[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: 40CFR166.30]

[Page 188-189]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 166--EXEMPTION OF FEDERAL AND STATE AGENCIES FOR USE OF PESTICIDES UNDER EMERGENCY CONDITIONS--Table of Contents
 
      Subpart B--Specific, Quarantine, and Public Health Exemptions
 
Sec. 166.30  Notice of Agency decision.

    (a) Notification of applicants. The Agency shall notify an applicant 
of its decision to approve or deny an application request for an 
emergency exemption in a timely manner.
    (1) Incomplete applications. The Agency may discontinue the 
processing of any application which does not contain all of the 
information required by Sec. 166.20 until such time the additional 
information is submitted by the applicant.
    (2) Complete applications--(i) Denials. The Agency shall provide the 
specific reasons and rationale for denying the exemption request. If the 
denial is based on a specific information gap, the decision shall be 
reconsidered in a timely manner when the information gap is filled.
    (ii) Approvals. The Agency shall provide the specific terms and 
conditions under which the exempted pesticide may be used.
    (b) Notification of FDA, USDA, and State health officials. If a use 
authorized under a specific, quarantine, or public health exemption will 
result in residues of the pesticide chemical in or on food, the Agency 
shall notify the Food

[[Page 189]]

and Drug Administration, U.S. Department of Health and Human Services, 
and the Food Safety and Inspection Service, U.S. Department of 
Agriculture, as appropriate, of the level of residues expected to 
result. Additionally, the Agency shall ensure that State health and food 
officials, as appropriate, are also provided with the information 
specified in this paragraph.
    (c) Federal Register publication. (1) At least quarterly, the 
Administrator shall issue a notice in the Federal Register announcing 
all approvals of specific, quarantine, and public health exemptions. The 
notice shall contain all of the following:
    (i) The name of the applicant;
    (ii) The pesticide authorized for use;
    (iii) The crop or site to be treated; and
    (iv) The name, address, and telephone number of a person in the 
Agency who can provide further information.
    (2) In addition, if EPA has issued a Notice of Receipt of an 
application for an exemption, it will issue a notice of its final 
decision and the reasons for that decision.