# PART 3 - RECORDKEEPING AND REPORTING INSTRUCTIONS FOR METHYL BROMIDE {#part-3---recordkeeping-and-reporting-instructions-for-methyl-bromide .unnumbered}

[3.1. INTRODUCTION 1](#introduction)

[3.2. PRODUCERS OF METHYL BROMIDE 3](#producers-of-methyl-bromide)

[3.2.1. Recordkeeping Requirements 3](#recordkeeping-requirements)

[3.2.2. Reporting Requirements 4](#reporting-requirements)

[3.2.3. Form Instructions: Producer Quarterly Report (Form 2179.01-P-MB)
5](#form-instructions-producer-quarterly-report-form-2179.01-p-mb)

[3.3. IMPORTERS OF METHYL BROMIDE 8](#importers-of-methyl-bromide)

[3.3.1. Recordkeeping Requirements 8](#recordkeeping-requirements-1)

[3.3.2. Reporting Requirements 9](#reporting-requirements-1)

[3.3.3. Form Instructions: Importer Quarterly Report (Form 2179.01-I-MB)
10](#form-instructions-importer-quarterly-report-form-2179.01-i-mb)

[3.4. EXPORTERS OF METHYL BROMIDE 14](#exporters-of-methyl-bromide)

[3.4.1. Recordkeeping Requirements 14](#recordkeeping-requirements-2)

[3.4.2. Reporting Requirements 14](#reporting-requirements-2)

[3.4.3. Form Instructions: Exporter Quarterly Report (Form 2179.01-E-MB)
14](#form-instructions-exporter-quarterly-report-form-2179.01-e-mb)

[3.5. DISTRIBUTORS AND THIRD PARTY APPLICATORS OF CRITICAL USE METHYL
BROMIDE
18](#distributors-and-third-party-applicators-of-critical-use-methyl-bromide)

[3.5.1. Recordkeeping Requirements 18](#recordkeeping-requirements-3)

[3.5.2. Reporting Requirements 18](#reporting-requirements-3)

[3.5.3. Form Instructions: Critical Use MeBr Distributor/ Third Party
Applicator Report (Form 2179.01-TD-MB)
18](#form-instructions-critical-use-mebr-distributor-third-party-applicator-report-form-2179.01-td-mb)

[3.6. CERTIFICATION OF CRITICAL USE METHYL BROMIDE ORDER/ PURCHASE
20](#certification-of-critical-use-methyl-bromide-order-purchase)

[3.6.1. Recordkeeping Requirements 20](#recordkeeping-requirements-4)

[3.6.2. Reporting Requirements 20](#reporting-requirements-4)

[3.7. NOTIFICATION OF METHYL BROMIDE TRANSFERS
21](#notification-of-methyl-bromide-transfers)

[3.7.1. Recordkeeping Requirements 21](#recordkeeping-requirements-5)

[3.7.2. Form Instructions: Notification of MeBr Transfers (Form
2179.01-T-MB)
21](#form-instructions-notification-of-mebr-transfers-form-2179.01-t-mb)

[3.8. USED METHYL BROMIDE - PETITION TO IMPORT
23](#used-methyl-bromide---petition-to-import)

[3.8.1. Petition Information Requirements
23](#petition-information-requirements)

[3.8.2. Recordkeeping Requirements 23](#recordkeeping-requirements-6)

[3.9. DISTRIBUTORS OF QPS METHYL BROMIDE
24](#distributors-of-qps-methyl-bromide)

[3.9.1. Recordkeeping Requirements 24](#recordkeeping-requirements-7)

[3.9.2. Reporting Requirements 24](#reporting-requirements-5)

[3.9.3. Form Instructions -- Distributor of QPS Methyl Bromide Quarterly
Report (Form 1432.22-D-MB)
24](#form-instructions-distributor-of-qps-methyl-bromide-quarterly-report-form-1432.22-d-mb)

[3.10. CERTIFICATION OF QPS METHYL BROMIDE ORDER/ PURCHASE
26](#certification-of-qps-methyl-bromide-order-purchase)

[3.10.1. Recordkeeping Requirements 26](#recordkeeping-requirements-8)

[3.10.2. Reporting Requirements 26](#reporting-requirements-6)

[3.10.3. Form Instructions -- Certification of Order/Purchase of QPS
Methyl Bromide (Form 1432.22-C-MB)
27](#form-instructions-certification-of-orderpurchase-of-qps-methyl-bromide-form-1432.22-c-mb)

#  {#section .unnumbered}

# PART 3 - RECORDKEEPING AND REPORTING INSTRUCTIONS FOR METHYL BROMIDE {#part-3---recordkeeping-and-reporting-instructions-for-methyl-bromide-1 .unnumbered}

## INTRODUCTION

Part 3 of this guidance document outlines industry recordkeeping and
reporting requirements for methyl bromide (MeBr) in the Stratospheric
Ozone Protection Program. This guidance document has been updated to
reflect regulation changes published in the Federal Register on December
23, 2004 "Process for Exempting Critical Uses From the Phaseout of
Methyl Bromide."

Producers, importers, exporters, distributors, third party applicators,
critical and emergency use holders and allowance transferors that deal
in methyl bromide are required to report periodically on a company-wide
basis to EPA and to maintain records. Reports must be sent to the
Administrator within 45 days after the end of the applicable reporting
period, unless otherwise specified. Records and copies of reports must
be retained for three years. Quantities of methyl bromide should be
reported in kilograms. Please refer to 40 CFR §82.13 ("Recordkeeping and
reporting requirements for class I controlled substances") for a
description of these general recordkeeping and reporting requirements. A
control period calendar is provided in Appendix D.

The following listed methyl bromide reporting forms are *recommended
formats* for providing the required information to EPA.[^1] Companies
may, however, provide the same information in another format if desired.

+-----------------------------+---------------+--------+--------------+
| **Title**                   | **EPA Form**  | **Nu   | **CFR**      |
|                             |               | mber** |              |
|                             | **Number**    |        | **Number\*** |
|                             |               | **of   |              |
|                             |               | P      |              |
|                             |               | ages** |              |
+-----------------------------+---------------+--------+--------------+
| **QUARTERLY REPORTS**       |               |        |              |
+-----------------------------+---------------+--------+--------------+
| Producer Quarterly Report   | 2179.01-P-MB  | 3      | 82.13(f)(3)- |
|                             |               |        | (4)          |
+-----------------------------+---------------+--------+--------------+
| Importer Quarterly Report   | 2179.01-I-MB  | 4      | 82.13(g)(4), |
|                             |               |        | 82.13(o-q)   |
+-----------------------------+---------------+--------+--------------+
| Exporter Quarterly Report   | 2179.01-E-MB  | 3      | 82.13(h)(2)  |
+-----------------------------+---------------+--------+--------------+
| QPS Distributor Quarterly   | 1432.22-D-MB  | 1      | 82.13(y)(4)  |
| Report                      |               |        |              |
+-----------------------------+---------------+--------+--------------+
| **ANNUAL REPORT (CAN OPT TO |               |        |              |
| SUBMIT ON A QUARTERLY       |               |        |              |
| BASIS)**                    |               |        |              |
+-----------------------------+---------------+--------+--------------+
| Critical Use Distributor/   | 2179.01-TD-MB | 2      | 82.13        |
| Third Applicator Report     |               |        | (bb)(2) --   |
|                             |               |        | (cc)(2))     |
+-----------------------------+---------------+--------+--------------+
| **MISCELLANEOUS REPORTS**   |               |        |              |
+-----------------------------+---------------+--------+--------------+
| Notification of Transfers   | 2179.01-T-MB  | 3      | 82.12(a)(1)  |
+-----------------------------+---------------+--------+--------------+
| Petition to Import Used     | No form       | \--    | 82.          |
| Substances                  |               |        | 13(g)(2)-(3) |
+-----------------------------+---------------+--------+--------------+
| QPS Certification Report    | 1432.22-C-MB  | 1      | 82.1         |
|                             |               |        | 3(y)(1)-(2), |
|                             |               |        | 82.13(z)(2)  |
+-----------------------------+---------------+--------+--------------+
| Critical Use Certification  | 2             | 1      | 82.13(bb     |
| Report                      | 179.01-CUC-MB |        | )(1)-(cc)(1) |
+-----------------------------+---------------+--------+--------------+

## PRODUCERS OF METHYL BROMIDE 

Producers of methyl bromide are required to report to EPA. The reports
require data on a company-wide scale, even though recordkeeping, in most
cases, may be done on a facility or plant basis. Section 82.13(f)
describes the regulatory requirements for recordkeeping and quarterly
reporting of production.

Terms such as "production," "destruction," "transform," "quarantine
applications," "preshipment applications," "emergency use," "critical
use for pre-plant uses," "critical use for post-harvest uses," and
"critical stock allowance" are defined in the regulations (§82.3) or in
Appendix E to this guidance document.

### Recordkeeping Requirements

Section 82.13(f)(2) describes the recordkeeping requirements for
producers in detail. These requirements are summarized below.

-   Dated records of the quantity of methyl bromide produced at each
    facility;

-   Dated records of the quantity of methyl bromide produced for use in
    processes resulting in their transformation or destruction;

-   Dated records of the quantity of methyl bromide produced and sold
    for a critical use, specifying quantities dedicated for pre-plant
    and post-harvest use;

-   Dated records of the quantity of methyl bromide produced with
    Article 5 allowances;

-   Copies of invoices or receipts documenting sales of methyl bromide
    resulting in their transformation or destruction;

-   Dated records of the quantity of methyl bromide used at each
    facility as feedstocks or destroyed in the manufacturing of any
    substance, or any controlled substance introduced into the
    production process of the same methyl bromide;

-   Dated records of the quantity of raw materials and feedstock
    chemicals used at each facility for the production of methyl
    bromide;

-   Dated records of the shipments of methyl bromide produced at each
    plant;

-   The quantity of methyl bromide, date received, and names and
    addresses of the source of used materials containing recycled or
    reclaimed methyl bromide at each plant;

-   Records of the estimated quantity of any spill or release of methyl
    bromide that equals or exceeds 100 pounds and the date of the
    incident(s);

-   Transformation and destruction verification certifying the intent to
    transform or destroy the methyl bromide or sell the methyl bromide
    for transformation or destruction in cases when allowances were not
    expended;

-   Written certifications that the quantity of methyl bromide was
    purchased by distributors, applicators or approved critical users to
    be used or sold only for an approved critical use;

-   Dated records of the quantity of methyl bromide produced and sold
    solely for export to satisfy critical uses authorized by the Parties
    for that control period;

-   Written verifications from a U.S. purchaser that methyl bromide was
    exported to an Article 5 country in cases when Article 5 allowances
    were expended during production;

-   Dated records of the quantity of methyl bromide produced for a
    critical use, specifying quantities dedicated for pre-plant and
    post-harvest use;

-   Dated records of the quantity of methyl bromide produced for
    quarantine and pre-shipment (QPS) applications and the quantity of
    methyl bromide sold for QPS applications;

-   Written certifications that the methyl bromide produced solely for
    QPS applications was purchased from the producer by distributors and
    applicators solely for use in QPS applications; and

-   Written verifications from a U.S. person purchasing methyl bromide
    from the producer that methyl bromide, if exported, will only be
    used for QPS applications.

### Reporting Requirements 

The following list summarizes specific reporting requirements for
various types of producers (§82.13(f) (3)-(4)).

*[Production Using Article 5 Allowances]{.underline}*

Producers allocated baseline production allowances in §82.5 may produce
up to 15 percent of the baseline explicitly for export to Article 5
countries for their domestic use. Producers must report the quantity
produced for export to Article 5 countries and deduct expended Article 5
allowances from that producer's balance of Article 5 allowances. As
explained in 82.13(f)(3)(ix), producers that produce methyl bromide
using Article 5 allowances must provide a list of U.S. entities that
purchased the methyl bromide for export to Article 5 countries. In
addition, producers must maintain dated records of the quantities of
methyl bromide produced with Article 5 allowances. Appendix C lists
Article 5 countries.

*[Production for In-House or Second-Party Transformation]{.underline}*

Producers must report quarterly the quantities of methyl bromide
produced for in-house and second‑party transformation.

Section 82.13(l) requires a person who purchases methyl bromide for
second-party transformation to provide the producer with an IRS
certification of intent to use the substance as a feedstock.

Copies of the certificates of intent to use the methyl bromide as a
feedstock must accompany the quarterly report, whether the methyl
bromide is sold for second-party transformation in the U.S. or for
second-party transformation overseas. For each purchaser, only one copy
of the certification must be provided during each control period as long
as subsequent quantities shipped to that company are listed in each
quarterly report.

*[Production for In-House or Second-Party Destruction]{.underline}*

Producers must report quarterly the quantities of methyl bromide
produced for in-house and second-party destruction.

Section 82.13(k) requires a person who purchases methyl bromide for
second-party destruction to provide the producer from whom they
purchased the material with verification that it will be used in a
process resulting in its destruction.

Copies of destruction verifications for quantities sold for second-party
destruction must accompany the Producer Quarterly Report.

*[Quarantine and Preshipment (QPS) Applications]{.underline}*

Producers must report quarterly the quantities of methyl bromide sold or
transferred during the quarter to a person other than the producer
solely for QPS applications.

Producers must also submit a list of the quantities of methyl bromide
that were produced by the producer and exported by the producer and/or
by other U.S. companies, to a Party to the Protocol solely for use in
QPS applications.

As explained in §82.13(f)(3)(xv), producers must submit one copy of a
certification that the methyl bromide will be used only for QPS
applications from each recipient of the material. The certification must
contain a list of any additional quantities shipped to that same person
for the quarter.

*[Critical Use and Critical Stock Allowances]{.underline}*

Producers must report quarterly the total of expended and unexpended
critical use allowances that are pre-plant and post-harvest, as well as
the total expended and unexpended critical stock allowances.

*[Stocks of Pre-phaseout Methyl Bromide]{.underline}*

Producers should report annually the total stocks of pre-phaseout
(pre-1/1/2005) methyl bromide owned, including all quantities held for
the reporting company by other suppliers but not including any
quantities sold to end-users.

### Form Instructions: Producer Quarterly Report (Form 2179.01-P-MB)

The Producer Quarterly Report has three sections:

Section 1 -- Producing Company Identification

Section 2 -- Company Production Data (company-wide)

Section 3 -- Allowance Expenditure Data

Section 1 - Producing Company Identification

1.1 [Date of Submission]{.underline}: Date the report is submitted to
EPA.

1.2 [Quarter and Year to which this Report Applies]{.underline}: Check
the appropriate box and enter the appropriate year. Question 3.3 of the
reporting form should be completed only when the fourth quarter is
selected.

1.3 [Producing Company]{.underline}: Name of the company and the
business address of the contact person for the report.

1.4 [Company Contact Identification]{.underline}: Name, telephone
number, fax number, and e-mail address of the company official to be
contacted by EPA if there are questions concerning the report. In
general, this should be the same person for all reports submitted under
the Stratospheric Ozone Protection Program.

1.5 [Importer Information]{.underline}: Check the appropriate box to
indicate the company\'s status as an importer and whether the importer
quarterly report is attached.

1.6 [Exporter Information]{.underline}: Check the appropriate box to
indicate the company\'s status as an exporter and whether the exporter
quarterly report is attached.

1.7 [Signature of Reporting Company Representative]{.underline}: Company
official who is attesting to the accuracy of the report should complete
and sign this section. This person may or may not be the company contact
person identified in Section 1.3. The person signing the form should
read the "certification" that the information on the form is accurate.

Section 2 - Company Production Data

2.1 [Company Name]{.underline}: Name as it appears in Section 1.2.

2.2 [Company Production Totals]{.underline}:

Gross Production (kg) (Column A):

The total quantity, in kilograms, of methyl bromide produced.

In-House Transformation (kg) (Column B):\
The total quantity, in kilograms, of methyl bromide produced for
in-house transformation.

Second-Party Transformation (kg) (Column C):

The total quantity, in kilograms, of methyl bromide produced for
second-party transformation. (Submit the certificate of intent to use
the substance as a feedstock with the first sale to a company and list
subsequent quantities sold to that company.)

In-House Destruction (kg) (Column D):

The total quantity, in kilograms, of methyl bromide produced for
in-house destruction.

Second-Party Destruction (kg) (Column E):

The total quantity, in kilograms, of methyl bromide produced for
second-party destruction. (Submit copy of the destruction verification
from each company.)

Quarantine and Preshipment (QPS) (kg) (Column F):

The total quantity, in kilograms, of methyl bromide produced solely for
QPS applications. The reported quantity should include both production
for domestic QPS applications and for export to foreign parties.

Critical Use Exemption (CUE), Pre-Plant, Post-Harvest, and For Export
(kg) (Column G~1~, G~2~, and G~3~):

The total quantity, in kilograms, of methyl bromide produced solely for
Pre-Plant CUE applications (Column G~1~), the total quantity, in
kilograms, of methyl bromide produced solely for Post-Harvest CUE
applications (Column G~2~), and the total quantity, in kilograms, of
methyl bromide produced solely for export to satisfy CUE applications
internationally (Column G~3~).

Emergency Use Exemption (kg) (Column H):

The total quantity, in kilograms, of methyl bromide produced solely for
use under an emergency use exemption. The reported quantity should
include production for domestic emergency use exemptions and for export
to foreign parties.

Article 5 Production (kg) (Column I):

The total quantity, in kilograms, of methyl bromide produced solely for
export to Article 5 countries during this quarter that required
expenditure of Article 5 allowances. Appendix C lists Article 5
countries.

Net Production of Methyl Bromide (A-B-C-D-E-F-G1-G2 G3-H-I=J) (kg)
(Column J):

The remaining quantities of methyl bromide after subtracting out
quantities listed in columns B, C, D, E, F, G~1~, G~2~, G~3~, H, I from
the quantity listed in column A.

Critical Stock Allowances (kg) (Column K):

The total quantity, in kilograms, of methyl bromide that was produced
and/or imported prior to the January 1, 2005 phaseout made available for
sale to critical uses during the control period.

Section 3 - Allowance Expenditure Data

3.1 [Company Name]{.underline}: Name as it appears in Section 1.2.

3.2 [Allowance Balance Summary]{.underline}: Please supply this
information for all methyl bromide for which the company holds Article
5, pre-plant critical use, post-harvest critical use, or critical stock
allowances.

Total Article 5 allowances for year to date (as of end of the quarter)
(Column A):

The total sum of expended and unexpended Article 5 allowances.

Total pre-plant critical use allowances for year to date (as of the end
of the quarter) (Column B~1~):

The total sum of expended and unexpended pre-plant critical use
allowances.

Total post-harvest critical use allowances for year to date (as of the
end of the quarter) (Column B~2~):

The total sum of expended and unexpended post-harvest critical use
allowances.

Total critical stock allowances for year to date (as of the end of the
quarter) (Column C):

The total sum of expended and unexpended critical stock allowances
(CSAs).

3.3 [Total Stocks of Pre-phaseout Methyl Bromide]{.underline}: The total
stocks of pre-phaseout (pre-1/1/2005) methyl bromide owned at the end of
the control period, including all quantities held for the reporting
company by other suppliers, but not quantities sold to end-users. Please
supply this information in the fourth quarter only unless otherwise
directed.

3.4 [Name(s) of Company(ies) for Which Critical Use Methyl Bromide is
Being Held and Associated Amounts (kg) Held for Each (excluding
end-users)]{.underline}: The total quantity, in kilograms, of pre-plant
and post-harvest critical use methyl bromide held on behalf of other
entities and the names of those entities.

## IMPORTERS OF METHYL BROMIDE 

Importers of methyl bromide are required to report to EPA. Section
82.13(g) describes the regulatory requirements for recordkeeping and
quarterly reporting of importation. Importers are also required to
report blends and mixtures of methyl bromide. Terms such as "importer,"
"critical use for pre-plant uses," "critical use for post-harvest uses,"
"critical stock allowance," "destruction," "heel," "emergency use,"
"quarantine applications," "preshipment applications," "transhipment,"
and "transform" are defined in the regulations or in Appendix E.

Importers of used methyl bromide are required to petition EPA and the
information required in the petition is described in §82.13(g)(2).
Reports are also required for imports of used methyl bromide; Section
3.8 provides further information on these requirements.

### Recordkeeping Requirements 

Section 82.13 (g)(1) describes in detail the recordkeeping requirements
for importers of methyl bromide. The records that must be maintained by
all importers are summarized below:

-   The quantity of methyl bromide imported, either alone or in
    mixtures, and the percentage of each mixture containing methyl
    bromide;

-   The quantity of methyl bromide imported, either alone or in
    mixtures, that are used (including recycled or reclaimed);

-   The quantity of methyl bromide excluding transhipments or used
    substances for use in processes resulting in their transformation or
    destruction;

-   The date on which and the country from which methyl bromide was
    imported;

-   The port of entry of the methyl bromide;

-   The commodity code for methyl bromide shipped;

-   The importer number for the shipment;

-   A copy of the bill of lading;

-   Import invoices;

-   The U.S. Customs Summary Entry form;

-   Dated records of the quantity of methyl bromide imported for a
    critical use, specifying quantities dedicated for pre-plant and
    post-harvest use;

-   Written certifications that the quantity of methyl bromide imported
    for a critical use was purchased by distributors, applicators or
    approved critical users to be used or sold only for an approved
    critical use;

-   Dated records of the sale or transfer of methyl bromide for use in
    processes resulting in its transformation or destruction;

-   Copies of certifications confirming that the methyl bromide will be
    transformed or destruction verifications confirming its destruction;

-   Dated records of the quantity of methyl bromide imported for QPS
    applications and the quantity sold for QPS applications;

-   Written certifications that the quantities of methyl bromide,
    imported solely for QPS applications, were purchased by distributors
    or applicators to be used only for QPS applications; and

-   Written verifications from a U.S. purchaser that methyl bromide
    imported solely for QPS applications, if exported, will be exported
    solely for QPS applications upon receipt of a certification.

### Reporting Requirements

The following list summarizes specific reporting requirements for
various types of imports (§82.13(g)(4) and (o-q)).

*[Imports for In-House or Second-Party Transformation]{.underline}*

Importers must report quarterly the quantities of methyl bromide
imported for in-house and second‑party transformation. Section 82.13(l)
requires that a person who purchases methyl bromide for second-party
transformation must provide the importer with a certification of intent
to use the substance as a feedstock.

Copies of the certificates of intent to use the methyl bromide as a
feedstock must accompany the Importer Quarterly Report. For each
purchaser, *only one copy* of the certification should be provided as
long as subsequent quantities shipped to that company are listed in each
quarterly report.

*[Imports for In-House or Second-Party Destruction]{.underline}*

Importers must report quarterly the quantities of methyl bromide
imported for in-house and second-party destruction. Section 82.13(k)
requires the person who purchases methyl bromide for second-party
destruction to provide the importer with verification that the methyl
bromide will be used in processes that result in its destruction.

The importer quarterly report must be accompanied by copies of
destruction verifications for quantities sold for second-party
destruction.

*[Quarantine and Preshipment (QPS) Applications]{.underline}*

Importers must report quarterly the quantity of methyl bromide sold or
transferred to a person other than the importer solely for QPS
applications.

The importer quarterly report must be accompanied by a copy of a
certification that the methyl bromide will be used only for QPS
applications as described in §82.13(g)(4)(xvii) as well as a list of
additional quantities shipped to that same person for the quarter.

*[Critical Use and Critical Stock Allowances]{.underline}*

Importers must report quarterly the total of expended and unexpended
critical use allowances that are pre-plant and post-harvest.

Importers must report quarterly the total of expended and unexpended
critical stock allowances.

*[Imports of Used Methyl Bromide]{.underline}*

Importers must report the quantity of imports of used methyl bromide.

*[Imports of 'Heels']{.underline}*

A heel is any quantity of methyl bromide returning to the United States
that is no more than 10 percent of the volume of the container and was
not unloaded or discharged from that container.

Imported heels must be reported quarterly. The importer must label their
bill of lading or invoice indicating that the methyl bromide in the
container is a heel. The importer of heels must submit certification
that the material will either: (1) remain in the container and be
included in a future shipment; (2) be recovered and transformed; (3) be
recovered and destroyed; or (4) be recovered for a non-emissive use. The
importer must also report on the final disposition of the heel.

*[Stocks of Pre-phaseout Methyl Bromide]{.underline}*

Importers should report annually the total stocks of pre-phaseout
(pre-1/1/2005) methyl bromide owned, including all quantities held for
the reporting company by other suppliers but not including any
quantities sold to end-users.

### Form Instructions: Importer Quarterly Report (Form 2179.01-I-MB)

The Importer Quarterly Report has four sections:

Section 1 -- Importing Company Identification

Section 2 -- Transaction Records

Section 3 -- Company Import Data (company-wide)

Section 4 -- Allowance Expenditure Data

Section 1 - Importing Company Identification

1.1 [Date of Submission]{.underline}: Date the report is submitted to
EPA.

1.2 [Number of Transactions Reported]{.underline}: Total number of
individual transactions reported in Section 2.

1.3 [Number of Pages Submitted]{.underline}: Total number of pages in
the report, including transaction summary pages.

1.4 [Quarter and Year to which this Report Applies]{.underline}: Check
the appropriate box and enter the appropriate year.

1.5 [Importing Company]{.underline}: The name of the company and the
business address of the contact person for the report.

1.6 [Company Contact Identification]{.underline}: The name, telephone
number, fax number, and e-mail address of the company official who may
be contacted by EPA concerning the report. In general, this should be
the same person for all reports submitted under the Stratospheric Ozone
Protection Program.

1.7 [Signature of Reporting Company Representative]{.underline}: Company
official who is attesting to the accuracy of the report. This may or may
not be the company contact person identified in Section 1.6. The person
signing the form should read the "certification" that the information on
the form is accurate.

Section 2 - Transaction Records

2.1 [Company Name]{.underline}: Company submitting the Importer
Quarterly Report, as in Section 1.5.

2.2 [Transaction Summaries]{.underline}: Enter \"1\" for first
transaction of the quarter and proceed with \"2,\" \"3,\" and so on, for
additional transactions. Reproduce this page as needed to obtain
sufficient blank spaces for additional transactions.

Source Country:

The country from which the methyl bromide was exported to the United
States.

Port of Exit from Source Country:

Port city from which the methyl bromide was exported, as shown on the
U.S. Customs Entry Summary Form 7501 or bill of lading.

Importer Number:

The company\'s IRS number is usually used for identification. *Please
ensure the number is a complete U.S. Customs Service Importer Number.*
This number appears on the Customs Entry Summary Form 7501 as two
digits, followed by a dash, then seven digits (e.g., 12-1234567).

Commodity Code of Shipment:

The 10-digit code number as identified in the Harmonized Tariff
Schedule. Commodity codes are designated by the U.S. Customs Service for
class I substances. The commodity code for methyl bromide is
2903.30.1520.

Quantity of Commodity Imported:

The total quantity, in kilograms, of the commodity imported. If the
commodity is a mixture, then the reported quantity of the commodity
should be greater than the reported quantity of methyl bromide imported.

Quantity of Methyl Bromide Imported:

The total quantity, in kilograms, of methyl bromide imported.

Port of Entry into the U.S.:

The U.S. port where the shipment landed.

Date of Import:

The import date, as shown in Block 27 of the U.S. Customs Entry Summary
Form. The date of import is the date that the ship arrives at the port,
or the truck or train enters the U.S.

Customs Entry Summary Number:

This number identifies the specific shipment (from block number 1 of
U.S. Customs Form 7501). The Customs Entry Summary Number is generally
three (3) letters followed by nine (9) digits.

*Methyl Bromide will be imported for:\
*Check the box describing the intended use (QPS, Transformation,
Destruction, Pre-Plant Critical Use, Post-Harvest Critical Use, or
Emergency Use).

Transaction Type:

If applicable, check the box describing the transaction type (Used or
Heels). If the substance is new neither box should be checked.

Section 3 - Company Import Data

3.1 [Company Name]{.underline}: Name of the company submitting the
report, as in Section 1.5.

3.2 [Company Import Totals]{.underline}:

Gross Imports (kg) (Column A):

The total quantity, in kilograms, of methyl bromide imported.

In-House Transformation (kg) (Column B):

The total quantity, in kilograms, of methyl bromide imported for
in-house transformation during the quarter.

Second-Party Transformation (kg) (Column C):

The total quantity, in kilograms, of methyl bromide imported for
second-party transformation. (Submit the certificate of intent to use
the substance as a feedstock with the first sale to a company and list
subsequent quantities sold to that company.)

In-House Destruction (kg) (Column D):

The total quantity, in kilograms, of methyl bromide imported for
in-house destruction.

Second-Party Destruction (kg) (Column E):

The total quantity, in kilograms, of methyl bromide imported for
second-party destruction. (Submit copy of the destruction verification
from each company.)

Quarantine and Preshipment (QPS) (kg) (Column F):

The total quantity, in kilograms, of methyl bromide imported solely for
QPS applications.

Critical Use Exemption, Pre-Plant and Post-Harvest (CUE) (kg) (Column
G~1~ and G~2~):

The total quantity, in kilograms, of methyl bromide imported solely for
Pre-Plant CUE applications (Column G~1~) and the total quantity, in
kilograms, of methyl bromide imported solely for Post-Harvest CUE
applications (Column G~2~).

Emergency Use Exemption (kg) (Column H):

The total quantity, in kilograms, of methyl bromide imported solely for
emergency use.

Net Imports of Methyl Bromide (A-B-C-D-E-F-G1-G2- H=I) (kg) (Column I):

The remaining quantities of methyl bromide after subtracting out
quantities listed in columns B, C, D, E, F, G~1~, G~2~, and H from the
quantity listed in column A.

Total "Used" Imports (kg) (Column J):

The total quantity, in kilograms, of used methyl bromide imported.

Total "Heels" (kg) (Column K):

The total quantity, in kilograms, of methyl bromide brought into the
U.S. as a heel that is less than 10 percent of the volume of each
container. (The importer must label their bill of lading or invoice
indicating that the class I substance in the container is a heel as
required in §82.13(o), submit the certification that the heel will be
treated as required in §82.13(p), and report on the final disposition of
the heel in accordance with §82.13(q).)

Section 4 -- Allowance Expenditure Data

4.1 [Company Name]{.underline}: Name of the company submitting the
report, as in Section 1.5.

4.2 [Balance Summary of Allowances]{.underline}: Please supply this
information for all methyl bromide for which the company holds pre-plant
critical use, post-harvest critical use, or critical stock allowances.

Total pre-plant critical use allowances for year to date (as of end of
the quarter) (Row A~1~):

The total sum of expended and unexpended pre-plant critical use
allowances

(CUAs).

Total post-harvest critical use allowances for year to date (as of end
of the quarter) (Row A~2~):

The total sum of expended and unexpended post-harvest critical use
allowances (CUAs).

Total critical stock allowances for year to date (as of the end of the
quarter) (Row B):

The total sum of expended and unexpended critical stock allowances
(CSAs).

4.3 [Total Stocks of Pre-phaseout Methyl Bromide]{.underline}: The total
stocks of pre-phaseout (pre-1/1/2005) methyl bromide owned at the end of
the control period, including all quantities for the reporting company
held for the reporting company by other suppliers, but not quantities
sold to end-users. Please supply this information in the fourth quarter
only unless otherwise directed.

4.4 [Name(s) of Company(ies) for Which Critical Use Methyl Bromide is
Being Held and Associated Amounts (kg) Held for Each (excluding
end-users)]{.underline}: The total quantity, in kilograms, of pre-plant
and post-harvest critical use methyl bromide held on behalf of other
entities and the names of those entities.

## EXPORTERS OF METHYL BROMIDE

Exporters of methyl bromide are required to report to EPA. Section 82.13
(h)(2) describes the regulatory requirements for recordkeeping and
quarterly reporting for exporters. Exporters must send the report to EPA
within 45 days after the end of the quarter. Terms such as "exporter,"
"destruction," "critical use for pre-plant uses," "critical use for
post-harvest uses," "critical stock allowance," "emergency use,"
"quarantine applications," "preshipment applications," and "transform"
are defined in regulations (§82.3) or in Appendix E.

The exporter is the company that owns the methyl bromide when it is
exported, not necessarily the person that places it on the ship or in
the truck. Generally, the Agency will accept the exporter\'s business
invoice as proof that the company had contracted to sell or transfer the
methyl bromide to a foreign entity. On-board bills of lading are also
necessary to verify that the export occurred. The U.S. Export
Declaration Form may be substituted for the bill of lading.

### Recordkeeping Requirements

There are no recordkeeping requirements for exporters. However, EPA
recommends that companies exporting methyl bromide maintain copies of
invoices and bills of lading for each shipment.

### Reporting Requirements

In general, information provided about the recipient should pertain to
the location of the plant where the methyl bromide is to be used, rather
than the location of the corporate headquarters. For purposes of the
Stratospheric Ozone Protection Program, the destination is defined as
the ultimate destination of the export, rather than any transit
destinations.

Reporting requirements for various types of exports include those
quantities exported for transformation, destruction, QPS, critical and
emergency use exemptions, and the quantities exported to Article 5
countries. Section 82.13(h)(2)(viii) requires a sales agreement or
invoice certifying that the methyl bromide exported to a Party to the
Protocol is intended for transformation, destruction, or that the
recipient or eventual applicator will only use the material for QPS
applications.

### Form Instructions: Exporter Quarterly Report (Form 2179.01-E-MB)

The Exporter Quarterly Report has three sections:

Section 1 -- Exporting Company Identification

Section 2 -- Transaction Records

Section 3 -- Company Export Totals

Section 1 - Exporting Company Identification

1.1 [Date of Submission]{.underline}: Date the report is submitted to
EPA.

1.2 [Number of Transactions Reported]{.underline}: The number of
individual methyl bromide shipments exported during the control period.

1.3 [Number of Pages Submitted]{.underline}: Total number of pages in
the report.

1.4 [Quarter and Year to Which This Report Applies]{.underline}: Check
the appropriate box and enter the appropriate year. Question 1.5 of the
reporting form should be completed only when the fourth quarter is
selected.

1.5 [Total Stocks of Pre-phaseout Methyl Bromide]{.underline}: The total
stocks of pre-phaseout (pre-1/1/2005) methyl bromide owned at the end of
the control period, including all quantities held for the reporting
company by other suppliers, but not quantities sold to end-users. Please
supply this information in the fourth quarter only unless otherwise
directed.

1.6 [Exporting Company Information]{.underline}: Name of the company and
the business address of the contact person for the report.

1.7 [Company Contact Identification]{.underline}: Name, telephone
number, fax number, and e-mail address of the company official who may
be contacted by EPA to answer questions concerning the report. In
general, this should be the same person for all reports submitted under
the Stratospheric Ozone Protection Program.

1.8 [Signature of Reporting Company Representative]{.underline}: Company
official who is attesting to the accuracy of the report should complete
and sign this section. This may or may not be the company contact person
identified in Section 1.6. The person signing the form should read the
\"certification\" that the information on the form is accurate.

Section 2 - Transaction Records

2.1 [Company Name]{.underline}: Name of the company submitting the
report, as in Section in 1.4.

2.2 [Transaction Summaries]{.underline}: Enter \"1\" for first
transaction of the control period and proceed with \"2,\" \"3,\" and so
on, for additional transactions. Reproduce this page as needed to obtain
sufficient blank spaces for additional transactions.

Recipient Company Name:

The company receiving the methyl bromide.

Street Address:

The business address of the recipient company.

City:

The city of the recipient company.

Country:

The country to which the methyl bromide was exported.

Postal Code:

The postal code of the recipient company.

Company Contact Person:

The name of a contact person employed at the recipient company, his/her
telephone number, and facsimile number.

*Percent of Methyl Bromide that is Used, Recycled or Reclaimed:*\
The percent of methyl bromide that is being exported that is used,
recycled, or reclaimed.

Commodity Code of Shipment:

The 10-digit code number as identified in the Harmonized Tariff
Schedule. Commodity codes are designated by the U.S. Customs Service for
class I substances. The methyl bromide code is 2903.30.1520.

Quantity of the Methyl Bromide Exported (kg):

The total quantity, in kilograms, of the methyl bromide exported. For
pure methyl bromide, this will equal the quantity of the commodity
imported. For mixtures containing methyl bromide, multiply the
percentage of methyl bromide in the mixture by the quantity of commodity
imported.

*Source of Methyl Bromide:\
*The U.S. producer of the methyl bromide being exported.

Date of Export:

The date of the export as it appears on the bill of lading.

Port of Export from the U.S.:

The U.S. port where the methyl bromide was loaded on the exporting
vessel.

*Exporter EIN Number from Customs Form 7525:*\
The \"Employer Identification Number\" (EIN) shown on the Shipper\'s
Export Declaration Form. This number may or may not refer to the
exporter as defined by EPA. If a shipping agent is acting on behalf of
the exporter as defined by the regulation, the EIN of the agent shown on
the U.S. Customs Form 7525 should be reported here.

Methyl Bromide will be Exported for:

Check the box (transformation, destruction, quarantine and preshipment,
critical use, emergency use, or Article 5 allowances) that applied to
the specific transaction.

Section 3 -- Company Export Totals

Reproduce the blank form as needed.

For each transaction summary, provide the following information:

3.1 [Company Name]{.underline}: Name of the reporting company, as in
Section 1.6.

3.2 [Transaction Summaries for Methyl Bromide]{.underline}:

Country Exported to:

The country to which methyl bromide was exported.

Transformation (kg):

The total quantity, in kilograms, of methyl bromide exported for
transformation.

Destruction (kg):

The total quantity, in kilograms, of methyl bromide exported for
destruction.

*Article 5 (kg):\
*The total quantity, in kilograms, of methyl bromide exported to each
Article 5 country. Appendix C lists Article 5 countries.

*Quarantine and Preshipment (kg):\
*The total quantity, in kilograms, of methyl bromide exported for use in
QPS applications.

Critical Use Exemption (CUE) (kg):

The total quantity, in kilograms, of methyl bromide exported for
critical use exemption purposes.

Emergency Use Exemption (kg):

The total quantity, in kilograms, of methyl bromide exported for
emergency use exemption purposes.

Totals:

The sum, in kilograms, of the methyl bromide exports (i.e., sum each
column).

## DISTRIBUTORS AND THIRD PARTY APPLICATORS OF CRITICAL USE METHYL BROMIDE

Distributors and third party applicators of methyl bromide are required
to report to EPA. Section 82.13(bb) describes the regulatory
requirements for recordkeeping and quarterly reporting for distributors.
Section 82.13(cc) describes the regulatory requirements for
recordkeeping and quarterly reporting for third party applicators.
Distributors and third party applicators must send the report to EPA
within 45 days after the end of the control period (December 31st), but
also have the option to submit the report on a quarterly basis. Please
be sure to indicate whether the report being submitted is annual or
quarterly. Terms such as "critical use for pre-plant uses," "critical
use for post-harvest uses," and "critical stock allowance," are defined
in regulations (§82.3) or in Appendix E.

### Recordkeeping Requirements

Section 82.13(bb)(1) describes the recordkeeping requirements for
distributors. Section 82.13(cc)(1) describes the recordkeeping
requirements for third party applicators. For the convenience of
reporting companies, EPA has provided *Form 2179.01-CUCD-MB* as a
recommended certification form; please refer to Section 3.6 of this
guidance document for more information. Records of certifications must
be maintained for three years.

### Reporting Requirements

As required in §82.13(bb)(2) and §82.13(cc)(2), distributors and third
party applicators of critical use methyl bromide must report to EPA the
total quantity of pre-plant and post-harvest critical use methyl bromide
that was bought, sold, owned, and held on behalf of other entities. The
total quantity of critical use methyl bromide sold for pre-plant and
post-harvest critical uses must specify the quantity sold to each
approved critical use category. Distributors and third party applicators
of critical use methyl bromide must also report the total of expended
and unexpended critical stock allowances.

### Form Instructions: Critical Use MeBr Distributor/ Third Party Applicator Report (Form 2179.01-TD-MB)

The Distributor/ Third Party Applicator Report has two sections:

Section 1 -- Distributor or Third Party Applicator Company
Identification

Section 2 -- Transaction Data

Section 1 - Company Identification

1.1 [Date of Submission]{.underline}: Date the report is submitted to
EPA.

1.2 [Year to Which This Report Applies]{.underline}: Enter the
appropriate year.

1.3 [Quarterly (select Quarter) or Annual Submittal]{.underline}: If
submitting this report on a quarterly basis, select the quarter for
which the data represents. If submitting this report annually, check the
annual box. If the fourth quarter or annual box is selected, Question
2.8 of the reporting form should also be completed.

1.4 [Company]{.underline}: Name of the company and the business address
of the contact person for the report.

1.5 [Company Contact Identification]{.underline}: Name, telephone
number, fax number, and e-mail address of the company official who may
be contacted by EPA to answer questions concerning the report. In
general, this should be the same person for all reports submitted under
the Stratospheric Ozone Protection Program.

[]{.mark}

1.6 [Company Type]{.underline}: Type of the company, either a
distributor or third party applicator of critical use methyl bromide,
submitting the report.

1.7 [Signature of Reporting Company Representative]{.underline}: Company
official who is attesting to the accuracy of the report should complete
and sign this section. This may or may not be the company contact person
identified in Section 1.5. The person signing the form should read the
\"certification\" that the information on the form is accurate.

Section 2 - Transaction Data

2.1 [Company Name]{.underline}: Name of the company submitting the
report, as in Section in 1.4.

[]{.mark}

2.2 [Total Amount of Critical Use Methyl Bromide Sold for Per-Plant and
Post-Harvest Critical Uses, Active Ingredient Only (as either gas or as
part of fumigant services) (kg)]{.underline}: The total quantity, in
kilograms, of pre-plant and post-harvest critical use methyl bromide
sold for the specified approved critical uses.

2.3 [Total Amount of Critical Use Methyl Bromide Sold to another
Distributor/Supplier (kg)]{.underline}: The total quantity, in
kilograms, of pre-plant and post-harvest critical use methyl bromide
sold to another distributor and/or supplier.

2.4 [Total Amount of Critical Use Methyl Bromide Bought
(kg)]{.underline}: The total quantity, in kilograms, of pre-plant and
post-harvest critical use methyl bromide bought.

2.5 [Total Amount of Critical Use Methyl Bromide Owned
(kg)]{.underline}: Calculate the total quantity, in kilograms, of
pre-plant and post-harvest critical use methyl bromide owned by
subtracting the total quantity of pre-plant and post-harvest critical
use methyl bromide sold as listed in Section 2.2, and the total quantity
of pre-plant and post-harvest critical use methyl bromide sold to
another distributor or supplier as listed in Section 2.3, from the total
quantity of pre-plant and post-harvest critical use methyl bromide
amount bought as listed in Section 2.4.

2.6 [Name(s) of Company(ies) for Which Critical Use Methyl Bromide is
Being Held and Associated Amounts (kg) Held for Each (excluding
end-users)]{.underline}: The total quantity, in kilograms, of pre-plant
and post-harvest critical use methyl bromide held on behalf of other
entities and the names of those entities.

2.7 [Total Critical Stock Allowances (CSAs) for Year to Date that were
Expended and Unexpended]{.underline}:

The total sum of expended and unexpended total critical stock
allowances.

2.8 [Total Stocks of Pre-phaseout Methyl Bromide]{.underline}: The total
stocks of pre-phaseout (pre-1/1/2005) methyl bromide owned at the end of
the control period, including all quantities held for the reporting
company by other suppliers, but not quantities sold to end-users. Please
supply this information in the fourth quarter only unless otherwise
directed.

## CERTIFICATION OF CRITICAL USE METHYL BROMIDE ORDER/ PURCHASE

Prior to delivery, purchasers of methyl bromide must certify to the
supplier company if the methyl bromide will be sold or used solely for
pre-plant or post-harvest critical use applications. Every distributor
and third party applicator, purchasing critical use methyl bromide, must
submit the certification to the producer or importer, or other entity
from which they are acquiring the critical use methyl bromide, as
required in §82.13(bb)(1) and §82.13(bb)(2). Terms such as "critical use
for pre-plant uses" and "critical use for post-harvest uses" are defined
in regulations (§82.3) or in Appendix E.

### Recordkeeping Requirements

[]{.mark}

Recordkeeping is required for distributors and third party applicators
of critical use methyl bromide. Records must be maintained for three
years. Section 82.13(bb)(1) describes the recordkeeping requirements for
distributors. Section 82.13(cc)(1) describes the recordkeeping
requirements for third party applicators. These requirements are
summarized below.

-   Written certifications that certify to the producer or importer that
    the quantities of methyl bromide being acquired by the third party
    applicator or the distributor will be sold or used only for approved
    critical uses;

-   Written verifications from a U.S. purchaser prior to delivery that
    the quantity of critical use methyl bromide ordered sold to the
    distributor or third party applicator will be sold or used only for
    approved critical uses;

-   Dated records of invoices and order records related to the sale of
    critical use methyl bromide.

### Reporting Requirements

A certification report must be completed by any company purchasing
critical use methyl bromide and must subsequently be maintained as
records by both the purchaser and the supplier (the form is not
submitted to EPA). For the convenience of reporting companies, EPA has
provided *Form 2179.01-CUC-MB* as a recommended certification form. The
report should include the name of the critical use methyl bromide
customer and address, and a contact name and phone number for the
customer. The certification from the purchaser should also identify the
total quantity of critical use methyl bromide ordered or purchased. The
reporting company representative should certify, by selecting the
appropriate check box, if the methyl bromide will or will not be
exclusively used for pre-plant or post-harvest critical use allowances.

[]{.mark}

Additionally, the approved critical users purchasing an amount of
critical use methyl bromide or purchasing fumigation services with
critical use methyl bromide must provide documentation that identifies
the use as a critical use and certifies them as an approved critical
user with each request. The documentation must certify knowledge of the
requirements associated with the exemption for critical use allowances
by including a certification statement as provided in §82.13(dd). The
certification must also indicate the type of critical use methyl bromide
purchased, the location of the treatment, the crop or commodity treated,
the quantity purchased, the acreage/square footage treated, and must be
signed and dated by the approved critical user. There is no EPA
recommended form for this documentation.

## NOTIFICATION OF METHYL BROMIDE TRANSFERS

[]{.mark}

Holders of Article 5, pre-plant critical use, post-harvest critical use,
and critical stock allowances for methyl bromide may transfer allowances
for a specific control period through transfers with another company.
Section 82.12 describes the regulatory requirements for quarterly
reporting for companies increasing or decreasing allowances for a
specific control period through transfers with another company. The
terms "Article 5 allowances," "critical use for pre-plant uses,"
"critical use for post-harvest uses" and "critical stock allowance" are
defined in the regulations or in Appendix E.

### Recordkeeping Requirements

There are no recordkeeping requirements for companies notifying the
Agency of Article 5, pre-plant critical use, post-harvest critical use,
and/or critical stock allowance transfers.

### Form Instructions: Notification of MeBr Transfers (Form 2179.01-T-MB)

[]{.mark}

The form for Notification of MeBr Transfers has three sections:

Section 1 -- Transferor Identification

Section 2 -- Transaction Record

Section 3 -- Unexpended Balance Summary

Section 1 -- Transferor Identification

1.1 [Date of Submission]{.underline}: Date the report is submitted to
EPA.

1.2 [Number of Transactions Reported]{.underline}: Total number of
individual transactions reported in Section 2.

1.3 [Number of Pages Submitted]{.underline}: Total number of pages in
the report, including transaction summary pages.

1.4 [Company Information]{.underline}: The name of the company
transferring the allowances and the business address of the contact
person for the report.

1.5 [Company Contact Identification]{.underline}: The name, telephone
number, fax number, and e-mail address of the company official who may
be contacted by EPA concerning the report. In general, this should be
the same person for all reports submitted under the Stratospheric Ozone
Protection Program.

1.6 [Signature of Reporting Company Representative]{.underline}: Company
official who is attesting to the accuracy of the report. This may or may
not be the company contact person identified in Section 1.5. The person
signing the form should read the \"certification\" that the information
on the form is accurate.

Section 2 - Transaction Record

[]{.mark}

Companies notifying EPA of transfers in Article 5, pre-plant critical
use, post-harvest critical use, or critical stock allowance transfers
should complete this section for each transfer (transaction). Reproduce
blank copies of Section 2 if needed. Enter \"1\" for first transaction
of the quarter and proceed with \"2\", \"3\", and so on, for additional
transactions.

For each transaction, complete the form as follows:

2.1 Transferee Identification:

*Transferee Company Name:*

Name and address of the transferee company (the company receiving
allowances as a result of the trade).

*Transferee Contact Person:*

Identify a contact person and provide an address and telephone and fax
numbers.

*Check only one:*

Check the appropriate box for the type of allowances (pre-plant critical
use, post-harvest critical use, Article 5, or critical stock allowances)
being transferred.

[]{.mark}

2.2 [Type of Allowances Transferred]{.underline}: Check only one box to
identify the type of allowances being transferred. A transfer of current
year allowances is only for the current control period. A transfer of
baseline allowances permanently reduces the number of Article 5
allowances that the transferor will receive in future allocations.

[]{.mark}

2.3 [Number of Methyl Bromide Allowances Being Transferred
(kg)]{.underline}: The total quantity, in kilograms, of methyl bromide
that is being transferred.

[]{.mark}

2.4 [Amount of Offset (kg):]{.underline} The amount of offset is
calculated by multiplying the amount listed in Section 2.3 by 0.001 for
pre-plant and post-harvest critical use allowances and by 0.01 for
Article 5 Allowances. If the transfer is a critical stock allowance, no
offset is applied and this question should be left blank.

[]{.mark}

2.5 [Number of Allowances Subtracted from Transferor's Balance of
Chemical Being Transferred (kg)]{.underline}: Calculate the amount of
allowances that are to be subtracted from the transferor\'s balance of
the chemical listed in Section 2.3 by adding the amount listed in
Section 2.3 to the amount listed in Section 2.4.

[]{.mark}

2.6. [Number of Methyl Bromide Allowances Being Received
(kg)]{.underline}:

The total quantity, in kilograms, of methyl bromide that is being
received.

[]{.mark}

Section 3 - Unexpended Balance Summary

[]{.mark}

3.1 [Balance of Unexpended Methyl Bromide Allowances Prior to Trades
Reported]{.underline}: Report the company\'s balance of unexpended
allowances of methyl bromide before the trade.

*Balance of Unexpended Pre-Plant Critical Use Allowances (Column A):*

The unexpended pre-harvest critical use allowances held by the
transferor.

*Balance of Unexpended Post-Harvest Critical Use Allowances (Column B*):

The unexpended post-harvest allowances held by the transferor.

*Balance of Unexpended Article 5 Allowances (Column C):*

The unexpended Article 5 allowances held by the transferor.

*Balance of Unexpended Critical Stock Allowances (Column D):*

The unexpended critical stock allowances held by the transferor.

## USED METHYL BROMIDE - PETITION TO IMPORT

A rule published December 31, 2002 (67 FR 79872), clarified and updated
the petition process for imports of *used* class I substances, including
methyl bromide, as previously established in 40 CFR Part 82. The term
"used controlled substances" is defined in the regulations (§82.3) and
reproduced in Appendix E. **EPA is not aware of any practice involving
imports of used methyl bromide but is providing the information in this
section to clarify how such imports would be covered under the current
regulatory framework.**

An importer needs to petition EPA to import each individual shipment
over 5 pounds of used methyl bromide, at least 40 working days before
the shipment is to leave the country of export. The 40 working-day
period begins on the day following the date that the Stratospheric Ozone
Protection Program receives the petition. Petitions may be faxed, sent
by certified mail, express service, or regular mail to the Refrigerant
Recycling Program Manager at the Stratospheric Program Implementation
Branch as listed in Part 1 of the guidance document.

If EPA issues an objection letter, the importer has up to 10 working
days to re-petition if EPA indicated "insufficient information" as the
basis for the objection notice. If EPA issues a non-objection letter, a
copy of the non-objection letter and the petition must accompany the
shipment through U.S. Customs. The approved used methyl bromide must be
imported within the same control period as the date stamped on the
non-objection notice.

### Petition Information Requirements 

Section 82.13(g)(2)-(3) describes the information requirements for
petitioners in detail, and Part 2

Section 2.7 of the Guidance Document summarizes those requirements for
other Class I substances. There is no EPA-recommended petition form. The
petition may be in any form as long as it includes the information in
82.13(g)(2)-(3).

In evaluating a petition, EPA determines whether the methyl bromide to
be imported is, in fact, previously used. In order to independently
verify the previous use of this class I substance, EPA requires
information on a contact person in the foreign country, including
telephone and fax numbers. In addition, EPA requires a detailed
description of the source facility (facilities) and the specific
equipment from which the methyl bromide was recovered. This information
ensures U.S. compliance under the Montreal Protocol.

### Recordkeeping Requirements

Section 82.13(g)(3)(viii) describes the recordkeeping requirements for
companies receiving non-objection notices. The records that must be
maintained by all companies approved to import used methyl bromide are
summarized below:

-   A copy of the petition;

-   EPA non-objection notice;

-   Bill of lading for the import; and

-   U.S. Customs entry documents for the import

## DISTRIBUTORS OF QPS METHYL BROMIDE

Distributors of methyl bromide are required to report to EPA. Section
82.13(y) describes the regulatory requirements for recordkeeping and
quarterly reporting for distributors. Distributors must send the report
to EPA within 45 days after the end of the quarter. Terms such as
"quarantine applications" and "preshipment applications," are defined in
regulations (§82.3) or in Appendix E.

### Recordkeeping Requirements

Section 82.13(y)(3) describes the recordkeeping requirements for
distributors who receive certifications stating that the quantity
ordered and delivered will be used solely for QPS applications. For the
convenience of reporting companies, EPA has provided *Form 1432.22-C-MB*
as a recommended certification form; please refer to Section 3.11 of
this guidance document for more information. Records of certifications
must be maintained for three years.

### Reporting Requirements

As required in §82.13(y)(4), distributors must report to EPA the total
quantity of methyl bromide that was ordered and delivered to purchasers
certifying its use solely for QPS applications. The report must include
the name of the methyl bromide distributor and address, and a contact
name and phone number for the distributor. The report must also identify
the supplying company from whom the methyl bromide is being purchased
solely for QPS applications.

### Form Instructions -- Distributor of QPS Methyl Bromide Quarterly Report (Form 1432.22-D-MB)

The Distributor Quarterly Report has one section:

Section 1 -- Distributor Information

Section 1 -- Distributor Information

1.1 [Date of Submission]{.underline}: Date the report is submitted to
EPA.

1.2 [Total Quantity of Methyl Bromide Delivered for Use in Certified QPS
Applications (kg)]{.underline}: Total quantity, in kilograms, that was
delivered by the distributor for use in certified QPS applications.

1.3 [Quarter and Year to Which this Report Applies]{.underline}: Check
the appropriate box and enter the appropriate year.

1.4 [Distributor Information]{.underline}: Name of the distributor and
the business address of the contact person for the report.

1.5 [Distributor Contact Identification]{.underline}: Name, telephone
number, and fax number of the company official who may be contacted by
EPA to answer questions concerning the report.

1.6 [Supplier Identification]{.underline}: Name of the supplier of
methyl bromide (the name of the supplying company from which the
quantity specified in Section 1.2 originated). This may or may not be
the company identified in Section 1.4.

1.7 [Signature of Reporting Distributor Representative]{.underline}:
Company official who is certifying that the total quantity of methyl
bromide listed in the form was exclusively sold for use in QPS
applications, and not sold or transferred to another person. This may or
may not be the company contact person identified in Section 1.5. The
person signing the form should read the \"certification\" that the
information on the form is accurate.

## CERTIFICATION OF QPS METHYL BROMIDE ORDER/ PURCHASE

Prior to delivery, purchasers of methyl bromide must certify to the
supplier company if the methyl bromide will be used solely for
quarantine and preshipment (QPS) applications and not be resold or used
in manufacturing. If the purchaser is the distributor, the distributor
must submit the certification to the producer or importer, as required
in §82.13(y)(1). If the purchaser is the applicator, the applicator must
submit the certification to the distributor of the methyl bromide, as
required in §82.13(y)(2).

Section 82.13(y) describes the regulatory requirements for certification
of QPS methyl bromide orders/ purchases. Terms such as "quarantine
applications" and "preshipment applications," are defined in regulations
(§82.3) or in Appendix E.

### Recordkeeping Requirements

Recordkeeping is required for distributors and applicators of methyl
bromide as well as every commodity owner, shipper or their agent
requesting an applicator to use methyl bromide for QPS purposes. Records
must be maintained for three years.

Section 82.13(y)(3) describes the recordkeeping requirements for
distributors of methyl bromide who receive a certification from an
applicator that the methyl bromide will be used solely for QPS purposes.

Section 82.13(z )(1) describes the recordkeeping requirements for
applicators of methyl bromide produced or imported solely for QPS
purposes.

Section 82.13(z)(2)(aa) describes the recordkeeping requirements for
commodity owners, shippers or their agents that request an applicator to
use methyl bromide solely for QPS applications.

### Reporting Requirements

Section 82.13(y)(1)-(2) and §82.13(z)(2) describe the reporting
requirements for distributors and applicators of methyl bromide produced
or imported solely for QPS purposes. A certification report must be
completed by any company purchasing methyl bromide and must subsequently
be maintained as records by both the purchaser and the supplier (the
form is not submitted to EPA). For the convenience of reporting
companies, EPA has provided *Form 1432.22-C-MB* as a recommended
certification form. The report was designed so to allow the distributor
receiving the form to track the quantities of exempt and non-exempt
methyl bromide. The report should include the name of the methyl bromide
customer and address, and a contact name and phone number for the
customer. The certification from the purchaser should also identify the
total quantity of methyl bromide ordered or purchased. The reporting
company representative should certify, by selecting the appropriate
check box, if the methyl bromide will or will not be exclusively used
for QPS applications.

Additionally, the commodity owner, shipper or their agent requesting an
applicator to use methyl bromide solely for QPS purposes must provide
documentation to the applicator that cites the regulatory requirement or
other official requirement that justifies the use of exempted methyl
bromide for QPS purposes. The documentation must certify knowledge of
the requirements associated with the exemption for QPS applications by
including a certification statement as provided in §82.13(z)(2)(aa).
There is no EPA recommended form for this documentation.

### Form Instructions -- Certification of Order/Purchase of QPS Methyl Bromide (Form 1432.22-C-MB)

The Methyl Bromide Certification Report has one section:

Section 1 -- Purchaser Identification and Methyl Bromide Use

Section 1 -- Purchaser Identification and Methyl Bromide Use

1.1 [Date of Submission]{.underline}: Date the report is submitted to
the supplier of the methyl bromide.

1.2 [Quantity of Methyl Bromide Ordered/Purchased (kg)]{.underline}: The
total quantity of methyl bromide, in kilograms, that was ordered or
purchased.

1.3 [Company Information]{.underline}: Name of the purchaser and the
business address of the contact person for the report.

1.4 [Company Contact Identification]{.underline}: Name, telephone
number, and fax number of the official at the purchasing company who may
be contacted by the supplier to answer questions concerning the report.

1.5 [Signature of Reporting Company Representative]{.underline}: Company
official who is certifying if the methyl bromide being purchased was or
was not solely for QPS applications and will not be resold or used for
manufacturing, and attesting to the accuracy of the report. This may or
may not be the company contact person identified in Section 1.5. The
person signing the form should select the appropriate check box and
should read the \"certification\" that the information on the form is
accurate.

[^1]: Note that the last two reports listed, the QPS Certification
    Report and the Critical Use Certification Report, are not submitted
    to EPA; they are provided as recommended formats to assist in other
    reporting requirements.