[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: 40CFR166.40]



[Page 188]

 

                   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 C_Crisis Exemptions

 

Sec.  166.40  Authorization.





    The head of a Federal or State agency, the Governor of a State, or 

their official designee, may issue a crisis exemption in situations 

involving an unpredictable emergency situation when:

    (a) An unpredictable emergency condition exists;

    (b) The time element with respect to the application of the 

pesticide is critical, and there is not sufficient time either to 

request a specific, quarantine, or public health exemption or, if such a 

request has been submitted, for EPA to complete review of the request; 

and

    (c) EPA has provided verbal confirmation that, for food uses, a 

tolerance or exemption from the requirement of a tolerance can be 

established in a timely manner, responsive to the projected timeframe of 

use of the chemical and harvest of the commodity, and that, for any use, 

the Agency has no other objection.



[51 FR 1902, Jan. 15, 1986, as amended at 71 FR 4512, Jan. 27, 2006]