Page:United States Statutes at Large Volume 104 Part 4.djvu/365

 PUBLIC LAW 101-549—NOV. 15, 1990 104 STAT. 2681 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 section 114(a)(3); and "(G) provide such other information as the Administrator may reasonably require; and". (b) MONITORING AND COMPUANCE CERTIFICATIONS. —Section 114(a) of the Clean Air Act is amended by adding the following new 42 USC 7414. paragraph at the end: "(3) The Administrator shall in the CEise 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. C!ompliance 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 Act. The Administrator shall promulgate rules to provide guidance and to implement this paragraph within 2 years after the enactment of the Clean Air Act Amendments of 1990.". (c) JUDICIAL REVIEW.—Section 307(b)(l) of the Clean Air Act is 42 USC 7607. amended by inserting "or revising regulations for enhanced monitoring and compliance certification programs under section 114(a)(3) of this Act," immediately before "or any other final action of the Administrator". SEC. 703. ADMINISTRATIVE ENFORCEMENT SUBPOENAS. Section 307(a) of the Clean Air Act is amended by striking out "(1)" after "(a)" and by striking "or section 202(b)(5)" and immediately after "section 202(b)(4) or 211(c)(3)" inserting ", any investigation, monitoring, reporting requirement, entry, compliance inspection, or administrative enforcement proceeding under the Act (including but not limited to section 113, section 114, section 120, section 129, section 167, section 205, section 206, section 208, section 303, or section 306),". SEC. 704. EMERGENCY ORDERS. Section 303 of the Clean Air Act is amended as follows: 42 USC 7603. (1) Strike "the health of persons and that appropriate State or local authorities have not acted to abate such sources" and insert "public health or welfare, or the environment". (2) Amend the second sentence to read "If it is not practicable to assure prompt protection of public health or welfare or the environment by commencement of such a civil action, the Administrator may issue such orders as may be necessary to protect public health or welfare or the environment.". (3) Strike the last 3 sentences of subsection (a) in their entirety. (4) Strike "(a)" and strike out subsection (b).

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