[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: 40CFR53.14]

[Page 16]
 
                   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. 53.14   Modification of a reference or equivalent method.

    (a) An applicant who offers a method for sale as a reference or 
equivalent method shall report to the EPA Administrator prior to 
implementation any intended modification of the method, including but 
not limited to modifications of design or construction or of operational 
and maintenance procedures specified in the operation manual (see 
Sec. 53.9(g)). The report shall be signed by an authorized 
representative of the applicant, marked in accordance with Sec. 53.15 
(if applicable), and addressed as specified in Sec. 53.4(a).
    (b) A report submitted under paragraph (a) of this section shall 
include:
    (1) A description, in such detail as may be appropriate, of the 
intended modification.
    (2) A brief statement of the applicant's belief that the 
modification will, will not, or may affect the performance 
characteristics of the method.
    (3) A brief statement of the probable effect if the applicant 
believes the modification will or may affect the performance 
characteristics of the method.
    (4) Such further information, including test data, as may be 
necessary to explain and support any statement required by paragraphs 
(b)(2) and (b)(3) of this section.
    (c) Within 30 calendar days after receiving a report under paragraph 
(a) of this section, the Administrator will take one or more of the 
following actions:
    (1) Notify the applicant that the designation will continue to apply 
to the method if the modification is implemented.
    (2) Send notice to the applicant that a new designation will apply 
to the method (as modified) if the modification is implemented, submit 
notice of the determination for publication in the Federal Register, and 
revise or supplement the list referred to in Sec. 53.8(c) to reflect the 
determination.
    (3) Send notice to the applicant that the designation will not apply 
to the method (as modified) if the modification is implemented and 
submit notice of the determination for publication in the Federal 
Register.
    (4) Send notice to the applicant that additional information must be 
submitted before a determination can be made and specify the additional 
information that is needed (in such cases, the 30-day period shall 
commence upon receipt of the additional information).
    (5) Send notice to the applicant that additional tests are necessary 
and specify what tests are necessary and how they shall be interpreted 
(in such cases, the 30-day period shall commence upon receipt of the 
additional test data).
    (6) Send notice to the applicant that additional tests will be 
conducted by the Administrator and specify the reasons for and the 
nature of the additional tests (in such cases, the 30-day period shall 
commence 1 calendar day after the additional tests are completed).
    (d) An applicant who has received a notice under paragraph (c)(3) of 
this section may appeal the Administrator's action as follows:
    (1) The applicant may submit new or additional information pertinent 
to the intended modification.
    (2) The applicant may request the Administrator to reconsider data 
and information already submitted.
    (3) The applicant may request that the Administrator repeat any test 
conducted that was a material factor in the Administrator's 
determination. A representative of the applicant may be present during 
the performance of any such retest.

[[Page 17]]