[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: 40CFR790.52]



[Page 16]

 

                   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.  790.52  Phase II test rule.



    (a) If EPA determines that the proposed study plan described in 

Sec.  790.50(a)(2) complies with Sec.  790.50(c), EPA will publish a 

proposed Phase II test rule in the Federal Register requesting comments 

on the ability of the proposed study plan to ensure that data from the 

test will be reliable and adequate.

    (b) EPA will provide a 45-day comment period and will provide an 

opportunity for an oral presentation upon the request of any person. EPA 

may extend the comment period if it appears from the nature of the 

issues raised by EPA's review or from public comments that further 

comment is warranted.

    (c) After receiving and considering public comments on the study 

plan, EPA will adopt, as proposed or as modified in response to EPA 

review and public comments, the study protocol section of the study 

plan, as defined by Sec.  790.50(c)(1)(v) of this chapter, as the test 

standard for the required testing, and the schedule section of the study 

plan, as defined by Sec.  790.50(c)(1)(vi) of this chapter, as the 

schedule for the required testing in a final Phase II test rule.



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

and amended at 52 FR 36569, Sept. 30, 1987]