[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: 40CFR790.80]



[Page 22-23]

 

                   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 E_Exemptions From Test Rules

 

Sec.  790.80  Submission of exemption applications.



    Source: 50 FR 20660, May 17, 1985, unless otherwise noted.





    (a) Who should file applications. (1) Any manufacturer or processor 

subject to a test rule in part 799 of this chapter may submit an 

application to EPA for an exemption from performing any or all of the 

tests required under the test rule.

    (2) Processors will not be required to apply for an exemption or 

conduct testing unless EPA so specifies in a test rule or in a special 

Federal Register notice as described in Sec.  790.48(b)(2) under the 

following circumstances:

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

associated with manufacturing and processing or with distribution in 

commerce, use, or disposal of the chemical and manufacturers do not 

submit notice(s) of intent to conduct the required testing; or

    (ii) If testing is being required solely to allow evaluation of 

risks associated with processing of the chemical.

    (b) When applications must be filed. (1) Exemption applications must 

be filed within 30 days after the effective date of the test rule 

described in Sec.  790.40 or, if being submitted in compliance with the 

Federal Register notice described in Sec.  790.48(b)(2), within 30 days 

after the publication of that notice.

    (2) Exemption applications must be filed by the date manufacture or 

processing begins by any person not manufacturing or processing the 

subject chemical as of the effective date of the test rule described in 

Sec.  790.40 or by 30 days after the effective date of the test rule 

described in Sec.  790.40, who, before the end of the reimbursement 

period, manufactures or processes the test substance and who is subject 

to the requirement to submit either a letter of



[[Page 23]]



intent to test or an exemption application.

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

exemption applications must be filed by the date processing begins by 

any person not processing 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 substance and who is 

subject to the requirement to submit either a letter of intent to test 

or an exemption application.

    (c) Scope of application. A person may apply for an exemption from 

all, or one or more, specific testing requirements in a test rule in 

part 799 of this chapter.



[50 FR 20660, May 17, 1985, as amended at 58 FR 34205, June 23, 1993]