EPA Part 2 Section 401
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
(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
(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.