7 U.S.C. § 7719: Methyl bromide

Summary

When a State, local, or tribal government asks, the Secretary must decide whether a required use of methyl bromide to stop plant pests, diseases, or noxious weeds can be officially allowed. The Secretary can only allow such uses if there is no other registered, effective, and economically feasible alternative. The Secretary must work with those governments to set up a program to find alternatives and start research where none exist. Within 180 days after May 13, 2002, the Secretary must publish and keep a list of authorized requirements. After rules are issued, the Secretary has 90 days to make each decision. This does not change the EPA Administrator’s authority or give the Secretary any Clean Air Act powers.

Title 7, §7719

Agriculture, Source: USLM XML via OLRC

(a)In general

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)Methyl bromide alternative

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)Registry

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)Administration

(1)Timeline for determination

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)Construction

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