[Code of Federal Regulations]
[Title 40, Volume 20]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR164.132]

[Page 182]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 164--RULES OF PRACTICE GOVERNING HEARINGS, UNDER THE FEDERAL 
 
Subpart D--Rules of Practice for Applications Under Sections 3 and 18 To 
            Modify Previous Cancellation or Suspension Orders
 
Sec. 164.132  Procedures governing hearing.

    (a) The burden of proof in the hearing convened pursuant to 
Sec. 164.131 shall be on the applicant and he shall proceed first. The 
issues in the hearing shall be whether: (1) Substantial new evidence 
exists and (2) such substantial new evidence requires reversal or 
modification of the existing cancellation or suspension order. The 
determination of these issues shall be made taking into account the 
human and environmental risks found by the Administrator in his 
cancellation or suspension determination and the cumulative effect of 
all past and present uses, including the requested use, and uses which 
may reasonably be anticipated to occur in the future as a result of 
granting the requested reversal or modification. The granting of a 
particular petition for use may not in itself pose a significant risk to 
man or the environment, but the cumulative impact of each additional use 
of the cancelled or suspended pesticide may re-establish, or serve to 
maintain, the significant risks previously found by the Administrator.
    (b) The presiding officer shall make recommendations, including 
findings of fact and conclusions and to the extent feasible, as 
determined by the presiding officer, the procedures at the hearing shall 
follow the Rules of Practice, set forth in subparts A and B of this part 
164.