[Code of Federal Regulations]
[Title 40, Volume 17]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR86.606-84]

[Page 16-17]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 86--CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND 
ENGINES (CONTINUED)--Table of Contents
 
  Subpart G--Selective Enforcement Auditing of New Light-Duty Vehicles
 
Sec. 86.606-84  Entry and access.

    (a) In order to allow the Administrator to determine whether a 
manufacturer is complying with the provisions of this subpart and a test 
order issued thereunder, EPA Enforcement Officers may enter during 
normal operating hours upon presentation of credentials any of the 
following:
    (1) Any facility where any vehicle to be introduced into commerce or 
any emission-related component is or has been manufactured, assembled, 
or stored;
    (2) Any facility where any tests conducted pursuant to a test order 
or any procedures or activities connected with such tests are or were 
performed;
    (3) Any facility where any vehicle which is being, was, or is to be 
tested is present; and
    (4) Any facility where any record or other document relating to any 
of the above is located.
    (b) Upon admission to any facility referred to in paragraph (a) of 
this section, EPA Enforcement Officers may:
    (1) Inspect and monitor any part or aspect of vehicle manufacturer, 
assembly, storage, testing and other procedures, and the facilities in 
which these procedures are conducted;
    (2) Inspect and monitor any part or aspect of vehicle test 
procedures or activities, including, but not limited to, vehicle 
selection, preparation, mileage accumulation, preconditioning, emission 
tests, and maintenance; and verify calibration of test equipment;
    (3) Inspect and make copies of any records or documents related to 
the assembly, storage, selection and testing of a vehicle in compliance 
with a test order; and
    (4) Inspect and photograph any part or aspect of any vehicle and any 
component used in its assembly that is reasonably related to the purpose 
of the entry.
    (c) EPA Enforcement Officers may obtain reasonable assistance 
without cost from those in charge of a facility to help them perform any 
function listed in this subpart and may request the recipient of a test 
order to arrange with those in charge of a facility operated for its 
benefit to furnish reasonable assistance without cost to EPA whether or 
not the recipient controls the facility.
    (d) EPA Enforcement Officers may seek a warrant or court order 
authorizing the EPA Enforcement Officers to

[[Page 17]]

conduct activities related to entry and access as authorized in this 
section. EPA Enforcement Officers may proceed ex parte to obtain a 
warrant whether or not the Enforcement Officers first sought permission 
from the recipient of the test order or the party in charge of the 
facilities in question to conduct those activities related to entry and 
access.
    (e) A recipient of a test order shall permit EPA Enforcement 
Officers who present a warrant or court order as described in paragraph 
(d) of this section to conduct activities related to entry and access as 
authorized in this section and as described in the warrant or court 
order. A recipient of a test order shall cause those in charge of its 
facility or a facility operated for its benefit to permit EPA 
Enforcement Officers to conduct these activities related to entry and 
access pursuant to a warrant or court order whether or not the recipient 
controls the facility. In the absence of such a warrant or court order, 
EPA Enforcement Officers may conduct those activities related to entry 
and access only upon the consent of either the recipient of the test 
order or the party in charge of the facilities in question.
    (f) It is not a violation of this part or the Clean Air Act for any 
person to refuse to permit EPA Enforcement Officers to conduct 
activities related to entry and access as authorized in this section 
without a warrant or court order.
    (g) A manufacturer is responsible for locating its foreign testing 
and manufacturing facilities in jurisdictions in which local foreign law 
does not prohibit EPA Enforcement Officers from conducting the entry and 
access activities specified in this section. EPA will not attempt to 
make any inspections which it has been informed that local foreign law 
prohibits.
    (h) For purposes of this section:
    (1) Presentation of Credentials means display of the document 
designating a person as an EPA Enforcement Officer.
    (2) Where vehicle 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 facilities or areas other than those covered by paragraph 
(h)(2) of this section are concerned, operating hours means all times 
during which an assembly line is in operation, vehicle assembly is 
occurring, or testing, repair, mileage accumulation, production or 
compilation of records, or any other procedure or activity related to 
testing, or to vehicle manufacture or assembly, is being conducted in a 
facility.
    (4) Reasonable assistance includes, but is not limited to, providing 
clerical, copying, interpreting and translating services and, at the 
request of an EPA Enforcement Officer, making available personnel of the 
facility being inspected during their working hours to provide 
information relevant to the Enforcement Officer's activities authorized 
in this section. Any employee whom a manufacturer has instructed to 
appear at the request of an Enforcement Officer may be accompanied, 
represented, and advised by counsel.

[41 FR 31483, July 28, 1976, as amended at 49 FR 48481, Dec. 12, 1984. 
Redesignated at 54 FR 2123, Jan. 19, 1989]