[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: 40CFR204.58-2]



[Page 101-102]

 

                   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 102]]



    (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]