[Code of Federal Regulations]

[Title 40, Volume 24]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 40CFR204.55-2]



[Page 93-94]

 

                   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 94]]



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]