**********************

PART
82­
PROTECTION
OF
STRATOSPHERIC
OZONE
1.
The
authority
citation
for
part
82
continues
to
read
as
follows:

Authority:
42
U.
S.
C.
7414,
7601,
7671­
7671q.

Subpart
A­
Production
and
Consumption
Controls
2.
Section
82.3
is
amended
as
follows:
a)
By
adding
definitions
in
alphabetical
order
for
the
terms,
"
Approved
critical
use,"
"
Approved
critical
user,"
"
Consortium,"
"
Contingent
critical
use,"
"
Critical
stock
allowance,"
"
Critical
stock
allowance
holder,"
"
Critical
use,"
"
Critical
use
allowance
for
pre­
plant
use,"
"
Critical
use
allowance
for
post­
harvest
use,"
"
Critical
use
allowance
holder,"
"
Critical
use
methyl
bromide,"
"
End
user,"
"
Limiting
critical
condition,"
"
Location
of
use,"
"
Third
party
applicator,"
"
Unexpended
critical
stock
allowance,"
and
"
Unexpended
critical
use
allowance;"
b)
By
revising
definition
of
"
Confer."

§
82.3
Definitions
for
class
I
and
class
II
controlled
substances.
*
*
*
*
*
Approved
critical
use(
s)
means
those
uses
of
methyl
bromide
listed
in
Column
A
of
Appendix
L
to
this
subpart
as
further
clarified
in
Columns
B
and
C
of
that
Appendix.
*
*
*
*
*
Approved
critical
user(
s)
means
a
person
who:
(
1)
for
the
applicable
control
period,
applied
to
EPA
for
a
critical
use
exemption
or
is
a
member
of
a
consortium
that
applied
for
a
critical
use
exemption
for
a
use
and
location
of
use
that
was
included
in
the
U.
S.
nomination,
authorized
by
a
Decision
of
the
Parties
to
the
Montreal
Protocol,
and
then
finally
determined
by
EPA
in
a
notice­
and­
comment
rulemaking
to
be
a
critical
user
in
that
location;
and
(
2)
has
an
area
in
the
applicable
location
of
use
that
requires
methyl
bromide
fumigation
because
the
person
reasonable
expects
that
the
area
could
be
subject
to
a
limiting
critical
condition.
*
*
*
*
*
Confer
means
to
shift
the
essential­
use
allowances
obtained
under
§
82.8
from
the
holder
of
the
unexpended
essential­
use
allowances
to
a
person
for
the
production
of
a
specified
controlled
substance,
or
to
shift
the
HCFC­
141b
exemption
allowances
granted
under
§
82.16(
h)
from
the
holder
of
the
unexpended
HCFC­
141b
exemption
allowances
to
a
person
for
the
production
or
import
of
the
controlled
substance.
*
*
*
*
*
Consortium
means
an
organization
representing
a
group
of
methyl
bromide
users
that
has
collectively
submitted
an
application
for
a
critical
use
exemption
on
behalf
of
all
members
of
the
group.
The
members
of
a
consortium
shall
be
determined
on
the
basis
of
the
rules
established
by
the
organization.
Members
may
either
be
required
to
formally
join
the
consortium
(
i.
e.,
by
submitting
an
application
or
paying
dues)
or
may
automatically
become
members
upon
meeting
particular
criteria
(
i.
e.
a
grower
of
a
specific
crop
in
a
particular
region).
*
*
*
*
*
Critical
stock
allowance
(
CSA)
means
the
ability
granted
by
this
subpart
to
sell
one
(
1)
kilogram
of
class
I,
Group
VI
controlled
substances
from
available
inventory
produced
or
imported
prior
to
the
January
1,
2005
phaseout
date
to
an
approved
critical
user
during
the
specified
control
period
to
the
extent
permitted
by
federal
and
state
pesticide
statutes
and
regulations
other
than
the
Clean
Air
Act
and
regulations
in
this
part.
A
person's
critical
stock
allowances
are
the
total
of
the
allowances
obtained
under
§
82.8(
c)
as
may
be
modified
under
§
82.12
(
transfer
of
allowances).

Critical
stock
allowance
(
CSA)
holder
means
an
entity
to
which
EPA
allocates
a
quantity
of
critical
stock
allowances
as
reflected
under
§
82.8(
c),
or
who
receives
a
quantity
of
critical
stock
allowances
through
a
transfer
under
§
82.12.

Critical
use
means
a
circumstance
in
which
the
following
two
conditions
are
satisfied:
(
1)
there
are
no
technically
and
economically
feasible
alternatives
or
substitutes
for
methyl
bromide
available
to
end
users
that
are
acceptable
from
the
standpoint
of
environment
and
health
and
are
suitable
to
the
crops
and
circumstances
involved,
and
(
2)
the
lack
of
availability
of
methyl
bromide
for
a
particular
use
would
result
in
significant
market
disruption
in
the
United
States.

Critical
use
allowance
(
CUA)
means
the
privilege
granted
by
this
subpart
to
produce
or
import
on
(
1)
kilogram
of
methyl
bromide
for
an
approved
critical
use
during
the
specified
control
period.
A
person's
critical
use
allowances
are
the
total
of
the
allowances
obtained
under
§
82.8(
c)
as
may
be
modified
under
§
82.12
(
transfer
of
allowances).

Critical
use
allowance
for
pre­
plant
uses
means
the
privilege
granted
by
this
subpart
to
produce
or
import
on
(
1)
kilogram
of
methyl
bromide
solely
for
an
approved
critical
use
in
pre­
plant
categories
specified
in
Appendix
L
to
this
subpart
during
the
specified
control
period.
A
person's
critical
use
allowances
for
pre­
plant
uses
are
the
total
of
the
allowances
obtained
under
§
82.8(
c)
as
may
be
modified
under
§
82.12
(
transfer
of
allowances).

Critical
use
allowance
for
post­
harvest
uses
means
the
privilege
granted
by
this
subpart
to
produce
or
import
on
(
1)
kilogram
of
methyl
bromide
solely
for
an
approved
critical
use
in
postharvest
categories
specified
in
Appendix
L
to
this
subpart
during
the
specified
control
period.
A
person's
critical
use
allowances
for
post­
harvest
uses
are
the
total
of
the
allowances
obtained
under
§
82.8(
c)
as
may
be
modified
under
§
82.12
(
transfer
of
allowances).

Critical
use
allowance
(
CUA)
holder
means
an
entity
to
which
EPA
allocates
a
quantity
of
critical
use
allowances
as
reflected
in
§
82.8(
c)
or
who
receives
a
quantity
of
critical
use
allowances
through
a
transfer
under
§
82.12.

Critical
use
methyl
bromide
means
the
class
I,
Group
VI
controlled
substance
produced
and
imported
through
expending
a
critical
use
allowance
or
identified
by
a
CSA
holder
as
that
portion
of
available
inventory
produced
or
imported
prior
to
the
January
1,
2005
phaseout
date
that
will
be
sold
only
to
approved
critical
users
through
expending
a
critical
stock
allowance.
*
*
*
*
*
End
user
means
a
person
that
treats
or
fumigates
commodities,
crops,
structures
or
land
in
his
possession
with
methyl
bromide
or
contracts
with
a
third
party
applicator
for
such
treatment
or
fumigation.
*
*
*
*
*
Limiting
critical
condition
means
the
regulatory,
technical,
and
economic
circumstances
listed
in
Appendix
L
to
this
subpart
that
establish
conditions
of
critical
use
for
methyl
bromide
in
a
fumigation
area.
Such
conditions
may
include,
but
are
not
limited,
to:
(
1)
the
absence
of
technically
and
economically
feasible
alternatives
to
methyl
bromide
for
a
specific
use;
(
2)
regulatory
restrictions
that
prohibit
the
use
of
available
alternatives
in
a
specific
fumigation
area;
(
3)
terrain,
soil,
or
climatological
conditions
that
render
use
of
available
alternatives
technically
or
economically
infeasible
in
a
specific
fumigation
area.
*
*
*
*
*
Location
of
use
means
the
geographic
area
(
such
as
a
state,
region,
or
the
entire
United
States)
covered
by
an
application
for
a
critical
use
exemption
in
which
the
limiting
critical
condition
may
occur.
*
*
*
*
*
Third
party
applicator
means
an
applicator
of
critical
use
methyl
bromide
who
fumigates
or
treats
commodities,
structures,
crops,
or
land
in
the
possession
of
an
end
user.
*
*
*
*
*
Unexpended
critical
stock
allowances
(
CSA)
means
critical
stock
allowances
against
which
methyl
bromide
has
not
yet
been
sold
or
distributed
to
an
approved
critical
use.
*
*
*
*
*
Unexpended
critical
use
allowances
(
CUA)
means
critical
use
allowances
against
which
methyl
bromide
has
not
yet
been
produced
or
imported.
At
any
time
in
any
control
period
a
person's
unexpended
critical
use
allowances
are
the
total
of
the
level
of
critical
use
allowances
the
person
holds
at
that
time
for
that
control
period,
minus
the
level
of
class
I,
Group
VI
controlled
substances
that
the
person
has
produced
or
has
imported
solely
for
approved
critical
uses
in
that
control
period.
*
*
*
*
*
3.
Section
82.4
is
amended
by
revising
paragraphs
(
b),
(
d)
and
(
n),
and
by
adding
paragraph
(
p)
as
follows:

§
82.4
Prohibitions
for
class
I
controlled
substances.
*
*
*
*
*
(
b)
Effective
January
1,
1996,
for
any
class
I,
Group
I,
Group
II,
Group
III,
Group
IV,
Group
V,
or
Group
VII
controlled
substances,
and
effective
January
1,
2005,
for
any
class
I,
Group
VI
controlled
substance,
and
effective
August
18,
2003,
for
any
class
I,
Group
VIII
controlled
substance,
no
person
may
produce,
at
any
time
in
any
control
period,
(
except
that
are
transformed
or
destroyed
domestically
or
by
a
person
of
another
Party)
in
excess
of
the
amount
of
conferred
unexpended
essential
use
allowances
or
exemptions,
or
in
excess
of
the
amount
of
unexpended
critical
use
allowances,
or
in
excess
of
the
amount
of
unexpended
Article
5
allowances
as
allocated
under
§
82.9
as
may
be
modified
under
§
82.12
(
transfer
of
allowances),
for
that
substance
held
by
that
person
under
the
authority
of
this
subpart
at
that
time
for
that
control
period.
Every
kilogram
of
excess
production
constitutes
a
separate
violation
of
this
subpart.
*
*
*
*
*
(
d)
Effective
January
1,
1996,
for
any
class
I,
Group
I,
Group
II,
Group
III,
Group
IV,
Group
V,
or
Group
VII
controlled
substances,
and
effective
January
1,
2005,
for
any
class
I,
Group
VI
controlled
substance,
and
effective
August
18,
2003,
for
any
class
I,
Group
VIII
controlled
substance,
no
person
may
import
(
except
for
transhipments
or
heels),
at
any
time
in
any
control
period,
(
except
for
controlled
substances
that
are
transformed
or
destroyed)
in
excess
of
the
amount
of
unexpended
essential
use
allowances
or
exemptions,
or
in
excess
of
unexpended
critical
use
allowances,
for
that
substance
held
by
that
person
under
the
authority
of
this
subpart
at
that
time
for
that
control
period.
Every
kilogram
of
excess
importation
(
other
than
transhipments
or
heels)
constitutes
a
separate
violation
of
this
subpart.
It
is
a
violation
of
this
subpart
to
obtain
unused
class
I
controlled
substances
under
the
general
laboratory
exemption
in
excess
of
actual
need
and
to
recycle
that
material
for
sale
into
other
markets.
*
*
*
*
*
(
n)
No
person
may
use
class
I
controlled
substances
produced
or
imported
under
the
essential
use
exemption
for
any
purpose
other
than
those
set
forth
in
this
paragraph.
Effective
January
1,
1996,
essential­
use
allowances
are
apportioned
to
a
person
under
§
82.8(
a)
and
(
b)
for
the
exempted
production
or
importation
of
specified
class
I
controlled
substances
solely
for
the
purposes
listed
in
paragraphs
(
n)(
1)(
i)
through
(
iii)
of
this
section.
(
1)
Essential­
uses
for
the
production
or
importation
of
controlled
substances
as
agreed
to
by
the
Parties
to
the
Protocol
and
subject
to
the
periodic
revision
of
the
Parties
are:
(
i)
Metered
dose
inhalers
(
MDIs)
for
the
treatment
of
asthma
and
chronic
obstructive
pulmonary
disease
that
were
approved
by
the
Food
and
Drug
Administration
before
December
31,
2000.
(
ii)
Space
Shuttle
­
solvents.
(
iii)
Essential
laboratory
and
analytical
uses
(
defined
in
Appendix
G
of
this
subpart).
(
2)
Any
person
acquiring
unused
class
I
controlled
substances
produced
or
imported
under
the
authority
of
essential­
use
allowances
or
the
essential­
use
exemption
granted
in
§
82.8
to
this
subpart
for
use
in
anything
other
than
an
essential­
use
(
i.
e.,
for
uses
other
than
those
specifically
listed
in
paragraph
(
n)(
1)
of
this
section)
is
in
violation
of
this
subpart.
Each
kilogram
of
unused
class
I
controlled
substance
produced
or
imported
under
the
authority
of
essential­
use
allowances
or
the
essential­
use
exemption
and
used
for
a
non­
essential
uses
is
a
separate
violation
of
this
subpart.
Any
person
selling
unused
class
I
controlled
substances
produced
or
imported
under
authority
of
essential­
use
allowances
or
the
essential­
use
exemption
for
uses
other
than
an
essential­
use
is
in
violation
of
this
subpart.
Each
kilogram
of
unused
class
I
controlled
substances
produced
or
imported
under
authority
of
essential­
use
allowances
or
the
essential­
use
exemption
and
sold
for
a
use
other
than
an
essential­
use
is
a
separate
violation
of
this
subpart.
It
is
a
violation
of
this
subpart
to
obtain
unused
class
I
controlled
substances
under
the
exemption
for
laboratory
and
analytical
uses
in
excess
of
actual
need
and
to
recycle
that
material
for
sale
into
other
markets.
*
*
*
*
*
(
p)
Critical
Use
Exemption:
With
respect
to
class
I,
Group
VI
substances
(
methyl
bromide):
AFFIRMATIVE
REQUIREMENT
FOR
CSA
HOLDERS
Each
CSA
holder
shall
identify
a
portion
of
inventory
produced
or
imported
prior
to
the
January
1,
2005
phaseout
date
as
critical
use
methyl
bromide.
The
portion
identified
as
critical
use
methyl
bromide
[
may
not
exceed?]
must
correspond
to
the
number
of
unexpended
allowances
held
by
that
person.

SALES
PROHIBITIONS
(...)
No
person
shall
deliver
or
sell
critical
use
methyl
bromide
without
first
receiving
a
certification
from
the
person
receiving
or
purchasing
critical
use
methyl
bromide
that
the
quantity
ordered
and
purchased
will
be
sold
or
used
solely
for
an
approved
critical
use.
Every
kilogram
of
critical
use
methyl
bromide
delivered
or
sold
without
first
obtaining
such
certification
constitutes
a
separate
violation
of
this
subpart.

(...)
A
person
shall
sell
critical
use
methyl
bromide
produced
or
imported
through
the
expenditure
of
a
critical
use
allowance,
only
to
an
approved
critical
use.
Every
kilogram
of
critical
use
methyl
bromide
produced
or
imported
through
the
expenditure
of
a
critical
use
allowance
that
is
sold
to
a
non
critical
use
constitutes
a
separate
violation
of
this
subpart.

(...)
A
person
shall
sell
critical
use
methyl
bromide
produced
or
imported
before
the
phaseout
date
of
January
1,
2005,
only
to
an
approved
critical
use.
Every
kilogram
of
critical
use
methyl
bromide
produced
or
imported
before
the
phaseout
date
of
January
1,
2005
that
is
sold
to
a
non
critical
use
constitutes
a
separate
violation
of
this
subpart.

(...)
A
person
who
sells
critical
use
methyl
bromide
produced
or
imported
before
the
phaseout
date
of
January
1,
2005,
must
hold
sufficient
critical
stock
allowances
(
CSA)
for
the
transaction
and
shall
expend
one
allowance
for
each
kilogram
of
critical
use
methyl
bromide
sold.
Every
kilogram
of
critical
use
methyl
bromide
produced
or
imported
before
the
phaseout
date
of
January
1,
2005
that
is
sold
without
expending
an
allowance
constitutes
a
separate
violation
of
this
subpart.

USER
PROHIBITIONS
(...)
No
person
who
acquires
critical
use
methyl
bromide
may
use
such
quantities
for
a
use
other
than
the
specified
critical
use
listed
in
Column
A,
the
specified
location
of
use
in
Column
B,
and
the
specified
limiting
critical
conditions
in
Column
C
of
Appendix
L
to
this
subpart.

(...)
No
person
who
acquires
critical
use
methyl
bromide
produced
or
imported
with
expended
critical
use
allowances
for
pre­
plant
uses,
may
use
such
quantities
for
other
than
the
pre­
plant
uses
as
specified
in
Column
A,
Column
B
and
Column
C
of
Appendix
L
to
this
subpart.

(...)
No
person
who
acquires
critical
use
methyl
bromide
produced
or
imported
with
expended
critical
use
allowances
for
post­
harvest
uses,
may
use
such
quantities
for
other
than
the
post­
harvest
uses
as
specified
in
Column
A,
Column
B
and
Column
C
of
Appendix
L
to
this
subpart.
(...)
No
person
who
uses
critical
use
methyl
bromide
on
a
specific
field
or
structure
may
subsequently
use
non­
critical
use
methyl
bromide
on
the
same
site
during
the
control
period,
excepting
methyl
bromide
used
under
the
quarantine
and
pre­
shipment
exemption.

(...)
No
person
who
uses
critical
use
methyl
bromide
on
a
specific
field
or
structure
may
concurrently
use
non­
critical
use
methyl
bromide
on
the
same
site
during
the
control
period,
excepting
methyl
bromide
used
under
the
quarantine
and
pre­
shipment
exemption.

(...)
No
person
shall
take
possession
of
quantities
of
critical
use
methyl
bromide
or
acquire
fumigation
services
using
quantities
of
critical
use
methyl
bromide
without
first
certifying
that
they
are
approved
critical
users
in
accordance
with
the
requirements
in
§
82.13.
Every
use
of
200
kilograms
of
critical
use
methyl
bromide
that
is
used
for
a
use
other
than
the
specified
critical
use
listed
in
Column
A
and
in
the
location
listed
in
Column
B
of
Appendix
L
to
this
subpart
constitutes
a
separate
violation
of
this
subpart.

*
*
*
*
*
4.
Section
82.8
is
revised
(
including
section
heading)
to
read
as
follows:

§
82.8
Grant
of
essential
use
allowances
and
critical
use
allowances.
(
a)
Effective
January
1,
1996,
persons
in
the
following
list
are
allocated
essential­
use
allowances
or
exemptions
for
quantities
of
a
specific
class
I
controlled
substance
for
a
specific
essential­
use
(
the
Administrator
reserves
the
right
to
revise
the
allocations
based
on
future
decisions
of
the
Parties).
TABLE
I
­
Essential
Use
Allowances
for
Calendar
Year
2004
Company
Chemical
Quantity
(
metric
tons)

(
I)
Metered
Dose
Inhalers
(
for
oral
inhalation)
for
Treatment
of
Asthma
and
Chronic
Obstructive
Pulmonary
Disease
Armstrong
Pharmaceuticals
CFC­
11
or
CFC­
12
or
CFC­
114
390.60
Aventis
Pharmaceutical
Products
CFC­
11
or
CFC­
12
or
CFC­
114
48.40
Boehringer
Ingelheim
Pharmaceuticals
CFC­
11
or
CFC­
12
or
CFC­
114
500.20
PLIVA
Inc.
CFC­
11
or
CFC­
12
or
CFC­
114
136.00
Schering­
Plough
Corporation
CFC­
11
or
CFC­
12
or
CFC­
114
918.00
3M
Pharmaceuticals
CFC­
11
or
CFC­
12
or
CFC­
114
84.71
(
ii)
Cleaning,
Bonding
and
Surface
Activation
Applications
for
the
Space
Shuttle
Rockets
and
Titan
Rockets
National
Aeronautics
and
Space
Administration
(
NASA)/
Thiokol
Rocket
Methyl
Chloroform
141.877
(
b)
A
global
exemption
for
class
I
controlled
substances
for
essential
laboratory
and
analytical
uses
shall
be
in
effect
through
December
31,
2005
subject
to
the
restrictions
in
Appendix
G
of
this
subpart,
and
subject
to
the
record­
keeping
and
reporting
requirements
at
§
82.13(
u)
through
(
x).
There
is
no
amount
specified
for
this
exemption.
(
c)
Effective
January
1,
2005,
critical
use
allowances
are
apportioned
as
set
forth
in
paragraph
(
c)(
1)
of
this
section
for
the
exempted
production
and
import
of
class
I,
Group
VI
controlled
substances
specifically
for
those
approved
critical
uses
listed
in
Appendix
L
to
this
subpart
for
the
applicable
control
period.
Every
kilogram
of
production
and
import
in
excess
of
the
total
number
and
type
of
unexpended
critical
use
allowances
held
for
a
particular
type
of
use
constitutes
a
separate
violation
of
this
subpart.
Effective
January
1,
2005,
critical
stock
allowances
are
issued
as
set
forth
in
paragraph(
c)(
2)
of
this
section
for
the
sale
of
class
I,
Group
VI
controlled
substances
from
available
inventory
produced
or
imported
before
the
January
1,
2005
phaseout
date
specifically
for
those
approved
critical
uses
listed
in
of
a
specific
number
are
apportioned
as
set
forth
in
paragraph
(
c)(
2)
of
this
section
for
sale
to
approved
critical
uses
listed
in
Appendix
L
to
this
subpart
for
the
applicable
control
period.
(
1)
Allocated
critical
use
allowances
granted
for
specified
control
period.

Company
2005
Critical
Use
Allowances
for
Pre­
Plant
Uses*
(
kilograms)
2005
Critical
Use
Allowances
for
Post­
Harvest
Uses*
(
kilograms)

Great
Lakes
Chemical
Corp.
5,087,792
346,817
Albemarle
Corp.
2,092,180
142,617
Ameribrom,
Inc.
1,155,764
78,784
TriCal,
Inc.
35,818
2,442
*
for
production
or
import
of
class
I,
Group
VI
controlled
substance
exclusively
for
the
Pre­
Plant
or
Post­
Harvest
uses
specified
in
Appendix
L
to
this
subpart.

(
2)
Allocated
critical
stock
allowances
granted
for
specified
control
period.
The
following
companies
are
allocated
critical
stock
allowances
for
2005
on
pro­
rata
basis
in
relation
to
the
stocks
held
by
each.

Company
Company
Ameribrom,
Inc.
Pest
Fog
Blair
Soil
Fumigation
Reddick
Fumigants
Cardinal
Professional
Products
Royster­
Clark
Ehrlich
Southern
State
Cooperative
Great
Lakes
Chemical
Corp
Trical
Inc.

Hendrix
&
Dail
Trident
Agricultural
Products
Helena
Chemical
Co.
UAP
Southeast
Hy
Yield
Bromine
Univar
Industrial
Fumigation
Company
Western
Fumigation
TOTAL
1,283,214
kilograms
5.
Section
82.12
is
amended
by:
revising
paragraph
(
a)(
1)
introductory
text,
(
a)(
1)(
i)(
H),
(
a)(
1)(
ii)
introductory
text,
and
(
a)(
1)(
iii)
and
by
adding
paragraph
(
e)
to
read
as
follows:

§
82.12
Transfers
of
allowances
for
class
I
controlled
substances.
(
a)
Inter­
company
transfers.
(
1)
Until
January
1,
1996,
for
all
class
I
controlled
substances,
except
for
Group
VI,
and
until
January
1,
2005,
for
Group
VI,
any
person
("
transferor")
may
transfer
to
any
other
person
("
transferee")
any
amount
of
the
transferor's
consumption
allowances
or
production
allowances,
and
effective
January
1,
1995,
for
all
class
I
controlled
substances
any
person
("
transferor")
may
transfer
to
any
other
person
("
transferee")
any
amount
of
the
transferor's
Article
5
allowances.
After
January
1,
2002,
any
essential­
use
allowance
holder
(
including
those
persons
that
hold
essential­
use
allowances
issued
by
a
Party
other
than
the
United
States)
("
transferor")
may
transfer
essential­
use
allowances
for
CFCs
to
a
metered
dose
inhaler
company
solely
for
the
manufacture
of
essential
MDIs.
After
January
1,
2005,
any
critical
use
allowance
holder
("
transferor")
may
transfer
critical
use
allowances
to
any
other
person
("
transferee").
After
January
1,
2005,
any
critical
stock
allowance
holder
("
transferor")
may
transfer
critical
stock
allowances
to
any
critical
stock
allowance
holder
or
any
methyl
bromide
producer,
importer,
distributer
or
third
party
applicator
("
transferee").
(
i)
*
*
*
(
H)
The
one
percent
offset
applied
to
the
unweighted
amount
traded
will
be
deducted
from
the
transferor's
production
or
consumption
allowance
balance
(
except
for
trades
from
transformers
and
destroyers
to
producers
or
importers
for
the
purpose
of
allowance
reimbursement).
In
the
case
of
transferring
essential
use
allowances,
the
amount
of
one
tenth
of
one
percent
of
the
amount
traded
will
be
deducted
from
the
transferor's
allowance
balance.
In
the
case
of
transferring
critical
use
allowances,
the
amount
of
one
tenth
of
one
percent
of
the
amount
traded
will
be
deducted
from
the
transferor's
critical
use
allowance
balance.
*
*
*
*
*
(
ii)
The
Administrator
will
determine
whether
the
records
maintained
by
EPA,
taking
into
account
any
previous
transfers
and
any
production,
allowable
imports
and
exports
of
controlled
substances
reported
by
the
transferor,
indicate
that
the
transferor
possesses,
as
of
the
date
the
transfer
claim
is
processed,
unexpended
allowances
sufficient
to
cover
the
transfer
claim
(
i.
e.,
the
amount
to
be
transferred
plus,
in
the
case
of
transferors
of
essential
use
allowances
and
critical
use
allowances,
one
tenth
of
one
percent
of
the
transferred
amount).
Within
three
working
days
of
receiving
a
complete
transfer
claim,
the
Administrator
will
take
action
to
notify
the
transferor
and
transferee
as
follows:
*
*
*
*
*
(
iii)
In
the
event
that
the
Administrator
does
not
respond
to
a
transfer
claim
within
the
three
working
days
specified
in
paragraph
(
a)(
1)(
ii)
of
this
section
the
transferor
and
transferee
may
proceed
with
the
transfer.
EPA
will
reduce
the
transferor's
balance
of
unexpended
allowances
by
the
amount
to
be
transferred
plus,
in
the
case
of
transfers
of
production
or
consumption
allowances,
one
percent
of
that
amount,
and
in
the
case
of
essential
use
allowances
and
critical
use
allowances,
one
tenth
of
one
percent
of
that
amount.
However
if
EPA
ultimately
finds
that
the
transferor
did
not
have
sufficient
unexpended
allowances
to
cover
the
claim,
the
transferor
and
transferee
will
be
held
liable
for
any
violations
of
the
regulations
of
this
subpart
that
occur
as
a
result
of,
or
in
conjunction
with,
the
improper
transfer.
*
*
*
*
*
(
e)
Exchange
of
Critical
Use
Allowances
for
Critical
Stock
Allowances.
(
1)
Critical
use
allowance
holders
may
petition
the
Administrator
to
exchange
a
quantity
of
their
unexpended
critical
use
allowances
for
an
equivalent
amount
of
critical
stock
allowances
provided
they
hold
this
equivalent
amount
of
class
I,
Group
VI
controlled
substance
that
was
produced
or
imported
in
a
prior
control
period
either
with
production
allowances
and
consumption
allowances
or
critical
use
allowances.
A
person
allocated
critical
stock
allowances
may
not
petition
to
exchange
unexpended
critical
stock
allowances
for
critical
use
allowances.
(
2)
[
Reserved]

6.
Section
82.13
is
amended
as
follows:
a)
By
revising
paragraphs
(
a),
(
f)(
3)(
iv)
and
(
g)(
4)(
vii).
b)
By
adding
paragraphs
(
f)(
2)(
xx)
through
(
f)(
2)(
xxi),
(
f)(
3)(
xvi),
(
g)(
1)(
xx)
through
(
g)(
1)(
xxi),
(
g)(
4)(
xviii),
and
(
bb)
through
(
dd).

§
82.13
Recordkeeping
and
reporting
requirements
for
class
I
controlled
substances.
(
a)
Unless
otherwise
specified,
the
recordkeeping
and
reporting
requirements
set
forth
in
this
section
take
effect
on
January
1,
1995.
For
class
I,
Group
VIII
controlled
substances,
the
recordkeeping
and
reporting
requirements
set
forth
in
this
section
take
effect
on
August
18,
2003.
For
class
I,
Group
VI
critical
use
methyl
bromide,
the
recordkeeping
and
reporting
requirements
set
forth
in
this
section
take
effect
January
1,
2005.
(
f)
*
*
*
(
2)
*
*
*
(
xx)
For
class
I,
Group
VI
controlled
substances,
dated
records
such
as
invoices
and
order
forms,
and
a
log
of
the
quantity
of
controlled
substances
produced
for
critical
use,
specifying
quantities
dedicated
for
pre­
plant
use
and
quantities
dedicated
for
post­
harvest
use,
and
the
quantity
sold
for
critical
use,
specifying
quantities
dedicated
for
pre­
plant
use
and
quantities
dedicated
for
post­
harvest
use
and;
(
xxi)
Written
certifications
that
quantities
of
class
I,
Group
VI
controlled
substances
produced
for
critical
use
were
purchased
by
distributors,
applicators,
or
end
users
to
be
used
or
sold
only
for
critical
use
in
accordance
with
the
definitions
and
prohibitions
in
this
subpart.
Certifications
must
be
maintained
by
the
producer
for
a
minimum
of
three
years.
(
3)
*
*
*
(
iv)
The
producer's
total
of
expended
and
unexpended
production
allowances,
consumption
allowances,
Article
5
allowances,
critical
use
allowances
(
pre­
plant),
critical
use
allowances
(
post­
harvest),
critical
stock
allowances,
and
amount
of
essential­
use
allowances
and
destruction
and
transformation
credits
conferred
at
the
end
of
that
quarter;
*
*
*
*
*
(
xvi)
For
critical
uses
of
class
I,
Group
VI
controlled
substances,
producers
shall
report
annually
the
amount
of
critical
use
methyl
bromide
owned
by
the
reporting
entity,
specifying
quantities
dedicated
for
pre­
plant
use
and
quantities
dedicated
for
post­
harvest
use,
as
well
as
quantities
held
by
the
reporting
entity
on
behalf
of
another
entity,
specifying
quantities
dedicated
for
pre­
plant
use
and
quantities
dedicated
for
post­
harvest
use
along
with
the
name
of
the
entity
on
whose
behalf
the
material
is
held.
(
g)
*
*
*
(
1)
*
*
*
(
xx)
For
class
I,
Group
VI
controlled
substances,
dated
records
such
as
invoices
and
order
forms,
of
the
quantity
of
controlled
substances
imported
for
critical
use,
specifying
quantities
dedicated
for
pre­
plant
use
and
quantities
dedicated
for
post­
harvest
use,
and
the
quantity
sold
for
critical
use,
specifying
quantities
dedicated
for
pre­
plant
use
and
quantities
dedicated
for
postharvest
use,
and;
(
xxi)
Written
certifications
that
quantities
of
class
I,
Group
VI
controlled
substances
imported
for
critical
use
were
purchased
by
distributors,
applicators,
or
end
users
to
be
used
or
sold
only
for
critical
use
in
accordance
with
the
definitions
and
prohibitions
in
this
subpart.
Certifications
must
be
maintained
by
an
importer
for
a
minimum
of
three
years.
(
4)
*
*
*
(
vii)
The
importer's
total
sum
of
expended
and
unexpended
consumption
allowances
by
chemical
as
of
the
end
of
that
quarter
and
the
total
sum
of
expended
and
unexpended
critical
use
allowances
(
pre­
plant)
and
unexpended
critical
use
allowances
(
post­
harvest)
and
critical
stock
allowances;
*
*
*
*
*
(
xviii)
For
critical
uses
of
class
I,
Group
VI
controlled
substances,
importers
shall
report
annually
the
amount
of
critical
use
methyl
bromide
owned
by
the
reporting
entity,
specifying
quantities
dedicated
for
pre­
plant
use
and
quantities
dedicated
for
post­
harvest
use,
as
well
as
quantities
held
by
the
reporting
entity
on
behalf
of
another
entity,
specifying
quantities
dedicated
for
pre­
plant
use
and
quantities
dedicated
for
post­
harvest
use
along
with
the
name
of
the
entity
on
whose
behalf
the
material
is
held.
*
*
*
*
*
(
bb)
Every
distributor
of
methyl
bromide
(
class
I,
Group
VI
controlled
substances)
who
purchases
or
receives
a
quantity
of
critical
use
methyl
bromide
must
comply
with
recordkeeping
and
reporting
requirements
specified
in
this
paragraph.
(
1)
Recordkeeping
 
Every
distributor
of
critical
use
methyl
bromide
must
certify
to
the
producer
or
importer
or
other
entity
from
which
they
are
acquiring
quantities
of
critical
use
methyl
bromide
that
such
quantities
received
will
be
sold
or
used
only
for
approved
critical
use(
s)
in
accordance
with
the
definitions
and
prohibitions
in
this
subpart.
(
i)
Every
distributor
of
a
quantity
of
critical
use
methyl
bromide
must
receive
from
an
applicator,
or
any
other
entity
to
whom
they
sell
critical
use
methyl
bromide,
a
certification
of
the
quantity
of
critical
use
methyl
bromide
ordered,
prior
to
delivery
of
the
quantity,
stating
that
the
quantity
will
be
sold
or
used
only
for
approved
critical
uses
in
accordance
with
definitions
and
prohibitions
in
this
subpart.
(
ii)
Every
distributor
of
methyl
bromide
who
receives
a
certification
from
an
applicator
or
any
other
entity
to
which
they
sell
critical
use
methyl
bromide
must
maintain
the
certifications
as
records
for
3
years.
(
iii)
Every
distributor
of
a
quantity
of
critical
use
methyl
bromide
must
maintain
invoice
and
order
records
related
to
the
sale
of
such
material
for
3
years.
(
2)
Reporting
 
Every
distributor
of
critical
use
methyl
bromide
must
report
to
the
Administrator
annually,
the
following
items:
(
i)
For
critical
uses
of
class
I,
Group
VI
controlled
substances,
an
annual
list
of
the
amount
of
critical
use
methyl
bromide
bought
and;
(
ii)
For
critical
uses
of
class
I,
Group
VI
controlled
substances,
an
annual
list
of
the
amount
of
critical
use
methyl
bromide
sold
for
each
specified
critical
use
in
Appendix
L
of
this
subpart,
and;
(
iii)
For
critical
uses
of
class
I,
Group
VI
controlled
substances,
report
the
amount
of
critical
use
methyl
bromide
owned
by
the
reporting
entity,
specifying
quantities
dedicated
for
preplant
use
and
quantities
dedicated
for
post­
harvest
use,
as
well
as
quantities
held
by
the
reporting
entity
on
behalf
of
another
entity,
specifying
quantities
dedicated
for
pre­
plant
use
and
quantities
dedicated
for
post­
harvest
use,
along
with
the
name
of
the
entity
on
whose
behalf
the
material
is
held,
and;
(
iv)
The
number
of
unexpended
critical
stock
allowances.
(
cc)
Every
third
party
applicator
of
methyl
bromide
(
class
I,
Group
VI
controlled
substances)
that
purchases
or
receives
critical
use
methyl
bromide
must
comply
with
recordkeeping
and
reporting
requirements
specified
in
this
paragraph.
(
1)
Recordkeeping
 
Every
third
party
applicator
of
critical
use
methyl
bromide
must
certify
to
the
producer
or
importer
or
other
entity
from
which
they
are
acquiring
quantities
of
critical
use
methyl
bromide
that
such
quantities
received
will
be
sold
or
used
only
for
approved
critical
use(
s)
in
accordance
with
the
definitions
and
prohibitions
in
this
subpart.
(
i)
Every
third
party
applicator
of
a
quantity
of
critical
use
methyl
bromide
must
receive
from
any
entity
to
whom
they
sell
critical
use
methyl
bromide,
a
certification
of
the
quantity
of
critical
use
methyl
bromide
ordered,
prior
to
delivery
of
the
quantity,
stating
that
the
quantity
will
be
sold
or
used
only
for
approved
critical
uses
in
accordance
with
definitions
and
prohibitions
in
this
subpart.
(
ii)
Every
third
party
applicator
of
methyl
bromide
who
receives
a
certification
from
an
entity
to
which
they
sell
critical
use
methyl
bromide
must
maintain
the
certifications
as
records
for
3
years.
(
iii)
Every
third
party
applicator
of
a
quantity
of
critical
use
methyl
bromide
must
maintain
invoice
and
order
records
related
to
the
sale
of
such
material
for
3
years.
(
2)
Reporting
 
Every
third
party
applicator
of
critical
use
methyl
bromide
must
report
to
the
Administrator
annually,
the
following
items:
(
i)
For
critical
uses
of
class
I,
Group
VI
controlled
substances,
an
annual
list
of
the
amount
of
critical
use
methyl
bromide
bought
and;
(
ii)
For
critical
uses
of
class
I,
Group
VI
controlled
substances,
an
annual
list
of
the
amount
of
critical
use
methyl
bromide
sold
for
each
specified
critical
use
in
Appendix
L
of
this
subpart,
and;
(
iii)
For
critical
uses
of
class
I,
Group
VI
controlled
substances,
report
annually
the
amount
of
critical
use
methyl
bromide
owned
by
the
reporting
entity,
specifying
quantities
dedicated
for
pre­
plant
use
and
quantities
dedicated
for
post­
harvest
use,
as
well
as
quantities
held
by
the
reporting
entity
on
behalf
of
another
entity,
specifying
quantities
dedicated
for
pre­
plant
use
and
quantities
dedicated
for
post­
harvest
use,
along
with
the
name
of
the
entity
on
whose
behalf
the
material
is
held,
and;
(
iv)
The
number
of
unexpended
critical
stock
allowances.
(
dd)
Every
approved
critical
user
purchasing
an
amount
of
critical
use
methyl
bromide
or
purchasing
fumigation
services
with
critical
use
methyl
bromide
must,
for
each
request,
certify
knowledge
of
the
requirements
associated
with
the
exemption
for
critical
use
in
this
subpart
and
provide
such
information
that
identifies
the
use
as
a
critical
use
and
the
user
as
an
approved
critical
user.
The
approved
critical
user
certification
will
state,
in
part:
"
I
certify,
under
penalty
of
law,
I
am
an
approved
critical
user
and
that
I
will
use
this
quantity
of
methyl
bromide
for
an
approved
critical
use.
My
action
conforms
to
the
requirements
associated
with
the
critical
use
exemption
published
in
40
CFR
part
82.
I
am
aware
that
any
agricultural
commodity
within
a
treatment
chamber,
facility,
or
field
I
fumigate
with
critical
use
methyl
bromide
can
not
subsequently
be
fumigated
with
non­
critical
use
methyl
bromide
or
concurrently
be
fumigated
with
non­
critical
use
methyl
bromide
during
the
same
control
period,
excepting
a
QPS
treatment."
The
certification
will
also
indicate
the
type
of
critical
use
methyl
bromide
purchased,
the
location
of
the
treatment,
the
crop
or
commodity
treated,
the
quantity
of
critical
use
methyl
bromide
purchased,
the
acreage/
square
footage
treated
and
will
be
signed
and
dated
by
the
approved
critical
user.

7.
Add
to
this
subpart
Appendix
L
that
reads
as
follows:

APPENDIX
L
TO
PART
82
SUBPART
A
 
APPROVED
CRITICAL
USES,
AND
LIMITING
CRITICAL
CONDITIONS
FOR
THOSE
USES
FOR
THE
2005
CONTROL
PERIOD
Column
A
Column
B
Column
C
Approved
Critical
Uses
End
User
and
Location
of
Use
Limiting
Critical
Conditions
PRE­
PLANT
USES
Cucurbits
(
a)
Michigan
growers
with
a
reasonable
expectation
that
moderate
to
severe
fungal
pathogen
infestation
already
either
exists
or
could
occur
without
methyl
bromide
fumigation
(
b)
Alabama,
Arkansas,
Georgia,
North
Carolina,
South
Carolina,
Tennessee,
and
Virginia
growers
with
a
reasonable
expectation
that
moderate
to
severe
yellow
or
purple
nutsedge
infestation
already
either
exists
or
could
occur
without
methyl
bromide
fumigation
Eggplant
(
a)
Georgia
growers
with
a
reasonable
expectation
that
one
or
more
of
the
following
limiting
critical
conditions
either
already
exist
or
could
occur
without
methyl
bromide
fumigation:
moderate
to
severe
yellow
or
purple
nutsedge
infestation,
moderate
to
severe
nematode
infestation,
or
moderate
to
severe
fungal
pathogen
infestation
(
b)
Florida
growers
with
a
reasonable
expectation
that
one
or
more
of
the
following
limiting
critical
conditions
either
already
exist
or
could
occur
without
methyl
bromide
fumigation:
moderate
to
severe
yellow
or
purple
nutsedge
infestation
,
or
moderate
to
severe
nematode
infestation
,
or
moderate
to
severe
fungal
pathogen
infestation
,
or
karst
topography
Forest
Seedlings
(
a)
Members
of
the
Southern
Forest
Nursery
Management
Cooperative
limited
to
growing
locations
in
Alabama,
Arkansas,
Florida,
Georgia,
Louisiana,
Mississippi,
North
Carolina,
Oklahoma,
South
Carolina,
Tennessee,
Texas,
and
Virginia
with
a
reasonable
expectation
that
one
or
more
of
the
following
limiting
critical
conditions
already
either
exist
or
could
occur
without
methyl
bromide
fumigation:
moderate
to
severe
fungal
pathogen
infestation,
moderate
to
severe
yellow
or
purple
nutsedge
infestation,
or
moderate
to
severe
disease
infestation.

(
b)
International
Paper
and
its
subsidiaries
limited
to
growing
locations
in
Arkansas,
Alabama,
Georgia,
South
Carolina
and,
Texas
with
a
reasonable
expectation
that
one
or
more
of
the
following
limiting
critical
conditions
already
either
exist
or
could
occur
without
methyl
bromide
fumigation:
moderate
to
severe
fungal
pathogen
infestation,
moderate
to
severe
yellow
or
purple
nutsedge
infestation,
or
moderate
to
severe
disease
infestation.

(
c)
Weyerhaeuser
Company
and
its
subsidiaries
limited
to
growing
locations
in
Alabama,
Arkansas,
North
Carolina,
South
Carolina,
Oregon,
and
Washington
with
a
reasonable
expectation
that
one
or
more
of
the
following
limiting
critical
conditions
already
either
exist
or
could
occur
without
methyl
bromide
fumigation:
moderate
to
severe
fungal
pathogen
infestation,
moderate
to
severe
yellow
or
purple
nutsedge
infestation,
or
moderate
to
severe
disease
infestation.

(
d)
Public
(
government
owned)
seedling
nurseries
in
the
states
of
California,
Idaho,
Illinois,
Indiana,
Kansas,
Kentucky,
Maryland,
Missouri,
Nebraska,
New
Jersey,
Ohio,
Oregon,
Pennsylvania,
Utah,
Washington,
West
Virginia
and,
Wisconsin
with
a
reasonable
expectation
that
one
or
more
of
the
following
limiting
critical
conditions
already
either
exist
or
could
occur
without
methyl
bromide
fumigation:
moderate
to
severe
fungal
pathogen
infestation,
moderate
to
severe
yellow
or
purple
nutsedge
infestation,
or
moderate
to
severe
disease
infestation.
(
e)
Members
of
the
Nursery
Technology
Cooperative
limited
to
growing
locations
in
Oregon
and
Washington
with
a
reasonable
expectation
that
one
or
more
of
the
following
limiting
critical
conditions
already
either
exist
or
could
occur
without
methyl
bromide
fumigation:
moderate
to
severe
fungal
pathogen
infestation,
moderate
to
severe
yellow
or
purple
nutsedge
infestation,
or
moderate
to
severe
disease
infestation.

(
f)
Michigan
seedling
nurseries
with
a
reasonable
expectation
that
one
or
more
of
the
following
limiting
critical
conditions
already
exist
or
could
occur
without
methyl
bromide
fumigation:
moderate
to
severe
fungal
pathogen
infestation,
moderate
to
severe
yellow
or
purple
nutsedge
infestation,
or
moderate
to
severe
disease
infestation.

Ginger
Hawaii
growers
with
a
reasonable
expectation
that
the
limiting
critical
condition
already
either
exists
or
could
occur
without
methyl
bromide
fumigation
of
moderate
to
severe
nematode
infestation
,
or
moderate
to
severe
bacterial
wilt
infestation
Orchard
Nursery
Seedlings
(
a)
Members
of
the
Western
Raspberry
Nursery
Consortium
limited
to
growing
locations
in
California
and
Washington
(
Driscoll's
raspberries
and
their
contract
growers
in
California
and
Washington)
with
a
reasonable
expectation
that
one
or
more
of
the
following
limiting
critical
conditions
already
either
exists
or
could
occur
without
methyl
bromide
fumigation:
moderate
to
severe
nematode
infestation,
medium
to
heavy
clay
soils,
or
a
prohibition
of
on
the
use
of
1,3­
dichloropropene
products
due
to
reaching
local
township
limits
on
the
use
of
this
alternative
(
b)
Members
of
the
California
Association
of
Nurserymen­
Deciduous
Fruit
and
Nut
Tree
Growers
with
a
reasonable
expectation
that
one
or
more
of
the
following
limiting
critical
conditions
already
either
exists
or
could
occur
without
methyl
bromide
fumigation:
moderate
to
severe
nematode
infestation,
medium
to
heavy
clay
soils,
or
a
prohibition
of
on
the
use
of
1,3­
dichloropropene
products
due
to
reaching
local
township
limits
on
the
use
of
this
alternative
(
c)
Members
of
the
California
Association
of
Nurserymen­
Citrus
and
Avocado
Growers
with
a
reasonable
expectation
that
one
or
more
of
the
following
limiting
critical
conditions
already
either
exists
or
could
occur
without
methyl
bromide
fumigation:
moderate
to
severe
nematode
infestation,
medium
to
heavy
clay
soils,
or
a
prohibition
of
on
the
use
of
1,3­
dichloropropene
products
due
to
reaching
local
township
limits
on
the
use
of
this
alternative
Orchard
Replant
(
a)
California
stone
fruit
growers
with
a
reasonable
expectation
that
one
or
more
of
the
following
limiting
critical
conditions
already
either
exists
or
could
occur
without
methyl
bromide
fumigation:
replanted
(
non­
virgin)
orchard
soils
to
prevent
orchard
replant
disease,
or
medium
to
heavy
soils,
or
a
prohibition
on
the
use
of
1,3­
dichloropropene
products
because
local
township
limits
for
this
alternative
have
been
reached.
(
b)
California
table
and
raisin
grape
growers
with
a
reasonable
expectation
that
one
or
more
of
the
following
limiting
critical
conditions
already
either
exists
or
could
occur
without
methyl
bromide
fumigation:
replanted
(
non­
virgin)
orchard
soils
to
prevent
orchard
replant
disease,
or
medium
to
heavy
soils,
or
a
prohibition
on
the
use
of
1,3­
dichloropropene
products
because
local
township
limits
for
this
alternative
have
been
reached.

(
c)
California
walnut
growers
with
a
reasonable
expectation
that
one
or
more
of
the
following
limiting
critical
conditions
already
either
exists
or
could
occur
without
methyl
bromide
fumigation:
replanted
(
non­
virgin)
orchard
soils
to
prevent
orchard
replant
disease,
or
medium
to
heavy
soils,
or
a
prohibition
on
the
use
of
1,3­
dichloropropene
products
because
local
township
limits
for
this
alternative
have
been
reached.

(
d)
California
almond
growers
with
a
reasonable
expectation
that
one
or
more
of
the
following
limiting
critical
conditions
already
either
exists
or
could
occur
without
methyl
bromide
fumigation:
replanted
(
non­
virgin)
orchard
soils
to
prevent
orchard
replant
disease,
or
medium
to
heavy
soils,
or
a
prohibition
on
the
use
of
1,3­
dichloropropene
products
because
local
township
limits
for
this
alternative
have
been
reached.

Ornamentals
(
a)
Yoder
Brothers
Inc.
in
Florida
for
use
in
all
chrysanthemum
production
(
b)
California
rose
nurseries
with
a
reasonable
expectation
that
the
user
may
be
prohibited
from
using
1,3­
dichloropropene
products
because
local
township
limits
for
this
alternative
have
been
reached
Peppers
(
a)
California
growers
with
a
reasonable
expectation
that
one
or
more
of
the
following
limiting
critical
conditions
already
either
exists
or
could
occur
without
methyl
bromide
fumigation:
moderate
to
severe
fungal
pathogens,
or
moderate
to
sever
disease
infestation,
or
moderate
to
sever
nematode
infestation,
or
moderate
to
severe
yellow
or
purple
nutsedge
infestation,
or
a
prohibition
on
the
use
of
1,3­
dichloropropene
products
because
local
township
limits
for
this
alternative
have
been
reached
(
b)
Alabama,
Arkansas,
Georgia,
North
Carolina,
South
Carolina,
Tennessee
and
Virginia
growers
with
a
reasonable
expectation
that
one
or
more
of
the
following
limiting
critical
conditions
already
either
exists
or
could
occur
without
methyl
bromide
fumigation:
moderate
to
severe
yellow
or
purple
nutsedge
infestation,
or
the
presence
of
an
occupied
structure
within
76
meters
of
a
grower's
field
the
size
of
100
acres
or
less
(
c)
Florida
growers
with
a
reasonable
expectation
that
one
or
more
of
the
following
limiting
critical
conditions
already
either
exists
or
could
occur
without
methyl
bromide
fumigation:
moderate
to
severe
yellow
or
purple
nutsedge
infestation,
or
karst
topography
Strawberry
Nurseries
(
a)
California
growers
with
a
reasonable
expectation
that
one
or
more
of
the
following
limiting
critical
conditions
already
either
exists
or
could
occur
without
methyl
bromide
fumigation:
moderate
to
severe
black
root
rot
or
crown
rot,
moderate
to
severe
nematode
infestation,
or
moderate
to
severe
yellow
or
purple
nutsedge
infestation
(
b)
North
Carolina
and
Tennessee
growers
with
a
reasonable
expectation
that
the
use
will
occur
in
the
presence
of
an
occupied
structure
within
76
meters
of
a
grower's
field
the
size
of
100
acres
or
less
Strawberry
Fruit
(
a)
California
growers
with
a
reasonable
expectation
that
one
or
more
of
the
following
limiting
critical
conditions
already
either
exists
or
could
occur
without
methyl
bromide
fumigation:
moderate
to
severe
black
root
rot
or
crown
rot,
moderate
to
severe
nematode
infestation,
moderate
to
severe
yellow
or
purple
nutsedge
infestation,
a
prohibition
of
the
use
of
1,3­
dichloropropene
products
because
local
township
limits
for
this
alternative
have
been
reached,
time
to
transition
to
an
alternative
(
b)
Florida
growers
with
a
reasonable
expectation
that
one
or
more
of
the
following
limiting
critical
conditions
already
either
exists
or
could
occur
without
methyl
bromide
fumigation:
moderate
to
severe
yellow
or
purple
nutsedge,
or
karst
topography
(
c)
Alabama,
Arkansas,
Georgia,
North
Carolina,
South
Carolina,
Tennessee,
Virginia,
Ohio
and,
New
Jersey
growers
with
a
reasonable
expectation
that
one
or
more
of
the
following
limiting
critical
conditions
already
either
exists
or
could
occur
without
methyl
bromide
fumigation:
moderate
to
severe
yellow
or
purple
nutsedge,
or
the
presence
of
an
occupied
structure
within
76
meters
of
a
grower's
field
the
size
of
100
acres
or
less
Sweet
Potatoes
California
growers
with
a
reasonable
expectation
that
the
user
may
be
prohibited
from
using
1,3­
dichloropropene
products
because
local
township
limits
for
this
alternative
have
been
reached
Tomatoes
(
a)
Michigan
growers
with
a
reasonable
expectation
that
one
or
more
of
the
following
limiting
critical
conditions
already
either
exists
or
could
occur
without
methyl
bromide
fumigation:
moderate
to
severe
disease
infestation,
fungal
pathogens
infestation
(
b)
Alabama,
Arkansas,
Georgia,
North
Carolina,
South
Carolina,
Tennessee
and
Virginia
growers
with
a
reasonable
expectation
that
one
or
more
of
the
following
limiting
critical
conditions
already
either
exists
or
could
occur
without
methyl
bromide
fumigation:
moderate
to
severe
yellow
or
purple
nutsedge
infestation,
or
the
presence
of
an
occupied
structure
within
76
meters
of
a
grower's
field
the
size
of
100
acres
or
less
(
c)
Florida
growers
with
a
reasonable
expectation
that
one
or
more
of
the
following
limiting
critical
conditions
already
either
exists
or
could
occur
without
methyl
bromide
fumigation:
moderate
to
severe
yellow
or
purple
nutsedge
infestation,
or
karst
topography
Turfgrass
(
a)
U.
S.
turfgrass
sod
nursery
producers
for
the
production
of
industry
certified
pure
sod
(
b)
U.
S.
golf
courses
for
establishing
sod
in
the
construction
of
new
golf
courses
or
the
renovation
of
putting
greens,
tees,
and
fairways
POST­
HARVEST
USES
Food
Processing
(
a)
Rice
millers
in
Arkansas,
California
Louisiana,
Florida,
Missouri,
and
Mississippi
with
a
reasonable
expectation
that
one
or
more
of
the
following
limiting
critical
conditions
exists:
older
structures
that
can
not
be
properly
sealed
to
use
an
alternative
to
methyl
bromide,
or
the
presence
of
sensitive
electronic
equipment
subject
to
corrosivity,
time
to
transition
to
an
alternative
(
b)
Pet
food
manufacturing
facilities
in
the
U.
S.
with
a
reasonable
expectation
that
one
or
more
of
the
following
limiting
critical
conditions
exists:
older
structures
that
can
not
be
properly
sealed
to
use
an
alternative
to
methyl
bromide,
or
the
presence
of
sensitive
electronic
equipment
subject
to
corrosivity,
time
to
transition
to
an
alternative
(
c)
Kraft
Foods
in
the
U.
S.
with
a
reasonable
expectation
that
one
or
more
of
the
following
limiting
critical
conditions
exists:
older
structures
that
can
not
be
properly
sealed
to
use
an
alternative
to
methyl
bromide,
or
the
presence
of
sensitive
electronic
equipment
subject
to
corrosivity,
time
to
transition
to
an
alternative
(
d)
Members
of
the
North
American
Millers'
Association
in
the
U.
S.
with
a
reasonable
expectation
that
one
or
more
of
the
following
limiting
critical
conditions
already
exists
or
could
occur
without
methyl
bromide
fumigation:
older
structures
that
can
not
be
properly
sealed
to
use
an
alternative
to
methyl
bromide,
or
the
presence
of
sensitive
electronic
equipment
subject
to
corrosivity,
time
to
transition
to
an
alternative
Commodity
Storage
(
a)
Gwaltney
of
Smithfield
in
the
U.
S.
for
smokehouse
ham
curing
facilities
owned
by
the
company
(
b)
California
entities
storing
walnuts,
beans,
dried
plums,
and
pistachios
in
California
with
a
reasonable
expectation
that
one
or
more
of
the
following
limiting
critical
conditions
exists:
rapid
fumigation
is
required
to
meet
a
critical
market
window,
such
as
during
the
holiday
season,
rapid
fumigation
is
required
when
a
buyer
provides
short
(
2
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
