Sec. 27. [136w-2] Failure by the State to Assure Enforcement of State Pesticide Use Regulations.

(a) Referral.--Upon receipt of any complaint or other information alleging or

indicating a significant violation of the pesticide use provisions of

this Act, the Administrator shall refer the matter to the

appropriate State officials for their investigation of the matter

consistent with the requirements of this Act. If, within thirty

days, the State has not commenced appropriate enforcement action, the

Administrator may act upon the complaint or information to the extent

authorized under this Act.

(b) Notice.--Whenever the Administrator determines that a State having primary

enforcement responsibility for pesticide use violations is not carrying

out (or cannot carry out due to the lack of adequate legal authority)

such responsibility, the Administrator shall notify the State. Such

notice shall specify those aspects of the administration of the State

program that are determined to be inadequate. The State shall have

ninety days after receipt of the notice to correct any deficiencies. If

after that time the Administrator determines that the State program

remains inadequate, the Administrator may rescind, in whole or in part,

the State's primary enforcement responsibility for pesticide use

violations.

(c) Construction.--Neither section 26 of this Act nor this section shall limit

the authority of the Administrator to enforce this Act, where the

Administrator determines that emergency conditions exist that require

immediate action on the part of the Administrator and the State

authority is unwilling or unable adequately to respond to the emergency.