Common use of Requirement for testing Clause in Contracts

Requirement for testing. The Re- gional Administrator may require, in a permit to construct or a permit to op- erate, that a person demonstrate com- pliance with the ‘‘General Rules for Application to Indian Reservations in EPA Region 10’’ by performing a source test and submitting the test results to the Regional Administrator. A person may also be required by the Regional Administrator, in a permit to con- struct or permit to operate, to install and operate a continuous opacity mon- itoring system (COMS) or a continuous emissions monitoring system (CEMS) to demonstrate compliance. Nothing in the ‘‘General Rules for Application to Indian Reservations in EPA Region 10’’ limits the authority of the Regional Administrator to require, in an infor- mation request pursuant to section 114 of the Act, a person to demonstrate compliance by performing source test- ing, even where the source does not have a permit to construct or a permit to operate.