The Environmental Protection Agency suggests allowing limited production of the pesticide methyl bromide in 2009 in a proposed rule to be published Nov. 28.

EPA is proposing to allow production of up to 1.6 million kilograms of methyl bromide, an odorless, colorless gas used as a pesticide that has been linked to ozone depletion. Methyl bromide production is regulated by the 1987 Montreal Protocol on Substances That Deplete the Ozone Layer, an international treaty that regulates use of ozone-depleting substances. The protocol required the phaseout of methyl bromide in developed countries by 2005, but it allowed exemptions for industries that do not have technologically and economically feasible alternatives.

Methyl bromide was added to the Montreal Protocol in 1992. The proposed rule would modify 40 C.F.R. Part 82, Subpart A, Appendix L to reflect the agreed critical use categories for the 2009 control period, which sets a maximum allowance of 3.9 million kg of methyl bromide production in 2009, 15 percent of the baseline levels set in 1991.

EPA is proposing to allow use of methyl bromide for growers of cucurbits, eggplant, some forest and orchard nurseries, ornamentals, peppers, strawberries, sweet potatoes, and tomatoes.

Additionally, EPA's proposed rule would authorize use of methyl bromide for rice millers, some pet food manufacturers, bakeries, dry cured pork products, and for pest control.

EPA announced May 2 that it was accepting applications for exemptions from the ban on methyl bromide to allow for continued critical uses of the fumigant in 2010 and beyond. Applications were due July 31. At the same time the agency solicited applications for 2011 and future years (73 Fed. Reg. 24,828; 86 DER A-16, 5/5/08). EPA will accept public comment on the proposed rule through Dec. 26. Comments can be submitted at http://www.regulations.gov and should be addressed to docket No. EPA-HQ-OAR- 2008-0009.