Browse: Departments   Dates   Agencies  

ENVIRONMENTAL PROTECTION AGENCY

Veterans Affairs Department

CFR Citation: 40 CFR Part 82

RIN ID: RIN 2060-A030

EPA ID: [EPA-HQ-OAR-2006-1016; FRL-8510-8]

NOTICE: Part IV

DOCUMENT ACTION: Final rule.

SUBJECT CATEGORY: Protection of Stratospheric Ozone: The 2008 Critical Use Exemption From the Phaseout of Methyl Bromide

DATES: This rule is effective on December 28, 2007.

DOCUMENT SUMMARY: EPA is finalizing an exemption to the phaseout of methyl bromide to meet the needs of 2008 critical uses. Specifically, EPA is authorizing uses that qualify for the 2008 critical use exemption and the amount of methyl bromide that may be produced, imported, or supplied from existing prephaseout inventory for those uses in 2008. EPA is taking action under the authority of the Clean Air Act to reflect recent consensus decisions taken by the Parties to the Montreal Protocol on Substances that Deplete the Ozone Layer at the 18th Meeting of the Parties.

SUMMARY: Environmental Protection Agency,

SUPPLEMENTAL INFORMATION

This final rule concerns Clean Air Act (CAA) restrictions on the consumption, production, and use of methyl bromide (a class I, Group VI controlled substance) for critical uses during calendar year 2008. Under the Clean Air Act, methyl bromide consumption (consumption is defined under the CAA as production plus imports minus exports) and production was phased out on January 1, 2005, apart from allowable exemptions, namely the critical use exemption and the quarantine and preshipment exemption. With this action, EPA is authorizing the uses that will qualify for the 2008 critical use exemption as well as specific amounts of methyl bromide that may be produced, imported, or sold from prephaseout inventory for critical uses in 2008.

Section 553(d) of the Administrative Procedure Act (APA), 5 U.S.C. Chapter 5, generally provides that rules may not take effect earlier than 30 days after they are published in the Federal Register. EPA is issuing this final rule under section 307(d) of the Clean Air Act, which states: ``The provisions of section 553 through 557 * * * of Title 5 shall not, except as expressly provided in this section, apply to actions to which this subsection applies.'' CAA section 307(d)(1). Thus, section 553(d) of the APA does not apply to this rule. EPA is nevertheless acting consistently with the policies underlying APA section 553(d) in making this rule effective on December 28, 2007. APA section 553(d) provides an exception for any action that grants or recognizes an exemption or relieves a restriction. This final rule grants an exemption from the phaseout of methyl bromide.
Table of Contents
I. General Information

Regulated Entities
II. What Is Methyl Bromide?
III. What Is the Background to the Phaseout Regulations for Ozone Depleting Substances?
IV. What Is the Legal Authority for Exempting the Production and Import of Methyl Bromide for Critical Uses Authorized by the Parties to the Montreal Protocol?
V. What Is the Critical Use Exemption Process?

A. Background of the Process

B. How Does This Final Rulemaking Relate to Previous Critical Use Exemption Rulemakings?

C. Critical Uses

D. Critical Use Amounts

1. Background of Critical Use Amounts

2. Calculation of Available Stocks

3. Adjusting New Production and Import Amounts to Account for Available Stocks

4. Treatment of Carryover Material

a. Reporting Requirements to Calculate Carryover Amounts

b. Apportionment of Carryover Reductions Among Producers

5. Amounts for Research Purposes

6. Methyl Bromide Alternatives

E. The Criteria in Decisions IX/6 and Ex. I/4

F. Emissions Minimization

G. Critical Use Allowance Allocations

H. Critical Stock Allowance Allocations and the Confidentiality of Information About the Aggregate Methyl Bromide Inventory

I. Stocks of Methyl Bromide

VI. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review

B. Paperwork Reduction Act

C. Regulatory Flexibility Act

D. Unfunded Mandates Reform Act

E. Executive Order 13132: Federalism

F. Executive Order 13175: Consultation and Coordination with Indian Tribal Governments

G. Executive Order 13045: Protection of Children from Environmental Health and Safety Risks

H. Executive Order 13211: Actions That Significantly Affect Energy Supply, Distribution, or Use

I. National Technology Transfer and Advancement Act

J. Executive Order 12898: Federal Actions to Address Environmental Justice in Minority Populations and LowIncome Populations

K. Congressional Review Act
I. General Information

Regulated Entities

Entities potentially regulated by this action are those associated with the production, import, export, sale, application, and use of methyl bromide covered by an approved critical use exemption. Potentially regulated categories and entities include:
Category Examples of regulated entities Industry......................... Producers, Importers, and Exporters of methyl bromide; Applicators and Distributors of methyl bromide; Users of methyl bromide, e.g., farmers of vegetable crops, fruits, and seedlings; Owners of stored food commodities and structures such as grain mills and processors; and Agricultural researchers. [[Page 74119]]

The above table is not intended to be exhaustive, but rather to provide a guide for readers regarding entities likely to be regulated by this action. This table lists the types of entities that EPA is aware could potentially be regulated by this action. To determine whether your facility, company, business, or organization is regulated by this action, you should carefully examine the regulations promulgated at 40 CFR Part 82, Subpart A. If you have questions regarding the applicability of this action to a particular entity, consult the person listed in the preceding section.

II. What Is Methyl Bromide?

Methyl bromide is an odorless, colorless, toxic gas which is used as a broadspectrum pesticide and is controlled under the CAA as a class I ozonedepleting substance (ODS). Methyl bromide is used in the U.S. and throughout the world as a fumigant to control a variety of pests such as insects, weeds, rodents, pathogens, and nematodes. Additional characteristics and details about the uses of methyl bromide can be found in the proposed rule on the phaseout schedule for methyl bromide published in the Federal Register on March 18, 1993 (58 FR 15014), and the final rule published in the Federal Register on December 10, 1993 (58 FR 65018). Information on methyl bromide can be found at http://www.ozone.unep.org or by contacting the Stratospheric Ozone Hotline at 18002961996.

Because it is a pesticide, methyl bromide is also regulated by EPA under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and other statutes and regulatory authority, as well as by States under their own statutes and regulatory authorities. Under FIFRA, methyl bromide is a restricted use pesticide. Restricted use pesticides are subject to certain Federal and State requirements governing their sale, distribution, and use. Nothing in this final rule implementing the Clean Air Act is intended to derogate from provisions in any other Federal, State, or Local laws or regulations governing actions including, but not limited to, the sale, distribution, transfer, and use of methyl bromide. All entities that are affected by provisions of this action must continue to comply with FIFRA and other pertinent statutory and regulatory requirements for pesticides (including, but not limited to, requirements pertaining to restricted use pesticides) when importing, exporting, acquiring, selling, distributing, transferring, or using methyl bromide for critical uses. The regulations in this final rule are intended only to implement the CAA restrictions on the production, consumption, and use of methyl bromide for critical uses exempted from the phaseout of methyl bromide. III. What Is the Background to the Phaseout Regulations for Ozone Depleting Substances?

The current regulatory requirements of the stratospheric ozone protection program that limit production and consumption of ozone depleting substances can be found at 40 CFR Part 82, Subpart A. The regulatory program was originally published in the Federal Register on August 12, 1988 (53 FR 30566), in response to the 1987 signing and subsequent ratification of the Montreal Protocol on Substances that Deplete the Ozone Layer (Protocol). The Protocol is the international agreement aimed at reducing and eliminating the production and consumption of stratospheric ozone depleting substances. The U.S. was one of the original signatories to the 1987 Montreal Protocol and the U.S. ratified the Protocol on April 12, 1988. Congress then enacted, and President George H.W. Bush signed into law, the Clean Air Act Amendments of 1990 (CAAA of 1990) which included Title VI on Stratospheric Ozone Protection, codified as 42 U.S.C. Chapter 85, Subchapter VI, to ensure that the United States could satisfy its obligations under the Protocol. EPA issued regulations to implement this legislation and has made several amendments to the regulations since that time.

Methyl bromide was added to the Protocol as an ozone depleting substance in 1992 through the Copenhagen Amendment to the Protocol. The Parties to the Montreal Protocol (Parties) agreed that each industrialized country's level of methyl bromide production and consumption in 1991 should be the baseline for establishing a freeze in the level of methyl bromide production and consumption for industrialized countries. EPA published a final rule in the Federal Register on December 10, 1993 (58 FR 65018), listing methyl bromide as a class I, Group VI controlled substance, freezing U.S. production and consumption at this 1991 level of 25,528,270 kilograms, and, in 40 CFR 82.7, EPA also set forth the percentage of baseline allowances for methyl bromide granted to companies in each control period (each calendar year) until 2001, when the complete phaseout would occur. This phaseout date was established in response to a petition filed in 1991 under sections 602(c)(3) and 606(b) of the CAAA of 1990, requesting that EPA list methyl bromide as a class I substance and phase out its production and consumption. This date was consistent with section 602(d) of the CAAA of 1990, which for newly listed class I ozone depleting substances provides that ``no extension [of the phaseout schedule in section 604] under this subsection may extend the date for termination of production of any class I substance to a date more than 7 years after January 1 of the year after the year in which the substance is added to the list of class I substances.'' EPA based its action on scientific assessments and actions by the Parties to the Montreal Protocol to freeze the level of methyl bromide production and consumption for industrialized countries at the Fourth Meeting of the Parties (MOP) in 1992 in Copenhagen, Denmark.

At the Seventh MOP in 1995, the Parties made adjustments to the methyl bromide control measures and agreed to reduction steps and a 2010 phaseout date for industrialized countries with exemptions permitted for critical uses. At that time, the U.S. continued to have a 2001 phaseout date in accordance with the CAAA of 1990 language. At the Ninth MOP in 1997, the Parties agreed to further adjustments to the phaseout schedule for methyl bromide in industrialized countries, with reduction steps leading to a 2005 phaseout.
IV. What Is the Legal Authority for Exempting the Production and Import of Methyl Bromide for Critical Uses Authorized by the Parties to the Montreal Protocol?

In October 1998, the U.S. Congress amended the CAA to prohibit the termination of production of methyl bromide prior to January 1, 2005, to require EPA to bring the U.S. phaseout of methyl bromide in line with the schedule specified under the Protocol, and to authorize EPA to provide exemptions for critical uses. These amendments were contained in section 764 of the 1999 Omnibus Consolidated and Emergency Supplemental Appropriations Act (Pub. L. 105277, October 21, 1998) and were codified in section 604 of the CAA, 42 U.S.C. 7671c. The amendment that specifically addresses the critical use exemption appears at section 604(d)(6), 42 U.S.C. 7671c(d)(6). EPA revised the phaseout schedule for methyl bromide production and consumption in a direct final rulemaking on November 28, 2000 (65 FR 70795), which allowed for the phased reduction in methyl bromide consumption and extended the phaseout to 2005. EPA again amended the revised phaseout to allow for an
[[Page 74120]]
exemption for quarantine and preshipment purposes on July 19, 2001 (66 FR 37751), with an interim final rule and with a final rule on January 2, 2003 (68 FR 238).

On December 23, 2004 (69 FR 76982), EPA published a final rule titled ``Protection of Stratospheric Ozone: Process for Exempting Critical Uses From the Phaseout of Methyl Bromide'' (the ``Framework Rule'') in the Federal Register that established the framework for the critical use exemption; set forth a list of approved critical uses for 2005; and specified the amount of methyl bromide that could be supplied in 2005 from stocks and new production or import to meet the needs of approved critical uses. EPA then promulgated a supplemental rule on December 13, 2005 that added critical uses to the exemption program for 2005 and allocated additional stock allowances (70 FR 73604). EPA published a final rule on February 6, 2006, to exempt production and import of methyl bromide for 2006 critical uses and indicated which uses met the criteria for the exemption program for that year (71 FR 5985). EPA published another final rule on December 14, 2006, to exempt production and import of methyl bromide for critical uses in 2007 and indicated which uses met the criteria for critical uses for that year (71 FR 75386). Under authority of section 604(d)(6) of the CAA, this action lists the uses that qualify as approved critical uses in 2008 and the amount of methyl bromide that may be produced, imported, or supplied from inventory to satisfy those uses.

This action reflects Decision XVIII/13, taken at the Eighteenth Meeting of the Parties in October 2006. In accordance with Article 2H(5) of the Montreal Protocol, the Parties have issued several Decisions pertaining to the critical use exemption. These include Decisions IX/6 and Ex. I/4, which set forth criteria for review of proposed critical uses (see Section V.E. of this preamble). The status of Decisions is addressed in NRDC v. EPA, (464 F.3d 1, DC Cir. 2006) and in EPA's ``Supplemental Brief for the Respondent,'' filed in NRDC v. EPA and available in the docket for this action. In this final rule, EPA is honoring commitments made by the United States in the Montreal Protocol context.
V. What Is the Critical Use Exemption Process?

A. Background of the Process

Starting in 2002, EPA began notifying applicants of the process for obtaining a critical use exemption from the methyl bromide phaseout. On May 8, 2003, the Agency published its first notice in the Federal Register (68 FR 24737) announcing the availability of the application for a critical use exemption and the deadline for submission of the requisite data. Applicants were informed that they may apply as individuals or as part of a group of users (a ``consortium'') who face the same limiting critical conditions (i.e. specific conditions that establish a critical need for methyl bromide). EPA has repeated this process annually since then. The critical use exemption is designed to permit production and import of methyl bromide for uses that do not have technically and economically feasible alternatives.

The criteria for the exemption initially appeared in Decision IX/6 of the Parties to the Protocol. In that Decision, the Parties agreed that ``a use of methyl bromide should qualify as `critical' only if the nominating Party determines that: (i) The specific use is critical because the lack of availability of methyl bromide for that use would result in a significant market disruption; and (ii) there are no technically and economically feasible alternatives or substitutes available to the user that are acceptable from the standpoint of environment and public health and are suitable to the crops and circumstances of the nomination.'' These criteria are reflected in EPA's definition of ``critical use'' at 40 CFR 82.3.

In response to the annual requests for critical use exemption applications published in the Federal Register, applicants provide data on the technical and economic feasibility of using alternatives to methyl bromide. Applicants also submit data on their use of methyl bromide, on research programs into the use of alternatives to methyl bromide, and on efforts to minimize use and emissions of methyl bromide.

EPA's Office of Pesticide Programs reviews the data submitted by applicants, as well as data from governmental and academic sources, to establish whether there are technically and economically feasible alternatives available for a particular use of methyl bromide and whether there would be a significant market disruption if no exemption were available. In addition, EPA reviews other parameters of the exemption applications such as dosage and emissions minimization techniques and applicants' research or transition plans. This assessment process culminates in the development of a document referred to as the critical use nomination, or CUN. The U.S. Department of State submits the CUN annually to the United Nations Environment Programme (UNEP) Ozone Secretariat. The CUNs of various countries are subsequently reviewed by the Methyl Bromide Technical Options Committee (MBTOC) and the Technical and Economic Assessment Panel (TEAP), which are independent advisory bodies to Parties to the Montreal Protocol. These bodies make recommendations to the Parties on the nominations. The Parties then take a Decision to authorize a critical use exemption for a particular country. The Decision also identifies how much methyl bromide may be supplied for the exempted critical uses. As required in section 604(d)(6) of the Clean Air Act, for each exemption period, EPA consults with the United States Department of Agriculture and other departments and institutions of the Federal government that have regulatory authority related to methyl bromide, and provides an opportunity for public comment on the amounts of methyl bromide that the Agency has determined to be necessary for critical uses and the uses that the Agency has determined meet the criteria of the critical use exemption.

For more information on the domestic review process and methodology employed by the Office of Pesticide Programs, please refer to a detailed memo titled ``Development of 2003 Nomination for a Critical Use Exemption for Methyl Bromide for the United States of America'' available on the docket for this rulemaking. While the particulars of the data continue to evolve and administrative matters are further streamlined, the technical review itself has remained the same since the inception of the exemption program.

On January 24, 2006, the U.S. Government (USG) submitted the fourth Nomination for a Critical Use Exemption for Methyl Bromide for the United States of America to the Ozone Secretariat of the UNEP. This fourth nomination contained the request for 2008 critical uses. In March 2006, MBTOC sent questions to the USG concerning technical and economic issues in the nomination. In April 2006, the USG transmitted responses to MBTOC's requests for clarification. The USG received MBTOC's second round of questions in June 2006, and sent responses to MBTOC in August 2006. These documents, together with reports by the advisory bodies noted above, can be accessed in the public docket for this rulemaking. The determination in this final rule reflects the analysis contained in those documents.
[[Page 74121]]
B. How Does This Final Rulemaking Relate to Previous Critical Use Exemption Rulemakings?

The December 23, 2004, Framework Rule (69 FR 76982) established the operational framework for the critical use exemption program in the U.S., including trading provisions and recordkeeping and reporting obligations. The Framework Rule defined the terms ``critical use allowances'' (CUAs) and ``critical stock allowances'' (CSAs) at 40 CFR 82.3. Today's action authorizes the uses that will qualify as critical uses for 2008 and the amounts of CUAs and CSAs that will be allocated for those uses. The uses that EPA is authorizing as 2008 critical uses are the uses which the USG included in the fourth CUN, and which were approved by the Parties in Decision XVIII/13. In this action, EPA is also refining its approach for determining the amount of CSAs to allocate in 2008 and each year thereafter. EPA discusses the refined approach in detail in Section V.D. of this preamble.

C. Critical Uses

In Decision XVIII/13, taken in October 2006, the Parties to the Protocol agreed as follows: ``for the agreed criticaluse categories for 2008, set forth in table C of the annex to the present decision for each Party to permit, subject to the conditions set forth in the present decision and decision Ex.I/4, to the extent that those conditions are applicable, the levels of production and consumption for 2008 set forth in table D of the annex to the present decision which are necessary to satisfy critical uses * * *''

The following uses are those set forth in table C of the annex to Decision XVIII/13: Commodities, Cocoa beans (NPMA \1\ subset), NPMA food processing structures (cocoa beans removed), Mills and processors, Smokehouse ham, Cucurbitsfield, Eggplantfield, Forest nursery, Nursery stockfruit, nut, flower, Orchard replant, Ornamentals, Peppersfield, Strawberryfield, Strawberry runners, Tomatoesfield, and Sweet potato slips. The agreed criticaluse levels for 2008 total 5,355,946 kilograms (kg), which is equivalent to 21.0% of the U.S. 1991 methyl bromide consumption baseline of 25,528,270 kg. However, the maximum amount of allowable new production and import as set forth in table D of Decision XVIII/13 is 4,595,040 kg (18.0% of baseline). For the reasons described in Section V.D. of this preamble, EPA is allowing up to 3,083,763 kg (12.1% of baseline) of new production or import of methyl bromide for critical uses for 2008, with 1,729,689 kg (6.8% of baseline) coming from stocks. To clarify, while the Parties require only 760,906 kg of stockpile use if the entire U.S. allotment is utilized, EPA is allowing use of 1,729,689 kg of prephaseout inventory for critical uses and reducing allowable production accordingly. \1\ NPMA stands for National Pest Management Association.

In this final rule, EPA is amending columns B and C of Appendix L to 40 CFR art 82, subpart A to reflect the agreed criticaluse categories identified in Decision XVIII/13 for the 2008 control period (calendar year). The Agency is amending the table of critical uses based, in part, on the technical analysis contained in the 2008 U.S. nomination that assesses data submitted by applicants to the critical use exemption program as well as public and proprietary data on the use of methyl bromide and its alternatives. EPA sought comment on the analysis contained in the 2008 nomination and, in particular, any information regarding changes to the registration or use of alternatives that may have transpired after the 2008 nomination was submitted. The Agency stated that such information has the potential to alter the technical or economic feasibility of an alternative and could thus cause EPA to modify the analysis that underpins EPA's determination as to which uses and what amounts of methyl bromide qualify for the critical use exemption. Based on Decision XIII/13 and the 2008 U.S. CUN, EPA is determining that the uses in Table I: Approved Critical Uses, with the limiting critical conditions specified, qualify to obtain and use critical use methyl bromide in 2008.
Table I.Approved Critical Uses
Column A Column B Column C Limiting critical conditions that either exist, or Approved critical that the approved Approved critical uses user and location of critical user use reasonably expects could arise without methyl bromide fumigation PrePlant Uses:

Cucurbits............... (a) Michigan growers Moderate to severe soilborne disease infestation. A need for methyl bromide for research purposes. (b) Southeastern Moderate to severe U.S. limited to yellow or purple growing locations nutsedge in Alabama, infestation. Louisiana, Moderate to severe Mississippi, North soilborne disease Carolina, South infestation. Carolina, Moderate to severe Tennessee, and root knot nematode Virginia. infestation. A need for methyl bromide for research purposes. (c) Georgia growers. Moderate to severe yellow or purple nutsedge infestation. Moderate to severe soilborne disease infestation. Moderate to severe root knot nematode infestation. A need for methyl bromide for research purposes. [[Page 74122]]

Eggplant................ (a) Florida growers. Moderate to severe yellow or purple nutsedge infestation. Moderate to severe soilborne disease infestation. Restrictions on alternatives due to karst topographical features and soils not supporting seepage irrigation. A need for methyl bromide for research purposes. (b) Georgia growers. Moderate to severe yellow or purple nutsedge infestation. Moderate to severe nematode infestation. Moderate to severe pythium collar, crown and root rot. Moderate to severe southern blight infestation. Restrictions on alternatives due to karst topographical features. A need for methyl bromide for research purposes. (c) Michigan growers Moderate to severe soilborne disease infestation. A need for methyl bromide for research purposes.

Forest Nursery Seedlings (a) Growers in Moderate to severe Alabama, Arkansas, yellow or purple Georgia, Louisiana, nutsedge Mississippi, North infestation. Carolina, Oklahoma, Moderate to severe South Carolina, soilborne disease Tennessee, Texas, infestation. and Virginia. Moderate to severe nematode infestation. (b) International Moderate to severe Paper and its yellow or purple subsidiaries nutsedge limited to growing infestation. locations in Moderate to severe Alabama, Arkansas, soilborne disease Georgia, South infestation. Carolina, and Texas.
(c) Public Moderate to severe (governmentowned) weed infestation seedling nurseries including purple in Illinois, and yellow nutsedge Indiana, Kentucky, infestation. Maryland, Missouri, Moderate to severe New Jersey, Ohio, Canada thistle Pennsylvania, West infestation. Virginia, and Moderate to severe Wisconsin. nematode infestation. Moderate to severe soilborne disease infestation. (d) Weyerhaeuser Moderate to severe Company and its yellow or purple subsidiaries nutsedge limited to growing infestation. locations in Moderate to severe Alabama, Arkansas, soilborne disease North Carolina, and infestation. South Carolina. Moderate to severe nematode or worm infestation. (e) Weyerhaeuser Moderate to severe Company and its yellow nutsedge subsidiaries infestation. limited to growing Moderate to severe locations in Oregon soilborne disease and Washington. infestation. (f) Michigan growers Moderate to severe soilborne disease infestation. Moderate to severe Canada thistle infestation. Moderate to severe nutsedge infestation. Moderate to severe nematode infestation.

Orchard Nursery (a) Members of the Moderate to severe Seedlings. Western Raspberry nematode Nursery Consortium infestation. limited to growing Presence of medium locations in to heavy clay Washington. soils. Prohibition on use of 1,3 dichloropropene products because local township limits on use of this alternative have been reached. A need for methyl bromide for research purposes. [[Page 74123]]
(b) Members of the Moderate to severe California nematode Association of infestation. Nursery and Garden Presence of medium Centers to heavy clay representing soils. Deciduous Tree Prohibition on use Fruit Growers. of 1,3 dichloropropene products because local township limits on use of this alternative have been reached. A need for methyl bromide for research purposes. (c) California rose Moderate to severe nurseries. nematode infestation. Prohibition on use of 1,3 dichloropropene products because local township limits on use of this alternative have been reached. A need for methyl bromide for research purposes.

Strawberry Nurseries.... (a) California Moderate to severe growers. soilborne disease infestation. Moderate to severe yellow or purple nutsedge infestation. Moderate to severe nematode infestation. A need for methyl bromide for research purposes. (b) North Carolina Moderate to severe and Tennessee black root rot. growers. Moderate to severe rootknot nematode infestation. Moderate to severe yellow and purple nutsedge infestation. A need for methyl bromide for research purposes.

Orchard Replant......... (a) California stone Moderate to severe fruit growers. nematode infestation. Moderate to severe soilborne disease infestation. Replanted (non virgin) orchard soils to prevent orchard replant disease. Presence of medium to heavy soils. Prohibition on use of 1,3 dichloropropene products because local township limits on use of this alternative have been reached. (b) California table Moderate to severe and raisin grape nematode growers. infestation. Moderate to severe soilborne disease infestation. Replanted (non virgin) orchard soils to prevent orchard replant disease. Medium to heavy soils. Prohibition on use of 1,3 dichloropropene products because local township limits for this alternative have been reached. (c) California wine Moderate to severe grape growers. nematode infestation. Moderate to severe soilborne disease infestation. Replanted (non virgin) orchard soils to prevent orchard replant disease. Medium to heavy soils. Prohibition on use of 1,3 dichloropropene products because local township limits for this alternative have been reached. (d) California Moderate to severe walnut growers.. nematode infestation. Moderate to severe soilborne disease infestation. Replanted (non virgin) orchard soils to prevent orchard replant disease. Medium to heavy soils. Prohibition on use of 1,3 dichloropropene products because local township limits for this alternative have been reached. [[Page 74124]]
(e) California Moderate to severe almond growers. nematode infestation. Moderate to severe soilborne disease infestation. Replanted (non virgin) orchard soils to prevent orchard replant disease. Medium to heavy soils. Prohibition on use of 1,3 dichloropropene products because local township limits for this alternative have been reached.

Ornamentals............. (a) California Moderate to severe growers. soilborne disease infestation. Moderate to severe nematode infestation. Prohibition on use of 1,3 dichloropropene products because local township limits for this alternative have been reached. A need for methyl bromide for research purposes. (b) Florida growers. Moderate to severe weed infestation. Moderate to severe soilborne disease infestation. Moderate to severe nematode infestation. Restrictions on alternatives due to karst topographical features and soils not supporting seepage irrigation. A need for methyl bromide for research purposes. (c) Michigan Moderate to severe herbaceous nematode perennials growers. infestation. Moderate to severe soilborne disease infestation. Moderate to severe yellow nutsedge and other weed infestation.

Peppers................. (a) Alabama, Moderate to severe Arkansas, Kentucky, yellow or purple Louisiana, nutsedge Mississippi, North infestation. Carolina, South Moderate to severe Carolina, nematode Tennessee, and infestation. Virginia growers. Moderate to severe pythium root, collar, crown and root rots. A need for methyl bromide for research purposes. (b) Florida growers. Moderate to severe yellow or purple nutsedge infestation. Moderate to severe soilborne disease infestation. Moderate to severe nematode infestation. Restrictions on alternatives due to karst topographical features and soils not supporting seepage irrigation. A need for methyl bromide for research purposes. (c) Georgia growers. Moderate to severe yellow or purple nutsedge infestation. Moderate to severe nematode infestation, or moderate to severe pythium root and collar rots. Moderate to severe southern blight infestation, crown or root rot. A need for methyl bromide for research purposes. (d) Michigan growers Moderate to severe soilborne disease infestation. A need for methyl bromide for research purposes. [[Page 74125]]

Strawberry Fruit........ (a) California Moderate to severe growers. black root rot or crown rot. Moderate to severe yellow or purple nutsedge infestation. Moderate to severe nematode infestation. Prohibition on use of 1,3 dichloropropene products because local township limits for this alternative have been reached. Time to transition to an alternative. A need for methyl bromide for research purposes. (b) Florida growers. Moderate to severe yellow or purple nutsedge infestation. Moderate to severe nematode infestation. Moderate to severe soilborne disease infestation. Carolina geranium or cutleaf evening primrose infestation. Restrictions on alternatives due to karst topographical features and soils not supporting seepage irrigation. A need for methyl bromide for research purposes. (c) Alabama, Moderate to severe Arkansas, Georgia, yellow or purple Illinois, Kentucky, nutsedge Louisiana, infestation. Maryland, Moderate to severe Mississippi, nematode Missouri, New infestation. Jersey, North Moderate to severe Carolina, Ohio, black root and South Carolina, crown rot. Tennessee, and A need for methyl Virginia growers. bromide for research purposes.

Sweet Potato Slips...... (a) California Prohibition on use growers. of 1,3 dichloropropene products because local township limits for this alternative have been reached.

Tomatoes................ (a) Michigan growers Moderate to severe soilborne disease infestation. Moderate to severe fungal pathogen infestation. A need for methyl bromide for research purposes. (b) Alabama, Moderate to severe Arkansas, Florida, yellow or purple Georgia, Kentucky, nutsedge Louisiana, North infestation. Carolina, South Moderate to severe Carolina, soilborne disease Tennessee, and infestation. Virginia growers. Moderate to severe nematodes. Restrictions on alternatives due to karst topographical features, and in Florida, soils not supporting seepage irrigation. A need for methyl bromide for research purposes. PostHarvest Uses:

Food Processing......... (a) Rice millers in Moderate to severe all locations in infestation of the U.S. who are beetles, weevils, members of the USA or moths. Rice Millers Presence of Association. sensitive electronic equipment subject to corrosion. Time to transition to an alternative. (b) Pet food Moderate to severe manufacturing infestation or facilities in the beetles, moths, or U.S. who are active cockroaches. members of the Pet Presence of Food Institute (for sensitive this rule, ``pet electronic food'' refers to equipment subject domestic dog and to corrosion. cat food). Time to transition to an alternative. (c) Bakeries in the Presence of U.S.. sensitive electronic equipment subject to corrosion. Time to transition to an alternative. (d) Members of the Moderate to severe North American beetle infestation. Millers' Presence of Association in the sensitive U.S. electronic equipment subject to corrosion. Time to transition to an alternative. [[Page 74126]]
(e) Members of the Moderate to severe National Pest beetle or moth Management infestation. Association Presence of treating cocoa sensitive beans in storage electronic and associated equipment subject spaces and to corrosion. equipment and Time to transition processed food, to an alternative. cheese, herbs,
spices and spaces
and equipment in
associated
processing

facilities.

Commodities............. (a) California Rapid fumigation is entities storing required to meet a walnuts, beans, critical market dried plums, figs, window, such as raisins, and dates during the holiday (in Riverside season, rapid county only) in fumigation is California. required when a buyer provides short (2 working days or less) notification for a purchase or there is a short period after harvest in which to fumigate and there is limited silo availability for using alternatives. A need for methyl bromide for research purposes.

Dry Cured Pork Products. (a) Members of the Red legged ham National Country beetle infestation. Ham Association. Cheese/ham skipper infestation. Dermested beetle infestation. Ham mite infestation. (b) Members of the Red legged ham American beetle infestation. Association of Meat Cheese/ham skipper Processors. infestation.

FOR FURTHER INFORMATION CONTACT Aaron Levy by telephone at (202) 343- 9215, or by email at levy.aaron@epa.gov or by mail at Aaron Levy, U.S. Environmental Protection Agency, Stratospheric Protection Division, Stratospheric Program Implementation Branch (6205J), 1200 Pennsylvania Avenue, NW., Washington, DC, 20460. You may also visit the Ozone Depletion Web site of EPA's Stratospheric Protection Division at http://www.epa.gov/ozone/strathome.html for further information about EPA's
stratospheric ozone protection regulations, the science of ozone layer depletion, and other related topics.