[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: 40CFR180.30]



[Page 320]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 180_TOLERANCES AND EXEMPTIONS FROM TOLERANCES FOR PESTICIDE 

CHEMICALS IN FOOD--Table of Contents

 

                    Subpart B_Procedural Regulations

 

Sec.  180.30  Judicial review.



    (a) Under FFDCA section 408(h), judicial review is available in the 

United States Courts of Appeal as to the following actions:

    (1) Regulations establishing general procedures and requirements 

under FFDCA section 408(e)(1)(C).

    (2) Orders issued under FFDCA section 408(f)(1)(C) requiring the 

submission of data.

    (3) Orders issued under FFDCA section 408(g)(2)(C) ruling on 

objections to establishment, modification, or revocation of a tolerance 

or exemption under FFDCA section 408(d)(4), or any regulation that is 

the subject of such an order. The underlying action here is Agency 

disposition of a petition seeking the establishment, modification, or 

revocation of a tolerance or exemption.

    (4) Orders issued under FFDCA section 408(g)(2)(C) ruling on 

objections to the denial of a petition under FFDCA section 408(d)(4).

    (5) Orders issued under FFDCA section 408(g)(2)(C) ruling on 

objections to the establishment, modification, suspension, or revocation 

of a tolerance or exemption under FFDCA section 408(e)(1)(A) or 

(e)(1)(B). The underlying action here is the establishment, 

modification, suspension, or revocation of a tolerance or exemption upon 

the initiative of EPA including EPA actions pursuant to FFDCA sections 

408(b)(2)(B)(v), 408(b)(2)(E)(ii), 408(d)(4)(C)(ii), 408(l)(4), and 

408(q)(1).

    (6) Orders issued under FFDCA section 408(g)(2)(C) ruling on 

objections to the revocation or modification of a tolerance or exemption 

under FFDCA section 408(f)(2) for noncompliance with requirements for 

the submission of data.

    (7) Orders issued under FFDCA section 408(g)(2)(C) ruling on 

objections to rules issued under FFDCA sections 408(n)(3) and 408(d) or 

(e) regarding determinations pertaining to State authority to establish 

regulatory limits on pesticide chemical residues.

    (8) Orders issued under FFDCA section 408(g)(2)(C) ruling on 

objections to orders issued under FFDCA section 408(n)(5)(C) authorizing 

States to establish regulatory limits not identical to certain 

tolerances or exemptions.

    (b) Any issue as to which review is or was obtainable under 

paragraph (a) of this section shall not be the subject of judicial 

review under any other provision of law. In part, this means that, for 

the Agency actions subject to the objection procedure in FFDCA section 

408(g)(2), judicial review is not available unless an adversely affected 

party exhausts these objection procedures, and any petition procedures 

preliminary thereto.



[70 FR 33362, June 8, 2005]