[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: 40CFR205.56]



[Page 120-121]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 205_TRANSPORTATION EQUIP MENT NOISE EMISSION CONTROLS--Table of 

Contents

 

                    Subpart B_Medium and Heavy Trucks

 

Sec.  205.56  Testing by the Administrator.



    (a)(1) The Administrator may require that any vehicles to be tested 

pursuant to the Act be submitted to him, at such place and time as he 

may reasonably designate and in such quantity and for such time as he 

may reasonably require for the purpose of conducting tests in accordance 

with test procedures described in Sec.  205.54 to determine whether such 

vehicles or a manufacturer's test facility conform to applicable 

regulations. It is a condition of the requirements under this section 

that the manner in which the Administrator conducts such tests, the EPA 

test facility itself, and the test procedures he employs shall be based 

upon good engineering practice and meet or exceed the requirements of 

Sec.  205.54 of the 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 equal or exceed 

the performance specifications of the instrumentation or equipment 

specified by the Administrator in these regulations.

    (3) The manufacturer may observe tests conducted by the 

Administrator pursuant to this section on vehicles produced by such 

manufacturer and may copy the data accumulated from such tests. The 

manufacturer may inspect any such vehicles before and after testing by 

the Administrator.

    (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.  205.54-1 (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 his 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 under lying it with 

regard to the re quali fi ca tion of the test facility with in 10 

working days after receipt of the manufacturer's request for re con sid 

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

    (c)(1) The Administrator will assume all reasonable costs associated 

with shipment of vehicles to the place designated pursuant to paragraph 

(a) of this section except with respect to:

    (i) [Reserved]

    (ii) Testing of a reasonable number of vehicles for purposes of 

selective enforcement auditing under Sec.  205.57 or testing of smaller 

numbers of vehicles, if the manufacturer has failed to establish that 

there is a correlation between its test facility and the EPA test 

facility or the Administrator has reason to believe, and provides the 

manufacturer a statement of such reasons, that the vehicles to be tested 

would fail to meet the standard prescribed in this subpart if tested at 

the EPA test facility, but would meet such standard if tested at the 

manufacturer's test facility;

    (iii) Any testing performed during a period when a notice of 

nonconfor- mance of the manufacturer's test facility issued pursuant to 

paragraph (b) of this section is in effect;

    (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



[[Page 121]]



conduct or monitor testing as required by this part.



[41 FR 15544, Apr. 13, 1976, as amended at 42 FR 61456, 61459, Dec. 5, 

1977; 47 FR 57715, Dec. 28, 1982]