§790.26 Initiation and completion of rulemaking proceedings on ITC-designated chemicals.

(a) Where EPA concludes that a consensus does not exist concerning the provisions of a draft consent agreement and that the findings specified by section 4(a) can be made, the Agency will proceed with rulemaking under section 4(a) of TSCA.

(b) When EPA decides to proceed with rulemaking under paragraph (a) of this section, the Agency intends to publish a rulemaking proposal and a final rule or a notice terminating the rulemaking proceeding in accordance with the schedule specified in Appendix A ¹ to this part.

¹Editorial Note: Appendix A appears at the end of subpart E.

(c) Where the testing recommendations of the ITC raise unusually complex and novel issues that require additional Agency review and opportunity for public comment, the Agency may publish an Advance Notice of Proposed Rulemaking (ANPR). The schedule that EPA intends to follow for rulemaking proceedings initiated by publication of an ANPR is presented in appendix A ¹ to this part.