[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: 40CFR204.57-8]

[Page 98]
 
                   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. 204.57-8  Continued testing.

    (a) If a batch sequence is rejected in accordance with paragraph (b) 
of Sec. 204.57-7, the Administrator may require that any or all 
compressors of that category, configuration or subgroup thereof produced 
at that plant be tested before distribution in commerce.
    (b) The Administrator will notify the manufacturer in writing of his 
intent to require such continued testing of compressors pursuant to 
paragraph (a) of this section.
    (c) The manufacturer may request a hearing on the issues of whether 
the selective enforcement audit was conducted properly; whether the 
criteria for batch sequence rejection in Sec. 204.57-7 have been met; 
and, the appropriateness or scope of a continued testing order. In the 
event that a hearing is requested, the hearing shall begin no later than 
15 days after the date on which the Administrator received the hearing 
request. Neither the request for a hearing nor the fact that a hearing 
is in progress shall affect the responsibility of the manufacturer to 
commence and continue testing required by the Administrator pursuant to 
paragraph (a) of this section.
    (d) Any tested compressor which demonstrates conformance with the 
applicable standards may be distributed into commerce.
    (e) Any knowing distribution into commerce of a compressor which 
does not comply with the applicable standards is a prohibited act.

(Sec. 6, 13, Pub. L. 92-574 (42 U.S.C. 4912))

[41 FR 2172, Jan. 14, 1976, as amended at 42 FR 61455, Dec. 5, 1977; 44 
FR 54295, Sept. 19, 1979]