(q) Rejection of a batch means that the number of non-complying compressors S, models in the batch sample is greater than or in all equal to the rejection number as deter- up of pect to batches in the sequence is less than or (x) Tampering means those acts prohibited by section 10(a)(2) of the Act. (Secs. 6 and 13, Noise Control Act, Pub. L. 92574, 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] § 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] § 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 ±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 ±0.5 dB shall be used. A calibration of the instrumentation shall be performed at least annually 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 ±10 percent shall be used to measure wind velocity. (5) An indicator accurate to within +2 percent shall be used to measure portable air compressor engine speed. (6) A gauge accurate to within ±5 percent shall be used to measure portable compressor air pressure. (7) A metering device accurate to within ±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 ±5 percent. (9) A thermometer for measuring temperature accurate to within ±1 de no significant pressure drop or throt tling 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, (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 bee warmed up and shall be operating in & 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 b 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 71.1 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±.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 sec tion. (2) Portable air compressor engine speed. (3) Portable air compressor com pressed gas pressure. ve op or tr mpressi Large sh Sound Scharge sound portab se star carrie ons: Ditation with адус en the ssor locati backg have i rating d cap ngine oper oper Surem be d any shal mes and e loc ft,t the mis (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 L1/10+Antilog La 10+ Antilog L3/10+ Antilog L4/10+ Antilog Ls/10]) Where: L-The average A-weighted sound level (in decibels) L1-The A-weighted sound level (in deci- L2-The A-weighted sound level (in deci- (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 §204.52 when tested in accordance with the procedures contained in §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 § 204.55 Requirements. (a) Every new compressor manufactured for distribution in commerce in the United States which is subject to the standards prescribed in this sub part and not exempted in accordance with § 204.5: (1) Shall be labeled in accordance with the requirements of § 204.55-4. (2) Shall conform to the applicable noise emission standard established in § 204.52 [41 FR 2172, Jan. 14, 1976, as amended at 47 FR 57711, Dec. 28, 1982] § 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 $204.54 of a compressor selected in accordance with §204.57-2; and (2) Compliance of the test compressor with the applicable standards when tested in accordance with § 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): highest sound level in dBA based on best technical judgment, emission test data, or both. (iii) Testing in accordance with $204.54 selected in accordance with $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 §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. (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 manufac turer must modify all production compressors of the same configuration in the same manner as the test compres sor before distribution into commerce. (Secs. 6 and 13, Noise Control Act, Pub. L. 92574, 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] $204.55-3 Configuration identification (a) A separate compressor configuration shall be determined by each com bination 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 configu ration (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): (ii) Turbocharged. (i) Manufacturer; (ii) Manufacturer part number; $204.55-2. § 204.55-4 Labeling. (a)(1) The manufacturer of any compressor subject to the standards prescribed in §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 m, ure: ath; 5. The such compressors to be distributed in 1 product commerce. configunt (2) The label shall be permanently atthe test tached, in a readily visible position, on the compressor enclosure. n into com 2 U.S.C. (3) The label shall be affixed by the trol Act, compressor manufacturer, who has S.C. 4912 verified such compressor, in such a s. 6, 10, 11 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. as amende FR STIL 984] (4) Labels for compressors not manu identi factured solely for use outside the United States shall contain the followessor coming information lettered in the English d by eat language in block letters and numerparan als, which shall be of a color that conpe (sore trasts with the background of the label: Sor stage (i) The label heading: Compressor (psi). Noise Emission Control Information; of comp nufa engi ber and ef (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." ed (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] $204.56 Testing by the Administrator. (a)(1) The Administrator may require that any compressor tested or sched uled 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 §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 §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 |