[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: 40CFR790.42]



[Page 11-12]

 

                   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 C_Implementation, Enforcement, and Modification of Test Rules

 

Sec.  790.42  Persons subject to a test rule.



    (a) Each test rule described in Sec.  790.40 will specify whether 

manufacturers, processors, or both are subject to the requirement for 

testing of the subject chemical under section 4(b)(3)(B) of the



[[Page 12]]



Act and will indicate who will be required to submit letters of intent 

to conduct testing.

    (1) If testing is being required to allow evaluation of risks:

    (i) Primarily associated with manufacture of the chemical, or

    (ii) Associated with both manufacturer and processing of the 

chemical, or

    (iii) Associated with distribution in commerce, use, and/or disposal 

activities concerning the chemical, each manufacturer of the chemical 

will be subject and must comply with the requirements of the test rule.

    (2) While legally subject to the test rule in circumstances 

described in paragraphs (a)(1) (ii) and (iii) of this section, 

processors of the chemical must comply with the requirements of the test 

rule only if processors are directed to do so in a subsequent notice as 

set forth in Sec.  790.48(b).

    (3) If testing is being required to allow evaluation of risks 

associated solely with processing of the chemical, processors will be 

subject and must comply with the requirements of the test rule.

    (4) While legally subject to the test rule in circumstances 

described in paragraph (a)(1) of this section, persons who manufacture 

less than 500 kg (1,100 lb) of the chemical annually during the period 

from the effective date of the test rule to the end of the reimbursement 

period, must comply with the requirements of the test rule only if such 

manufacturers are directed to do so in a subsequent notice as set forth 

in Sec.  790.48, or if directed to do so in a particular test rule.

    (5) While legally subject to the test rule in circumstances 

described in paragraph (a)(1) of this section, persons who manufacture 

small quantities of the chemical solely for research and development 

(meaning quantities that are not greater than those necessary for 

purposes of scientific experimentation or analysis or chemical research 

on, or analysis of, such chemical or another chemical, including such 

research or analysis for development of a product) from the effective 

date of the test rule to the end of the reimbursement period, must 

comply with the requirements of the test rule only if such manufacturers 

are directed to do so in subsequent notice set forth in Sec.  790.48, or 

if directed to do so in a particular test rule.

    (6) If testing is being required to allow evaluation of risks 

associated primarily with manufacture of a chemical for research and 

development (R & D) purposes, manufacturers of the chemical for R & D 

will be subject and must comply with the requirements of the test rule.

    (b) [Reserved]



[50 FR 20657, May 17, 1985. Redesignated at 51 FR 23713, June 30, 1986, 

and amended at 55 FR 18884, May 7, 1990]