---
kind: "section"
citation: "40 C.F.R. § 63.2362"
title: "40"
number: "63.2362"
heading: "When must I conduct subsequent performance tests?"
url: "https://uscodex.org/cfr/40/63.2362"
---

# §63.2362. When must I conduct subsequent performance tests?

- (a) For nonflare control devices, you must conduct subsequent performance testing required in Table 5 to this subpart, item 1, at any time the EPA requests you to in accordance with [section 114](/cfr/40/114.md) of the CAA.
- (b)
  - (1) For each transport vehicle that you own that is equipped with vapor collection equipment and that is loaded with organic liquids at a transfer rack that is subject to control based on the criteria specified in Table 2 to this subpart, items 7 through 10, you must perform the vapor tightness testing required in Table 5 to this subpart, item 2, on that transport vehicle at least once per year.
  - (2) For transport vehicles that you own that do not have vapor collection equipment, you must maintain current certification in accordance with the U.S. DOT qualification and maintenance requirements in [49 CFR part 180](/cfr/49/part180.md), [subparts E](/cfr/40/subpartE.md) (cargo tanks) and F (tank cars).

## Notes

### Amendments

[69 FR 5063, Feb. 3, 2004, as amended at 71 FR 42910, July 28, 2006; 85 FR 40765, July 7, 2020]

### Source

Source: 69 FR 5063, Feb. 3, 2004, unless otherwise noted.

### Authority

Authority: 42 U.S.C. 7401 et seq.

### Source

Source: 57 FR 61992, Dec. 29, 1992, unless otherwise noted.

### Amendments

[69 FR 5063, Feb. 3, 2004, as amended at 71 FR 42910, July 28, 2006; 85 FR 40765, July 7, 2020]