20 



shall be given to the appropriate State air pollution 

 control agency. 



(c) Penalties. 



(1) Any person who knowingly — 



(A) violates any requirement of an applicable 

 implementation plan (i) during any period of 

 Federally assumed enforcement, or (ii) more than 

 30 days after having been notified by the Admin- 

 istrator under subsection (a) (1) of this section 

 that such person is violating such requirement, or 



(B) violates or fails or refuses to comply with 

 any order issued by the Administrator under sub- 

 section (a) of this section, or 



(C) violates section 1857c-6(e) or section 

 1857c-7(c) of this title. 



shall be punished by a fine of not more than $25,000 

 per day of violation, or by imprisonment for not 

 more than one year, or by both; If the conviction is 

 for a violation committed after the first conviction 

 of such person under this paragraph, punishment 

 shall be by a fine of not more than $50,000 per day 

 of violation, or by imprisonment for not more than 

 two years, or by both. 



(2) Any person who knowingly makes any false 

 statement, representation, or certification in any 

 application, record, report, plan, or other docviment 

 filed or required to be maintained under this chapter 

 or who falsifies, tampers with, or knowingly renders 

 Inaccurate any monitoring device or method re- 

 quired to be maintained under this chapter, shall 

 upon conviction, be punished by a fine of not more 

 than $10,000, or by imprisonment for not more than 

 six months, or by both. (July 14. 1955, ch. 360, title 

 I, § 113, as added Dec. 31, 1970, Pub. L. 91-604, § 4(a). 

 34 Stat. 1686.) 



(As amended Nov. 18, 1971, Pub. L. 92-157, title in, 

 5 302(b), (c). 85 Stat. 464.) 



Amendments 



11971— Sulbsec. (b) (2). Pub. L. 92-157, { 30a(b), Inserted 

 "(A)" preceding "during" and ", or (B)" following "as- 

 sumed enforcement". 



Subsec. (c)(1)(A). Pub. L. 92-157, 1302(c), Inserted 

 "(1)" preceding "during" and ", or (11)" following "as- 

 sumed enforcement". 



§ 1857C-9. Recordkeeping, inspections, monitoring, and 

 entry. 



(a) Authority of Administrator or authorized repre- 

 sentative. 

 For the purpose (i) of developing or assisting 

 in the development of any implementation plan 

 under section 1957c-5 or section 1957c-6(d) of this 

 title any standard of performance under section 

 1857C-6 of this title, or any emission standard under 

 section 1857c-7 of this title, (ii) of determining 

 whether any person is in violation of any such 

 standard or any requirement of such a plan, or (lii) 

 carrying out section 1857h-l of this title — 



( 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) install, use, and maintain such monitoring 

 equipment or methods, (D) sample such emissions 

 (in accordance with such methods, at such loca- 

 tions, at such intervals, and in such manner as the 

 Administrator shall prescribe), and (E) provide 

 such other information as he may reasonably 

 require; and 



(2) the Administrator or his authorized repre- 

 sentative, 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 re- 

 quired 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) Enforcement procedure by State; delegation of 

 authority of Administrator to State; power of 

 Administrator unaffected. 



(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 oper- 

 ated by the United States). 



(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) of this section shall be avail- 

 able 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, re- 

 port, or information or particular portion thereof 

 confidential in accordance with the purposes of sec- 

 tion 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 chap- 

 ter or when relevant in any proceeding under this 

 chapter. (July 14, 1955, ch. 360, title I, § 114, as 

 added Dec. 31, 1970, Pub. L. 91-604, § 4(a) , 84 Stat. 

 1687.) 



§1857d. Abatement of air pollution by means of con- 

 ference procedure. 



(a) Air pollution subject to abatement. 



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) 

 of this section, shall be subject to abatement as pro- 

 vided in this section. 



(b) Conferences of air pollution agencies. 



(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 re- 

 quest refers to air pollution which is alleged to en"- 

 danger the health or welfare of persons in a State 

 other than that in which the discharge or discharges 



