[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: 40CFR166.25]



[Page 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 B_Specific, Quarantine, and Public Health Exemptions

 

Sec.  166.25  Agency review.



    (a) General. The Agency will review all requests as expeditiously as 

possible, making every attempt to respond to requests prior to the time 

when the proposed use is needed. The Agency will review the application 

and other available data necessary to make a determination with respect 

to all of the following:

    (1) Whether an emergency condition exists or will exist;

    (2) The Agency's ability and intention to establish a time-limited 

tolerance(s) or exemption(s) from the requirement of a tolerance for any 

pesticide residues resulting from the authorized use, identifying the 

level of permissible residues in or on food or feed resulting from the 

proposed use;

    (3) The anticipated benefits to be derived from the proposed use; 

and

    (4) The potential risks to human health, endangered or threatened 

species, beneficial organisms, and the environment from the proposed 

use.

    (b) Criteria for approval. The Administrator may authorize a 

specific, public health, or quarantine exemption, based on the 

information available to the Agency, after:

    (1) He determines that:

    (i) An emergency condition exists;

    (ii) The use of the pesticide under the exemption will not cause 

unreasonable adverse effects on the environment;

    (iii) Registration of the pesticide use for which the exemption is 

requested has not been suspended under section 6(c) of the Act or 

cancelled following a notice under section 6(b) of the Act, unless the 

use is authorized in accordance with the provisions of Sec. Sec.  

164.130 through 164.133 of this chapter;

    (2) Giving due consideration to:

    (i) Whether the pesticide is reasonably likely to be used in 

compliance with the requirements imposed by the Agency under the 

exemption; and

    (ii) The progress which has been made toward registration of the 

proposed use, if a repeated specific or public health exemption is 

sought. It shall be presumed that if a complete application for 

registration of a use, which has been under a specific or public health 

exemption for any 3 previous years, or any 5 previous years if the use 

is supported for registration by the IR-4 program, has not been 

submitted, reasonable progress towards registration has not been made.



[51 FR 1902, Jan. 15, 1986, as amended at 71 FR 4511, Jan. 27, 2006]