[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: 40CFR173.3]



[Page 267-268]

 

                   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.  173.3  Initiation of rescission proceedings.



    (a) Whenever the Administrator determines that a State having 

primary enforcement responsibility for pesticide use violations is not 

carrying out such responsibility, or cannot carry out such 

responsibility due to the lack of adequate legal authority, the 

Administrator shall notify the State in writing of his intent to rescind



[[Page 268]]



its primary enforcement responsibility, in whole or in part, by serving 

upon the State a notice of intent to rescind.

    (b) The notice of intent to rescind shall:

    (1) Specify those aspects of the State's pesticide use enforcement 

program determined to be inadequate;

    (2) Specify the facts which underlie the findings contained in the 

rescission notice;

    (3) Have attached thereto copies of any relevant documents 

discoverable under the Federal Rules of Civil Procedure and the Freedom 

of Information Act which contain data relied upon by the Administrator 

in making his decision to issue the notice;

    (4) Have attached thereto a copy of this part; and

    (5) Be sent to the State by certified mail, return receipt 

requested.

    (c) The State may respond in writing to the findings specified in 

the notice of intent to rescind.