[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: 40CFR172.10]

[Page 290]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 172_EXPERIMENTAL USE PERMITS--Table of Contents
 
         Subpart A_Federal Issuance of Experimental Use Permits
 
Sec. 172.10  Refusals to issue and revocation.

    (a) Refusal. At any time that the Administrator determines that an 
experimental use permit is not justified, or that the issuance of such a 
permit would cause unreasonable adverse effects on the environment, or 
that for any other reason provided for under the law a permit shall not 
be issued, he shall notify the applicant in writing.
    (b) Revocation. The Administrator may revoke an experimental use 
permit if he finds that its terms or conditions are being violated or 
that its terms or conditions are inadequate to avoid unreasonable 
adverse effects on the environment, or if new evidence is obtained which 
demonstrates that the tolerance will be inadequate to protect the public 
health, or for failure to meet any other provision of this part 172. The 
Administrator will notify the permittee in writing of such revocation. 
The permittee shall notify all participants of such revocation as soon 
as possible after he receives notice of revocation. The revocation of a 
permit shall not preclude the Administrator from initiating civil or 
criminal sanctions for the violations of the permit conditions or 
otherwise as authorized by law.
    (c) Hearing. In the event that an applicant for an experimental use 
permit wishes to contest the refusal to issue an experimental use 
permit, or an experimental use permittee wishes to contest the 
revocation of any such permit, he shall, within twenty days after 
receipt of notice of such refusal or revocation, file with the 
Administrator a written request for an opportunity to confer with the 
Administrator or his designee. Within twenty days after such conference, 
the applicant or permittee will be notified of the Administrator's final 
decision.