[Code of Federal Regulations]

[Title 40, Volume 23]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 40CFR154.1]



[Page 44-45]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 154_SPECIAL REVIEW PROCEDURES--Table of Contents

 

                      Subpart A_General Provisions

 

Sec.  154.1  Purpose and scope.









                      Subpart A_General Provisions



Sec.

154.1 Purpose and scope.

154.3 Definitions.

154.5 Burden of persuasion in determinations under this part.

154.7 Criteria for initiation of Special Review.

154.10 Petitions to begin the Special Review process.

154.15 Docket for the Special Review.



                          Subpart B_Procedures



154.21 Preliminary notification to registrants and applicants for 

          registration.

154.23 Proposed decision not to initiate a Special Review.

154.25 Public announcement of final decision whether to initiate a 

          Special Review.

154.26 Comment opportunity.

154.27 Meetings with interested persons.

154.29 Informal public hearings.

154.31 Notices of Preliminary Determination.

154.33 Notice of Final Determination.

154.34 Expedited procedures.

154.35 Finality of determinations.





[[Page 45]]





    Authority: 15 U.S.C. 136a, d, and w.



    Source: 50 FR 49015, Nov. 27, 1985, unless otherwise noted.







    (a) Purpose. The purpose of the Special Review process is to help 

the Agency determine whether to initiate procedures to cancel, deny, or 

reclassify registration of a pesticide product because uses of that 

product may cause unreasonable adverse effects on the environment, in 

accordance with sections 3(c)(6) and 6 of the Federal Insecticide, 

Fungicide, and Rodenticide Act (FIFRA). The process is intended to 

ensure that the Agency assesses risks that may be posed by pesticides, 

and the benefits of use of those pesticides, in an open and responsive 

manner. The issuance of a Notice of Special Review means that the Agency 

has determined that one or more uses of a pesticide may pose significant 

risks and that, following completion of the Special Review process, the 

Agency expects to initiate formal proceedings seeking to cancel, deny, 

reclassify, or require modifications to the registration of the 

product(s) in question unless it has been shown during the Special 

Review that the Agency's initial determination was erroneous, that the 

risks can be reduced to acceptable levels without the need for formal 

proceedings, or that the benefits of the pesticide's use outweigh the 

risks. Following completion of the Special Review process, a pesticide 

in question may be returned to the registration process.

    (b) Scope. This part sets forth the substantive standards for 

initiating a Special Review of a pesticide product and the procedures 

for initiating and conducting the Special Review.