Page:United States Statutes at Large Volume 89.djvu/969

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PUBLIC LAW 94-000—MMMM. DD, 1975

PUBLIC LAW 94-163—DEC. 22, 1975 with such standards, and a statement as to whether such revised plan is sufficient to insure such compliance. "(3) The Secretary shall prescribe rules setting forth the form and content of the reports required under paragraphs (1) and (2). "(b)(1) For the purpose of carrying out the provisions of this part. the Secretary or the EPA Administrator, or their duly designated agents, may hold such hearings, take such testimony, sit and act at such times and places, administer such oaths, and require, by subpena, the attendance and testimony of such witnesses and the production of such books, papers, correspondence, memorandums, contracts, agreements, or other records as the Secretary, the EPA Administator, or such agents deem advisable. The Secretary or the EPA Administrator may require, by general or special orders that any pereon— " (A) file, in such form as the Secretary or E P A Administrator may prescribe, reports or answers in writing to specific questions relating to any function of the Secretary or the E P A Administrator under this part, and "(B) provide the Secretary, the E P A Administrator, or their duly designated agents, access to (and for the purpose of examination, the right to copy) any documentary evidence of such person which is relevant to any function of the Secretary or the E P A Administrator under this part. Such reports and answers shall be made under oath or otherwise, and shall be filed with the Secretary or the E P A Administrator within such reasonable period as either may prescribe. "(2) The district courts of the United States for a judicial district in the jurisdiction of which an inquiry is carried on may, in the case of contumacy or refusal to obey a duly authorized subpena or order of the Secretary, the EPA Administrator, or a duly designated agent of either, issued under paragraph (1), issue an order requiring compliance with such subpena or order. Any failure to obey such an order of the court may be treated by such court as a contempt thereof. "(3) Witnesses summoned pursuant to this subsection shall be paid the same fees and mileage that are paid witnesses in the courts of the United States. "(c)(1) Every manufacturer shall establish and maintain such records, make such reports, conduct such tests, and provide such items and information as the Secretary or the E P A Administrator may, by rule, reasonably require to enable the Secretary or the EPA Administrator to carry out their duties under this part and under any rules prescribed pursuant to this part. Such manufacturer shall, upon request of a duly designated agent of the Secretary or the E P A Administrator who presents appropriate credentials, permit such agent, at reasonable times and in a reasonable manner, to enter the premises of such manufacturer to inspect automobiles and appropriate books, papers, records, and documents. Such manufacturer shall make available all of such items and information in accordance with such reasonable rules as the Secretary or the E P A Administrator may prescribe. " (2) The district courts of the United States may, if a manufacturer refuses to accede to any rule or reasonable request made under paragraph (1), issue an order requiring compliance with such requirement or request. Any failure to obey such an order of the court may be treated by such court as a contempt thereof. "(d)(1) The Secretary and the E P A Administrator shall each disclose any information obtained under this part (other than section 503(d)) to the public in accordance with section.552 of title 5, United States Code, except that information may be withheld from disclosure

89 STAT. 909

Rules, Hearings,

Witness fees, Recordkeeping,