The Agency has discretion to review applications under either the unconditional registration criteria of FIFRA sec. 3(c)(5) or the conditional registration criteria of FIFRA sec. 3(c)(7). The type of review chosen depends primarily on the extent to which the relevant data base has been reviewed for completeness and scientific validity. EPA conducts data reviews needed to support unconditional registrations on a chemical-by-chemical basis, according to an established priority list. Except for applications for registration of a new active ingredient or in special cases where it finds immediate review to be warranted, the Agency will not commence a complete review of the existing data base on a given chemical in response to receipt of an application for registration. Instead the Agency will review the application using the criteria for conditional registration in FIFRA sec. 3(c)(7) (A) and (B).
Notes of Decisions
Nat'l Fam. Farm Coalition v. Usepa, 966 F.3d 893 (9th Cir. 2020).
· cites it 2× “” 40 C.F.R. § 152.111 . In such cases, “the Agency will not commence a complete review of the existing data base on a given chemical in response to receipt of an application for registration.”
Ctr. for Biological Diversity v. United States Env't Prot. Agency, No. 4:20-cv-00555 (D. Ariz. Feb. 6, 2024).
“at 913 (quoting 40 C.F.R. § 152.111 ). “In such cases, ‘the Agency will not 11 commence a complete review of the existing data based on a given chemical in response 12 to receipt of an application for registration.”
Nrdc v. Usepa, No. 12-70268 (9th Cir. Nov. 7, 2013).
“” 40 C.F.R. § 152.111 . The regulation further provides that “[t]he type of review chosen depends primarily on the extent to which the relevant data base has been NRDC V.”
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