[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: 40CFR173.6]



[Page 268-269]

 

                   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.  173.6  Publication of the notice; scheduling the hearing.



    (a) If the Administrator has not issued an order terminating the 

rescission proceeding within sixty (60) days after service of the notice 

of intent to rescind upon the State, the Administrator shall publish the 

notice of intent to rescind in the Federal Register. The Administrator 

may modify the original notice of intent to rescind before its 

publication by deleting those deficiencies listed in the original notice 

which have been corrected or which were shown not to have existed. The 

public may submit comments upon the matters specified in the published 

notice of intent to rescind within the time specified therein.

    (b) Concurrently with the publication of the notice of intent to 

rescind, the Administrator shall schedule a hearing in the State if one 

has been requested by the State. The date, time, and location of the 

hearing shall be published in the Federal Register along with the notice 

of intent to rescind.

    (c) If a hearing is requested and the Administrator has not issued 

an order terminating the rescission proceeding, the Administrator shall 

provide for a hearing as scheduled. Representatives of the State, EPA, 

and the public may present evidence at the hearing. The Administrator 

shall appoint a Presiding Officer who shall preside over the hearing and 

make a recommended decision regarding the adequacy of the State's 

pesticide use enforcement program. The Administrator, after consultation 

with the State, may prescribe additional procedures governing the 

conduct of the hearing.



[[Page 269]]



    (d) If a termination order is issued or the hearing is rescheduled 

after the notice of intent to rescind is published in the Federal 

Register, such order or notice rescheduling the hearing shall also be 

published in the Federal Register.