[Code of Federal Regulations]
[Title 40, Volume 23]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR165.97]

[Page 214-215]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 165_PESTICIDE MANAGEMENT AND DISPOSAL--Table of Contents
 
        Subpart E_Standards for Pesticide Containment Structures
 
Sec. 165.97  States with existing containment programs.

    (a) What options are available to States that already have 
containment regulations? States that have promulgated containment 
regulations effective prior to August 16, 2006, and which also have 
primary enforcement responsibility and/or certification programs, have 
the option of continuing to implement their own programs in lieu of 
these Federal regulations.
    (b) How may a State request authority to continue implementing its 
State containment regulations? A State with pesticide containment 
regulations may request the authority to continue implementing State 
containment regulations by August 16, 2007 in the following manner:
    (1) The State must submit a letter and any supporting documentation 
to EPA. Supporting documentation must demonstrate that the States 
program is providing environmental protection equivalent to or more 
protective than that expected to be provided by the Federal regulations 
in this subpart.
    (2) The State must identify any significant changes to State 
regulations which would be necessary in order to provide environmental 
protection equivalent to the EPA regulations, and develop an estimated 
timetable to effect these changes. The letter must be signed by the 
designated State Lead Agency.
    (c) How will EPA notify the State if its request is granted? EPA's 
Office of Pesticide Programs will review the State's correspondence and 
determine whether the State program is adequate to provide environmental 
protection equivalent to or more protective than these Federal 
regulations for new and existing containment structures. EPA's Office of 
Pesticide Programs will inform the State of its determination through a 
letter authorizing or declining to authorize the State to continue 
implementing its containment regulations and will detail any reasons for 
declining authorization.

[[Page 215]]

    (d) How must a State inform EPA of revisions to its containment 
regulations? Any state that has received authorization to continue 
implementing its state containment regulations must inform EPA by letter 
signed by the designated State Lead Agency within 6 months of any 
revision to the State's containment regulations. EPA will inform the 
state by letter if it determines that the State's containment 
regulations are no longer adequate based on the revisions. The State's 
containment regulations will remain in effect, unless and until EPA 
sends the state a letter making this determination.