[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: 40CFR172.22]



[Page 257]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 172_EXPERIMENTAL USE PERMITS--Table of Contents

 

          Subpart B_State Issuance of Experimental Use Permits

 

Sec.  172.22  General.



    (a) Experimental use permits are not required under this rule in 

those situations described in Sec.  172.3 of subpart A pertaining to 

Federal experimental use permits.

    (b) Subpart B is not applicable to experimental use permits issued 

by a State, as required by State law, to a permittee who already holds a 

valid Federal experimental use permit issued under subpart A for the 

same purpose, or who is not required to obtain a permit under this rule.

    (c) Pesticide products used under experimental use permits may not 

be sold or distributed other than through participants, and, if sold or 

distributed through participants, may be used only at an application 

site of a cooperator and in accordance with the terms and conditions of 

the experimental use permit.

    (d) Establishments in which pesticide products under State 

experimental use permits are produced shall be registered as required by 

40 CFR 167.2(a) and producers of such products shall maintain books and 

records as required by 40 CFR 169.2.

    (e) Pesticide products and their containers used under this rule 

must also be packaged, stored, transported, used, and disposed of in 

accordance with all applicable Federal laws and regulations, including 

the Resource Conservation and Recovery Act of 1976 as amended (Pub. L. 

94-580; 90 Stat. 2795; 42 U.S.C. 6901 et seq.) (RCRA), and rules 

thereunder.