
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC7414]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
            CHAPTER 85--AIR POLLUTION PREVENTION AND CONTROL
 
                  SUBCHAPTER I--PROGRAMS AND ACTIVITIES
 
              Part A--Air Quality and Emission Limitations
 
Sec. 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)--
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    \1\ So in original.
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        (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\
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    \2\ The period probably should be ``; and''.

        (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.
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    \3\ So in original. Probably should not be capitalized.
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(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.
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    \4\ See References in Text note below.
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    (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.

(July 14, 1955, ch. 360, title I, Sec. 114, as added Pub. L. 91-604, 
Sec. 4(a), Dec. 31, 1970, 84 Stat. 1687; amended Pub. L. 93-319, 
Sec. 6(a)(4), June 22, 1974, 88 Stat. 259; Pub. L. 95-95, title I, 
Secs. 109(d)(3), 113, title III, Sec. 305(d), Aug. 7, 1977, 91 Stat. 
701, 709, 776; Pub. L. 95-190, Sec. 14(a)(22), (23), Nov. 16, 1977, 91 
Stat. 1400; Pub. L. 101-549, title III, Sec. 302(c), title VII, 
Sec. 702(a), (b), Nov. 15, 1990, 104 Stat. 2574, 2680, 2681.)

                       References in Text

    Section 7413(d) of this title, referred to in subsec. (d)(1), was 
amended generally by Pub. L. 101-549, title VII, Sec. 701, Nov. 15, 
1990, 104 Stat. 2672, and, as so amended, no longer relates to final 
compliance orders.

                          Codification

    Section was formerly classified to section 1857c-9 of this title.


                               Amendments

    1990--Subsec. (a). Pub. L. 101-549, Sec. 702(a)(1), which directed 
that ``or'' be struck out in first sentence immediately before ``any 
emission standard under section 7412 of this title,'' could not be 
executed because of the prior amendment by Pub. L. 101-549, Sec. 302(c), 
see below.
    Pub. L. 101-549, Sec. 702(a)(2), inserted ``or any regulation under 
section 7429 of this title (relating to solid waste combustion),'' 
before ``(ii) of determining''.
    Pub. L. 101-549, Sec. 302(c), struck out ``or'' after ``performance 
under section 7411 of this title,'' and inserted ``, or any regulation 
of solid waste combustion under section 7429 of this title,'' after 
``standard under section 7412 of this title''.
    Subsec. (a)(1). Pub. L. 101-549, Sec. 702(a)(3), amended par. (1) 
generally. Prior to amendment, par. (1) read as follows: ``the 
Administrator may require any person who owns or operates any emission 
source 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 
to (A) establish and maintain such records, (B) make such reports, (C) 
install, use, and maintain such monitoring equipment or methods, (D) 
sample such emissions (in accordance with such methods, at such 
locations, at such intervals, and in such manner as the Administrator 
shall prescribe), and (E) provide such other information as he may 
reasonably require; and''.
    Subsec. (a)(3). Pub. L. 101-549, Sec. 702(b), added par. (3).
    1977--Subsec. (a). Pub. L. 95-190, Sec. 14(a)(22), inserted 
reference to subchapter II of this chapter and ``new'' before ``motor'' 
in two places.
    Pub. L. 95-95, Sec. 305(d), substituted ``carrying out any provision 
of this chapter (except with respect to a manufacturer of motor vehicles 
or motor vehicle engines)'' for ``carrying out sections 119 or 303'' in 
cl. (iii) preceding par. (1), substituted ``any person subject to any 
requirement of this chapter (other than a manufacturer subject to the 
provisions of sections 7525(c) or 7542 of this title)'' for ``the owner 
or operator of any emission source'' in par. (1), substituted ``any 
premises of such person'' for ``any premises in which an emission source 
is located'' in subpar. (A) of par. (2), and substituted ``emissions 
which such person is required to sample'' for ``emissions which the 
owner or operator of such source is required to sample'' in subpar. (B) 
of subpar. (2).
    Subsec. (a)(1). Pub. L. 95-190, Sec. 14(a)(23), inserted reference 
to subchapter II of this chapter and ``who owns or operates any emission 
source or who is'' after ``any person''.
    Subsec. (b)(1). Pub. L. 95-95, Sec. 109(d)(3), struck out ``(except 
with respect to new sources owned or operated by the United States)'' 
after ``to carry out this section''.
    Subsec. (d). Pub. L. 95-95, Sec. 113, added subsec. (d).
    1974--Subsec. (a). Pub. L. 93-319 inserted reference to section 119.


                    Effective Date of 1977 Amendment

    Amendment by Pub. L. 95-95 effective Aug. 7, 1977, except as 
otherwise expressly provided, see section 406(d) of Pub. L. 95-95, set 
out as a note under section 7401 of this title.


                     Pending Actions and Proceedings

    Suits, actions, and other proceedings lawfully commenced by or 
against the Administrator or any other officer or employee of the United 
States in his official capacity or in relation to the discharge of his 
official duties under act July 14, 1955, the Clean Air Act, as in effect 
immediately prior to the enactment of Pub. L. 95-95 [Aug. 7, 1977], not 
to abate by reason of the taking effect of Pub. L. 95-95, see section 
406(a) of Pub. L. 95-95, set out as an Effective Date of 1977 Amendment 
note under section 7401 of this title.


       Modification or Rescission of Rules, Regulations, Orders, 
Determinations, Contracts, Certifications, Authorizations, Delegations, 
                            and Other Actions

    All rules, regulations, orders, determinations, contracts, 
certifications, authorizations, delegations, or other actions duly 
issued, made, or taken by or pursuant to act July 14, 1955, the Clean 
Air Act, as in effect immediately prior to the date of enactment of Pub. 
L. 95-95 [Aug. 7, 1977] to continue in full force and effect until 
modified or rescinded in accordance with act July 14, 1955, as amended 
by Pub. L. 95-95 [this chapter], see section 406(b) of Pub. L. 95-95, 
set out as an Effective Date of 1977 Amendment note under section 7401 
of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 7411, 7412, 7413, 7429, 
7607, 7627, 7651j, 7661a, 7661b, 7671k, 9606 of this title.
