40 C.F.R. § 52.12

Source surveillance

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(a) Each subpart identifies the plan provisions for source surveillance which are disapproved, and sets forth the Administrator's promulgation of necessary provisions for requiring sources to maintain records, make reports, and submit information.

(b) No provisions are promulgated for any disapproved State or local agency procedures for testing, inspection, investigation, or detection, but detailed critiques of such portions are provided to the State.

(c) For purposes of Federal enforcement, the following test procedures and methods shall be used, provided that for the purpose of establishing whether or not a person has violated or is in violation of any provision of the plan, nothing in this part shall preclude the use, including the exclusive use, of any credible evidence or information, relevant to whether a source would have been in compliance with applicable requirements if the appropriate performance or compliance test procedures or methods had been performed:

(1) Sources subject to plan provisions which do not specify a test procedure and sources subject to provisions promulgated by the Administrator will be tested by means of the appropriate procedures and methods prescribed in part 60 of this chapter unless otherwise specified in this part.

(2) Sources subject to approved provisions of a plan wherein a test procedure is specified will be tested by the specified procedure.

[37 FR 10846, May 31, 1972, as amended at 40 FR 26032, June 20, 1975; 62 FR 8328, Feb. 24, 1997]

Notes of Decisions

Cited in 12 cases, 1979–2009 · leading case: Sierra Club v. Tennessee Valley Authority

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Sierra Club v. Tennessee Valley Authority (2005) ca11 · cites it 3× “The Sierra Club contends that the federal credible evidence rule, 40 C.F.R. § 52.12 (c), which became effective in April 1997, authorized the use before May 20, 1999 of COMS data to prove opacity violations at the Colbert plant.”

BP Amoco Chemical Co. v. Flint Hills Resources, LLC (2009) ilnd · cites it 7× “To clarify, in 1997, the EPA adopted the federal credible evidence rule, as reflected in 40 C.F.R. § 52.12 (c), which states in its entirety: (c) For purposes of Federal enforcement, the following test procedures and methods shall be used, provided that for the purpose of…”

Donner Hanna Coke Corp. v. Costle (1979) nywd · cites it 3× “First, one of the defects in EPA’s proposed testing method alleged by Donner Hanna is that it was never adopted pursuant to rulemaking procedures, either as part of New York’s SIP or as part of EPA’s testing methods for new emission sources.”

United States v. Cinergy Corp. (2009) insd “See 40 C.F.R. § 52.12 (c). In addition, Plaintiffs assert that the appropriate penalty for the Beckjord PM violations is the statutory maximum penalty of $1.”

Blue Skies Alliance v. Texas Commission on Environmental Quality (2009) texapp “40 C.F.R. § 52.12 (b)(12). 7 For the commission to issue a permit, it must find, from the information available to the commission, that “the proposed facility for which a permit .”

Natural Resources Defense Council, Inc. v. Environmental Protection Agency (1999) cadc “See 40 C.F.R. §§ 52.12 (c); 60.11(g); 61.12(e).”

Sean Joseph Foster v. State (2004) texapp “40 C.F.R. § 52.12 (b)(12). (footnote: 7) For the commission to issue a permit, it must find, from the information available to the commission, that “the proposed facility for which a permit .”

Muhammad Saleem Jiwani v. State (2004) texapp “40 C.F.R. § 52.12 (b)(12). For the commission to issue a permit, it must find, from the information available to the commission, that “the proposed facility for which a permit .”

John Robert Whirty v. Joe Grimes and Tyran Compton (2009) texapp “13 40 C.F.R. § 52.12 (b)(12).7 For the commission to issue a permit, it must find, from the information available to the commission, that “the proposed facility for which a permit .”

Blue Skies Alliance and Texans Protecting Our Water, Environment and Natural Resources (TPOWER) and Enviornmental Defens (2009) texapp “40 C.F.R. § 52.12 (b)(12). For the commission to issue a permit, it must find, from the information available to the commission, that “the proposed facility for which a permit .”

Blue Skies Alliance and Texans Protecting Our Water, Environment and Natural Resources (TPOWER) and Enviornmental Defens (2009) texapp “40 C.F.R. § 52.12 (b)(12). (footnote: 7) For the commission to issue a permit, it must find, from the information available to the commission, that “the proposed facility for which a permit .”

Blue Skies Alliance and Texans Protecting Our Water, Environment and Natural Resources (TPOWER) and Enviornmental Defens (2009) texapp “40 C.F.R. § 52.12 (b)(12). (footnote: 6) For the commission to issue a permit, it must find, from the information available to the commission, that “the proposed facility for which a permit .”

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