[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: 40CFR166.40] [Page 190] 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 C--Crisis Exemptions Sec. 166.40 Authorization. The head of a Federal or State agency, the Governor of a State, or their official designee, may issue a crisis exemption in situations involving an unpredictable emergency situation when: (a) An emergency condition exists; and (b) The time element with respect to the application of the pesticide is critical, and there is not sufficient time either to request a specific, quarantine, or public health exemption or, if such a request has been submitted, for EPA to complete review of the request.