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From: "Thompson, John E (OES)" <ThompsonJE2@state.gov> To: Ross Brennan/DC/USEPA/US@EPA Cc: Cindy Newberg/DC/USEPA/US@EPA, Jeremy Arling/DC/USEPA/US@EPA Date: 04/12/2010 03:49 PM Subject: RE: John - Re: FW: For EO 12866 Review: EPA's Final 2010 Critical Use Exemption for Methyl Bromide Phaseout

Thanks, I think this is fine with me but running it by the lawyers. Should be able to respond this week. John -----Original Message----- From: Brennan.Ross@epamail.epa.gov [mailto:Brennan.Ross@epamail.epa.gov] Sent: Monday, April 12, 2010 2:29 PM To: Thompson, John E (OES) Cc: Newberg.Cindy@epamail.epa.gov; Arling.Jeremy@epamail.epa.gov Subject: John - Re: FW: For EO 12866 Review: EPA's Final 2010 Critical Use Exemption for Methyl Bromide Phaseout John - Thanks for the note - sorry I didn't respond before you left town. There are really no issues raised by the final rule. Two things to note

- 1. Whereas the proposed rule reflected a new "no increase in new production" policy approach, the final rule does not, because the amount of the stockpile was large enough and thus we allocated more stocks, and less new production, than proposed. Therefore the final rule adheres very closely to the existing allocation approach, with no new policy wrinkles. 2. The only other change in the final rule reflects that MBTOC reversed its earlier assumption about iodomethane uptake for SE Strawberry nurseries, and changed its recommendation accordingly. The Parties gave us a supplemental authorization, which bumps up the U.S;. 2010 authorization slightly. Therefore I think you can feel quite comfortable concurring with the rule. If you see Dhol at the meeting, and want to tell her of your comfort and why, that might help her as she considers how to facilitate USDA's signoff. My assumption is that it will take her longer to sign off than you. Jeremy and I had a phone discussion with Heidi King of OMB today to acquaint her with the rule and facilitate her review. She seemed relieved that there were no major issues and told us she was eager to sign off this week, assuming State and USDA had signed off. So that's good news.Happy travels !

_____________________________________________ Ross Brennan, Chief Stratospheric Program Implementation Branch Office of Atmospheric Programs (202) 343-9226

From: Thompson, John E (OES)" <ThompsonJE2@state.gov> Sent: 04/08/2010 12:57 PM To: Cindy Newberg/DC/USEPA/US@EPA Cc: Ross Brennan/DC/USEPA/US@EPA Subject: FW: For EO 12866 Review: EPA's Final 2010 Critical Use Exemption for Methyl Bromide Phaseout I’m assuming one or both of you can tell me if there is anything I care about in this. Any deviations from past practice or pretty much same old stuff. I’m planning to clear with no comment (unless Jeff K spots something) but let me know if there are particular policy issues to address. From: King, Heidi R. [mailto:Heidi_R._King@omb.eop.gov] Sent: Thursday, April 08, 2010 9:45 AM To: Thompson, John E (OES); Dhol.Herzi@ARS.USDA.GOV; Smith, Russell; Poster, Dianne L. Cc: Lee, Amanda I.; Mancini, Dominic J. Subject: For EO 12866 Review: EPA's Final 2010 Critical Use Exemption for Methyl Bromide Phaseout Good morning, Attached for your review under EO 12866 is EPA’s draft final Critical Use Exemption from the Phaseout of Methyl Bromide. Please provide comments one week from today: COB Friday, 4/15. Thanks very much, Heidi X 54551[attachment "2010_CUE_Final_Rule_3-29-10.doc" deleted by Ross Brennan/DC/USEPA/US]