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Title 40 Part 790 → Subpart E → §790.80

Title 40 → Chapter I → Subchapter R → Part 790 → Subpart E → §790.80

Electronic Code of Federal Regulations e-CFR

Title 40 Part 790 → Subpart E → §790.80

e-CFR data is current as of December 9, 2019

Title 40Chapter ISubchapter RPart 790Subpart E → §790.80


Title 40: Protection of Environment
PART 790—PROCEDURES GOVERNING TESTING CONSENT AGREEMENTS AND TEST RULES
Subpart E—Exemptions From Test Rules


§790.80   Submission of exemption applications.

(a) Who should file applications. (1) Any manufacturer or processor subject to a test rule in part 799 of this chapter may submit an application to EPA for an exemption from performing any or all of the tests required under the test rule.

(2) Processors will not be required to apply for an exemption or conduct testing unless EPA so specifies in a test rule or in a special Federal Register notice as described in §790.48(b)(2) under the following circumstances:

(i) If testing is being required to allow evaluation of risks associated with manufacturing and processing or with distribution in commerce, use, or disposal of the chemical and manufacturers do not submit notice(s) of intent to conduct the required testing; or

(ii) If testing is being required solely to allow evaluation of risks associated with processing of the chemical.

(b) When applications must be filed. (1) Exemption applications must be filed within 30 days after the effective date of the test rule described in §790.40 or, if being submitted in compliance with the Federal Register notice described in §790.48(b)(2), within 30 days after the publication of that notice.

(2) Exemption applications must be filed by the date manufacture or processing begins by any person not manufacturing or processing the subject chemical as of the effective date of the test rule described in §790.40 or by 30 days after the effective date of the test rule described in §790.40, who, before the end of the reimbursement period, manufactures or processes the test substance and who is subject to the requirement to submit either a letter of intent to test or an exemption application.

(3) When both manufacturers and processors are subject to the rule, exemption applications must be filed by the date processing begins by any person not processing as of the effective date of the test rule described in §790.40 or by 30 days after publication of the Federal Register notice described in §790.48(b)(2) who, before the end of the reimbursement period, processes the test substance and who is subject to the requirement to submit either a letter of intent to test or an exemption application.

(c) Scope of application. A person may apply for an exemption from all, or one or more, specific testing requirements in a test rule in part 799 of this chapter.

[50 FR 20660, May 17, 1985, as amended at 58 FR 34205, June 23, 1993]


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