[Code of Federal Regulations]
[Title 40, Volume 31]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR790.1]

[Page 5-6]
 
                   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 A_General Provisions
 
Sec.  790.1  Scope, purpose, and authority.




                      Subpart A_General Provisions

Sec.  
790.1 Scope, purpose, and authority.
790.2 Applicability.
790.3 Definitions.
790.5 Submission of information.
790.7 Confidentiality.

  Subpart B_Procedures for Developing Consent Agreements and Test Rules

790.20 Recommendation and designation of testing candidates by the ITC.
790.22 Procedures for gathering information and negotiating consent 
          agreements on chemicals which the ITC has recommended for 
          testing with an intent to designate.
790.24 Criteria for determining whether a consensus exists concerning 
          the provisions of a draft consent agreement.
790.26 Initiation and completion of rulemaking proceedings on ITC-
          designated chemicals.
790.28 Procedures for developing consent agreements and/or test rules 
          for chemicals that have not been designated or recommended 
          with intent to designate by the ITC.

  Subpart C_Implementation, Enforcement, and Modification of Test Rules

790.40 Promulgation of test rules.
790.42 Persons subject to a test rule.
790.45 Submission of letter of intent to conduct testing or exemption 
          application.
790.48 Procedure if no one submits a letter of intent to conduct 
          testing.
790.50 Submission of study plans.
790.52 Phase II test rule.
790.55 Modification of test standards or schedules during conduct of 
          test.
790.59 Failure to comply with a test rule.

   Subpart D_Implementation, Enforcement and Modification of Consent 
                               Agreements

790.60 Contents of consent agreements.
790.62 Submission of study plans and conduct of testing.
790.65 Failure to comply with a consent agreement.
790.68 Modification of consent agreements.

                  Subpart E_Exemptions From Test Rules

790.80 Submission of exemption applications.
790.82 Content of exemption application.
790.85 Submission of equivalence data.
790.87 Approval of exemption applications.
790.88 Denial of exemption application.
790.90 Appeal of denial of exemption application.
790.93 Termination of conditional exemption.
790.97 Hearing procedures.
790.99 Statement of financial responsibility.

Appendix A to Subpart E--Schedule for Developing Consent Agreements and 
          Test Rules

    Authority: 15 U.S.C. 2603.



    (a) This part establishes procedures for gathering information, 
conducting negotiations, and developing and implementing test rules or 
consent agreements on chemical substances and mixtures under section 4 
of TSCA.
    (b) Section 4 of the Act authorizes EPA to require manufacturers and 
processors of chemical substances and mixtures to test these chemicals 
to determine whether they have adverse health or environmental effects. 
Section 4 (a) empowers the Agency to promulgate rules which require such 
testing. In addition, EPA has implied authority to enter into 
enforceable consent agreements requiring testing where they provide 
procedural safeguards equivalent to those that apply where testing is 
conducted by rule.
    (c) EPA intends to use enforceable consent agreements to accomplish 
testing where a consensus exists among EPA, affected manufacturers and/
or processors, and interested members of the public concerning the need 
for and scope of testing. If such a consensus does not exist and the 
Agency believes that it can make the findings specified in section 4(a), 
EPA will initiate proceedings to promulgate test rules which will be 
codified in part 799 of this chapter.

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    (d) Appendix A to this part presents timetables for various steps in 
the evaluation of chemicals under consideration for testing, the 
initiation and completion of negotiations to develop consent agreements, 
and the proposal and promulgation of test rules. All deadlines which are 
imposed by the Act are binding on EPA and will be observed by the 
Agency. The remaining deadlines represent target dates that EPA intends 
to meet.

[51 FR 23712, June 30, 1986]