[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: 40CFR166.25]

[Page 221]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 166_EXEMPTION OF FEDERAL AND STATE AGENCIES FOR USE OF PESTICIDES UNDER 
 
      Subpart B_Specific, Quarantine, and Public Health Exemptions
 
Sec. 166.25  Agency review.

    (a) General. The Agency will review all requests as expeditiously as 
possible, making every attempt to respond to requests prior to the time 
when the proposed use is needed. The Agency will review the application 
and other available data necessary to make a determination with respect 
to all of the following:
    (1) Whether an emergency condition exists or will exist;
    (2) The Agency's ability and intention to establish a time-limited 
tolerance(s) or exemption(s) from the requirement of a tolerance for any 
pesticide residues resulting from the authorized use, identifying the 
level of permissible residues in or on food or feed resulting from the 
proposed use;
    (3) The anticipated benefits to be derived from the proposed use; 
and
    (4) The potential risks to human health, endangered or threatened 
species, beneficial organisms, and the environment from the proposed 
use.
    (b) Criteria for approval. The Administrator may authorize a 
specific, public health, or quarantine exemption, based on the 
information available to the Agency, after:
    (1) He determines that:
    (i) An emergency condition exists;
    (ii) The use of the pesticide under the exemption will not cause 
unreasonable adverse effects on the environment;
    (iii) Registration of the pesticide use for which the exemption is 
requested has not been suspended under section 6(c) of the Act or 
cancelled following a notice under section 6(b) of the Act, unless the 
use is authorized in accordance with the provisions of Sec. Sec. 
164.130 through 164.133 of this chapter;
    (2) Giving due consideration to:
    (i) Whether the pesticide is reasonably likely to be used in 
compliance with the requirements imposed by the Agency under the 
exemption; and
    (ii) The progress which has been made toward registration of the 
proposed use, if a repeated specific or public health exemption is 
sought. It shall be presumed that if a complete application for 
registration of a use, which has been under a specific or public health 
exemption for any 3 previous years, or any 5 previous years if the use 
is supported for registration by the IR-4 program, has not been 
submitted, reasonable progress towards registration has not been made.

[51 FR 1902, Jan. 15, 1986, as amended at 71 FR 4511, Jan. 27, 2006]