[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: 40CFR172.59]

[Page 267-268]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 172--EXPERIMENTAL USE PERMITS--Table of Contents
 
   Subpart C--Notification for Certain Genetically Modified Microbial 
                               Pesticides
 
Sec. 172.59  Enforcement.

    (a) Imminent threat of substantial harm to health or the 
environment. The use of a microbial pesticide in small-scale testing 
covered by this subpart (whether subject to the notification 
requirements of Sec. 172.45(c) or exempt under Sec. 172.45(d)) in a 
manner that creates an imminent threat of substantial harm to health or 
the environment is prohibited, and is considered a violation of section 
12(a)(2)(S) of the Act.
    (b) EPA response to violations. Under section 14 of the Act, EPA may 
seek civil or criminal penalties for violations of the Act. Failure to 
comply with the regulations in this part could result in civil or 
criminal penalties. Moreover, under sections 14 and 16(c) of the Act, 
EPA may at any time take appropriate action against violators to

[[Page 268]]

prevent or otherwise restrain use of a microbial pesticide in small-
scale testing if it is determined that:
    (1) Such use would create an imminent threat of substantial harm to 
health or the environment that is prohibited under paragraph (a) of this 
section; or
    (2) The terms or conditions on which approval of the testing was 
granted under this subpart C are violated.