[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: 40CFR790.45]



[Page 12-13]

 

                   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.  790.45  Submission of letter of intent to conduct testing or 

exemption application.



    (a) No later than 30 days after the effective date of a test rule 

described in Sec.  790.40, each person subject to that rule and required 

to comply with the requirements of that rule as provided in Sec.  

790.42(a) must, for each test required, either notify EPA by letter of 

his or her intent to conduct testing or submit to EPA an application for 

an exemption from testing requirements for the test.

    (b) EPA will consider letters of intent to test as commitments to 

sponsor the tests for which they are submitted unless EPA agrees to the 

substitution of an exemption application in instances where more than 

one person indicates an intent to sponsor equivalent tests.

    (c) Each letter of intent to conduct testing must include:

    (1) Identification of test rule.

    (2) Name, address, and telephone number of the firm(s) which will be 

sponsoring the tests.

    (3) Name, address, and telephone number of the appropriate 

individual to contact for further information.

    (4) For sponsors participating in a testing consortium--a list of 

all members of the consortium, the signature of an authorized 

representative of each member, and a designation of who is to serve as 

principal sponsor.

    (5) A list of the testing requirements for which the sponsor(s) 

intends to conduct tests.



[[Page 13]]



    (6) If EPA is requiring testing of more than one representative 

substance--which test substance the sponsor(s) intends to use in each of 

the tests.

    (d)(1) Any person not manufacturing or processing the subject 

chemical as of the effective date of the test rule describing in Sec.  

790.40 or by 30 days after the effective date of the rule who, before 

the end of the reimbursement period, manufacturers or processes the test 

chemical and who is subject to and required to comply with the 

requirements of the test rule must submit the letter of intent to test 

or an exemption application required by paragraph (a) of this section by 

the date manufacture or processing begins, or

    (2) When both manufacturers and processors are subject to the rule, 

any person not processing the subject chemical as of the effective date 

of the test rule described in Sec.  790.40 or by 30 days after 

publication of the Federal Register notice described in Sec.  

790.48(b)(2) who, before the end of the reimbursement period, processes 

the test chemical and who is required to comply with the requirements of 

the rule must submit the letter of intent to test or an exemption 

application required by Sec.  790.48(b)(3) of the date processing 

begins.

    (e) Manufacturers subject to a test rule described in Sec.  790.40 

who do not submit to EPA either a letter of their intent to conduct 

tests or a request for an exemption from testing for each test for which 

testing is required in the test rule will be considered in violation of 

that rule beginning on the 31st day after the effective date of the test 

rule described in Sec.  790.40 or on the date manufacture begins as 

described in paragraph (d) of this section.

    (f) Processors subject to a test rule described in Sec.  790.40 and 

required to comply with the requirements of test rule pursuant to Sec.  

790.42(a)(2) or a Federal Register notice as described in Sec.  

790.48(b)(2) who do not submit to EPA either a letter of their intent to 

conduct tests or a request for an exemption for each test for which 

testing is required in the test rule will be considered in violation of 

that rule beginning on the 31st day after the effective date of the test 

rule described in Sec.  790.40 or 31 days after publication of the 

Federal Register notice described in Sec.  790.48(b)(2) or on the date 

processing begins as described in paragraph (d) of this section, as 

appropriate.