[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: 40CFR172.59]



[Page 267]

 

                   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.  172.59  Enforcement.



    (a) Imminent threat of substantial harm to health or the 

environment. The use of a microbial pesticide in small-scale testing 

covered by this subpart (whether subject to the notification 

requirements of Sec.  172.45(c) or exempt under Sec.  172.45(d)) in a 

manner that creates an imminent threat of substantial harm to health or 

the environment is prohibited, and is considered a violation of section 

12(a)(2)(S) of the Act.

    (b) EPA response to violations. Under section 14 of the Act, EPA may 

seek civil or criminal penalties for violations of the Act. Failure to 

comply with the regulations in this part could result in civil or 

criminal penalties. Moreover, under sections 14 and 16(c) of the Act, 

EPA may at any time take appropriate action against violators to prevent 

or otherwise restrain use of a microbial pesticide in small-scale 

testing if it is determined that:

    (1) Such use would create an imminent threat of substantial harm to 

health or the environment that is prohibited under paragraph (a) of this 

section; or

    (2) The terms or conditions on which approval of the testing was 

granted under this subpart C are violated.