40 CFR § 166.40 - Authorization.

---
identifier: "/us/cfr/t40/s166.40"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "40 CFR § 166.40 - Authorization."
title_number: 40
title_name: "Protection of Environment"
section_number: "166.40"
section_name: "Authorization."
chapter_name: "ENVIRONMENTAL PROTECTION AGENCY"
subchapter_number: "E"
subchapter_name: "PESTICIDE PROGRAMS"
part_number: "166"
part_name: "EXEMPTION OF FEDERAL AND STATE AGENCIES FOR USE OF PESTICIDES UNDER EMERGENCY CONDITIONS"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "7 U.S.C. 136p, and 136w."
regulatory_source: "51 FR 1902, Jan. 15, 1986, unless otherwise noted."
cfr_part: "166"
---


# 166.40 Authorization.

The head of a Federal or State agency, the Governor of a State, or their official designee, may issue a crisis exemption in situations involving an unpredictable emergency situation when:

(a) An unpredictable emergency condition exists;

(b) The time element with respect to the application of the pesticide is critical, and there is not sufficient time either to request a specific, quarantine, or public health exemption or, if such a request has been submitted, for EPA to complete review of the request; and

(c) EPA has provided verbal confirmation that, for food uses, a tolerance or exemption from the requirement of a tolerance can be established in a timely manner, responsive to the projected timeframe of use of the chemical and harvest of the commodity, and that, for any use, the Agency has no other objection.

[51 FR 1902, Jan. 15, 1986, as amended at 71 FR 4512, Jan. 27, 2006]