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 1Event0Receive ITC report, recommendation.2Publish ITC report, 8(a) and 8(d) notices, and invitation for public participation in negotiations.3-6Comment period on ITC report.6Public focus meeting.7-148(a) and 8(d) reporting period.22Public meeting on course-setting decision and deadline for requests to participate in negotiations.22-30Negotiations.32EPA 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. WeekConsent AgreementWeekTest Rule36-40Comment period on consent agreement32-60Rule preparation, agency review and sign-off.42Comment resolution meeting if necessary62Publish proposed rule in Federal Register.148Sign-off consent agreement and Federal Register notice70-106Agency reviews comments; preparation of final rule or no-test decision, agency review and sign-off.150Publish Federal Register notice108Publish final rule or no-test decision in Federal Register.11 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.