Pub. L. 101-549, tit. VII, sec. 702

COMPLIANCE CERTIFICATION.

EnactedYear: 1990Length: 446 wordsOfficial source
SEC. 702. COMPLIANCE CERTIFICATION. (a) Records, Reports, Monitoring, Etc.— Section 114(a) of the Clean Air Act is amended as follows: (1) Strike “or” in the first sentence immediately before “any emission standard under section 112,”. (2) Insert “or any regulation under section 129 (relating to solid waste combustion), before “(ii) of determining”. (3) Amend paragraph (1) to read as follows: “(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 Act (other than a manufacturer subject to the provisions of section 206(c) or 208 with respect to a provision of title 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 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, 104 STAT. 2681during 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 section 114(a)(3); and “(G) provide such other information as the Administrator may reasonably require; and”. (b) Monitoring and Compliance Certifications.— Section 114(a) of the Clean Air Act is amended by adding the following new paragraph at the end: “(3) The 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 Act. The Administrator shall promulgate rules to provide guidance and to implement this paragraph within 2 years after the enactment of the Clean Air Act Amendments of 1990.”. (c) Judicial Review.— Section 307(b)(1) of the Clean Air Act is amended by inserting “or revising regulations for enhanced monitoring and compliance certification programs under section 114(a)(3) of this Act,” immediately before “or any other final action of the Administrator”.
Pub. L. 101-549, tit. VII, sec. 702: COMPLIANCE CERTIFICATION. | Justis AI