Inspections, monitoring, and entry

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  • For the purpose (i) of developing or assisting in the development of any implementation plan or any emission standard; (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 and rules and regulations enacted pursuant thereto:
    • (a) The Commissioner may, by regulation, order, permit or otherwise, require any person who owns or operates any emission source, or who is subject to any requirement of this chapter on a one-time, periodic or continuous basis to:

      • (1) establish and maintain such records;

      • (2) make such reports;

      • (3) install, use and maintain such monitoring equipment and use such audit procedures, or methods;

      • (4) sample such emissions (in accordance with such procedures or methods, at such locations, during such periods, and in such manner as the Commissioner shall prescribe); and

      • (5) keep records on control equipment parameters, production variables or other indirect data when direct monitoring of emissions is impractical;

      • (6) provide such other information as the Commissioner may reasonably require.

    • (b) To carry out the purposes of this chapter or any rule, regulation, order or permit issued thereunder, the Commissioner, or any duly authorized officer, employee, or representative, upon presentation of his credentials:

      • (1) shall at reasonable times have a right of entry to, upon, or through any premises of such person or, in which any records required to be maintained under subsection (a) are located; and

      • (2) may at reasonable times have access to and copy any records, inspect any monitoring equipment or method required under subsection (a), and sample any emitted by such source.

    • (c) The Commissioner shall in the case of any person who is the owner or operator of a major stationary source, and may, in the case of any other person, require enhanced monitoring as provided for in regulations promulgated by EPA pursuant to section 114(a)(3) of the Clean Air Act, as amended, 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 Commissioner may require. Compliance certifications and monitoring data shall be subject to section 213 of this chapter. Submission of a compliance certification shall in no way limit the Commissioner's authorities to investigate or otherwise implement this chapter. The Commissioner shall promulgate rules to provide guidance and to implement this subsection.


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