[Code of Federal Regulations]
[Title 40, Volume 22]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR204.55-2]

[Page 91-92]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 204--NOISE EMISSION STANDARDS FOR CONSTRUCTION EQUIPMENT--Table of Contents
 
                   Subpart B--Portable Air Compressors
 
Sec. 204.55-2  Requirements.

    (a)(1) Prior to distribution in commerce, compressors of a specific 
configuration must verify such configurations in accordance with this 
subpart.
    (2) [Reserved]
    (3) At any time with respect to a configuration under this subpart, 
the Administrator may require that the manufacturer ship test 
compressors to an

[[Page 92]]

EPA test facility in order for the Administrator to perform the tests 
required for production verification.
    (b) The requirements for purposes of testing by the Administrator 
and Selective Enforcement Auditing consist of:
    (1) Testing in accordance with Sec. 204.54 of a compressor selected 
in accordance with Sec. 204.57-2; and
    (2) Compliance of the test compressor with the applicable standards 
when tested in accordance with Sec. 204.54.
    (c)(1) In lieu of testing compressors of every configuration, as 
described in paragraph (b) of this section, the manufacturer may elect 
to verify the configuration based on representative testing, the 
requirements of which consist of:
    (i) Grouping configurations into a category where each category will 
be determined by a separate combination of at least the following 
parameters (a manufacturer may use more parameters):
    (A) Engine type.
    (1) Gasoline--two stroke cycle
    (2) Gasoline--four stroke cycle
    (3) Diesel--two stroke cycle
    (4) Diesel--four stroke cycle
    (5) Rotary--Wankel
    (6) Turbine
    (7) Other
    (B) Engine manufacturer
    (C) Compressor delivery rate (at rated pressure)
    (ii) Identifying the configuration within each category which emits 
the highest sound level in dBA based on best technical judgment, 
emission test data, or both.
    (iii) Testing in accordance with Sec. 204.54 selected in accordance 
with Sec. 204.57-2 which must be a compressor of the configuration which 
is identified pursuant to paragraph (c)(1)(iii) of this section as 
having the highest sound level (estimated or actual) within the 
category.
    (iv) Compliance of the test compressor with applicable standards 
when tested in accordance with Sec. 204.54.
    (2) Where the requirements of paragraph (c)(1) of this section are 
complied with, all those configurations contained within a category are 
considered represented by the tested compressor.
    (3) Where the manufacturer tests a compressor configuration which 
has not been determined as having the highest sound level of a category, 
but all other requirements of paragraph (c)(1) of this section are 
complied with, all those configurations contained within that category 
which are determined to have sound levels no greater than the tested 
compressor are considered to be represented by the tested compressor: 
However, a manufacturer must for purposes of Testing by the 
Administrator and Selective Enforcement Auditing verify according to the 
requirements of paragraph (b)(1) and/or (c)(1) of this section any 
configurations in the subject category which have a higher sound level 
than the compressor configuration tested.
    (d) A manufacturer may elect for purposes of Testing by the 
Administrator and Selective Enforcement Auditing to use representative 
testing, pursuant to paragraph (c) of this section, all or part of his 
product line.
    (e) The manufacturer may, at his option, proceed with any of the 
following alternatives with respect to any compressor determined not in 
compliance with applicable standards:
    (1) In the case of representative testing, a new test compressor 
from another configuration must be selected according to the 
requirements of paragraph (c) of this section in order to verify the 
configurations represented by the non-compliant compressor.
    (2) Modify the test compressor and demonstrate by testing that it 
meets applicable standards. The manufacturer must modify all production 
compressors of the same configuration in the same manner as the test 
compressor before distribution into commerce.

(Secs. 6 and 13, Noise Control Act, Pub. L. 92-574, 86 Stat. 1244; (42 
U.S.C. 4912); 42 U.S.C. 4905; 86 Stat. 1237 and secs. 6, 10, 11, 13, 
Pub. L. 92-574, 86 Stat. 1234 (42 U.S.C. 4905, 4909, 4910, 4912))

[41 FR 2172, Jan. 14, 1976, as amended at 42 FR 61455, Dec. 5, 1977; 47 
FR 57711, Dec. 28, 1982; 49 FR 26738, June 29, 1984]