[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:................. ....................... ..........
--------------------------------------------------------------------------------------------------------------------------------------------------------