Page:United States Statutes at Large Volume 84 Part 2.djvu/358

 1688

Authority, delegation to State.

Confidential information.

62 Stat. 791,

Ante, p. 1678.

PUBLIC LAW 91-604-DEC. 31, 1970

[84

STAT.

" (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 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 (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 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 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.'^ (b) Section 115 of the Clean Air Act (as so redesignated by subsection (a) of this section) is amended as follows: (1) Strike out the section heading and inserting in lieu thereof "ABATEMENT BY MEANS OF CONFERENCE PROCEDURE I N CERTAIN CASES»

Ante, p. 1679.

(2) Insert "and which is covered by subsection (b) or (c) " after "persons" in subsection (a). (3) Strike out subsections (b), (c), and (k). (4) Redesignate subsections (d)(1)(A), (B), and (C) as paragraphs (1), (2), and (3) of subsection (b), respectively. (5) Insert after subsection (b)(3) (as so redesignated) the following: "(4) A conference may not be called under this subsection with respect to an air pollutant for which (at the time the conference is called) a national primary or secondary ambient air quality standard is in effect under section 109." (6) Redesignate subsection (d)(1)(D) as subsection (c), and strike out "subparagraph" each place it appears therein and insert in lieu thereof "subsection". (7) Redesignate subsections (d)(2) and (d)(3) as subsections (d)(1) and (d)(2),respectively. (8) Strike out "such conference" in subsection (d)(1) (as so redesignated) and inserting in lieu thereof "any conference under this section". (9) Strike out "under subparagraph (D) of subsection (d) " in subsection (g)(1) and inserting in lieu thereof "subsection (c)".

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