Credible evidence. For the purposes of submitting compliance certifi- cations or establishing whether or not a person has violated or is in violation of any requirement, nothing in the ‘‘General Rules for Application to In- dian Reservations in EPA Region 10’’ precludes the use, including the exclu- sive use, of any credible evidence or in- formation relevant to whether a source would have been in compliance with applicable requirements if the appro- priate performance or compliance test had been performed.
Credible evidence. For the purposes of submitting reports or establishing whether or not an owner or operator of an oil and natural gas production facil- ity has violated or is in violation of any requirement, nothing in the ‘‘Fed- eral Implementation Plan for Oil and Natural Gas Production Facilities, Fort Berthold Indian Reservation (Mandan, Hidatsa and Arikara Na- tions)’’ shall preclude the use, includ- ing the exclusive use, of any credible evidence or information, relevant to whether a facility would have been in compliance with applicable require- ments if the appropriate performance or compliance test had been performed. [77 FR 48893, Aug. 15, 2012] § 49.143 Construction and operational control measures.
Credible evidence. For the purpose of submitting compliance certifications or establishing whether or not the Permittee has violated or is in violation of any provision of this PSD Permit, the methods used in this PSD Permit shall be used, as applicable. However, nothing in this PSD Permit shall preclude the use, including the exclusive use, of any credible evidence or information, relevant to whether the Permittee would have been in compliance with applicable requirements if the appropriate performance or compliance test procedures or methods had been performed.
Credible evidence. Nothing in this permit shall alter or affect the ability of any person to establish compliance with, or a violation of, any applicable requirement through the use of credible evidence to the extent authorized by law. Nothing in this permit shall be construed to waive any defenses otherwise available to the permittee, including but not limited to, any challenge to the Credible Evidence Rule (see 62 Fed. Reg. 8314, Feb. 24, 1997), in the context of any future proceeding. [Re: 40 CFR 52.12(c)]
