[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: 40CFR790.28]



[Page 10-11]

 

                   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.  790.28  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.



    (a) Where EPA believes that testing is needed, it may also develop 

consent agreements and/or test rules on chemical substances or mixtures 

that either:

    (1) Have been recommended but not ``recommended with intent to 

designate'' by the ITC.

    (2) Have been selected for testing consideration by EPA on its own 

initiative.

    (b) When EPA wishes to initiate negotiations concerning chemicals 

described in paragraph (a) of this section, it will publish a Federal 

Register notice describing its tentative evaluation of testing needs, 

announcing a date for a public course-setting meeting, and inviting 

persons interested in participating in or monitoring negotiations to



[[Page 11]]



contact the Agency in writing. Any negotiations that EPA conducts will 

conform to the procedures specified in Sec.  790.22(b) and, to the 

extent feasible, will follow the schedules presented in appendix A \1\ 

to this part.

    (c) EPA will enter into consent agreements on chemicals described in 

paragraph (a) of this section only if there is a consensus among EPA, 

affected manufacturers and/or processors, and any other persons who have 

asked to participate in or monitor negotiations. In determining whether 

such a consensus exists, EPA will employ the criteria specified in Sec.  

790.24. In the absence of consensus, EPA will initiate rulemaking if it 

concludes that the findings specified in section 4(a) of the Act can be 

made. The schedule for initiating and completing such rulemaking 

proceedings will, to the extent feasible, follow 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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