[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: 40CFR173.3]

[Page 268]
 
                   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. 173.3  Initiation of rescission proceedings.

    (a) Whenever the Administrator determines that a State having 
primary enforcement responsibility for pesticide use violations is not 
carrying out such responsibility, or cannot carry out such 
responsibility due to the lack of adequate legal authority, the 
Administrator shall notify the State in writing of his intent to rescind 
its primary enforcement responsibility, in whole or in part, by serving 
upon the State a notice of intent to rescind.
    (b) The notice of intent to rescind shall:
    (1) Specify those aspects of the State's pesticide use enforcement 
program determined to be inadequate;
    (2) Specify the facts which underlie the findings contained in the 
rescission notice;
    (3) Have attached thereto copies of any relevant documents 
discoverable under the Federal Rules of Civil Procedure and the Freedom 
of Information Act which contain data relied upon by the Administrator 
in making his decision to issue the notice;
    (4) Have attached thereto a copy of this part; and
    (5) Be sent to the State by certified mail, return receipt 
requested.
    (c) The State may respond in writing to the findings specified in 
the notice of intent to rescind.