7 U.S.C. § 7719 — Methyl bromide
submitted 24 years ago by Pub. L. 106-224 to r/title-7-AGRICULTURE · 263 words · no verdicts yet
The Secretary must decide whether requested methyl-bromide treatments should be official controls, and may approve them only when no registered, effective, economically feasible alternative exists. The Secretary must pursue alternatives and keep a registry.
(a) Official treatment. At State*, local, or tribal authorities’ request, the Secretary* must decide whether their required methyl-bromide treatments to prevent plant* pests, including diseases, or noxious weeds should be authorized as an official control or requirement. The Secretary may not authorize them unless no other registered, effective, and economically feasible alternative is available.
(b) Alternatives. After consulting State, local, and tribal authorities, the Secretary must establish a program to identify alternatives. If no such alternative can currently be identified for a use, the Secretary must begin research to develop one.
(c) Registry. Within 180 days after May 13, 2002, the Secretary must publish and thereafter maintain a registry of State, local, and tribal requirements authorized under this section.
(d) Administration. (1) After issuing implementing regulations, the Secretary must decide a request under (a) within 90 days. (2) This section does not change EPA Administrator authority or give Agriculture authority under the Clean Air Act or its regulations.
The Secretary*, upon request of State*, local, or tribal authorities, shall determine whether methyl bromide treatments or applications required by State, local, or tribal authorities to prevent the introduction, establishment, or spread of plant* pests (including diseases) or noxious weeds should be authorized as an official control or official requirement. The Secretary shall not authorize such treatments or applications unless the Secretary finds there is no other registered, effective, and economically feasible alternative available.
The Secretary, in consultation with State, local and tribal authorities, shall establish a program to identify alternatives to methyl bromide for treatment and control of plant pests and weeds. For uses where no registered, effective, economically feasible alternatives available can currently be identified, the Secretary shall initiate research programs to develop alternative methods of control and treatment.
Not later than 180 days after May 13, 2002, the Secretary shall publish, and thereafter maintain, a registry of State, local, and tribal requirements authorized by the Secretary under this section.
Upon the promulgation of regulations to carry out this section, the Secretary shall make the determination required by subsection (a) not later than 90 days after receiving the request for such a determination.
Nothing in this section shall be construed to alter or modify the authority of the Administrator of the Environmental Protection Agency or to provide any authority to the Secretary of Agriculture under the Clean Air Act [42 U.S.C. 7401 et seq.] or regulations promulgated under the Clean Air Act.
Source credit: (Pub. L. 106–224, title IV, § 419, as added Pub. L. 107–171, title VII, § 7504(c), May 13, 2002, 116 Stat. 466.)
- 2002Enacted · Pub. L. 106-224 · 116 Stat. 466
A history note hasn’t been published yet. The record shows enactment by Pub. L. 106-224 on 2002-05-13.
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