[Code of Federal Regulations]

[Title 40, Volume 24]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 40CFR239.7]



[Page 316-317]

 

                   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 317]]



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.