[Code of Federal Regulations]
[Title 40, Volume 16, Parts 190 to 259]
[Revised as of July 1, 1998]
[CITE: 40CFR204.1]

[Page 77]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
       CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 204--NOISE EMISSION STANDARDS FOR CONSTRUCTION EQUIPMENT--Table of Contents
 
                      Subpart A--General Provisions
 
Sec. 204.1  General applicability.


    The provisions of this subpart are applicable to all products for 
which regulations have been published under this part and which are 
manufactured after the effective date of such regulations.




[Code of Federal Regulations]
[Title 40, Volume 16, Parts 190 to 259]
[Revised as of July 1, 1998]
[CITE: 40CFR204.2]

[Page 77-78]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
       CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 204--NOISE EMISSION STANDARDS FOR CONSTRUCTION EQUIPMENT--Table of Contents
 
                      Subpart A--General Provisions
 
Sec. 204.2  Definitions.

    (a) As used in this subpart, all terms not defined herein shall have 
the meaning given them in the Act.
    (1) Act means the Noise Control Act of 1972 (Pub. L. 92-574, 86 
Stat. 1234).
    (2) Administrator means the Administrator of the Environmental 
Protection Agency or his authorized representative.
    (3) Agency means the United States Environmental Protection Agency.
    (4) Export exemption means an exemption from the prohibitions of 
section 10 (a) (1), (2), (3), and (4) of the Act, granted by statute 
under section 10(b)(2) of the Act for the purpose of exporting regulated 
products.
    (5) National security exemption means an exemption from the 
prohibitions of section 10(a) (1), (2), (3), and (5) of the Act, which 
may be granted under section 10(b)(1) of the Act for the purpose of 
national security.
    (6) [Reserved]
    (7) Testing exemption means an exemption from the prohibitions of 
section 10(a) (1), (2), (3), and (5) of the Act, which may be granted 
under section 10(b)(1) of the Act for the purpose of research, 
investigations, studies, demonstrations, or training, but not including 
national security where lease or sale of the exempted product is 
involved.
    (8) Warranty means the warranty required by section 6(c)(1) of the 
Act.
    (9) Tampering means those acts prohibited by section 10(a)(2) of the 
Act.
    (10) Maintenance instructions means those instructions for 
maintenance, use, and repair, which the Administrator is authorized to 
require pursuant to section 6(c)(1) of the Act.
    (11) Type I Sound Level Meter means a sound level meter which meets 
the Type I requirements of American National Standard Specification 
S1.4-1971 for sound level meters. This publication is available from the 
American National Standards Institute, Inc., 1430 Broadway, New York, 
New York 10018.
    (12) dBA is the standard abbreviation for A-weighted sound level in 
decibels.
    (13) Reasonable assistance means providing timely and unobstructed 
access to test products or products and records required by this part 
and opportunity for copying such records or testing such test products.
    (14) Slow meter response means the meter ballistics of meter dynamic 
characteristics as specified by American National Standard S1.4-1971 or 
subsequent approved revisions.
    (15) Sound level means the weighted sound pressure level measured by 
the use of a metering characteristic and weighing A, B, or C as 
specified in American National Standard Specification for Sound Level 
Meters S1.4-1971 or subsequent approved revision. The weighting employed 
must be specified, otherwise A-weighting is understood.
    (16) Sound pressure level means, in decibels, 20 times the logarithm 
to the

[[Page 78]]

base ten of the ratio of a sound pressure to the reference sound 
pressure of 20 micropascals (20 micronewtons per square meter). In the 
absence of any modifier, the level is understood to be that of a root-
mean-square pressure.
    (17) Product means any construction equipment for which regulations 
have been promulgated under this part and includes ``test product.''
    (18) Test product means any product that is required to be tested 
pursuant to this part.
[41 FR 2172, Jan. 14, 1976, as amended at 47 FR 57711, Dec. 28, 1982]




[Code of Federal Regulations]
[Title 40, Volume 16, Parts 190 to 259]
[Revised as of July 1, 1998]
[CITE: 40CFR204.3]

[Page 78]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
       CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 204--NOISE EMISSION STANDARDS FOR CONSTRUCTION EQUIPMENT--Table of Contents
 
                      Subpart A--General Provisions
 
Sec. 204.3  Number and gender.

    As used in this part, words in the singular shall be deemed to 
import the plural, and words in the masculine gender shall be deemed to 
import the feminine and vice versa, as the case may require.




[Code of Federal Regulations]
[Title 40, Volume 16, Parts 190 to 259]
[Revised as of July 1, 1998]
[CITE: 40CFR204.4]

[Page 78-79]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
       CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 204--NOISE EMISSION STANDARDS FOR CONSTRUCTION EQUIPMENT--Table of Contents
 
                      Subpart A--General Provisions
 
Sec. 204.4  Inspection and monitoring.

    (a) Any inspection or monitoring activities conducted under this 
section shall be for the purpose of determining (1) whether test 
products are being selected and prepared for testing in accordance with 
the provisions of these regulations, (2) whether test product testing is 
being conducted in accordance with these regulations, and (3) whether 
products being produced for distribution into commerce comply with these 
regulations.
    (b) The Director, Noise Enforcement Division, may request that a 
manufacturer subject to this part admit an EPA Enforcement Officer 
during operating hours to any of the following:
    (1) Any facility or site where any product to be distributed into 
commerce is manufactured, assembled, or stored;
    (2) Any facility or site where any tests conducted pursuant to this 
part or any procedures or activities connected with such tests are or 
were performed; and
    (3) Any facility or site where any test product is present.
    (c)(1) An EPA Enforcement Officer, once admitted to a facility or 
site, will not be authorized to do more than:
    (i) To inspect and monitor test product manufacture and assembly, 
selection, storage, preconditioning, noise emission testing, and 
maintenance, and to verify correlation or calibration of test equipment;
    (ii) To inspect products prior to their distribution in commerce;
    (iii) [Reserved]
    (iv) To inspect and photograph any part or aspect of any such 
product and any component used in the assembly thereof that are 
reasonably related to the purpose of his entry;
    (v) To obtain from those in charge of the facility or site such 
reasonable assistance as he may request to enable him to carry out any 
proper function listed in this section.
    (2) [Reserved]
    (3) The provisions of this section apply whether the facility or 
site is owned or controlled by the manufacturer or by one who acts for 
the manufacturer.
    (d) For purposes of this section:
    (1) An ``EPA Enforcement Officer'' is an employee of the EPA Office 
of Enforcement who displays upon arrival at a facility or site the 
credentials identifying him as such an employee and a letter signed by 
the Director, Noise Enforcement Division designating him to make the 
inspection.
    (2) Where test product storage areas or facilities are concerned, 
``operating hours'' shall mean all times during which personnel other 
than custodial personnel are at work in the vicinity of the area or 
facility and have access to it.
    (3) Where facilities or areas other than those covered by paragraph 
(d)(2) of this section are concerned, ``operating hours'' shall mean all 
times during which product manufacture or assembly is in operation or 
all times during which product testing or maintenance, production, or 
compilation of records is taking place, or any other procedure or 
activity related to selective enforcement audit testing or to product 
manufacture or assembly is being carried out.
    (e) The manufacturer shall admit to a facility or site an EPA 
Enforcement Officer who presents a warrant authorizing entry. In the 
absence of such warrant, entry to any facility or site under this 
section will be only upon the consent of the manufacturer.

[[Page 79]]

    (1) It is not a violation of this regulation or the Act for any 
person to refuse entry without a warrant.
    (2) The Administrator or his designee may proceed ex parte to obtain 
a warrant whether or not the manufacturer has refused entry.

(42 U.S.C. 4905, 4912, 86 Stat. 1237-1239, 1244)

[41 FR 2172, Jan. 14, 1976, as amended at 43 FR 27989, June 28, 1978; 47 
FR 57711, Dec. 28, 1982]




[Code of Federal Regulations]
[Title 40, Volume 16, Parts 190 to 259]
[Revised as of July 1, 1998]
[CITE: 40CFR204.5]

[Page 79]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
       CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 204--NOISE EMISSION STANDARDS FOR CONSTRUCTION EQUIPMENT--Table of Contents
 
                      Subpart A--General Provisions
 
Sec. 204.5  Exemptions.




[Code of Federal Regulations]
[Title 40, Volume 16, Parts 190 to 259]
[Revised as of July 1, 1998]
[CITE: 40CFR204.5-1]

[Page 79]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
       CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 204--NOISE EMISSION STANDARDS FOR CONSTRUCTION EQUIPMENT--Table of Contents
 
                      Subpart A--General Provisions
 
Sec. 204.5-1  Testing exemption.

    (a) A new product intended to be used solely for research, 
investigations, studies, demonstrations or training, and so labeled or 
marked on the outside of the container and on the product itself, shall 
be exempt from the prohibitions of sections 10(a) (1), (2), (3), and (5) 
of the Act.
    (b) No request for a testing exemption is required.
    (c) For purposes of section 11(d) of the Act any testing exemption 
shall be void ab initio with respect to each new product, originally 
intended for research, investigations, studies, demonstrations, or 
training, but distributed in commerce for other uses.
[47 FR 57711, Dec. 28, 1982]




[Code of Federal Regulations]
[Title 40, Volume 16, Parts 190 to 259]
[Revised as of July 1, 1998]
[CITE: 40CFR204.5-2]

[Page 79]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
       CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 204--NOISE EMISSION STANDARDS FOR CONSTRUCTION EQUIPMENT--Table of Contents
 
                      Subpart A--General Provisions
 
Sec. 204.5-2  National security exemptions.

    (a) A new product which is produced to conform with specifications 
developed by a national security agency, and so labeled or marked on the 
outside of the container and on the product itself, shall be exempt from 
the prohibitions of sections 10(a) (1), (2), (3), and (4) of the Act.
    (b) No request for a national security exemption is required.
    (c) For purposes of section 11(d) of the Act, any national security 
exemption shall be void ab initio with respect to each new product, 
originally intended to be produced to conform with specifications 
developed by a national security agency but distributed in commerce for 
other uses.
    (d) Any manufacturer or person subject to the liabilities of section 
11(a) with respect to any product originally intended for a national 
security agency, but distributed in commerce for use in any State, may 
be excluded from the application of section 11(a) with respect to such 
product based upon a showing that such manufacturer:
    (1) Had no knowledge of such product being distributed in commerce 
for use in any state; and
    (2) Made reasonable efforts to ensure that such products would not 
be distributed in commerce for use in any State. Such reasonable efforts 
would include investigation, prior dealings, contract provisions, etc.
[47 FR 57711, Dec. 28, 1982]




[Code of Federal Regulations]
[Title 40, Volume 16, Parts 190 to 259]
[Revised as of July 1, 1998]
[CITE: 40CFR204.5-3]

[Page 79-80]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
       CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 204--NOISE EMISSION STANDARDS FOR CONSTRUCTION EQUIPMENT--Table of Contents
 
                      Subpart A--General Provisions
 
Sec. 204.5-3  Export exemptions.

    (a) A new product intended solely for export, and so labeled or 
marked on the outside of the container and on the product itself, shall 
be exempt from the prohibitions of section 10(a), (1), (2), (3), and (4) 
of the Act.
    (b) No request for an export exemption is required.
    (c) For purposes of section 11(d) of the Noise Control Act, any 
export exemption under section 10(b)(2) shall be void ab initio with 
respect to each new product intended solely for export which is 
distributed in commerce for use in any state.
    (d) The Administrator will not institute proceedings against any 
manufacturer pursuant to section 11(d)(1) of the Noise Control Act with 
respect to any product, originally intended for export, but distributed 
in commerce for use in any state, if it is demonstrated to the 
Administrator's satisfaction that:
    (1) The manufacturer had no knowledge that such product would be 
distributed in commerce for use in any state; and
    (2) The manufacturer made reasonable efforts to ensure that such 
product would not be distributed in commerce for use in any state. Such 
reasonable efforts would include consideration of prior dealings with 
any person which resulted in introduction into commerce of a product 
manufactured for export only, investigation of prior instances known to 
the manufacturer of introduction into commerce of a product manufactured 
for export only, and contract provisions which minimize the

[[Page 80]]

probability of introduction into commerce of a product manufactured for 
export only.
[41 FR 2172, Jan. 14, 1976, as amended at 42 FR 61454, Dec. 5, 1977. 
Redesignated at 47 FR 57711, Dec. 28, 1982]




[Code of Federal Regulations]
[Title 40, Volume 16, Parts 190 to 259]
[Revised as of July 1, 1998]
[CITE: 40CFR204.50]

[Page 80]
 
                   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. 204.50  Applicability.


    The provisions of this subpart shall apply to portable air 
compressors which are manufactured after the effective dates specified 
in Sec. 204.52, and which are ``New Products'' as defined in the Act. 
These provisions apply only to portable air compressors with a rated 
capacity equal to or above 75 cubic feet per minute which deliver air at 
pressures greater than 50 psig. The provisions do not apply to the 
pneumatic tools or equipment that the portable air compressor is 
designed to power.




[Code of Federal Regulations]
[Title 40, Volume 16, Parts 190 to 259]
[Revised as of July 1, 1998]
[CITE: 40CFR204.51]

[Page 80-81]
 
                   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. 204.51  Definitions.

    (a) Portable air compressor or compressor means any wheel, skid, 
truck, or railroad car mounted, but not self-propelled, equipment 
designed to activate pneumatic tools. This consists of an air compressor 
(air end), and a reciprocating rotary or turbine engine rigidly 
connected in permanent alignment and mounted on a common frame. Also 
included are all cooling, lubricating, regulating, starting, and fuel 
systems, and all equipment necessary to constitute a complete, self-
contained unit with a rated capacity of 75 cfm or greater which delivers 
air at pressures greater than 50 psig, but does not include any 
pneumatic tools themselves.
    (b) Maximum Rated Capacity means that the portable air compressor, 
operating at the design full speed with the compressor on load, delivers 
its rated cfm output and pressure, as defined by the manufacturer.
    (c) Model year means the manufacturer's annual production period 
which includes January 1 of such calendar year; Provided, that if the 
manufacturer has no annual production period, the term ``model year'' 
shall mean the calendar year.
    (d) Compressor configuration means the basic classification unit of 
a manufacturer's product line and is comprised of compressor lines, 
models or series which are identical in all material respects with 
regard to the parameters listed in Sec. 204.55-3.
    (e) Category means a group of compressor configurations which are 
identical in all aspects with respect to the parameters listed in 
paragraph (c)(1)(i) of Sec. 204.55-2.
    (f) [Reserved]
    (g) Noise emission test means a test conducted pursuant to the 
measurement methodology specified in Sec. 204.54.
    (h) Inspection Criteria means the rejection and acceptance numbers 
associated with a particular sampling plan.
    (i) Acceptable Quality Level (AQL) means the maximum percentage of 
failing compressors that, for purposes of sampling inspection can be 
considered satisfactory as a process average.
    (j) Batch means the collection of compressors of the same category 
or configuration, as designated by the Administrator in a test request, 
from which a batch sample is to be randomly drawn and inspected to 
determine conformance with the acceptability criteria.
    (k) Batch sample means the collection of compressors that are drawn 
from a batch.
    (l) Batch sample size means the number of compressors of the same 
category or configuration which is randomly drawn from the batch sample 
and which will receive emissions tests.
    (m) Test sample means the collection of compressors from the same 
category or configuration which is randomly drawn from the batch sample 
and which will receive emissions tests.
    (n) Batch size means the number, as designated by the Administrator 
in the test request, of compressors of the same category or 
configuration in a batch.
    (o) Test sample size means the number of compressors of the same 
configuration in a test sample.
    (p) Acceptable of a batch means that the number of non-complying 
compressors in the batch sample is less than or equal to the acceptance 
number as determined by the appropriate sampling plan.

[[Page 81]]

    (q) Rejection of a batch means that the number of non-complying 
compressors in the batch sample is greater than or equal to the 
rejection number as determined by the appropriate sampling plan.
    (r) Acceptance of a batch sequence means that the number of rejected 
batches in the sequence is less than or equal to the sequence acceptable 
number as determined by the appropriate sampling plan.
    (s) Rejection of a batch sequence means that the number of rejected 
batches in a sequence is greater than or equal to the sequence rejection 
number as determined by the appropriate sampling plan.
    (t) Shift means the regular production work period for one group of 
workers.
    (u) Failing compressor means that the measured noise emissions of 
the compressor, when measured in accordance with the applicable 
procedure, exceeds the applicable standard.
    (v) Acceptance of a compressor means that the measured noise 
emissions of the compressor, when measured in accordance with the 
applicable procedure, conforms to the applicable standard.
    (w) Test Compressor means a compressor used to demonstrate 
compliance with the applicable noise emissions standard.
    (x) Tampering means those acts prohibited by section 10(a)(2) of the 
Act.

(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 42 FR 41635, Aug. 18, 1977; 47 
FR 57711, Dec. 28, 1982]




[Code of Federal Regulations]
[Title 40, Volume 16, Parts 190 to 259]
[Revised as of July 1, 1998]

[CITE: 40CFR204.52]

[Page 81]
 
                   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. 204.52  Portable air compressor noise emission standard.

    (a) Effective January 1, 1978, portable air compressors with maximum 
rated capacity of less than or equal to 250 cubic feet per minute (cfm) 
shall not produce an average sound level in excess of 76 dBA when 
measured and evaluated according to the methodology provided by this 
regulation. Effective July 1, 1978, portable air compressors with 
maximum rated capacity greater than 250 cfm shall not produce an average 
sound level in excess of 76 dBA when measured and evaluated according to 
the methodology provided by this regulation.
    (b) In-Use Standard. [Reserved]
    (c) Low Noise Emission Product. [Reserved]




[Code of Federal Regulations]
[Title 40, Volume 16, Parts 190 to 259]
[Revised as of July 1, 1998]
[CITE: 40CFR204.54]

[Page 81-83]
 
                   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. 204.54  Test procedures.

    (a) General. This section prescribes the conditions under which 
noise emission standard compliance Selective Enforcement Auditing or 
Testing by the Administrator must be conducted and the measurement 
procedures that must be used to measure the sound level and to calculate 
the average sound level of portable air compressors on which the test is 
conducted.
    (b) Test site description. The location for measuring noise employed 
during noise compliance testing must consist of an open site above a 
hard reflecting plane. The reflecting plane must consist of a surface of 
sealed concrete or sealed asphalt and must extend one (1) meter beyond 
each microphone location. No reflecting surface, such as a building, 
signboard, hillside, etc., shall be located within 10 meters of a 
microphone location.
    (c) Measurement equipment. The measurement equipment must be used 
during noise standard compliance testing and must consist of the 
following or its equivalent:
    (1) A sound level meter and microphone system that conform to the 
Type I requirements of American National Standard (ANS) S1.4-1971, 
``Specification for Sound Level Meters,'' and to the requirements of the 
International Electrotechnical Commission (IEC) Publication No. 179, 
``Precision Sound Level Meters.''
    (2) A windscreen must be employed with the microphone during all 
measurements of portable air compressor noise when the wind speed 
exceeds 11 km/hr. The windscreen shall not affect the A-weighted sound 
levels from the portable air compressor in excess of 
<SUP>plus-minus</SUP>0.5 dB.
    (3) The entire acoustical instrumentation system including the 
microphone and cable shall be calibrated before each test series and 
confirmed afterward. A sound level calibrator accurate to within 
<SUP>plus-minus</SUP>0.5 dB shall be used. A calibration of the 
instrumentation shall be performed at least annually

[[Page 82]]

using the methodology of sufficient precision and accuracy to determine 
compliance with ANS S1.4-1971 and IEC 179. This calibration shall 
consist, at a minimum, of an overall frequency response calibration and 
an attenuator (gain control) calibration plus a measurement of dynamic 
range and instrument noise floor.
    (4) An anemometer or other device accurate to within 
<SUP>plus-minus</SUP>10 percent shall be used to measure wind velocity.
    (5) An indicator accurate to within <SUP>plus-minus</SUP>2 percent 
shall be used to measure portable air compressor engine speed.
    (6) A gauge accurate to within <SUP>plus-minus</SUP>5 percent shall 
be used to measure portable compressor air pressure.
    (7) A metering device accurate to within <SUP>plus-minus</SUP>10 
percent shall be used to measure the portable air compressor compressed 
air volumetric flow rate.
    (8) A barometer for measuring atmospheric pressure accurate to 
within <SUP>plus-minus</SUP>5 percent.
    (9) A thermometer for measuring temperature accurate to within 
<SUP>plus-minus</SUP>1 degree.
    (d) Portable air compressor operation. The portable air compressor 
must be operated at the design full speed with the compressor on load, 
delivering its rated flow and output pressure, during noise emission 
standard compliance testing. The air discharge shall be provided with a 
resistive loading such that no significant pressure drop or throttling 
occurs across the compressor discharge valve. The air discharge shall be 
piped clear of the test area or fed into an effective silencer. The 
sound pressure level due to the air discharge shall be at least 10 dB 
below the sound pressure level generated by the portable air compressor.
    (e) Test conditions. Noise standard compliance testing must be 
carried out under the following conditions:
    (1) No rain or other precipitation,
    (2) No wind above 19 km/hr,
    (3) No observer located within 1 meter, in any direction, of any 
microphone location, nor between the test unit and any microphone,
    (4) Portable air compressor sound levels, at each microphone 
location, 10 dB or greater than the background sound level,
    (5) The machine shall have been warmed up and shall be operating in 
a stable condition as for continuous service and at its maximum rated 
capacity. All cooling air vents in the engine/compressor enclosure, 
normally open during operation, shall be fully open during all sound 
level measurements. Service doors that should be closed during normal 
operation (at any and all ambient temperatures) shall be closed during 
all sound level measurements.
    (f) Microphone locations. Five microphone locations must be employed 
to acquire portable air compressor sound levels to test for noise 
standard compliance. A microphone must be located 
7<SUP>plus-minus</SUP>.1 meters from the right, left, front, and back 
sides and top of the test unit. The microphone position to the right, 
left, front, and back sides of the test unit must be located 
1.5<SUP>plus-minus</SUP>.1 meters above the reflecting plane.
    (g) Data required. The following data must be acquired during noise 
emission standard compliance testing:
    (1) A-weighted sound level at one microphone location prior to 
operation of the test unit and at all microphone locations during test 
unit operations, as defined in paragraph (d) of this section.
    (2) Portable air compressor engine speed.
    (3) Portable air compressor compressed gas pressure.
    (4) Portable air compressor flow rate.
    (5) All other data contained in Appendix I, Table IV.
    (h) Calculation of average sound level. The average A-weighted sound 
level from measurements at the specified microphone locations must be 
calculated by the following method:

L=10 log (1/5[Antilog L<INF>1</INF>/10+Antilog L<INF>2</INF>/10+Antilog 
          L<INF>3</INF>/10+ Antilog L<INF>4</INF>/10+ Antilog 
          L<INF>5</INF>/10])

Where:
L=The average A-weighted sound level (in decibels)
L!<INF>1</INF>=The A-weighted sound level (in decibels) at microphone 
position 1
L!<INF>2</INF>=The A-weighted sound level (in decibels) at microphone 
position 2
L!<INF>3</INF>=The A-weighted sound level (in decibels) at microphone 
position 3
L!<INF>4</INF>=The A-weighted sound level (in decibels) at microphone 
position 4

[[Page 83]]

L!<INF>5</INF>=The A-weighted sound level (in decibels) at microphone 
position 5

    (i) The Administrator may approve applications from manufacturers of 
portable air compressors for the approval of test procedures which 
differ from those contained in this part so long as the alternate 
procedures have been demonstrated to correlate with the prescribed 
procedure. To be acceptable, alternate testing procedures shall be such 
that the test results obtained will identify all those test units which 
would not comply with the noise emission limit prescribed in Sec. 204.52 
when tested in accordance with the procedures contained in Sec. 204.54 
(a) through (h). Tests conducted by manufacturers under approved 
alternate procedures may be accepted by the Administrator for all 
purposes.
    (j) Presentation of information. All information required by this 
section may be recorded using the format recommended on the Noise Data 
Sheet shown in Appendix I, Table IV.
[41 FR 2172, Jan. 14, 1976, as amended at 41 FR 8347, Feb. 26, 1976; 47 
FR 57711, Dec. 28, 1982]



[Code of Federal Regulations]
[Title 40, Volume 16, Parts 190 to 259]
[Revised as of July 1, 1998]
[CITE: 40CFR204.55-1]

[Page 83]
 
                   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. 204.55-1  General standards.

    (a) Every new compressor manufactured for distribution in commerce 
in the United States which is subject to the standards prescribed in 
this subpart and not exempted in accordance with Sec. 204.5:
    (1) Shall be labeled in accordance with the requirements of 
Sec. 204.55-4.
    (2) Shall conform to the applicable noise emission standard 
established in Sec. 204.52
    (b)  [Reserved]
[41 FR 2172, Jan. 14, 1976, as amended at 47 FR 57711, Dec. 28, 1982]



[Code of Federal Regulations]
[Title 40, Volume 16, Parts 190 to 259]
[Revised as of July 1, 1998]
[CITE: 40CFR204.55-2]

[Page 83-84]
 
                   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. 204.55-2  Requirements.

    (a)(1) Prior to distribution in commerce, compressors of a specific 
configuration must verify such configurations in accordance with this 
subpart.
    (2) [Reserved]
    (3) At any time with respect to a configuration under this subpart, 
the Administrator may require that the manufacturer ship test 
compressors to an EPA test facility in order for the Administrator to 
perform the tests required for production verification.
    (b) The requirements for purposes of testing by the Administrator 
and Selective Enforcement Auditing consist of:
    (1) Testing in accordance with Sec. 204.54 of a compressor selected 
in accordance with Sec. 204.57-2; and
    (2) Compliance of the test compressor with the applicable standards 
when tested in accordance with Sec. 204.54.
    (c)(1) In lieu of testing compressors of every configuration, as 
described in paragraph (b) of this section, the manufacturer may elect 
to verify the configuration based on representative testing, the 
requirements of which consist of:
    (i) Grouping configurations into a category where each category will 
be determined by a separate combination of at least the following 
parameters (a manufacturer may use more parameters):
    (A) Engine type.
    (1) Gasoline--two stroke cycle
    (2) Gasoline--four stroke cycle
    (3) Diesel--two stroke cycle
    (4) Diesel--four stroke cycle
    (5) Rotary--Wankel
    (6) Turbine
    (7) Other
    (B) Engine manufacturer
    (C) Compressor delivery rate (at rated pressure)
    (ii) Identifying the configuration within each category which emits 
the highest sound level in dBA based on best technical judgment, 
emission test data, or both.
    (iii) Testing in accordance with Sec. 204.54 selected in accordance 
with Sec. 204.57-2 which must be a compressor of the configuration which 
is identified pursuant to paragraph (c)(1)(iii) of this section as 
having the highest sound level (estimated or actual) within the 
category.
    (iv) Compliance of the test compressor with applicable standards 
when tested in accordance with Sec. 204.54.
    (2) Where the requirements of paragraph (c)(1) of this section are 
complied with, all those configurations contained within a category are 
considered represented by the tested compressor.

[[Page 84]]

    (3) Where the manufacturer tests a compressor configuration which 
has not been determined as having the highest sound level of a category, 
but all other requirements of paragraph (c)(1) of this section are 
complied with, all those configurations contained within that category 
which are determined to have sound levels no greater than the tested 
compressor are considered to be represented by the tested compressor: 
However, a manufacturer must for purposes of Testing by the 
Administrator and Selective Enforcement Auditing verify according to the 
requirements of paragraph (b)(1) and/or (c)(1) of this section any 
configurations in the subject category which have a higher sound level 
than the compressor configuration tested.
    (d) A manufacturer may elect for purposes of Testing by the 
Administrator and Selective Enforcement Auditing to use representative 
testing, pursuant to paragraph (c) of this section, all or part of his 
product line.
    (e) The manufacturer may, at his option, proceed with any of the 
following alternatives with respect to any compressor determined not in 
compliance with applicable standards:
    (1) In the case of representative testing, a new test compressor 
from another configuration must be selected according to the 
requirements of paragraph (c) of this section in order to verify the 
configurations represented by the non-compliant compressor.
    (2) Modify the test compressor and demonstrate by testing that it 
meets applicable standards. The manufacturer must modify all production 
compressors of the same configuration in the same manner as the test 
compressor before distribution into commerce.

(Secs. 6 and 13, Noise Control Act, Pub. L. 92-574, 86 Stat. 1244; (42 
U.S.C. 4912); 42 U.S.C. 4905; 86 Stat. 1237 and secs. 6, 10, 11, 13, 
Pub. L. 92-574, 86 Stat. 1234 (42 U.S.C. 4905, 4909, 4910, 4912))

[41 FR 2172, Jan. 14, 1976, as amended at 42 FR 61455, Dec. 5, 1977; 47 
FR 57711, Dec. 28, 1982; 49 FR 26738, June 29, 1984]



[Code of Federal Regulations]
[Title 40, Volume 16, Parts 190 to 259]
[Revised as of July 1, 1998]
[CITE: 40CFR204.55-3]

[Page 84]
 
                   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. 204.55-3  Configuration identification.

    (a) A separate compressor configuration shall be determined by each 
combination of the following parameters:
    (1) The compressor type (screw, sliding vane, etc.).
    (2) Number of compressor stages.
    (3) Maximum pressure (psi).
    (4) Air intake system of compressor:
    (i) Number of filters;
    (ii) Type of filters.
    (5) The engine system:
    (i) Number of cylinders and configuration (L-6, V-8, V-12);
    (ii) Displacement;
    (iii) Horsepower;
    (iv) Full load rpm.
    (6) Type cooling system, e.g., air cooled, water cooled.
    (7) Fan:
    (i) Diameter;
    (ii) Maximum fan rpm.
    (8) The compressor enclosure:
    (i) Height, length, and width;
    (ii) Acoustic material manufacturer, type, part number.
    (9) The induction system (engine):
    (i) Natural;
    (ii) Turbocharged.
    (10) The muffler:
    (i) Manufacturer;
    (ii) Manufacturer part number;
    (iii) Quantity of mufflers used;
    (11) Category parameters listed at Sec. 204.55-2.



[Code of Federal Regulations]
[Title 40, Volume 16, Parts 190 to 259]
[Revised as of July 1, 1998]
[CITE: 40CFR204.55-4]

[Page 84-85]
 
                   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. 204.55-4  Labeling.

    (a)(1) The manufacturer of any compressor subject to the standards 
prescribed in Sec. 204.52 shall, at the time of manufacture, affix a 
permanent, legible label, of the type and in the manner described below, 
containing the information hereinafter provided, to all such compressors 
to be distributed in commerce.
    (2) The label shall be permanently attached, in a readily visible 
position, on the compressor enclosure.
    (3) The label shall be affixed by the compressor manufacturer, who 
has verified such compressor, in such a manner that it cannot be removed 
without destroying or defacing the label, and shall not be affixed to 
any equipment that is easily detached from such compressor.
    (4) Labels for compressors not manufactured solely for use outside 
the United States shall contain the following information lettered in 
the English

[[Page 85]]

language in block letters and numerals, which shall be of a color that 
contrasts with the background of the label:
    (i) The label heading: Compressor Noise Emission Control 
Information;
    (ii) Full corporate name and trademark of manufacturer;
    (iii) Date of manufacture, which may consist of a serial number or 
code in those instances where records are specified and maintained.
    (iv) The statement:

    This Compressor Conforms to U.S. E.P.A. Regulations for Noise 
Emissions Applicable to Portable Air Compressors. The following acts or 
the causing thereof by any person are prohibited by the Noise Control 
Act of 1972:
    (A) The removal or rendering inoperative, other than for the purpose 
of maintenance, repair, or replacement, of any noise control device or 
element of design (listed in the owner's manual) incorporated into this 
compressor in compliance with the Noise Control Act;
    (B) The use of this compressor after such device or element of 
design has been removed or rendered inoperative.

    (b) Compressors manufactured solely for use outside the United 
States shall be clearly labeled ``For Export Only.''

(Secs. 6, 13, Pub. L. 92-574, (42 U.S.C. 4912); 42 U.S.C. 4905; 86 Stat. 
1237 and secs. 6, 10, 11, 13, Pub. L. 92-574, 86 Stat. 1234 (42 U.S.C. 
4905, 4909, 4910, 4912))

[41 FR 2172, Jan. 14, 1976, as amended at 42 FR 61455, Dec. 5, 1977. 
Redesignated at 47 FR 57712, Dec. 28, 1982, and amended at 49 FR 26738, 
June 29, 1984]



[Code of Federal Regulations]
[Title 40, Volume 16, Parts 190 to 259]
[Revised as of July 1, 1998]
[CITE: 40CFR204.56]

[Page 85]
 
                   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 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]



[Code of Federal Regulations]
[Title 40, Volume 16, Parts 190 to 259]
[Revised as of July 1, 1998]
[CITE: 40CFR204.57-1]

[Page 85-86]
 
                   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.

[[Page 86]]

    (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 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]



[Code of Federal Regulations]
[Title 40, Volume 16, Parts 190 to 259]
[Revised as of July 1, 1998]
[CITE: 40CFR204.57-2]

[Page 86-87]
 
                   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. 204.57-2  Test compressor sample selection.

    (a) Compressors comprising the batch sample which are required to be 
tested pursuant to a test request in accordance with this subpart will 
be randomly selected from a batch of compressors of the category or 
configuration specified in the test request. The random selection will 
be achieved by

[[Page 87]]

sequentially numbering all of the compressors in the batch and then 
using a table of random numbers to select the number of compressors, as 
specified in paragraph (c) of this section, based on the batch size 
designated by the Administrator in the test request. An alternative 
selection plan may be used by a manufacturer: Provided, That such a plan 
is approved by the Administrator.
    (b) The Acceptable Quality Level is 10 percent. The appropriate 
sampling plans associated with the designated AQL are contained in 
Appendix I, Table II.
    (c) The appropriate batch sample size will be determined by 
reference to Appendix I, Tables I and II. A code letter is obtained from 
Table I based on the batch size designated by the Administrator in a 
test request. The batch sample size will be equal to the maximum 
cumulative sample size as listed in Table II for the appropriate code 
letter obtained from Table I plus an additional ten percent rounded off 
to the next highest number.
    (d) Individual compressors comprising the test sample will be 
randomly selected from the batch sample using the same random selection 
plan as in paragraph (a) of this section. Test sample size will be 
determined by entering Table II.
    (e) The test compressor of the category or configuration selected 
for testing shall have been assembled by the manufacturer for 
distribution in commerce using the manufacturers normal production 
process.
    (f) Unless otherwise indicated in the test request, the manufacturer 
will select the batch sample from the production batch next scheduled 
after receipt of the test request of the category or configuration 
specified in the test request.
    (g) Unless otherwise indicated in the test request, the manufacturer 
shall select the compressors designated in the test request for testing.
    (h) At their discretion, EPA Enforcement Officers, rather than the 
manufacturer, may select the compressors designated in the test request.
    (i) The manufacturer will keep on hand all compressors in the batch 
sample until such time as the batch is accepted or rejected in 
accordance with Sec. 204.57-6; Except, that compressors actually tested 
and found to be in conformance with these regulations need not be kept.



[Code of Federal Regulations]
[Title 40, Volume 16, Parts 190 to 259]
[Revised as of July 1, 1998]
[CITE: 40CFR204.57-3]

[Page 87]
 
                   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. 204.57-3  Test compressor preparation.

    (a) Prior to the official test, the test compressor selected in 
accordance with Sec. 204.57-2 shall not be prepared, tested, modified, 
adjusted, or maintained in any manner unless such adjustments, 
preparations, modifications and/or tests are part of the manufacturer's 
prescribed manufacturing and inspection procedures and are documented in 
the manufacturer's internal compressor assembly and inspection 
procedures or unless such adjustments and/or tests are required or 
permitted under this subpart or are approved in advance by the 
Administrator. The manufacturer may perform adjustments, preparations, 
modifications and/or tests normally performed by a dealer to prepare the 
compressor for delivery to a customer or the adjustments, preparations, 
modifications and/or tests normally performed at the port-of-entry by 
the manufacturer to prepare the compressor for delivery to a dealer or 
customer.
    (b) Equipment of fixtures necessary to conduct the test may be 
installed on the compressor: Provided, That such equipment of fixtures 
shall have no effect on the noise emissions of the compressor, as 
determined by the appropriate measurement methodology.
    (c) In the event of compressor manfunction (i.e., failure to start, 
misfiring cylinder, etc.), the manufacturer may perform the maintenance 
necessary to enable the compressor to operate in a normal manner.
    (d) No quality control, testing, assembly, or selection procedures 
shall be used on the completed test compressor or any portion thereof, 
including parts and subassemblies, that will not normally be used during 
the production and assembly of all other compressors of that category 
which will be distributed in commerce, unless such procedures are 
required or permitted under this subpart or are approved in advance by 
the Administrator.
[47 FR 57712, Dec. 28, 1982]

[[Page 88]]



[Code of Federal Regulations]
[Title 40, Volume 16, Parts 190 to 259]
[Revised as of July 1, 1998]
[CITE: 40CFR204.57-4]

[Page 88]
 
                   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. 204.57-4  Testing.

    (a) The manufacturer shall conduct one valid test in accordance with 
the test procedures specified in Sec. 204.54 for each compressor 
selected for testing pursuant to this subpart.
    (b) No maintenance will be performed on test compressors, except as 
provided for by Sec. 204.57-3. In the event a compressor is unable to 
complete the emission test, the manufacturer may replace the compressor. 
Any replacement compressor will be a production compressor of the same 
configuration, and the replacement compressor will be randomly selected 
from the batch sample and will be subject to all the provisions of these 
regulations.



[Code of Federal Regulations]
[Title 40, Volume 16, Parts 190 to 259]
[Revised as of July 1, 1998]
[CITE: 40CFR204.57-5]

[Page 88]
 
                   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. 204.57-5  Reporting of test results.

    (a)(1) The manufacturer shall submit a copy of the test report for 
all testing conducted pursuant to Sec. 204.57 at the conclusion of each 
twenty-four hour period during which testing is done.
    (2) For each test conducted the manufacturer will provide the 
following information:
    (i) Configuration and category identification, where applicable.
    (ii) Year, make, assembly date, and model of compressor.
    (iii) Compressor serial number.
    (iv) Test results by serial numbers
    (3) The first test report for each batch sample will contain a 
listing of all serial numbers in that batch.
    (b) In the case where an EPA Enforcement Officer is present during 
testing required by this subpart, the written reports requested in 
paragraph (a) of this section may be given directly to the Enforcement 
Officer.
    (c) Within five days after completion of testing of all compressors 
in a batch sample, the manufacturer shall submit to the Administrator a 
final report which will include the information required by the test 
request in the format as stipulated, in addition to the following:
    (1) The name, location, and description of the manufacturer's noise 
test facilities which meet the specifications of Sec. 204.54 and were 
utilized to conduct testing reported pursuant to this section; except, 
that a test facility that has been described in a previous submission 
under this subpart need not be described again but must be identified as 
such.
    (2) A description of the random compressor selection method used, 
referencing any tables of random numbers that were used, and the name of 
the person in charge of the random number selection.
    (3) The following information for each test conducted:
    (i) The completed data sheet required by Sec. 204.54 for all noise 
emission tests including, for each invalid test, the reason for 
invalidation.
    (ii) A complete description of any modification, repair, 
preparation, maintenance, and/or testing which was performed on the test 
compressor and will not be performed on all other production 
compressors.
    (iii) The reason for the replacement, where a replacement compressor 
was authorized by the Administrator, and, if any, the test results for 
replaced compressors.
    (4) The following statement and endorsement:

    This report is submitted pursuant to section 6 and section 13 of the 
Noise Control Act of 1972. All testing for which data is reported herein 
was conducted in strict conformance with applicable regulations under 40 
CFR Part 204 et seq. All the data reported herein are a true and 
accurate representation of such testing. All other information reported 
herein is, to the best of (company) knowledge true and accurate. I am 
aware of the penalties associated with violations of the Noise Control 
Act of 1972 and the regulations thereunder. 

                                       (authorized representative)      

    (d) All information required to be forwarded to the Administrator 
pursuant to this section shall be addressed to Director, Noise 
Enforcement Division (EN-387), U.S. Environmental Protection Agency, 
Washington, DC 20460.

(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 42 FR 41635, Aug. 18, 1977; 43 
FR 38705, Aug. 30, 1978]



[Code of Federal Regulations]
[Title 40, Volume 16, Parts 190 to 259]
[Revised as of July 1, 1998]
[CITE: 40CFR204.57-6]

[Page 88-89]
 
                   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. 204.57-6  Acceptance and rejection of batches.

    (a) A failing compressor is one whose measured sound level is in 
excess of the applicable noise emission standard.

[[Page 89]]

    (b) The batch from which a batch sample is selected will be accepted 
or rejected based upon the number of failing compressors in the batch 
sample. A sufficient number of test samples will be drawn from the batch 
sample until the cumulative number of failing compressors is less than 
or equal to the acceptance number or greater than or equal to the 
rejection number appropriate for the cumulative number of compressors 
tested. The acceptance and rejection numbers listed in Appendix I, Table 
II at the appropriate code letter obtained according to Sec. 204.57-2 
will be used in determining whether the acceptance or rejection of a 
batch has occurred.
    (c) Acceptance or rejection of a batch takes place when a decision 
is made on the last compressor required to make a decision under 
paragraph (b) of this section.



[Code of Federal Regulations]
[Title 40, Volume 16, Parts 190 to 259]
[Revised as of July 1, 1998]
[CITE: 40CFR204.57-7]

[Page 89]
 
                   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. 204.57-7  Acceptance and rejection of batch sequence.

    (a) The manufacturer will continue to inspect consecutive batches 
until the batch sequence is accepted or rejected. The batch sequence 
will be accepted or rejected based upon the number of rejected batches. 
A sufficient number of consecutive batches will be inspected until the 
cumulative number of rejected batches is less than or equal to the 
sequence acceptance number or greater than or equal to the sequence 
rejection number appropriate for the cumulative number of batches 
inspected. The acceptance and rejection numbers listed in Appendix I, 
Table III at the appropriate code letter obtained according to 
Sec. 204.57-2 will be used in determining whether the acceptance or 
rejection of a batch sequence has occurred.
    (b) Acceptance or rejection of a batch sequence takes places when 
the decision is made on the last compressor required to make a decision 
under paragraph (a) of this section.
    (c) If the batch sequence is accepted, the manufacturer will not be 
required to perform any additional testing on compressors from 
subsequent batches pursuant to the initiating test request.
    (d) The Administrator may terminate testing earlier than required in 
paragraph (b) of this section based on a request by the manufacturer 
accompanied by voluntary cessation of distribution in commerce, from all 
plants, of compressors from the configuration in question: Provided, 
That once production is reinitiated, the manufacturer must take the 
action described in Sec. 204.57-9 (a)(1) and (a)(2) prior to 
distribution in commerce of any compressors from any plant of the 
compressor category or configuration in question.



[Code of Federal Regulations]
[Title 40, Volume 16, Parts 190 to 259]
[Revised as of July 1, 1998]
[CITE: 40CFR204.57-8]

[Page 89]
 
                   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. 204.57-8  Continued testing.

    (a) If a batch sequence is rejected in accordance with paragraph (b) 
of Sec. 204.57-7, the Administrator may require that any or all 
compressors of that category, configuration or subgroup thereof produced 
at that plant be tested before distribution in commerce.
    (b) The Administrator will notify the manufacturer in writing of his 
intent to require such continued testing of compressors pursuant to 
paragraph (a) of this section.
    (c) The manufacturer may request a hearing on the issues of whether 
the selective enforcement audit was conducted properly; whether the 
criteria for batch sequence rejection in Sec. 204.57-7 have been met; 
and, the appropriateness or scope of a continued testing order. In the 
event that a hearing is requested, the hearing shall begin no later than 
15 days after the date on which the Administrator received the hearing 
request. Neither the request for a hearing nor the fact that a hearing 
is in progress shall affect the responsibility of the manufacturer to 
commence and continue testing required by the Administrator pursuant to 
paragraph (a) of this section.
    (d) Any tested compressor which demonstrates conformance with the 
applicable standards may be distributed into commerce.
    (e) Any knowing distribution into commerce of a compressor which 
does not comply with the applicable standards is a prohibited act.

(Sec. 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; 44 
FR 54295, Sept. 19, 1979]

[[Page 90]]



[Code of Federal Regulations]
[Title 40, Volume 16, Parts 190 to 259]
[Revised as of July 1, 1998]
[CITE: 40CFR204.57-9]

[Page 90]
 
                   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. 204.57-9  Prohibition of distribution in commerce; manufacturer's remedy.

    (a) The Administrator will permit the cessation of continued testing 
under Sec. 204.57-8 once the manufacturer has taken the following 
actions:
    (1) Submit a written report to the Administrator which identifies 
the reason for the noncompliance of the compressors, describes the 
problem, and describes the proposed quality control and/or quality 
assurance remedies to be taken by the manufacturer to correct the 
problem or follows the requirements for an engineering change. Such 
requirements include the following:
    (i) Any change to a configuration with respect to any of the 
parameters stated in Sec. 204.55-3 shall constitute the addition of a 
new and separate configuration or category to the manufacturer's product 
line.
    (ii) When a manufacturer introduces a new category or configuration 
to his product line, he shall proceed in accordance with Sec. 204.55-2.
    (iii) If the configuration to be added can be grouped within a 
verified category and the new configuration is estimated to have a lower 
sound level than a previously verified configuration with the same 
category, the configuration shall be considered verified.
    (2) Demonstrates that the specified compressor category, 
configuration or subgroup thereof has passed a retest conducted in 
accordance with Sec. 204.57 and the conditions specified in the initial 
test request.
    (3) The manufacturer may begin testing under paragraph (a)(2) of 
this section, upon submitting such report, and may cease continued 
testing upon making the demonstration required by paragraph (a)(2) of 
this section: Provided, That the Administrator may require resumption of 
contined testing if he determines that the manufacturer has not 
satisfied the requirements of paragraphs (a) (1) and (2) of this 
section.
    (4) In lieu of paragraphs (a) (1) and (2) of this section, the 
Administrator will permit the cessation of continued testing under 
Sec. 204.57-8 with respect to any subgroup of a nonconforming category 
or configuration if the manufacturer demonstrates to the satisfaction of 
the Administrator that such subgroup does not exhibit the cause of the 
nonconformity of such category or configuration.
    (b) Any compressor failing the prescribed noise emission tests 
conducted pursuant to this Subpart B may not be distributed in commerce 
until necessary adjustments or repairs have been made and the compressor 
passes a retest.
    (c) No compressors of a rejected batch which are still in the hands 
of the manufacturer may be distributed in commerce unless the 
manufacturer has demonstrated to the satisfaction of the Administrator 
that such compressors do, in fact, conform to the regulations; except, 
that any compressor that has been tested and does, in fact, conform with 
these regulations may be distributed in commerce.

(Secs. 6, 10, 13, Pub. L. 92-574 (42 U.S.C. 4909 and 4912))

[41 FR 2172, Jan. 14, 1976, as amended at 42 FR 61455, Dec. 5, 1977; 47 
FR 57712, Dec. 28, 1982]


[Code of Federal Regulations] [Title 40, Volume 16, Parts 190 to 259]
      [Revised as of July 1, 1998] [CITE:
      40CFR204.58-1] [Page
      90] 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. 204.58-1 Warranty.
      (a) The portable air compressor manufacturer shall include in the owner's
      manual or in other information supplied to the ultimate purchaser, the
      following statement: Noise Emissions Warranty The manufacturer warrants to
      the ultimate purchaser and each subsequent purchaser that this air
      compressor was designed, built, and equipped to conform at the time of
      sale to the first retail purchaser, with all applicable U.S. E.P.A. noise
      control regulations. This warranty is not limited to any particular part,
      component, or system of the air compressor. Defects in the design,
      assembly, or in any part, component, or system of the compressor which, at
      the time of sale to the first retail purchaser, caused noise emissions to
      exceed Federal standards are covered by this warranty for the life of the
      air compressor. (b) [Reserved] (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 57712, Dec. 28, 1982] [[Page 91]] 
[Code of Federal Regulations]
[Title 40, Volume 16, Parts 190 to 259]
[Revised as of July 1, 1998]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR204.58-2]

[Page 91]
 
                   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.
    (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]



[Code of Federal Regulations]
[Title 40, Volume 16, Parts 190 to 259]
[Revised as of July 1, 1998]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR204.58-3]

[Page 91]
 
                   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. 204.58-3  Instructions for maintenance, use, and repair.

    (a)(1) The manufacturer shall provide to the ultimate purchaser of 
each portable air compressor covered by this part written instructions 
for the proper maintenance, use, and repair of the compressor in order 
to provide reasonable assurance of the elimination or minimization of 
noise emission degradation throughout the life of the compressor.
    (2) The purpose of the instructions is to inform purchasers and 
mechanics of those acts necessary to reasonably assure that degradation 
of noise emission levels is eliminated or minimized during the life of 
the compressor. Manufacturers should prepare the instructions with this 
purpose in mind. The instructions should be clear and, to the extent 
practicable, written in non-technical language.
    (3) The instructions must not be used to secure an unfair 
competitive advantage. They should not restrict replacement equipment to 
original equipment or service to dealer service. Manufacturers who so 
restrict replacement equipment must make public any performance 
specifications on such equipment.
    (b) For the purpose of encouraging proper maintenance, the 
manufacturer shall provide a record or log book which shall contain a 
performance schedule for all required noise emission control 
maintenance. Space shall be provided in this record book so that the 
purchaser can note what maintenance was done, by whom, where and when.

(Secs. 6, 13, Pub. L. 92-574 (42 U.S.C. 4912))

[41 FR 2172, Jan. 14, 1976, as amended at 47 FR 57713, Dec. 28, 1982]



[Code of Federal Regulations]
[Title 40, Volume 16, Parts 190 to 259]
[Revised as of July 1, 1998]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR204.59]

[Page 91-93]
 
                   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. 204.59  Recall of non-complying compressors.

    (a) Pursuant to section 11(d)(1) of the Act, the Administrator may 
issue an order to the manufacturer to recall and

[[Page 92]]

repair or modify any compressor distributed in commerce not in 
compliance with this subpart.
    (b) A recall order issued pursuant to this section shall be based 
upon a determination by the Administrator that compressors of a 
specified category or configuration have been distributed in commerce 
which do not conform to the regulations. Such determination may be based 
on:
    (1) A technical analysis of the noise emission characteristics of 
the category or configuration in question; or
    (2) Any other relevant information, including test data.
    (c) For the purposes of this section, noise emissions may be 
measured by any test prescribed in Sec. 204.54 for testing prior to sale 
or any other test which has been demonstrated to correlate with the 
prescribed test procedure.
    (d) Any such order shall be issued only after notice and an 
opportunity for a hearing in accordance with section 554 of Title 5 of 
the United States Code.
    (e) All costs, including labor and parts, associated with the recall 
and repair or modification of non-complying compressors under this 
section shall be borne by the manufacturer.
    (f) This section shall not limit the discretion of the Administrator 
to take any other actions which are authorized by the Act.

(Secs. 6, 11, Pub. L. 92-574 (42 U.S.C. 4910))

[41 FR 2172, Jan. 14, 1976, as amended at 42 FR 61456, Dec. 5, 1977]

                         Appendix I to Part 204

                    Table I--Sample Size Code Letters
------------------------------------------------------------------------
                  Batch size                          Code letter
------------------------------------------------------------------------
4 to 8.......................................  A.
9 to 15......................................  B.
16 to 25.....................................  C.
26 and larger................................  D.
------------------------------------------------------------------------


                                 Table II--Sampling Plans for Inspecting Batches
----------------------------------------------------------------------------------------------------------------
                                                                                             Batch inspection
                                                                     Test     Cumulative         criteria
        Sample size code letter                Test sample          sample       test    -----------------------
                                                                     size       sample    Acceptance   Rejection
                                                                                 size       number      number
----------------------------------------------------------------------------------------------------------------
A.....................................  1st.....................           4           4           0           1
B.....................................  1st.....................           3           3           0           1
C.....................................  1st.....................           3           3           0           2
                                        2d......................           3           6           1           2
D.....................................  1st.....................           2           2       (\1\)           2
                                        2d......................           2           4       (\1\)           2
                                        3d......................           2           6           0           2
                                        4th.....................           2           8           0           3
                                        5th.....................           2          10           1           3
                                        6th.....................           2          12           1           3
                                        7th.....................           2          14           2           3
----------------------------------------------------------------------------------------------------------------
\1\ Batch acceptance not permitted at this sample size.


                                         Table III--Batch Sequence Plans
----------------------------------------------------------------------------------------------------------------
                                                                                            Sequence inspection
                                                                              Cumulative         criteria
                     Sample size code letter                        Number      number   -----------------------
                                                                    batches     batches   Acceptance   Rejection
                                                                                            number      number
----------------------------------------------------------------------------------------------------------------
A...............................................................           2           2           1       (\1\)
                                                                           2           4           2           4
                                                                           2           6           3           5
                                                                           2           8           4           5
B...............................................................           2           2           0       (\1\)
                                                                           2           4           1           4
                                                                           2           6           2           5
                                                                           2           8           3           5
                                                                           2          10           4           6
                                                                           2          12           5           6
C...............................................................           2           2       (\2\)           2
                                                                           2           4           0           2

[[Page 93]]

                                                                           2           6           0           3
                                                                           2           8           1           3
                                                                           2          10           2           4
                                                                           2          12           3           4
D...............................................................           2           2           0           2
                                                                           2           4           1           3
                                                                           2           6           2           4
                                                                           2           8           3           4
----------------------------------------------------------------------------------------------------------------
\1\ Batch sequence rejection not permitted for this number of batches.
\2\ Batch sequence acceptance not permitted for this number of batches.


                    Table IV--Recommended Format for Portable Air Compressor Noise Data Sheet
Test report number:............  ..................
Subject:
  Manufacturer:....................................  Model:.............  Serial No.:.......  ..................
  Rated speed:.................  Rpm:..............  Rated capacity:....  ..................  cfm (m <SUP>3/in).
  Configuration identification:....................  Category             ..................  ..................
                                                      identification:.
  Portable air compressor        Build date:.......  ...................  ..................
   identification No.:.
Test conditions:
  Manufacturer's test site identification and location:.....................................  ..................
  Reflecting plane composition:  ..................
Operating speed as tested:
    Beginning of test..........  rpm
    End of test................  rpm
  Air pressure supplied:.......  psi (kg/cm <SUP>2)       Ambient wind speed--
                                                      ----mph (km/hr).
  Actual flow rate:............  cfm (m<SUP>3/min.)       Atmospheric
                                                      pressure------psi
                                                      (kg/cm <SUP>2).
  Temperature:.................  F (C)
Instrumentation:
  Microphone Manufacturer:.........................  Model No.:.........  Serial No.:.......  ..................
  Sound Level Meter              Model No.:........  Serial No.:........  ..................
   Manufacturer:.
  Calibrator Manufacturer:.....  Model No.:........  Serial No.:........  ..................
  Other and Manufacturer:......  Model No.:........  Serial No.:........  ..................
Data:


--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                         Location
                                                                ----------------------------------------------------------------------------------------
                                        Background sound level                                                                                  Average
       Sound levels (decibels)         at location 1 (decibels)                                                                                  sound
                                                                    1        2        3                4                        5                level
                                                                                                                                              (decibels)
--------------------------------------------------------------------------------------------------------------------------------------------------------
A-Weighted
--------------------------------------------------------------------------------------------------------------------------------------------------------
Tested by:.........................................................................................................  Date:..................  ..........
Reported by:.........................  Date:...................  .......
Supervisory personnel:....................................................................  Title:.................  .......................  ..........
                                                                                            Title:.................  .......................  ..........
--------------------------------------------------------------------------------------------------------------------------------------------------------



NPC Menu Bar NPC Home Page Support NPC Ask NPC Search the NPC Home Page NPC QuietNet NPC Resources NPC Hearing Loss and Occupational Noise Library NPC Noise News NPC Law Library NPC Library