[Code of Federal Regulations]
[Title 40, Volume 3]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR52.12]

[Page 12]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 52_APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
--Table of Contents
 
                      Subpart A_General Provisions
 
Sec.  52.12  Source surveillance.

    (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]