Clean Air.
It'suptoyou,too.
$ $ $
-------
A
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
—ADMINISTRATOR
-------
Clean Air.
It'suptoyou,toa
MARCH 1973
U.S. ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D.C. 20460
-------
Contents
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
Tools
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-
trol.
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
action.
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
plan.
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-
gram.
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-
cies.)
• 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
game.
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
legislature.
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-
tained.
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
laws.
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
cars.
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
schedules
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
time.
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-
cations.
• 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-
tion.
• 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
approval.
When approved by EPA, a source
compliance schedule becomes part of
the State's implementation plan for
meeting the national air quality stand-
ards.
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
standards.
-------
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-
son.)
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
change.
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
controls
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-
pooling.
• 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-
ards.
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
agencies.
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
emissions.
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
cleaner.
-------
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.
10
-------
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.
11
-------
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
State."
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.
12
-------
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
plan.
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-
13
-------
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
cleaner?
Tell it like it is, the good and the
bad. Use the State implementation plan
as a checklist against which to measure
progress.
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
program.
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-
14
-------
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-
ment.)
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-
ment.
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
record.
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-
pect.
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
15
-------
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
coverage.
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."
16
-------
APPENDIX A
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
responses.
PHOTOCHEMICAL OXIDANTS—Photo-
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.
17
-------
APPENDIX B
PLAN FOR COMPLIANCE
of
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
acts:
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.
18
-------
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
afterburners.
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
Recommendations
Approval of the foregoing Plan for Compliance is hereby recommended by the
Division of Air Quality Control of the State Department of Health.
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY THIS Albert Johns, Chief
.DAY OF 19 Division of Air Quality Control
Hotlanta State Department of Health
SPECIAL ASSISTANT ATTORNEY
GENERAL
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
19
-------
APPENDIX C
Public Information
Title 40-PROTECTION
OF ENVIRONMENT
Chapter I—Environmental Protection
Agency
PART 2-PUBLIC INFORMATION
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
below.
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).
WILLIAM D. RUCKELSHAUS,
Administrator.
NOVEMBER 30, 1971.
Sec.
2.100 Scope.
2.101 General policy.
2.102 Procedures applicable to the public.
2.103 Agency procedures in response to
request.
2.104 Duties of responsible EPA office.
2.105 Exemptions.
2.106 Determinations by the Office of the
General Counsel or a Regional
Counsel.
Sec.
2.107 Determinations by the Office of Public
Affairs.
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
identification.
(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
Offices:
(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.
20
-------
(9) Region IX. (Arizona, California, Hawaii,
Nevada, American Samoa, Guam, Trust
Territories of Pacific Islands, Wake Island),
760 Market Street, San Francisco, CA
94102.
(10) Region X. (Alaska, Idaho, Oregon,
Washington), 1200 Sixth Avenue, Seattle,
WA 98101.
§ 2.103 Agency procedures in response to
request.
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-
bility.
§ 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
privacy;
(7) Investigatory files compiled for law
enforcement purposes except to the extent
available by law to a party other than an
agency;
(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
21
-------
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
section.
(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.
552(a)(3).
§ 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
OF ENVIRONMENT
Chapter I—Environmental Protection
Agency
PART 2—PUBLIC INFORMATION
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
22
-------
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
review.
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-
23
-------
ing publication in the FEDERAL REGISTER (6-
12-72):
1. The table of contents at the beginning
of Part 2 is amended by inserting therein in
sequence:
Sec.
2.107a Trade secrets and privileged or con-
fidential information.
2. A new § 2.107a is added, reading as
follows:
§ 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-
graph.
(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
24
-------
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
2.107a.
*****
WILLIAM D. RUCKELSHAUS,
Administrator,
Environmental Protection Agency.
MAY 10, 1972.
[FR Doc. 72-7346 Filed 5-12-72; 8:51 am]
APPENDIX D
Prior Notice of Citizen Suits
Title 40-PROTECTION
OF ENVIRONMENT
Chapter I—Environmental Protection
Agency
PART 54-PRIOR NOTICE OF CITIZEN
SUITS
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:
Sec.
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
actions.
§ 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-
25
-------
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
occurred.
(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,
Administrator,
Environmental Protection Agency.
[FR Doc. 71-18006 Filed 12-8-71; 8:49 am]
26
-------
APPENDIX E
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
Ecology
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
Statehouse
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
27
-------
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
Commission
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
Control
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
Conservation
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
28
-------
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
Commission
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
APPENDIX F
Bibliography
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
seq.)
• EPA, "The National Primary and Sec-
ondary Ambient Air Quality Standards"
42 Code of Federal Regulations, Part
410, 36 Federal Register 8186 (April 30,
1971)
• 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
$1.75)
—Carbon Monoxide, GPO No. HE 20.
1309:62
—Photochemical Oxidants, GPO No. HE
20.1309:63
—Hydrocarbons, GPO No. HE 20.1309:
64
—Nitrogen Oxides, GPO No. EP 4.9:84
—Particulate Material, GPO No. FS 2.93/
3:49
—Sulfur Oxides, GPO No. FS 2.93/3:50
• Control Technique Documents: (Price
$1.75)
—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:
65
—CO,NO,<, and Hydrocarbons Emissions
from Mobile Sources, GPO No. HE 20.
1309:66
•—Nitrogen Oxide Emissions from Sta-
tionary Sources, GPO No. HE 20.1309:
67
—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
cents)
• 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
29
-------
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
copy.)
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)
APPENDIX G
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.
02203
617-233-7223
New York, N.Y.
10007
212-264-2515
Philadelphia, Pa.
19106
215-597-9370
Atlanta, Ga.
30309
404-526-3004
Chicago, 111.
60606
312-353-5800
Connecticut, Maine,
Massachusetts, New
Hampshire, Rhode Island,
Vermont
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
75201
214-749-1151
Kansas City, Mo.
64108
816-374-5495
Denver, Colo.
80203
303-837-4905
San Francisco,
Calif.
94111
415-556-6695
Seattle, Wash.
98101
206-442-1203
Arkansas, Louisiana, New
Mexico, Oklahoma, Texas
Iowa, Kansas, Missouri,
Nebraska
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,
Washington
30
------- |