[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: 40CFR720.75]

[Page 129-130]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 720--PREMANUFACTURE NOTIFICATION--Table of Contents
 
                    Subpart D--Disposition of Notices
 
Sec. 720.75  Notice review period.

    (a) Length of notice review period. The notice review period 
specified in section 5(a) of the Act runs for 90 days from the date the 
Document Control Officer for the Office of Pollution Prevention and 
Toxics receives a complete notice, or the date EPA determines the notice 
is complete under Sec. 720.65(c), unless the Agency extends the period 
under section 5(c) of TSCA and paragraph (c) of this section.
    (b) Suspension of the running of the notice review period. (1) A 
submitter may voluntarily suspend the running of the notice review 
period if the Director or his or her delegate agrees. If the Director 
does not agree, the review period will continue to run, and EPA will 
notify the submitter. A submitter may request a suspension at any time 
during the notice review period. The suspension must be for a specified 
period of time.
    (2) A request for suspension may be made 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. The suspension also may be made orally, 
including by telephone, to the submitter's EPA contact for that notice. 
EPA will send the submitter a written confirmation that the suspension 
has been granted.
    (i) An oral request may be granted for 15 days only. To obtain a 
longer suspension, the Document Control Officer for the Office of 
Pollution Prevention and Toxics must receive written confirmation of the 
oral request. The notice review period is suspended as of the date of 
the oral request.
    (ii) If the submitter has not made a previous oral request, the 
running of the notice review period is suspended as of the date of 
receipt of the written request by the Document Control Officer for the 
Office of Pollution Prevention and Toxics.
    (c) Extension of notice review period. (1) At any time during the 
notice review period, EPA may determine that good cause exists to extend 
the notice review period specified in paragraph (a) of this section.
    (2) If EPA makes such a determination, EPA will:
    (i) Notify the submitter that EPA is extending the notice review 
period for a specified length of time, and state the reasons for the 
extension.
    (ii) Issue a notice for publication in the Federal Register which 
states that EPA is extending the notice review period and gives the 
reasons for the extension.
    (3) The initial extension may be for a period of up to 90 days. If 
the initial extension is for less than 90 days, EPA may make additional 
extensions. However, the total period of extensions may not exceed 90 
days for any notice.
    (4) The following are examples of situations in which EPA may find 
that good cause exists for extending the notice review period:
    (i) EPA has reviewed the notice and determined that there is a 
significant possibility that the chemical substance will be regulated 
under section 5(e) or section 5(f) of the Act, but EPA is unable to 
initiate regulatory action within the initial 90-day period.
    (ii) EPA has reviewed the submission and is seeking additional 
information.
    (iii) EPA has received significant additional information during the 
notice review period.
    (iv) The submitter has failed to correct a notice after receiving 
EPA's request under Sec. 720.65(b).
    (d) Notice of expiration of notice review period. EPA will notify 
the submitter

[[Page 130]]

that the notice review period has expired or that EPA has completed its 
review of the notice. Expiration of the review period does not 
constitute EPA approval or certification of the new chemical substance, 
and does not mean that EPA may not take regulatory action against the 
substance in the future. After expiration of the statutory notice review 
period, in the absence of regulatory action by EPA under section 5(e), 
5(f), or 6(a) of the Act, the submitter may manufacture or import the 
chemical substance even if the submitter has not received notice of 
expiration.
    (e) Withdrawal of a notice by the submitter. (1) A submitter may 
withdraw a notice during the notice review period. A statement of 
withdrawal must be made 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. The withdrawal is effective upon receipt of the statement by 
the Document Control Officer.
    (2) If a manufacturer or importer which withdrew a notice later 
resubmits a notice for the same chemical substance, a new notice review 
period begins.

[48 FR 21742, May 13, 1983, as amended at 53 FR 12523, Apr. 15, 1988; 58 
FR 34204, June 23, 1993; 60 FR 34464, July 3, 1995]