[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: 40CFR211.111]

[Page 173-174]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 211--PRODUCT NOISE LABELING--Table of Contents
 
                      Subpart A--General Provisions
 
Sec. 211.111  Testing by the Administrator.

    (a)(1) To determine whether products conform to applicable 
regulations under this part, the Administrator may require that any 
product that is to be

[[Page 174]]

tested under applicable regulations in this part, or any other products 
that are regulated under this part, be submitted to him, at a place and 
time that he designates, to conduct tests on them in accordance with the 
test procedures described in the regulations.
    (2) The Administrator may specify that he will conduct the testing 
at the facility where the manufacturer conducted required testing. The 
Administrator will conduct the tests with his own equipment.
    (b)(1) If, from the tests conducted by the Administrator, or other 
relevant information, the Administrator determines that the test 
facility used by the manufacturer(s) does not meet the requirements of 
this part for conducting the test required by this part, he will notify 
the manufacturer(s) in writing of his determination and the reasons for 
it.
    (2) After the Administrator has notified the manufacturer, EPA will 
not accept any data from the subject test facility for the purposes of 
this part, and the Administrator may issue an order to the 
manufacturer(s) to cease to distribute in commerce products that come 
from the product categories in question. However, any such order shall 
be issued only after an opportunity for a hearing. Notification of this 
opportunity may be included in a notification under paragraph (b)(1) of 
this section. A manufacturer may request that the Administrator grant a 
hearing. He must make this request no later than fifteen (15) days (or 
any other period the Administrator allows) after the Administrator has 
notified the manufacturer that he intends to issue an order to cease to 
distribute.
    (3) A manufacturer may request in writing that the Administrator 
reconsider his determination in paragraph (b)(1) of this section, if he 
can provide data or information which indicates that changes have been 
made to the test facility, and that those changes have remedied the 
reason for disqualification.
    (4) The Administrator will notify a manufacturer of his decision 
concerning requalifying the test facility within 10 days of the time the 
manufacturer requested reconsideration under paragraph (b)(3) of this 
section.
    (c)(1) The Administrator will assume all reasonable costs associated 
with shipment of products to the place designated pursuant to paragraph 
(a) of this section, except with respect to:
    (i) [Reserved]
    (ii) Testing of a reasonable number of products for purposes of 
compliance audit testing under the Section titled Compliance Audit 
Testing of the product-specific Subpart, or if the manufacturer has 
failed to establish that there is a correlation between his test 
facility and the EPA test facility or the Administrator has reason to 
believe, and provides the manufacturer with a statement or reasons, that 
the products to be tested would fail to meet their verification level if 
tested at the EPA test facility, but would meet the level if tested at 
the manufacturer's test facility;
    (iii) Any testing performed during a period when a notice issued 
under paragraph (b) of this section, is in effect; and
    (iv) Any testing performed at place other than the manufacturer's 
facility as a result of the manufacturer's failure to permit the 
Administrator to conduct or monitor testing as required by this part.

(Secs. 11 and 13, Pub. L. 92-574, 86 Stat. 1243 (42 U.S.C. 4910, 4912))

[44 FR 56127, Sept. 28, 1979, as amended at 47 FR 57716, Dec. 28, 1982]