[Code of Federal Regulations]
[Title 40, Volume 1]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR2.402]

[Page 68-69]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
               CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY
 
PART 2_PUBLIC INFORMATION--Table of Contents
 
 Subpart C_Testimony by Employees and Production of Documents in Civil 
        Legal Proceedings Where the United States Is Not a Party
 
Sec. 2.402  Policy on presentation of testimony and production of 
documents.

    (a) With the approval of the cognizant Assistant Administrator, 
Office Director, Staff Office Director or Regional Administrator or his 
designee, EPA employees (as defined in 40 CFR 3.102 (a) and (b)) may 
testify at the request of another Federal agency, or, where it is in the 
interests of EPA, at the request of a State or local government or State 
legislative committee.

[[Page 69]]

    (b) Except as permitted by paragraph (a) of this section, no EPA 
employee may provide testimony or produce documents in any proceeding to 
which this subpart applies concerning information acquired in the course 
of performing official duties or because of the employee's official 
relationship with EPA, unless authorized by the General Counsel or his 
designee under Sec. Sec. 2.403 through 2.406.