[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: 40CFR180.30]

[Page 357]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 180_TOLERANCES AND EXEMPTIONS FROM TOLERANCES FOR PESTICIDE CHEMICALS IN 
 
                    Subpart B_Procedural Regulations
 
Sec. 180.30  Judicial review.

    (a) Under FFDCA section 408(h), judicial review is available in the 
United States Courts of Appeal as to the following actions:
    (1) Regulations establishing general procedures and requirements 
under FFDCA section 408(e)(1)(C).
    (2) Orders issued under FFDCA section 408(f)(1)(C) requiring the 
submission of data.
    (3) Orders issued under FFDCA section 408(g)(2)(C) ruling on 
objections to establishment, modification, or revocation of a tolerance 
or exemption under FFDCA section 408(d)(4), or any regulation that is 
the subject of such an order. The underlying action here is Agency 
disposition of a petition seeking the establishment, modification, or 
revocation of a tolerance or exemption.
    (4) Orders issued under FFDCA section 408(g)(2)(C) ruling on 
objections to the denial of a petition under FFDCA section 408(d)(4).
    (5) Orders issued under FFDCA section 408(g)(2)(C) ruling on 
objections to the establishment, modification, suspension, or revocation 
of a tolerance or exemption under FFDCA section 408(e)(1)(A) or 
(e)(1)(B). The underlying action here is the establishment, 
modification, suspension, or revocation of a tolerance or exemption upon 
the initiative of EPA including EPA actions pursuant to FFDCA sections 
408(b)(2)(B)(v), 408(b)(2)(E)(ii), 408(d)(4)(C)(ii), 408(l)(4), and 
408(q)(1).
    (6) Orders issued under FFDCA section 408(g)(2)(C) ruling on 
objections to the revocation or modification of a tolerance or exemption 
under FFDCA section 408(f)(2) for noncompliance with requirements for 
the submission of data.
    (7) Orders issued under FFDCA section 408(g)(2)(C) ruling on 
objections to rules issued under FFDCA sections 408(n)(3) and 408(d) or 
(e) regarding determinations pertaining to State authority to establish 
regulatory limits on pesticide chemical residues.
    (8) Orders issued under FFDCA section 408(g)(2)(C) ruling on 
objections to orders issued under FFDCA section 408(n)(5)(C) authorizing 
States to establish regulatory limits not identical to certain 
tolerances or exemptions.
    (b) Any issue as to which review is or was obtainable under 
paragraph (a) of this section shall not be the subject of judicial 
review under any other provision of law. In part, this means that, for 
the Agency actions subject to the objection procedure in FFDCA section 
408(g)(2), judicial review is not available unless an adversely affected 
party exhausts these objection procedures, and any petition procedures 
preliminary thereto.

[70 FR 33362, June 8, 2005]