[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: 40CFR204.58-2]

[Page 99-100]
 
                   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. 204.58-2  Tampering.

    (a) For each configuration of air compressors covered by this part, 
the manufacturer shall develop a list of those acts which, in his 
judgment, might be done to the air compressor in use and which would 
constitute the removal or rendering inoperative of noise control devices 
or elements of design of the compressor.
    (b) The manufacturer shall include in the owner's manual the 
following information:
    (1) The statement:

             Tampering With Noise Control System Prohibited

    Federal law prohibits the following acts or the causing thereof:
    (1) The removal or rendering inoperative by any persons, other than 
for purposes of maintenance, repair, or replacement, of any devices or 
element of design incorporated into any new compressor for the purpose 
of noise control prior to its sale or delivery to the ultimate purchaser 
or while it is in use; or (2) the use of the compressor after such 
device or element of design has been removed or rendered inoperative by 
any person.

    (2) The statement:

    Among those acts included in the prohibition against tampering are 
the acts listed below.


Immediately following this statement, the manufacturer shall include the 
list developed under paragraph (a) of this section.
    (c) Any act included in the list prepared pursuant to paragraph (a) 
of this section is presumed to constitute tampering; however, in any 
case in which a proscribed act has been committed and it can be shown 
that such act resulted in no increase in the sound level of the 
compressor or that the compressor still meets the noise emission 
standard of Sec. 204.52, such set will not constitute tampering.

[[Page 100]]

    (d) The provisions of this section are not intended to preclude any 
State or local jurisdiction from adopting and enforcing its own 
prohibitions against the removal or rendering inoperative of noise 
control systems on compressors subject to this part.

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

[41 FR 2172, Jan. 14, 1976, as amended at 47 FR 57713, Dec. 28, 1982]