[Code of Federal Regulations]
[Title 40, Volume 15]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR85.1506]

[Page 548-549]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 85--CONTROL OF AIR POLLUTION FROM MOBILE SOURCES--Table of Contents
 
   Subpart P--Importation of Motor Vehicles and Motor Vehicle Engines
 
Sec. 85.1506  Inspection and testing of imported motor vehicles and engines.

    (a) In order to allow the Administrator to determine whether a 
certificate holder's production vehicles or engines comply with 
applicable emission requirements or requirements of this subpart, EPA 
Enforcement Officers are authorized to conduct inspections and/or tests 
of vehicles or engines imported by the certificate holder. EPA 
Enforcement Officers shall be admitted during operating hours upon 
demand and upon presentation of credentials to any of the following:
    (1) Any facility where any vehicle or engine imported by the 
certificate holder under this subpart was or is being modified, tested 
or stored; and
    (2) Any facility where any record or other document relating to 
modification, testing or storage of the vehicles or engines, or required 
to be kept by Sec. 85.1507, is located.


EPA may require inspection or retesting of vehicles or engines at the 
test facility used by the certificate holder or at an EPA-designated 
testing facility, with transportation and/or testing costs to be borne 
by the certificate holder.
    (b) Upon admission to any facility referred to in paragraph (a) of 
this section, any EPA Enforcement Officer shall be allowed during 
operating hours:
    (1) To inspect and monitor any part or aspect of activities relating 
to the

[[Page 549]]

certificate holder's modification, testing and/or storage of vehicles or 
engines imported under this subpart;
    (2) To inspect and make copies of any records or documents related 
to modification, testing and storage of a vehicle or engine, or required 
by Sec. 85.1507; and
    (3) To inspect and photograph any part or aspect of any such vehicle 
or engine and any component used in the assembly thereof.
    (c) Any EPA Enforcement Officer shall be furnished, by those in 
charge of a facility being inspected, with such reasonable assistance as 
he/she may request to help him/her discharge any function listed in this 
subpart. A certificate holder shall cause those in charge of a facility 
operated for its benefit to furnish such reasonable assistance without 
charge to EPA (whether or not the certificate holder controls the 
facility).
    (d) The requirements of paragraphs (a), (b) and (c) of this section 
apply whether or not the certificate holder owns or controls the 
facility in question. Noncompliance with the requirements of paragraphs 
(a), (b) and (c) may preclude an informed judgment that vehicles or 
engines which have been or are being imported under this subpart by the 
certificate holder comply with applicable emission requirements or 
requirements of this subpart. It is the certificate holder's 
responsibility to make such arrangements as may be necessary to assure 
compliance with paragraphs (a), (b) and (c) of this section. Failure to 
do so, or other failure to comply with paragraphs (a), (b) and (c), may 
result in sanctions as provided for in the Act or Sec. 85.1513(e).
    (e) Duly designated Enforcement Officers are authorized to proceed 
ex parte to seek warrants authorizing the inspection or testing of the 
motor vehicles or motor vehicle engines described in paragraph (a) of 
this section whether or not the Enforcement Officer first attempted to 
seek permission from the certificate holder or facility owner to inspect 
such motor vehicles or motor vehicle engines.
    (f) The results of the Administrator's test under this section shall 
comprise the official test data for the vehicle or engine for purposes 
of determining whether the vehicle or engine should be permitted final 
entry under Sec. 85.1505 or Sec. 85.1509.
    (g) For purposes of this section:
    (1) ``Presentation of Credentials'' shall mean display of the 
document designating a person as an EPA Enforcement Officer.
    (2) Where vehicle storage areas or facilities are concerned, 
``operating hours'' shall 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 facilities or areas other than those specified in 
paragraph (g)(2) of this section are concerned, ``operating hours'' 
shall mean all times during which the facility is in operation.
    (4) ``Reasonable assistance'' includes, but is not limited to, 
clerical, copying, interpreting and translating services, and the making 
available on request of personnel of the facility being inspected during 
their working hours to inform the EPA Enforcement Officer of how the 
facility operates and to answer his/her questions.