[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: 40CFR790.26]



[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.  790.26  Initiation and completion of rulemaking proceedings on 

ITC-designated chemicals.



    (a) Where EPA concludes that a consensus does not exist concerning 

the provisions of a draft consent agreement and that the findings 

specified by section 4(a) can be made, the Agency will proceed with 

rulemaking under section 4(a) of TSCA.

    (b) When EPA decides to proceed with rulemaking under paragraph (a) 

of this section, the Agency intends to publish a rulemaking proposal and 

a final rule or a notice terminating the rulemaking proceeding in 

accordance with the schedule specified in Appendix A \1\ to this part.

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    \1\ Editorial Note: Appendix A appears at the end of subpart E.

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    (c) Where the testing recommendations of the ITC raise unusually 

complex and novel issues that require additional Agency review and 

opportunity for public comment, the Agency may publish an Advance Notice 

of Proposed Rulemaking (ANPR). The schedule that EPA intends to follow 

for rulemaking proceedings initiated by publication of an ANPR is 

presented in appendix A \1\ to this part.