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U.S. Code as of:
01/19/04
Section 7414. Recordkeeping, inspections, monitoring, and entry
(a) Authority of Administrator or authorized representative
For the purpose (i) of developing or assisting in the development
of any implementation plan under section 7410 or section 7411(d) of
this title, any standard of performance under section 7411 of this
title, any emission standard under section 7412 of this title,,)1(!
or any regulation of solid waste combustion under section 7429 of
this title, or any regulation under section 7429 of this title
(relating to solid waste combustion), (ii) of determining whether
any person is in violation of any such standard or any requirement
of such a plan, or (iii) carrying out any provision of this chapter
(except a provision of subchapter II of this chapter with respect
to a manufacturer of new motor vehicles or new motor vehicle
engines) -
(1) the Administrator may require any person who owns or
operates any emission source, who manufactures emission control
equipment or process equipment, who the Administrator believes
may have information necessary for the purposes set forth in this
subsection, or who is subject to any requirement of this chapter
(other than a manufacturer subject to the provisions of section
7525(c) or 7542 of this title with respect to a provision of
subchapter II of this chapter) on a one-time, periodic or
continuous basis to -
(A) establish and maintain such records;
(B) make such reports;
(C) install, use, and maintain such monitoring equipment, and
use such audit procedures, or methods;
(D) sample such emissions (in accordance with such procedures
or methods, at such locations, at such intervals, during such
periods and in such manner as the Administrator shall
prescribe);
(E) keep records on control equipment parameters, production
variables or other indirect data when direct monitoring of
emissions is impractical;
(F) submit compliance certifications in accordance with
subsection (a)(3) of this section; and
(G) provide such other information as the Administrator may
reasonably require; and
(2) the Administrator or his authorized representative, upon
presentation of his credentials -
(A) shall have a right of entry to, upon, or through any
premises of such person or in which any records required to be
maintained under paragraph (1) of this section are located, and
(B) may at reasonable times have access to and copy any
records, inspect any monitoring equipment or method required
under paragraph (1), and sample any emissions which such person
is required to sample under paragraph (1).)2(!
(3) The )3(! Administrator shall in the case of any person
which is the owner or operator of a major stationary source, and
may, in the case of any other person, require enhanced monitoring
and submission of compliance certifications. Compliance
certifications shall include (A) identification of the applicable
requirement that is the basis of the certification, (B) the
method used for determining the compliance status of the source,
(C) the compliance status, (D) whether compliance is continuous
or intermittent, (E) such other facts as the Administrator may
require. Compliance certifications and monitoring data shall be
subject to subsection (c) of this section. Submission of a
compliance certification shall in no way limit the
Administrator's authorities to investigate or otherwise implement
this chapter. The Administrator shall promulgate rules to provide
guidance and to implement this paragraph within 2 years after
November 15, 1990.
(b) State enforcement
(1) Each State may develop and submit to the Administrator a
procedure for carrying out this section in such State. If the
Administrator finds the State procedure is adequate, he may
delegate to such State any authority he has to carry out this
section.
(2) Nothing in this subsection shall prohibit the Administrator
from carrying out this section in a State.
(c) Availability of records, reports, and information to public;
disclosure of trade secrets
Any records, reports or information obtained under subsection (a)
of this section shall be available to the public, except that upon
a showing satisfactory to the Administrator by any person that
records, reports, or information, or particular part thereof,
(other than emission data) to which the Administrator has access
under this section if made public, would divulge methods or
processes entitled to protection as trade secrets of such person,
the Administrator shall consider such record, report, or
information or particular portion thereof confidential in
accordance with the purposes of section 1905 of title 18, except
that such record, report, or information may be disclosed to other
officers, employees, or authorized representatives of the United
States concerned with carrying out this chapter or when relevant in
any proceeding under this chapter.
(d) Notice of proposed entry, inspection, or monitoring
(1) In the case of any emission standard or limitation or other
requirement which is adopted by a State, as part of an applicable
implementation plan or as part of an order under section 7413(d)
)4(! of this title, before carrying out an entry, inspection, or
monitoring under paragraph (2) of subsection (a) of this section
with respect to such standard, limitation, or other requirement,
the Administrator (or his representatives) shall provide the State
air pollution control agency with reasonable prior notice of such
action, indicating the purpose of such action. No State agency
which receives notice under this paragraph of an action proposed to
be taken may use the information contained in the notice to inform
the person whose property is proposed to be affected of the
proposed action. If the Administrator has reasonable basis for
believing that a State agency is so using or will so use such
information, notice to the agency under this paragraph is not
required until such time as the Administrator determines the agency
will no longer so use information contained in a notice under this
paragraph. Nothing in this section shall be construed to require
notification to any State agency of any action taken by the
Administrator with respect to any standard, limitation, or other
requirement which is not part of an applicable implementation plan
or which was promulgated by the Administrator under section 7410(c)
of this title.
(2) Nothing in paragraph (1) shall be construed to provide that
any failure of the Administrator to comply with the requirements of
such paragraph shall be a defense in any enforcement action brought
by the Administrator or shall make inadmissible as evidence in any
such action any information or material obtained notwithstanding
such failure to comply with such requirements.
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