§790.28 Procedures for developing consent agreements and/or test rules for chemicals that have not been designated or recommended with intent to designate by the ITC.

(a) Where EPA believes that testing is needed, it may also develop consent agreements and/or test rules on chemical substances or mixtures that either:

(1) Have been recommended but not "recommended with intent to designate" by the ITC.

(2) Have been selected for testing consideration by EPA on its own initiative.

(b) When EPA wishes to initiate negotiations concerning chemicals described in paragraph (a) of this section, it will publish a FEDERAL REGISTER notice describing its tentative evaluation of testing needs, announcing a date for a public course-setting meeting, and inviting persons interested in participating in or monitoring negotiations to contact the Agency in writing. Any negotiations that EPA conducts will conform to the procedures specified in §790.22(b) and, to the extent feasible, will follow the schedules presented in appendix A ¹ to this part.

(c) EPA will enter into consent agreements on chemicals described in paragraph (a) of this section only if there is a consensus among EPA, affected manufacturers and/or processors, and any other persons who have asked to participate in or monitor negotiations. In determining whether such a consensus exists, EPA will employ the criteria specified in §790.24. In the absence of consensus, EPA will initiate rulemaking if it concludes that the findings specified in section 4(a) of the Act can be made. The schedule for initiating and completing such rulemaking proceedings will, to the extent feasible, follow the schedule specified in appendix A ¹ to this part.

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