. /.  WORLD TRADE  
ORGANIZATION  G/TBT/N/USA/76 
3 September 2004 
 (04-3664) 
Committee on Technical Barriers to Trade Original:  English 
  
NOTIFICATION 
 
The following notification is being circ ulated in accordance with Article 10.6. 
 
1. Member to Agreement notifying:   UNITED STATES
 
If applicable, name of local government involved (Articles 3.2 and 7.2):         
2. Agency responsible:   Environmental Protection Agency  (EPA) (78) 
Name and address (including telephone and fax numbers, e-mail and web-site addresses, if available) of  agency or authority designated to handle comments 
regarding the notification shall be  indicated if different from above:         
3. Notified under Article 2.9.2 [ X], 2.10.1 [   ], 5.6.2 [   ], 5.7.1 [   ], other:         
4. Products covered (HS or CCCN where applicable, otherwise national tariff heading. 
ICS numbers may be provided in  addition, where applicable):   Methyl Bromide 
(HS 3808 ) (ICS 13.040 ) 
5. Title, number of pages and langu age(s) of the notified document:   Protection of 
Stratospheric Ozone: Process for Exempting Cr itical Uses From the Phaseout of Methyl 
Bromide; Request for Information on Existing and Available Stocks of Methyl Bromide; 
Proposed Rule and Notice. ( 37 pages, in English) 
6. Description of content:   EPA is proposing to amend the accelerated phase-out regulations 
that govern the production, import, export, transf ormation and destruction of substances that 
deplete the ozone layer under the authority of Subchapter VI of the Clean Air Act (CAA), as amended. Today's proposed amendments provide  the framework for an exemption permitted 
under the Montreal Protocol on Substances that  Deplete the Ozone Layer (Protocol) and 
Subchapter VI of the CAA and specify the am ount of methyl bromide that may be supplied 
in 2005 from available stocks and new pr oduction and consumption to meet proposed 
critical uses. Specifically, EPA is proposing requirements to govern the ``critical use'' 
exemption from the production and consumption (defined as production plus imports minus 
exports) phase-out for quantities of class I, Group VI controlled substances (methyl bromide) that are produced or imported for critical uses. EPA is also proposing the list of uses that qualify for the critical use exemption in 2005, the amount of additional methyl 
bromide that may be produced or imported  for those uses in 2005, and limitations on the 
sale of existing inventories for use in critical  use categories that are a necessary condition 
applicable to those who are granted the privile ge in 2005 of obtaining a dedicated supply of 
methyl bromide from new production and impor ts for critical uses after the scheduled 
phase-out date. 
7. Objective and rationale, including the na ture of urgent problems where applicable:  
Protection of the environment 
8. Relevant documents:  69 Federal Register (FR) 52365 25 August 2004; Title 40 Code of 
Federal Regulations (CFR) Part 82.  Will a ppear in the Federal Register when adopted. G/TBT/N/USA/76 
Page 2  
 
9. Proposed date of adoption:   
Proposed date of entry into force:   }To be determined 
10. Final date for comments:   12 October 2004 
11. Texts available from:  National enquiry point [ X] or address, telephone and fax 
numbers, e-mail and web-site addresses, if available of the other body:   
Internet URLs: 
 HTML: 
http://a257.g.akamaitech.net/7/257/24 22/06jun20041800/edocket.access.gpo.gov/2004/04-
18933.htm  
 
PDF: 
http://a257.g.akamaitech.net/7/257/ 242/06jun20041800/edoc ket.access.gpo.gov/2004/pdf/0
4-18933.pdf