[Code of Federal Regulations]

[Title 40, Volume 31]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 40CFR790.1]



[Page 5-6]

 

                   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 A_General Provisions

 

Sec.  790.1  Scope, purpose, and authority.









                      Subpart A_General Provisions



Sec.

790.1 Scope, purpose, and authority.

790.2 Applicability.

790.3 Definitions.

790.5 Submission of information.

790.7 Confidentiality.



  Subpart B_Procedures for Developing Consent Agreements and Test Rules



790.20 Recommendation and designation of testing candidates by the ITC.

790.22 Procedures for gathering information and negotiating consent 

          agreements on chemicals which the ITC has recommended for 

          testing with an intent to designate.

790.24 Criteria for determining whether a consensus exists concerning 

          the provisions of a draft consent agreement.

790.26 Initiation and completion of rulemaking proceedings on ITC-

          designated chemicals.

790.28 Procedures for developing consent agreements and/or test rules 

          for chemicals that have not been designated or recommended 

          with intent to designate by the ITC.



  Subpart C_Implementation, Enforcement, and Modification of Test Rules



790.40 Promulgation of test rules.

790.42 Persons subject to a test rule.

790.45 Submission of letter of intent to conduct testing or exemption 

          application.

790.48 Procedure if no one submits a letter of intent to conduct 

          testing.

790.50 Submission of study plans.

790.52 Phase II test rule.

790.55 Modification of test standards or schedules during conduct of 

          test.

790.59 Failure to comply with a test rule.



   Subpart D_Implementation, Enforcement and Modification of Consent 

                               Agreements



790.60 Contents of consent agreements.

790.62 Submission of study plans and conduct of testing.

790.65 Failure to comply with a consent agreement.

790.68 Modification of consent agreements.



                  Subpart E_Exemptions From Test Rules



790.80 Submission of exemption applications.

790.82 Content of exemption application.

790.85 Submission of equivalence data.

790.87 Approval of exemption applications.

790.88 Denial of exemption application.

790.90 Appeal of denial of exemption application.

790.93 Termination of conditional exemption.

790.97 Hearing procedures.

790.99 Statement of financial responsibility.



Appendix A to Subpart E--Schedule for Developing Consent Agreements and 

          Test Rules



    Authority: 15 U.S.C. 2603.







    (a) This part establishes procedures for gathering information, 

conducting negotiations, and developing and implementing test rules or 

consent agreements on chemical substances and mixtures under section 4 

of TSCA.

    (b) Section 4 of the Act authorizes EPA to require manufacturers and 

processors of chemical substances and mixtures to test these chemicals 

to determine whether they have adverse health or environmental effects. 

Section 4 (a) empowers the Agency to promulgate rules which require such 

testing. In addition, EPA has implied authority to enter into 

enforceable consent agreements requiring testing where they provide 

procedural safeguards equivalent to those that apply where testing is 

conducted by rule.

    (c) EPA intends to use enforceable consent agreements to accomplish 

testing where a consensus exists among EPA, affected manufacturers and/

or processors, and interested members of the public concerning the need 

for and scope of testing. If such a consensus does not exist and the 

Agency believes that it can make the findings specified in section 4(a), 

EPA will initiate proceedings to promulgate test rules which will be 

codified in part 799 of this chapter.



[[Page 6]]



    (d) Appendix A to this part presents timetables for various steps in 

the evaluation of chemicals under consideration for testing, the 

initiation and completion of negotiations to develop consent agreements, 

and the proposal and promulgation of test rules. All deadlines which are 

imposed by the Act are binding on EPA and will be observed by the 

Agency. The remaining deadlines represent target dates that EPA intends 

to meet.



[51 FR 23712, June 30, 1986]