[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: 40CFR173.4]

[Page 268-269]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 173--PROCEDURES GOVERNING THE RESCISSION OF STATE PRIMARY ENFORCEMENT RESPONSIBILITY FOR PESTICIDE USE VIOLATIONS--Table of Contents
 
Sec. 173.4  Informal conference and settlement.

    (a) After receipt of a notice of intent to rescind, the State may 
request that an informal conference be held between appropriate State 
and EPA officials to discuss the findings made in the notice of intent 
to rescind. The informal conference shall then be held in the State.

[[Page 269]]

If the Administrator finds, on the basis of information submitted by the 
State at the conference, that the deficiencies specified in the notice 
did not exist or were corrected by the State, the Administrator shall 
issue an order withdrawing the notice of intent to rescind and 
terminating the rescission proceeding.
    (b) At any time after receipt of a notice of intent to rescind and 
before the issuance of a final order, the State and EPA may resolve the 
issues raised in the notice by agreement. Any settlement agreement shall 
be in writing and signed by the parties and shall:
    (1) Detail the deficiencies found in the State program;
    (2) Specify the steps the State has taken or will take to remedy the 
deficiencies; and
    (3) Set forth a precise schedule for each remedial action yet to be 
initiated.
    (c) If a written agreement is signed by the parties, the 
Administrator shall issue an order withdrawing the notice of intent to 
rescind and terminating the rescission proceeding. If the State does not 
comply with the terms of the settlement agreement, the Administrator may 
reissue the notice of intent to rescind.