[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: 40CFR173.8]



[Page 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.  173.8  Final order.



    (a) If the State does not request a hearing within the sixty-day 

time period and the Administrator has not issued an order withdrawing 

the notice of intent to rescind, the Administrator shall issue a final 

order as soon as practicable after the time for public comment on the 

notice of intent to rescind has elapsed. The final order shall either 

withdraw the notice of intent to rescind and terminate the proceeding or 

rescind, in whole or in part, the State's primary enforcement 

responsibility for pesticide use violations.

    (b) If a hearing has been held and the Presiding Officer has made a 

recommended decision, then either the Office of Enforcement or the State 

may appeal the recommended decision to the Administrator or the 

Administrator may elect to review the recommended decision on his own 

initiative.

    (c) After an appeal or sua sponte review the Administrator shall 

issue a final order terminating the rescission proceeding or rescinding, 

in whole or in part, the State's primary enforcement responsibility for 

pesticide use violations.

    (d) In no event may the Administrator issue his final decision 

sooner than ninety (90) days after service of the notice of intent to 

rescind on a State.

    (e) Any final order, or a recommended decision which becomes a final 

order under Sec.  173.7(c), shall be published in the Federal Register.