[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: 40CFR172.50]



[Page 265-266]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 172_EXPERIMENTAL USE PERMITS--Table of Contents

 

   Subpart C_Notification for Certain Genetically Modified Microbial 

                               Pesticides

 

Sec.  172.50  Response to a notification.



    (a) EPA will review and evaluate each Notification as expeditiously 

as possible and will make a determination no later than 90 days after 

receipt of the complete Notification; however, under no circumstances 

shall the proposed test proceed until the submitter has received notice 

from EPA of its approval of such test.

    (b) For each Notification, EPA may make the following 

determinations:



[[Page 266]]



    (1) Require additional information from the submitter to assess the 

proposed test adequately.

    (2) Approve the proposed test.

    (3) Approve the proposed test provided that the submitter makes 

certain modifications to the test proposal.

    (4) Require an EUP for the test.

    (5) Disapprove the proposed test because of the potential for 

unreasonable adverse effects. Such disapproval by EPA shall be 

considered the equivalent of denial of an EUP and the remedies for such 

denial provided by Sec.  172.10 are available to the submitter.

    (c) If the proposed test is approved by EPA, then the submitter 

shall perform the test in the same manner described in the Notification, 

subject to any requirements imposed under paragraph (b)(3) of this 

section.