[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: 40CFR790.20]

[Page 7-8]
 
                   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.  790.20  Recommendation and designation of testing candidates by the ITC.

    Source: 51 FR 23713, June 30, 1986, unless otherwise noted.


    (a) Recommendations with intent to designate. The ITC has advised 
EPA that it will discharge its responsibilities under section 4(e) of 
the Act in the following manner:
    (1) When the ITC identifies a chemical substance or mixture that it 
believes should receive expedited consideration by EPA for testing, the 
ITC

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may add the substance or mixture to its list of chemicals recommended 
for testing and include a statement that the ITC intends to designate 
the substance or mixture for action by EPA in accordance with section 
4(e)(1)(B) of the Act.
    (2) Chemical substances or mixtures selected for expedited review 
under paragraph (a)(1) of this section may, at a later time, be 
designated for EPA action within 12 months of such designation. The 
ITC's subsequent decision would be based on the ITC's review of TSCA 
sections 8(a) and 8(d) data and other relevant information.
    (3) Where the ITC concludes that a substance or mixture warrants 
testing consideration but that expedited EPA review of testing needs is 
not justified, the ITC will add the substance or mixture to its list of 
testing recommendations without expressing an intent to designate the 
substance or mixture for EPA action in accordance with section 
4(e)(1)(B) of the Act.
    (4) The ITC reserves its right to designate any chemical that it 
determines the Agency should, within 12 months of the date first 
designated, initiate a proceeding under section 4(a) of the Act.
    (b) EPA consideration of ITC recommendations. (1) Where a substance 
or mixture is designated for EPA action under section 4(e)(1)(B) of the 
Act, the Agency will take either one of the following actions within 12 
months after receiving the ITC designation:
    (i) Initiate rulemaking proceedings under section 4(a) of the Act.
    (ii) Publish a Federal Register notice explaining the Agency's 
reasons for not initiating such rulemaking proceedings. EPA may conclude 
that rulemaking proceedings under section 4(a) of the Act are 
unnecessary if it determines that the findings specified in section 4(a) 
of the Act cannot be made or if the Agency has entered into a consent 
agreement requiring testing in accordance with the provisions of this 
subpart.
    (2) Where a substance or mixture has been recommended for testing by 
the ITC without an intent to designate, EPA will use its best efforts to 
act on the ITC's recommendations as rapidly as possible consistent with 
its other priorities and responsiblities. EPA may respond to the ITC's 
recommendations either by:
    (i) Initiating rulemaking proceedings under section 4(a) of the Act.
    (ii) Publishing a Federal Register notice explaining the Agency's 
reasons for concluding that testing is unnecessary.
    (iii) Entering into a consent agreement in accordance with this 
subpart.