UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WASHINGTON, D.C. 20460 

# PEt 21 2011

ASSISTANT ADMINISTRATOR Ms. Tracy Heinzman FOR ENFORCEMENT AND COMPLIANCE ASSURANCE Wiley, Rein & Fielding, L.L.P. 1776 K Street, N.W. Washington, D.C. 20006 Re: No Action Assurance Regarding the Production ofMethyl Bromide for 2012 Critical Uses Dear Ms. Heinzman: I am writing inresponse to yourNovember 23, 2011, letter to the United States Environmental Protection Agency onbehalfofthe Methyl Bromide Industry Panel representing producers and importers, in which you request that the EPA not enforce restrictions on methyl bromideproduction and importfound at 40 CFR § 82.4 until such time as the EPA's Office ofAir and Radiation issues a final rule that authorizes the production and import ofmethyl bromide for critical uses in 2012. In your letter, you explainthat methyl bromide production and import is essential to ensure pest control in some vital agricultural sectors, including controlling infestations in domestic plantings and food supply operations. The EPA intends to promulgate a final critical use rule following interagency review atthe Office of Managementand Budget. I understand that withoutthe production or importation ofcritical use methyl bromide in early 2012, critical users will have difficulty meeting their needs for early spring applications. The EPA recognizes, however, thatthe currentregulations only authorize the production, importation oruse ofcritical use methyl bromide through December 31, 2011. Thus, there is no current regulatory authorization to produce, import oruse methyl bromide for critical uses in 2012. Forthereasons outlined inyour letter, the EPA will exercise its enforcement discretion not to pursue enforcement for violations of40 C.F.R. § 82.4 against companies identified in the proposed 2012 critical use exemption rule as holders ofcritical use allowances or critical stock allowances for 2012, as long as they produce, import oruse critical use methyl bromide for the proposed critical uses for 2012, in amounts not to exceed 379,872 kg for the critical use allowances and 131,541 kg for the critical stock allowances. This exercise ofdiscretion will begin onJanuary 1, 2012, and is subjectto the following conditions:
• Companies must continue to report 2011 and 2012 production and importation ofmethyl bromide to the EPA as required under the critical use regulations at 40 CFR § 82.13;
• Any critical use methyl bromide produced or imported in 2012 priorto the effective date ofthe final rule shall still count towards the company's 2012 allocation and, oncethe rule is effective, require the expenditure of2012 vintage critical use allowances for all methyl bromide used during calendaryear 2012;

Internet Address (URL). http://www.apa.gov RecycledJRecyclable
_ Printed with Vegetable Oil Based Inks on 100% Postconsumer. Process Chlorine Free Recycled Paper• Companies identified in the proposed rule must comply with all requirements ofthe proposed rule;
• This exercise ofdiscretion terminates upon the effective date ofthe final rule for 2012 or 11 :59 E.D.T., July 1,2012, whichever occurs earlier; and
• The EPAreserves the righttorevoke or modifY this no action assurance. The issuance ofa no action assurance for this shortperiod oftime is inthe public interest as it will prevent disruptions incritical pestcontrol activities. I believe thatthis action will not increase environmental harm, as no additional allowances are orwill be allocated based onthis action. Ifyou have any further questions regarding this matter, please contact Charles Garlow, 202-564-1088.

cc: GinaMcCarthy Assistant Administrator, Office ofAir and Radiation