Section 114(a) of the Clean Air Act

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

and 7620 of this title, and regulations under part in par.
(3), inserted reference to subsec. (d) of this section in
par. (4), added par. (5), and, in provisions following par.
(5), authorized the commencement of civil actions to
recover noncompliance penalties and nonpayment penalties under section 7420 of this title, expanded jurisdictional provisions to authorize actions in districts in
which the violation occurred and to authorize the district court to restrain violations, to require compliance, to assess civil penalties, and to collect penalties
under section 7420 of this title, enumerated factors to
be taken into consideration in determining the amount
of civil penalties, and authorized awarding of costs to
the party or parties against whom the action was
brought in cases where the court finds that the action
was unreasonable.
Subsec. (b)(3). Pub. L. 95–190, § 14(a)(10), (11), inserted
‘‘or’’ after ‘‘ozone);’’, and substituted ‘‘7624’’ for ‘‘7620’’,
‘‘conversion), section’’ for ‘‘conversion) section’’, and
‘‘orders), or’’ for ‘‘orders) or’’.
Subsec. (c)(1). Pub. L. 95–95, § 111(d)(1), (2), substituted
‘‘any order issued under section 7419 of this title or
under subsection (a) or (d) of this section’’ for ‘‘any
order issued by the Administrator under subsection
(a)’’ in subpar. (B), struck out reference to section
119(g) (as in effect before the date of the enactment of
Pub. L. 95–95) in subpar. (C), and added subpar. (D).
Subsec. (c)(1)(B). Pub. L. 95–190, § 14(a)(12), inserted
‘‘or’’ after ‘‘section,’’.
Subsec. (c)(1)(D). Pub. L. 95–190, § 14(a)(13), substituted
‘‘1977 subsection’’ for ‘‘1977) subsection’’ and ‘‘penalties), or’’ for ‘‘penalties) or’’.
Subsec. (c)(3). Pub. L. 95–95, § 111(d)(3), added par. (3).
Subsec. (d). Pub. L. 95–95, § 112(a), added subsec. (d).
Subsec. (d)(1). Pub. L. 95–190, § 14(a)(14), substituted
‘‘to any stationary source which is unable to comply
with any requirement of an applicable implementation
plan an order’’ for ‘‘an order for any stationary source’’
and ‘‘such requirement’’ for ‘‘any requirement of an applicable implementation plan’’.
Subsec. (d)(1)(E). Pub. L. 95–190, § 14(a)(15), inserted
provision relating to exemption under section
7420(a)(2)(B) or (C) of this title, provision relating to
noncompliance penalties effective July 1, 1979, and reference to subsec. (b)(3) or (g) of section 7420 of this
title.
Subsec. (d)(2). Pub. L. 95–190, § 14(a)(16), inserted provisions relating to determinations by the Administrator of compliance with requirements of this chapter
of State orders issued under this subsection.
Subsec. (d)(4)(A). Pub. L. 95–190, § 14(a)(17), substituted ‘‘title) upon’’ for ‘‘title upon’’.
Subsec. (d)(5)(A). Pub. L. 95–190, § 14(a)(18), substituted ‘‘an additional period for’’ for ‘‘an additional
period of’’.
Subsec. (d)(8). Pub. L. 95–190, § 14(a)(19), struck out
reference to par. (3) of this subsection.
Subsec. (d)(10). Pub. L. 95–190, § 14(a)(20), substituted
‘‘in effect’’ for ‘‘issued’’, ‘‘Federal’’ for ‘‘other’’, and
‘‘and no action under’’ for ‘‘or’’.
Subsec. (d)(11). Pub. L. 95–190, § 14(a)(21), substituted
‘‘and in effect’’ for ‘‘(and approved by the Administrator)’’.
1974—Subsec. (a)(3). Pub. L. 93–319, § 6(a)(1), inserted
reference to section 1857c–10(g) of this title (relating to
energy-related authorities).
Subsecs. (b)(3), (c)(1)(C). Pub. L. 93–319, § 6(a)(2), (3),
inserted reference to section 1857c–10(g) of this title.
1971—Subsec. (b)(2). Pub. L. 92–157, § 302(b), inserted
‘‘(A)’’ before ‘‘during’’ and ‘‘, or (B)’’ after ‘‘assumed
enforcement’’.
Subsec. (c)(1)(A). Pub. L. 92–157, § 302(c), inserted ‘‘(i)’’
before ‘‘during’’ and ‘‘, or (ii)’’ after ‘‘assumed enforcement’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1977 AMENDMENT
Amendment by Pub. L. 95–95 effective Aug. 7, 1977, except as otherwise expressly provided, see section 406(d)

§ 7414

of Pub. L. 95–95, set out as a note under section 7401 of
this title.
PENDING ACTIONS AND PROCEEDINGS
Suits, actions, and other proceedings lawfully commenced by or against the Administrator or any other
officer or employee of the United States in his official
capacity or in relation to the discharge of his official
duties under act July 14, 1955, the Clean Air Act, as in
effect immediately prior to the enactment of Pub. L.
95–95 [Aug. 7, 1977], not to abate by reason of the taking
effect of Pub. L. 95–95, see section 406(a) of Pub. L.
95–95, set out as an Effective Date of 1977 Amendment
note under section 7401 of this title.
MODIFICATION OR RESCISSION OF RULES, REGULATIONS,
DETERMINATIONS,
CONTRACTS,
CERTIFIORDERS,
CATIONS, AUTHORIZATIONS, DELEGATIONS, AND OTHER
ACTIONS
All rules, regulations, orders, determinations, contracts, certifications, authorizations, delegations, or
other actions duly issued, made, or taken by or pursuant to act July 14, 1955, the Clean Air Act, as in effect
immediately prior to the date of enactment of Pub. L.
95–95 [Aug. 7, 1977] to continue in full force and effect
until modified or rescinded in accordance with act July
14, 1955, as amended by Pub. L. 95–95 [this chapter], see
section 406(b) of Pub. L. 95–95, set out as an Effective
Date of 1977 Amendment note under section 7401 of this
title.
TRANSFER OF FUNCTIONS
The Federal Power Commission was terminated, and
its functions, personnel, property, funds, etc., were
transferred to the Secretary of Energy (except for certain functions which were transferred to the Federal
Energy Regulatory Commission) by sections 7151(b),
7171(a), 7172(a), 7291, and 7293 of this title.

§ 7414. Recordkeeping, inspections, monitoring,
and entry
(a) Authority of Administrator or authorized representative
For the purpose (i) of developing or assisting
in the development of any implementation plan
under section 7410 or section 7411(d) of this title,
any standard of performance under section 7411
of this title, any emission standard under section 7412 of this title,,1 or any regulation of solid
waste combustion under section 7429 of this
title, or any regulation under section 7429 of this
title (relating to solid waste combustion), (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 (except a provision of subchapter II with
respect to a manufacturer of new motor vehicles
or new motor vehicle engines)—
(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
chapter (other than a manufacturer subject to
the provisions of section 7525(c) or 7542 of this
title with respect to a provision of subchapter
II) on a one-time, periodic or continuous basis
to—
(A) establish and maintain such records;
(B) make such reports;
1 So

in original.

§ 7414

TITLE 42—THE PUBLIC HEALTH AND WELFARE

(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, during 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 subsection (a)(3); and
(G) provide such other information as the
Administrator may reasonably require; and 2
(2) the Administrator or his authorized representative, upon presentation of his credentials—
(A) shall have a right of entry to, upon, or
through any premises of such person or in
which any records required to be maintained
under paragraph (1) of this section are located, and
(B) may at reasonable times have access to
and copy any records, inspect any monitoring equipment or method required under
paragraph (1), and sample any emissions
which such person is required to sample
under paragraph (1).3
(3) The 4 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 chapter. The Administrator shall
promulgate rules to provide guidance and to
implement this paragraph within 2 years after
November 15, 1990.
(b) State enforcement
(1) Each State may develop and submit to the
Administrator a procedure for carrying out this
section in such State. If the Administrator finds
the State procedure is adequate, he may delegate to such State any authority he has to carry
out this section.
(2) Nothing in this subsection shall prohibit
the Administrator from carrying out this section in a State.
(c) Availability of records, reports, and information to public; disclosure of trade secrets
Any records, reports or information obtained
under subsection (a) shall be available to the
2 So

in original. The ‘‘and’’ probably should not appear.
period probably should be ‘‘; and’’.
4 So in original. Probably should not be capitalized.

Page 6966

public, except that upon a showing satisfactory
to the Administrator by any person that
records, reports, or information, or particular
part thereof, (other than emission data) to
which the Administrator has access under this
section if made public, would divulge methods or
processes entitled to protection as trade secrets
of such person, the Administrator shall consider
such record, report, or information or particular
portion thereof confidential in accordance with
the purposes of section 1905 of title 18, except
that such record, report, or information may be
disclosed to other officers, employees, or authorized representatives of the United States concerned with carrying out this chapter or when
relevant in any proceeding under this chapter.
(d) Notice of proposed entry, inspection, or monitoring
(1) In the case of any emission standard or
limitation or other requirement which is adopted by a State, as part of an applicable implementation plan or as part of an order under section 7413(d) 5 of this title, before carrying out an
entry, inspection, or monitoring under paragraph (2) of subsection (a) with respect to such
standard, limitation, or other requirement, the
Administrator (or his representatives) shall provide the State air pollution control agency with
reasonable prior notice of such action, indicating the purpose of such action. No State
agency which receives notice under this paragraph of an action proposed to be taken may use
the information contained in the notice to inform the person whose property is proposed to
be affected of the proposed action. If the Administrator has reasonable basis for believing that a
State agency is so using or will so use such information, notice to the agency under this paragraph is not required until such time as the Administrator determines the agency will no
longer so use information contained in a notice
under this paragraph. Nothing in this section
shall be construed to require notification to any
State agency of any action taken by the Administrator with respect to any standard, limitation, or other requirement which is not part of
an applicable implementation plan or which was
promulgated by the Administrator under section
7410(c) of this title.
(2) Nothing in paragraph (1) shall be construed
to provide that any failure of the Administrator
to comply with the requirements of such paragraph shall be a defense in any enforcement action brought by the Administrator or shall
make inadmissible as evidence in any such action any information or material obtained notwithstanding such failure to comply with such
requirements.
(July 14, 1955, ch. 360, title I, § 114, as added Pub.
L. 91–604, § 4(a), Dec. 31, 1970, 84 Stat. 1687;
amended Pub. L. 93–319, § 6(a)(4), June 22, 1974, 88
Stat. 259; Pub. L. 95–95, title I, §§ 109(d)(3), 113,
title III, § 305(d), Aug. 7, 1977, 91 Stat. 701, 709,
776; Pub. L. 95–190, § 14(a)(22), (23), Nov. 16, 1977,
91 Stat. 1400; Pub. L. 101–549, title III, § 302(c),
title VII, § 702(a), (b), Nov. 15, 1990, 104 Stat. 2574,
2680, 2681.)

3 The

5 See

References in Text note below.