I

104TH CONGRESS

1ST SESSION H. R. 2230

To make a regulatory correction concerning methyl bromide to meet the

obligations of the Montreal Protocol without placing the farmers of

the United States at a competitive disadvantage versus foreign growers.

IN THE HOUSE OF REPRESENTATIVES

AUGUST 4, 1995

Mr. MILLER of Florida (for himself, Mr. DELAY, Mr. FAZIO of California, Mr.

ARCHER, Mr. BURR, Mr. CANADY of Florida, Mr. CONDIT, Mr. HERGER,

Mr. OXLEY, Mr. ROSE, Mr. STENHOLM, Mr. THOMAS, and Mr. DOOLEY)

introduced the following bill; which was referred to the Committee on

Commerce, and in addition to the Committee on Agriculture, for a period

to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee

concerned

A BILL

To make a regulatory correction concerning methyl bromide

to meet the obligations of the Montreal Protocol without

placing the farmers of the United States at a competitive

disadvantage versus foreign growers.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. FINDINGS.

4 Congress finds the following:
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1 (1) Methyl bromide is a broad spectrum pes2 ticide which protects plants and agricultural prod3 ucts from a wide range of insects, rodents, viruses,

4 fungi, weeds, and nematodes.

5 (2) American farmers depend on methyl bro6 mide to grow, store, ship, process, and trade over

7 100 different crops.

8 (3) The agricultural community has no safe, ef9 fective, commercially available alternatives to methyl

10 bromide. Some nonchemical pest control alternatives

11 have proven effective in small scale tests but are

12 largely untested, much less proven, for commercial

13 food production purposes. The Environmental Pro14 tection Agency’s Office of Prevention, Pesticides,

15 and Toxic Substances reports that few substitutes

16 exist, all of which pose potential human health and

17 environmental risks.

18 (4) In 1992, the Montreal Protocol on Sub19 stances Depleting the Ozone Layer was amended to

20 include methyl bromide. Subsequent peer-reviewed

21 research indicates that most methyl bromide is natu22 rally occurring, that a significant percentage never

23 reaches the ozone layer, and that methyl bromide

24 clearly does not pose the threat initially believed.
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1 Scientists agree that much is yet to be learned about

2 methyl bromide’s effect on stratospheric ozone.

3 (5) According to the 1992 Science Assessment

4 Report to the Montreal Protocol, agricultural use of

5 methyl bromide accounts for less than 3 percent of

6 the threat to the ozone layer, and a similar report

7 issued in 1994 notes that the Earth’s ozone layer

8 will return to normal by the middle of the next cen9 tury even if methyl bromide remains available to

10 farmers.

11 (6) In 1993, despite the importance of methyl

12 bromide, the lack of alternatives, and many scientific

13 uncertainties, the Environmental Protection Agency,

14 citing the Montreal Protocol, listed methyl bromide

15 as an ozone depleting chemical under the provisions

16 of the Clean Air Act and ordered United States pro17 duction frozen at 1991 levels and an end to produc18 tion by January 1, 2001.

19 (7) Given current alternatives, analysis at the

20 University of Florida predicts a 43 percent decline

21 in affected vegetable acreage in Florida. A 1993

22 United States Department of Agriculture study finds

23 that the ban will cost as much as $1,500,000,000 in

24 Florida, Georgia, California, North Carolina, and
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1 South Carolina, the 5 States where methyl bromide

2 is most utilized.

3 SEC. 2. CONTROL OF METHYL BROMIDE.

4 (a) DEFINITIONS.—For purposes of this section:

5 (1) The term ‘‘use as a pesticide’’ includes

6 farming and post-harvest uses.

7 (2) The term ‘‘pesticide’’ has the same meaning

8 as when used in the Federal Insecticide, Fungicide,

9 and Rodenticide Act.

10 (3) The term ‘‘control’’ means, with respect to

11 any substance, any ban, phase-out, or other restric12 tion on the production, importation, export, con13 sumption, or use of the substance.

14 (4) The term ‘‘Administrator’’ means the Ad15 ministrator of the Environmental Protection Agency.

16 (b) RESTRICTIONS ON EPA AUTHORITY.—Except as

17 provided in subsection (c) or (d), the Administrator may

18 not—

19 (1) control the production, importation, or ex20 port of the substance methyl bromide pursuant to

21 title VI of the Clean Air Act (42 U.S.C. section

22 7671–7671q) for consumption or use as a pesticide;

23 (2) control the consumption or use of methyl

24 bromide as a pesticide; or
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1 (3) require the labelling of any agricultural

2 product treated with methyl bromide.

3 (c) EXISTENCE OF SUBSTITUTES OR ALTER4 NATIVES.—The Administrator may take any action de5 scribed in paragraph (1), (2), or (3) of subsection (b), or

6 any combination of such actions, if the Secretary of Agri7 culture has certified by rule that there exist viable, cost8 effective substitutes or other alternatives to the consump9 tion or use of methyl bromide as a pesticide for specified

10 agricultural commodities and products. If the Secretary

11 has made a certification under this paragraph, a control

12 permitted pursuant to such certification shall apply only

13 with respect to those specified applications and to those

14 specified commodities and products for which the certifi15 cation is made.

16 (d) MONTREAL PROTOCOL.—The Administrator may

17 take any action described in paragraph (1), (2), or (3)

18 of subsection (b), or any combination of such actions, if

19 the United States is required by the Montreal Protocol

20 to implement a control on the production, importation, or

21 export of methyl bromide for consumption or use as a pes22 ticide or a control on the consumption or use of methyl

23 bromide as a pesticide. The applicability, contents and

24 timing of any such control—
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1 (1) shall be no more stringent or restrictive

2 than specifically required by the Montreal Protocol,

3 (2) shall be equally required of all parties to the

4 Montreal Protocol; and

5 (3) shall include all exemptions, exceptions, and

6 other flexibility (including exemptions for produc7 tion, importation, export, and consumption, for both

8 preshipment and quarantine uses) allowed by the

9 Montreal Protocol.

10 (e) INCONSISTENT EPA ACTIONS.—All rules, stand11 ards and other regulatory actions promulgated, published,

12 or otherwise issued by the Administrator of the Environ13 mental Protection Agency before the date of enactment

14 of this Act are repealed to the extent they impose a control

15 which is not specifically required by the Montreal Protocol.

16 (f) SAVINGS CLAUSE.—Nothing in this Act shall be

17 construed to affect the provisions of 40 C.F.R. §§82.9,

18 82.10, 82.11, and 82.12 (relating to Article 5 parties and

19 transfers), or any other regulatory provisions granting ex20 emptions, exceptions, or other flexibility not prohibited by

21 the Montreal Protocol.

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