[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: 40CFR173.4]



[Page 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.  173.4  Informal conference and settlement.



    (a) After receipt of a notice of intent to rescind, the State may 

request that an informal conference be held between appropriate State 

and EPA officials to discuss the findings made in the notice of intent 

to rescind. The informal conference shall then be held in the State. If 

the Administrator finds, on the basis of information submitted by the 

State at the conference, that the deficiencies specified in the notice 

did not exist or were corrected by the State, the Administrator shall 

issue an order withdrawing the notice of intent to rescind and 

terminating the rescission proceeding.

    (b) At any time after receipt of a notice of intent to rescind and 

before the issuance of a final order, the State and EPA may resolve the 

issues raised in the notice by agreement. Any settlement agreement shall 

be in writing and signed by the parties and shall:

    (1) Detail the deficiencies found in the State program;

    (2) Specify the steps the State has taken or will take to remedy the 

deficiencies; and

    (3) Set forth a precise schedule for each remedial action yet to be 

initiated.

    (c) If a written agreement is signed by the parties, the 

Administrator shall issue an order withdrawing the notice of intent to 

rescind and terminating the rescission proceeding. If the State does not 

comply with the terms of the settlement agreement, the Administrator may 

reissue the notice of intent to rescind.