[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: 40CFR166.53]



[Page 189-190]

 

                   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.  166.53  EPA review of crisis exemption and revocation of authority.



    (a) Review. When a crisis exemption is about to be or has already 

been declared by a State or Federal agency, EPA will undertake an 

expedited review of the pesticide to determine if use of the pesticide 

may result in such unreasonable health or environmental risks that the 

crisis authority should not be exercised or the crisis exemption should 

be revoked.

    (b) Revocation--(1) Individual crisis exemptions. A crisis exemption 

for the use of a specific pesticide may be revoked if the Administrator 

determines that:

    (i) There are insufficient data to determine the risks posed from 

the use;

    (ii) Such action is necessary to protect man or the environment; or

    (iii) The State or Federal agency is not complying with the 

requirements of this subpart C.

    (2) State or Federal agency authority. The Administrator may revoke 

the authority of a State or Federal agency to issue crisis exemptions 

for any pesticide if he determines that:



[[Page 190]]



    (i) Such action is necessary to protect man or the environment; or

    (ii) The State or Federal agency is not complying with the 

requirements of this subpart C.

    (c) Reason for revocation. The Agency shall provide the specific 

reasons for revoking an agency's authority to issue a crisis exemption 

and for revoking an issued crisis exemption.