[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: 40CFR173.2]



[Page 267]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 173_PROCEDURES GOVERNING THE RESCISSION OF STATE PRIMARY ENFORCEMENT 

RESPONSIBILITY FOR PESTICIDE USE VIOLATIONS--Table of Contents

 

Sec.  173.2  Definitions.



    For purposes of this part:

    (a) Administrator means the Administrator of the United States 

Environmental Protection Agency or his delegate.

    (b) Notice of intent to rescind means a notice to a State issued 

under Sec.  173.3 which initiates a proceeding to rescind the State's 

primary enforcement responsibility for pesticide use violations.

    (c) State means the agency or agencies primarily responsible for 

enforcing pesticide use laws or regulations within the State or 

jurisdiction undergoing rescission proceedings.

    (d) Party to the proceeding shall mean the State or the Agency's 

Office of Enforcement.

    (e) Presiding Officer means an attorney appointed by the 

Administrator to conduct the rescission proceeding. The Presiding 

Officer shall be an employee or representative of the Agency and shall 

not have had prior direct connection with the specific proceeding except 

in circumstances where subsequent hearings are in order.