40 CFR § 173.2 - Definitions.

---
identifier: "/us/cfr/t40/s173.2"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "40 CFR § 173.2 - Definitions."
title_number: 40
title_name: "Protection of Environment"
section_number: "173.2"
section_name: "Definitions."
chapter_name: "ENVIRONMENTAL PROTECTION AGENCY"
subchapter_number: "E"
subchapter_name: "PESTICIDE PROGRAMS"
part_number: "173"
part_name: "PROCEDURES GOVERNING THE RESCISSION OF STATE PRIMARY ENFORCEMENT RESPONSIBILITY FOR PESTICIDE USE VIOLATIONS"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "7 U.S.C. 136w and 136w-2."
regulatory_source: "46 FR 26059, May 11, 1981, unless otherwise noted."
cfr_part: "173"
---


# 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.