[Code of Federal Regulations]
[Title 40, Volume 5]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR53.11]

[Page 14]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 53--AMBIENT AIR MONITORING REFERENCE AND EQUIVALENT METHODS--Table of Contents
 
                      Subpart A--General Provisions
 
Sec. 53.11   Cancellation of reference or equivalent method designation.

    (a) Preliminary finding. If the Administrator makes a preliminary 
finding on the basis of any available information that a representative 
sample of a method designated as a reference or equivalent method and 
offered for sale as such does not fully satisfy the requirements of this 
part or that there is any violation of the requirements set forth in 
Sec. 53.9, the Administrator may initiate proceedings to cancel the 
designation in accordance with the following procedures.
    (b) Notification and opportunity to demonstrate or achieve 
compliance. (1) After making a preliminary finding in accordance with 
paragraph (a) of this section, the Administrator will send notice of the 
preliminary finding to the applicant, together with a statement of the 
facts and reasons on which the preliminary finding is based, and will 
publish notice of the preliminary finding in the Federal Register.
    (2) The applicant will be afforded an opportunity to demonstrate or 
to achieve compliance with the requirements of this part within 60 days 
after publication of notice in accordance with paragraph (b)(1) of this 
section or within such further period as the Administrator may allow, by 
demonstrating to the satisfaction of the Administrator that the method 
in question satisfies the requirements of this part, by commencing a 
program to make any adjustments that are necessary to bring the method 
into compliance, or by taking such action as may be necessary to cure 
any violation of the requirements of Sec. 53.9. If adjustments are 
necessary to bring the method into compliance, all such adjustments 
shall be made within a reasonable time as determined by the 
Administrator. If the applicant demonstrates or achieves compliance in 
accordance with this paragraph (b)(2), the Administrator will publish 
notice of such demonstration or achievement in the Federal Register.
    (c) Request for hearing. Within 60 days after publication of a 
notice in accordance with paragraph (b)(1) of this section, the 
applicant or any interested person may request a hearing as provided in 
Sec. 53.12.
    (d) Notice of cancellation. If, at the end of the period referred to 
in paragraph (b)(2) of this section, the Administrator determines that 
the reference or equivalent method designation should be canceled, a 
notice of cancellation will be published in the Federal Register and the 
designation will be deleted from the list maintained under Sec. 53.8(c). 
If a hearing has been requested and granted in accordance with 
Sec. 53.12, action under this paragraph (d) will be taken only after 
completion of proceedings (including any administrative review) 
conducted in accordance with Sec. 53.13 and only if the decision of the 
Administrator reached in such proceedings is that the designation in 
question should be canceled.