[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: 40CFR790.28]

[Page 10-11]
 
                   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 B_Procedures for Developing Consent Agreements and Test Rules
 
Sec.  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.

    (a) Where EPA believes that testing is needed, it may also develop 
consent agreements and/or test rules on chemical substances or mixtures 
that either:
    (1) Have been recommended but not ``recommended with intent to 
designate'' by the ITC.
    (2) Have been selected for testing consideration by EPA on its own 
initiative.
    (b) When EPA wishes to initiate negotiations concerning chemicals 
described in paragraph (a) of this section, it will publish a Federal 
Register notice describing its tentative evaluation of testing needs, 
announcing a date for a public course-setting meeting, and inviting 
persons interested in participating in or monitoring negotiations to

[[Page 11]]

contact the Agency in writing. Any negotiations that EPA conducts will 
conform to the procedures specified in Sec.  790.22(b) and, to the 
extent feasible, will follow the schedules presented in appendix A \1\ 
to this part.
    (c) EPA will enter into consent agreements on chemicals described in 
paragraph (a) of this section only if there is a consensus among EPA, 
affected manufacturers and/or processors, and any other persons who have 
asked to participate in or monitor negotiations. In determining whether 
such a consensus exists, EPA will employ the criteria specified in Sec.  
790.24. In the absence of consensus, EPA will initiate rulemaking if it 
concludes that the findings specified in section 4(a) of the Act can be 
made. The schedule for initiating and completing such rulemaking 
proceedings will, to the extent feasible, follow the schedule specified 
in appendix A \1\ to this part.
---------------------------------------------------------------------------

    \1\ Editorial Note: Appendix A appears at the end of subpart E.
---------------------------------------------------------------------------