[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 [[Page 8]] 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.