[Code of Federal Regulations]
[Title 40, Volume 29]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR766.20]

[Page 834]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 766_DIBENZO-PARA-DIOXINS/DIBENZOFURANS--Table of Contents
 
       Subpart B_Specific Chemical Testing/Reporting Requirements
 
Sec. 766.20  Who must test.


    (a) Any person who manufactures, imports, or processes a chemical 
substance listed in Sec. 766.25 must test that chemical substance and 
must submit appropriate information to EPA according to the schedules 
described in Sec. 766.35. Chemical substances manufactured, imported or 
processed between January 1, 1984 and the date of promulgation of this 
part are subject to testing upon the effective date of this part. All 
other chemical substances are subject to testing immediately upon 
manufacture, import or processing. EPA expects that only manufacturers 
and importers will perform testing, and that the cost of testing will be 
passed on to processors through the pricing mechanism, thereby enabling 
them to share in the cost of testing. However, processors will be called 
upon to sponsor testing should manufacturers and importers fail to do 
so. A processor may apply for an exemption from testing upon 
certification to EPA that a manufacturer or importer is testing the 
chemical substance which that person processes.
    (b) If no manufacturer or importer described in Sec. 766.20 submits 
a letter of intent to perform testing within the period described under 
Sec. 766.35(a), or an exemption application under Sec. 790.45(a), or a 
request for an exclusion or waiver under Sec. 766.32, EPA will issue a 
notice in the Federal Register to notify all processors of that chemical 
substance. The notice will state that EPA has not received any of the 
documents described in the previous sentence, and that current 
processors will have 30 days to submit either a letter of intent to 
perform the test or submit an exemption application.
    (c) If no manufacturer, importer or processor submits a letter of 
intent to perform testing of a specific chemical substance produced by a 
specific process, EPA will notify all manufacturers, importers, and 
processors, either by notice in the Federal Register or by letter, that 
all exemption applications will be denied and that within 30 days all 
manufacturers, importers, and processors will be in violation of this 
part until a proposed study plan is submitted for required testing.
    (d) Manufacturers, importers, and processors who are subject to this 
part must comply with the test rule development and exemption procedures 
in part 790 of this chapter, except as modified in this part.