[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: 40CFR790.24]



[Page 10]

 

                   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 B_Procedures for Developing Consent Agreements and Test Rules

 

Sec.  790.24  Criteria for determining whether a consensus exists 

concerning the provisions of a draft consent agreement.



    (a) EPA will enter into consent agreements only where there is a 

consensus among the Agency, one or more manufacturers and/or processors 

who agree to conduct or sponsor the testing, and all other interested 

parties who identify themselves in accordance with Sec.  790.22(b)(2). 

EPA will not enter into a consent agreement in either of the following 

circumstances:

    (1) EPA and affected manufacturers and/or processors cannot reach a 

consensus on the testing requirements or other provisions to be included 

in the consent agreement.

    (2) A draft consent agreement is considered inadequate by other 

interested parties who, pursuant to Sec.  790.22(b)(2), have asked to 

participate in or monitor negotiations; and these parties have submitted 

timely written objections to the draft consent agreement which provide a 

specific explanation of the grounds on which the draft agreement is 

objectionable.

    (b) EPA may reject objections described in paragraph (a)(2) of this 

section only where the Agency concludes the objections are either:

    (1) Not made in good faith.

    (2) Untimely.

    (3) Do not involve the adequacy of the proposed testing program or 

other features of the agreement that may affect EPA's ability to fulfill 

the goals and purposes of the Act.

    (4) Not accompanied by a specific explanation of the grounds on 

which the draft agreement is considered objectionable.

    (c) The unwillingness of some manufacturers and/or processors of a 

prospective test chemical to sign the draft consent agreement does not, 

in itself, establish a lack of consensus if EPA concludes that those 

manufacturers and/or processors who are prepared to sign the agreement 

are capable of accomplishing the testing to be required and that the 

draft agreement will achieve the purposes of the Act in all other 

respects.