[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: 40CFR172.26]



[Page 260-261]

 

                   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.  172.26  EPA review of permits.



    (a) Notification of State action. (1) Within 10 days after the 

issuance of an experimental use permit, the designated State agency 

shall notifiy EPA of the action by forwarding to the appropriate EPA 

Regional Office a copy of the permit, a description of the experimental 

program to be conducted under the terms of the permit, a copy of the 

approved labeling, and a copy of the confidential statement of formula 

for any new product.

    (2) Within 10 days after amendment or revocation of an experimental 

use permit by a State, the designated State agency shall notify the 

appropriate EPA Regional Office in writing of the amendment or 

revocation. The notice shall include a brief explanation of the reason 

for the amendment or revocation. If amendments to permits include 

changes in the approved labeling, the designated State agency shall also 

forward a copy of the amended labeling.



[[Page 261]]



    (3) EPA shall give notice in the Federal Register of State issuance 

of experimental use permits.

    (b) Reports. The designated State agency shall submit the following 

reports to EPA:

    (1) An annual report covering the number of permits issued, the 

names and addresses of permittees, the names of the products covered by 

permits, and the State permit numbers issued;

    (2) Reports, as requested by EPA, containing any information that 

EPA may determine necessary to ensure that a State has acted in 

compliance with provisions of FIFRA and this subpart; and

    (3) Reports of any serious adverse effect(s), as soon thereafter as 

possible, from use of, or exposure to, a pesticide used pursuant to an 

experimental use permit.

    (c) Revocation by EPA. (1) The Administrator may revoke an 

experimental use permit issued under this subpart if he finds:

    (i) That its terms and conditions are being violated;

    (ii) That its terms and conditions are inadequate to avoid 

unreasonable adverse effects on the environment;

    (iii) That new evidence demonstrates that any tolerance or food 

additive regulation upon which the permit is based will be inadequate to 

protect the public health, or that any exemption from the requirement 

for a tolerance or food additive regulation is no longer appropriate; or

    (iv) That a failure by the permittee to meet any other provisions of 

FIFRA or this subpart has occurred.

    (2) The Administrator shall, prior to revoking a State experimental 

use permit, consult with the State agency which issued the permit, 

except in cases where continued use of the pesticide under the permit 

would create an imminent hazard to man or the environment.

    (3) The Administrator shall notify the designated State agency, in 

writing, of the revocation, and the State agency shall notify the 

permittee, also in writing, of the revocation.

    (4) The permittee shall notify all participants of the revocation 

within 10 days after he receives notice of revocation.

    (5) The revocation of a permit shall not preclude the Administrator 

from initiating civil or criminal sanctions for violations of the permit 

conditions or other violations, as authorized by law.

    (6) If a permittee wishes to contest the revocation of a State 

experimental use permit, he shall, within 30 days after receipt of 

notice of such revocation, file with the Administrator a written request 

for an opportunity to confer with the Administrator or his designee. The 

revocation of the permit shall remain effective pending the outcome of 

any conference requested under this paragraph.

    (7) If a permittee requests a conference under paragraph (c)(6) of 

this section, the Administrator shall provide the permittee:

    (i) With information as to the time, place and nature of the 

conference, and of the matters of fact and law asserted by the Agency as 

grounds for the revocation action;

    (ii) An opportunity to offer a written statement of facts, 

explanations, and arguments relevant to the revocation action;

    (iii) All other procedural opportunities to which the permittee may 

be entitled by law.

    (8) The Administrator shall notify the affected permittee and State 

Agency, in writing, of his final decision on the revocation matter as 

expeditiously as possible and shall attempt to do so within 30 days 

after the conclusion of a conference conducted under paragraph (c)(7). 

The Administrator shall also provide the permittee and the State agency 

with a written statement of the reasons for his decision, which shall 

take into account the evidence presented pursuant to paragraph 

(c)(7)(ii) of this section.

    (9) A decision to revoke a permit under paragraph (c)(8) of this 

section is a final Agency action subject to judicial review as provided 

by law.