[Code of Federal Regulations]
[Title 40, Volume 1]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR2.401]

[Page 68]
 
                   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. 2.401  Scope and purpose.

    Authority: 5 U.S.C. 301; Reorganization Plan No. 3 of 1970, 5 U.S.C. 
App.; 33 U.S.C. 361(a); 42 U.S.C. 300j-9; 42 U.S.C. 6911a, 42 U.S.C. 
7601(a).

    Source: 50 FR 32387, Aug. 9, 1985, unless otherwise noted.


    This subpart sets forth procedures to be followed when an EPA 
employee is requested or subpoenaed to provide testimony concerning 
information acquired in the course of performing official duties or 
because of the employee's official status. (In such cases, employees 
must state for the record that their testimony does not necessarily 
represent the official position of EPA. If they are called to state the 
official position of EPA, they should ascertain that position before 
appearing.) These procedures also apply to subpoenas duces tecum for any 
document in the possession of EPA and to requests for certification of 
copies of documents.
    (a) These procedures apply to:
    (1) State court proceedings (including grand jury proceedings);
    (2) Federal civil proceedings, except where the United States, EPA 
or another Federal agency is a party; and
    (3) State and local legislative and administrative proceedings.
    (b) These procedures do not apply:
    (1) To matters which are not related to EPA;
    (2) To Congressional requests or subpoenas for testimony or 
documents;
    (3) Where employees provide expert witness services as approved 
outside activities in accordance with 40 CFR part 3, subpart E (in such 
cases, employees must state for the record that the testimony represents 
their own views and does not necessarily represent the official position 
of EPA);
    (4) Where employees voluntarily testify as private citizens with 
respect to environmental matters (in such cases, employees must state 
for the record that the testimony represents their own views and does 
not necessarily represent the official position of EPA).
    (c) The purpose of this subpart is to ensure that employees' 
official time is used only for official purposes, to maintain the 
impartiality of EPA among private litigants, to ensure that public funds 
are not used for private purposes and to establish procedures for 
approving testimony or production of documents when clearly in the 
interests of EPA.

[[Page 69]]