[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: 40CFR173.8]

[Page 270]
 
                   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. 173.8  Final order.

    (a) If the State does not request a hearing within the sixty-day 
time period and the Administrator has not issued an order withdrawing 
the notice of intent to rescind, the Administrator shall issue a final 
order as soon as practicable after the time for public comment on the 
notice of intent to rescind has elapsed. The final order shall either 
withdraw the notice of intent to rescind and terminate the proceeding or 
rescind, in whole or in part, the State's primary enforcement 
responsibility for pesticide use violations.
    (b) If a hearing has been held and the Presiding Officer has made a 
recommended decision, then either the Office of Enforcement or the State 
may appeal the recommended decision to the Administrator or the 
Administrator may elect to review the recommended decision on his own 
initiative.
    (c) After an appeal or sua sponte review the Administrator shall 
issue a final order terminating the rescission proceeding or rescinding, 
in whole or in part, the State's primary enforcement responsibility for 
pesticide use violations.
    (d) In no event may the Administrator issue his final decision 
sooner than ninety (90) days after service of the notice of intent to 
rescind on a State.
    (e) Any final order, or a recommended decision which becomes a final 
order under Sec. 173.7(c), shall be published in the Federal Register.