[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: 40CFR211.111]



[Page 175-176]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 211_PRODUCT NOISE LABELING--Table of Contents

 

                      Subpart A_General Provisions

 

Sec.  211.111  Testing by the Administrator.



    (a)(1) To determine whether products conform to applicable 

regulations under this part, the Administrator may require that any 

product that is to be



[[Page 176]]



tested under applicable regulations in this part, or any other products 

that are regulated under this part, be submitted to him, at a place and 

time that he designates, to conduct tests on them in accordance with the 

test procedures described in the regulations.

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

at the facility where the manufacturer conducted required testing. The 

Administrator will conduct the tests with his own equipment.

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

relevant information, the Administrator determines that the test 

facility used by the manufacturer(s) does not meet the requirements of 

this part for conducting the test required by this part, he will notify 

the manufacturer(s) in writing of his determination and the reasons for 

it.

    (2) After the Administrator has notified the manufacturer, EPA will 

not accept any data from the subject test facility for the purposes of 

this part, and the Administrator may issue an order to the 

manufacturer(s) to cease to distribute in commerce products that come 

from the product categories in question. However, any such order shall 

be issued only after an opportunity for a hearing. Notification of this 

opportunity may be included in a notification under paragraph (b)(1) of 

this section. A manufacturer may request that the Administrator grant a 

hearing. He must make this request no later than fifteen (15) days (or 

any other period the Administrator allows) after the Administrator has 

notified the manufacturer that he intends to issue an order to cease to 

distribute.

    (3) A manufacturer may request in writing that the Administrator 

reconsider his determination in paragraph (b)(1) of this section, if he 

can provide data or information which indicates that changes have been 

made to the test facility, and that those changes have remedied the 

reason for disqualification.

    (4) The Administrator will notify a manufacturer of his decision 

concerning requalifying the test facility within 10 days of the time the 

manufacturer requested reconsideration under paragraph (b)(3) of this 

section.

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

with shipment of products to the place designated pursuant to paragraph 

(a) of this section, except with respect to:

    (i) [Reserved]

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

compliance audit testing under the Section titled Compliance Audit 

Testing of the product-specific Subpart, or if the manufacturer has 

failed to establish that there is a correlation between his test 

facility and the EPA test facility or the Administrator has reason to 

believe, and provides the manufacturer with a statement or reasons, that 

the products to be tested would fail to meet their verification level if 

tested at the EPA test facility, but would meet the level if tested at 

the manufacturer's test facility;

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

under paragraph (b) of this section, is in effect; and

    (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 conduct or monitor testing as required by this part.



(Secs. 11 and 13, Pub. L. 92-574, 86 Stat. 1243 (42 U.S.C. 4910, 4912))



[44 FR 56127, Sept. 28, 1979, as amended at 47 FR 57716, Dec. 28, 1982]