  SEQ CHAPTER \h \r 1 CERTIFIED MAIL

RETURN RECEIPT REQUESTED  tc "RETURN RECEIPT REQUESTED " \l 2 

<<_AFTER_ :>>" \l 1033 \e "To Whom It May Concern:"  Dear: 

	This letter is to confirm EPA’s intention to treat the aggregate of
the methyl bromide stockpile information reported to the Agency for
calendar year 2006 in the same manner as similar aggregates calculated
from information reported for the years 2003, 2004, and 2005.  Under EPA
regulations at 40 CFR 2.204(d)(2), the aggregate of the methyl bromide
stockpile information for calendar year 2006 reported to the Agency
under the requirements at 40 CFR 82.13 is clearly not eligible for
confidential treatment.  EPA plans to release this information publicly.

	The Montreal Protocol on Substances that Deplete the Ozone Layer
(“Protocol”) calls for the phaseout of methyl bromide, a fumigant,
as of January 1, 2005, but allows for exemptions to the phaseout for
authorized critical uses.  Similarly, section 604(d)(6) of the Clean Air
Act requires a methyl bromide phaseout but authorizes EPA to create
exemptions for critical uses, to the extent they are consistent with the
Protocol. EPA’s implementing regulations appear at 40 CFR Part 82,
Subpart A.  Methyl bromide producers, importers, distributors, and
applicators reported 2006 stockpile data pursuant to a rule published on
December 13, 2005 (70 FR 73604) that amended methyl bromide reporting
requirements at 40 CFR 82.13 in a manner that enabled EPA to calculate
the aggregate stockpile for each calendar year.

	This decision is based upon past practice, including the release of
similar data on September 7, 2006 for the years 2003, 2004 and 2005, as
well as a previous legal determination by EPA’s Office of General
Counsel on August 26, 2004 that methyl bromide stockpile information
aggregated from five businesses was not entitled to confidential
treatment and that individual entities’ information could not be
deduced from that aggregate.  Additionally, the decision that the
information is not entitled to confidential treatment is based on the
even greater difficulty (due to the number of submitters) of
ascertaining the size of any individual entity's methyl bromide
stockpile from the information submitted under the reporting
requirements at 40 CFR 82.13, as aggregated by the Agency.

	

	Pursuant to EPA’s regulations at 40 CFR 2.204(d)(2) and 2.205(f),
this notification constitutes the final EPA determination concerning
your business confidentiality claim.  This determination may be subject
to judicial review under 5 U.S.C. §§ 701 et seq.  Please be aware that
EPA will release the size of the aggregate methyl bromide inventory to
the public on the tenth working day after your receipt of this letter
unless the EPA Office of General Counsel has first been notified that
your company has commenced an action in Federal court to: (1) obtain
judicial review of this determination; and (2) obtain preliminary
injunctive relief against disclosure.  If such an action is commenced,
EPA may still make the information publicly available once the court has
denied a motion for a preliminary injunction or otherwise upheld this
determination.  In addition, EPA may make this information available to
the public, after reasonable notice to you, whenever it appears to the
Agency that you are not taking appropriate measures to obtain a speedy
resolution of the action.  If the aggregate stockpile information is
found to be temporarily entitled to confidential treatment, however, EPA
will not make the information publicly available until after that period
ends.

	Should you have any questions concerning this matter, please call Aaron
Levy of my staff at (202) 343-9215.

	Sincerely,

					

					Ross Brennan, Chief

					Stratospheric Program Implementation Branch

					Stratospheric Protection Division

					Office of Atmospheric Programs

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