Clean Air.
  $  $  $

         system of opportunity for citizen
participation in Federal environmental decisions
is providing de facto what has been termed 'the
most advanced environmental ombudsman system
in  the world'. It is up to the citizens to avail
themselves of these constructive opportunities."
                  William D.  Ruckelshaus

Clean Air.
       MARCH 1973
     WASHINGTON, D.C. 20460

Where We Are in Air Pollution Control	  1
What You Can Do	  3
     • Get  Informed  • Fight  for  Funds • Know the Law
     • Use  the  State  Plan  • Check  Source  Compliance
     Schedules • Understand Transportation Controls  • Other
Know The Deadlines and Exceptions	10
Your Legal Rights	12
Telling Your Story	13

               • On  the Air  • Public Hearings
Summing Up	16
Appendix A—National Air  Quality  Standards
Appendix B—Sample  Source Compliance Schedule
Appendix C—Public Information
Appendix D—Prior Notice of Citizen Suits
Appendix E—State  Air Pollution Control Agencies
Appendix F—Bibliography
Appendix G—EPA Regional Offices

                  Where we  are
                  in  air  pollution  control
'T he countdown for  cleaner  air is
    under  way.  The  1970 amendments
to the Clean Air  Act broadened  and
accelerated the  Nation's earlier air  pol-
lution control program. The law estab-
lished a new strategy for air pollution
control and established new timetables
for action.
   The law  reaffirmed that  State  and
local governments have the primary re-
sponsibility to control air pollution.  The
1970  amendments also laid the founda-
tion for  a cooperative  Federal-State
program  and strengthened the Federal
government's role in  air pollution con-
   The first phase of the countdown
began  on  April  30,  1971,  when  the
U.S. Environmental Protection Agency
(EPA) established national ambient air
quality standards for  the six most com-
mon air pollutants—sulfur oxides, parti-
culates, carbon  monoxide, photochemi-
cal oxidants, hydrocarbons and nitrogen
oxides. (See Appendix A.)
   The law required each State to hold
public hearings  to adopt an "implemen-
tation  plan"  to meet the  air  quality
standards  and to submit that plan to
EPA for review and approval.
   EPA was required  to either approve
the State plan, or send it back for  im-
provement. EPA completed  its  review
on schedule and, on May 31,  1972,  ap-
proved the first of the State plans that
met Federal requirements.
   Thus began phase  two of action for
clean  air  under  the 1970   law.  The
States now have until mid-1975  (1977
under  certain  circumstances) to meet
the first of "primary" air quality stand-
ards that  establish how clean the  air
must  be to safeguard  human health.
Within a "reasonable time" after 1975,
the States must meet "secondary" stand-
ards, which are usually more stringent
than primary  standards and establish
how clean  the air must be to prevent
damage to  clothes, buildings, metals,
vegetation, animals, etc.
   (EPA continues to study  the effects
of air  pollutants on public health and
welfare, and is authorized  to revise  na-
tional ambient air quality standards and
to issue standards for other  pollutants.
If a revised or new standard  is  issued,
the  entire  process—public   hearings,
adoption of implementation plans, EPA
review and enforcement—must be  un-
dertaken anew.)
  Each State implementation plan  de-
tails the actions the State is already tak-
ing, or intends to take, within the dead-
lines set by both the Clean  Air Act and
EPA regulations.  Each  implementation
plan is, in effect, a commitment  by  the
State to the public that it will do  what-
ever is necessary to achieve cleaner  air,
as required by Federal law, within spec-
ified time periods.
  The  public's  stake in this commit-
ment is enormous, for  air pollution is
the  single greatest environmental threat
to public health and well-being.
  Recognizing this,  literally  thousands
of citizens  participated  in the  public
hearings held by the States before they
adopted their implementation plans.  In

addition, thousands of citizens, individ-
ually and more often through voluntary
civic organizations, have  taken  part  in
hearings, meetings, workshops, educa-
tional  and  even political activities  to
broaden  public  understanding  of  air
pollution and to stimulate  government
and industry action for cleaner air. In-
deed,  citizen concern  and citizen action
helped generate  the new air pollution
control laws, both Federal  and State,
that now must be carried out.
  Citizen  organizations  working  for
cleaner air have served notice that they
intend to accept the invitation of Con-
gress  to  participate in the implementa-
tion of these laws.
  EPA encourages this citizen partici-
pation. Law enforcement   cannot  be
effective  without citizen support, coop-
eration and involvement. This is  espe-
cially   true  in pollution  control, which
often  requires changes  in attitudes and
values  in order to change the pattern of
pollution and business as usual. Organ-
ized  citizen groups,  with their  healthy
skepticism,   have demonstrated  their
great capacity to focus public attention
on what must  be done to combat air
pollution, and to prod and stir  govern-
ment and industry to action.
  As the  Federal agency charged  by
law  with enforcement of the Clean Air
Act, EPA welcomes citizen support and
prodding. And to make this process as
productive   as   possible—to   produce
cleaner  air  on  schedule—EPA  offers
these guidelines  for  responsible citizen
  Designed  for  groups already organ-
ized and active in pursuit of cleaner air,
this  booklet assumes  that  a  citizen
group or coalition already has some ex-
perience and sophistication in air pollu-
tion control. Some groups may  find this
too  elementary;  some,  not elementary
enough. For groups  or individuals not
yet  involved in  air  pollution  control,
suggestions  on  how  to organize   and
how to get  involved are  found in the
publications listed in Appendix  F.
  But whether  novice or veteran,  citi-
zen  groups are vital cogs in the  enforce-
ment machinery now in motion to pro-
duce cleaner air.

                    What  you  can  do
f~^ oncerned citizen organizations can
    undertake  three  basic  missions  in
the enforcement of the Clean  Air Act:
   1. They can  see that State and local
air pollution control  agencies have ade-
quate funds, staff and legal authority  to
carry out  the  State's  implementation
   2.  They  can  support  the control
agencies  and encourage and  stimulate
polluters to  move steadily and speedily
toward  compliance  with  requirements
of the implementation plan.
   3. They  can  keep  the  public  in-
formed, on  a continuing  basis,  of the
progress  of  the pollution control pro-
   Responsible,  informed citizen  groups
are uniquely qualified to carry  out these
missions. Independent of  both govern-
ment and industry, they can objectively
evaluate the performance of both. They
can  focus public attention on what  is
and what is  not  being done.  And be-
cause they  reflect  and  articulate the
public's  desire for cleaner air, they at-
tract press attention.
   A dedicated  citizen group  or  coali-
tion thus is a potent force for action.
   Assume now that  you are a member
of  a  citizens' organization  seeking  to
clean up the air in  your  community.
What should your  group do  to  carry
out the missions listed earlier?

         Get informed

   First,  your group needs certain basic
information.  If  you  haven't  already
done  so,  secure  the  following   docu-
ments and  become thoroughly familiar
with them:
  •  Your State's approved implementa-
tion  plan. (Available from the State or
local control agency.)
  •  EPA's  comments  on  the  plan.
(Available  from  your State or  local
control agency or EPA.)
  •  The text of the  Clean Air Act of
1970. (Available from EPA.)
  •  The texts of  your State and local
air pollution  control laws and  regula-
tions. (Available from the control agen-
  •  An inventory of major  sources of
air   pollution  in   your  community.
(Available  from  the  State or  local
agency.  Access to. this data may require
special computer runs.)
  •  EPA's requirements for implemen-
tation plans as published in the Federal
Register, August 14,  1971, and revised
on October 23 and December 30, 1971,
December  9, 1972,   January 12,  1973
and subsequently. (Available from EPA.)
  If it hasn't already done so, your citi-
zen  group  should establish good work-
ing relationships with the director and
staff  of the State   and  local  control
agency.  (Many  States have delegated
authority  for  air pollution  control to
local governments,   but  the State  re-
mains responsible under  the Clean Air
Act  for assuring that appropriate action
is taken.) State and  local control agen-
cies  are the prime sources  of  informa-
tion  on local control problems. Citizen
groups need their help and cooperation

and, in turn, the agencies need the sup-
port and cooperation of these groups.
  Your group should  know  the  status
of air pollution control in your commu-
nity. What has been done to remedy air
pollution problems? What remains to be
done?  What  emission  reductions  are
needed to meet  national  ambient air
quality  standards?  This  information
should be available from your State and
local control agency, for they either had
such  information  or  assembled  it  in
order to  prepare  the  implementation
plan submitted to EPA.
  With this  background  information,
your group is ready to begin.
        Fight for funds

  How much money and staff do your
State and local control agencies have to
work  with?  How much do  they need?
The  control  agency  itself is  the  best
source  for  this  information  and  is
usually happy to provide it. In fact, the
State implementation plan submitted to
EPA spells out the  resources  available
to the  State and  local  agencies.  The
plan also  lists the additional resources
the agencies need  over the next  five
years  and how much  the agencies ex-
pect to receive.  EPA's comments on the
State plan may contain useful informa-
tion on budget needs.
  One  of your  group's fundamental
missions should be to see that the State
and local governments provide adequate
funds  and staff to  enable the control
agencies to  do their jobs. This means
making sure that appropriations for the
agencies get high priority in your State
legislature and  in  your city  or  county
council. This means making sure  that
you learn whether your Governor  and
local  government executive  release ap-
propriated funds for the agencies. This
means  making  sure  that  your State
complies with Federal requirements so
that it can get its full share of money
that Congress  provides to  help State
and local control agencies.
   This also  means  making sure  that
your  control agencies  establish salary
levels  high enough to attract and  keep
qualified personnel. (One citizen  group
sparked a study of its  agency's  salary
scale, found it was below national aver-
ages  and campaigned  successfully  to
upgrade salaries.)
  Your citizen group should use every
possible technique to assure that  public
officials at all levels of government pro-
vide adequate funds and staff for con-
trol agencies. The best-written laws and
regulations  are  useless  if  money and
staff are not available to enforce them.
And  enforcement is  the  name  of the
         Know the law
  The EPA-approved  State implemen-
tation  plan  specifies  the  legal  powers
the State has to enforce the plan. EPA's
comments on the plan  may suggest cer-
tain changes and improvements in State
laws.  Your  citizen  group  should know
what's expected  and  what  changes,  if
any, need to be enacted by your State
  In  brief,  State  law  must  give  your
State  agency authority  to:
   1. Adopt  emission standards and lim-
itations and any other measures neces-
sary  to  attain  and maintain  national
ambient air  quality standards.
  2.  Enforce  applicable  laws,  regula-
tions  and  standards  and  seek  injunc-
tions, if necessary, to do so.
  3. Take emergency  action to prevent
substantial  endangerment to health  in
the event of an air pollution episode.
  4.  Prohibit  the construction,  modifi-
cation or operation of any stationary
source of air  pollution if  its emissions
will prevent national  air quality stand-
ards  from  being achieved and  main-
  5.  Obtain all  information necessary
to determine if air pollution sources are
in  compliance  with  laws, regulations
and standards. This includes requiring
polluters to keep  certain  records  and
empowering the State  agency to inspect
and test pollution sources.
  6.  Require  factories,  power  plants
and other stationary sources of air pol-

lution  to  monitor their emissions and
report  the nature and amounts of emis-
sions  to the  State  agency.  The State
agency must  be empowered to  make
this monitoring information available to
the public.
   In addition, if a State's plan for con-
trolling air pollution includes inspecting
and testing motor vehicles,  other trans-
portation  control measures  or land-use
controls, and  if the  State agency is not
yet empowered  to do these things, the
implementation  plan must spell out the
State's timetable for enactment of these
   Your citizen  group should be  as fa-
miliar  with these State laws as are the
control agency  and polluters. Without
           If all else fails

         hile the Clean Air Act gives
    States the main responsibility
    for bringing the air we breathe
    to healthful and safe levels,
    the Act also provides that EPA
    may  take action if the States
    do not. For example:
      EPA may, after a 30-day
    notice, issue an administrative
    order or take civil action against
    anyone violating the require-
    ments of an implementation
    plan.  Criminal  penalties for
    knowing violations range up to
    $25,000 a day and one  year
    in  prison for the first offense,
    and up to $50,000 a day  and
    two years in prison  for
    subsequent violations.
      EPA  may enforce all or  part
    of a State plan if a State is not
    willing or able to do so.
      And EPA may  seek
    emergency  court  action to  stop
    pollution if an air pollution
    episode threatens  "imminent
    and substantial  endangerment"
    to public health.
this  knowledge, you  cannot determine
what can be done, what must  be done
and  what new laws may be needed to
improve  air pollution control.
  You should also be familiar  with the
administrative procedures used  by State
and  local  control  agencies to enforce
regulations.   Streamlined   procedures,
with  an  adequate  legal staff,  can en-
hance the  effectiveness  of the pollution
control program.
  In brief, your objective should be to
see that  your control agency has ade-
quate legal powers and manpower—and
uses them.
       Use the state plan

   Your State's  approach  to  air pollu-
 tion control can take several forms, de-
 pending on  specific  problems in your
 area. Your group should be thoroughly
 acquainted with  your  State's  control
 strategy. It's detailed  in the State imple-
 mentation plan  approved by EPA, and
 it's discussed by EPA in its comments
 on your State's  plan. Your State's  con-
 trol  strategy must  provide whatever
 emission reductions are necessary to re-
 duce air pollution to the safe levels es-
 tablished by  EPA in the  national air
 quality standards. For instance:
   The State plan may call for changes
 in industrial processes. It may regulate
 the siting  of new factories. It may  limit
 the use of certain fuels. It  may involve
 tax incentives to  encourage pollution
 control.  It  may  call  for  eliminating
 what  economists  call  "disincentives,"
 such as  tax laws that discourage pollu-
 tion control. It may  involve changes in
 traffic flow,  banning automobiles from
 certain sections and encouraging greater
 use of mass  transit  instead of private
   But in most areas,  a key  air pollution
 control strategy will be direct limits on
 emissions from specific sources of pollu-
 tion.  And the heart  of  this strategy is
 the compliance schedule that your State
 is required to negotiate with each major
 polluter  covering the six air  pollutants
 for which national ambient air quality
 standards have been established.

  Check source compliance
  A source compliance schedule negoti-
ated by your control agency with a pol-
luter is, in essence,  a contract or agree-
ment between  the polluter and the pub-
lic.  It  commits the  polluter to  reduce
emissions  over a  specified period  of
  Each compliance  schedule that allows
more than one year for final implemen-
tation must  provide  legally  enforceable
"increments of  progress"—steps  that
will  be taken  to insure compliance  by
the  final  deadline. Typically, a compli-
ance schedule  should contain:
  •  A deadline date for the polluter to
submit a final  air pollution control plan
to the control  agency.
  •  A date  or dates for the polluter to
sign contracts  for the purchase of emis-
sion control systems or process  modifi-
  •  A date or dates for the beginning
of on-site construction  or installation.
  •  A date for the completion of  the
new construction or process modifica-
  •  A' date for final compliance. (One
kind of compliance schedule is shown
in Appendix B, but some  States  may
use a different  format.)
  Some control agencies  have  already
negotiated source compliance schedules
with polluters. Those  that have  not,
must do so and submit them to EPA for
  When  approved  by  EPA, a source
compliance  schedule becomes  part  of
the   State's  implementation plan  for
meeting the national air quality stand-
  Under EPA regulations, each  State is
required to hold a public hearing before
adopting  a compliance  schedule and
submitting it to EPA. The State is also
required to give1 at least 30 days' public
notice  of the  hearing and  to make  the
proposed compliance schedule available
for public  evaluation and comment in
adequate time  for the public hearing.
  Your group should urge your control
agency, to negotiate the required com-
pliance schedules as quickly as possible.
Use  your influence  to see that com-
pliance  schedules  require  speedy  but
reasonable progress toward the ultimate
goal   of   reducing  emissions  so  that
standards are met.
  All available  information   from  the
control agency and the polluter—except
for trade  secrets—should  be  subject to
public scrutiny. Is  the  best  available
technology being used to  abate pollu-
tion? Will it be installed  fast enough?
And will  it meet emission standards? Is
the compliance schedule clear-cut with
firm  deadlines for action?
  The public should have access to this
information.  The public  has  a right to
influence  agreements  reached by  the
control agency and polluters.  If a pollu-
ter is being recalcitrant, let the public
know.   Public   opinion   can   help
strengthen the control agency's negotiat-
ing position. It is  the public, after all,
that  bears the cost of air  pollution  and
its control.
  Your group should  obtain  and study
    \Jne question  that's often
    raised and often confused is the
    difference  between an air
    quality standard and an emission
    limitation or standard. As
    source compliance schedules
    and other  control methods  are
    put  into effect,  it's important
    to understand the difference.
      An ambient air quality
    standard is a limit on the amount
    of a given pollutant permitted
    in the air around  us.
      An emission  standard or
    limitation is the maximum
    amount of the pollutant that
    may be  discharged from a
    specific source.
      Thus,  emission standards or
    limitations in source compliance
    schedules are used to achieve
    national ambient air quality

each  proposed  compliance  schedule
prior to the public hearing. If you deem
it adequate, you may want to prepare
comments  supporting  it.  If,  in your
opinion,  it  is  inadequate, you  should
recommend changes and improvements.
And if  you wish  to  participate  in the
public  hearing,  your group should  in-
form the control agency in advance that
you  plan to testify. Some States require
that you request permission to testify or
at least notify the agency in advance, so
it can  plan the agenda, reserve  an ap-
propriate meeting  room,  etc.  In  any
event, your group should give notice of
your intention to participate as a matter
of courtesy  and cooperation  with the
control agency.
  Subject  to  EPA  approval,  a State
may use its own procedures to meet the
public  hearing  requirements   of  the
Clean Air Act. States may use a "public
meeting" when feasible and appropriate
instead  of  a  more formal  "public hear-
ing" which in some States  is rigidly and
legally defined.  But whether at a "pub-
lic hearing" or a "public meeting'', citi-
zens  must  be  allowed to participate,
must be  given  adequate advance notice
and must  have advance  access  to the
proposal to be considered.
   (Incidentally, your  group  may ask
that the control agency's  public hear-
ings be scheduled for evenings or week-
ends to permit maximum citizen partici-
pation. Schedule your own meetings on
evenings or weekends for the same rea-
  Once  negotiated,   signed  and  ap-
proved  by EPA, compliance  schedules
become  yardsticks  to  measure  actual
progress toward cleaner air. Your group
should know the deadlines in the com-
pliance  schedules  and  check  to see  if
those deadlines are  met. Your group
should report to the public periodically
on  this,  with praise  for  progress and
criticism for failure.
  Except  under   certain conditions,
EPA requirements  prohibit  a  control
agency  from granting  any variance or
exception to a compliance schedule if it
would  prevent or  interfere with attain-
ing and maintaining a national air qual-
ity standard within the  time specified in
the implementation plan. If a proposed
change  in a  compliance  schedule  is
likely  to  prevent  the  polluter from
achieving  compliance by the final dead-
line, the  control agency  must  hold  a
public  hearing.  And  once again,  the
control  agency must give adequate no-
tice  of  the  hearing and  the  proposed
  Your group should arrange  to be no-
tified in advance of all public hearings
held by your  control  agency,  should
routinely  monitor those hearings,  and
when necessary, should participate.
   Because a compliance schedule be-
comes  part of a State's implementation
plan, any variance or change must be
approved  by EPA. In fact, any revision
in any part of the implementation plan
must be approved by EPA.
   A State itself may want to revise its
implementation  plan as it gains  experi-
ence with it, of  course. But your group
should keep in mind that EPA requires
that State plans be revised under certain
conditions. For  example:  if  EPA re-
vises a national air quality standard, the
States  must revise  their plans  accord-
ingly. If better methods of attaining na-
tional  standards  are  developed,  the
States may be  required  to revise  their
plans to take  account of these  new or
improved methods.  And  if EPA  finds
that a  State plan is substantially inade-
quate to  attain  or  maintain  a national
standard,  the State must revise and im-
prove its plan.
   Keep in mind, too,  that before mak-
ing any revision in their implementation
plans,  the States  are  required  by the
Clean Air Act to give  public notice and
hold public hearings, as they did before
adopting their original plans.
   The number of compliance schedules
negotiated by each State will depend on
the number of major  sources of pollu-
tion. If there  are many  in your  area,
your group—unless it is large enough  to
oversee all or  most of them— should
focus on  those that will do the  most  to
assure  that national standards are  met
on time.  A good  guide  to  the major
pollution  sources in your community is
the  emission inventory  available  from
your control agency. The Control agency

can advise your group on which major
sources need the most attention.
   EPA  requires  that  a  compliance
schedule  designed to  meet  a primary
standard  must do so  "as expeditiously
as practicable,'' but not later than three
years after  it's approved by  EPA. Cer-
tain exceptions are permitted; these  are
discussed on Pages 10—11.
 Understand  transportation

   The   Federal-State   campaign   for
cleaner air includes controlling air pol-
lution from  motor vehicles.  This  in-
volves two approaches.
   First,  the  Clean  Air Act requires
manufacturers to reduce emissions from
new cars and trucks to prescribed low
levels  by  1975  and  1976.  In  some
densely  populated metropolitan areas,
with heavy concentrations of motor ve-
hicles  and  chronic  traffic  congestion,
however, motor vehicles will still cause
a  serious  air pollution problem even
when  car  and   truck  emissions   are
brought  down to Federal standards.
   In  these areas,  a second approach—
transportation controls—will be needed
to reduce air pollution  from motor ve-
hicles. Such  controls could  include:
   • Reducing the total  number of cars
on streets and highways  by banning
street  parking, increasing  parking fees,
graduating parking fees and tolls  ac-
cording  to  the number  of  passengers
per vehicle and other incentives  to car-
   • Speeding traffic flow by converting
some  streets and  highways  to one-way
roads, setting up express lanes for com-
 muter  buses and staggering working
hours to curb rush-hour traffic volume.
   • Improving  public transportation by
upgrading present systems or develop-
 ing new mass-transit facilities.
   • Requiring emission control devices
 on older cars.
   • Testing  and inspecting motor vehi-
 cles to make sure emission  control de-
 vices  are operating properly, and  pro-
 hibiting the  use  of vehicles that  fail
 such tests.
  • Requiring  fleets  of taxis,  buses,
trucks, government cars, etc., to convert
to less  polluting  gaseous fuel  systems
(liquefied petroleum gas, liquefied natu-
ral gas, etc.)
  • Using land-use  controls to govern
the  location of new highways,  parking
areas  and  developments likely  to  con-
tribute to dense traffic, with considera-
tion of community air quality built into
those  decisions.
  Approximately  34 heavily populated
metropolitan  regions in 18  States are
considering transportation  controls to
achieve the national air quality stand-
  Citizen  groups   in  regions  where
transportation  controls  are  required
should  become familiar with their con-
trol agency's proposals, should take part
in public  hearings  on those proposals
and  should help muster public under-
standing and support for adequate con-
trol plans  so they can be implemented
on schedule.
  Citizen groups should also obtain the
results  of transportation  studies  that
EPA  is  conducting  in  several cities  in
cooperation with State and local control

           Other tools

  The State's implementation plan con-
tains  other aids that your group can use
to see how the  plan is being enforced.
For example:
  EPA requires  a State agency to sub-
mit quarterly reports on air quality and
semiannual reports  on  progress under
the implementation  plan. These reports
will provide  a measure of progress to-
ward cleaner air. They must  be made
available to the public. Your citizen or-
ganization could obtain them, evaluate
them and  help make the public aware
of the information they contain.
  EPA requires  a State agency to ob-
tain  from  polluters whatever  informa-
tion  is  necessary to determine if they
are in compliance. The State agency is
required to inspect  and test  pollution
sources. It must also require  polluters
to monitor and report on their  own
emissions.  This  information must also

be made public in understandable form.
That is, emission data must show actual
or  estimated  emissions  vs.  allowable
  EPA also requires the State  agency
to have an air quality monitoring  sys-
tem for emergency episodes;  it must be
in  operation  no later  than one year
after  the  implementation  plan  is  ap-
proved. The  State  agency  must  also
have  a  broader monitoring system  in
operation no later than two years after
approval of the implementation plan.
  Your group can check to see if those
monitoring systems are adequate and in
operation on schedule. Monitoring data
must be made available to the public, so
you can  also check to see if the air in
your  community  is   indeed  getting

                 Know  the deadlines
                 and  exceptions
T he Clean Air Act of  1970 contains
   deadlines  for  action  to  achieve
cleaner air. However, the law permits
certain extensions and postponements.
For example:
  Primary Standards—The law requires
a State  to  meet national primary air
quality standards "as expeditiously as
practicable," but  no later than three
years after  an  implementation  plan
is  approved. However, the law allows
a Governor, at  the time  the State sub-
mits its implementation plan, to request
an extension to  five years for  heavily
polluted  areas.  EPA is  authorized to
grant this extension if the State shows
that  one  or more pollution sources  will
be unable to comply within three years
because necessary control technology is
not available. But the State must meet
the primary standards within five years.
  Secondary Standards—The Clean Air
Act  requires a  State to  meet second-
ary  standards  within   a  "reasonable
time"  after  implementation  plan  ap-
proval.  For controlling  sulfur oxides
and  particulates,  "reasonable  time" is
defined  as not longer than three years
unless there's good cause for postpone-
ment. And if good cause  is shown, or if
reasonably available control technology
will  not  permit the secondary  standard
to be  reached,  "reasonable time"  will
depend  on the  degree of emission re-
duction needed  to achieve the  standard
and  the  social,  economic and technical
problems involved in doing so.
   (Note: EPA  granted  several States
two-year extensions  to  meet  primary
standards for some pollutants, and 18-
month  extensions  to meet  secondary
standards for some pollutants.  The ex-
tensions were subsequently challenged
in Federal  Court  by the  Natural  Re-
sources  Defense Council. Final court
decision was still pending as this publi-
cation was printed  in early 1973. Check
your control agency, or EPA. to find out
        Need information?

    \V hat's the status of the
   implementation plan to reduce
   air pollution in your community?
   What can be  done  to assure
   its effectiveness? What can you
   do to assure its success?
     State and local air pollution
   control agencies are the prime
   sources of  this and other
   information. For a  list of
   State control agencies see
   Appendix E.
     Additional  information is
   available from the  U.S.
   Environmental Protection
   Agency. Specialists  in public
   affairs and  in air pollution
   programs can be contacted at
   EPA  regional offices (see
   Appendix G). Inquiries can also
   be directed  to EPA's Office
   of Public Affairs, Washington,
   D.C. 20460.

if your State was given an extension and
to find out the effect  of the court chal-
lenge on the  status  of the extension.)
  Source  Compliance—The Clean Air
Act also allows a Governor to ask EPA
for a one-year postponement in  apply-
ing its  control  strategy to a specific
source. EPA must grant the extension if
it determines:
  • that "good faith" efforts have been
made to comply with the original plan,
  • that  the  particular   source  for
which the extension is sought is unable
to comply because the "necessary tech-
nology" or  alternative control methods
are not  available,
  •  that the State will use other  means
to reduce the impact on public  health
of emissions from the source, and
  •  that  continued  operation  of the
pollution source is essential to "national
security" or to public health or welfare.
   EPA will hold a  public hearing on
any  request for  a one-year  postpone-
ment, but not earlier than  one year be-
fore  the originally scheduled  date  for
compliance. EPA's decision on any re-
quest for a one-year postponement may
be appealed in Federal court "by  any
interested person."
   (A one-year postponement on source
compliance differs from a variance. A
variance is usually requested by a pollu-
ter. A postponement must be requested
by a Governor—in effect, on behalf of
a polluter.)
   Your  citizen  group  should  make
every effort to learn if your State in-
tends to seek one-year postponement of
compliance for any polluter. Obtain all
available  information and  determine if
a  postponement is justified. Seek clear
definitions of such  terms  as  "good
faith " and "necessary technology."
   If you think a postponement  is not
justified,  explain  why. If  the  agency
nevertheless  seeks the  postponement,
present your case to  the Governor; he
must sign the  request  for postponement.
And if the request is submitted to EPA,
your group should take part in the pub-
lic hearing that EPA  will hold. And, of
course, EPA's decision can be appealed
to the courts.

                 Your  legal  rights
T"1 he Clean  Air Act makes  several
    legal tools available to citizens. As
already noted,  any  interested  person
can go to  court to challenge  a source
compliance  postponement granted by
EPA.  Also, EPA  and State and  local
control agencies must make information
on air quality and emissions available to
the public.  (See Appendix C.)
   In  addition,  the 1970  law gives any
"person" the right to bring  a  civil suit
against any other "person" violating an
emission standard or  limitation  under
the Act,  or an EPA or State  order is-
sued  under the Act. A "person" is de-
fined   as "an  individual,  corporation,
partnership, association,  State, munici-
pality and  political subdivision  of  a
   The Act also gives individuals the
right  to file suit against  the EPA Ad-
ministrator  if  he fails to  perform  a
mandatory act required by law.
   By giving citizens this broad right to
sue,  the   Clean Air  Act  provides  a
weapon of last resort to  compel action
toward cleaner air.   There  are  some
conditions  on this right, however:
   •  Anyone  intending  to  bring suit
under the Act must give 60  days' notice
to the EPA Administrator, to the State
in which  the  alleged  violation occurs
and to the alleged polluter. If a  viola-
tion  of a hazardous pollutant standard
or enforcement order  issued by EPA is
alleged, the suit may be brought imme-
diately after giving notice, without wait-
ing 60 days. (See Appendix D.)
   •  Citizens cannot file  suit if EPA or
the State "has commenced  and is dili-
gently  prosecuting   a  civil   action"
against  a violator  to require compli-
ance. However, anyone  may  intervene
in such  a  Federal  or State  suit.  And
EPA may intervene in any suit brought
by citizens or a State.
  The Clean Air Act authorizes a court
to award the costs of litigation, "includ-
ing reasonable attorney and expert wit-
ness fees," to any party in a suit, as the
court thinks appropriate. And a court
may  require the person  filing  suit  to
post a bond.
  Citizens  have long had  the right  to
file suit under nuisance  laws  for dam-
ages to health and property caused by a
polluter.  That right  is not taken away
by  the Clean  Air Act.  What the Act
does  is extend  the  legal rights  of citi-
zens by giving them the additional right
to sue a polluter for violating  a compli-
ance  schedule,  to sue a State or local
control agency for failing to enforce  its
regulations and to sue EPA.
  The possibility of  a citizen suit can
stimulate polluters and governments to
comply with control laws and regulations.
  Two other Federal laws also offer cit-
izens legal  tools that  can be helpful  in
campaigns for cleaner air. They are the
National Environmental  Policy  Act  of
1969 and the Freedom of Information
Act of 1966. Some  States have enacted
similar legislation.
  A note of caution, however, for citi-
zen  groups that believe they have  no
alternative  but to take court action:  do
so only with competent legal assistance.
Consult  lawyers  in  your organization
or nearest public-interest law  group.

                 Telling  your story
 A wide range of educational techniques
•^  can be used by  citizen  groups to
spur enforcement of State  implementa-
tion plans for cleaner air. These include
newsletters,  press  releases, newspaper
ads,  workshops, seminars,  testifying at
public hearings held by control agencies
and legislative bodies, sending speakers
to appear before other organizations and
writing  letters to the press and public
officials.  (These and  other techniques
are  discussed  at greater length  in an-
other EPA publication, "Don't Leave It
All  To The Experts.")
  Indeed, the success achieved by many
responsible citizen organizations  in get-
ting  their story before the  public dem-
onstrates that most need little guidance
on how to communicate. Many use the
talents and  skills of members who are
experienced public  relations practition-
ers. Many groups have long maintained
good relations  with the press in  their
communities, and there is no need here
to emphasize how this is done.

            On the air
  One  avenue  of  communication not
widely used by citizen  organizations  is
the broadcast  media—radio and televi-
sion. They should be used, for they offer
citizen organizations powerful forms of
public communication on the success or
the failure of  a State's  implementation
  Commercial  radio and television sta-
tions are required by the Federal Com-
munications Commission to make avail-
able to community organizations  and
causes a certain amount of  "public serv-
ice  time." Your group  should  explore
the  availability of public  service time.
  Public radio and  television  stations
also should  be contacted.  They devote
considerable  time  to community  pro-
grams, and often seek to present public
discussion of community problems.
  The progress of your State's imple-
mentation plan to achieve cleaner air in
your community may well be a subject
public radio or television would like to
cover, perhaps as  a  monthly report to
the public.
  Still another resource that should not
be  overlooked is the college and univ-
ersity radio  station.  Student broadcast-
ers  quite often are sympathetic  to envi-
ronmental improvement.
  Fine, you might say, but how  does
your  group  get on radio or television?
Try the direct approach. Visit the man-
ager or program  director of the com-
mercial,  public and  college radio  and
television stations  in your community
and ask them for broadcast time.
  If the  answer is  yes, what do  you do?
How do  you put together a  suitable
show? The  station program staff  will
help, of course,  but you  might  keep
these guidelines in mind:
   1. The program should have a  clear
objective: to inform  the public  on how
the State's implementation plan  is work-
ing, and to  stimulate action for cleaner
air. People know air  pollution is a prob-
lem and that there are pollution control
laws; they are interested in action. So is
your group; that's  why it exists. So zero
in  on specifics.
   Are major polluters in your  commu-

nity meeting the deadlines called for in
source compliance schedules? Does the
control agency have adequate funds and
staff?  Are all  aspects  of the  control
strategy working? Are polluters  cooper-
ating? What problems are not yet being
tackled?  When  can  the  public expect
the  air   in  your  community  to  be
   Tell it like it is,  the good and the
bad. Use the State implementation plan
as a checklist against which to measure
   2. The program should be a balanced
presentation of the problem. Your orga-
nization  might "host" the broadcast, but
include  spokesmen   for  the  control
agency and for polluters.
   3.  The program should give  the lis-
tening or  viewing public  a  chance to
participate. This can be done by provid-
ing time  for questions  from  the  audi-
ence, if there is one, or by having peo-
ple phone in and ask questions.
   4. The program should be as concise
and entertaining as possible. Avoid long
speeches,  monologues  and   lectures.
Avoid formal debates.
   5.  The  program  should move at  a
brisk  pace. A  30-minute presentation is
most  desirable.
   6. The program should suggest spe-
cific  things people can  do to  help.  For
instance:   A telephone  number  to  call
(your group's or the  control agency's or
both)  to  report a suspected air pollu-
tion violation; tips on how to conserve
electricity, thereby  helping  to  reduce
power plant pollution;  time  and place
of important public  hearings to attend;
names and addresses of public  officials
to write  to on  pending decisions, bills,
appropriations, etc., related to air pollu-
tion control; information on what to do
in the event of an  air pollution episode.
   7. While you might consider the pro-
gram  "your  show,"  the  broadcasting
station is responsible for what  goes on
the air.  Make suggestions,  of  course,
but respect the rights and responsibilities
and  the  professional experience of the
station's  staff.
   8. A television program needs visual
material. Try  to  include films  and still
photographs  in  order  to   reach the
viewer through his eyes and ears.
  9. The program should relate air pol-
lution to people. Without scaring people
into a sense of  futility and hopelessness,
present the effects  of  air pollution on
health  to  dramatize the importance of
action  for cleaner air.
   10. The program should  be  credible.
Participants should  know what they're
talking about. If someone doesn't  know
the answer to a question,  he or she
should  say so—and get it for  the next
   11.  The program should be broad-
ened to include other environmental is-
sues, if your group is equipped to  do it.
Try to  talk a  station into periodic cov-
erage  to discuss water pollution,  solid
waste  disposal, noise,  radiation,  pesti-
cides,  recreation, open space,  transpor-
tation,  land-use  planning and zoning,
wildlife, population control, water sup-
ply—these, along with air pollution, are
parts of the total condition of  the envi-
ronment in your community.
   Some radio  and  television  stations
may prefer a  periodic appraisal  of the
community's  environment,  a  sort  of
monthly reading of the  environmental
quality index.  If your group is not pre-
pared to provide  expertise  beyond air
pollution problems, work with  other cit-
izen   organizations that  know   those
fields. You may want  to involve  other
citizen groups  anyway,  to widen the
base and appeal of your proposed radio
or television programs.
   This outline only skims the surface,
of course. The  possibilities  are limited
only by the imaginations of those  devel-
oping the program. As many citizen or-
ganizations do, your group should seek
all possible assistance  from members or
sympathetic  outsiders  who  are profes-
sional communicators.

         Public  hearings
   Another way to communicate with
the public is  to testify at  public hear-
ings.  Your objectives  should  be two-
fold: (1) to get your views before the
control agency or legislative body hold-

ing the hearing; (2)  to air your views
through the press and broadcast media.
  The following  suggestions are based
on the experiences  of many citizen or-
ganizations that have been through the
earlier stages of the fight  for clean air.
Your group may be  one  of them, but
you   may,   nevertheless,   find   these
suggestions helpful:

Before The Hearing
   1.  Prepare a  typewritten statement
and make copies.
   2. Prepare a press release and deliver
it  at  least  the  day  before the  hearing,
with a copy of your statement. Be sure
both  the release and the  statement are
marked "Advance Copy—Not  For Re-
lease Until. ..." (Insert  date and time
when you  expect to  present the  state-
   3. If possible, deliver the release and
statement to your press contacts person-
ally.  If you  can't do so, call  and tell
them the  release  and statement are on
the  way.  Don't  waste  reporters' time
discussing  or  reading  the  release  or
statement on the  phone unless  they ask
you  to.
   This advance press work does several
things:  it  reminds  the press  that the
hearing is coming  up; it shows your
press contacts  that  you've  thought of
them, even though they know you want
coverage; and,  if they cannot cover the
hearing,  at  least  they have  your  state-

At The Hearing
   1. Have a prepared typewritten state-
ment,  with  enough  copies for each
member of the committee or board or
commission  conducting  the  hearing,
plus  extras for  their files, and have
more copies for  the press   along with
your press release.
   2. Be brief. Speak no more than four
or five minutes, but  ask  to have your
full statement included in the  hearing
   3.  Begin with your  name,  address,
title  or group affiliation, and cite other
groups, if any, that support your posi-
tion and have asked you to say  so.
  4. Tell  why you  support,  or  oppose,
 the subject under  consideration.  Give
 facts  to  support your  position.  Don't
 make accusations  you  cannot  support.
   5.  If  appropriate,  explain  how the
 public interest is affected, who will ben-
 efit and how much it will cost.
   6. If your group has several spokes-
 men, make sure to  avoid repetition un-
 less  emphasis  is  desired.  Have  each
 speaker cover a different point, or ap-
 proach the problem from a different as-
   7. Speak clearly—loudly enough to
 be heard, slowly enough  to be under-
 stood, but quickly  enough to  keep the
 listeners' attention.
   8. Be  prepared to answer  questions
 —to explain your  position, to explain
 the purpose of your  group, to explain
 how your group's position  was reached
 (executive  board  vote,   membership
 meeting vote, mail referendum, etc.). If
 you  don't know the answer to a ques-
 tion, say so, and offer to try to get the
 answer and send it in  ifor the record.
 On  rare  occasions,  a  committee  or
 board member may be hostile and at-
 tempt to  rattle, confuse, irritate  or in-
 timidate you. Don't let yourself get con-
 fused, angry or nasty. Keep your cool.
   9. Try to have as many supporters as
 possible  attend the  hearing.  Casually
 mention  their presence  in your opening
 comments. Some  call this "packing  a
 hearing."  Others  call  it   "showing
 strength  and  support." Numbers rein-
 force your stand. An indication of sup-
 port can  sway legislators as well as pub-
 lic opinion.
   10. Listen  carefully  to  other  state-
 ments presented, especially by the op-
 position.  Make note of factual errors or
 new ideas or proposals, for you may be
 asked to  comment on what other wit-
 nesses say. If so, don't attack the oppo-
 sition or  make personal remarks.
   11.  Respect the right  of others to
 disagree  with  you.  Do  not applaud or
 show disapproval of any speaker.
    12. If  you have written statements of
 community leaders, other organizations,
 etc.,  who support your   position but
1 could not  attend the hearing,  ask that

the statements be included in the hear-
ing record.
   13. Thank the committee for giving
you the opportunity to testify.

After The Hearing
   1. Promptly prepare and submit an-
swers to  any questions you were asked
but could not answer at the hearing.  If
you think any statements made by the
opposition  were factually incorrect or
need' rebuttal,  prepare  and  submit  a
supplementary statement for the record.
But don't rehash what you said in your
original statement.
   2.  If your press  contacts  wrote or
broadcast stories containing your views,
phone  them  and thank  them for the
  3. Don't  complain to  the  press  if
your views  weren't  included  in  their
coverage or if you think the coverage
was bad or that you were misquoted.
  4. A few days after the hearing, send
a letter to the newspaper editor for pub-
lication referring  to  the hearing and
pointing out what, if anything, the pub-
lic  can do to help.
  5. Let your own members know what
happened at  the hearing  through your
organization's newsletter or by a special
letter to all members and include copies
of press clippings, if any.
                 Summing  up
Tf you have  read  this far, you know
   that these guidelines add up to hard
work for every member of your organi-
zation. But hard work is precisely what's
needed if the goals of the Clean Air Act
are to be achieved.
   Government at all levels and industry
have  clear responsibilities  to meet  if
your  community is  to achieve  cleaner
air, and if our Nation is to carry out its
first truly comprehensive environmental
improvement program. But the role of
citizen  organizations—what  might be
called the third force for action—must
also be fully  recognized. Government
and industry  are responsive to  the will
of the people. And  your citizen organi-
zation and others like  it emphasize the
people's will to have cleaner air.
  The Clean Air Act and other recent
environmental  laws  reflect  growing
awareness of  the vital  role of  citizen
organizations  in  achieving  national
goals. And those laws give citizen orga-
nizations unprecedented rights and tools
to pursue those goals.
   Use them, for as President Nixon has
said: "In the final analysis, the  founda-
tion on  which environmental progress
rests in our society is a  responsible  and
informed citizenry. My  confidence that
our Nation  will meet its environmental
problems in the years ahead is based in
large measure on my faith in the con-
tinued  vigilance  of  American  public
opinion and in the continued vitality of
citizen  efforts to protect and improve
the environment."

 National Air Quality Standards
  SULFUR  OXIDES—Sulfur  oxides  come
primarily  from  the  combustion  of  sulfur-
containing fossil fuels. Their presence has been
associated with the increased incidence of res-
piratory  diseases,  increased  death  rates  and
property damage.
Primary Standard
  •  80 micrograms per  cubic meter  (0.03
ppm) annual arithmetic mean.
  • 365 micrograms per  cubic meter  (0.14
ppm)  as  a  maximum  24-hour  concentration
not to be exceeded more than once a year.
Secondary Standard
  •  60 micrograms per cubic meter (0.02 ppm)
annual arithmetic mean.
  •  260 micrograms per cubic meter (0.1 ppm)
maximum 24-hour  concentration  not to be
exceeded more than once a year.
  •  1,300 micrograms per  cubic  meter  (0.5
ppm) as a maximum three-hour  concentration
not to be exceeded more than once a year.
  P ARTICULATE   MATTER — Paniculate
matter, either solid or liquid, may originate in
nature or  result from industrial processes  and
other human activities. By itself  or in  associa-
tion  with  other pollutants, paniculate matter
may injure the lungs or cause adverse effects
elsewhere  in the body. Particulates also reduce
visibility  and contribute  to property  damage
and  soiling.
Primary Standard
  •  75 micrograms  per  cubic meter  annual
geometric mean.
  •  260  micrograms  per  cubic meter  as  a
maximum 24-hour concentration not to be ex-
ceeded more than once a year.
Secondary Standard
  •  60 mircrograms per cubic  meter annual
geometric mean.
  •  150 micrograms per cubic meter as a max-
imum  24-hour  concentration not  to  be ex-
ceeded more than once a year.
  CARBON MONOXIDE—Carbon monoxide
is a byproduct  of the incomplete  burning of
carbon-containing fuels and of some industrial
processes.  It  decreases  the  oxygen-carrying
ability of the blood and, at levels often found
in city air,  may impair mental processes.
Primary and Secondary Standards
  •  10 milligrams per  cubic meter (9  ppm) as
a maximum eight-hour concentration not to be
exceeded more  than once a year.
  • 40  milligrams per cubic  meter (35  ppm)
as a maximum one-hour concentration not  to
be exceeded more than once a year.
  Both  the  one-hour limit  and  the eight-hour
standard afford protection  against the occur-
rence of  carboxy-hemoglobin  levels in the
blood of 2 per cent. Carboxy-hemoglobin  levels
above 5 per cent have been associated  with
physiological stress in patients with heart dis-
ease.  Blood  carboxy-hemoglobin  levels ap-
proaching 2 per cent have  been associated  by
some  researchers with impaired psychomotoi
chemical oxidants are produced in the atmos-
phere when reactive organic substances, chiefly
hydrocarbons, and nitrogen oxides are exposed
to  sunlight.  Photochemical  oxidants irritate
mucous membranes, reduce resistance to res-
piratory infection, damage plants and contrib-
ute to the  deterioration of materials.
Primary and Secondary Standards
  •  160 micrograms  per  cubic  meter  (0.08
ppm) as a  maximum  one-hour  concentration
not to be exceeded more than once  a year.
  HYDROCARBONS—Hydrocarbons in the
air come mainly from the processing, market-
ing and use of petroleum products.  Some  of
the hydrocarbons  combine with nitrogen ox-
ides in the air to form photochemical oxidants.
The hydrocarbons standards, therefore, are for
use  as  a  guide  in devising implementation
plans to achieve the oxidant standards.
Primary and Secondary Standards
  •  160 micrograms  per  cubic  meter  (0.24
ppm) as a  maximum three-hour concentration
(6 to 9 a.m.) not to  be exceeded more  than
once a year.
  NITROGEN   OXIDES—Nitrogen  oxides
usually  originate  in high-temperature  combus-
tion processes. The presence  of nitrogen diox-
ide in the air has  been associated with  a variety
of respiratory diseases. Nitrogen dioxide is  es-
sential  in  the natural  production of photo-
. chemical oxidant.
'Primary and Secondary Standards
  • 100 micrograms   per  cubic meter  (0.05-
ppm) annual arithmetic mean.
  The U.S. Environmental Protection Agency
is examining  other pollutants  to determine
whether any  may  be  covered by future  air
quality  standards.

                             PLAN FOR  COMPLIANCE
                                   XYZ  Company
                           Plumbing and  Heating  Division

       A.  The XYZ Company (hereinafter referred to as the  Company) hereby submits
     a plan for compliance to bring the operations of its Plumbing and Heating Division
     (hereinafter referred  to  as the  Division),  6069 Fort  Timber  Lane,  Sinterville,
     Hotlanta 00001, within the requirements  of  17567  and  17568 of the  Regulations
     Governing the Control of Air Pollution  in Zone 2, promulgated for Article  17,
     Section 503 of the Annotated Code of Hotlanta.
       B.  The Company hereby waives any obligations  which the Hotlanta State De-
     partment  of  Health (hereinafter  referred to  as  the Department) may have, to
     forward a  Notice of Violation which may be required under Article  17, Section
     504 (a), (b), and (c).
       C.  The Company represents that such noncompliance  results from the fact that
     the Division in the usual  and ordinary operation of its present cupolas and auxiliary
     equipment is  unable to achieve the emission standards as  set out in the  Regulations
     referred to in paragraph (1) above.
       D.  The Company represents that on or before September 30, 1971,  the Division
     will conduct its operation in such  a manner that it  will be in compliance  with the
     regulations referred to in paragraph (1) above as they pertain to "new installations."
       E.  In order to assure that the Division will be  in  full  compliance by September
     30,  1971, the  Company hereby represents  that it has or will perform the following
     1. On  or before December 31,  1969:
       a.  A system for controlling emissions from the cupola  has been selected employ-
           ing afterburners followed by a quencher tower and a high temperature bag-
           house with capacity of 50,000 cfm.
       b.  The Industrial Division of X Y Z Company has been selected as the  prime
           equipment supplier and a Mr.  Joseph Jones retained as a  consultant.
       c.  Layout  drawings  for the  prime and  satellite equipment have  been completed
           and will be submitted as  part  of  the cupola re-registration.  These will also
           include  the dust disposal system, charging system and substation.
       d.  A request for  capital expenditures, operating cost and construction schedules
           have  been submitted  for  approval through  corporate headquarters.
     2. On or before March 31, 1970:
       a.  Obtain corporate approval of the entire project.
       b. Sign the prime contract for the cupola emission control system.
       c.  Complete drawings on substation, disposal system,  gas supply system,  etc.
     3. On  or before June 30,  1970:
       a.  Complete secondary contracts for  dust and slag disposal systems, substation,
           gas supply system, foundations,  etc.
       b.  Rework  the electrical distribution system to accommodate the new substation
       c.  Complete drawings on the charging system.
     4. On or before September 30,  1970:
       a.  Contract  for demolition of standby cupola.
       b. Complete gas supply line and foundations for fan and baghouse.
       c.  Erect dust and slag  disposal system.
     5. On or before December 31,  1970:
       a.  Complete the  installation  of  the substation.
       b.  Demolish the standby cupola.
       c.  Sign the contract for  the  charging system, air  and  water supply  system and
           necessary building modifications.
       d.  Start erection of the baghouse.

                        Sample  Source Compliance  Schedule
 6.  On or  before March 31,  1971:
   a. Erect the quench tower.
   b. Complete construction of the baghouse.
   c. Erect the control room.
 7.  On or before June  30, 1971:
   a. Connect ductwork between quench tower and baghouse.
   b. Start erection of the new charging system.
   c. Complete utility services  to the control room.
 8.  On or before September 30, 1971:
   a.  Remove the present wet cap and  install  the  new cupola top section with
   b. Complete installation of the  charging system and building modifications.
   c. Complete all phases of construction and  test operation of equipment.
   (a)  That the  Company will comply with  all other Regulations Governing the
 Control of Air Pollution in the State  of Hotlanta and will  not during the term of
 this Plan for Compliance exceed the emissions  levels  currently resulting from its
 usual and ordinary operations.
   (b)  The Company further  represents that it will send  to the  Department de-
 tailed progress reports coincident  with the  quarterly schedule outlined in paragraph
 (E) above.
               Witness                   Peter K. Wiles, President
                                        X Y Z Company

   Approval of the foregoing Plan for Compliance is hereby recommended by the
 Division of Air Quality Control of the State Department of Health.
LEGAL SUFFICIENCY THIS 	      Albert Johns, Chief
.DAY OF 	 19	      Division  of  Air  Quality Control
	      Hotlanta State Department of Health
   Approval of the foregoing Plan for Compliance is hereby recommended by the
 Hotlanta State Department of Health.
                                        John Smith, Acting Commissioner
                                        Hotlanta State Department of Health

                       Approval of Plan for Compliance
   Upon agreements and representations made by the Company and recommenda-
 tions of  the Chief of the  Division of Air Quality Control  and of the Acting
 Commissioner of Health, the aforegoing  Plan for Compliance is hereby approved
 this	day of	1970.
                                        Paul Carstahl
                                        Secretary of Health

                 Public  Information
       Title  40-PROTECTION
   Chapter I—Environmental Protection


  On August  28,  1971,  notice  of  proposed
rule  making  was published in the FEDERAL
REGISTER (36 F.R. 17360)  concerning the pro-
cedures  to be  followed by the Environmental
Protection Agency in  making records avail-
able  to the public pursuant to the Freedom of
Information  Act, 5  U.S.C.  552.  After con-
sideration of  all relevant comments and sug-
gestions from interested persons,  the proposed
rules  have  been  revised,  and   are  hereby
adopted  as Part 2  of Title 40,  as set  forth
  Effective  date. In  view of the importance
of formalizing at the earliest practicable date
the procedures that  the Environmental Pro-
tection Agency will follow in response to  re-
quests for information, and in further  view of
the fact that no affected party will be required
to alter  his  past  practices  as  a  result  of
promulgation of these  regulations, it is found
that  good cause exists  for dispensing with the
30-day  period  normally  provided for  by  5
U.S.C. 553(d). Accordingly, these  regulations
will  be effective upon publication in the FED-
ERAL  REIOSTER (12-3-71).
  NOVEMBER 30, 1971.

2.100  Scope.
2.101  General policy.
2.102  Procedures applicable to the public.
2.103  Agency  procedures  in  response  to
2.104  Duties of responsible EPA office.
2.105  Exemptions.
2.106  Determinations by the  Office of  the
         General  Counsel   or   a Regional
2.107  Determinations by the Office of Public
2.108  Creation of records.
2.109  Denial of requests for records.
2.110  Copies of documents.
2.111  Payment.
  AUTHORITY:  The provisions of this Part  2
issued under  5  U.S.C. 552, as  amended by
Public Law  90-23.
§ 2.100   Scope.
  This  part  establishes  procedures   for  the
Environmental Protection Agency (EPA)  to
implement  the  provision  of  the  Administra-
tive  Procedure  Act  (5   U.S.C.  552(a)(3))
relating to the  availability to  the  public  of
identifiable records  contained in agency  files,
and  not published in the FEDERAL  REGISTER.
This part is applicable to  all EPA components,
including  all EPA  regional offices,  field in-
stallations and  laboratories.
§ 2.101  General policy.
  It is the policy of EPA to  make the fullest
possible  disclosure   of   information  to  any
person who requests information,  without un-
justifiable  expense  or delay.  Where  informa-
tion is exempt  under 5  U.S.C. 552(b)  from
mandatory disclosure, the EPA  Office of Pub-
lic  Affairs  may, pursuant to § 2.107, order
disclosure in the public  interest,  unless  such
disclosure is  prohibited by law.
§ 2.102  Procedures  applicable  to the public.
  (a) Form  of  request.  A request need not
be in any particular  form, but it (1) must be
in writing,  and  (2)  must describe the records
sought with  sufficient specificity  to permit
  (b) Place of request. A request for records
may be filed with  the EPA Office  of Public
Affairs, 401  M Street SW., Washington, D.C.
20460, or with any other  EPA office.  Requests
for records located in the indicated States  may
be  filed  with the  following  EPA   Regional

(1) Region  I.   (Massachusetts,  Connecticut,
  Maine,  New  Hampshire,  Rhode  Island,
  Vermont),  Room  2303, John F. Kennedy
  Federal Building,  Boston, Mass. 02203.
(2) Region  II.  (New   Jersey,  New  York,
  Puerto Rico,  Virgin Islands),  Room  847,
  26 Federal Plaza,  New  York,  NY  10007.
(3) Region  III.  (Delaware, Maryland, Penn-
  sylvania,  Virginia,  West Virginia,  District
  of Columbia), Post Office Box 12900, Phila-
  delphia, PA 19108.
(4) Region  IV.  (Alabama, Florida,  Georgia,
  Kentucky,  Mississippi,  North  Carolina,
  South Carolina, Tennessee), Suite 300,  1421
  Peachtree Street NE.,  Atlanta,  GA 30309.
(5) Region  V.  (Illinois,  Indiana, Michigan,
  Minnesota,  Ohio,  Wisconsin),  1  North
  Wacker Drive, Chicago, IL  60606.
(6) Region  VI.  (Arkansas,  Louisiana,  New
  Mexico,  Oklahoma, Texas),  1114 Com-
  merce Street, Dallas, TX 75202.
(7) Region  VII.  (Iowa, Kansas,  Missouri,
  Nebraska), Room 702, 911 Walnut Street,
  Kansas City, MO  64106.
(8) Region  VIII. (Colorado,  Montana, North
  Dakota,  South Dakota, Utah,  Wyoming),
  Room  9041, Federal Office Building,  19th
  and Stout Streets, Denver, CO 80202.

(9) Region  IX. (Arizona,  California, Hawaii,
  Nevada,  American  Samoa,  Guam,   Trust
  Territories of Pacific Islands, Wake Island),
  760  Market  Street,   San  Francisco,  CA
(10) Region  X.  (Alaska,   Idaho,  Oregon,
  Washington), 1200  Sixth Avenue,  Seattle,
  WA  98101.

§ 2.103   Agency  procedures  in response  to
  Within 10 working days after receipt of a
request  for  records  by  an EPA  office other
than the Office of Public  Affairs,  such office
will forward a copy of  the request (with the
date and place of receipt noteu  thereon) to
the EPA Office of Public Affairs. In the event
the office  receiving  the request   is not the
office responsible  for maintaining the records
requested, the  request shall be  forwarded im-
mediately to the office having  such  responsi-

§ 2.104   Duties of responsible  EPA office.
  Within 10 working days after receipt of a
request  for records, the EPA office responsible
for maintaining the  records requested  will:
   (a) Obtain,  or ascertain  the location  of,
the records requested, and, unless a determina-
tion  pursuant to § 2.106  is required,  inform
the requesting party  of  where  the  records
may be  inspected and, if ascertainable, of the
charge  for  furnishing copies;  or
   (b)  Inform  the requesting party that the
search for the  requested records is continuing,
and  advise  him  of  the anticipated date of
completion  of the search, and of any  neces-
sary subsequent  extensions of such date, at
which time  (but in no event later than 30 days
after  receipt  of  a request for records) the
provisions  of  the  appropriate paragraph of
this section  will be promptly followed; or
   (c)  Inform  the requesting party that  the
records sought are in the possession of another
Government agency;  refer  the  request  to  the
office in such other  agency where  the  records
may be  found; and notify  the requesting party
of such referral; or
   (d)  Inform the requesting  party that  the
records  requested  do  not exist  to the  best
knowledge of the receiving office;  or
   (e)  Inform  the requesting party that  the
records  requested have  been  published in  the
FEDERAL REGISTER, or  in  any other generally
available publication, and  furnish  the  citation
to such publication and the place or  places
where  it may  be  obtained; or
   (f)  Inform  the requesting  party  that dis-
closure of all or part of the records requested
is under review  pursuant to  §  2.106,  and
promptly forward the  request  in  accordance
therewith: Provided,  That with respect to any
part of the records requested which  is  not
subject  to review pursuant to  § 2.106, action
shall be taken promptly under the appropriate
paragraph of this section; or
   (g)  Furnish such other information  or take
such other  action as is  appropriate;  and
  (h)  Advise  the  EPA  Office  of  Public
Affairs  of  the  action  taken.
§ 2.105  Exemptions.
  (a)  Exempt  information. Records may  be
exempt from disclosure, pursuant to  5  U.S.C.
552(b), when they pertain to matters  that are:
  (1)  Specifically required by Executive order
to be kept  secret in the interest of the national
defense or foreign policy;
  (2)  Related  solely to the internal personnel
rules  and practices  of  an  agency;
  (3)  Specifically exempted  from disclosure
by  statute;
  (4)  Trade secrets and commercial  or finan-
cial information obtained from a person and
privileged or confidential;
  (5)  Interagency or intra-agency memorand-
ums or  letters  which  would not  be  available
by  law to a party  other than an agency in liti-
gation with the agency;
   (6)  Personnel and medical files and  similar
files the disclosure of which would  constitute
a  clearly  unwarranted  invasion  of  personal
   (7)  Investigatory files  compiled  for  law
enforcement purposes  except  to the   extent
available by law  to  a party  other  than  an
   (8)  Contained  in or related to examination,
operating,  or  condition reports prepared  by,
on behalf of,  or for  the  use of an  agency
responsible for the regulation  or supervision
of  financial  institutions; or
   (9) Geological and geophysical information
and data,  including maps, concerning wells.
   (b) Procedures.  The office responsible  for
maintaining  the records  requested will make
 a preliminary evaluation to determine whether
 they  are exempt  from mandatory  disclosure
pursuant to  5  U.S.C.  552(b). Whenever it is
determined that the records requested  are or
may be exempt, such  office will promptly for-
ward  a  copy or a  description  of the  records
requested, together  with  a brief  statement of
its  position with reference to the applicability
of  an exemption, and a request for a deter-
 mination to  the Office  of the  General Counsel
at  EPA headquarters, or  to  the  Regional
Counsel for the region in which the  records
are located,   and,  if  the information con-
tained  in the records  requested was obtained
from  a person other than  EPA,  will give
notice of the request ;to such  other person.
§ 2.106  Determinations by the Office of  the
     General Counsel  or a Regional Counsel.
   (a)  General. Not  later  than  10 working
days  after receipt of a  request  for a deter-
mination,  the  Office of the General Counsel
or  Regional  Counsel:
   (1)  Will  advise  the  office  requesting  the
determination to release the records requested,
if no exemption pursuant  to 5  U.S.C.  552(b)
is found applicable; or
   (2)  Will  advise  the  office  requesting  the
determination  not to  release  the  records  re-
quested, if disclosure is prohibited by law; or
   (3)  Will,  if  it  is found that an exemption

pursuant  to  5 U.S.C.  552(b)  is applicable,
but that disclosure is  not  prohibited by law,
forward to the EPA  Office of Public Affairs
the entire file, with an opinion  as to the ap-
plicability of a statutory exemption;  and
   (4)  Will, if the information  contained in
the requested records was obtained from  a
person  other  than EPA,  advise  such  other
person of  the action  taken pursuant to  this
   (b)  Consultation.  A  determination  by  a
Regional Counsel under paragraph (a) of this
section will be made  only after consultation
with the Office of  the General Counsel.
§ 2.107  Determinations  by   the  Office  of
    Public Affairs.
   Not later than 10 working days after receipt
of an opinion from the Office of the General
Counsel or a Regional  Counsel pursuant to
§2.106(a)(3)  as  to  the applicability  of  an
exemption  under  5 U.S.C.  552(b), the  Office
of Public  Affairs  will  determine whether the
records requested  should be  made  available
in the  public interest,  notwithstanding  the
applicability of an exemption, and will
   (a)  Order   the  disclosure   of  the records
requested,  or
   (b)  Notify  the  requesting party in accord-
ance  with  § 2.109  that the records  requested
will not be disclosed.
§ 2.108  Creation of records.
   Documents will not be created by compiling
selected items from other  documents at the
request  of a  member of the  public, nor  will
records be created to  provide the requesting
party with data  such  as ratios, proportions,
percentages,  frequency  distribution,  trends,
correlations, or comparisons.
§ 2.109 Denial  of requests  for records.
   (a) General:  If it  is determined  pursuant
to this part  that  requested records  will not
be provided,  the  EPA  office responsible for
maintaining the  requested  records (or,  in the
event  a determination has been made  under
§  2.107(b),) the Office  of Public Affairs will
notify the  requesting party in  writing that the
request has been denied. A written denial of a
request for information will  contain a brief
explanation of the statutory basis for nondis-
closure, and  will state  that judicial  review  is
available  in  the U.S.  District Court for the
district in  which the requesting party resides
or has his principal place of business, or in
which the records  sought  are located.
   (b) If  EPA shall fail to grant or to deny
in writing  a request within 90 days  following
its receipt, the  requesting  party may  regard
such  failure as final EPA  action denying the
request, and  will  be  entitled to  pursue his
remedy in the courts  as  provided by 5 U.S.C.
§ 2.110 Copies  of documents.
   If  it is  determined  that records  requested
may be disclosed,  the requesting party will be
entitled to copies.  However, records shall not
be released for copying by non-EPA personnel.
When a determination  not to disclose  a  por-
tion  of  records  requested  has  been  made,
records  will be masked  for copying of non-
exempt  portions of  the  documents.
§ 2.111   Payment.
  (a) Charges.  Fees  will  be  charged   for
copies  of  records  which are  furnished  to
a person under this part and for time spent
in locating and reproducing them, in  accord-
ance with a fee schedule maintained  and  re-
vised by the Office of Public  Affairs.  No  fee
will be  charged  for time spent  in  processing
of any request for  information, nor will  any
fee  be  charged for periods  of less than one-
half hour spent  in  connection with a search
for  records. For the purposes of this  section,
"processing"  shall  include all time spent in
generating correspondence related to a request
and in making determinations under §§ 2.106
and 2.107.
  (b) Prepayment. In the event pending  re-
quests   under  this  part  from   the same
requesting party would require the payment of
fees in excess  of $10, such records will not be
made available,  nor  copies of  such  records
furnished unless the requesting party first sub-
mits payment  in the total amount due; or, if
not ascertainable, in the approximate  amount
that woud  become due upon compliance with
the   request,   as  determined  by  the  Office
of Public Affairs or  by  the  office  complying
with the  request. In the event an advance pay-
ment hereunder shall differ  from the  amount
of the fees actually  due, an appropriate adjust-
ment will be  effected  at the  time the copies
requested are  delivered.
  (c) Waiver.  The  Office of  Public  Affairs
or the  office complying with the request may
waive the  payment of  fees,  if  such waiver
would be in the public  interest.
  [FR Doc. 71-17675 Filed 12-2-71;8:49 am]
       Title  40-PROTECTION

   Chapter I—Environmental Protection


     Trade Secrets and Privileged or
         Confidential Information

  On December  3,  197i,  the  Environmental
Protection Agency published, at 36 F.R. 23058,
final regulations to implement the Freedom of
Information Act  provisions of 5 U.S.C.  552.
On the same date, EPA proposed amendments,
at 36 F.R. 23077, to add  a new  § 2.107a to
those final regulations.  The  new section  was
proposed  to  deal with the  issues  raised by
requests for information said to contain trade
secrets or other confidential  information,  and
therefore exempt from  mandatory public  dis-
closure under 5 U.S.C. 552(b)(4)  and § 2.105
(a) (4)  of the EPA regulations.  Public com-
ment was invited on the amendments, and the
time for comment was  subsequently extended

through  February 2, 1972, by  a notice  pub-
lished at 37 F.R. 621 (January  14, 1972).
  The amendments  published here have  been
modified as a result of comments received.  It
is appropriate at this time to set forth EPA's
reasons for proposing the amendments and for
including in them the changes reflected below.
  It became  clear  during the  first  year  of
EPA's existence that it could expect to receive
a comparatively large  number  of  requests
from  members of the public for information
submitted by other members  of the public,
particularly  by  regulated industries.
  Much  of the  information requested,  how-
ever,  was information  of the   sort described
in 5  U.S.C.  552(b)(4),  and exempted  from
mandatory public disclosure as "trade secrets
and commercial or financial information which
is privileged or confidential * *  *." It is EPA's
position  that some of  the information  de-
scribed in  5  U.S.C. 552(b)(4)  is required to
be  kept  confidential—most   notably,  trade
secrets. This  requirement is not imposed  by
5 U.S.C.  552(b)(4), since the  exceptions in
the Freedom  of Information Act  are merely
a  list of those  types  of information which
an  agency 'may  withhold. Accordingly,  if  an
agency  is required  to withhold  information, it
is by virtue of some other statutory provision.
In this case it is 18 U.S.C. 1905, which makes
it a  criminal offense  for a government  em-
ployee  to  release  trade secrets  and certain
specified financial informaion,  in the absence
of express statutory authority to do so. (For an
example of such authority, see  section 307(a)
 (1)  of the Clean  Air Act, 'as amended,  42
U.S.C.  1857h-5,  which permits the disclosure
of  trade secrets "when relevant  in  any pro-
ceeding  under this  Act.")
  Because the categories of information listed
in 5 U.S.C. 552(b) are broader than the cate-
gories of information which  an agency  must
at all times withhold, EPA faced two principal
problems in  administering  the Freedom  of
Information  Act with respect  to requests  for
certain  information  submitted  by  industry.
  First, it  needed to establish  procedures  for
ascertaining when a bona fide trade secret was
in  its  hands.  Paragraph  (a)  of  the   new
§2.107a attempts  to  fulfill this need.  Para-
graph (a)  is largely unchanged in substance
from the version previously proposed. In  re-
sponse to several thoughtful comments,  how-
ever,  it  was  decided that certain  time  limits
established by other sections of Part 2  need
not  be  suspended  unless  a question actually
arises as to whether information requested con-
stitutes trade secrets. Thus, paragraph (a) (3),
as adopted, differs  from the proposal in being
contingent on  receipt  of a claim of trade se-
crecy. On the other hand, and  notwithstanding
several  comments received, it  is not  felt that
the General Counsel could respond intelligently
to  many  disputed  claims  of trade secrecy
within the  maximum of 10 working days pro-
vided for in  cases involving other exemptions.
EPA  has received  single  requests for several
hundred separate items of information claimed
to be trade secrets, and it anticipates that such
requests  may  be relatively frequent. While
EPA will try to make determinations as quickly
as possible, it cannot  in  good faith bind  itself
to an unrealistically short deadline, particularly
where its  decisions  on complex issues of fact
and  law  will affect private property  rights.
   In  addition, a new  subparagraph permitting
"advisory  opinions" on  trade  secrecy claims
has  been  added by  subparagraph  (4)   of  §
2.107a(a).  This is  a  procedure  suggested by
several comments—which  came, interestingly,
from  organizations  having  presumably  diver-
gent interests.
  However, EPA has rejected the suggestion
that   paragraph  (a)  be  changed  to require
formal administrative  hearings, and notes that
5 U.S.C. 552(a)(3)  authorizes de novo judicial
  The final noteworthy  change  in paragraph
(a)  relates to  the status of information sub-
mitted in support of a claim of trade secrecy.
It was formerly EPA's presumption that such
information wou'd  always be eligible for dis-
cretionary  withholding  under  5  U.S.C.  552
(b)(4). On  reconsideration,  it  appears that
that  presumption  may  be unjustified,  as  in
the case of submissions  which  are  argumenta-
tive  in nature.  Accordingly,  submissions  in
support of  claims  of trade  secrecy  will be
treated like  any other  information in  the
hands of EPA.
   In  addition to clarifying the procedures for
determining when information is a "trade se-
cret" and therefore subject to mandatory re-
strictions against public disclosure,  the amend-
ments published today  also define that  infor-
mation which  is "privileged  or confidential"
and  which EPA will withhold from the public,
even  though not required to  do  so.  (Many
otherwise   thoughtful  comments  erroneously
assumed that any  information covered  by  5
U.S.C. 552(b)(4) must  be withheld  from the
public, and that an agency has  no discretion
to release  it.)  Paragraph  (b)  of  the new  §
2.107(a) states, in  effect, that  when  a private
party is required to submit information  which
tial, EPA will not  agree to withhold that in-
formation from the public. On the  other hand,
when  EPA  wishes  to  obtain  the  voluntary
cooperation of  a private party—as, for  exam-
ple,  when it invites contract or  grant proposals,
or when it wishes to inform itself on the state-
of-the-art of pollution abatement—it  must be
free  to  give assurances  that  the submitted
information will not  be available to  competi-
tors of the party making the submission.
   Paragraph  (b),  as  adopted, contains no
substantial changes from the proposed version,
except that it binds EPA to honor pledges of
confidentiality  made  by  government  agencies
when  EPA has received from them informa-
tion  which it  has no  legal right to  obtain
directly from the original private  source.
   For the foregoing  reasons,  Part 2 of Title
40,  Code  of Federal Regulations, is hereby
amended  as  follows,  effective  30 days follow-

ing publication in the FEDERAL REGISTER  (6-
   1. The table  of contents  at the beginning
of Part 2 is amended by  inserting therein in
2.107a Trade secrets  and privileged  or  con-
          fidential information.
  2. A  new  § 2.107a  is  added,  reading  as
§ 2.107a   Trade secrets and privileged or con-
    fidential information.
   (a)  Trade secrets.  (1) In the event records
requested under  this part  may contain trade
secrets, the  office responsible for maintaining
the records  requested will  forward  the request
for determination  and accompanying materials
referred to in § 2.105(b) only to the Office of
General Counsel, and the notice referred to in
§2.105(b),  unless  published  in  the FEDERAL
REGISTER, will be sent by certified mail (return
receipt requested): Provided,  That notice un-
der §2.105(b) need not  be  given if similar
notice  was given prior to referring the matter
to the  Office of General Counsel.
   (2)  If  a  person to whom notice of a re-
quest for records has been  given under § 2.105
(b), or otherwise,  advises  the Office of Gen-
eral Counsel, in  writing,  prior to  the expira-
tion of 10 working days following the receipt
or  publication of such notice,  that the re-
quested  records  contain  trade  secrets  fur-
nished by such  person,  the  portions  of  such
records said to contain trade  secrets shall not
be  disclosed,  nor copies provided,  unless the
General  Counsel shall first have  made a final
written determination that such   records do
not  in  fact  contain  trade secrets, or unless
such  disclosure  is  authorized by  statute  in
spite of  the provisions of  18  U.S.C. 1905. In
the event no claim or other  response  is re-
ceived by the Office of General Counsel prior
to  the expiration of  the 10  working  days
specified  herein,  it  will,  before   reaching  a
determination with  respect to trade  secrecy,
make prompt inquiries to  ensure  that the ab-
sence of a response hereunder is not attributa-
ble to delay or  failure of  the  mails. A claim,
including a  claim asserted  by telephone, made
at  the time  of  such inquiries and confirmed
in  writing will be considered  timely for pur-
poses  of subparagraph (3) of this paragraph.
The Office  of General Counsel will promptly
notify  the requesting party whenever a claim
is made under  this subparagraph. In making
a determination  under this subparagraph, the
General Counsel  will consider any additional
information  submitted  to  the Office  of  Gen-
eral Counsel within  30 days  of receipt  of a
claim  made hereunder, or within  such longer
time period  requested by  the  claimant or the
requesting party  as  it may  agree  to. If au-
thorized by 5 U.S.C. 552(b)(4), the Office of
General Counsel  may agree  to treat any such
additional information as confidential at the
request of the person submitting it, in  which
case it will not be disclosed without the express
written permission  of the person  submitting
it. If  the  General  Counsel  determines  that
the records requested do not contain trade se-
crets,  notice  of  such  determination  will be
served by certified mail by  the Office  of Gen-
eral  Counsel  upon  the  person  making  the
claim.  No  sooner than 30  days  following  the
mailing of such notice, the requested records
will  be disclosed  in accordance with this part.
   (3)  In the event  a timely claim  is made
under  subparagraph  (2)  of  this paragraph,
the  time  limits  specified in  §§  2.106(a)  and
2.109(b) will  not apply. In addition,  the time
limit specified in  §2.106(a) will be extended
to include the time  required  for the prompt
inquiries by the  Office of  General  Counsel,
referred to in subparagraph (2) of this para-
   (4)  On  request of an  interested  party,  the
General Counsel may issue written  determina-
tions as to whether specified information con-
tained in EPA records does or  does not con-
stitute trade secrets,  whether  or  not a request
for  information  has  been  made  under  this
part. In the event a request  is subsequently
made  under this  part  for  information  previ-
ously so determined to constitute trade secrets,
EPA will be bound by that previous  determina-
tion,  unless the  General  Counsel:  (i)  Deter-
mines  that  subsequent events have destroyed
the  trade secrecy of  the  information  in ques-
tion, and (ii)  gives written notice of  such de-
termination, and  a full explanation of  the basis
therefore, to any person making  a claim under
subparagraph  (2) of this  paragraph.
   (b)   Privileged  or  confidential information.
(1)   Privileged   or  confidential information
(other  than trade secrets  or financial  informa-
tion the disclosure of  which is  prohibited by
18 U.S.C. 1905),  which is referred  to in 5
U.S.C.  552(b)(4) and § 2.105(a)(4), and de-
fined in subparagraph  (2)  of this  paragraph,
will not be disclosed under this part without
the  express written permission  of the  person
providing it to EPA.
   (2)  For purposes  of this paragraph,  "privi-
leged  or confidential information"  means in-
formation  which an  agency is authorized (but
not  required)  by  law to  withhold  from  the
public and which is either:
   (i)  Submitted to EPA pursuant  to,  and in
reliance on, a pledge of  confidentiality  con-
tained  in any EPA form,  or  obtained in  writ-
ing from EPA; or
   (ii) Received from a State or Federal  agency
which  in  turn  has  received  the information
pursuant to, and in  reliance  on, a pledge of
confidentiality, and  which continues to  con-
sider itself bound by such pledge (unless  EPA
is entitled  by  law to  demand such information
from the original private source).
   (3) No pledge will be made by EPA under
subparagraph (2) of this paragraph in connec-
tion  with  information which  EPA is  entitled
by law to  demand (such as emission  data un-
der  section  114  of  the  Clean  Air  Act,  42
U.S.C. 1857c-9)  or which is submitted to EPA
to fulfill a  requirement imposed by statute or
regulation  in  connection  with  a  regulatory

scheme of genera] applicability (such as infor-
mation  contained  in  application  for  registra-
tions,  permits,  certifications,  and  the  like).
Nothing herein is intended to  affect the status
of information which is required by law to be
treated as confidential.
  3. The last sentence of § 2.111 (a)  is revised
to read:
§ 2.111  Payment.
  (a)  * *  *
  For  purposes  of this  section,  "processing"
shall include  all time  spent in generating cor-
respondence related to>a request and in making
determinations  under  §§2.106,   2.107  and
            Environmental Protection Agency.

  MAY 10, 1972.
  [FR Doc. 72-7346 Filed 5-12-72; 8:51 am]
  Prior  Notice of Citizen Suits
       Title  40-PROTECTION

   Chapter I—Environmental Protection


   On July 8, 1971 (36 F.R. 12866) the Admin-
istrator proposed  a new  42 CFR Part 415:
Rules setting forth procedures for giving notice
of civil actions pursuant to section 304  of the
Clean Air Act, as amended (sec. 12, Public Law
91-604, 84 Stat.  1706). Six organizations com-
mented on the proposed rules. Due considera-
tion has been given to  the comments and  in
response thereto a number of  changes have
been made in the rules as proposed.  In addi-
tion, regulations of the  Environmental Protec-
tion Agency were recodified in title 40, chapter
I on November 25, 1971. Accordingly,  the rules
originally  proposed  as  Part  415 of  title 42,
chapter IV will  be  codified as Part 54 of title
40, chapter I.
  The  requirement for  notice  to alleged vio-
lators  in  § 415.2(c),  as  proposed, has been
revised  to require  notice to  the "managing
agent" of  the facility. Also, if the alleged vio-
lator is a  corporation, notice to  its registered
agent, if any, is required.
  Section  415.3(b), as proposed,  has  been  re-
vised  to  require that  notice   of  a  violation
include  information  on  the specific activity
alleged to  be in violation.
  Section   415.3(c),  as  proposed,  which  re-
quired  additional information to be  included
in the notice, if known to  the citizen,  has been
deleted since it is the judgment of the Admin-
istrator that the  potential  procedural problems
outweigh  the  possible  benefit  to  be  gained
from  the  information  which  might  be sub-
mitted  pursuant  to  this  section.
  Accordingly, the  regulations containing pro-
cedures for giving prior notice  of citizen suits
are hereby promulgated, effective 30 days after
promulgation.  Pending such effective date, the
giving of  notice of citizen suits in accordance
with these regulations shall be deemed to sat-
isfy  the  notice  requirements  of  section  304
of the Act.
  A new  Part 54 is added  to Chapter  I, Title
40, Code  of Federal  Regulations  as  follows:
54.1  Purpose.
54.2  Service of notices.
54.3  Contents of notice.
  AUTHORITY: The  provisions of  this Part 54
issued under section 304 of the Clean Air Acl,
as amended (sec.  12 Public Law 91-604, 84
Stat. 1706).
§ 54.1  Purpose.
  Section 304  of  the  Clean Air Act,  as
amended,  authorizes  the  commencement of
civil actions to enforce  the Act or  to  enforce
certain requirements promulgated pursuant to
the Act.  The  purpose  of this part  is  to  pre-
scribe procedures governing the giving of no-
tices required  by subsection 304(b) of the Act
(sec. 12, Public Law 91-604, 84 Stat. 1706) as
a prerequisite  to the  commencement  of such
§ 54.2  Service of notice.
   (a) Notice to  Administrator: Service of no-
tice given to the Administrator under this part
shall  be   accomplished  by  certified  mail ad-
dressed  to the Administrator, Environmental
Protection Agency,  Washington,  D.C.  20460.
Where notice  relates to violation  of an emis-
sion standard  or limitation or to  violation of
an  order  issued with respect  to  an emission
standard  or  limitation, a copy of such notice
shall be mailed to the Regional Administrator
of the Environmental  Protection  Agency for
the Region  in which such  violation is  alleged
to have occurred.
  (b) Notice to  State: Service of  notice given
to a State under this part  regarding violation
of an emission standard or limitation, or zn
order issued  with respect to an emission stand-

ard  or  limitation shall  be  accomplished  by
certified mail addressed to an  authorized  rep-
resentative  of the State  agency  charged with
responsibility for air pollution control in  the
State. A copy of such notice shall be mailed
to the Governor of  the State.
   (c)  Notice  to alleged  violator:  Service  of
notice given  to  an alleged violator under  this
part  shall  be accomplished  by  certified  mail
addressed to, or by personal service upon, the
owner  or  managing agent  of  the  building,
plant, installation, or facility alleged  to be in
violation of an emission standard or limitation,
or an order issued with respect to  an  emission
standard or limitation. Where  the  alleged vio-
lator is  a corporation, a  copy of  such notice
shall be sent  by  certified mail to  the registered
agent, if any, of such corporation  in the State
in  which such  violation  is  alleged  to  have
   (d) Notice  served in  accordance with  the
provisions  of  this part shall be  deemed given
on the postmark date, if served by mail, or on
the  date of receipt,  if personally served.
§ 54.3   Contents of notice.
   (a) Failure to act. Notice regarding a  fail-
ure of the Administrator to perform an act or
duty  which is not discretionary  shall identify
the provisions of the  Act which  requires such
act or  creates such  duty,  shall  describe with
reasonable specificity  the action  taken or not
taken by the Administrator  which is claimed
to constitute  a failure to perform such  act  or
duty, and shall state the full name and address
of the person giving the notice.
   (b)  Violation  of  standard,   limitation   or
order. Notices  to the  Administrator, States,
and  alleged violators regarding violation of an
emission  standard or  limitation  or  an  order
issued with  respect to an emission  standard
or limitation, shall include sufficient  informa-
tion   to  permit the recipient to  identify the
specific  standard, limitation,  or  order  which
has allegedly been violated, the activity alleged
to be  in  violation, the  person or persons re-
sponsible for the alleged violation, the location
of the alleged violation, the  date or  dates  of
such  violation and the full name and address
of the person giving  the notice.
  Dated: December 6, 1971.
               WILLIAM D. RUCKELSHAUS,
            Environmental Protection Agency.
[FR  Doc.  71-18006 Filed  12-8-71;  8:49 am]

State Air  Pollution  Control Agencies
State of Alabama Department of Public Health
State Office Building
Montgomery, Alabama 36104
Telephone: 205-269-7634

Department of Environmental Conservation
Pouch O
Juneau, Alaska 99801
Telephone: 907-586-5371

Division of Air Pollution Control
4019 N. 33rd Avenue
Phoenix, Arizona 85017
Telephone: 602-271-5306

Arkansas Department of Pollution Control in
1100 Harrington Avenue
Little Rock, Arkansas 72202
Telephone: 501-371-1701

Air Resources Board
1025 P Street
Sacramento, California 95814
Telephone: 916-445-1511

Air Pollution Control Division
Colorado Department of Health
4210 E. llth Avenue
Denver, Colorado 80220
Telephone: 303-388-6111

Air Pollution Control Section
Department of Environmental Protection
79 Elm Street
Hartford, Connecticut 06115
Telephone: 203-566-4030

Delaware Department of Natural Resources &
  Environmental Control
Division of Environmental Control
Tatnall Building, Capitol Complex
Dover, Delaware 19901
Telephone: 302-678-4761

Air Pollution Division
Department of Human Resources
25 K Street, N.E.
Washington, D.C. 20002
Telephone: 202-629-3748

Department of Pollution Control
Tallahassee Bank Building
315 S. Calhoun Street
Tallahassee, Florida 32304
Telephone: 904-224-9151

Air Quality Control Branch
Georgia Department of Public Health
116 Mitchell Street, S.W.
Atlanta, Georgia 30303
Telephone: 404-656-4867
       Air Sanitation Branch
       Division of Environmental Health
       P.O. Box 3378
       Honolu'u, Hawaii 96801
       Telephone: 808-548-6355

       Air Pollution Control Section
       Environmental Improvement Division
       Idaho Department of Health
       Boise, Idaho 83707
       Telephone: 208-384-2390

       Environmental Protection Agency
       2200 Churchill Road
       Springfield, Illinois 62706
       Telephone: 217-525-3397

       Indiana State Board of Health
       1330 W. Michigan Street
       Indianapolis, Indiana 46206
       Telephone: 317-633-4273

       Environmental Engineering Service
       Iowa State Department of Health
       Lucas State Office Building
       Des Moines, Iowa 50319
       Telephone: 515-281-5345

       Kansas State Department of Health
       State Office Building
       Topeka, Kansas 66612
       Telephone: 913-296-3896
       Kentucky Air Pollution Control Commission
       275 E. Main Street
       Frankfort, Kentucky 40601
       Telephone: 502-564-3382

       Air Control Section
       Bureau of Environmental Health
       Louisiana State Department of Health
       P.O. Box 60630
       New Orleans, Louisiana 70160
       Telephone: 504-527-5115

       Department of Environmental Protection
       State House
       Augusta, Maine 04330
       Telephone: 207-289-2811

       Bureau of Air Quality  Control
       Maryland State Department of Health &
          Mental Hygiene
       610 N. Howard Street
       Baltimore, Maryland 21201
       Telephone: 301-383-2779

       Bureau of Air Use Management
          Division of Environmental Health
       Department of Public Health
       600 Washington Street
       Boston, Massachusetts 02111
       Telephone: 617-727-2658

Air Pollution Control Section
Division of Occupational Health
Michigan Department of Public Health
3500 N. Logan Street
Lansing, Michigan 48906
Telephone: 517-373-1410

Division of Air Quality
Minnesota Pollution Control Agency
717 Delaware Street, S.E.
Minneapolis, Minnesota 55440
Telephone: 612-378-1320   '

Mississippi Air & Water Pollution Control
P.O. Box 827
Jackson, Mississippi 39205
Telephone: 601-354-6783

Missouri Air Conservation  Commission
P.O. Box 1002
112 W. High Street
Jefferson City, Missouri 65101
Telephone: 314-635-9145

Division of Air Pollution Control
Montana State Department of Health
Cogswell Building
Helena, Montana 59601
Telephone: 406-449-3454

Division of Air Pollution Control
State Department of Environmental Control
411 S. 13th Street
Lincoln, Nebraska 68508
Telephone: 402-471-2186

Bureau of Environmental Health
Nye Building
201 South  Fall Street
Carson City, Nevada 89701
Telephone: 702-882-7482

New Hampshire Air Pollution Control Agency
61 S. Spring Street
Concord, New Hampshire 03301
Telephone: 603-271-2281

New Jersey State Bureau of Air Pollution
Division of Environmental  Quality
Department of Environmental Protection
P.O. Box 1390
Trenton, New Jersey 08625
Telephone: 609-292-5450

Environmental Improvement Agency
PERA Building, College &  W. Manhattan
Santa Fe, New Mexico 87501
Telephone: 505-827-2813

New York State Department of Environmental
50 Wolf Road
Albany, New York 12205
Telephone: 518-457-3446

Department of Water & Air Resources
P.O. Box 27048
Raleigh, North Carolina 27611
Telephone: 919-829-3006
  North Dakota State Department of Health
  State Capitol
  Bismarck, North Dakota 58501
  Telephone: 701-224-2371

  Air Pollution Unit
  Ohio Department of Health
  450 E. Town Street
  Columbus, Ohio 43216
  Telephone: 614-469-2390

  Air Pollution Control Division
  Environmental Health Services
  Oklahoma State Department of Health
  3400 N. Eastern Avenue
  Oklahoma City, Oklahoma 73105
  Telephone: 405-427-6561

  Air Quality Control Division
  Department of Environmental Quality
  1400 S. W. Fifth Avenue
  Portland, Oregon 97201
  Telephone: 503-229-5630

  Bureau of Air Quality & Noise Control
  Department of Environmental Resources
  Commonwealth of Pennsylvania
 P.O. Box 2351
 Harrisburg, Pennsylvania 17120
 Telephone: 717-787-6838

 Department of Health
 Avenue Ponce de Leon
 Santurce, Puerto Rico 00908
 Telephone: 809-725-1218

 Rhode Island Division of Air Pollution Control
 204 Health Building, Davis Street
 Providence, Rhode Island 02908
 Telephone: 401-277-2808

 South Carolina Pollution Control Authority
 Owen Building, 1321 Lady Street
 P.O. Box 11628
 Columbia, South Carolina 29211
 Telephone: 803-758-2966

 South Dakota State Department of Health
   Division of Sanitary Engineering &
   Environmental Protection, Air Quality
   Control Program
 Office Building #2
 Pierre, South Dakota 57501
 Telephone: 605-224-3351

 Division of Air Pollution Control
 Department of Public Health
 C2-212, Cordell Hull Building
 Nashville, Tennessee 37219
 Telephone: 615-741-3931

 Air Pollution Control Services
 Texas State Department of Health
 1100 W. 49th
 Austin, Texas 78756
 Telephone: 512-454-3781, Ext. 380

 Utah State Division of Health
 44 Medical Drive
 Salt Lake City, Utah 84113
Telephone:  801-328-6121

Agency of Environmental Conservation
  Air Pollution Control
Montpelier, Vermont 05602
Telephone: 802-223-2311

State Air Pollution Control Board
Ninth Street Office Building
Richmond, Virginia 23219
Telephone: 703-770-2378

Division of Environmental Health
Department of Health
P.O. Box 1442
St. Thomas, Virgin Islands 00801
Telephone: 809-774-3411

Washington State Department of Ecology
P.O. Box 829
Olympia, Washington 98504
Telephone: 206-753-2821
West Virginia Air Pollution Control
1558 Washington Street, East
Charleston, West Virginia 25311
Telephone: 304-348-3286

Bureau of Air Pollution Control and Solid
  Waste Disposal
4610 University Avenue
Madison, Wisconsin 53705
Telephone: 608-266-0924

Industrial Hygiene Services
Division of Health & Medical Services
Department of Health & Social Services
State Office Building
Cheyenne, Wyoming 82001
Telephone: 307-777-7511
These documents are  available free from the
Environmental Protection Agency,  Washing-
ton,  D.C.  20460.  In quantities over 10, allow
three weeks for delivery.
  •  The Clean Air Act  (42  U.S.C.  1857 et
  •  EPA,  "The   National Primary and  Sec-
     ondary Ambient  Air Quality  Standards"
     42  Code  of  Federal  Regulations,  Part
     410, 36 Federal  Register 8186 (April 30,
  •  EPA,  "Requirements  for  Preparation,
     Adoption, And Submittal of Implementa-
     tion Plans" (Federal  Guidelines)  42 Code
     of  Federal   Regulations,  Part  420,  36
     Federal Register  15486 (August  14, 1971
     et.  seq.)
These   documents are   available  from  the
Superintendent  of Documents,  Government
Printing Office, Washington, D.C. 20402 at the
price listed.
  •  Air Quality  Criteria  Documents:  (Price
     —Carbon Monoxide, GPO  No. HE 20.
     —Photochemical  Oxidants, GPO No. HE
     —Hydrocarbons,  GPO No.  HE  20.1309:
     —Nitrogen Oxides, GPO No. EP 4.9:84
     —Particulate Material, GPO  No.  FS 2.93/
     —Sulfur Oxides,  GPO No. FS 2.93/3:50
  •  Control  Technique  Documents:  (Price
     —Particulate  Air Pollutants,  GPO  No.
      FS 2.93/3:51
    —Sulfur Oxides, GPO No. FS 2.95/3:52
    —Carbon Monoxide Emissions from Sta-
      tionary Sources,  GPO No. HE  20.1309:
    —CO,NO,<,  and Hydrocarbons Emissions
      from Mobile Sources, GPO No. HE 20.
    •—Nitrogen  Oxide  Emissions  from Sta-
       tionary Sources,  GPO No. HE  20.1309:
    —Hydrocarbon  and  Organic   Solvent
      Emissions  from  Stationary  Sources,
      GPO No. HE 20.1309:68
   • Annual Report  of the  Administrator of
    the  Environmental'' Protection  Agency,
    "The Economics of Clean Air." (Price $1)
   • Guide for Air Pollution Episode Avoid-
    ance, AP 76, GPO Stock No. 5503-0014.
    (Price 70 cents)
   • Guide for Control of Air  Pollution Epi-
    sodes in  Medium-Sized  Urban Areas, AP
    77, GPO Stock No. 5503-0013. (Price 40
   • Guide  for  Control  of  Air  Pollution
    Episodes  in Small-Sized  Urban  Areas,
    AP 78, GPO Stock No. 5503-0012. (Price
    40 cents)
   • Guidelines:  Air Quality Surveillance Net-
    works, AP 98, GPO Stock  No. EP 4.9:98.
     (Price 20 cents)

 [The  AP  series  of  reports is issued  by EPA
 to  report the results  of  scientific and engi-
 neering studies  and information  of  general
 interest in the field of air pollution. This series
 includes coverage of Air Program intramural

activities  and  of  cooperative  studies  con-
ducted with State and local agencies, research
institutes and  industrial organizations.  Copies
of AP  reports are available free to Federal
employees, current contractors and grantees,
and  nonprofit  organizations as supplies permit
from  tie   Technical   Publications  Branch,
EPA, Research Triangle Park, North Carolina
27711. Others may purchase copies from the
Superintendent  of  Documents,  Government
Printing O/Tice, Washington, B.C. 20402.]

Other  Publications:
  Air Pollution Primer—National Tuberculosis
  and  Respiratory Disease Association,  1969.
  An  introduction to the problem of air pol-
  lution.  (Free  from local Tuberculosis and
  Respiratory Disease  Associations.)
  A Citizen's  Guide to Clean Air—Conserva-
  tion  Foundation, January 1972.  A  manual
  to help  citizens participate  in air  quality
  improvement.  (Free  from EPA,  Washing-
  ton,  D.C. 20460.)
  Air  Pollution  Workbook—Scientists'  Insti-
  tute  for Public Information,  1970. Lucid,
  short explanations of the atmosphere,  char-
  acteristics  of specific  pollutants,  and  bio-
  logical  effects of pollution.  (Order  from
  Scientists' Institute for Public  Information,
  30 East  68th Street,  New York City 10021.
  $1 per copy.)
                                Action for Clean Air: A Manual for Citizen
                                Participation  in State ImpSementation  Plan
                                Proceedings  Under  the  Clean Air Amend-
                                ments  of 1970—Detailed  discussion  of the
                                1970 Act. (Order from  Natural Resources
                                Defense Council,  Inc., 36 West  44th Street,
                                New York  City 10036.  50 cents per copy.)
                                How to Plan  an Environmental Conference
                                —League of  Women  Voters. Details the ac-
                                tual processes involved in preparing work-
                                shops,  seminars or  conferences. (Free from
                                the  League  of  Women  Voters,  1730 M
                                Street, N.  W., Washington,  D. C. 20036.)
                                Environmental Law Handbook—Friends of
                                the Earth/Ballantine Books,  Inc.  A  com-
                                pendium of legal  aspects of air pollution en-
                                forcement,   including sections  on   citizen
                                suits. (Order from Friends of the Earth, 620
                                C Street, S.  E., Washington, D. C. 20003. 95
                                cents per copy.)
                                Vanishing Air—By John  C.  Esposito,  1970.
                                A study of the Federal attack  on air pollu-
                                tion prior to the  formation of  EPA. (Order
                                from  Grossman  Publishers,  625  Madison
                                Avenue, New York City 10022.  95 cents per
                                Don't  Leave  It All  to the Experts:  EPA,
                                1972.  A handbook for citizens on how to
                                bring   about  environmental improvements
                                through citizen action organizations.  (Free
                                from EPA, Washington, D.C. 20460)
                                           EPA  Regional Offices
  Each Regional Office has a Public  Affairs director who  can provide  assistance
and materials to individuals and groups seeking to work on environmental problems.
Regional Offices  States covered
                              Regional Offices   States covered
Boston, Mass.
New York, N.Y.

Philadelphia, Pa.

Atlanta, Ga.
 Chicago, 111.
Connecticut, Maine,
Massachusetts, New
Hampshire, Rhode Island,

New Jersey, New York,
Puerto Rico, Virgin Islands
Delaware, Maryland,
Pennsylvania, Virginia,
West Virginia, D.C.

Alabama, Florida, Georgia,
Kentucky, Mississippi,
North Carolina, South
Carolina, Tennessee

Illinois, Indiana, Michigan,
Minnesota, Ohio, Wisconsin
Dallas, Texas

Kansas City, Mo.

Denver, Colo.

San Francisco,

Seattle, Wash.
Arkansas, Louisiana, New
Mexico, Oklahoma, Texas
Iowa, Kansas, Missouri,
Colorado, Montana, North
Dakota, South Dakota,
Utah, Wyoming

Arizona, California, Hawaii,
Nevada, American Samoa,
Guam, Trust Territories of
the Pacific, Wake Island

Alaska, Idaho, Oregon,