[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: 40CFR162.155]



[Page 160-162]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 162_STATE REGISTRATION OF PESTICIDE PRODUCTS--Table of Contents

 

Subpart D_Regulations Pertaining to State Registration of Pesticides To 

                        Meet Special Local Needs

 

Sec.  162.155  Suspension of State registration authority.



    (a) General. (1) If the Administrator finds that a State is not 

capable of exercising, or has failed to exercise, adequate control over 

its registration program, so that the State cannot ensure that 

registrations issued by it will be in accord with the purposes of FIFRA, 

then the Administrator may suspend the State's authority to register 

pesticides under sec. 24(c) of the Act. Registrations issued by the 

State after suspension of its authority will not be considered valid 

under FIFRA. Registrations issued by the State prior to suspension will 

not be affected by the suspension.

    (2) The Administrator may suspend all or any part of a State's 

registration authority, as appropriate.

    (b) Grounds for Suspension. (1) The Administrator may suspend a 

State's registration authority due to lack of, or failure to exercise, 

adequate control by the State over its sec. 24(c) registration program. 

Adequate control includes, but is not limited to, all of the following:

    (i) Access to appropriate scientific and technical personnel to 

review data and make determinations as required by Sec.  162.153.

    (ii) Registration procedures satisfying Sec.  162.153.

    (iii) Complete and accurate records of State registrations.

    (iv) Adequate legal authority. (A) To deny, suspend, revoke, or 

amend a State registration when the registration is not in compliance 

with FIFRA, this subpart, or State law, or when necessary to prevent 

unreasonable adverse effects on the environment.

    (B) To enter, at reasonable times, by consent, warrant, or other 

legal means, any establishment where pesticides are produced or held for 

distribution or sale, to inspect, sample, and observe



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whether pesticides are being produced or distributed in compliance with 

FIFRA, this subpart, State law, and the terms of any State registration.

    (2) The Administrator may suspend a State's registration authority 

if the State fails to exercise the controls specified in paragraph 

(b)(1) of this section, or if the State refuses to correct within a 

reasonable time any other significant deficiencies in its regulatory 

program, as specified by the Administrator in a notice of intent to 

suspend.

    (c) Procedures for Suspension. (1) Prior to suspending the 

registration authority of any State, the Administrator will notify the 

State lead agency, in writing, of the Administrator's intent to suspend, 

and of the specific grounds for suspension. The notice of intent will 

specify whether the suspension will be complete or partial, and will 

provide the State an opportunity to respond and a reasonable amount of 

time, not less than 30 days from the date the notice is received, in 

which to correct the deficiencies specified in the notice. If the State 

does not correct the specified deficiencies within the reasonable time 

allowed by the notice, or if the Administrator has not withdrawn the 

notice of intent before that time, the notice of intent will be 

published in the Federal Register, and the public given an opportunity 

to comment thereon.

    (2) If requested by the affected State lead agency within 30 days of 

receipt of the notice of intent to suspend, an informal consultation 

between appropriate State and EPA officials will be held to discuss the 

proposed suspension. In such a case, the Administrator shall not make a 

final decision on the proposed suspension until after the consultation. 

The Administrator shall consider all relevant information presented at 

the consultation, or in any other appropriate manner, in determining 

whether to suspend the State's authority. If the Administrator 

determines, on the basis of such information, that the deficiencies 

listed in the notice of intent no longer exist, or will be corrected in 

a reasonable time, then the Administrator will withdraw, in writing, the 

notice of intent to suspend.

    (3) Within ten days of the date a notice of intent to suspend is 

published in the Federal Register, a State may request a public hearing 

to consider the proposed suspension. If a hearing is requested, the 

Administrator will:

    (i) Schedule a public hearing to be held in that State.

    (ii) Publish in the Federal Register a notice announcing the date, 

time, and location of the hearing.

    (iii) Appoint a presiding officer who shall preside over the 

hearing.

    (iv) Prescribe additional, appropriate procedures for the conduct of 

the hearing, including procedures for the presentation of relevant 

material evidence from the State, EPA, or members of the public who 

would be affected by the outcome of the hearing. Evidence may be 

presented in either oral or written form, at the discretion of the 

Administrator.

    (4) Following the close of any hearing held under paragraph (c)(3) 

of this section, the presiding officer shall make a recommended decision 

that the State's authority to register pesticides under sec. 24(c) of 

FIFRA be suspended, in whole or in part, or that the State's authority 

not be suspended and that the notice of intent to suspend be withdrawn.

    (5) Any recommended decision made by a presiding officer under 

paragraph (c)(4) of this section may be appealed to the Administrator 

within 30 days after its issuance by the State or by EPA. Any 

recommended decision which is not appealed, or which the Administrator 

does not review on his own initiative, will become a final Agency action 

30 days after its issuance.

    (6) If no hearing is requested under paragraph (c)(3) of this 

section, or if a recommended decision is appealed to the Administrator 

under paragraph (c)(5) of this section, the Administrator shall issue a 

final order either suspending the State's authority to register 

pesticides under section 24(c) of FIFRA, in whole or in part, or 

withdrawing the notice of intent to suspend.

    (7) Any final order suspending State registration authority, issued 

under paragraph (c) (5) or (6) of this section, will specify the grounds 

therefor and an effective date for the suspension. If



[[Page 162]]



the suspension is merely partial, the notice of suspension will specify 

the types of registrations which will not be recognized as valid under 

sec. 24(c). All final orders issued under paragraph (c) (5) or (6) will 

be published in the Federal Register.

    (d) Termination of suspension. Suspension of a State's authority 

will be effective for the period specified in the notice of suspension, 

or if no period was specified, until such time as the Administrator is 

satisfied that the State can and will exercise adequate control over its 

program. In the latter case, the Administrator will notify the State 

that the suspension is terminated, or that it will be terminated on a 

specific date. In either case, the Administrator will publish a notice 

of the termination of suspension in the Federal Register.

    (e) Judicial review. Any State whose authority to register 

pesticides has been finally suspended by the Administrator may seek 

judicial review of the Administrator's decision under sec. 16 of FIFRA, 

at any time prior to termination of the suspension. Such suspension 

shall remain in effect during the period of judicial review unless 

otherwise ordered by the Administrator.