[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: 40CFR790.88]



[Page 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.  790.88  Denial of exemption application.



    (a) EPA may deny any exemption application if:

    (1) EPA determines that the applicant has failed to demonstrate that 

the applicant's chemical is equivalent to the test substance; or

    (2) The exemption applicant fails to submit any of the information 

specified in Sec.  790.82; or

    (3) The exemption applicant fails to submit any of the information 

specified in Sec.  790.85 if required in the test rule; or

    (4)(i) For single-phase test rules, EPA has not received a letter of 

intent to conduct the test for which exemption is sought; or

    (ii) For two-phase test rules, EPA has not received an adequate 

study plan for the test for which exemption is sought; or

    (5) The study sponsor(s) fails to initiate the required testing by 

the deadlines adopted in the test rule; or

    (6) The study sponsor(s) fails to submit data as required in the 

test standard and deadlines for submission of test data as adopted in 

the test rule or as modified in accordance with Sec.  790.55.

    (b) EPA will notify the exemption applicant by certified mail or 

Federal Register notice of EPA's determination that the exemption 

application is denied.