---
kind: "section"
citation: "40 C.F.R. § 790.40"
title: "40"
number: "790.40"
heading: "Promulgation of test rules."
url: "https://uscodex.org/cfr/40/790.40"
---

# §790.40. Promulgation of test rules.

- (a) If EPA determines that it is necessary to test a chemical substance or mixture by rule under section 4 of the Act, it will promulgate a test rule in [part 799](/cfr/40/part799.md) of this chapter.
- (b) EPA will promulgate specific test rules in [part 799](/cfr/40/part799.md) of this chapter either by a single-phase rulemaking procedure or by a two-phase rulemaking procedure.
  - (1) Under single-phase test rule development, EPA will promulgate a test rule in [part 799](/cfr/40/part799.md) of this chapter through a notice and comment rulemaking which specifies the following:
    - (i) **Identification of the chemical for which testing is required under the rule.**
    - (ii) The health or environmental effect or effects or other characteristics for which testing is being required.
    - (iii) Which test substance(s) must be tested.
    - (iv) **Standards for the development of test data.**
    - (v) **The EPA Good Laboratory Practice requirements for the required testing.**
    - (vi) **Schedule for submission of interim reports and/or final reports to EPA.**
    - (vii) Who must submit either letters of intent to conduct testing or exemption applications.
    - (viii) What types of data EPA will examine in determining equivalence if more than one test substance is to be tested.
  - (2) Under two-phase test rule development, EPA will promulgate a Phase I test rule in [part 799](/cfr/40/part799.md) of this chapter through a notice and comment rulemaking which specifies the following:
    - (i) **Identification of the chemical for which testing is required under the rule.**
    - (ii) The health or environmental effect or effects or other characteristics for which testing is being required.
    - (iii) Which test substance(s) must be tested.
    - (iv) **A reference to appropriate guidelines for the development of test data.**
    - (v) **The EPA Good Laboratory Practice requirements for the required testing.**
    - (vi) Who must submit either letters of intent to conduct testing and study plans, or exemption applications.
    - (vii) What types of data EPA will examine in determining equivalence if more than one test substance is to be tested.
  - (3) Under two-phase test rule development, test standards and schedules will be developed in a second phase of rulemaking as described in §§ [790.50](/cfr/40/790.50.md) and [790.52](/cfr/40/790.52.md).

## Notes

### Amendments

[50 FR 20657, May 17, 1985. Redesignated and amended at 51 FR 23713, June 30, 1986; 54 FR 36313, Sept. 1, 1989]

### Source

Source: 50 FR 20657, May 17, 1985, unless otherwise noted. Redesignated at 51 FR 23713, June 30, 1986.

### Authority

Authority: 15 U.S.C. 2603.

### Amendments

[50 FR 20657, May 17, 1985. Redesignated and amended at 51 FR 23713, June 30, 1986; 54 FR 36313, Sept. 1, 1989]