[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: 40CFR790.42]

[Page 11-12]
 
                   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 C_Implementation, Enforcement, and Modification of Test Rules
 
Sec.  790.42  Persons subject to a test rule.

    (a) Each test rule described in Sec.  790.40 will specify whether 
manufacturers, processors, or both are subject to the requirement for 
testing of the subject chemical under section 4(b)(3)(B) of the

[[Page 12]]

Act and will indicate who will be required to submit letters of intent 
to conduct testing.
    (1) If testing is being required to allow evaluation of risks:
    (i) Primarily associated with manufacture of the chemical, or
    (ii) Associated with both manufacturer and processing of the 
chemical, or
    (iii) Associated with distribution in commerce, use, and/or disposal 
activities concerning the chemical, each manufacturer of the chemical 
will be subject and must comply with the requirements of the test rule.
    (2) While legally subject to the test rule in circumstances 
described in paragraphs (a)(1) (ii) and (iii) of this section, 
processors of the chemical must comply with the requirements of the test 
rule only if processors are directed to do so in a subsequent notice as 
set forth in Sec.  790.48(b).
    (3) If testing is being required to allow evaluation of risks 
associated solely with processing of the chemical, processors will be 
subject and must comply with the requirements of the test rule.
    (4) While legally subject to the test rule in circumstances 
described in paragraph (a)(1) of this section, persons who manufacture 
less than 500 kg (1,100 lb) of the chemical annually during the period 
from the effective date of the test rule to the end of the reimbursement 
period, must comply with the requirements of the test rule only if such 
manufacturers are directed to do so in a subsequent notice as set forth 
in Sec.  790.48, or if directed to do so in a particular test rule.
    (5) While legally subject to the test rule in circumstances 
described in paragraph (a)(1) of this section, persons who manufacture 
small quantities of the chemical solely for research and development 
(meaning quantities that are not greater than those necessary for 
purposes of scientific experimentation or analysis or chemical research 
on, or analysis of, such chemical or another chemical, including such 
research or analysis for development of a product) from the effective 
date of the test rule to the end of the reimbursement period, must 
comply with the requirements of the test rule only if such manufacturers 
are directed to do so in subsequent notice set forth in Sec.  790.48, or 
if directed to do so in a particular test rule.
    (6) If testing is being required to allow evaluation of risks 
associated primarily with manufacture of a chemical for research and 
development (R & D) purposes, manufacturers of the chemical for R & D 
will be subject and must comply with the requirements of the test rule.
    (b) [Reserved]

[50 FR 20657, May 17, 1985. Redesignated at 51 FR 23713, June 30, 1986, 
and amended at 55 FR 18884, May 7, 1990]