A BILL TO BE ENTITLED
AN ACT to ban the use of methyl bromide in log fumigation operations in order TO PROTECT THE ENVIRONMENT and the public's health and safety.
Whereas, methyl bromide is a hazardous air pollutant and ozone‑depleting substance used in log fumigation operations; and
Whereas, methyl bromide has proven to be an extremely toxic airborne gas that can cause severe respiratory and neurological damage in humans; and
Whereas, due to its ozone‑depleting properties, most uses of methyl bromide were banned by the 1987 Montreal Protocol on Substances that Deplete the Ozone Layer and production and import of it was phased out on January 1, 2005; and
Whereas, the Environmental Protection Agency exempted the use of methyl bromide for quarantine and preshipment treatment of commodities such as whole logs from the Montreal Protocol ban based on a finding that this was an "essential use"; and
Whereas, the current process for log fumigation with methyl bromide emits to the atmosphere all the fumigant from the containers or enclosures where fumigation occurs; and
Whereas, workers operating the fumigation chambers or sites have a significant risk of both acute and chronic inhalation‑related health impacts; and
Whereas, these emissions are also known to travel long distances from fumigation sites to neighboring residential and commercial areas and expose the public to significant negative health effects; and
Whereas, because methyl bromide is a colorless, odorless gas, significant exposure and a delayed onset of adverse effects can occur in exposed populations beyond the boundary of log fumigation facilities; and
Whereas, there have been over 1000 documented poisoning incidents caused by methyl bromide, ranging from skin and eye irritation to death; and
Whereas, most fatalities and injuries have occurred when the chemical was used as a fumigant; and
Whereas, there are no federal or State air quality regulations to protect the public from acute and chronic inhalation exposure to methyl bromide from log fumigation operations; and
Whereas, the American Conference of Governmental Industrial Hygienists has recommended a threshold limit value‑time weighted average (TLV‑TWA) of 5 ppm averaged over an eight‑hour workday as a standard for prevention of adverse health effects in occupational exposure; and
Whereas, the Environmental Management Commission decided in January 2020 to proceed to public hearing on an Acceptable Ambient Level (AAL) that sets limits on emissions of methyl bromide beyond the fumigation facility boundary of 0.078 mg/m3 with a 24‑hour averaging time as an acute standard, and 0.005 mg/m3 with an annual averaging time as a chronic standard; and
Whereas, the Environmental Management Commission will finalize these AAL standards later this year; and
Whereas, exporters of whole logs have alternative options such as debarking and fumigation with less toxic substances to prepare logs for export; Now, therefore,
The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 143‑443(a) is amended by adding a new subdivision to read:
"(7)	Use methyl bromide as a fumigant for whole logs; provided that the Board may grant to any person, upon request, a temporary permit authorizing the person, until November 30, 2023, to use methyl bromide as a fumigant for whole logs."
SECTION 2.  The Pesticide Board shall adopt emergency rules pursuant to G.S. 150B‑21.1A to impose a standard of 5 ppm for average airborne exposure in any eight‑hour period for employees of any log fumigation operation issued a temporary permit under G.S. 143‑443(a)(7), as enacted by Section 1 of this act. The temporary permit shall also include all of the following:
(1)	Provisions requiring compliance with the acute and chronic Acceptable Ambient Level standards for control of emissions from log fumigation operations adopted by the Environmental Management Commission.
(2)	Monitoring of ambient emissions at the facility boundary by the permittee with at least monthly frequency. Monitoring results shall be reported both to the Board and the Division of Air Quality of the Department of Environmental Quality and, to the extent allowed by applicable law, shall be made available to the public by the Board.
SECTION 3.  The sum of fifty thousand dollars ($50,000) in nonrecurring funds for the 2020‑2021 fiscal year is appropriated to the Department of Agriculture and Consumer Services for implementation of this act.
SECTION 4.  Section 1 of this act becomes effective December 1, 2020. Section 3 of this act becomes effective July 1, 2020. The remainder of this act is effective when it becomes law.