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§ 136t. Delegation and cooperation. 



(a) Delegation. 



All authority vested in the Administrator by virtue 

 of the provisions of this subchapter may with like 

 force and effect be executed by such employees of 

 the Environmental Protection Agency as the Ad- 

 ministrator may designate for the purpose. 



(b) Cooperation. 



The Administrator shall cooperate with Depart- 

 ment of Agriculture, any other Federal agency, and 

 any appropriate agency of any State or any political 

 subdivision thereof, in carrying out the provisions of 

 this subchapter, and in securing uniformity of regu- 

 lations. (June 25, 1947, ch. 125, § 22, as added Oct. 21, 

 1972, Pub. L. 92-516, § 2, 86 Stat. 996.) 



§ 136u. State cooperation, aid, and training. 



(a) Cooperative agreements. 



The Administrator Is authorized to enter into co- 

 operative agreement with States — 



( 1 ) to delegate to any State the authority to co- 

 operate in the enforcement of the subchapter 

 through the use of its personnel or facilities, to 

 train personnel of the State to cooperate in the 

 enforcement of this subchapter, and to assist 

 States in implementing cooperative enforcement 

 programs through grants-in-aid ; and 



(2) to assist State agencies in developing and ad- 

 ministering State programs for training and certi- 

 fication of applicators consistent with the stand- 

 ards which he prescribes. 



(b) Contracts for training. 



In addition, the Administrator is authorized to 

 enter into contracts with Federal or State agencies 

 for the purpose of encouraging the training of cer- 

 tified applicators. 



(c) The Administrator may. in cooperation with 

 the Secretary of Agriculture, utilize the services of 

 the Cooperative State Extension Services for inform- 

 ing farmers of accepted uses and other regulations 

 made pursuant to this subchapter. (June 25. 1947, ch. 

 125, § 23, as added Oct. 21, 1972, Pub. L. 92-516, § 2, 

 86 Stat. 996.) 

 § 136v. Authority of States. 



(a) A State may regulate the sale or use of any 

 pesticide or device in the State, but only if and to the 

 extent the regulation does not permit any sale or use 

 prohibited by this subchapter; 



(b) such State shall not impose or continue in 

 effect any requirements for labeling and packaging 

 in addition to or different from those required 

 pursuant to this subchapter; and 



(c) a State may provide registration for pesticides 

 formulated for distribution and use within that State 

 to meet special local needs if that State is certified by 

 the Administrator as capable of exercising adequate 

 controls to assure that such registration will be 

 in accord with the purposes of this subchapter and 

 If registration for such use has not previously been 

 denied, disapproved, or canceled by the Administra- 

 tor. Such registration shall be deemed registration 

 under section 136a of this title for all purposes of this 



subchapter, but shall authorize distribution and use 

 only within such State and shall not be effective for 

 more than 90 days if disapproved by the Adminis- 

 trator within that period. (June 25, 1947, ch. 125. 

 § 24, as added Oct. 21, 1972, Pub. L. 92-516, § 2, 86 

 Stat. 997.) 



§ 136w. Authority of Administrator, 

 (a) Regulations. 



(1) Authorization. 



The Administrator is authorized, in accordance 

 with the procedure described in paragraph (2) , to 

 prescribe regulations to carry out the provisions of 

 this subchapter. Such regulations shall take into 

 account the difference in concept and usage between 

 various classes of pesticides. 



(2) Procedure. 



(A) Proposed regulations. 



At least 60 days prior to signing any proposed 

 regulation for publication in the Federal Register, 

 the Administrator shall provide the Secretary of 

 Agriculture with a copy of such regulation. If the 

 Secretary comments in writing to the Adminis- 

 trator regarding any such regulation within 30 

 days after receiving it, the Administrator shall 

 publish in the Federal Register (with the proposed 

 regulation) the comments of the Secretary and the 

 response of the Administrator with regard to the 

 Secretary's comments. If the Secretary does not 

 comment in writing to the Administrator regard- 

 ing the regulation v/ithin 30 days after receiving it, 

 the Administrator may sign such regulation for 

 publication in the Federal Register any time after 

 such 30-day period notwithstanding the foregoing 

 60-day time requirement. 



(B) Final regulations. 



At least 30 days prior to signing any regulation 

 in final forrti for publication in the Federal Regis- 

 ter, the Administrator shall provide the Secre- 

 tary of Agriculture with a copy of such regulation. 

 If the Secretary comments in writing to the Ad- 

 ministrator regarding any such final regulation 

 within 15 days after receiving it, the Administrator 

 shall publish in the Federal Register (with the 

 final regulation) the comments of the Secretary, if 

 requested by the Secretary, and the response of the 

 Administrator concerning the Secretary's com- 

 ments. If the Secretary does not comment in writ- 

 ing to the Administrator regarding the regulation 

 within 15 days after receiving it, the Administrator 

 may sign such regulation for publication in the 

 Federal Register at any time after such 15 -day 

 period notwithstanding the foregoing 30-day time 

 requirement. 



(C) Time requirements. 



The time requirements imposed by subpara- 

 graphs (A) and (B) may be waived or modified to 

 the extent agreed upon by the Administrator and 

 the Secretary. 



(D) Publication in the Federal Register. 



The Administrator shall, simultaneously with 

 any notification to the Secretary of Agriculture 

 under this paragraph prior to the issuance of any 

 proposed or final regulation, publish such notifica- 

 tion in the Federal Register. 



