[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: 40CFR173.6]

[Page 302-303]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 173_PROCEDURES GOVERNING THE RESCISSION OF STATE PRIMARY ENFORCEMENT 
 
Sec. 173.6  Publication of the notice; scheduling the hearing.

    (a) If the Administrator has not issued an order terminating the 
rescission proceeding within sixty (60) days after service of the notice 
of intent to rescind upon the State, the Administrator shall publish the 
notice of intent to rescind in the Federal Register. The Administrator 
may modify the

[[Page 303]]

original notice of intent to rescind before its publication by deleting 
those deficiencies listed in the original notice which have been 
corrected or which were shown not to have existed. The public may submit 
comments upon the matters specified in the published notice of intent to 
rescind within the time specified therein.
    (b) Concurrently with the publication of the notice of intent to 
rescind, the Administrator shall schedule a hearing in the State if one 
has been requested by the State. The date, time, and location of the 
hearing shall be published in the Federal Register along with the notice 
of intent to rescind.
    (c) If a hearing is requested and the Administrator has not issued 
an order terminating the rescission proceeding, the Administrator shall 
provide for a hearing as scheduled. Representatives of the State, EPA, 
and the public may present evidence at the hearing. The Administrator 
shall appoint a Presiding Officer who shall preside over the hearing and 
make a recommended decision regarding the adequacy of the State's 
pesticide use enforcement program. The Administrator, after consultation 
with the State, may prescribe additional procedures governing the 
conduct of the hearing.
    (d) If a termination order is issued or the hearing is rescheduled 
after the notice of intent to rescind is published in the Federal 
Register, such order or notice rescheduling the hearing shall also be 
published in the Federal Register.