[Code of Federal Regulations] [Title 40, Volume 17] [Revised as of July 1, 2004] From the U.S. Government Printing Office via GPO Access [CITE: 40CFR86.094-7] [Page 225-226] 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--Table of Contents Subpart A_General Provisions for Emission Regulations for 1977 and Later Sec. 86.094-7 Maintenance of records; submittal of information; right of entry. Section 86.094-7 includes text that specifies requirements that differ from Sec. 86.091-7. Where a paragraph in Sec. 86.091-7 is identical and applicable to Sec. 86.094-7, this may be indicated by specifying the corresponding paragraph and the statement ``[Reserved]. For guidance see Sec. 86.091-7.'' Where a corresponding paragraph of Sec. 86.091-7 is not applicable, this is indicated by the statement ``[Reserved].'' (a) Introductory text through (a)(2) [Reserved]. For guidance see Sec. 86.091-7. (a)(3) All records, other than routine emission test records, required to be maintained under this subpart shall be retained by the manufacturer for a period of eight (8) years after issuance of all certificates of conformity to which they relate. Routine emission test records shall be retained by the manufacturer for a period of one (1) year after issuance of all certificates of conformity to which they relate. Records may be retained as hard copy or reduced to microfilm, punch cards, etc., depending on the record retention procedures of the manufacturer, provided, that in every case all the information contained in the hard copy shall be retained. (b)-(c)(2) [Reserved]. For guidance see Sec. 86.091-7. (c)(3) The manufacturer (or contractor for the manufacturer, if applicable) shall retain all records required to be maintained under this section for a period of eight (8) years from the due date for the end-of-model year averaging, trading, and banking reports. Records may be retained as hard copy or reduced to microfilm, ADP files, etc., depending on the manufacturer's record retention procedure, provided that in every case all the information contained in the hard copy is retained. (c)(4)-(d)(1)(v) [Reserved]. For guidance see Sec. 86.091-7. (d)(1)(vi) Any facility where any record or other document relating to the information specified in paragraph (h) of this section is located. (2) Upon admission to any facility referred to in paragraph (d)(1) of this section, any EPA Enforcement Officer or any EPA authorized representative shall be allowed: (i) To inspect and monitor any part or aspect of such procedures, activities, and testing facilities, including, but not limited to, monitoring vehicle (or engine) preconditioning, emissions tests and mileage (or service) accumulation, maintenance, and vehicle soak and storage procedures (or engine storage procedures), and to verify correlation or calibration of test equipment; (ii) To inspect and make copies of any such records, designs, or other documents, including those records specified in Sec. 86.091-7(c); and (iii) To inspect and make copies of any such records, designs or other documents including those records specified in paragraph (h) of this section; and (iv) To inspect and/or photograph any part or aspect of any such certification vehicle (or certification engine) and any components to be used in the construction thereof. (d)(3)-(g) [Reserved]. For guidance see Sec. 86.091-7. (h)(1) The manufacturer (or contractor for the manufacturer, if applicable) of any model year 1994 through 1997 light-duty vehicle or light light-duty truck or model year 1994 through 1998 heavy light-duty truck that is certified shall establish, maintain, and retain the following adequately organized and indexed records for each such vehicle: (i) EPA engine family; (ii) Vehicle identification number; (iii) Model year and production date; (iv) Shipment date; (v) Purchaser; and (vi) Purchase contract. [[Page 226]] (2) In addition, the manufacturer (or contractor for the manufacturer, if applicable) of each certified engine family shall establish, maintain, and retain adequately organized records of the actual U.S. sales volume for the model year for each engine family. The manufacturer may petition the Administrator to allow actual volume produced for U.S. sale to be used in lieu of actual U.S. sales. Such petition shall be submitted within 30 days of the end of the model year to the Manufacturer Operations Division. For the petition to be granted, the manufacturer must establish to the satisfaction of the Administrator that actual production volume is functionally equivalent to actual sales volume. (3) The manufacturer (or contractor for the manufacturer, if applicable) shall retain all records required to be maintained under this section for a period of eight (8) years from the due date for the applicable end-of-model year report. Records may be retained as hard copy or reduced to microfilm, ADP film, etc., depending on the manufacturer's record retention procedure, provided that in every case all the information contained in the hard copy is retained. (4) Nothing in this section limits the Administrator's discretion in requiring the manufacturer to retain additional records or submit information not specifically required by this section. (5) Pursuant to a request made by the Administrator, the manufacturer shall submit to him the information that is required to be retained. (6) Voiding a certificate. (i) EPA may void ab initio a certificate for a vehicle certified to Tier 0 certification standards for which the manufacturer fails to retain the records required in this section or to provide such information to the Administrator upon request. (ii) EPA may void ab initio a certificate for a 1994 or 1995 model year light-duty vehicle or light-duty truck that is not certified in compliance with the cold temperature CO standard for which the manufacturer fails to retain the records required in this section or to provide such information to the Administrator upon request. (iii) Any voiding ab initio of a certificate under Sec. 86.094-7(c) and paragraph (h) of this section will be made only after the manufacturer concerned has been offered an opportunity for a hearing conducted in accordance with Sec. 86.614 for light-duty vehicles or under Sec. 86.1014 for light-duty trucks and heavy-duty engines. (i) Any voiding ab initio of a certificate under Sec. 86.091-7 (c) and paragraph (h) of this section will be made only after the manufacturer concerned has been offered an opportunity for a hearing conducted in accordance with Sec. 86.614 for light-duty vehicles or under Sec. 86.1014 for light-duty trucks and heavy-duty engines. [56 FR 25740, June 5, 1991, as amended at 57 FR 31897, July 17, 1992]