40 CFR § 239.7 - Requirements for compliance monitoring authority.
---
identifier: "/us/cfr/t40/s239.7"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "40 CFR § 239.7 - Requirements for compliance monitoring authority."
title_number: 40
title_name: "Protection of Environment"
section_number: "239.7"
section_name: "Requirements for compliance monitoring authority."
chapter_name: "ENVIRONMENTAL PROTECTION AGENCY"
subchapter_number: "I"
subchapter_name: "SOLID WASTES"
part_number: "239"
part_name: "REQUIREMENTS FOR STATE PERMIT PROGRAM DETERMINATION OF ADEQUACY"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "42 U.S.C. 6912, 6945."
regulatory_source: "63 FR 57040, Oct. 23, 1998, unless otherwise noted."
cfr_part: "239"
---
# 239.7 Requirements for compliance monitoring authority.
(a) The state must have the authority to:
(1) Obtain any and all information necessary, including records and reports, from an owner or operator of a Subtitle D regulated facility, to determine whether the owner or operator is in compliance with the state requirements;
(2) Conduct monitoring or testing to ensure that owners and operators are in compliance with the state requirements; and
(3) Enter any site or premise subject to the permit program or in which records relevant to the operation of Subtitle D regulated facilities or activities are kept.
(b) A state must demonstrate that its compliance monitoring program provides for inspections adequate to determine compliance with the approved state permit program.
(c) A state must demonstrate that its compliance monitoring program provides mechanisms or processes to:
(1) Verify the accuracy of information submitted by owners or operators of Subtitle D regulated facilities;
(2) Verify the adequacy of methods (including sampling) used by owners or operators in developing that information;
(3) Produce evidence admissible in an enforcement proceeding; and
(4) Receive and ensure proper consideration of information submitted by the public.