Critical use exemptions for methyl bromide announced

Issue Date: December 22, 2004

By Robyn Rominger

Limited amounts of an important agricultural fumigant will remain available to U.S. farmers in 2005, after international negotiators granted the United States' request to continue using methyl bromide.

Under an international agreement, methyl bromide is being phased out due to concerns about possible effects on the Earth's ozone layer. About 180 countries including the United States have signed the United Nations' 1987 Montreal Protocol on Substances that Deplete the Ozone Layer. "Non-critical" uses of methyl bromide will be banned in the United States and other developed countries on Jan. 1, and in developing countries in 2015.

A process was set up to allow farmers to continue using methyl bromide beyond the phase-out date, if no economically viable alternatives have been developed. Examples of California commodities for which a "critical use exemption" has been granted include strawberries and dry beans.

Last week, the parties to the protocol granted critical use exemptions to about a dozen nations, including the United States, at a rate of 37 percent, or 5,550 tons, of the 15,000 tons used in 1991. The exemption is based on the levels of methyl bromide that farmers used in that year.

The specific percentage is negotiated by the parties of the Montreal Protocol on an annual basis. With the CUE established for 2005, the U.S. Environmental Protection Agency then decided how to allocate it to farmers, granaries and others who use methyl bromide to kill insects and weeds.

"The UN determines the percentage for critical use exemptions, but the EPA decides how to allocate it," Emily Robidart, CFBF director of farm policy, said.

Last week, the EPA released the final rule on CUEs.

"After Jan. 1, end-users of methyl bromide that meet specified critical use criteria will be able to purchase methyl bromide from their supplier," Robidart said. "However, they must certify that they will use it solely for critical uses."

After the federal agency released the final rule, Rodger Wasson, president of the California Strawberry Commission, said, "It looks like EPA has done a good job in trying to be fair and reasonable in the approach."

Citing a lack of economically feasible alternatives, California strawberry growers were successful in negotiating an increased allocation of methyl bromide in 2005.

Last month, the parties to the Montreal Protocol went to the Czech Republic city of Prague and negotiated how much methyl bromide will be allowed in 2006. That figure is tentatively set at 27 percent of the 1991 baseline amount. Wasson and other commodity group representatives attended the meeting in Prague, along with members of Congress, congressional staff, EPA staff and other Bush administration officials.

Each year, the United States and other countries must reapply for exemptions. The United States faces its share of challenges during the international negotiations.

"The process of getting our allowance from the UN has become highly politicized," Robidart said. "The current set of standards lacks science-based decision-making. We continue to hope for a consistent, reliable set of standards that are equitable to all parties involved."

Robidart noted that members of Congress attended the meeting in Prague.

"Congressmen Darrell Issa of California (R-Vista) and Mark Foley (R-Fla.) went to the meeting in Prague," she said. "So did key congressional staff. They were allowed to go into meetings that were previously not open to U.S. stakeholders. We appreciate the attendance of members of Congress?they help set the tone for negotiations."

Farmers continue to seek alternatives to methyl bromide.

"There's not one alternative that would work for all crops like methyl bromide does, but there are different alternatives that work for certain sectors," Robidart said.

The California Strawberry Commission has been very active in pursuing alternatives, sponsoring numerous studies on various chemicals and cultural methods, and exploring the feasibility of establishing mitigation plans that would improve air quality.

"Up to 30 percent last year was treated with alternatives," Wasson said. "This year we're going to be up around 36 percent. We're making progress."

Nevertheless, agricultural groups stress the need for continued access to methyl bromide in the short term.

Paul Paulen is the general manager of Cal-Bean & Grain Cooperative Inc. in Pixley. The co-op fumigates black-eyed beans and garbanzos with methyl bromide for 12 hours to kill weevils.

"Methyl bromide is very effective upon the bean weevil and its eggs," explained Paulen, who attended methyl bromide negotiations in Montreal last spring.

Phosphene gas is available, but it is not an economically feasible alternative, he said. It takes twice as long to fumigate the beans with phosphene gas, which would require that the co-op construct new fumigation facilities.

"That's what makes methyl bromide so critical to our operation and the way we function today," he said. "When you look at methyl bromide, the time constraints work within the present facility that we have. For us, a small farming organization supplying 75 percent of the blackeyes that come out of California, monetarily speaking, we cannot afford to make that type of investment. We would close the doors and blackeyes would be grown elsewhere."

Noting that developing countries such as Mexico and China will be allowed to use methyl bromide for 10 more years, Paulen added, "China is building one of the biggest methyl bromide facilities in the world. You don't think they're planning on using it long-term?"

(Robyn Rominger is a reporter for Ag Alert. She may be reached at rrominger@cfbf.com.)

Permission for use is granted, however, credit must be made to the California Farm Bureau Federation when reprinting this item. Top