[Code of Federal Regulations]
[Title 40, Volume 21]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR162.154]

[Page 159-160]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 162--STATE REGISTRATION OF PESTICIDE PRODUCTS--Table of Contents
 
Subpart D--Regulations Pertaining to State Registration of Pesticides To 
                        Meet Special Local Needs
 
Sec. 162.154  Disapproval of State registrations.

    (a) General disapprovals. (1) Except as provided in paragraph (b) of 
this section, the Administrator may disapprove, on any reasonable 
grounds, any state registration which, when compared to a federally 
registered product, does not have both a similar composition and a 
similar use pattern; provided that the Administrator may not disapprove 
such a registration solely because of a lack of essentiality. Grounds 
for disapproval of State registrations not involving similar products 
may include, but are not limited to:
    (i) Probable creation of unreasonable adverse effects on man or the 
environment by the registered use.
    (ii) Refusal of the registering State to submit information 
supporting the registration as required by Sec. 162.153(h).
    (iii) Failure of information submitted by the State to support the 
State's decision to issue the registration under standards established 
by Sec. 162.153.
    (2) Prior to disapproval of any State registration under this 
paragraph, the Administrator shall notify the registering State, in 
writing, of the Administrator's intent to disapprove, and of the reasons 
for disapproval. The notice of intent will provide a reasonable time, 
not less than ten days from the date the notice is received by the 
State, for the State to respond, and will invite the State to consult 
with the Administrator or his designee. If the grounds for disapproval 
are based on actions or omissions by the State, the notice will, if 
possible, also provide the State with a reasonable amount of time in 
which to take corrective action, not to exceed the time allowed for 
disapproval under paragraph (c) of this section.
    (3) The registering State may, within ten days of receipt of a 
notice of intent to disapprove, request that the Administrator, or his 
designee, consult with appropriate State officials prior to the 
Administrator's final decision on disapproval. The Administrator will 
consider any relevant information presented at such a consultation, or 
in any other timely and appropriate fashion, in deciding whether to 
withdraw the notice of intent to disapprove.
    (b) Special disapprovals. (1) The Administrator may disapprove any 
State registration, including a registration for a similar product, at 
any time, if the Administrator determines that use of the product under 
the State registration:
    (i) Would constitute an imminent hazard.
    (ii) May result in a residue on food or feed exceeding, or not 
covered by, a tolerance, exemption, or other clearance under the Federal 
Food, Drug and Cosmetic Act (21 U.S.C. 346a et seq.).
    (2) If the Administrator disapproves a registration under this 
paragraph, the Administrator shall provide the registering State with 
written notification of disapproval, in accordance with paragraph (c) of 
this section, as soon thereafter as practicable. Such notification will 
specify the grounds for disapproval and invite the State to comment on 
the decision.
    (3) If requested by the State within ten days of its receipt of a 
notice of disapproval, the Administrator, or his designee, will consult 
with appropriate State officials. The Administrator may consider any 
information presented at such a consultation, or in any other 
appropriate fashion, in determining

[[Page 160]]

whether the disapproval should be rescinded.
    (c) Decision and notification of disapproval. Except as provided in 
paragraph (b)(1) of this section, the Administrator will make a final 
decision on disapproval of a State registration, and provide written 
notification thereof to the State, within 90 days of the effective date 
of the registration; provided that, if the State does not notify the 
Agency of a registration within ten days of its effective date, then the 
Administrator will make a final decision on disapproval within 90 days 
of the date on which EPA receives notification of the State 
registration. The notice of disapproval will specify an appropriate date 
on which the disapproval will become effective. Disapproval may become 
effective immediately, or at anytime within the period allowed for the 
Administrator to make a final decision on disapproval. The notice of 
disapproval will also, when appropriate, give instructions for use or 
disposal of the pesticide. Each notice of disapproval will be published 
in the Federal Register.
    (d) Effect of disapproval. If a registration issued by a State is 
disapproved by the Administrator, that registration will not be valid 
for any purpose under FIFRA, as of the date the disapproval becomes 
effective. Thereafter, distribution or sale of the pesticide, in either 
interstate or intrastate commerce, for uses subject to the disapproval 
will be a violation of sec. 12(a)(1) of FIFRA.
    (e) Rescission of disapproval. If the Administrator determines, 
after consultation with the State lead agency, that a registration, 
previously issued by the State and disapproved by the Administrator, 
should not have been disapproved under FIFRA, then the Administrator 
shall rescind the disapproval. The Administrator shall send written 
notification of the rescission to the State. In addition, the 
Administrator shall publish notice of any rescission of disapproval in 
the Federal Register.
    (f) Notification of registrants. Any State that issues a 
registration which has been disapproved, or which is subject to a notice 
of intent to disapprove, shall be responsible for notifying the affected 
registrant of any such notice of intent or disapproval, and of any 
recession of disapproval by the Administrator.