[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: 40CFR211.109]



[Page 174-175]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 211_PRODUCT NOISE LABELING--Table of Contents

 

                      Subpart A_General Provisions

 

Sec.  211.109  Inspection and monitoring.



    (a) Any inspecting or monitoring activities that EPA conducts under 

this part with respect to the requirements set out in regulations 

published under this part, will be for the purpose of determining:

    (1) Whether test products are being selected and prepared for 

testing in accordance with the provisions of the regulations;

    (2) Whether test product testing is being conducted according to the 

provisions of those regulations; and

    (3) Whether products that are being produced and distributed into 

commerce comply with the provisions of those regulations.

    (b) The Director of the Noise Enforcement Division may request that 

a manufacturer who is 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 the manufacturer performed or 

performs any tests conducted under this part or any procedures or 

activities connected with those tests;

    (3) Any facility or site where any test product is located.

    (c)(1) Once an EPA Enforcement Officer has been admitted to a 

facility or site, that officer will not be authorized to do more than 

the following:

    (i) Inspect and monitor the manufacture and assembly, selection, 

storage, preconditioning, noise testing, and maintenance of test 

products, and to verify the correlation or calibration of test 

equipment;

    (ii) Inspect products before they are distributed in commerce;

    (iii) Inspect and make copies of any records, reports, documents, or 

information that the manufacturer must maintain or provide to the 

Administrator under the Act or under any provision of this part;

    (iv) Inspect and photograph any part or aspect of any product and 

any components used in manufacturing the product that is reasonably 

related to the purpose of this entry; and

    (v) Obtain from those in charge of the facility or site any 

reasonable assistance that he may request to enable him to carry out any 

function listed in this section.

    (2) The provisions of this section apply whether the facility or 

site is owned or controlled by the manufacturer, or by someone who acts 

for the manufacturer.

    (d) For the purposes of this section:

    (1) An ``EPA Enforcement Officer'' is an employee of the EPA Office 

of Enforcement. When he arrives at a facility or site, he must display 

the credentials that identify him as an employee of the EPA and a letter 

signed by the Director of the Noise Enforcement Division designating him 

to make the inspection.



[[Page 175]]



    (2) Where test product storage areas or facilities are concerned, 

``operating hours'' means 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 other facilities or areas are concerned, ``operating 

hours'' means all times during which products are being manufactured or 

assembled; or all times during which products are being tested or 

maintained; or records are being compiled; or when any other procedure 

or activity related to labeling, selective enforcement auditing, or 

product manufacture or assembly being carried out.

    (4) ``Reasonable assistance'' means providing timely and 

unobstructed access to test products or to products and records that are 

required by this part, and the means for copying those records or the 

opportunity to test the test products.

    (e) The manufacturer must admit an EPA Enforcement Officer who 

presents a warrant authorizing entry to a facility or site. If the EPA 

officer does not have the warrant, he may enter a facility or site only 

if the manufacturer consents.

    (1) It is not a violation of this regulation or the Act if anyone 

refuses to allow an officer without a warrant to enter the site.

    (2) The Administrator or his designee may proceed ex parte (without 

the other party's knowledge) to obtain a warrant whether or not the 

manufacturer has refused entry to an EPA Enforcement Officer.



(Secs. 11 and 13, Pub. L. 92-574, 86 Stat. 1242, 1244 (42 U.S.C. 4910, 

4912))



[44 FR 56127, Sept. 28, 1979, as amended at 47 FR 57716, Dec. 28, 1982]