Title 40

SECTION 173.2

173.2 Definitions.

§ 173.2 Definitions.

For purposes of this part:

(a) Administrator means the Administrator of the United States Environmental Protection Agency or his delegate.

(b) Notice of intent to rescind means a notice to a State issued under § 173.3 which initiates a proceeding to rescind the State's primary enforcement responsibility for pesticide use violations.

(c) State means the agency or agencies primarily responsible for enforcing pesticide use laws or regulations within the State or jurisdiction undergoing rescission proceedings.

(d) Party to the proceeding shall mean the State or the Agency's Office of Enforcement.

(e) Presiding Officer means an attorney appointed by the Administrator to conduct the rescission proceeding. The Presiding Officer shall be an employee or representative of the Agency and shall not have had prior direct connection with the specific proceeding except in circumstances where subsequent hearings are in order.

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