[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: 40CFR172.10]



[Page 256]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 172_EXPERIMENTAL USE PERMITS--Table of Contents

 

         Subpart A_Federal Issuance of Experimental Use Permits

 

Sec.  172.10  Refusals to issue and revocation.



    (a) Refusal. At any time that the Administrator determines that an 

experimental use permit is not justified, or that the issuance of such a 

permit would cause unreasonable adverse effects on the environment, or 

that for any other reason provided for under the law a permit shall not 

be issued, he shall notify the applicant in writing.

    (b) Revocation. The Administrator may revoke an experimental use 

permit if he finds that its terms or conditions are being violated or 

that its terms or conditions are inadequate to avoid unreasonable 

adverse effects on the environment, or if new evidence is obtained which 

demonstrates that the tolerance will be inadequate to protect the public 

health, or for failure to meet any other provision of this part 172. The 

Administrator will notify the permittee in writing of such revocation. 

The permittee shall notify all participants of such revocation as soon 

as possible after he receives notice of revocation. The revocation of a 

permit shall not preclude the Administrator from initiating civil or 

criminal sanctions for the violations of the permit conditions or 

otherwise as authorized by law.

    (c) Hearing. In the event that an applicant for an experimental use 

permit wishes to contest the refusal to issue an experimental use 

permit, or an experimental use permittee wishes to contest the 

revocation of any such permit, he shall, within twenty days after 

receipt of notice of such refusal or revocation, file with the 

Administrator a written request for an opportunity to confer with the 

Administrator or his designee. Within twenty days after such conference, 

the applicant or permittee will be notified of the Administrator's final 

decision.