[Code of Federal Regulations]
[Title 40, Volume 22]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR136.5]

[Page 60-61]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 136_GUIDELINES ESTABLISHING TEST PROCEDURES FOR THE ANALYSIS OF 
 
Sec. 136.5  Approval of alternate test procedures.

    (a) The Regional Administrator of the region in which the discharge 
will

[[Page 61]]

occur has final responsibility for approval of any alternate test 
procedure proposed by the responsible person or firm making the 
discharge.
    (b) Within thirty days of receipt of an application, the Director 
will forward such application proposed by the responsible person or firm 
making the discharge, together with his recommendations, to the Regional 
Administrator. Where the Director recommends rejection of the 
application for scientific and technical reasons which he provides, the 
Regional Administrator shall deny the application and shall forward this 
decision to the Director of the State Permit Program and to the 
Alternate Test Procedure Program Coordinator, Office of Science and 
Technology (4303), Office of Water, U.S. Environmental Protection 
Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460.
    (c) Before approving any application for an alternate test procedure 
proposed by the responsible person or firm making the discharge, the 
Regional Administrator shall forward a copy of the application to the 
Alternate Test Procedure Program Coordinator, Office of Science and 
Technology (4303), Office of Water, U.S. Environmental Protection 
Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460.
    (d) Within ninety days of receipt by the Regional Administrator of 
an application for an alternate test procedure, proposed by the 
responsible person or firm making the discharge, the Regional 
Administrator shall notify the applicant and the appropriate State 
agency of approval or rejection, or shall specify the additional 
information which is required to determine whether to approve the 
proposed test procedure. Prior to the expiration of such ninety day 
period, a recommendation providing the scientific and other technical 
basis for acceptance or rejection will be forwarded to the Regional 
Administrator by the Alternate Test Procedure Program Coordinator, 
Washington, DC. A copy of all approval and rejection notifications will 
be forwarded to the Alternate Test Procedure Program Coordinator, Office 
of Science and Technology (4303), Office of Water, U.S. Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460, 
for the purposes of national coordination.
    (e) Approval for nationwide use. (1) As expeditiously as is 
practicable after receipt by the Alternate Test Procedure Program 
Coordinator, Washington, DC, of an application for an alternate test 
procedure for nationwide use, the Alternate Test Procedure Program 
Coordinator, Washington, DC, shall notify the applicant in writing 
whether the application is complete. If the application is incomplete, 
the applicant shall be informed of the information necessary to make the 
application complete.
    (2) As expeditiously as is practicable after receipt of a complete 
package, the Alternate Test Procedure Program Coordinator shall perform 
any analysis necessary to determine whether the alternate test procedure 
satisfies the applicable requirements of this part, and the Alternate 
Test Procedure Program Coordinator shall recommend to the Administrator 
that he/she approve or reject the application and shall also notify the 
application of the recommendation.
    (3) As expeditiously as practicable, an alternate method determined 
by the Administrator to satisfy the applicable requirements of this part 
shall be proposed by EPA for incorporation in subsection 136.3 of 40 CFR 
part 136. EPA shall make available for review all the factual bases for 
its proposal, including any performance data submitted by the applicant 
and any available EPA analysis of those data.
    (4) Following a period of public comment, EPA shall, as 
expeditiously as practicable, publish in the Federal Register a final 
decision to approve or reject the alternate method.

[38 FR 28760, Oct. 16, 1973, as amended at 41 FR 52785, Dec. 1, 1976; 55 
FR 33440, Aug. 15, 1990; 62 FR 30763, June 5, 1997; 72 FR 11239, Mar. 
12, 2007]