(a) The Governor of any State which has adopted water quality standards, or the Governor of any State affected by another State's water quality standards, or the Administrator, may seek to revise such standards from time to time as provided in this part.

(b) Unless and until a revision to water quality standards has been finally promulgated or approved by the Administrator and has become effective in accordance with this part, every aspect of the water quality standards, including water quality criteria and plans for implementation and enforcement, as in effect prior to such revision shall continue in effect and shall be the enforceable water quality standards for purposes of the Act. Except as provided in this part, water quality standards, including water quality criteria and plans for implementation and enforcement, may not be revised, modified or altered in any respect. § 122.4 Initiation of proceeding by State which adopted standards to be revised.

(a) A State may, after notice and public hearing, adopt revisions of its own water quality standards, including revisions of water quality criteria and revisions of plans for the enforcement and implementation of such criteria. Such revisions shall be valid and enforceable if they are determined by the Administrator to be such revisions as will protect the public health or welfare, enhance the quality of water and serve the purposes of the Act, and the water quality standards of the State as so revised shall thereafter be the water quality standards applicable to the interstate waters or portions thereof for which adopted.

(b) Determination by the Administrator that State-adopted revisions to water quality standards meet the criteria of paragraph (a) of this section shall be published in the FEDERAL REGISTER. Documents containing such standards shall be incorporated by reference into Part 120 of this chapter.

(c) The Administrator may, if he deems it to be appropriate, call a conference prior to making a determination pursuant to paragraph (a) of this section. If such a conference is called, the procedures set forth in §§ 122.7-122.14 shall be applicable. However, such a conference shall not be required in the case

of any revision initiated under paragraph (a) of this section.

§ 122.5 Initiation of proceedings for revision by the Administrator.

In any case where the Administrator desires revisions in water quality standards of one or more States previously determined by him to meet the requirements of the Act, including revision of water quality criteria or of plans for implementation and enforcement, he shall call a conference in connection therewith and shall proceed in accordance with §§ 122.7-122.14.

§ 122.6

Initiation of revision proceedings by a Governor of an affected State.

(a) If the Governor of the State affected by another State's water quality standards desires revisions in such standards, including revision of water quality criteria or of plans for implementation and enforcement, he shall request the Administrator to initiate a conference for such purpose and he shall submit to the Administrator the following:

(1) A description of the location and nature of the interstate waters to be covered by the conference, the standards to be revised, the nature of the revisions desired and the reason therefor.

(2) A copy of the applicable established water quality standards on which copy matter proposed to be deleted, if any, shall be indicated by hyphens through such matter, and matter proposed to be added, if any, shall be inserted as proposed and shall be underlined.

(b) After receipt of the Governor's request for revision, the Administrator shall proceed in accordance with §§ 122.7-122.14.

shall be limited to the matters set forth in the notice.

(c) The notice shall include the name of the chairman before whom the conference will be conducted and shall state the city where and the day when the conference shall be held. The conference shall be held not earlier than thirty (30) days after the service of the notice.

§ 122.8 Service of notice.

(a) The notice of the conference shall be served either personally or by publication on representatives of Federal departments and agencies, interstate agencies, States, municipalities, and industries the Administrator or his designee has reason to believe may be affected by, or have an interest in, the proposed revision.

(b) The notice of the conference may be served by mailing a copy thereof to each person, department, or agency to be served at their residence, office, or place of business as ascertained by the Administrator or his designee, as the case may be. Service by mail is complete upon mailing.

(c) The notice of the conference shall be published at least once at least 30 days in advance of the conference date in the FEDERAL REGISTER and in such local newspapers as the Administrator deems to be necessary.

(a) The parties to a conference shall include the persons, departments, and agencies specified in § 122.8(a).

(b) The chairman shall have all the rights of a party to the conference.

(c) Upon application and good cause shown, the chairman may permit any additional interested Federal departments and agencies, interstate agencies, States, municipalities, industries, or other persons to appear for the purpose of presenting a statement or to be admitted as parties to such extent and upon such terms as the chairman shall determine proper.

(d) Any appearance may be in person or by counsel.

(e) The failure of any party to file an appearance or appear at the conference in response to the notice of conference shall not delay the conference and the chairman shall proceed, hear, receive statements, make determinations, and take other appropriate action affecting such party.

§ 122.10 Organization and general procedures of the conference.

(a) The chairman of the conference shall be the Administrator or such employee of the Agency as the Administrator may designate. The chairman shall convene the conference and shall schedule such other meetings as may be necessary, including meetings for the settlement or simplification of issues.

(b) The chairman or his designee shall preside at all conference sessions and meetings called by him.

(c) The conference shall be conducted in an informal but orderly manner. Questions of procedure during a conference shall be determined by the chairman.

(d) The Office of Water Programs in the Environmental Protection Agency shall provide such clerical and technical assistance as may be necessary.

(e) The chairman shall maintain and have custody of all official records and documents pertaining to the conference and shall perform such other duties related to the functioning of the conference as may be necessary.

(f) The chairman shall execute, issue, or serve such notices, reports, communications, and other documents relating to the functions of the conference as he may deem proper.

§ 122.11

Presentation of material.

The chairman shall prescribe the order for the presentation of material concerning the waters to be covered by the conference. Such material shall include a report by the Office of Water Programs (where the Administrator has proposed revisions) or by the State which has proposed revisions, stating the established standards for said waters, the present quality of said waters, the uses both existing and potential of such waters, and the criteria and implementation schedules necessary to protect and enhance such uses, all as related to the proposed revisions. § 122.12

Conference procedure.

(a) Persons making statements need not be sworn or make affirmation. Each party shall be given an opportunity to make a statement concerning the proposed revisions, an opportunity after all parties have been heard to make a further statement which may include comments on or rebuttal of other parties' views, and an opportunity to make recommendations as to the proposed re

visions in either his first or subsequent statement.

(b) When necessary, in order to prevent undue prolongation of the conference, the chairman may limit the number of times any party may make a statement and may direct that further statements be made in writing.

(c) The chairman shall exclude irrelevant, immaterial, or unduly repetitious material.

§ 122.13

Record of proceedings.

(a) The proceedings shall be reported verbatim. A transcript of such report shall be a part of the record and the sole official transcript of the proceedings.

(b) All statements, charts, tabulations, and other data shall be received in the record. If a party objects to the admissibility of such material, the objection shall be noted and the chairman shall have a right to rule thereon.

(c) When the statement refers to a statute, or a report, or document, the chairman shall, after satisfying himself of the identification of such statute, report, or document, determine whether the same shall be produced at the conference and physically be made part of the record or shall be incorporated in the record by reference.

(d) The chairman may take official notice of statutes of States and of duly promulgated regulations of any Federal or State agency.

(e) The chairman shall submit to the Administrator the verbatim transcript including all charts, tabulations, and similar data which are part of the conference record.

§ 122.14 Preparation, publication, and promulgation of water quality standards.

(a) Subsequent to submission of the conference transcript and record, the Administrator shall either: (1) Notify the parties to the conference of his determination that the proposed revisions covered by the conference are not consistent with section 10 (c) of the Act or (2) shall prepare regulations setting forth the proposed revisions covered by the conference, with such modifications as he shall deem necessary to conform with section 10(c) (3) of the Act. Such regulations shall be published in the FEDERAL REGISTER.

(b) If, within 6 months from the date the Administrator publishes such regulations, the State has not adopted revi

sions to its water quality standards which ⚫ the Administrator finds to be consistent with section 10(c)(3) of the Act, or a petition for public hearing has not been .filed under section 10 (c) (4) of the Act, the Administrator shall promulgate revisions by publication thereof in the FEDERAL REGISTER. Such revisions shall be effective thirty (30) days after such publication unless a petition for public hearing has been first filed.

(c) At any time prior to thirty (30) days after revisions have been promulgated under paragraph (b) of this section, or thirty (30) days after receipt of notice of the Administrator's determination pursuant to paragraph (a)(1) of this section, the Governor of the State which adopted the standards to be revised, or the Governor of any affected State, may petition the Adminstrator for a public hearing under section 10(c) (4) of the Act. A petition for a public hearing need not observe any fixed form, but it must be in writing directed to the Administrator and state that the petitioning Governor desires the Administrator to call a public hearing with respect to revision of water quality standards under section 10(c) (4) of the Act, and must identify the interstate waters and the revisions with respect to which such hearing is to be called.

(d) If a petition for a public hearing is filed under section 10 (c) (4) of the Act, and the Administrator finds that the conditions precedent to the calling of such a hearing exist, he will call such a hearing and may either fix the time and place thereof, or authorize his designee to do so. Such hearings shall proceed in accordance with the provisions of §§ 104.13-104.24 of this chapter. (1) If the Hearing Board approves the revisions as published or promulgated by the Administrator, the revisions shall take effect on receipt by the Administrator of the Hearing Board's recommendations. (2) If the Hearing Board agrees with the Administrator's refusal to approve revisions, then no revisions shall take effect. (3) If the Hearing Board recommends modifications in the revisions as published or promulgated by the Administrator, or recommends revisions where the Administrator refused to approve revisions, the Administrator shall promulgate revised regulations setting forth the revisions as recommended by the Hearing Board, which revisions will become effective immediately upon such promulgation.

Sec.

162.104 Interpretation with respect to statement of net contents.

162.105 Interpretation of requirements with respect to directions for use. 162.106 Interpretation with respect to registration requirements.

162.107 Interpretation with respect to advertising.

162.108 Interpretation with respect to labels for large containers.

162.109 Interpretation with respect to the guaranty of an economic poison. 162.110 Interpretation with respect to the analyzing and testing of economic poisons.

162.111 Interpretation with respect to shipments for experimental use; permit requirements.

162.113 Interpretation with respect to liquid and pressurized household insecticides acceptable for generalized application (primarily nondeposit forming).

162.115 Interpretation with respect to labeling of weed killers containing 2,4-D, 2, 4, 5-T, and MCPA. 162.116 Interpretation with respect to warning, caution, and antidote statements required to appear on labels of economic poisons.

162.117 Interpretation with respect to labeling of household insecticides containing chlordane.

162.119 Interpretation concerning labeling claims for germicides, disinfectants, and sanitizers recommended for use in hard water areas.

162.120 Interpretation with respect to registration of thallium products for the control of insect and rodent pests in the household. Interpretation with respect to liquid, powdered and presurized household insecticides acceptable for depositing insecticidal and chemical residues.

162.121

§ 162.1

Words in singular form.

Words used in the singular form in this part shall include the plural, and vice versa, as the case may require.

§ 162.2 Terms defined.

Terms used in this part shall have the meanings set forth for such terms in the Act. In addition, as used in this part, the following terms shall have the meanings stated below:

(a) Act. "Act" means the Federal Insecticide, Fungicide, and Rodenticide Act, as amended.

(b) Director. "Director" means the Director of the Pesticides Regulation Division, Environmental Protection Agency, or any officer or employee to whom he has heretofore lawfully delegated or to whom he may hereafter lawfully delegate the authority to act in his stead.

(c) Agency. "Agency" means the Environmental Protection Agency.

(d) Economic poison. "Economic poison" includes all preparations intended for use as insecticides, rodenticides, nematocides, fungicides, herbicides, amphibian and reptile poisons or repellents, bird poisons or repellents, fish poisons or repellents, mammal poisons or repellents, invertebrate animal poisons or repellents, plant regulators, plant defoliants, and plant desiccants. A product shall be deemed to be an economic poison regardless of whether intended for use as packaged or after dilution or mixture with other substances, such as carriers or baits. Products intended only for use after further processing or manufacturing, such as grinding to dust or more extensive operations, shall not be deemed to be economic poisons. Substances which have recognized commercial uses other than uses as economic poisons shall not be deemed to be economic poisons unless such substances are:

(1) Specially prepared for use as economic poisons, or

(2) Labeled, represented, or intended for use as economic poisons, or

(3) Marketed in channels of trade where they will presumably be purchased as economic poisons.

(e) Fungicide. "Fungicide" includes all preparations intended for preventing, destroying, repelling, or mitigating any fungi or any viruses (other than those on or in living man or other animals). Examples of fungicides include but are not limited to: (1) Plant fungicides, seed

fungicides, fungicidal wood preservatives, and mildew and mold preventatives, and

(2) Disinfectants, sanitizers, and sterilizers, except those for use only on or in living man or other animals.

(f) Herbicide. "Herbicide” means any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any weed, including any algae or other aquatic weed, or any plant parts growing where not wanted.

or

(g) Nematocide. "Nematocide" includes only those products intended for preventing, destroying, repelling, mitigating nematodes inhabiting soil, water, plants, or plant parts. The term does not include products intended for use against nematodes in or on living man or other animals.

(h) Plant regulator. “Plant regulator" includes those substances intended to alter the behavior of ornamental or crop plants or the produce thereof through physiological rather than physical action. The term includes, but is not limited to, substances intended to accelerate or retard the rate of growth or maturation of ornamental or crop plants, enhance fruit set, prevent fruit drop, accelerate root formation and elongation, prolong or break domancy of ornamental or crop plants or the produce thereof, but shall not include substances intended solely for use as plant nutrients or fertilizers.

or

(i) Active ingredient. An "active ingredient" is an ingredient which: (1) Is capable in itself, and when used in the same manner and for the same purposes as directed for use of the product, of preventing, destroying, repelling, mitigating insects, fungi, rodents, weeds, nematodes, or other pests, or altering through physiological action the behavior of ornamental or crop plants or the produce thereof, or causing leaves or foilage to drop from a plant, or artificially accelerating the drying of plant tissue.

(2) Is present in the product in an amount sufficient to add materially to its effectiveness; and

(3) Is not antagonistic to the activity of the principal active ingredient: Provided, however, That the Director may require an ingredient to be designated as an active ingredient if, in his opinion, it sufficiently increases the effectiveness of the economic poison to warrant such action.