[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: 40CFR204.57-1]



[Page 96-97]

 

                   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.  204.57-1  Test request.



    (a) The Administrator will request all testing under this subpart by 

means of a test request addressed to the manufacturer.

    (b) [Reserved]

    (c) The test request will specify the compressor category or 

configuration selected for testing, the batch from which sampling is to 

begin, for testing and the batch size, the manufacturer's plant or 

storage facility from which the compressors must be selected, and the 

time at which compressors must be selected. The test request will also 

provide for situations in which the selected configuration or category 

is unavailable for testing. The test request may include an alternative 

category or configuration selected for testing in the event that 

compressors of the first specified category or configuration are not 

available for testing because the compressors are not being manufactured 

at the specified plant and/or are not being manufactured during the 

specified time or not being stored at the specified plant or storage 

facility.

    (d) Any manufacturer shall, upon receipt of the test request, select 

and test a batch sample of compressors from two consecutively produced 

batches of the compressor category or configurations specified in the 

test request in accordance with these regulations and the conditions 

specified in the test request.

    (e)(1) Any testing conducted by the manufacturer pursuant to a test 

request shall be initiated within such period as is specified in the 

test request; Except, that such initiation may be delayed for increments 

of 24 hours or one business day where ambient test site weather 

conditions in any 24-hour period do not permit testing: Provided, That 

ambient test site weather conditions for that period are recorded.

    (2) The manufacturer shall complete noise emission testing on a 

minimum of five compressors per day, unless otherwise provided for by 

the Administrator or unless ambient test site conditions only permit the 

testing of a lesser number: Provided, That ambient test site weather 

conditions for that period are recorded.

    (3) The manufacturer will be allowed 24 hours to ship compressors 

from a batch sample from the assembly plant to the testing facility if 

the facility is not located at the plant or in close proximity to the 

plant; Except, that the Administrator may approve more



[[Page 97]]



time based upon a request by the manufacturer accompanied by a 

satisfactory justification.

    (f) The Administrator may issue an order to the manufacturer to 

cease to distribute into commerce compressors of a specified category or 

configuration being manufactured at a particular facility if:

    (1) The manufacturer refuses to comply with the provisions of a test 

request issued by the Administrator pursuant to this section; or

    (2) The manufacturer refuses to comply with any of the requirements 

of this section.

    (g) A cease-to-distribute order shall not be issued under paragraph 

(f) of this section if such refusal is caused by conditions and 

circumstances outside the control of the manufacturer which render it 

impossible to comply with the provisions of a test request or any other 

requirements of this section. Such conditions and circumstances shall 

include, but are not limited to, any uncontrollable factors which result 

in the temporary unavailability of equipment and personnel needed to 

conduct the required tests, such as equipment breakdown or failure or 

illness of personnel, but shall not include failure of the manufacturer 

to adequately plan for and provide the equipment and personnel needed to 

conduct the tests. The manufacturer will bear the burden of establishing 

the presence of the conditions and circumstances required by this 

paragraph.

    (h) Any such order shall be issued only after a notice and 

opportunity for a hearing in accordance with section 554 of Title 5 of 

the United States Code.



(Secs. 6, 11 and 13, Noise Control Act, Pub. L. 92-574, 86 Stat. 1244; 

(42 U.S.C. 4910 and 4912))



[41 FR 2172, Jan. 14, 1976, as amended at 42 FR 41635, Aug. 18, 1977; 42 

FR 61455, Dec. 5, 1977; 47 FR 57712, Dec. 28, 1982]