[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: 40CFR766.32]

[Page 809-810]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 766--DIBENZO-PARA-DIOXINS/DIBENZOFURANS--Table of Contents
 
       Subpart B--Specific Chemical Testing/Reporting Requirements
 
Sec. 766.32  Exclusions and waivers.

    (a) Reasons for exclusions and waivers. Any person subject to the 
testing requirements of this part may request an exclusion or waiver 
from testing for any one of the following reasons:
    (1) Exclusions may be granted if. (i) Testing of the appropriate 
grade of the chemical substance has already been carried out, either 
analytical testing at

[[Page 810]]

the lowest LOQ possible, with appropriate QA/QC, or a well-designed 
bioassay with appropriate QA/QC or;
    (ii) Process and reaction conditions of the chemical substance such 
that no HDDs/HDFs could be produced under those conditions;
    (2) Waivers may be granted if. (i) A responsible company official 
certifies that the chemical substance is produced only in quantities of 
100 kilograms or less per year, only for research and development 
purposes; or
    (ii) In the judgement of EPA, the cost of testing would drive the 
chemical substance off the market, or prevent resumption of manufacture 
or import of the chemical substance, if it is not currently 
manufactured, and the chemical substance will be produced so that no 
unreasonable risk will occur due to its manufacture, import, processing, 
distribution, use, or disposal. (In this case, the manufacturer must 
submit to EPA all data supporting the determination.)
    (iii) Waivers may be appropriately conditioned with respect to such 
factors as time and conditions of manufacture or use. The grade of 
decabromodiphenyl oxide produced by Dow Chemical Company (Dow) for the 
National Toxicology Program (NTP) bioassay on that chemical is excluded 
from the testing requirement under this part. Provided, however, that 
this exclusion will not apply if Dow fails to supply to EPA within 60 
days of the effective date of this section evidence showing which grade 
was used for the NTP bioassay.
    (b) Timing. Exclusion or waiver requests and detailed supporting 
data must be submitted to EPA within 60 days from the effective date of 
this part for persons manufacturing, importing or processing a chemical 
substance as of the date of promulgation, or 60 days prior to the date 
of resumption of manufacture or import for a chemical substance produced 
by a specific process if the chemical substance is not manufactured, 
imported or processed as of the date of promulgation.
    (c) Publication. Within 10 days of receipt of any exclusion or 
waiver request, EPA will issue in the Federal Register a notice of such 
receipt. EPA will also issue a notice of its decision on each exclusion 
or waiver request within 60 days of receipt.
    (d) Decision. The EPA Director of the Office of Pollution Prevention 
and Toxics will make the decision to grant or deny waivers or 
exclusions.