[Code of Federal Regulations]
[Title 40, Volume 28]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR716.105]

[Page 83-84]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 716--HEALTH AND SAFETY DATA REPORTING--Table of Contents
 
                  Subpart B--Specific Chemical Listings
 
Sec. 716.105  Additions of substances and mixtures to which this subpart applies.


    The requirements of this subpart will be extended periodically to 
cover additional substances and mixtures. Two procedures will be used to 
add substances and mixtures.
    (a) Except as provided in paragraph (b) of this section, substances 
and mixtures will be added to Sec. 716.120 after publication in the 
Federal Register of a notice of proposed amendment to this subpart. 
There will be at least a 30-day public comment period on the notice. 
After consideration of the comments, EPA will amend Sec. 716.120 by 
final rule to add the substances and listed mixtures.
    (b) Except as provided in paragraph (c) of this section, chemical 
substances, mixtures, and categories of chemical substances that have 
been added to the TSCA section 4(e) Priority List by the Interagency 
Testing Committee, established under section 4 of TSCA, will be added to 
Sec. 716.120 but only to the extent that the total number of designated 
and recommended substances, mixtures and categories of chemical 
substances has not exceeded 50 in any 1 year. The addition of such

[[Page 84]]

chemical substances, mixtures, and categories of chemical substances to 
Sec. 716.120 will be effective 30 days after publication of a notice to 
that effect in the Federal Register.
    (c) Prior to the effective date of an amendment under paragraph (b) 
of this section, the Assistant Administrator for Prevention, Pesticides 
and Toxic Substances may for good cause withdraw a chemical substance, 
mixture, or category of chemical substances from Sec. 716.120. Any 
information submitted showing why a chemical substance, mixture, or 
category of chemical substances should be withdrawn from the amendment 
must be received by EPA within 14 days after the date of publication of 
the notice under paragraph (b) of this section. If a chemical substance, 
mixture, or category of chemical substances is withdrawn, a Federal 
Register notice announcing this decision will be published no later than 
the effective date of the amendment under paragraph (b) of this section. 
Persons who wish to submit information that shows why a chemical should 
be withdrawn must address their comments, in writing to the Document 
Control Office (7407), Office of Pollution Prevention and Toxics, U.S. 
Environmental Protection Agency, Room G-099, 1200 Pennsylvania Ave., 
NW., Washington, DC 20460, ATTN: 8(d) Auto-ITC.

[51 FR 32726, Sept. 15, 1986, as amended at 60 FR 34464, July 3, 1995]