42 U.S.C. § 7414 — Recordkeeping, inspections, monitoring,

Page 7235 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7414 1 So in original. 2 So in original. The ‘‘and’’ probably should not appear. 3 So in original. The period probably should be ‘‘; and’’. 4 So in original. Probably should not be capitalized. Subsecs. (b)(3), (c)(1)(C). Pub. L. 93–319, § 6(a)(2), (3), inserted reference to section 1857c–10(g) of this title. 1971—Subsec. (b)(2). Pub. L. 92–157, § 302(b), inserted ‘‘(A)’’ before ‘‘during’’ and ‘‘, or (B)’’ after ‘‘assumed enforcement’’. Subsec. (c)(1)(A). Pub. L. 92–157, § 302(c), inserted ‘‘(i)’’ before ‘‘during’’ and ‘‘, or (ii)’’ after ‘‘assumed enforce- ment’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1977 AMENDMENT Amendment by Pub. L. 95–95 effective Aug. 7, 1977, ex- cept 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 com- menced 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, CERTIFI- CATIONS, AUTHORIZATIONS, DELEGATIONS, AND OTHER ACTIONS All rules, regulations, orders, determinations, con- tracts, certifications, authorizations, delegations, or other actions duly issued, made, or taken by or pursu- ant 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 L. 95–95 [Aug. 7, 1977] to continue in full force and effect until modified or rescinded in accordance with act July 14, 1955, as amended by Pub.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. TRANSFER OF FUNCTIONS The Federal Power Commission was terminated, and its functions, personnel, property, funds, etc., were transferred to the Secretary of Energy (except for cer- tain functions which were transferred to the Federal Energy Regulatory Commission) by sections 7151(b), 7171(a), 7172(a), 7291, and 7293 of this title. § 7414. Recordkeeping, inspections, monitoring, and entry (a) Authority of Administrator or authorized rep- resentative 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 sec- tion 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 with respect to a manufacturer of new motor vehicles or new motor vehicle engines)— (1) the Administrator may require any per- son 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) 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 moni- toring equipment, and use such audit proce- dures, or methods; (D) sample such emissions (in accordance with such procedures or methods, at such lo- cations, at such intervals, during such peri- ods and in such manner as the Adminis- trator shall prescribe); (E) keep records on control equipment pa- rameters, production variables or other indi- rect data when direct monitoring of emis- sions is impractical; (F) submit compliance certifications in ac- cordance with subsection (a)(3); and (G) provide such other information as the Administrator may reasonably require; and 2 (2) the Administrator or his authorized rep- resentative, upon presentation of his creden- tials— (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 lo- cated, and (B) may at reasonable times have access to and copy any records, inspect any moni- toring equipment or method required under paragraph (1), and sample any emissions which such person is required to sample under paragraph (1).3 (3) The 4 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 cer- tifications. Compliance certifications shall in- clude (A) identification of the applicable re- quirement that is the basis of the certifi- cation, (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. Com- pliance certifications and monitoring data shall be subject to subsection (c) of this sec- tion. Submission of a compliance certification shall in no way limit the Administrator’s au- thorities to investigate or otherwise imple- ment 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 Page 7236 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7414 5 See References in Text note below. section in such State. If the Administrator finds the State procedure is adequate, he may dele- gate 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 sec- tion in a State. (c) Availability of records, reports, and informa- tion to public; disclosure of trade secrets Any records, reports or information obtained under subsection (a) 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 author- ized representatives of the United States con- cerned with carrying out this chapter or when relevant in any proceeding under this chapter. (d) Notice of proposed entry, inspection, or moni- toring (1) In the case of any emission standard or limitation or other requirement which is adopt- ed by a State, as part of an applicable imple- mentation plan or as part of an order under sec- tion 7413(d) 5 of this title, before carrying out an entry, inspection, or monitoring under para- graph (2) of subsection (a) with respect to such standard, limitation, or other requirement, the Administrator (or his representatives) shall pro- vide the State air pollution control agency with reasonable prior notice of such action, indi- cating the purpose of such action. No State agency which receives notice under this para- graph of an action proposed to be taken may use the information contained in the notice to in- form the person whose property is proposed to be affected of the proposed action. If the Admin- istrator has reasonable basis for believing that a State agency is so using or will so use such in- formation, notice to the agency under this para- graph is not required until such time as the Ad- ministrator 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 Admin- istrator with respect to any standard, limita- tion, 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 para- graph shall be a defense in any enforcement ac- tion brought by the Administrator or shall make inadmissible as evidence in any such ac- tion any information or material obtained not- withstanding such failure to comply with such requirements. (July 14, 1955, ch. 360, title I, § 114, as added Pub. L. 91–604, § 4(a), Dec. 31, 1970, 84 Stat. 1687; amended Pub. L. 93–319, § 6(a)(4), June 22, 1974, 88 Stat. 259; Pub. L. 95–95, title I, §§ 109(d)(3), 113, title III, § 305(d), Aug. 7, 1977, 91 Stat. 701, 709, 776; Pub. L. 95–190, § 14(a)(22), (23), Nov. 16, 1977, 91 Stat. 1400; Pub. L. 101–549, title III, § 302(c), title VII, § 702(a), (b), Nov. 15, 1990, 104 Stat. 2574, 2680, 2681.) Editorial Notes 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, § 701, Nov. 15, 1990, 104 Stat. 2672, and, as so amend- ed, 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, § 702(a)(1), which di- rected that ‘‘or’’ be struck out in first sentence imme- diately before ‘‘any emission standard under section 7412 of this title,’’ could not be executed because of the prior amendment by Pub. L. 101–549, § 302(c), see below. Pub. L. 101–549, § 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, § 302(c), struck out ‘‘or’’ after ‘‘per- formance 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, § 702(a)(3), amended par. (1) generally. Prior to amendment, par. (1) read as fol- lows: ‘‘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 manu- facturer subject to the provisions of section 7525(c) or 7542 of this title) with respect to a provision of sub- chapter 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 reason- ably require; and’’. Subsec. (a)(3). Pub. L. 101–549, § 702(b), added par. (3). 1977—Subsec. (a). Pub. L. 95–190, § 14(a)(22), inserted reference to subchapter II of this chapter and ‘‘new’’ before ‘‘motor’’ in two places. Pub. L. 95–95, § 305(d), substituted ‘‘carrying out any provision of this chapter (except with respect to a man- ufacturer of motor vehicles or motor vehicle engines)’’ for ‘‘carrying out sections 119 or 303’’ in cl. (iii) pre- ceding 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, § 14(a)(23), inserted ref- erence 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, § 109(d)(3), struck out ‘‘(except with respect to new sources owned or operated by the United States)’’ after ‘‘to carry out this sec- tion’’. Page 7237 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7415 Subsec. (d). Pub. L. 95–95, § 113, added subsec. (d). 1974—Subsec. (a). Pub. L. 93–319 inserted reference to section 119. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1977 AMENDMENT Amendment by Pub. L. 95–95 effective Aug. 7, 1977, ex- cept 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 com- menced 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, CERTIFI- CATIONS, AUTHORIZATIONS, DELEGATIONS, AND OTHER ACTIONS All rules, regulations, orders, determinations, con- tracts, certifications, authorizations, delegations, or other actions duly issued, made, or taken by or pursu- ant 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. § 7415. International air pollution (a) Endangerment of public health or welfare in foreign countries from pollution emitted in United States Whenever the Administrator, upon receipt of reports, surveys or studies from any duly con- stituted international agency has reason to be- lieve that any air pollutant or pollutants emit- ted in the United States cause or contribute to air pollution which may reasonably be antici- pated to endanger public health or welfare in a foreign country or whenever the Secretary of State requests him to do so with respect to such pollution which the Secretary of State alleges is of such a nature, the Administrator shall give formal notification thereof to the Governor of the State in which such emissions originate. (b) Prevention or elimination of endangerment The notice of the Administrator shall be deemed to be a finding under section 7410(a)(2)(H)(ii) of this title which requires a plan revision with respect to so much of the ap- plicable implementation plan as is inadequate to prevent or eliminate the endangerment re- ferred to in subsection (a). Any foreign country so affected by such emission of pollutant or pol- lutants shall be invited to appear at any public hearing associated with any revision of the ap- propriate portion of the applicable implementa- tion plan. (c) Reciprocity This section shall apply only to a foreign country which the Administrator determines has given the United States essentially the same rights with respect to the prevention or control of air pollution occurring in that country as is given that country by this section. (d) Recommendations Recommendations issued following any abate- ment conference conducted prior to August 7, 1977, shall remain in effect with respect to any pollutant for which no national ambient air quality standard has been established under sec- tion 7409 of this title unless the Administrator, after consultation with all agencies which were party to the conference, rescinds any such rec- ommendation on grounds of obsolescence. (July 14, 1955, ch. 360, title I, § 115, formerly § 5, as added Pub. L. 88–206, § 1, Dec. 17, 1963, 77 Stat. 396; renumbered § 105 and amended Pub. L. 89–272, title I, §§ 101(2), (3), 102, Oct. 20, 1965, 79 Stat. 992, 995, renumbered § 108 and amended Pub. L. 90–148, § 2, Nov. 21, 1967, 81 Stat. 491, re- numbered § 115 and amended Pub. L. 91–604, §§ 4(a), (b)(2)–(10), 15(c)(2), Dec. 31, 1970, 84 Stat. 1678, 1688, 1689, 1713; Pub. L. 95–95, title I, § 114, Aug. 7, 1977, 91 Stat. 710.) Editorial Notes CODIFICATION Section was formerly classified to section 1857d of this title. AMENDMENTS 1977—Pub. L. 95–95 completely revised section by sub- stituting provisions establishing a mechanism for the Administrator to trigger a revision of a State imple- mentation plan under section 7410(a)(2)(H) upon a peti- tion of an international agency or the Secretary of State if he finds that emissions originating in a State endanger the health or welfare of persons in a foreign country for provisions calling for the abatement of air pollution by means of conference procedures. 1970—Subsec. (a). Pub. L. 91–604, § 4(b)(2), inserted ‘‘and which is covered by subsection (b) or (c)’’ after ‘‘persons’’. Subsec. (b). Pub. L. 91–604, §§ 4(b)(3), (4), (5), 15(c)(2), redesignated former subsec. (d)(1)(A), (B), and (C) as (b)(1), (2), and (3), substituted ‘‘Administrator’’ for ‘‘Secretary’’ wherever appearing, and added subsec. (b)(4). Former subsec. (b), which related to the encour- agement of municipal, State, and interstate action to abate air pollution, was struck out. Subsec. (c). Pub. L. 91–604, §§ 4(b)(3), (6), 15(c)(2), redes- ignated former subsec. (d)(1)(D) as (c) and substituted ‘‘Administrator’’ for ‘‘Secretary’’ and ‘‘Secretary of Health, Education, and Welfare’’ wherever appearing and ‘‘subsection’’ for ‘‘subparagraph’’ wherever appear- ing. Former subsec. (c), which related to the procedure for the promulgation of State air quality standards, was struck out. Subsec. (d). Pub. L. 91–604, §§ 4(b)(4), (6), (7), (8), 15(c)(2), redesignated former subsec. (d)(2) and (3) as (d)(1) and (2), in (d)(1) substituted ‘‘Administrator’’ for ‘‘Secretary’’ wherever appearing and ‘‘any conference under this section’’ for ‘‘such conference’’, and in (d)(2) substituted ‘‘Administrator’’ for ‘‘Secretary’’. Former subsec. (d)(1)(A), (B), and (C) were redesignated as (b)(1), (2), and (3), respectively, and subsec. (d)(1)(D) was redesignated as (c). Subsec. (e). Pub. L. 91–604, § 15(c)(2), substituted ‘‘Ad- ministrator’’ for ‘‘Secretary’’ wherever appearing. Subsec. (f). Pub. L. 91–604, § 15(c)(2), substituted ‘‘Ad- ministrator’’ for ‘‘Secretary’’ wherever appearing and ‘‘Environmental Protection Agency’’ for ‘‘Department of Health, Education, and Welfare’’. Subsec. (g). Pub. L. 91–604, §§ 4(b)(9), 15(c)(2), sub- stituted ‘‘Administrator’’ for ‘‘Secretary’’ and ‘‘sub- section (c)’’ for ‘‘subparagraph (D) of subsection (d)’’.