[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: 40CFR791.40]
[Page 32]
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
PART 791_DATA REIMBURSEMENT--Table of Contents
Subpart C_Basis for Proposed Order
Sec. 791.40 Basis for the proposed order.
(a) The hearing officer shall propose a fair and equitable amount of
reimbursement. The formula in paragraph (b) of this section shall be
presumed to be fair and equitable as applied to all persons subject to a
test rule. However, the hearing officer has the discretion to modify the
formula, or to use some other basis for allocation if necessary.
Additional factors that may be taken into account include, but are not
limited to, relative amounts of exposure attributable to each person and
the effect of the reimbursement share on competitive position.
(b) In general, each person's share of the test cost shall be in
proportion to its share of the total production volume of the test
chemical:
[GRAPHIC] [TIFF OMITTED] TC15NO91.044
Where:
R=the reimbursement share owed by company X.
C=the total cost of the testing required by the test rule.
Vx=the volume of the test chemical produced or imported by
company X over the period defined by Sec. 791.48.
Vt=the total volume of the test chemical produced or imported
over the period defined by Sec. 791.48.
(c) The burden of proposing modifications to the formula shall lie
with the party requesting the modification.