Regulations last checked for updates: Jun 02, 2024

Title 40 - Protection of Environment last revised: May 30, 2024
§ 799.1 - Scope and purpose.

(a) This part identifies the chemical substances, mixtures, and categories of substances and mixtures for which data are to be developed, specifies the persons required to test (manufacturers, including importers, and/or processors), specifies the test substance(s) in each case, prescribes the tests that are required including the test standards, and provides deadlines for the submission of reports and data to EPA.

(b) This part requires manufacturers and/or processors of chemical substances or mixtures (“chemicals”) identified in subpart B to submit letters of intent to test, exemption applications, and study plans in accordance with EPA test rule development and exemption procedures contained in part 790 of this chapter and any modifications to such procedures contained in this part.

(c) This part requires manufacturers and/or processors of chemicals identified in subpart B to conduct tests and submit data in accordance with the test standards contained in this part in order to develop data on the health and environmental effects and other characteristics of these chemicals. These data will be used to assess the risk of injury to human health or the environment presented by these chemicals.

(d) This part contains certain TSCA test guidelines which are cross-referenced in the test rules contained in this part.

[49 FR 39817, Oct. 10, 1984, as amended at 62 FR 43824, Aug. 15, 1997]
§ 799.2 - Applicability.

This part is applicable to each person who manufactures or intends to manufacture (including import) and/or to each person who processes or intends to process a chemical substance or mixture identified in subpart B for testing during the period commencing with the effective date of the specific chemical test rule until the end of the reimbursement period. Each set of testing requirements in subpart B specifies whether those requirements apply to manufacturers only, to processors only, or to both manufacturers and processors.

§ 799.3 - Definitions.

The definitions in section 3 of the Toxic Substances Control Act (TSCA) and the definitions of § 790.3 of this chapter apply to this part.

§ 799.5 - Submission of information.

(a) Information (e.g., letters, study plans, or reports) submitted to EPA must be submitted using the method specified in paragraph (b) of this section. All information submitted under this part must bear the Code of Federal Regulations (CFR) section number of the subject chemical test rule (e.g., § 799.1053 for trichlorobenzenes).

(b) You must use CISS to complete and submit all data, reports, and other information required under this part. Submissions must be submitted to EPA via the Central Data Exchange (CDX).

(c) To access CISS go to https://cdx.epa.gov/ssl/CSPP/PrimaryAuthorizedOfficial/Home.aspx and follow the appropriate links and for further instructions to go http://www.epa.gov/oppt/chemtest/ereporting/index.html.

[78 FR 72830, Dec. 4, 2013]
§ 799.10 - Test standards.

Testing required under subpart B must be performed using a study plan prepared according to the requirements of parts 790 and 792 of this chapter unless modified in specific chemical test rules in subpart B. All raw data, documentation, records, protocols, specimens and reports generated as a result of a study under subpart B must be developed, reported, and retained in accordance with TSCA Good Laboratory Practice Standards (GLP's) in part 792 of this chapter. These items must be made available during an inspection or submitted to EPA upon request by EPA or its authorized representative. Laboratories conducting testing for submission to the Agency in response to a test rule promulgated under section 4 of TSCA must adhere to the TSCA GLP's. Sponsors must notify the laboratory that the study is being conducted pursuant to TSCA section 4. Sponsors are also responsible for ensuring that laboratories conducting the test abide by the TSCA GLP standards. In accordance with § 792.12 of this chapter, a certification concerning adherence to the TSCA GLP's must be submitted to EPA.

§ 799.11 - Availability of test guidelines.

(a) The TSCA and FIFRA guidelines for the various study plans are available from the National Technical Information Service (NTIS). Address and telephone number: National Technical Information Service, 5285 Port Royal Road, Springfield, VA 22161 (703-487-4650).

(b) The OECD guidelines for the various study plans are available from the following address: OECD Publication and Information Center, 1750 Pennsylvania Ave., NW., Washington, DC 20006 (202-724-1857).

§ 799.12 - Test results.

Except as set forth in specific chemical test rules in subpart B of this part, a positive or negative test result in any of the tests required under subpart B is defined in the TSCA test guidelines published by NTIS.

§ 799.17 - Effects of non-compliance.

Any person who fails or refuses to comply with any aspect of this part or part 790 is in violation of section 15 of TSCA. EPA will treat violations of Good Laboratory Practice Standards as indicated in § 792.17 of this chapter.

§ 799.18 - Chemicals subject of test rules or consent orders for which the testing reimbursement period has passed.

The following table lists substances and mixtures that have been the subjects of section 4 testing actions and for which the testing reimbursement period has terminated (sunset). The Federal Register citation in the table is for the final rule/consent order that includes the particular substance for which the sunset date listed in the table below applies. Section 12(b) export notification is no longer required for these substances and mixtures. Substances that are the subjects of two or more section 4 testing actions may have section 4 reimbursement or section 12(b) export notification requirements that have not sunset; see subparts B, C, and D of this part to determine if certain other section 4 testing requirements apply. Additionally, section 12(b) export notification may also be triggered by proposed or final action under TSCA section 5, 6, or 7 (in addition to final actions under section 4); see 40 CFR part 707, subpart D for further information regarding the TSCA section 12(b) export notification requirements.

CAS No. Chemical Name FR cite Sunset dates
C-9 Aromatic Hydrocarbon Fraction 150 FR 20662, 5/17/85Aug 13, 1994
62-53-3Aniline53 FR 31804, 8/19/88July 27, 1994
71-55-61,1,1-Trichloroethane49 FR 39810, 10/10/84June 29, 1992
75-56-9Propylene oxide50 FR 48762, 11/27/85Dec,21, 1992
78-87-51,2-Dichloropropane52 FR 37138, 10/5/87April 17, 1995
79-94-7Tetrabromobisphenol-A52 FR 25219, 7/6/87Aug 24, 1994
80-05-7Bisphenol A51 FR 33047, 9/18/86April 6, 1993
84-65-1Anthraquinone52 FR 21018, 6/4/87Aug 21, 1994
87-61-61,2,3-trichlorobenzene51 FR 11728,4/7/86Nov 13, 1993
88-74-42-nitroaniline53 FR 31804, 8/19/88Sept 19, 1994
92-52-41,1-Biphenyl50 FR 37182, 9/12/85March 15, 1994
95-48-7Ortho-cresols AKA 2-methylphenol51 FR 15771, 4/28/86Dec. 6, 1994
95-50-11,2-dichlorobenzene51 FR 24657, 7/8/86April 27, 1994
95-51-22-chloroaniline53 FR 31804, 8/19/88Sept 6, 1994
95-76-13,4-dichloroaniline53 FR 31804, 8/19/88Oct 2, 1994
95-94-31,2,4,5-tetrachlorobenzene51 FR 24657,7/8/86April 27, 1994
97-02-92,4-dinitroaniline53 FR 31804, 8/19/88Oct 19, 1993
98-82-8Cumene53 FR 28195, 7/27/88March 11, 1995
99-30-92,6-dichloro-4-nitroaniline53 FR 31804, 8/19/88Aug 6, 1994
100-01-64-nitroaniline53 FR 31804, 8/19/88Sept 19, 1994
106-44-5Para-cresols AKA 4-methylphenol51 FR 15771, 4/28/86Dec. 6, 1994
106-46-71,4-dichlorobenzene51 FR 24657, 7/8/86Jan 22, 1994
106-47-84-chloroaniline53 FR 31804, 8/19/88Oct 19, 1993
108-39-4Meta-cresols AKA 3-methylphenol51 FR 15771, 4/28/86Dec. 6, 1994
108-90-7Monochlorobenzene51 FR 24657, 7/8/86Nov 13, 1991
112-90-3Oleylamine52 FR 31962, 8/24/87Nov 28, 1994
116-14-3Tetrafluoroethene52 FR 21516, 6/8/87May 19, 1993
116-15-4Hexafluoropropene52 FR 21516, 6/8/87Jan 22, 1994
123-31-9Hydroquinone50 FR 53145, 12/30/85Dec. 11, 1994
149-57-52-Ethylhexanoic Acid51 FR 40318, 11/6/86June 19, 1993
328-84-73,4-Dichlorobenzotrifluoride52 FR 23547, 6/23/87Dec. 5, 1993
25550-98-5Diisodecyl Phenyl Phosphite54 FR 8112, 2/24/89May 21, 1995

1 Only substances obtained from the reforming of crude petroleum.

[60 FR 31923, June 19, 1995]
§ 799.19 - Chemical imports and exports.

Persons who export or who intend to export chemical substances or mixtures listed in subpart B, subpart C, or subpart D of this part are subject to the requirements of 40 CFR part 707.

[71 FR 66245, Nov. 14, 2006]
authority: 15 U.S.C. 2603,2611,2625
source: 49 FR 39817, Oct. 10, 1984, unless otherwise noted.
cite as: 40 CFR 799.17