UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

WASHINGTON, D.C. 20460 

PEt 212011 

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 of Methyl Bromide for 2012 Critical Uses 

Dear Ms. Heinzman: 

I am writing in response to your November 23, 2011, letter to the United States Environmental 

Protection Agency on behalf of the Methyl Bromide Industry Panel representing producers and 

importers, in which you request that the EPA not enforce restrictions on methyl bromide production and 

import found at 40 CFR § 82.4 until such time as the EPA's Office of Air and Radiation issues a final 

rule that authorizes the production and import of methyl bromide for critical uses in 2012. In your letter, 

you explain that 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 at the Office of 

Management and Budget. I understand that without the production or importation of critical use methyl 

bromide in early 2012, critical users will have difficulty meeting their needs for early spring 

applications. The EPA recognizes, however, that the current regulations only authorize the production, 

importation or use of critical use methyl bromide through December 31, 2011. Thus, there is no current 

regulatory authorization to produce, import or use methyl bromide for critical uses in 2012. 

For the reasons outlined in your letter, the EPA will exercise its enforcement discretion not to pursue 

enforcement for violations of 40 C.F.R. § 82.4 against companies identified in the proposed 2012 critical 

use exemption rule as holders of critical use allowances or critical stock allowances for 2012, as long as 

they produce, import or use 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 on January 1, 2012, and is subject to 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 prior to the effective date of the 

final rule shall still count towards the company's 2012 allocation and, once the rule is effective, 

require the expenditure of2012 vintage critical use allowances for all methyl bromide used 

during calendar year 2012; 

Internet Address (URL). http://www.apa.gov 

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• Companies identified in the proposed rule must comply with all requirements of the 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 EPA reserves the right to revoke or modifY this no action assurance. 

The issuance of a no action assurance for this short period oftime is in the public interest as it will 

prevent disruptions in critical pest control activities. I believe that this action will not increase 

environmental harm, as no additional allowances are or will be allocated based on this action. 

If you have any further questions regarding this matter, please contact Charles Garlow, 202-564-1088. 

cc: 	 Gina McCarthy 

Assistant Administrator, Office ofAir and Radiation