40 C.F.R. § 166.2

Types of exemptions

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There are four types of emergency exemptions which may be authorized: specific, quarantine, public health, and crisis exemptions.

(a) Specific exemption. A specific exemption may be authorized in an emergency condition to avert:

(1) A significant economic loss; or

(2) A significant risk to:

(i) Endangered species,

(ii) Threatened species,

(iii) Beneficial organisms, or

(iv) The environment.

(b) Quarantine exemption. A quarantine exemption may be authorized in an emergency condition to control the introduction or spread of any pest that is an invasive species, or is otherwise new to or not theretofore known to be widely prevalent or distributed within and throughout the United States and its territories.

(c) Public health exemption. A public health exemption may be authorized in an emergency condition to control a pest that will cause a significant risk to human health.

(d) Crisis exemption. A crisis exemption may be utilized in an emergency condition when the time from discovery of the emergency to the time when the pesticide use is needed is insufficient to allow for the authorization of a specific, quarantine, or public health exemption.

[51 FR 1902, Jan. 15, 1986, as amended at 71 FR 4510, Jan. 27, 2006]
Notes of Decisions
Cited in 2 cases, 1978–1990 · leading case: Env't Def. Fund, Inc. v. Blum, 458 F. Supp. 650 (D.D.C. 1978).
Env't Def. Fund, Inc. v. Blum, 458 F. Supp. 650 (D.D.C. 1978). · cites it 4× “” 40 C.F.R. §§ 166.2 (c), 166.8 (1977). Not only was this expedited procedure not invoked in this case, but the agency permitted a lapse of seven months between notice of the application and issuance of the final order.”
Talevich v. Voss, 734 F. Supp. 425 (C.D. Cal. 1990). “§ 136p; 40 C.F.R. § 166.2 (b). Complaint, Exhibit 3.”
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