[Code of Federal Regulations]
[Title 40, Volume 28]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR790.45]

[Page 12-13]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 790--PROCEDURES GOVERNING TESTING CONSENT AGREEMENTS AND TEST RULES--Table of Contents
 
 Subpart C--Implementation, Enforcement, and Modification of Test Rules
 
Sec. 790.45  Submission of letter of intent to conduct testing or exemption application.

    (a) No later than 30 days after the effective date of a test rule 
described in Sec. 790.40, each person subject to that rule and required 
to comply with the requirements of that rule as provided in 
Sec. 790.42(a) must, for each test required, either notify EPA by letter 
of his or her intent to conduct testing or submit to EPA an application 
for an exemption from testing requirements for the test.
    (b) EPA will consider letters of intent to test as commitments to 
sponsor the tests for which they are submitted unless EPA agrees to the 
substitution of an exemption application in instances where more than 
one person indicates an intent to sponsor equivalent tests.
    (c) Each letter of intent to conduct testing must include:
    (1) Identification of test rule.
    (2) Name, address, and telephone number of the firm(s) which will be 
sponsoring the tests.
    (3) Name, address, and telephone number of the appropriate 
individual to contact for further information.
    (4) For sponsors participating in a testing consortium--a list of 
all members of the consortium, the signature of an authorized 
representative of each member, and a designation of who is to serve as 
principal sponsor.
    (5) A list of the testing requirements for which the sponsor(s) 
intends to conduct tests.

[[Page 13]]

    (6) If EPA is requiring testing of more than one representative 
substance--which test substance the sponsor(s) intends to use in each of 
the tests.
    (d)(1) Any person not manufacturing or processing the subject 
chemical as of the effective date of the test rule describing in 
Sec. 790.40 or by 30 days after the effective date of the rule who, 
before the end of the reimbursement period, manufacturers or processes 
the test chemical and who is subject to and required to comply with the 
requirements of the test rule must submit the letter of intent to test 
or an exemption application required by paragraph (a) of this section by 
the date manufacture or processing begins, or
    (2) When both manufacturers and processors are subject to the rule, 
any person not processing the subject chemical as of the effective date 
of the test rule described in Sec. 790.40 or by 30 days after 
publication of the Federal Register notice described in 
Sec. 790.48(b)(2) who, before the end of the reimbursement period, 
processes the test chemical and who is required to comply with the 
requirements of the rule must submit the letter of intent to test or an 
exemption application required by Sec. 790.48(b)(3) of the date 
processing begins.
    (e) Manufacturers subject to a test rule described in Sec. 790.40 
who do not submit to EPA either a letter of their intent to conduct 
tests or a request for an exemption from testing for each test for which 
testing is required in the test rule will be considered in violation of 
that rule beginning on the 31st day after the effective date of the test 
rule described in Sec. 790.40 or on the date manufacture begins as 
described in paragraph (d) of this section.
    (f) Processors subject to a test rule described in Sec. 790.40 and 
required to comply with the requirements of test rule pursuant to 
Sec. 790.42(a)(2) or a Federal Register notice as described in 
Sec. 790.48(b)(2) who do not submit to EPA either a letter of their 
intent to conduct tests or a request for an exemption for each test for 
which testing is required in the test rule will be considered in 
violation of that rule beginning on the 31st day after the effective 
date of the test rule described in Sec. 790.40 or 31 days after 
publication of the Federal Register notice described in 
Sec. 790.48(b)(2) or on the date processing begins as described in 
paragraph (d) of this section, as appropriate.