[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: 40CFR164.132]



[Page 179-180]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 164_RULES OF PRACTICE GOVERNING HEARINGS, UNDER THE FEDERAL 

 

Subpart D_Rules of Practice for Applications Under Sections 3 and 18 To 

            Modify Previous Cancellation or Suspension Orders

 

Sec.  164.132  Procedures governing hearing.



    (a) The burden of proof in the hearing convened pursuant to Sec.  

164.131 shall be on the applicant and he shall proceed first. The issues 

in the hearing shall be whether: (1) Substantial new evidence exists and 

(2) such substantial new evidence requires reversal or modification of 

the existing cancellation or suspension order. The determination of 

these issues shall be made taking into account the human and 

environmental risks found by the Administrator in his cancellation or 

suspension determination and the cumulative effect of all past and 

present uses, including the requested use, and uses which may reasonably 

be anticipated to occur in the future as a result of granting the 

requested reversal or modification. The granting of a particular 

petition for use may not in itself pose a significant risk to man or the 

environment, but the cumulative impact of each additional use of the 

cancelled or suspended pesticide may re-establish, or serve to maintain, 

the significant risks previously found by the Administrator.

    (b) The presiding officer shall make recommendations, including 

findings of fact and conclusions and to the extent



[[Page 180]]



feasible, as determined by the presiding officer, the procedures at the 

hearing shall follow the Rules of Practice, set forth in subparts A and 

B of this part 164.