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" tiOIlB and will continue to be effective controls protecting the public health and welfare. Interested persons may participate in this proposed rulemak1ng by submitting written comment in triplicate to the Emission Standards a.nd Engineering Division, Environmental Protection Agency. Research Triangle Park, N.C. 27711. Attention: Mr. Don R. Goodwin. All relevant comments received not later than JWle IS, 1973. w11l be considered. Receipt. of comments will be acknowl- edged but the Emission Standards and Engineering Division will not provide substantial response to individual com- ments. Comments received will be avail- able for public insPection dur1ng normal business hours at the Office of Public Affairs. 401 M street SW., Washington, D.C. 20460. This 'notice of proposed rulemaking is issued under the authority of sections 111 and 114 of the Clean Air Act. as amended (42 U.s.C.1857c-6, 1857c-9). Dated April 27, 1973. JOHN QUARLES, Acting Administrator, Environmental Protection Agency." Pa.rt 60 of Title 40, Code of Federal Regulations is proposed to be amended as follows: 1. Section 60.2 is amended by adding paragraphs (p) and (q). as follows: @ 60.2 Defi nitioJls. . . . . . (p) "Shutdown" means the cessation of operation of an a:fIected facility for any purpose. (q) "Malfunction" means any sudden and unavoidable failure of air pollution control equipment or process equipment or of a process to operate in a normal or usual manner. Failures that are caused entlrely or in part by poor maintenance. careless operation or any other prevent~ able upset condit.ion or equipment break- down shall not be considered malfunc- tions. 2. Section 60.7 1.<; amended by adding paragraph (C) I as follows: ~ 60.7 Nolificalion and record keeping:. . . . f. (c) OIi the 15th day following the end of each calendar quarter, each owner or operator shall file a written report for thooe time periods during the calendar quarter during which emissions were measured or estimated to exceod 'emJs. sions allowance under standards applica- ble during performance tests. The report shall include the date, time of com- mencement, and completion of each time period of excess emissions due to start- UP, shutdown. malfunction, or other causes. The report shall include the na- ture and cause of any such mal!unctioD, corrective actions taken, and preventative measures adopted. . 3. Section 60.8 Is amended by revising paragraph (c), to read as follows: ~ I .., PROPOSED RULES 660.8 Performance tests. . . 10821 is a lOW-Daise-emission product as de- fined in the applicable standard. Sec- ondly, EPA will decide whether the low- noise-emission product is suitable for use as a substitute for a type of product at that time in use by agencies of the Fed- eral Goverrunent. If the product is found suitable, the Administrator will Issue a certificate for that product, effective for a period of 1 year from the date of issu- ance. Thirdly. the Administrator of Gen- eral Services will determine if the certi- fied product has a price to be paid by the government which is no more than 125 per centum of the retail price of the least expensive type of product for which it would be substItuted. If the 10\\1- noise-emission product meets this final requirement. it will be acquired by pur- chase or lease by the Federal Govern- ment for use by the Federal Government in Heu of the products for which it is a suitable substitute. The Administrator of GSA will promulgate separate proce- dures prescribing the circumstances under which the various Federal agencies will be required to purchase certified low-noise-emission products. The proposed regulations which follow pertain to the first two of these steps. It 115 intended at this time that tlle low- noise-emissJon product criterion for any prOduct or class of products will be issued concurrentlY with the Federal noise source rmission standard for that prod- uct or class of products promulgated pur- suant to section 6 of the act. Specific data requirenlents necessary for deciding whether the product Is a "suitable sub- stitute" will be published separately from the low-noise-emission product critenon. Subsection b(3) of section 15 of the act prOVides that the Administrator may es- tablish a-low~noise-emlssion product ad- visory committee. The proposed regula- tions provide for such a committee to be composed of the Administrator of the Environmental Protection Agency, or his designee, representatives of Federal agen- cies, and private individuals. Interested persons may submit written data, views, or arguments (in qUadrupli- cate) in regard to the regulations pro- posed herein to: Office of Notse Abatement and Control, At- . tent1on: Docket ONAC 73001 03. U.S. En- vironmental Protection Agency, Washing- ton, D.C. 20460. All relevant material received by July 2, 1973 will be considered. All comments will be available for public inspection during normal working hours (8 a.m, to 4:30 p.m.) at the Office of Public Affairs. room 329C. Waterside Mall, Fourth and M Streets SW., Washington, D.C. 20460. Final regulations, reflecting modifica- tions as the Administrator deems appro- priate after consideration of comments. will be promulgated WJ soon as practic- a.ble after such consideration. This notice of proposed rulemaking is issued under the authority of section 15 No. 84--Ft. 1-8 FEDERAL REGISTER, VOL. 38, NO. 84-WEDNESDAY, MAY 2, 1973 1@tS:6'S (c) The owner or operator shall per- mit the Admtnistrator to conduct per- formance tests at any reasonable tlme. shall cause the affected facility to be operated for purposes of such tests un- der such oonditions as the Administrator shall specify based on representative per- formance of the affected facility, and shall make -available to the Administra- tor such records as may be necessary to determine such performance. Operations during periods of startup, shutdown, and malfunction shall not constitute repre- sentative performanc.e W1less otherwise specified in the applicable standard. . . 4. A new ~ 60.11 is added, as follows: ~ 60.11 CompJiaIlce ,..ilh IU1Jndard~ and Dluiulcnance requirements. (a) Compliance with standards in this part, other than opacity standards, shall be determined only by the performance tests established by 9 60.8. (b) Compliance with opacity stand- ards in this part shall be determined by use of Test Method 9 of the appendix. (c) The opacity standards set forth in this part shall apply at all times ex- cept during periods of startup, shutdown, malfunction, and as otherwise provided in the applicable standard. (d) At all times, including periOds of startup, shutdown, and malfunction, owners and operators shall, to the extent practicable. maintain and operate any affected facilit}' in a manner consistent with operations during the most recent performance test indicating compliance. Determination of whether acceptable operating and maintenance procedures are being used will be based on infonna- tion available to the Administrator which may include, but is not limited to, moni- toring results. opacity observations, re- view of operating and maintenance pro- cedures, and inspection of the source. IFR Doc.73-8577 Filed 5-1-73;8:45 am} [40 CFR Part 203] LOW.NOISE EMISSION PRODUCTS Proposed Certification Procedures The Environmental ProtecUon Agency proposes to establish a new part 203 of title 40 of the Code of Federal Regula- tions (40 CPR 203.1 through 203.9). Section 15 of the Noise Control Act of 1972, PUblic Law 92-574, 86 Stat. 1234, established a process Wlder which the Federal Government wi~l give preference in its purchasing to products who.'jle, noise emissions are significantly 10w~1" than those required by the Federal noise source emission sta.nda.rds, promulgated pursuant to section 6 of the act. in effect at the time of procurement. The process involves three steps. First. EP A will determine upon receipt of a properly filed certification applica- tion whether a class or model of product