[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: 40CFR166.40]

[Page 223]
 
                   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 C_Crisis Exemptions
 
Sec. 166.40  Authorization.


    The head of a Federal or State agency, the Governor of a State, or 
their official designee, may issue a crisis exemption in situations 
involving an unpredictable emergency situation when:
    (a) An unpredictable emergency condition exists;
    (b) The time element with respect to the application of the 
pesticide is critical, and there is not sufficient time either to 
request a specific, quarantine, or public health exemption or, if such a 
request has been submitted, for EPA to complete review of the request; 
and
    (c) EPA has provided verbal confirmation that, for food uses, a 
tolerance or exemption from the requirement of a tolerance can be 
established in a timely manner, responsive to the projected timeframe of 
use of the chemical and harvest of the commodity, and that, for any use, 
the Agency has no other objection.

[51 FR 1902, Jan. 15, 1986, as amended at 71 FR 4512, Jan. 27, 2006]