40 CFR § 790.52 - Phase II test rule.

---
identifier: "/us/cfr/t40/s790.52"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "40 CFR § 790.52 - Phase II test rule."
title_number: 40
title_name: "Protection of Environment"
section_number: "790.52"
section_name: "Phase II test rule."
chapter_name: "ENVIRONMENTAL PROTECTION AGENCY"
subchapter_number: "R"
subchapter_name: "TOXIC SUBSTANCES CONTROL ACT"
part_number: "790"
part_name: "PROCEDURES GOVERNING TESTING CONSENT AGREEMENTS AND TEST RULES"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "15 U.S.C. 2603."
cfr_part: "790"
---


# 790.52 Phase II test rule.

(a) If EPA determines that the proposed study plan described in § 790.50(a)(2) complies with § 790.50(c), EPA will publish a proposed Phase II test rule in the *Federal Register* requesting comments on the ability of the proposed study plan to ensure that data from the test will be reliable and adequate.

(b) EPA will provide a 45-day comment period and will provide an opportunity for an oral presentation upon the request of any person. EPA may extend the comment period if it appears from the nature of the issues raised by EPA's review or from public comments that further comment is warranted.

(c) After receiving and considering public comments on the study plan, EPA will adopt, as proposed or as modified in response to EPA review and public comments, the study protocol section of the study plan, as defined by § 790.50(c)(1)(v) of this chapter, as the test standard for the required testing, and the schedule section of the study plan, as defined by § 790.50(c)(1)(vi) of this chapter, as the schedule for the required testing in a final Phase II test rule.

[50 FR 20657, May 17, 1985. Redesignated at 51 FR 23713, June 30, 1986, and amended at 52 FR 36569, Sept. 30, 1987]