[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: 40CFR204.57-1]

[Page 94-95]
 
                   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. 204.57-1  Test request.

    (a) The Administrator will request all testing under this subpart by 
means of a test request addressed to the manufacturer.
    (b) [Reserved]
    (c) The test request will specify the compressor category or 
configuration selected for testing, the batch from which sampling is to 
begin, for testing and the batch size, the manufacturer's plant or 
storage facility from which the compressors must be selected, and the 
time at which compressors must be selected. The test request will also 
provide for situations in which the selected configuration or category 
is unavailable for testing. The test request may include an alternative 
category or configuration selected for testing in the event that 
compressors of the first specified category or configuration are not 
available for testing because the compressors are not being manufactured 
at the specified plant and/or are not being manufactured during the 
specified time or not being stored at the specified plant or storage 
facility.
    (d) Any manufacturer shall, upon receipt of the test request, select 
and test a batch sample of compressors from two consecutively produced 
batches of the compressor category or configurations specified in the 
test request in accordance with these regulations and the conditions 
specified in the test request.
    (e)(1) Any testing conducted by the manufacturer pursuant to a test 
request shall be initiated within such period as is specified in the 
test request; Except, that such initiation may be delayed for increments 
of 24 hours or one business day where ambient test site weather 
conditions in any 24-hour period do not permit testing: Provided, That 
ambient test site weather conditions for that period are recorded.
    (2) The manufacturer shall complete noise emission testing on a 
minimum of five compressors per day, unless otherwise provided for by 
the Administrator or unless ambient test site conditions only permit the 
testing of a lesser number: Provided, That ambient test site weather 
conditions for that period are recorded.
    (3) The manufacturer will be allowed 24 hours to ship compressors 
from a batch sample from the assembly plant to the testing facility if 
the facility is not located at the plant or in close proximity to the 
plant; Except, that the Administrator may approve more

[[Page 95]]

time based upon a request by the manufacturer accompanied by a 
satisfactory justification.
    (f) The Administrator may issue an order to the manufacturer to 
cease to distribute into commerce compressors of a specified category or 
configuration being manufactured at a particular facility if:
    (1) The manufacturer refuses to comply with the provisions of a test 
request issued by the Administrator pursuant to this section; or
    (2) The manufacturer refuses to comply with any of the requirements 
of this section.
    (g) A cease-to-distribute order shall not be issued under paragraph 
(f) of this section if such refusal is caused by conditions and 
circumstances outside the control of the manufacturer which render it 
impossible to comply with the provisions of a test request or any other 
requirements of this section. Such conditions and circumstances shall 
include, but are not limited to, any uncontrollable factors which result 
in the temporary unavailability of equipment and personnel needed to 
conduct the required tests, such as equipment breakdown or failure or 
illness of personnel, but shall not include failure of the manufacturer 
to adequately plan for and provide the equipment and personnel needed to 
conduct the tests. The manufacturer will bear the burden of establishing 
the presence of the conditions and circumstances required by this 
paragraph.
    (h) Any such order shall be issued only after a notice and 
opportunity for a hearing in accordance with section 554 of Title 5 of 
the United States Code.

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

[41 FR 2172, Jan. 14, 1976, as amended at 42 FR 41635, Aug. 18, 1977; 42 
FR 61455, Dec. 5, 1977; 47 FR 57712, Dec. 28, 1982]