Document rem5qQQ0ojr1Dq12bzJb2Kz3q

71:T1 jO FEDERAL LAWS imprisonment for not more than two years, or by both. "(2) Any person who knowingly makes any false statement, representation, or certification in any appli cation, record, report, plan, or other document filed or required to be maintained under this Act or who falsi fies, tampers with, or knowingly renders inaccurate any monitoring device or method required to be main tained under this Act, shall upon conviction, be pun ished by a fine of not more than 510,000. or by im prisonment for not more than six months, or by both. "inspections, monitoring, and entry "Sec. 114 (a) For the purpose (i) of developing or / assisting in the development of any implementation / plan under section 110 or 111(d), any standard of per; formance under section 111, or any emission standard under section 112, (ii) of determining whether any per> son is in violation of any such standard or any requirc\ment of such a plan, or (iii) carrying out section 303-- ^"(1) the Administrator may require the owner or operator of any emission source to (A) establish and maintain such records, (B) make such reports, (C) in stall, use, and maintain such monitoring equipment or methods, (D) sample such emissions (in accordance ' with such methods, at such locations, at such intervals, , and in such manner as the Administrator shall pre\ scribe), and (E) provide such other information, as he \jnay reasonably require; and "(2) the Administrator or his authorized represen tative, upon presentation of his credentials-- "(A) shall have a right of entry to, upon, or through any premises in which an emission source is located 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 the owner or operator of such source is required to sample under paragraph (1). "(b) (1) Each State may develop and submit to the Administrator a procedure for carrying out this sec tion 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 (except with respect to new sources owned or operated by the United States). "(2) Nothing in this subsection shall prohibit the Administrator from carrying out this section in a State. "(c) Any records, reports or information obtained under subsection (a) shall be available to the public, except that upon a showing satisfactory to the Admin istrator by any person that records, reports, or informa tion, 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 ^yaerson, the Administrator shall consider such record, ^^Beport, or information or particular portion thereof " confidential in accordance with the purposes of section 1905 of title IS of the United States Code, 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 Act or when relevant in any proceeding under this Act." ABATEMENT BY MEANS OF CONFERENCE PROCEDURE IN CERTAIN CASES "Sec. 115. (a) The pollution of the air in any State or States which endangers the health or welfare of any per sons, and which is covered by subsection (b) or (c) shall be subject to abatement as provided in this section. "(b) (1) Whenever requested by the Governor of any State, a State air pollution control agency, or (with the concurrence of the Governor and the State air pollution control agency for the State in which the municipality is situated) the governing body of any municipality, the Administrator shall, if such request refers to air pollu tion which is alleged to endanger the health or welfare of persons in a State other than that in which the dis charge or discharges (causing or contributing to such pollution) originate, give formal notification thereof to the air pollution control agency of the municipality where such discharge or discharges originate, to the air pollution control agency of the State in which such municipality is located, and to the interstate air pollu tion control agency, if any, in whose jurisdictional area such municipality is located, and shall call promptly a conference of such agency or agencies and of the air pollution control agencies of the municipalities which may be adversely affected by such pollution, and the air pollution control agency, if any, of each State, or for each area, in which any such municipality is located. "(2) Whenever requested by the Governor of any State, a State air pollution control agency, or (with the concurrence of the Governor and the State air pollu tion control agency for the State in which the munici pality is situated) the governing body of any municipal ity, the Administrator shall, if such request refers to alleged air pollution which is endangering the health or welfare of persons only in the State in which the dis charge or discharges (causing or contributing to such pollution) originate and if a municipality affected by such air pollution, or the municipality in which such pollution originates, has either made or concurred in such request, give forma! notification thereof to the State air pollution control agency, to the air pollution control agencies of the municipality where such dis charge or discharges originate, and of the municipality or municipalities alleged to be adversely affected thereby, and to any interstate air pollution control agency, whose jurisdictional area includes any such municipality and shall promptly call a conference of such agency or agen cies, unless in the judgment of the Administrator, the effect of such pollution is not of such significance as to warrant exercise of Federal jurisdiction under this sec tion. "(3) The Administrator may, after consultation with State officials of all affected States, also call such a con ference whenever, on the basis of reports, surveys, or studies, he has reason to believe that any pollution re ferred to in subsection (a) is occurring and is endanger ing the health and welfare of persons in a State other than that in which the discharge or discharges originate. The Administrator shall invite the cooperation of any Environment Reporter CCR 000035615 10 /