[Code of Federal Regulations]
[Title 40, Volume 22]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR239.7]

[Page 312-313]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 239--REQUIREMENTS FOR STATE PERMIT PROGRAM DETERMINATION OF 
ADEQUACY--Table of Contents
 
          Subpart C--Requirements for Adequate Permit Programs
 
Sec. 239.7  Requirements for compliance monitoring authority.

    (a) The state must have the authority to:
    (1) Obtain any and all information necessary, including records and 
reports, from an owner or operator of a Subtitle D regulated facility, 
to determine whether the owner or operator is in compliance with the 
state requirements;
    (2) Conduct monitoring or testing to ensure that owners and 
operators are in compliance with the state requirements; and
    (3) Enter any site or premise subject to the permit program or in 
which records relevant to the operation of Subtitle D regulated 
facilities or activities are kept.
    (b) A state must demonstrate that its compliance monitoring program 
provides for inspections adequate to determine compliance with the 
approved state permit program.
    (c) A state must demonstrate that its compliance monitoring program 
provides mechanisms or processes to:
    (1) Verify the accuracy of information submitted by owners or 
operators of Subtitle D regulated facilities;
    (2) Verify the adequacy of methods (including sampling) used by 
owners or

[[Page 313]]

operators in developing that information;
    (3) Produce evidence admissible in an enforcement proceeding; and
    (4) Receive and ensure proper consideration of information submitted 
by the public.