[Code of Federal Regulations]

[Title 40, Volume 31]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 40CFR1068.20]



[Page 818]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 1068_GENERAL COMPLIANCE PROVISIONS FOR NONROAD PROGRAMS--Table of 

Contents

 

          Subpart A_Applicability and Miscellaneous Provisions

 

Sec.  1068.20  May EPA enter my facilities for inspections?



    (a) We may inspect your engines, testing, manufacturing processes, 

engine storage facilities (including port facilities for imported 

engines or other relevant facilities), or records, as authorized by the 

Act, to enforce the provisions of this chapter. Inspectors will have 

authorizing credentials and will limit inspections to reasonable times--

usually, normal operating hours.

    (b) If we come to inspect, we may or may not have a warrant or court 

order.

    (1) If we do not have a warrant or court order, you may deny us 

entry.

    (2) If we have a warrant or court order, you must allow us to enter 

the facility and carry out the activities it describes.

    (c) We may seek a warrant or court order authorizing an inspection 

described in this section, whether or not we first tried to get your 

permission to inspect.

    (d) We may select any facility to do any of the following:

    (1) Inspect and monitor any aspect of engine manufacturing, 

assembly, storage, or other procedures, and any facilities where you do 

them.

    (2) Inspect and monitor any aspect of engine test procedures or 

test-related activities, including test engine selection, preparation, 

service accumulation, emission duty cycles, and maintenance and 

verification of your test equipment's calibration.

    (3) Inspect and copy records or documents related to assembling, 

storing, selecting, and testing an engine.

    (4) Inspect and photograph any part or aspect of engines and 

components you use for assembly.

    (e) You must give us reasonable help without charge during an 

inspection authorized by the Act. For example, you may need to help us 

arrange an inspection with the facility's managers, including clerical 

support, copying, and translation. You may also need to show us how the 

facility operates and answer other questions. If we ask in writing to 

see a particular employee at the inspection, you must ensure that he or 

she is present (legal counsel may accompany the employee).

    (f) If you have facilities in other countries, we expect you to 

locate them in places where local law does not keep us from inspecting 

as described in this section. We will not try to inspect if we learn 

that local law prohibits it, but we may suspend your certificate if we 

are not allowed to inspect.