Disposition of Application

The Subcommittee may issue or refuse to issue an experimental use permit according to the procedures of 333 CMR 7.06. (1) Time for Action. All applications for permits, renewals, or amendment will be processed as expeditiously as possible. Where practicable the Subcommittee shall approve or deny an application within 90 days of receipt. (2) Permit. (a) General Provision. All applications for experimental use permits for pesticides already issued a federal experimental use permit bythe United States Environmental Protection Agency shall be approvedby the Commonwealth of Massachusetts and permits shall be issued with the sameterms and conditions as those imposed by EPA, except those individually reviewed by the Subcommittee and denied or further restricted pursuant to the procedures set forth in 333 CMR 7.06(2). (b) Criteria for Individual Review. The Subcommittee shall individually review all applications for which no permit has been issued by the EPA, and may individually review those applications; 1. Recommended for review by the Department. 2. As deemed necessary by the Subcommittee. (c) Criteria for Granting Permit. In reaching its decision on issuing an experimental use permit, the Subcommittee shall consider a number of factors, including, but not limited to the following: 1. Material submitted pursuant to 333 CMR 7.05(2). 2. The recommendation of the Department. 3. Input from Advisory Councils and hazard reviewers associated with Section 24-C of FIFRA. (d) Conditions. All permits shall be issued subject to all requirements imposed by the Massachusetts Pesticide Control Act, FIFRA, and the regulations promulgated under either. (3) Notification ofDecision. The Subcommittee shall notify the Board and the applicant promptly after making a decision. If the Subcommittee denies a permit or issues a permit with terms or conditions different than the EPA permit, the notification to the applicant shall be by certified letter and shall set forth the reasons and the factual basis for the determination, and the conditions, if any, which must be met in order for the permit to be approved. The applicant will have 30 days from the date of receipt to take the specified corrective action. (4) Duration of Permit. Permits will be effective for a specified period depending upon the requirements of the testing program submitted, but shall not exceed one year. The applicant should propose a suitable duration of the permit commensurate with the program submitted. (5) Applications to Amend or Renew a Permit. Applications to amend a permit shall be submitted as circumstances warrant. Applications for renewals of experimental use permits shall be submitted prior to expiration of the permit. Requirements for renewals are the same as applications under 333 CMR 7.05, except that information previously submitted may be incorporated by reference.