[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: 40CFR790.93]



[Page 25]

 

                   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.  790.93  Termination of conditional exemption.



    (a) EPA shall terminate a conditional exemption if it determines 

that:

    (1) The test which provided the basis for approval of the exemption 

application has not been started by the deadlines for initiation of 

testing adopted in the test rule or modified in accordance with Sec.  

790.55; or

    (2) Data required by the test rule have not been generated in 

accordance with the test standards or submitted in accordance with the 

deadlines for submission of test data that were adopted in the test rule 

or modified in accordance with Sec.  790.55; or

    (3) The testing has not been conducted or the data have not been 

generated in accordance with the Good Laboratory Practice requirements 

in part 792 of this chapter.

    (b) If EPA determines that one or more of the criteria listed in 

paragraph (a) of this section has been met, EPA will notify each holder 

of an affected conditional exemption by certified mail or Federal 

Register notice of EPA's intent to terminate that conditional exemption.

    (c) Within 30 days after receipt of a letter of notification or 

publication of a notice in the Federal Register that EPA intends to 

terminate a conditional exemption, the exemption holder may submit 

information to rebut EPA's preliminary decision or notify EPA by letter 

of its intent to conduct the required test pursuant to the test standard 

established in the final test rule. Such a letter of intent shall 

contain all of the information required by Sec.  790.45(c).

    (d)(1) The exemption holder may also include a request for a 

hearing. Hearings will be held in accordance with the procedures set 

forth in Sec.  790.97.

    (2) Hearing requests must be in writing and must be received by EPA 

within 30 days after receipt of the letter or publication in the Federal 

Register notice described in paragraph (b) of this section.

    (e) EPA will notify the exemption holder by certified letter or by 

Federal Register notice of EPA's final decision concerning termination 

of conditional exemptions and will give instructions as to what actions 

the former exemption holder must take to avoid being found in violation 

of the test rule.