[Code of Federal Regulations]
[Title 40, Volume 22]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR204.4]

[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 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;

[[Page 87]]

    (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.
    (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]