[Code of Federal Regulations]

[Title 40, Volume 24]

[Revised as of July 1, 2006]

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

[CITE: 40CFR205.4]



[Page 106-107]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 205_TRANSPORTATION EQUIP MENT NOISE EMISSION CONTROLS--Table of 

Contents

 

                      Subpart A_General Provisions

 

Sec.  205.4  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;



[[Page 107]]



    (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) 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.

    (iv) [Reserved]

    (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 and maintenance is taking place 

and/or production or compilation of records is taking place, or any 

other procedure or activity related to selective enforcement audit 

testing or product manufacture or assembly being carried out in a 

facility.

    (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.



[41 FR 15544, Apr. 13, 1976, as amended at 43 FR 27990, June 28, 1978; 

47 FR 57713, Dec. 28, 1982]