What does the Clean Air Act say about critical uses of methyl bromide?
While the 1990 Clean Air Act (CAA) did not permit a critical use exemption from the phaseout, Congress amended the CAA via Section 764 of the 1999 Omnibus Consolidated and Emergency Supplemental Appropriations Act (Public Law No. 105-277; October 21, 1998). The new Section 604(d)(6) of the CAA states that: “To the extent consistent with the Montreal Protocol, the Administrator, after notice and opportunity for public comment, and after consultation with other departments or institutions of the Federal Government having regulatory authority related to methyl bromide, including the Secretary of Agriculture, may exempt the production, importation, and consumption of methyl bromide for critical uses.” With this most recent amendment to the CAA, Congress authorizes EPA to provide a critical use exemption. The phrase “To the extent consistent with the Montreal Protocol” limits the exemption to specific uses which are agreed by the Protocol Parties to meet the criteria outlined in Decision
