[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: 40CFR790.99]

[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]