Appendix A to Subpart E of Part 790 -- Schedule for Developing Consent Agreements and Test Rules

EPA intends to follow the schedule set forth in this Appendix to evaluate testing candidates, conduct negotiations, develop consent agreements where appropriate, and propose and promulate test rules in those instances where testing can be required under section 4(a) of TSCA but agreement cannot be reached in timely manner on a consent agreement. Where deadlines are imposed by the statute, they are binding on EPA and will be observed by the Agency. The remaining dates represent targets that EPA intends to meet.

This schedule is based on what EPA currently believes are reasonable target dates. As EPA gains experience with the process and determines the feasibility of these schedules, it may adjust the schedule accordingly. EPA will solicit public comment before implementing any changes in the schedule.

 
------------------------------------------------------------------------
           Week \1\                               Event
------------------------------------------------------------------------
0.............................  Receive ITC report, recommendation.
2.............................  Publish ITC report, 8(a) and 8(d)
                                 notices, and invitation for public
                                 participation in negotiations.
3-6...........................  Comment period on ITC report.
6.............................  Public focus meeting.
7-14..........................  8(a) and 8(d) reporting period.
22............................  Public meeting on course-setting
                                 decision and deadline for requests to
                                 participate in negotiations.
22-30.........................  Negotiations.
32............................  EPA decision point: consent agreement or
                                 test rule.
------------------------------------------------------------------------
\1\ The dates contained in the left-hand column are calculated from the
  date EPA receives the ITC report recommending a chemical for testing.

 
------------------------------------------------------------------------
      Week          Consent Agreement      Week          Test Rule
------------------------------------------------------------------------
36-40..........  Comment period on          32-60  Rule preparation,
                  consent agreement.                agency review and
                                                    sign-off.
42.............  Comment resolution            62  Publish proposed rule
                  meeting if necessary.             in Federal
                                                    Register.\1\
48.............  Sign-off consent          70-106  Agency reviews
                  agreement and Federal             comments;
                  Register notice.                  preparation of final
                                                    rule or no-test
                                                    decision, agency
                                                    review and sign-
                                                    off.\1\
50.............  Publish Federal              108  Publish final rule or
                  Register notice.                  no-test decision in
                                                    Federal Register.\1\
------------------------------------------------------------------------
\1\ As stated in § 790.26, EPA may publish an Advance Notice of
  Proposed Rulemaking (ANPR) where the testing recommendations of the
  ITC raise unusually novel and complex issues that require additional
  Agency review and opportunity for public comment. EPA intends to
  publish such ANPRs by Week 62 following receipt of the initial ITC
  report; to publish a proposed rule or decision-not-to-test by Week
  108; and to publish a final rule or notice terminating the rulemaking
  process by Week 154.

[51 FR 23717, June 30, 1986]