[Code of Federal Regulations]
[Title 40, Volume 22]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR166.3]

[Page 185-186]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 166_EXEMPTION OF FEDERAL AND STATE AGENCIES FOR USE OF PESTICIDES 
UNDER EMERGENCY CONDITIONS--Table of Contents
 
                      Subpart A_General Provisions
 
Sec. 166.3  Definitions.

    Terms used in this part shall have the meanings established by the 
Federal Insecticide, Fungicide, and Rodenticide Act. In addition, as 
used in

[[Page 186]]

this part, the following terms shall also apply:
    (a) The term the Act means the Federal, Insecticide, Fungicide, and 
Rodenticide Act, as amended, 7 U.S.C. 136 et seq.
    (b) The terms the Agency and EPA mean the U.S. Environmental 
Protection Agency.
    (c) The term beneficial organism means any pollinating insect, or 
any pest predator, parasite, pathogen or other biological control agent 
which functions naturally or as part of an integrated pest management 
program to control another pest.
    (d) The term emergency condition means an urgent, non-routine 
situation that requires the use of a pesticide(s) and shall be deemed to 
exist when:
    (1) No effective pesticides are available under the Act that have 
labeled uses registered for control of the pest under the conditions of 
the emer gency; and
    (2) No economically or environmentally feasible alternative 
practices which provide adequate control are available; and
    (3) The situation:
    (i) Involves the introduction or dissemination of a pest new to or 
not theretofore known to be widely prevalent or distributed within or 
throughout the United States and its territories; or
    (ii) Will present significant risks to human health; or
    (iii) Will present significant risks to threatened or endangered 
species, beneficial organisms, or the en viron ment; or
    (iv) Will cause significant economic loss due to:
    (A) An outbreak or an expected outbreak of a pest; or
    (B) A change in plant growth or development caused by unusual 
environmental conditions where such change can be rectified by the use 
of a pesticide(s).
    (e) The term first food use refers to the use of a pesticide on a 
food or in a manner which otherwise would be expected to result in 
residues in a food, if no permanent tolerance, exemption from the 
requirement of a tolerance, or food additive regulation for residues of 
the pesticide on any food has been established for the pesticide under 
section 408 (d) or (e) or 409 of the Federal Food, Drug, and Cosmetic 
Act.
    (f) The term food means any article used for food or drink for man 
or animals.
    (g) The term new chemical means an active ingredient not contained 
in any currently registered pesticide.
    (h) The term significant economic loss means that, under the 
emergency conditions: for a productive activity, the profitability would 
be substantially below the expected profitability for that activity; or, 
for other types of activities, where profits cannot be calculated, the 
value of public or private fixed assets would be substantially below the 
expected value for those assets. Only losses caused by the emergency 
conditions, specific to the impacted site, and specific to the 
geographic area affected by the emergency conditions are included. The 
contribution of obvious mismanagement to the loss will not be considered 
in determining loss. In evaluating the significant of an economic loss 
for productive activities, the Agency will consider whether the expected 
reduction in profitability exceeds what would be expected as a result of 
normal fluctuations over a number of years, and whether the loss would 
affect the long-term financial viability expected from the productive 
activity. In evaluating the significance of an economic loss for 
situations other than productive activities, the Agency will consider 
reasonable measures of expected loss.
    (i) The term Special Review refers to any interim administrative 
review of the risks and benefits of the use of a pesticide conducted 
pursuant to the provisions of EPA's Rebuttable Presumption Against 
Registration rules, 40 CFR 162.11(a), or any subsequent version of those 
rules.
    (j) The term unreasonable adverse effects on the environment means 
any unreasonable risk to man or the environment, taking into account the 
economic, social, and environmental costs and benefits of the use of any 
pesticide.

[[Page 187]]