Page:United States Statutes at Large Volume 104 Part 4.djvu/364

 104 STAT. 2680 PUBLIC LAW 101-549—NOV. 15, 1990 Federal Register, publication. 42 USC 7414. "(g) SETTLEMENTS; PUBLIC PARTICIPATION. —At least 30 days before a consent order or settlement agreement of any kind under this Act to which the United States is a party (other than enforcement actions under section 113, 120, or title II, whether or not involving civil or criminal penalties, or judgments subject to Department of Justice policy on public participation) is final or filed with a court, the Administrator shall provide a reasonable opportunity by notice in the Federal Register to persons who are not naimed as parties or intervenors to the action or matter to comment in writing. The Administrator or the Attorney General, as appropriate, shall promptly consider any such written comments and may withdraw or withhold his consent to the proposed order or agreement if the comments disclose facts or considerations which indicate that such consent is inappropriate, improper, inadequate, or inconsistent with the requirements of this Act. Nothing in this subsection shall apply to civil or criminal penalties under this Act. "(h) OPERATOR. —For purposes of the provisions of this section and section 120, the term 'operator', as used in such provisions, shall include any person who is senior management personnel or a corporate officer. Except in the case of knowing and willful violations, such term shall not include any person who is a stationary engineer or technician responsible for the operation, maintenance, repair, or monitoring of equipment and facilities and who often has supervisory and training duties but who is not senior management personnel or a corporate officer. Except in the case of knowing and willful violations, for purposes of subsection (c)(4) of this section, the term *a person' shall not include an employee who is carrying out his normal activities and who is not a part of senior management personnel or a corporate officer. Except in the case of knowing and willful violations, for purposes of paragraphs (1), (2), (3), and (5) of subsection (c) of this section the term 'a person' shall not include an employee who is carrying out his normal activities and who is acting under orders from the employer.". SEC. 702. COMPLIANCE CERTIFICATION. (a) RECORDS, REPORTS, MONITORING, ETC. — Section 114(a) of the Clean Air Act is amended as follows: (1) Strike "or" in the first sentence immediately before "any emission standard under section 112,". (2) Insert "or any regulation under section 129 (relating to solid waste combustion)," before "(ii) of determining". (3) Amend paragraph (1) to read as follows: "(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 Act (other than a manufacturer subject to the provisions of section 206(c) or 208 with respect to a provision of title II) on a one-time, periodic or continuous basis to— "(A) establish and maintain such records; "(B) make such reports; "(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,

�