[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: 40CFR790.99] [Page 25-26] 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. 790.99 Statement of financial responsibility. Each applicant for an exemption shall submit the following sworn statement with his or her application: I understand that if this application is granted before the reimbursement period described in section 4(c)(3)(B) of TSCA expires, I must pay fair and equitable reimbursement to the person or persons who incurred or shared in the costs of complying with the requirement to submit data and upon whose data the granting of my application was based. Appendix A to Subpart E of Part 790--Schedule for Developing Consent Agreements and Test Rules EPA intends to follow the schedule set forth in this Appendix to evaluate testing candidates, conduct negotiations, develop consent agreements where appropriate, and propose and promulate test rules in those instances where testing can be required under section 4(a) of TSCA but agreement cannot be reached in timely manner on a consent agreement. Where deadlines are imposed by the statute, they are binding on EPA and will be observed by the Agency. The remaining dates represent targets that EPA intends to meet. This schedule is based on what EPA currently believes are reasonable target dates. As EPA gains experience with the process and determines the feasibility of these schedules, it may adjust the schedule accordingly. EPA will solicit public comment before implementing any changes in the schedule. ------------------------------------------------------------------------ Week \1\ Event ------------------------------------------------------------------------ 0............................. Receive ITC report, recommendation. [[Page 26]] 2............................. Publish ITC report, 8(a) and 8(d) notices, and invitation for public participation in negotiations. 3-6........................... Comment period on ITC report. 6............................. Public focus meeting. 7-14.......................... 8(a) and 8(d) reporting period. 22............................ Public meeting on course-setting decision and deadline for requests to participate in negotiations. 22-30......................... Negotiations. 32............................ EPA decision point: consent agreement or test rule. ------------------------------------------------------------------------ \1\ The dates contained in the left-hand column are calculated from the date EPA receives the ITC report recommending a chemical for testing. ------------------------------------------------------------------------ Week Consent Agreement Week Test Rule ------------------------------------------------------------------------ 36-40.......... Comment period on 32-60 Rule preparation, consent agreement. agency review and sign-off. 42............. Comment resolution 62 Publish proposed rule meeting if necessary. in Federal Register.\1\ 48............. Sign-off consent 70-106 Agency reviews agreement and Federal comments; Register notice. preparation of final rule or no-test decision, agency review and sign- off.\1\ 50............. Publish Federal 108 Publish final rule or Register notice. no-test decision in Federal Register.\1\ ------------------------------------------------------------------------ \1\ As stated in Sec. 790.26, EPA may publish an Advance Notice of Proposed Rulemaking (ANPR) where the testing recommendations of the ITC raise unusually novel and complex issues that require additional Agency review and opportunity for public comment. EPA intends to publish such ANPRs by Week 62 following receipt of the initial ITC report; to publish a proposed rule or decision-not-to-test by Week 108; and to publish a final rule or notice terminating the rulemaking process by Week 154. [51 FR 23717, June 30, 1986]