[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: 40CFR790.87]



[Page 23-24]

 

                   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.  790.87  Approval of exemption applications.



    (a) EPA will conditionally approve exemption applications if:

    (1)(i) For single-phase test rules, EPA has received a letter of 

intent to conduct the testing from which exemption is sought;

    (ii) For two-phase test rules, EPA has received a complete proposed 

study plan for the testing from which exemption is sought and has 

adopted the study plan, as proposed or modified, as test standards and 

schedules in a final Phase II test rule; and

    (2) The chemical substance or mixture with respect to which the 

application was submitted is equivalent to a test substance or mixture 

for which the



[[Page 24]]



required data have been or are being submitted in accordance with a test 

rule; and

    (3) Submission of the required test data concerning that chemical 

substance or mixture would be duplicative of data which have been or are 

being submitted to EPA in accordance with a test rule.

    (b)(1) If a single representative substance is to be tested under a 

test rule, EPA will consider all forms of the chemical subject to that 

rule to be equivalent and will contact the exemption applicant only if 

information is missing or unclear.

    (2) If two or more representative substances are to be tested under 

a test rule, EPA will evaluate equivalence claims made in each exemption 

application according to the criteria discussed in the test rule.

    (i) If EPA finds an equivalence claim to be in error or inadequately 

supported, the applicant will be notified by certified mail. The 

applicant will be given 15 days to provide clarifying information.

    (ii) Exemption applicants will be notified that equivalence has been 

accepted or rejected.

    (c) The final Phase II test rule which adopts the study plans in 

two-phase rulemaking, a separate Federal Register notice in single-phase 

rulemaking, or a letter by certified mail will give exemption applicants 

final notice that they have received a conditional exemption. All 

conditional exemptions thus granted are contingent upon the test 

sponsors' successful completion of testing according to the 

specifications in the test rule.