§7719 — Title 7 Agriculture | U.S. Code

Summary

When state, local, or tribal officials ask, the Secretary must decide if methyl bromide uses they require to stop or control plant pests or noxious weeds can be approved as official controls. The Secretary may approve them only if there is no other alternative that is registered, effective, and economically feasible. The Secretary must work with those officials to find alternatives and start research where none exist. Not later than 180 days after May 13, 2002, the Secretary must publish and keep a registry of authorized requirements. After issuing rules, the Secretary must make the decision above within 90 days of a request. This does not change the EPA Administrator’s authority under the Clean Air Act.

Title 7, §7719

Agriculture — Source: USLM XML via OLRC

(a)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.

(b)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.

(c)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.

(d)(1)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.

(2)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.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Clean Air Act, referred to in subsec. (d)(2), is act July 14, 1955, ch. 360, 69 Stat. 322, which is classified generally to chapter 85 (§ 7401 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see

Short Title

note set out under section 7401 of Title 42 and Tables.

§7719 Methyl Bromide