US delays phase out for ozone depleting methyl bromide

A year on from the 1997 Montreal Protocol meeting where 167 nations signed an internationally binding agreement, concerns are still raised about the fate of the ozone-depleting fumigant methyl bromide. Janet Byron reports on possible back-sliding by the US on phase out dates, and the latest developments at the European Union.

Methyl bromide fumigation on strawberry fields in California , Photo: Barbara Dinham  

MBr phase out concerns in US
Buried in an omnibus budget bill signed 20 October, the United States  Congress extended the US phase-out date for the widely used fumigant  methyl bromide from 2001 to 2005. The move ‘harmonizes’ the US Clean Air Act with the United Nations Montreal Protocol on Substances that Deplete the Ozone Layer, an international treaty signed by 167 nations.  
    Environmental groups were outraged by the move, while farmers and pesticide manufacturers applauded the change as buying time to develop alternatives to methyl bromide.  
    “The environmental community is really unhappy,” Kristin Schafer of Pesticide Action Network said. But, she added, “We’re not going to have any more delays now.”  
    Ed Ruckert, counsel for the Crop Protection Alliance, a 38-member coalition that lobbied to extend the US methyl bromide phase-out date, called the rollback a “good first step, given what we were facing. It provides some brief relief.”  
    The US Clean Air Act Amendments of 1993 required a halt on production of ozone-depleting substances such as methyl bromide by 2001. The United Nations Environmental Programme/Montreal Protocol requires a complete ban in developed countries by 2005, and developing nations by 2015.  
    Looking for the silver lining on a dark cloud, Brad Erickson of Political Ecology Group said that if environmental groups had not pushed for the 2005 date during the 1997 Montreal Protocol deliberations, “we would have been five years further back. It would have been worse if not for the organizing that we all did.”  
    Methyl bromide is used extensively for preplanting soil fumigation of more than 100 commodities, as well as for post harvest, storage and structural fumigation. Farmers rely on methyl bromide to produce strawberries, tomatoes, cut flowers and dozens of other crops; many governments require fumigation of imports with methyl bromide to prevent pest infestations.  
    Opponents to the ozone-depleting methyl bromide say the toxic pesticide drifts, endangering public health. “This is not good news for communities, especially those near fields where methyl bromide is sprayed,” Jeanne Merrill of Pesticide Watch said.  
    Revising section 604 of the Clean Air Act, the legislation requires EPA to write rules for “reductions in, and terminate the production, importation and consumption of methyl bromide” on schedule with the Montreal Protocol. An exemption allows the Environmental Protection Agency (EPA):  

  • to authorize the production of limited quantities of methyl bromide solely for use in developing countries  

  • provides exemptions for fumigating commodities entering and leaving the United States in order to comply with sanitation or food-protection standards  

  • allows exemptions for “critical uses” of methyl bromide.

The director of the US EPA’s methyl bromide phase-out programme, Bill Thomas, said the process now “goes on a little bit longer, but it’s still moving.”  
    The new phase-out date has not relieved anxiety among grower groups. While the American Farm Bureau Federation is “very happy to get this done,” Dennis Stolte said the 2005 date “is not going to end the problem” of finding substitutes for the fumigant. The Montreal Protocol requires a 50% reduction in use by 2001, and 70% by 2003.  
    The new US phase-out date “fails to resolve the serious problems agriculture and trade will face if methyl bromide is banned in the United States,” said Peter Sparber, spokesman for the Methyl Bromide Working Group, an industry coalition.  
    Kenneth Vick, methyl bromide research coordinator for the US Department of Agriculture said, “We’d be hard-pressed to cover all the uses of methyl bromide under 2001 time frame.” At the same time, the 2005 deadline is “not less urgent.” USDA is currently spending US$14.7 million per year on research into methyl bromide alternatives.  
    The International Research Conference on Methyl Bromide Alternatives and Emissions Reduction will take place 7-9 December in Florida, US.

Better news from Europe  
The European Commission has adopted a proposal for a new regulation on ozone depleting substances (ODS), some 10 years after the international community agreed the first controls on such substances under the Montreal Protocol. This regulation was presented by Environment Commissioner Ritt Bjerregaard, who described the proposal as “the European Union’s (EU) final step in eliminating all ODS”. The new regulation will lead to significant environmental benefits through reduced future emissions of ozone depleting substances. The most important elements are a ban on the use and production of the methyl bromide by 2001. Methyl bromide can now be replaced by different alternatives in almost all its applications. However, since there is a need for further demonstration of the alternatives, the proposed regulation provides a temporary exemption for ‘critical uses’.  
    Although the Montreal Protocol is a success in terms of the number of Parties which have ratified and the far-reaching measures they have undertaken, the ozone layer is still severely depleted. An ozone hole appears each year over Antarctica and ozone losses of up to 40% have been observed over northern Europe during recent winters. Ozone depletion leads to increased ultra-violet radiation which causes skin cancers, cataracts, reduces growth of crops and harms both aquatic and terrestrial ecosystems. While ozone depletion is expected to peak during the next decade, recovery will not take place until after 2050 and is contingent on full compliance with the Protocol.  
    On adoption Mrs Bjerregaard said: “This proposal constitutes an important mile-stone in EU policy to protect the global atmosphere. By phasing out all ozone-depleting substances in the EU, it sends a clear message to the rest of the world that ozone depleting substances belong to a technology of the past. Those involved in production and use of these substances now have the necessary legal framework within which they can assume their responsibilities for a better environment”.  
    As a result of the Montreal Protocol the rate of deterioration of the ozone layer is slowing down, although the worst ozone depletion is still ahead. Given full compliance with the Protocol, the ozone layer is expected to recover around the middle of the next century.  
    The new Regulation implements recently agreed adaptations to the Montreal Protocol into EU legislation.

US news reported by journalist Janet Byron; and European Commission, IP/98/594. 1 July 1998.  

[This article first appeared in Pesticides News No.42, December 1998, page 11]