[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: 40CFR204.56]



[Page 95-96]

 

                   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.  204.56  Testing by the Administrator.



    (a)(1) The Administrator may require that any compressor tested or 

scheduled to be tested pursuant to these regulations or any other 

untested compressors be submitted to him, at such place and time as he 

may designate, for the purpose of conducting tests in accordance with 

the test procedures described in Sec.  204.54 to determine whether such 

compressors conform to applicable regulations.

    (2) The Administrator may specify that he will conduct such testing 

at the manufacturer's facility, in which case instrumentation and 

equipment of the type required by these regulations shall be made 

available by the manufacturer for test operations. The Administrator may 

conduct such tests with his own equipment, which shall be equal to or 

exceed the performance



[[Page 96]]



specifications of the instrumentation or equipment specified by the 

Administrator in these regulations.

    (b)(1) If, based on tests conducted by the Administrator or other 

relevant information, the Administrator determines that the test 

facility does not meet the requirements of Sec.  204.54-1 (a) and (b) he 

will notify the manufacturer in writing of his determination and the 

reasons therefor.

    (2) The manufacturer may at any time within 15 days after receipt of 

a notice issued under paragraph (b)(1) of this section request a hearing 

conducted in accordance with 5 U.S.C. 554 on the issue of whether his 

test facility was in conformance. Such notice will not take effect until 

15 days after receipt by the manufacturer, or if a hearing is requested 

under this paragraph, until adjudication by the hearing examiner.

    (3) After any notification issued under paragraph (b)(1) of this 

section has taken effect, no data thereafter derived from such test 

facility will be acceptable for purposes of this part.

    (4) The manufacturer may request in writing that the Administrator 

reconsider this determination under paragraph (b)(1) of this section 

based on data or information which indicates that changes have been made 

to the test facility and such changes have resolved the reasons for 

disqualification.

    (5) The Administrator will notify the manufacturer of his 

determination and an explanation of the reasons underlying it with 

regard to the requalification of the test facility within 10 working 

days after receipt of the manufacturer's request for reconsideration 

pursuant to paragraph (b)(4) of this section.



(Secs. 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]