[Code of Federal Regulations]
[Title 40, Volume 26]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR281.40]

[Page 542]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
                           AGENCY (CONTINUED)
 
PART 281_APPROVAL OF STATE UNDERGROUND STORAGE TANK PROGRAMS--Table 
of Contents
 
              Subpart D_Adequate Enforcement of Compliance
 
Sec. 281.40  Requirements for compliance monitoring program and authority.


    (a) Any authorized representative of the state engaged in compliance 
inspections, monitoring, and testing must have authority to obtain by 
request any information from an owner or operator with respect to the 
UST system(s) that is necessary to determine compliance with the 
regulations.
    (b) Any authorized representative of the state must have authority 
to require an owner or operator to conduct monitoring or testing.
    (c) Authorized representatives must have the authority to enter any 
site or premises subject to UST system regulations or in which records 
relevant to the operation of the UST system(s) are kept, and to copy 
these records, obtain samples of regulated substances, and inspect or 
conduct the monitoring or testing of UST system(s).
    (d) State programs must have procedures for receipt, evaluation, 
retention, and investigation of records and reports required of owners 
or operators and must provide for enforcement of failure to submit these 
records and reports.
    (e)(1) State programs must have inspection procedures to determine, 
independent of information supplied by regulated persons, compliance 
with program requirements, and must provide for enforcement of failure 
to comply with the program requirements. States must maintain a program 
for systematic inspections of facilities subject to regulations in a 
manner designed to determine compliance or non-compliance, to verify 
accuracy of information submitted by owners or operators of regulated 
USTs, and to verify adequacy of methods used by owners or operators in 
developing that information.
    (2) When inspections are conducted, samples taken, or other 
information gathered, these procedures must be conducted in a manner 
(for example, using proper ``chain of custody'' procedures) that will 
produce evidence admissible in an enforcement proceeding, or in court.
    (f) Public effort in reporting violations must be encouraged and the 
state enforcement agency(ies) must make available information on 
reporting procedures. State programs must maintain a program for 
investigating information obtained from the public about suspected 
violations of UST program requirements.
    (g) The state program must maintain the data collected through 
inspections and evaluation of records in such a manner that the 
implementing agency can monitor over time the compliance status of the 
regulated community. Any compilation, index, or inventory of such 
facilities and activities shall be made available to EPA upon request.