Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-80 - Statewide Motor Vehicle Anti-Tampering Program › Section 3745-80-03 - Anti-tampering inspection procedures and requirements

Current through all regulations passed and filed through July 1, 2024
[Comment: For dates of non-regulatory government publications,
				publications of recognized organizations and associations, federal rules, and
				federal statutory provisions referenced in this rule, see paragraph (M) of rule
				3745-80-01 of the
				Administrative Code titled "referenced materials."]
(A) For the purposes of investigating
			 reported tampering violations and conducting routine audits to determine
			 compliance with sections
			 3704.16
			 to
			 3704.162
			 of the Revised Code, the director may inspect, during normal business hours,
			 any motor vehicle or documents located at a motor vehicle facility.
(B) All anti-tampering inspectors shall
			 satisfactorily complete the training required to receive a designation of
			 authorized representative of the United States environmental protection agency
			 for the purpose of conducting anti-tampering investigations or other motor
			 vehicle anti-tampering training approved by the director. Each anti-tampering
			 inspector who satisfactorily completes the training shall be issued a
			 certificate by the Ohio environmental protection agency. The certificate shall
			 be valid for three years from the date of issuance. Renewal anti-tampering
			 training may be required in order to renew the certificate. If an inspector
			 fails to satisfactorily complete any required renewal training prior to the
			 certificate expiration date, the inspector shall surrender the
			 certificate.
(C) Upon receipt of a
			 reported anti-tampering violation regarding a motor vehicle facility, or for
			 the purpose of inspecting a motor vehicle facility to determine compliance with
			 sections
			 3704.16
			 to
			 3704.162
			 of the Revised Code, anti-tampering inspectors shall inspect a variety of motor
			 vehicle makes, model years and types so as to provide an adequate cross section
			 of the motor vehicles offered for sale at the motor vehicle facility.
(D) During motor vehicle facility
			 investigations, or investigations of reported violations, pursuant to paragraph
			 (G) of rule
			 3745-80-02
			 of the Administrative Code, antitampering inspectors shall inspect the motor
			 vehicle emission systems in accordance with the procedures listed in the
			 statewide anti-tampering procedures manual. Motor vehicles shall be inspected
			 for compliance with the original manufacturer's United States environmental
			 protection agency design specifications. After-market replacement parts and
			 add-on and modified parts meeting the performance criteria specified in volume
			 40 of the Code of Federal Regulations, Part 85, Subpart V; the requirements of
			 the United States environmental protection agency policy document, memorandum
			 1A or have not otherwise been found in violation of the anti-tampering
			 provisions of the Clean Air Act, are considered to be in compliance with this
			 chapter.
(E) The emission system
			 reference manual or the motor vehicle emission control information (VECI) label
			 located on each motor vehicle shall be used to determine the motor vehicle
			 emissions systems requiring inspection. If a conflict exists, the VECI label
			 shall take precedence. The emission systems subject to inspection may include,
			 but not be limited to the following:
(1)
			 Catalytic converter system.
(2)
			 Evaporative emission system.
(3)
			 Fuel inlet restrictor.
(4) Positive
			 crankcase ventilation system.
(5)
			 Thermostatic air intake system.
(6)
			 Air injection reaction system.
(7)
			 Exhaust gas recirculation system.
(8) Oxygen sensor.
(9) Computer control system.
(10)
									Diesel
			 particulate filter.
(11)
									Selective catalytic reduction (for
			 diesels).