4 TAC §19.2
The Texas Department of Agriculture (the department) proposes
an amendment to §19.2, concerning the use of methyl bromide in production
of forest seedlings. The amendment is made to recognize methyl bromide as
an official control treatment in production of forest seedlings. There are
five nurseries in the state that produce conifer and hardwood seedlings on
196 acres. This acreage is treated with methyl bromide prior to seeding to
ensure production of quality pest and disease-free seedlings. While most of
these seedlings are used for forestation in Texas, some are shipped to other
states. Managers of these nurseries have asked the department to recognize
methyl bromide as an official control treatment. This recognition by a state
agency would fulfill the United States Environmental Protection Agency's requirement
of Quarantine Applications use defined in Title 40, Code of Federal Regulations,
Section 82.3, related to the protection of stratospheric ozone. Furthermore,
the Quarantine Applications allow for the use of methyl bromide for managing
plant pests and diseases, which are not present in the state or if present,
they are not widely distributed and are officially controlled.
The signatories to the Vienna Convention on the protection of the ozone
layer (1987 Montreal Protocol) have recognized methyl bromide as one of the
compounds that depletes the ozone layer. The United States is a party to this
protocol, which provides a timetable, to reduce and eventually eliminate manmade
ozone-depleting substances, including methyl bromide. This protocol requires
a phase-out of methyl bromide production and consumption in developing countries,
including the United States, by the year 2005 and in the developing countries
by the year 2015. However, the protocol exempts quarantine and pre-shipment
(QPS) uses of methyl bromide from the phase-out requirements to prevent the
spread of plant pests and diseases.
The amendment to §19.2 allows the department to issue a phytosanitary
certificate or a permit for intrastate and interstate movement of forest tree
seedlings and denotes preference for the use of methyl bromide to produce
pest and disease free forest seedlings.
Dr. Shashank Nilakhe, state entomologist, has determined that for the first
five-year period the proposed amendment is in effect, there is no anticipated
fiscal impact on state or local government as a result of administration and
enforcement of the amended section, as proposed.
Dr. Nilakhe has also determined that for each year of the first five years
the proposed amendment is in effect, the public benefit anticipated as a result
of enforcing the amended section will be that the amendment will assist in
continual production of pest and disease free forest tree seedlings and facilitate
intrastate and interstate movement of these seedlings. There will be no cost
to micro-businesses or small businesses that will be required to comply with
the proposed amendment because nurseries already use methyl bromide to produce
pest and disease free forest tree seedlings.
Comments on the proposal may be submitted to Dr. Shashank Nilakhe, State
Entomologist, Texas Department of Agriculture, P.O. Box 12847, Austin, Texas
78711. Comments must be received no later than 30 days from the date of publication
of the proposal in the
Texas Register
.
The amendment is proposed under the Texas Agriculture Code, §71.001,
which authorizes the department to establish quarantines against out-of-state
diseases and pests; §71.002, which authorizes the department to establish
quarantines against in-state diseases and pests; and §71.007, which authorizes
the department to adopt rules as necessary to protect agricultural and horticultural
interests, including rules to provide for specific treatment of a grove or
orchard or of infested or infected plants, plant products, or substances.
The code affected by this proposal is the Texas Agriculture Code, Chapter
71.
§19.2.Inspection Certificates.
(a) - (e)
(No change.)
(f)
A phytosanitary certificate
or a permit may be issued by an inspector for intrastate and interstate shipments
of conifer and hardwood seedlings to verify that they are free of pests and
diseases, including cogongrass,
Imperata cylindrical
; tropical soda apple,
Solanum viarum
;
and sudden oak death,
Phytopthora ramorum
.
To ensure pest and disease-free plant material, the preferred method of treatment
is fumigation using methyl bromide in seedling plant beds prior to seeding.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on July 17, 2006.
TRD-200603772
Dolores Alvarado Hibbs
Deputy General Counsel
Texas Department of Agriculture
Earliest possible date of adoption: August 27, 2006
For further information, please call: (512) 463-4075