[Code of Federal Regulations]
[Title 40, Volume 23]
[Revised as of July 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR180.32]

[Page 421-422]
 
                   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. 180.32  Procedure for modifying and revoking tolerances or exemptions 

from tolerances.

    (a) The Administrator on his/her own initiative may propose the 
issuance of a regulation modifying or revoking a tolerance for a 
pesticide chemical residue on raw agricultural commodities or processed 
foods or modifying or revoking an exemption from tolerance for such 
residue.
    (b) Any person may file with the Administrator a petition proposing 
the issuance of a regulation modifying or revoking a tolerance or 
exemption from a tolerance for a pesticide chemical residue. The 
petition shall furnish reasonable grounds for the action sought. 
Reasonable grounds shall include an explanation showing wherein the 
person has a substantial interest in such tolerance or exemption from 
tolerance and an assertion of facts (supported by data if available) 
showing that new uses for the pesticide chemical have been developed or 
old uses abandoned, that new data are available as to toxicity of the 
chemical, or that experience with the application of the tolerance or 
exemption from tolerance

[[Page 422]]

may justify its modification or revocation. Evidence that a person has 
registered or has submitted an application for the registration of a 
pesticide under the Federal Insecticide, Fungicide, and Rodenticide Act 
will be regarded as evidence that the person has a substantial interest 
in a tolerance or exemption from the requirement of a tolerance for a 
pesticide chemical that consists in whole or in part of the pesticide. 
New data should be furnished in the form specified in Sec. 180.7(b) for 
submitting petitions, as applicable.
    (c) The procedures for completing action on an Administrator 
initiated proposal or a petition shall be those specified in Sec. Sec. 
180.29 and 180.7, as applicable.

[70 FR 33362, June 8, 2005]