[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: 40CFR172.26]

[Page 261-262]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 172--EXPERIMENTAL USE PERMITS--Table of Contents
 
          Subpart B--State Issuance of Experimental Use Permits
 
Sec. 172.26  EPA review of permits.

    (a) Notification of State action. (1) Within 10 days after the 
issuance of an experimental use permit, the designated State agency 
shall notifiy EPA of the action by forwarding to the appropriate EPA 
Regional Office a copy of the permit, a description of the experimental 
program to be conducted under the terms of the permit, a copy of the 
approved labeling, and a copy of the confidential statement of formula 
for any new product.
    (2) Within 10 days after amendment or revocation of an experimental 
use permit by a State, the designated State agency shall notify the 
appropriate EPA Regional Office in writing of the amendment or 
revocation. The notice shall include a brief explanation of the reason 
for the amendment or revocation. If amendments to permits include 
changes in the approved labeling, the designated State agency shall also 
forward a copy of the amended labeling.
    (3) EPA shall give notice in the Federal Register of State issuance 
of experimental use permits.
    (b) Reports. The designated State agency shall submit the following 
reports to EPA:
    (1) An annual report covering the number of permits issued, the 
names and addresses of permittees, the names of the products covered by 
permits, and the State permit numbers issued;
    (2) Reports, as requested by EPA, containing any information that 
EPA may determine necessary to ensure that a State has acted in 
compliance with provisions of FIFRA and this subpart; and
    (3) Reports of any serious adverse effect(s), as soon thereafter as 
possible, from use of, or exposure to, a pesticide used pursuant to an 
experimental use permit.
    (c) Revocation by EPA. (1) The Administrator may revoke an 
experimental use permit issued under this subpart if he finds:
    (i) That its terms and conditions are being violated;
    (ii) That its terms and conditions are inadequate to avoid 
unreasonable adverse effects on the environment;
    (iii) That new evidence demonstrates that any tolerance or food 
additive regulation upon which the permit is based

[[Page 262]]

will be inadequate to protect the public health, or that any exemption 
from the requirement for a tolerance or food additive regulation is no 
longer appropriate; or
    (iv) That a failure by the permittee to meet any other provisions of 
FIFRA or this subpart has occurred.
    (2) The Administrator shall, prior to revoking a State experimental 
use permit, consult with the State agency which issued the permit, 
except in cases where continued use of the pesticide under the permit 
would create an imminent hazard to man or the environment.
    (3) The Administrator shall notify the designated State agency, in 
writing, of the revocation, and the State agency shall notify the 
permittee, also in writing, of the revocation.
    (4) The permittee shall notify all participants of the revocation 
within 10 days after he receives notice of revocation.
    (5) The revocation of a permit shall not preclude the Administrator 
from initiating civil or criminal sanctions for violations of the permit 
conditions or other violations, as authorized by law.
    (6) If a permittee wishes to contest the revocation of a State 
experimental use permit, he shall, within 30 days after receipt of 
notice of such revocation, file with the Administrator a written request 
for an opportunity to confer with the Administrator or his designee. The 
revocation of the permit shall remain effective pending the outcome of 
any conference requested under this paragraph.
    (7) If a permittee requests a conference under paragraph (c)(6) of 
this section, the Administrator shall provide the permittee:
    (i) With information as to the time, place and nature of the 
conference, and of the matters of fact and law asserted by the Agency as 
grounds for the revocation action;
    (ii) An opportunity to offer a written statement of facts, 
explanations, and arguments relevant to the revocation action;
    (iii) All other procedural opportunities to which the permittee may 
be entitled by law.
    (8) The Administrator shall notify the affected permittee and State 
Agency, in writing, of his final decision on the revocation matter as 
expeditiously as possible and shall attempt to do so within 30 days 
after the conclusion of a conference conducted under paragraph (c)(7). 
The Administrator shall also provide the permittee and the State agency 
with a written statement of the reasons for his decision, which shall 
take into account the evidence presented pursuant to paragraph 
(c)(7)(ii) of this section.
    (9) A decision to revoke a permit under paragraph (c)(8) of this 
section is a final Agency action subject to judicial review as provided 
by law.