DOCUMENT RESUME

ED 079 072 SE 016 134

TITLE Clean Air. It's Up to You, Too.INSTITUTION Environmental Protection Agency, Washington, D. C.PUB DATE Mar 73NOTE 36p.

EDRS PRICE MF-$0.65 HC-$3.29DESCRIPTORS Activities; *Air Pollution Control; *Citizen

Participation; Community Action; *Environment; *GroupDynamics; *Guidelines; Law Enforcement; Organizations(Groups); Social Action

Opportunities for citizen participation in federalenvironmental deci-ions relative to air pollution and its control areassessed in this booklet. The Environmental Protection Agency (EPA),as the federal agency charged with enforcement of the Clean Air Act,offers guidelines for responsible citizen action. Designed for groupsalready organized and active in pursuit of cleaner air, the bookletassumes that a citizen group or coalition already has some experienceand sophistication in air pollution control. Knowing what to do isthe main topic of discussion. This includes becoming informed,fighting for funds, knowing the law, using the state plan for airpollution control, checking source compliance schedules,understanding transportation controls, and itilizing other availabletools. Knowing the deadlines and exceptions as well as legal rightsare also considered. The final segment relates techniques which maybe used to spur enforcement of state implementation plans, inparticular, radio and television broadcasts and testifying at publichearings. Appended material compiles National Air Quality Standards,a sample Source Compliance Schedule, rules pertinent to publicinformation and prior notice of citizen suits, a list of state airpollution control agencies and EPA Regional Offices, and abibliography. (BL)

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44system of opportunity for citizen

participation in Federal environmental decisionsis providing de facto what has been termed 'themost advanced environmental ombudsman systemin the world', It is up to the citizens to availthemselves of these constructive opportunities."

William D. Ruckelshaus- ADMINISTRATOR

Clean Air.It's up toyou,too.

MARCH 1973

U.S. ENVIRONMENTAL PROTECTION AGENCYWASHINGTON, D.C. 20460

Contents

Where We Are in Air Pollution Control 1

What You Can Do .... ,.., ... ... . , 3

Get Informed Fight for Funds Know the LawUse the State Plan Check Source Compliance

Schedules Understand Transportation Controls OtherTools

Know The Deadlines and Exceptions .. , . , . , . .10Your Legal Rights .. ..... , . . . .... , . , 12Telling Your Story .- 13

On the Air Public HearingsSumming Up 16

Appendix ANational Air Quality StandardsAppendix BSample Source Compliance ScheduleAppendix C--Public InformationAppendix D--Prior Notice of Citizen SuitsAppendix EState Air Pollution Control AgenciesAppendix FBibliographyAppendix (; EPA Regional Offices

Where we arein air pollution control

T he countdown for cleaner air is

under way. The 1970 amendmentsto the Clean Air Act broadened andaccelerated the Nation's earlier air pol-lution control program. The law estab-lished a new strategy for air pollutioncontrol and established new timetablesfor action.

The law reaffirmed that State andlocal governments have the primary re-sponsibility to control air pollution. The1970 amendments also laid the founda-tion for a cooperative Federal-Stateprogram and strengthened the Federalgovernment's role in air pollution con-trol.

The first phase of the countdownbegan on April 30, 1971, when theU.S, Environmental Protectioa Agency(EPA) established national ambient airquality standards for the six most com-mon air pollutantssulfur oxides, parti-culates, carbon monoxide, photochemi-cal oxidants, hydrocarbons and nitrogenoxides. (See Appendix A.)

The law required each State to holdpublic hearings to adopt an "implemen-tation plan" to meet the air qualitystandards and to submit that plan toEPA for review and approval.

EPA was required to either approvethe State plan, or send it back for im-provement. EPA completed its reviewon schedule and, on May 31, 1972, ap-proved the first of the State plans thatmet Federal requirements.

Thus began phase two of action forclean air under the 1970 law. TheStates now have until mid-1975 (1977

under certain circum ,ances) to meetthe first of "primary" air quality stand-ards that establish how clean the airmust he to safeguard human health.Within a "r' isonable time" after 1975,the States must meet "secondary" stand-ards, which are usually more stringentthan primary standards and establishhow clean the air must be to preventdamage to clothes, buildings, metals,vegetation, animals, etc,

(EPA continues to study the effectsof air pollutants on public health andwelfare, and is authorized to revise na-tional ambient air quality standards andto issue standards for other pollutantsIf a revised or new standard is issued,the entire proccsspublic hearings,adoption of implementation plans, EPAreview and enforcementmust be un-dertaken anew.)

Each Statc implementation plan de-tails the actions the State is ,'ready tak-ing, or intends to take, within the dead--In.:Is set by both the Clean Air Act andEPA regulations. Each implementationplan is, in effect, a commitment by theState 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 threatto public health and well-being.

Recognizing this, literally thousandsof citizens participated in the publichearings held by the States before theyadopted their implementation plans. In

addition, thousands of citizens, individ-ually and more often through voluntarycivic organizations, have taken part inhearings, meetings, workshops, educa-tional and even political activities tobroaden public understanding of airpollution and to stimulate governmentand industry action for cleaner air. In-deed, citizen concern and citizen actionhelped generate the new air pollutioncontrol laws, both Federal and State,that now must be carried out,

Citizen organizations working forcleaver air have served notice that theyintend 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 beeffective without citizen support, coop-eration and involvement. This is espe-cially true in pollution control, whichoften requires changes in attitudes andvalues in order to change the pattern ofpollution and business as usual. Organ-ized citizen groups, with their healthyskepticism, have demonstrated theirgreat capacity to focus public attention

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on what must be done to combat airpollution, and to prod and stir govern-ment and industry to action.

As tht: Federal agency charged bylaw will- enforcement of the Clean AirAct, EPA welcomes citizen support andprodd'ng. And to make this process asproductive as possibleto producecleaner air on scheduleEPA offersthese guidelines for responsible citizenaction.

Designed for groups already organ-ized and active in pursuit of cleaner air,,this booklet assumes that a citizengroup or coalition already has some ex-perience and sophistication in air polh-tion control. Some groups may find thistoo elementary; some. not elementaryenough. For groups or inCividuals notyet involved in air pollution control,suggestions on how to organize andhow to get involved are found in thepublications 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.

24t What you can do

Concerned citizen organizations canundertake 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-qtate funds, staff and legal authority tocarry out the State's implementationplan.

2. They can support the controlagencies and encourage and stimulatepolluters to move steadily and speedilytoward compliance with requirementsof the implementation plan,

3. They can keep the public in-formed, on a continuing basis, of theprogress of the pollution control pro-gram.

Responsible, informed citizen groupsare uniquely qualified to carry out thesemissions. Independent of both govern-ment and industry, they can objectivelyevaluate the performance of both. Theycan focus public attention on what isand what is not being done. And be-cause they reflect and articulate thepublic'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 memberof a citizens' organization seeking toclean up the air in your community.What should your group do to carryout the missions listed earlier?

Get informedFirst, your group needs certain basic

information If you haven't alreadydone so, secure the following docu-

ments aad become thoroughly familiarwith them:

Your State's approved implementa-tion plan. (Available from the State orlocal control agency.)

EPA's comments on the plan.(Available from your State or localcontrol agency or EPA.)

The text of the Clean Air Act of1970. (Available from EPA.)

The texts of your State and localair pollution control laws and regula-tions. (Available from the control agen-cies.)

An inventory of major sources ofair pollution in your community.(Available from the State or localagency.. Access to this data may requirespecial computer runs.)

EPA's requirements for implemen-tation plans as published in the FederalRegister, August 14, 1971, and revisedon October 23 and December 30, 1971,December 9, 1972, January 12, 1973and subsequently. (Available from EPA.)

If it hasn't already done so, your citi-zen group should establish good work-ing relationships with the director andstaff of the State and local controlagency. (Many States have delegatedauthority for air pollution control tolocal governments, but the State re-mains responsible under the Clean AirAct for assuring that appropriate actionis taken.) State and local control agen-cies are the prime sources of informa-tion on local control problems. Citizengroups need their help and cooperation

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and, in turn, the agencies need the sup-port and cooperation of these groups..

Your group should knob the statusof air pollution control in your commu-nity., What has been done to remedy airpollution problems? What remains to bedone? What emission reductions areneeded to meet national ambient airquality standards? This informationshould be available from your State andlocal control agency, for they either hadsuch information or assembled it inorder to prepare the implementationplan suomitted to EPA.

With this background information,your group is ready to begin.

Fight for fundsHow much money and staff do your

State and local control agencies have towork with? How much de they need?The control agency itself is the bestsource for this information and isusually happy to provide it. In fact, theState implementation plan submitted toEPA spells out the resources availableto the State and local agencies. Theplan also lists the additional resourcesthe agencies need over the next fiveyears and how much the agencies ex-pect to receive. EPA's comments on theState plan may contain useful informa-tion on budget needs.

One of your group's fundamentalmissions should be to see that the Stateand local governments provide adequatefunds and staff to enable the controlagencies to do their jobs. This meansmaking sure that appropriations for theagencies get high priority in your Statelegislature and in your city or countycouncil. This means making sure thatyou learn whether your Governor andlocal goverrinent executive release ap-propriated funds for the agencies. Thismeans making sure that your Statecomplies with Federal requirements sothat it can get its full share of moneythat Congress provides to help Stateand local control agencies.

This also means making sure thatyour control agencies establish salarylevels high enough to attract and keep

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qualified personnel. (One citizen groupsparked a study of its agency's salaryscale, found it was below national aver-ages and campaigned successfully toupgrade salaries

Your citizen group should use everypossible technique to assure that publicofficials at all levels of government pro-vide adequate funds and staff for con-trol agencies. The best-written laws andregulations are useless if money andstaff are not available to enforce them.And enforcement is the name of thegame.

Know the lawThe EPA-approved State implemen-

tation plan specifies the legal powersthe State has to enforce the plan. EPA'scomments on the plan may suggest cer-tain changes and improvements in Statelaws. Your citizen group should knowwhat's expected and what changes, ifany, need to be enacted by your Statelegislature.

In brief, State law must give yourState agency authority to:

I. Adopt emission standards and lim-itations and any other measures neces-sary to attain and maintain nationalambient 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 preventsubstantial endangerment to health inthe event of an air pollution episode.

4. Prohibit the construction, modifi-cation or operation of any stationarysource of air pollution if its emissionswill prevent national air quality stand-ards from being achieved and main-tained.

5. Obtain all information necessaryto determine if air pollution sources arein compliance with laws, regulationsand standards. This includes requiringpolluters to keep certain records andempowering the State agt..ncy to inspectand test pollution sources.

6. Require factories, power plantsand other stationary sources of air pol-

lution to monitor their emission, andreport the nature and amounts of emis-sions to the State agency IThe Stateagency must by empowered to makethis monitoring information available tothe public.

In additio4, if a State's plan for con-trolling air pollution includes inspectingand testing motor %chicks, other trans-portation control measures or land-usecontrols, and if the State agency is notyet empowered to do these things, theimplementation plan must spell out thesj;:jt!'t.. /mu-table for enactment of theselaws.

Your citizen group should be as fa-miliar with these State laws as are thecontrol agency and polluters. Without

If all else fails

WIdle the Clean Air Act givesStates the main responsibilityfor bringing the air we breatheto healthful and safe levels,the Act also provides that EPAmay take action if the Statesdo not. For example;

EPA may,, after a 30-daynotice, issue an administrativeorder or take civil action againstanyone violating the require-ments of an implementationplan. Criminal penalties forknowing violations range up to$25,000 a day and one yearin prison for tne first offense,and up to $50,000 a day andtwo years in prison forsubsequent violations.,

EPA may enforce all or portof a State plan if a State is notwilling or able to do so.

And EPA ff 73" seekemergency court action to stoppollution if an air pollutionepisode threatens "imminentand substantial endangerment"to public health.

this knowledge. .m cannot determinewhat can he done, what must he doneand w hat new laws ma be needed toimproc air pollution control

You should also be familiar with theadmine,tratie procedures used by Stateand local control agencies to ego' ce

regulations Streamlined procedures,with an adequate- legal staff. can en-hance the 2f CCI'VelleY, of the pollutioncontrol program.

In brief, your objective should be tosee that our control agency has ade-quate legal powers and manpoweranduses diem.

Use the state planYour State's approach to air pollu-

tion control can take several forms, de-pending on specific problems in yourarea. Your group should he thoroughlyacquainted with your State's controlstrategy It's detailed in the State imple-mentation plan approved by EPA; andit's discised by EPA in its commentson your State's plan. Your State's con-trol strategy must provide whateveremission reductions are necessary to re-duce air pollution to the safe levels es-tablished by EPA in the national airquality standards. For instance:

The State plan may call for changesin industrial processes. It may regulatethe siting of new factories. It may limitthe use of certain fuels It may involvetax incentives to encourage pollutioncontrol. It may call for eliminatingwhat economists call "disincentives,"such as tax laws that discourage pollu-tion control. It may involve changes intraffic flow, banning automobiles fromcertain sections and encouraging greateruse of mass transit instead of privatecars.

But in most areas, a key air pollutioncontrol strategy will he dir-ct limits onemissions from specific sources. of pollu-tion And the heart of this strategy isthe comp/iance sc liedule that your Stateis required to negotiate with each majorpolluter covering the six air pollutantsfor which national ambient air qualitystandards have been established.

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Check source complianceschedules

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 reduceemissions over a specified period oftime.

Each compliance schedule that allowsmore than one year for final implemen-tation must provide legally enforceable"increments of progress"steps thatwill be taken to insure compliance bythe final deadline Typically, a compli-

rance schedule should contain:A deadline dRte lot the polluttr to

Submit a final air pollution control planto the control agency.

A date or dates for the polluter tosign contracts for the purchase of emis-sion control systems or process modifi-cations.

A date or dates for the beginningof on-site construction or installation.

A date for the completion of thenew construction or process modifica-tion.

N date for final compliance, (Onekind of compliance schedule is shownin Appendix B, but some States mayuse a different format.)

Some control agencies have alreadynegotiated source compliance scheduleswith polluters. Those that have not,must do so and submit them to EPA forapproval.

When approved by EPA, a sourcecompliance schedule becomes part ofthe State's implementation plan formeeting the national air quality stand-ards.

Under EPA regulations, each State isrequired to hold a public hearing beforeadopting a compliance schedule andsubmitting it to EPA. The State is alsorequired to give at least 30 days' publicnotice of the hearing and to make theproposed compliance schedule availablefor public evaluation and comment inadequate time for the public hearing.

Your group should urge your controlagency, to negotiate the required com-pliance schedules as quickly as possible.

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Use )our influence to see that com-pliance schedules require speedy hatreasonable progress toward the ultimategoal of reducing emissions so thatstandards are met.

All available information from thecontrol agency and the polluterexceptfor trade secretsshould he subject topublic scrutiny. Is the best availabletechnology being used to abate pollu-tion? Will it be installed fast enough?And will it meet emission standards? Isthe compliance schedule clear-cut withfirm deadlines for action?

The public should have access to thisinformation. The public has a right toinfluence agreements reached by thecontrol agency and polluters, If a pollu-ter is being recalcitrant, let the publicknow.; Public opinion can helpstrengthen the control agency's negotiat-ing position. It is the public, after all,that bears the cost of air pollution andits control..

Your group should obtain and study

One question that's oftenraised and often confused is thedifference between an airquality standard and an emissionlimitation or standard. Assot e compliance schedulesan lther control methods areput into effect, it's importantto understand the difference.

An ambient air qualitystandard is a limit on the amountof a given pollutant permittedin the air around us.

An emission standard orlimitation is the maximumamount of the pollutant thatmay be discharged from aspecific source.

Thus, emission standards orlimitations in source complianceschedules are used to achievenational ambient air qualitystandards.

each proposed compliance .y.heduleprior to the public hearing. If you deemit adequate, you ma) want to preparecomments supporting it. If, in youropinim , it is inadequate, you shouldrecommend changes and improvements.And if you wish to participate in thepublic hearing, your group should in-form the control agency in advance thatyou plan to testify. Some States requirethat you request pc,mission to testify orat least notify the agency in advance, soit can plan the agenda, reserve an ap-propriate meeting room, etc. In anyevent, )our group should give notice ofyour intention to participate as a matterof courtesy and cooperation with thecontrol agency.

Subject to EPA approval, a Statemay use its own procedures to meet thepublic hearing requirements of theClean Air Act. States may use a "pub!fcmeeting" when feasible and appropriateinstead of a more formal "public hear-ing" which in some States is rigidly andlegally defined.. But whether at a "pub-lic hearing" or a "public meeting", citi-zens must be allowed to participate,must be given adequate advance noticeand must have advance access to theproposal to be considered,

(Incidentally, your group askthat the control agency's public hear-ings be scheduled for evenings or week-ends to permit maximum citizen partici-pation. Schedule your own meetings onevenings or weekends for the same rea-son.)

Once negotiated, signed and ap-proved by EPA, compliance schedulesbecome yardsticks to measure actualprogress toward cleaner air. Your groupshould know the deadlines in the com-pliance schedules and check to see ifthose deadlines are met. Your groupshould report to the public periodicallyon this, with praise for progress andcriticism for failure.

Except under certain conditions,EPA requirements prohibit a controlagency from granting any variance orexception to a compliance schedule if itwould prevent or interfere with attain-ing and maintaining a national air qual-ity standard within the time specified in

the implementation plan. If a proposedchange in a compliance schedule is

likely to prevent the polluter fromachieving compliance b) the final dead-line, the control agency must hold apublic hearing. And once again, thecontrol agency must give adequate no-tice of the hearing and the proposedchange..

Your group should arrange tc be no-tified in advance of all public hearingsheld by your control agency, shouldroutinely monitor those hearings, andwhen necessary, should participate.

Because a compliance schedule be-comes part of a State's implementationplan, any variance or change must beapproved by EPA. In fact, any revisionin any part of the implementation planmust be approved by EPA.

A State itself may want to revise itsimp!.rnentation plan as it gains experi-ence with it, of course.. But your groupshould keep in mird that EPA requiresthat State plans be revised under certainconditions. For example: if EPA re-vises a national air quality standard, theStates must revise their plans accord-ingly. If better methods of attaining na-tional standards are developed, theStates may be required to revise theirplans to take account of these new orimproved methods. And if EPA findsthat a State plan is substantially inade-quate to attain or maintain a nationalstandard, the State must revise and im-prove its plan.

Keep in mind, too, that before mak-ing any revision their implementationplans, the Stat are required by theClean Air Act t give public notice andhold public hea.ings, as they did beforeadopting their original plans.

The number of compliance schedulesnegotiated by each State will depend onthe number of major sources of pollu-tion.. If there are many in your area,your groupunless it is large enough tooversee all or most of them shouldfocus on those that will do the most toassure that national standards are meton time. A good guide to the majorpollution sources in your community isthe emission inventory available fromy-itir control agency, The Control agency

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can advise your group on which majorsources need the most attention.

EPA requires that a complianceschedule designed to met a primarystandard must do so "as expeditiouslyas practicable," but not later than threeyears after it's approved by EPA. Cer-tain exceptions arc permitted;, these arediscussed on Pages 10-11.

Understand transportationcontrols

The Federal-State campaign forcleaner air includes controlling air pol-lution from motor vehicles. This in-volves two approaches.

First, the Clean Air Act requiresmanufacturers to reduce emissions fromnew cars and trucks to prescribed lowlevels by 1975 and 1976. In somedensely populated metiopolitan are s,with heavy concentrations of motor ve-hicles and chronic traffic congestion,however, motor vehicles will still causea serious air pollution problem evenwhen car and truck emissions arebrought down to Federal standards

In these areas, a second approach-transportation controls--will he needecto reduce air pollution from motor ve-hicles. Such controls could include:

Reducing the total number of carson streets and highways by banningsacet parking, increasing parking fees,graduating parkog fees and tolls ac-cording to tile number of passengersper vehicle and other incentives to car-pooling.

Speeding traffic floss by convertingsome streets and highways to one-wayroads,, setting up express lanes for com-muter buses and staggering workinghours to curb rush-hour traffic volume.

Improving public transportatr , byupgrading present systems or desc op-.ing new mass-transit facilities

Requiring emission control deviceson older cars.

Testing and inspecting motor vehi-cles to make sure emission control de-vices are operating pioperl, and pro-hibiting the use of %chides that failsuch tests

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Requiring fie . buses,trucks, government f ,, to convertto less polluting gaseous fuel systems(liquefied petroleum gas, liquefied natu-ral gas, etc )

Using land-use controls to governthe location of new highways, parkingareas and developments likely to con-tribute to dense tiaffic, with considera-tion of community air cuality built intothose decisions.

Approximately 14 heavily populatedmetropolitan regions in 18 States areconsidering transportation controls toach,cse the national air quality stand-ards.

Citizen groups in regions wheretransportation controls are requiredshould become familiar with their con-trol agency's proposals, should take partin public hearings on those proposalsand should help muster public under-standing and support for adequate con-trol plans so they can be implementedon schedule.

Citizen groups should also obtain theresults of transportatior studies thatEPA is conducting in several cities incoc,leration with State and local controlagencies.

Other toolsThe State s implementation plan con-

tains other aids that your group can useto see how the plan is being enforced.For c \ample:

EPA requires a State agency to sub-mit quarterly reports on air Qv:4E1y andsemiannual reports on progress underthe implementation plan. These reportswill provide a measure of progress to-ward cleaner air. They must he madeavailable to the public. Your citizen or-ganization could obtain them, evaluatethem and help make the public awareof the information they contain.

EPA requires a State agency to ob-tam from polluters whatever informa-tion is necessary to determine if theyare in compliance. The State agency isrequired to inspect and test pollutionsources. It must also require pollutersto monitor P n d report on their ownemissions. This information must also

be made public in understandable form.That is, emission data must show actualor estimated emissions vs. allowableemissions.

EPA also requires the State agencyto have an air quality monitoring sys-tem for emergency episodes; it must bein operation no later than one yearafter the implementation plan is ap-proved, The State agency must also

have a broader monitoring system inoperation no later than two years afterapproval of the implementation plan.

Your group can check to see if thosemonitoring systems are adequate and inoperation on schedule. Monitoring datamust be made available to the public, soyou can also check to see if the air inyour community is indeed gettingcleaner.

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Know the deadlinesWa and exceptions

T he Clean Air Act of 1970 containsdeadlines for action to achieve

cleaner air, However, the law permitscertain extensions and postponements.For example:

Primary StandardsThe law requiresa State to meet national primary airquality standards "as expeditiously aspracticable," but no later than threeyears alter an implementation planis approved. However, the law allowsa Governor, at the time the State sub-mits its implementation plan, to requestan extension to five years for heavilypolluted areas. EPA is authorized togrant this extension if the State showthat one or more pollution sources willbe unable to comply within three yearsbecause necessary control technology isnot available. But the State must meetthe primal) standards within five years.

Secondary .StandardsThe Clean AirAct requires a State to meet second-ary standards within a "reasonabletime" after implementation plan ap-proval. For controlling sulfur oxidesand particulates, "reasonable time" isdefined as not longer than three yearsunless there's good cause for postpone-ment. And if good cause is shown, or ifreasonably available control technologywill not permit the secondary standardto be reached, "reasonable time" willdepend on the degree of emission re-duction needed to achieve the standardand the social, economic and technicalproblems involved in doi"g so.

(Note: EPA granted several Statestwo-year extensions to meet primarystandards foi sonic pollutants. and 18-

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month extensions to meet secondarystandards for some pollutants. The ex-tensions were subsequently challengedin Federal Court by the Natural Re-sources Defense Council. Final courtdecision was still pending as this publi-cation was printed in early 1973. Checkyour control agency, or EPA. to find out

Need information?

W hat's the status of thei plementation plan to reduceair pollution in your community?What can be done to assureits effectiveness? What can youdo to assure its success?

State and local air pollutioncontrol ak.ncies are the primesources of this and otherinformation. For a list ofState control agencies seeAppendix E.

Additional information isavailable from the U.S.Environmental ProtectionAgency., Specialists in publicaffairs and in air pollutionprograms can be contacted atEPA regional offices (seeAppendix G). Inquiries can alsohe directed to EPA's Officeof Public Affairs, Washington,D.C. 20460.,

it your State was given an extension andto find out the effect of the court chal-lenge on the status of the extension.)

Source ComplianceThe Clean AirAct also allows a Governor to ask EPAfor a one-year postponetnent in apply-ing its control strategy to a specificsource. EPA must grant the extension ifit determines.

that "good faith" efforts have beenmade to comply with the original plan,

hat the particular source forwhich the extension is soueht is unableto comply because the "necessary tech-nology" or alternative control methodsare not available,

that the State will use other meansto reduce the impact on public healthof emissions from the source, and

that continued operation of thepollution source is essential to "nationalsecurity" or to public health or welfare.

EPA will hold a public hearing onany request for a one-year postpone-ment, but not earlier than one year be-

fore the originally scheduled date forcompliance. EPA's decision on any re-

e

quest for a one-year postponement maybe appealed in Federal court "by anyinterested person."

(A one-year postponement on sourcecompliance differs from a variance. Avariance is usually requested by a pollu-ter. A postponement must he requestedby a Governorin effect. on behalf ofa polluter.)

Your citizen group should makeevery effort to learn if your State in-tends to seek one-year postponement ofcompliance for any polluter. Obtain allavailable information and determine ifa postponement is justified. Seek cleardefinitions of such terms as "goodfaith " and "necessary technology."

If you think a postponement is notjustified, explain why. If the agencynevertheless seeks the postponement,present your case to the Governor; hemust 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, ofcourse, EPA's decision can be appealedto the courts.

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gra Your legal rights

T he Clean Air Act makes severallegal tools available to citizens. As

already noted, any interested personcan go to court to challenge a sourcecompliance postponement granted byEPA. Also, EPA and State and localcontrol agencies must make informationon air quality and emissions available tothe public. (See Appendix C.)

In addition, the 1970 law gives any"person" the right to bring a civil suitagainst any other "person" violating anemission standard or limitation underthe 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 aState."

The Act also gives individuals theright to file suit against the EPA Ad-ministrator if he fails to perform amandatory act required by law.

By giving citizens this broad right tosue, the Clean Air Act provides aweapon of last resort to compel actiontoward cleaner air. There are someconditions on this right, however:,

Anyone intending to bring suitunder the Act must give 60 days' noticeto the EPA Administrator, to the Statein which the alleged violation occursand to the alleged polluter If a viola-tion of a hazardous pollutant standardor enforcement order issued by EPA isalleged, the suit may be brought imme-diately after giving notice, without wait-ing 60 days. (See Appendix D.)

Citizens cannot file suit if EPA orthe State "has commenced and is dili-

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gently prosecuting a civil action"against a violator to require compli-ance. However, anyone may intervenein such a Federal or State suit. AndEPA may intervene in any suit broughtby citizens or a State.

The Clean Air Act authorizes a courtto award the costs of litigation, "includ-ing reasonable attorney and expert wit-ness fees," to any party in a suit, as thecourt thinks appropriate. And a courtmay require the person filing suit topost a bond.

Citizens have long had the right tofile suit under nuisance laws for dam-ages to health and property caused by apolluter. That right is not taken awayby the Clean Air Act. What the Actdoes is extend the legal rights of citi-zens by giving them the additional rightto sue a polluter for violating a compli-ance schedule, to sue a State or localcontrol agency for failing to enforce itsregulations and to sue EPA.

The possibility of a citizen suit canstimulate polluters and governments tocomply with control laws and regulations.

Two other Federal laws also offer cit-izens legal tools that can be helpful incampaigns for cleaner air. They are theNational Environmental Policy Act of1969 and the Freedom of InformationAct of 1966. Some States have enactedsimilar legislation.

A note of caution, however, for citi-zen groups that believe they have noalternative but to take court action: doso only with competent legal assistance.Consult lawyers in your organizationor nearest public-interest law group.

ZU Telling your story

A wide range of educational techniquescan be used by citizen groups to

spur enforcement of State implementa-tion plans for cleaner air. These includenewslettIrs, press releases, newspaperads, workshops, seminars, testifying atpublic hearings held by control agenciesand legislative bodies, sending speakersto appear before other organizations andwriting letters to the press and publicofficials. (These and other techniquesare discussed at greater length in an-other EPA publication, "Don't Leave ItAll To The Experts.")

Indeed, the success achieved by manyresponsible citizen organizations in get-ting their story before the public dem-onstrates that most need little guidanceon how to communicate. Many use thetalents and skills of members who areexperienced public relations practition-ers. Many groups have long maintainedgood relations with the press in theircommunities, and there is no need hereto emphasize how this is done.

On the airOne avenue of communication not

widely used by citizen organizations isthe broadcast mediaradio and televi-sion. They should be used, for they offercitizen organizations powerful forms ofpublic communication on the success orthe failure of a State's implementationplan.

Commercial radio and television sta-tions are required by the Federal Com-munications Commission to make avail-able to community organizations andcauses a certain amount of "public serv-

ice time," Your group should explorethe availability of public service time.

Public radio and television stationsalso should be contacted. They devoteconsiderable time to community pro-grams, and often seek to present publicdiscussion of commurqy problems.

The progress of your State's imple-mentation plan to achieve cleaner air inyour community may well be a subjectpublic radio or television would like tocover, perhaps as a monthly report tothe public.

Still another resource that should notbe overlooked is the college and univ-ersity radio station. Student broadcast-ers quite often arc sympathetic to envi-ronmental improvement.

Fine, you might say, but how doesyour 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 andtelevision stations in your communityand ask them for broadcast time.

If the answer is yes, what do you do?How do you put together a suitableshow? The station program staff willhelp, of course, ')tit you might keepthese guidelines in

1., The program should have a clearobjective:, to inform the public on howthe State's implementation plan is work-ing, and to stimulate action for cleanerair. People know air pollution is a prob-lem and that there are pollution controllaws; they are interested in action. So isyour group; that's why it exists. So zeroin on specifics.

Are major polluters in your commu-

13

nity meeting the deadlines called for insource compliance schedules? Does thecontrol agency have adequate funds andstaff? Are all aspects of the controlstrategy working? Are polluters cooper-ating? What problems are not yet beingtackled? When can the public expectthe air in your community to becleaner?

Tell it like it is, the good and thebad. Use the State implementation planas a checklist against which to measureprogress.

2. The program should be a balancedpresentation of the problem. Your orga-nization might "host" the broadcast, butinclude spokesmen for the controlagency and for polluters.

3. The program should give the lis-tening or viewing public a chance toparticipate.. 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 conciseand entertaining as possible. Avoid longspeeches, monologues and lectures.Avoid formal debates.

5. The program should move at abrisk pace. A 30-minute presentation ismost desirable.

6. The program should suggest spe-cific things people can do to help. Forinstance: A telephone number to call(your group's or the control agency's orboth) to report a suspected air pollu-tion violation; tips on how to conserveelectricity, thereby helping to reducepower plant pollution; time and placeof important public hearings to attend;names and addresses of public officialsto write to on pending decisions, bills,appropriations, etc., related to air pollu-tion control;, information on what to doin the event of an air pollution episode..

7. While you might consider the pro-gram "your show," the broadcastingstation is responsible for what goes onthe air, Make suggestions, of course,but respect the rights and responsibilitiesand the professional experience of thestation's staff.

8. A television program needs visual

14

material Try to include films and stillphotographs in order to reach theviewer through his eyes and ears.

9. The program should relate air pol-lution to people. Without scaring peopleinto a sense of futility and hopelessness,present the effects of air pollution onhealth to dramatize the importance ofaction for cleaner air.

10. The program should be credible.Participants should know what they'retalking about. If someone doesn't knowthe answer to a question, he or sheshould say soand get it for the nextprogram.

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, solidwaste disposal, noise, radiation, pesti-cides, recreation, open space, transpor-tation, land-use planning and .. oning,wildlife, population control, water sup-plythese, along with air pollution, areparts of the total condition of the envi-ronment in your community.

Some radio and television stationsmay prefer a periodic appraisal of thecommunity's environment, P sort ofmonthly reading of the environmentalquality index. If your group is not prepared to provide expertise beyond airpollution problems, work with other cit-izen organizations that know thosefields. You may want to involve othercitizen groups anyway, to widen thebase and appeal of your proposed radioor television programs.

This outline only skims the surface,of course. The possibilities are limitedonly by the imaginations of those devel-oping the program. As many citizen or-ganizations do, your group should seekall possible assistance from members orsympathetic outsiders who are profes-sional communicators.

Public hearingsAnother way to communicate with

the public is to testify at public hear-ings. Your objectives should he two-fold: (1) to get your views before thecontrol agency or legislative body hold-

ing the hearing; (2) to air your viewsthrough the press and broadcast media.

The following suggestions are basedon the experiences of many citizen or-ganizations that have been through theearlier stages of the fight for clean air,Your group may he one of them, butyou may, nevertheless, find thesesuggestions helpful:

Before The Hearing1. Prepare a typewritten statement

and make copies.2. Prepare a press release and deliver

it at least the day befcre the hearing,with a copy of your statement. Be sureboth the release and the statement aremarked "Advance CopyNot For Re-lease Until.. ." (Insert date and timewhen you expect to present the state-ment )

If possible, delver the release andstatement to your press contacts person-ally. If you can't do so, call and tellthem the release and statement are onthe way. Don't waste reporters' timediscussing or reading the release orstatement on the phone unless they askyou to.

This advance press work does severalthings:, it reminds the press that thehearing is coming up; it shows yourpress contacts that you've thought ofthem, even though they know you wantcoverage; and, if they cannot cover thehearing, at least they have your state-ment.,

At The Hearing1. Have a prepared typewritten state-

ment, with enough copies for eachmember of the committee or board orcommission conducting the hearing,plus extras for their files, and havemore copies for the press along withyour press release.

2. Be bi ref. Speak no more than fouror five minutes, but ask to have yourfull statement included in the hearingrecord.

3. Begin with your name, address,title or group affiliation, and cite othergroups, if any, that support your posi-tion and have asked yeu to say so.

4. Tell why you support, or oppose,

the subject under consideration. Givefacts to s. port your position. Don'tmake acctbations you cannot support

5. If appropriate, explain how thepublic interest is affected, v,ho 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 eachspeaker cover a different point, or ap-proach the problem from a different as-pect.

7. Speak clearlyloudly enough tobe heard, slowly enough to be under-stood, but quickly enr:ugh to keep thelisteners' attention.

8. Be prepared to answer questionsto explain your position, to explainthe purpose of your group, to explainhow your group's position was reached(executive board vote, membershipmeeting vote, mail referendum, etc.). leyou don't know the answer to a ques-tion, say so, and offer to try to get theanswer and send it in .for the record.,On rare occasions, a committee orboard member may he 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 aspossible attend the hearing. Casuallymention their presence in your openingcomments. Some call this "packing ahearing." Others call it "showingstrength 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 ornew ideas or proposals, for you may beasked 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 todisagree with you. Do not applaud orshow disapproval of any speaker.,

12. If you have written statements ofcommunity leaders, other organizations,etc., who support your position butcould not attend the hearing, ask that

15

the statements he included in the hear-ing record.

13. Thank the committee for givingyou the opportunity to testify.

After The Hearing1., Promptly prepare and submit an-

swers to any questions you were askedbut could not answer at the hearing. Ifyou think any statements made by theopposition were factually incorrect orneed. rebuttal, prepare and submit asupplementary statement for the record.But don't rehash what you said in youroriginal statement.

2, If your press contacts wrote orbroadcast stories containing your views,

phone them and thank them for thecoverage.

3. Don't complain to the Jess ifyour views weren't included in theircoverage or if you think the mveragtwas bad or that you were misquoi-Ni.

4. A few days after the hearing, send1 letter to the newspaper editor for pub-lication referring to the hearizi; andpointing out what, if anything, the pub-lic can do to help.

5, I.et your own members know whathappened at the hearing through yourorganization's newsletter or by a specialletter to all members and include copiesof press clippings, if any..

I r you have lead this far, you knowthat these guidelines add up to hard

work fot every member of your organi-zation. But hard work is precisely what'sneeded if the goals of the Clean Air Actarc to be achieved.

Government at all levels and industryhave clear responsibilities to meet ifyour community is to achieve cleanerair, and if our Nation is to carry out itsfirst truly comprehensive environmentalimprovement program. But the role ofcitizen organizations - -what might hecalled the third force for action--mustalso be fully recognized. Governmentand industry ate responsive to the viillof tln. people. And your citizen organi-zation and others like it emphasize thepeople's will to have cleaner air.

16

The Clean Air Act and other recentenvironmental laws reflect growingawareness of the vital role of citizenorganizations in achieving nationalgoals. And those laws give citizen orga-nizations unprecedented rights and toolsto pursue those goals.

Use them, for as President Nixon hassaid: "In the final analysis, the founda-tion on which environmental progressrests in our society is a responsible andinformed citizenry. My confidence thatour Nation will meet its environmentalproblems in the years ahead is based inlarge measure on my faith in the con-tinued vigilance of American publicopinion and in the continued vitality ofcitizen efforts to protect and improvethe environment."

APPENDIX A National Air Quality Standards

SULFUR OXIDES.Sulfur oxides comeprimarily from the combustion of sulfur.containing fossil fuels, Their presence has beenassociated with the increased incidence of res-piratory diseases, increased death rates andproperty damage.Primary Standard

80 micrograms per cubic meter (0.03ppm) annual arithmetic mean.

365 micrograms per cubic meter (0.14ppm) as a maximum 24-hour concentrationnot 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 beexceeded more than once a year.

1,300 micrograms per cubic meter (0.5ppm) as 3 maximum three-hour concentrationnc.t to he exceeded more than once a year.

PARTICULATE MATTER Particulatematter, either solid e- liquid, may originate inatuie or reswt from industrial processes and

other human actises By itself or in associa-tion with other polluants, particulate mattermay injure the lungs Lr cause adverse effectselsewhere in the body Particulates also reducevisibility and contribute to property damageand soiling.Primary Standard

75 micrograms per cubic meter annualgeometric mean.

260 micrograms per cubic meter as amaximum 24-hour concentration not to be ex-ceeded more than once a year.Secondary Standard

60 mircrograms per cubic meter annualgeometric mean.

150 micrograms per cubic meter as a max-imum 24-hour concentration not to be ex-ceeded more than once a year.

CARBON MONOXIDECarbon monoxideis a byproduct of the incomplete burning ofcarbon-containing fuels and of some industrialprocesses. It decreases the oxygen-carryingability of the blood and, at levels often foundin city air, may impair mental processes.Primary and Secondary Standards

10 milligrams per cubic meter (9 ppm) asa maximum eight-hour concentration not to beexceeded more than once a year.

40 milligrams per cubic meter (35 ppm)as a maximum one-hour concentration not tobe exceeded more than once a year

Both the one-hour limit and the eight-hourstandard afford protection against the oc.urrence of carboxy-hemoglobin levels in theblood of 2 per cent. Carboxy-hemoglobin levelsabove 5 per cent have been associated withphysiological stress in patients with heart dis-ease. Blood carboy-hemoglobin lesels ap-proaching 2 per cent have been associated byc-ome researchers with impaired psychomotoiresponses.

PHOTOCHEMICAL OXIDANTSPhoto-chemical oxidants arc produced in the atmos-phere when reactive organic substances, chieflyhydrocarbons, and nitrogen oxides are exposedto sunlight Photochenucal oxidants irritatemucous 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 (0.08ppm) as a maximum one-hour concentrationnot to be exceeded more than once a year.

HYDROCARBONSHydrocarbons in theair come mainly from the processing, market-ing and use of petroleum products. Some ofthe hydrocarbons combine with nitrogen ox-ides in the air to form photochemical oxidants.The hydrocarbons standards, therefore, are furuse as a guide in devising implementationplans to achieve the oxidant standards.Primary and Secondary Standards

160 micrograms per cubic meter (0.24ppm) as a maximum three-hour concentration(6 to 9 a.m.) not to be exceeded more thanonce a year.,

NITROGEN OXIDES Nitrogen o sidesusually originate in high-temperature combus-tion processes The presence of nitrogen diox-ide in the air has been associated with a varietyof respiratory diseases. Nitrogen dioxide is es-sential in the natural production of photo-chemical oxidant.

'Primary and Secondary Standards100 micrograms per cubic meter (0.05

ppm) annual arithmetic mean.The U S. Environmental Protection Agency

is examining other pollutants to determinewhether any may be covered by future airauality standards.

17

APPENDIX B

PLAN FOR COMPLIANCEof

X Y Z CompanyPlumbing and Healing Division

A.. The X Y Z Company (hereinafter referred to as the Company) hereby submitsa plan for compliance to bring the opetations of its Plumbing and Heating Div.,,ion(hereinafter referred to as the Division), 6069 Fort Timber Lane, Sinterville,Hotlanta 00001, within the requirements of 17567 and 175613 of the RegulattonsGoverning 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, toforward a Notice of Violation which may be required under Article 17, Section504 (a), (b), and (c).

C. The Company represents that such noncompliance results from the fact thatthe Division in the usual and ordinary operation of its present cupolas and auxiliaryequipment is unable to achieve the emission standards as set out in the Regulationsreferred to in paragraph (1) above

D The Company represents that on or before September 30, 1971,, the Divisionwill conduct its operation in such a manner that it will he in compliance with theregulations referred to in paragraph (l) above as they pertain to "new installations."

E. In order to assure that the Division will be in full compliance by September30, 1971, the Con-pany hereby represents that it aas or will perform the followingacts: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 primeequipment supplier and a Mr. Joseph Jones retained as a consultant.

c. Layout drawings for the prime and satellite equipment have been completedand will be submitted as part of the cupola re-registration. These will alsoinclude the dust disposal system, chargmit system and substation.

d. A request for capital expenditures, operating cost and construction scheduleshave been submitted for approval through corporate headquarters

2. On or before March 31, 1970:a. Obtain corporate approval of the entire protect.b. Sign the prime contract for the cupola emission control system.c. Complete diavdngs 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, et..b. Rework the electrical distribution system to accommodate the new substationc. Complete drawings on the charging systeni.

4. On or before September 30, 1970:a. Contract for demolition of standby cupola.b. Complete gas supply line and foundations for fan and baghousc.c. Erect dust and slag cisposal 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 lefore March 31. 1971a. Erect he quench tower.b. Comp etc 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. St at erection of the new charging systemc. Complete utility ser.ices to the control loom.

8. On or before September 30, 1,471sa. Rernose the present wet cap and install the new cupola top section with

afterburnersb, Complete installation of he charging system and building modifications.c. Complete all phases of .or. u uctron 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 ofthis Plan for Compliance exceed the emissions levels currently resulting from itsusual and ordinary op:rations.

(b) The Company further represents that it will send to the Department de-tailed progress reports coincident with the quarterly schedule outlined .n paragraph(E) above.

Witness Peter K. Wiles, PresidentX Y Z Company

RecommendationsApproval 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 ANDLEGAL SUFFICIENCY THIS Albert Johns, ChiefDAY OF 19_ Division of Air Quality Control

Hotlanta State Department of HealthSPECIAL ASSISTANT ATTORNEY

GENERAL

Approval of the foregoing Plan for Compliance is hereby recommended by theHotlanta State Department of Health.

John Smith, Acting CommissionerHotlanta State Department of Health

Approval of Plan for ComplianceUpon agreements and representations made by the Company and recommenda-

tions of the Chief of the Division of Air Quality Control and of the ActingCommissioner of Health, the aforegoing Plan for Compliance is hereby approvedthis day of 1970.

Paul CarstahlSecretary of Health

19

APPENDIX C Public Information

Title 40PROTECTIONOF ENVIRONMENT

Chapter IEnvironmental ProtectionAgency

PART 2PUBLIC INFORMATION

On August 28, 1971, notice of proposedrule making was published in the FEDERALRE.iiSTER (35 F.R. 17360) coticetning the pro-cedures to be followed by the EnvironmentalProtection Agency in making records avail-able to the public pursuant to the Freedom ofInformation Act, 5 U.S.C. 552. After con-sideration of all relevant comments and sug-gestions from interested persons, the propo edrules have been revised, and are her-'yadopted as Part 2 of Title 40, as set fm ".below.

1.fjective date. In view of the importanceof formalizing at the earliest practicable datethe procedures that the Environmental Pro-tection Agency will follow in response to re-quests for information, and in further view ofthe fact that no affected party will be requiredto alter his past practices as a result ofpromulgation of these regulations, it is foundthat good cause exists for dispensing with the30-day period normally provided for by 5U.S C. 553(d) Accordingly, these regulationswill be effective upon publication in the Fro-EkAL REIGSTER (12- 3 -71).

WILLIAM D. RUCKELSHAUS,Administrator.

Novkmamt 30, 1971.

Sec.2.100 Scope,2.101 General policy2 102 Procedures applicable to the public.2 103 Agency procedures in response to

request2.11)4 Duties of responsible EPA office.2.105 Exemptions2.106 Determinations by the Office of the

General Counsel or a RegionalCounsel.

Sec2.107 Determinations by the Office ot 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 2issued under 5 U.a.C. 552, as amended byPublic Law 90-23§ 2.100 Scope.

This part establishes procedures for the

20

Environmental Protection Agency (EPA) toimplement the provision of the Administra-tive Procedure Act (5 U.S.C. 552(a)(3))relating to the availabihty to the public ofidentifiable records contained in agency files,and not : iblished 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 fullestpossible disclosure of information to anypersoli who requests information, without un-justifiable expense or delay. Where informa-tion is exempt under 5 U.S.C. 552(b) frommandatory disclosuie, the EPA Office of Pub-lic Affairs may, pursuant to § 2.107, orderdisclosure in the public interest, unless suchdisclosure is prohibited by law.§ 2.102 Procedures applicable to the public.

(a) Form of request A request need notbe in any particular form, but it (I) must beII. writing, and (2) must describe the recordssought with sufficient specificity to permitidentification.

(b) Place of request. A request for recordsmay be filed with the EPA Office of PublicAffairs, 401 M Street SW., Washington, D.C.20460, or with any other EPA office. Requestsfor records located in the indicated States maybe filed with the following EPA RegionalOffices:

(1) Region I. (Massachusetts, Connecticut,Maine, New Hampshire, Rhode Island,Vermont), Room 2303, John F. KennedyFederal 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, Districtof Columbia), Post Office Box 12900, Phila-delphia, PA 19108.

(4) Region IV. (Alabama, Florida, Georgia,Kentucky, Mississippi, North Carolina,South Carolina, Tennessee) Suite 300, 1421Peachtree Street NE., Atlanta, GA 30309.

(5) Region V. (Illinois, Indiana, Michigan,Minnesota, Ohio, Wisconsin), 1 NorthWacker Drive, Chicago, IL 60606.

(6) Region VI. (Arkansas, Louisiana, NewMexico, 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, NorthDakota. South Dakota, Utah, Wyoming),Room 9041, Federal Office Building, 19thand Stout Streets, I)enver, CO 80202,

(9) Region IX. (Arizona, California, Hawaii,Nevada, American Samoa, Guam, TrustTerritories of Pacific Islands, Wake Island),760 Market Street, San Francisco, CA94102

(10) Region X. (Alaska, Idaho, Oregon,Washington), 1200 Sixth Avenue, Sean*,WA 98101.

§ 2.103 Agel../ procedures in response torequest.

Nithin 10 working days after receipt of arequest for records by an EPA offics. otherthan the Office of Public Affairs, such officewill forward a copy of the request (with thedate and place of receipt noteu thereon) tothe EPA Office of Public Affairs. In the eventthe office receiving the request is not theoffice resnonsible for maintaining the recordsrequested, the request shall be forwa.ded im-mediately to the office haiog such responsi-bility

§ 2.104 Duties of responsible EPA office.Within 10 wori.ing days after receipt of a

request for records, the EPA office responsiblefor maintaining the records requested will:

(a) Obtain, or ascertain the location of,the records requested. and, unless a determina-tion pursuant to § 2.106 :s required, informthe requesting party of where the recordsmay he inspected and, if ascertainable, of thecharge for furnishing copies, or

(b) Inform the requesting party that thesearch for the requested records is continuing,and advise him of the anticipated date ofcompletion of the search, and of any neces-sary subsequent extensions of such date, atwhich time (but in no event later than 30 daysafter receipt of a request for records) theprovisions of the appropriate paragraph ofthis section will be promptly followed; or

(c) Inform the requesting party that therecords sought are in the possession of anotherGovernment agency; refer the request to theoffice in such other agency where the recordsmay be found; and notify the requesting partyof such referral; or

(d) Inform the requesting party that therecords requested do not exist to the bestknowledge of the receiving office, or

(e) Inform the requesting party that therecords requested have been published in theFEDERAL REGISTER, or in any other generallyavailable publication, and furnish the citationto such publication and the place or placeswhere it may be obtained; or

(f) Inform the requesting party that dis-closure of all or part of the recordLrequestedis under review pursuant to § 2.106, andpromptly forward the request in accordancetherewith:, Provided, That with respect to anypar; of the records requested which is notsubject to review pursuant to § 2 106, actionshall be taken momptly under the appropriateparagraph of this sectior,, or

(g) I in lush such whet information or takesuch other action as is appropriate; and

('I) Advise the EPA Office of PublicAffairs of the action taken.r 2.105 Exemptions.

(a) Exempt information. Records may beexempt from disclosure, pursuant to 5 U.S.C.552(b), when they pertain to matters that are:;

(1) Specifically required by Executive orderto be kept secret in the interest of the nationaldefense or foreign policy;

(2) Related solely to the internal personnelrules and practices of an agency,,

(3) Specifically exempted from disclosureby statute,

(4) Trade secrets and commercial or finan-cial information obtained from a person andprivileged or confidential;

(5) Interagency or intra-agency memorand-ums or letters which would not be availableby law to a party other than an agency in liti-gation with the agency;

(6) Personnel and medical files and similartiles the disclosure of which would constitutea clearly unwarranted invasion of personalprivacy;

(7) Investigatory files compiled for lawenforcement purposes except to the extentavailable by law to a party other than anagency;.

(8) Contaired in or related to examination,operating. or condition reports prepared by,on behalf of, or for the use of an agencyresponsible for the regulation or supervisionof financial institutions, or

(9) Geological and geophysical informationand data, including maps, concerning wells.

(b) Procedures. The office responsible formaintaining the records requested will makea preliminary evaluation to determine whetherthey are exempt from mandatory disclosurepursuant to 5 U S.0 552(b). Whenever a isdeft:111111Md that the records requested are ormay be exempt, such office will promptly for-

ard a copy or a description of the recordsrequested, together with a brief statement ofits position with reference to the applicabilityof an exemption, and a request for a deter-mination to the Office of the General Counselat LPA headquarters, or to the RegionalCounsel for the region in which the recordsare located, and, if the information con-tamed ;n the records requested was obtainedfrom a person other than EPA, will givenotice ot 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-.!lunation, the Office of the General Counselor Regional Counsel:,

(1) Will itse the office requesting thedetermination to releas.: the records iequested,if no exemption pursuant to 5 U.S.0 552(h)is found applicable; ot

(2) Will advise the office requesting thedoe: imitation not to release the .ecords re-quested. if disclosure is prohibited b) law. or

(3) V Ili. if .1 is found that an exemption

21

pursuant to 5 U S.0 552(b) is applicable,but that disclosure is not prohibited by law.forward to the EPA Office of Public Affairsthe entire file, with an opinion as to the ap-plicability of a statutory exemption: and

(4) Will, if the information contained inthe requested records s.as obtained from aperson other than EPA, advise such otherperson of the action taken pursuant to thissection

(b) Comm/mum A determination by aRegional Counsel under paragraph (a) of thissection will be made only after consultationwith 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 GeneralCounsel or a Regional Counsel pursuant to

2 106(a)(3) as to the applicability of anexemption uncle' 5 U.S C. 552(b), the Officeof Public Affairs will determine whether therecords requested should be made mailablein the public interest, notwithstanding theapplicability of an exemption, and will

(a) Order the disclosure of the recordsrequested, or

(b) Notify the requesting party In accord-ance with § 2.109 that the iccords requestedwill not be disclosed§ 2.108 Creation of records.

Documents will not be created by compilingselected items from other documents at therequest of a member of the public, nor willrecords be created to provide the requestingparty with data ouch as ratios, proportions,percentages, frequency distribution, trends,cot relations, or comparisons.§ 2.109 Denial of requests for records.

(a) General:. If it is determined pursuantto this part that requested records will nothe provided, the EPA office responsible formaintaining the requested records (or,, in theevent a determination has been made under§ 2.107(b),) the Office of Public Affairs willnotify the requesting party in wrung that therequest has been denied. A written denial of arequest for information will contain a briefexplanation of the statutory basis for nondisclosure, and will state that judicial review isavailable in the U.S. District Court for thedistrict in which the requesting party residesor has his principal place of busyness, or inwhich the records sought are located.

(b) If EPA shall fail to grant or to denyin writing a request within 90 days followingits receipt, the requesting party may regardsuch failure as final EPA action denying therequest, and will be entitled to pursue hisremedy in the cot.rts as provided by 5 U.S.C.552(a)(3)§ 2.110 Copies of documents.

If it is determined that records requestedmay be disclosed, the requesting party will beentitled to copies. However, records shall notbe released for copying by nonEPA personnel.When a determination not to disclose a por..

22

non of records requested has been made,records vt ill be masked for copy ing of non-exempt portions of the documents.2.111 Payment.

(a t Charges t ecs will be charged forcopies of records which arc furnished toa nelson under this part and for time spentin ILK ;ding and reproducing them, in aCLORI-anLe with a fee schedu'e maintained and re-%ised by the Office of Public Affairs. No feewill be charged fur time spent in processingof any request for information, nor will anyfee he c'arged for penods of less than one-half hour spent in connection with a searchtot iccords. for the purposes of this section,'processing' shall include all time spent ingenii:ding coirepondence related to a requestand in making determinthyons under §§ 2 106and 2 107

(b ) Prepayment In the oent pending re-quests under thb part from the sameiequotung party would Icyttne the payment oftees in excess of S10, such records will not bemade available, nor copies of such recordsfurnished unless the requesting party first sub-mits payment in the total amount due, or, ifnot ascel tamable. in the approximate amountthat woud become due upon compliance withthe lequest. as determined by the Officeof Public Affairs or by the office complyingwith the request. In the event an thhance pay..went hereunder shall (Lifer [ruin the amountof the lees actually due, an appropriate adjust.,went will be effected at the time the copiesiequested ate delivered.

(c) li aney The Office of Public Affairsor the office comply mg with the request mayvtah e the payment of leis, if such waiverwould he in the' public inteiest

11 R Doc. 71-17675 Filed 12-2-71,8:49 am)

Title 40PROTECTIONOF ENVIRONMENT

Chapter IEnvironmental ProtectionAgency

PART 2PUBLIC INFORMATION

Trade Secrets and Privileged orConfidential Information

On f`ccember 3, 1971, the EnvironmentalPlot' t Ion Agency publishes., at 36 F.R 23058,linai regulations to implement the Freedom ofhilointation Act provisions of 5 U S C. 552.On the same date, I PA pr..dosed amendments,at 16 1 R 23077, to add a new § 2 107a tothose final regulations The news section wasproposed to deal w.th the issues raised byrequests for information said to contain tradeseciets or other conlidertii.1 information, andtherefore exempt from myryJntory public dis-closure under 5 U.S.C..t.i2(b)(4) and § 2.105(a)(4) of the EPA regulations. Public com-ment was Invited on the amendments, and thetime for comment was subsetmently extended

through February 2, 1972. by a notice pub-lished at 37 F.R. 621 (January 14, 1972).

The amendments published bete have beenmodified as a result of comments received Itis appropriate at this time to set forth EPA'sreasons for proposing the amendments .ind forincluding in them the changes reflected below

It become clear during the first year ofEPA's existence that it could expect to receivea comparatively large number of requestsfrom members of the public for informationsubmitted by other members of the public,particularly by regulated industries

Much of the information requested, how-ever, was information of the sort describedin 5 U S C. 552(b)(4),; and exempted frommandatory public disclosure as "trade secretsand commercial or financial information whichis privileged cr confidential * * *" It is EPA'sposition that some of the information de-scribed in 5 U S.C. 552(b)(4) is required tobe kept confidential .Host notably, tradesecrets This requirement is not imposed by5 U S.C. 552(b)(4). since the exceptions inthe Freedom of Information Act are merelya list of those types of information whichan agency may withhold. Accordingly, if anagency is required to withhold information, itis by virtue of some other statutory provision.In this case it is 18 U.S C. 1905, which makesit a criminal offense for a government em-ployee to release trade secrets and certainspecified financial informaion, in the absenceof express statutory authority to do so. (For anexample of such authority, see section 307(a)(1) of the Clean Air Act, as amended, 42U.S.C. 1857h-5, which permits the disclosureof trade secrets "when relevant in any pro-ceeding under this Act.")

Because the categories of information listedin 5 U.S.0 552(b) are broader than the cate-gories of information which an agency mustat all times withhold, EPA faced two principalproblems in administering the Freedom ofInformation Act with respect to requests forcertain information submitted by industry.

First. it needed to establish procedures forascertaining when a bona fide trade secret wasin its hands. Paragraph (a) of the new§ 2.107a attempts to fulfill this need. Para-graph (a) is largely unchanged in substancefrom the version previously proposed. In re-sponse to several thoughtful comments, how-ever. it was decided that certain time limitsestablished by other sections of Part 2 neednot be suspended unless a question actuallyarises as to whether information requested con-stitutes trade secrets. Thus, paragraph (a)(3),as adopted, differs from the proposal in beingcontingent on receipt of a claim of trade se-crecy. On the other hand, and notwithstandingseveral comments received, it is not felt thatthe General Counsel could respond intelligentlyto many disputed claims of trade secrecywithin 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 claimedto be trade secrets, and it anticipates that suchrequests may he relatively fiequent WhileEPA will try to make determinations as quicklyas possible. it cannot in good faith bind itselfto an unrealistically short deadline. partiLularlvwhere its decisions on complex issues of factand law will affect private property rights

In addition. a new subparagraph permitting"advisory opinions" on trade sec iecv claimshas been added by subparagraph (4) of §2 10%(a) This Is a procedure suggested byseveral commentswhich came. interesungh,from organizations having presumably diver-gent interests

However. IPA has rejected the suggestionthat paragraph (a) be changed to requireformal administrative hearings. and notes that5 U S C 552(a )(3) authorizes de novo judicialreview.

The final noteworthy change n paragraph(a) relates to the status of information sub-mitted in support of a claim of trade secrecy.It was formerly FPA's presumption that suchinformation would always be eligible for dis-cretionary withholding under 5 U S C. 552(b)(4). On reconsideration, it appear, thatthat presumption may be unjustified. as inthe case of submissions which are argumenta-tive in nature Accordingly, ubmissions insupport of claims of trade secrecy will betreated like any other information in thehands of EPA.

In addition to clarifying the procedures fordetermining 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-3illation which is "privileged or confidential"and which EPA will withhold from the public,even though not required to do so. (Manyotherwise thoughtful comments erroneouslyassumed that any information covered by 5U.S.0 552(b) (4) must be withheld from thepublic, and that an agency has no discretionto release it ) Paragraph (b) of the new §2 107(a) states, in effect. that when a privateparty is required to submit information whichteal, EPA will not agree to withhold that in-formation from the public. On the other hand,when EPA wishes to obtain the voluntarycooperation of a private partyas, 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 abatementIt must befree to give assurances that the submittedinformation will not be available to competi-tors of the party making the submission.

Paragraph (b) as adopted, contains nosubstantial changes Henn the proposed version,except that it binds EPA to honor pledges ofconfidentiality made by government agencieswhen EPA has received from them informa-tion which it has no legal right to obtaindirectly from the original private source.

For the foregoing reasons, Part 2 of Title40, Code of Federal Regulations, is herebyamended as follows, effective 30 days follow-

23

mg publication in the FEDERAL REGISTER (6-12-72):

1. The table of contents at the beginningof Part 2 is amended by inserting therein insequence:.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 co 1-

fidential information.(a) Trade secrets (I) In the event records

requested under this part may contain tradesecrets, the office responsible for maintainingthe records requested will forward the requestfor determination and accompanying materialsreferred to in § 2.105(b) only to the Office ofGeneral Counsel, and the notice referred to in§ 2.105(b), unless published in the FEDERALREGISTER, will be s it by certified mail (returnreceipt requested): fronded, That notice un-der § 2.105(b) need not be given if similarnotice was given prior to referring the matterto 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 receiptor publication of such notice, that the re-quested records contain trade secrets fur-nished by such person, the portions of suchrecords said to contain trade secrets shall notbe disclosed, nor copies provided, unless theGeneral Counsel shall first have made a finalwritten determination that such records donot in fact contain trade secrets, or unlesssuch disclosure is authorized by statute inspite of the provisions of 18 U.S.C. 1905. Inthe event no claim or other response is re-ceived by the Office of General Counsel priorto the expiration of the 10 working daysspecified herein, it will, before reaching adetermination with respect to trade secrecy,make prompt inquiries to ensure that the al,-sence of a response hereunder is not attributa-ble to delay or failure of the mails. A claim,includ,ng a claim asserted by telephone, madeat the time of such inquiries and confirmedin writing will be considered timely for pur-poses of subparagraph (3) of this paragraph.The Office of General Counsel will promptlynotify the requesting party whenever a claimis :nade under this subparagraph In makinga determination under this subparagraph, theGeneral Counsel will consider any additionalinformation submitted to the Office of Gen-eral Counsel within 30 days of receipt of achum made hereunder.- or within such longertime period requested by the claimant or therequesting party as it may agree to. If au-thorized by 5 U.S.C. 552(b)(4), the Of 4,;e ofGeneral Counsel may agree to treat an suchadditional information as confidential at therequest of the person submitting it, in whichcase it will not be disclosed without the expresswritten permission of the person submitting

24

it If the General Counsel determines thatthe records requested do not contain trade se-crets, notice of such deternimation will beseised by certified mail be the (Mice of Gen-eral Counsel upon the person making theclaim No sooner than 30 days following themailing of such notice, the requested recordswill be disclosed in acorlance with this pail

(3) In the csent a timely claim is madeunder subparagraph (2) of this paragraph.the time limits specified in cii,s2 1 061 a) and2 109(h) will not apply In addition, the timelimit specified in § 2 106(a) will he extendedto include tne time required for the promptinquiries In the Office of General Counsel,referred to in subparagraph (2) of this para-graph

(4) On request of an interested party, theGeneral Counsel may issue written determina-tions as to whether specified information coo-tamed in EPA records does or does not con-stitute trade secrets, whether or not a requestfor infounation has been made under thispart In the event a request is subsequentlymade Linde' this part for information pre\ously so determined to constitute trade secrets,EPA will be bound by that prei IOUS determina-tion, unless the General Counsel, (r) Deter-mines that subsequent events have destroyedthe trade secrecy of the information in ques-tion, and (it) gives written notice of such de-termination, and a full explanation it the basistherefore, to any parson making a claim understihpal apt aph 2 of this paragraph

(b) Pittileged or ,onfideattat informatton.,(1) Pro ileged or confidential information(other than trade secrets or financial informa-tion the disclosure of which is prohibited by18 U S C 1905), which is referred to in ;

SC 552(h)(4) and §2.105(a)(4), and de-fined in subparagraph (2) of this paragraph,will not be disclosed under this part withoutthe express written permission of the personpros iding it to EPA.

(2) For purposes of this paragraph, "privi-leged or confidential information means in-formation which an agency is authorized (butnot required) by law to withheld from thepublic and which is either:.

(I) Submitted to EPA pwsuant to, and inreliance on, a pledge of confidentiality eon=tamed in any EPA form, or obtained in writ-ing from EPA; or

(ii) Received from a State or Federal agencywinch in turn has ieceised the informationpursuant to, and in reliance on, a pledge ofconfidentiality, and which continues to con-sider itself bound by such pledge (unless EPAis entitled by law to demand such informationhom the original prnate source).

(3) No pledge will he made by EPA undersubparagraph (2) of this paragraph in connec,non with information which EPA is entitledby law to demand (such as emission data tin-der section 114 of the Clean Air Act. 42U S C 1851c-9) or which IS submitted to EPAto fulfill a requirement impos'd by statute orregulation in connection with a ieculatory

scheme of general applicability (such as infor-mation contained in application for registra-tions, permits, certifications, and the like).Nothing herein is intended to affec t the statusof information which is required by law to hetreated as confidential.

3. The last sentence of § 2 111(a) is revisedto read:.§ 2.111 Payment.

(a) * "For purposes of this section, "processing"

shall include all time spent in generating cur -respondence related toe request and in makingdeierminations under §§ 2.106, 2 107 and1.107a

Wit LIAM D. RUCKI I SHAUS,dnumurator,

Ern ironmental Protection Ageney

MAY 10, 1972.(FR Do,-- 72 7346 Filed 5- 12--72; 8:51 am)

APPENDIX D Prior Notice of Citizen Suits

Title 40PROTECTIONOF ENVIRONMENT

Chapter IEnvironmental ProtectionAgency

PART 54PRIOR NOTICE OF CITIZENSUITS

On July 8, 1971 (16 ER 12866) the Admin-istrator proposed a new 42 CFR Part 415:Rules setting foh procedures for giving noticeof civil actions pursuant to section 304 of theClean Air Act, as amended (sec. 12, Public Law91-604, 84 Stat. 1706). Six organizations com-mented on the proposed wits. Due considera-tion has been giver to the comments and inresponse thereto a number of changes havebeen made in the rules as proposed. In addi-tion, regulations of the Environmental Protec-tion Agency were recodified in title 40, chapter1 on November 25, 1971, Accordingly, the rulesoriginally proposed as Part 415 of title 42,chapter IV will he codified as Part 54 of title40, chapter 1.

The requirement for notice to alleged vio-lators in § 415.2(c), as proposed, h:s beenrevised to require -totice to the "managingagent- of the facility. Also, if the alleged vio-lator is a corporation, notice to its registeredagent, if any, is required.

Section 415.3(b), as proposed, has been re-vised to require that notice of a violationinclude information on the specific activityalleged to be in violation.

Section 415.3(c), as proposed, which re-quired additional information to be includedin the notice, if known to the citizen, has beendeleted since it is the judgment of the Admin,strator that the potential procedural problemsoutweigh the possible benefit to be gainedfrom the information which might be sub-mitted pursuant to this section,

Accordingly,, the regulations containing procedures for giving pool notice of citizen suits

are hereby promulgated, effective 30 days afterpromulgation. Pending such effective date, thegping of notice of citizen suits in accordancewith these regulations shall he deemed to satisty the notice requirements of section 304of the Act.

A new Part 54 is added to Chapter I, Title40, Code of Fedetal Regulations as follows:Sec.54 1 Purpose.54.2 Service of notices.54.3 Contents of notice.

AUMORITY: The provisions of this Part 54issued under section 304 of the Clean Air Act,as amended (ses. 12 Public Law 91-604, 84Stat. 1706).§ 54.1 Purpose.

SGtiOti 104 of the Clean Air Act, asamended, authorizes the commencement ofcoil actions to enforce the Act or to enforcecertain requirements promulgated pursuant tothe Act. the puipost of this part is to pre,scribe pro .eduies governing the giving of notees required by subsection 104(b) of the Act(sec. 12, Public 1 ass 1)1.604, 84 Stat. 1706) asa prerequisite to the commencement of suchactions.§ 54.2 Service of nutict

(a) Notice to Administrator. Service of no-tice given to the Administrator undei this partshall be acct nplished by certified mail addressed to the Administrator, FilviionmentalProtection Agency. Washington, 1) C'. 20460.Where notice relates to violation of an emis-sion standard or limitation or to violation ofan order issued with respect to an emissionstandard or limitation, a copy of such noticeshall he mailed to the Regional Administratorof the Environmental Proleolonthe Region in %%hi( It such violation is allegedto have ()centred

(b) Notice to State. Service of notice givento a State wider thi. pact revardivg violationof tin emission standoff or limit won. or ?IIorder u.stic,1 with rev .(t .10t.

21,

and or limitation shall be accomplished bycertified mail addressed to an authorized rep-resentative of the State agenc:' charged withresponsibility for air pollution control in theState. A copy of such notice shall be mailedto the Governor of the State.

(c) Notice to alleged siolator. Service ofnotice Risen to an alleged violator under thi.,part shall be accomplished by certified mailaddressed to, or by personal service upon, theowner or managing agent of the building,plant, installation, or facility alleged to be inviolation of an emission standard or limitation,or an order issued with respect to an emissionstandard or limitation. Where the alleged vio-lator is a corporation, a copy of such noticeshall be sent by certified mail to the registeredagent, if any, of such corporation in the Statein which such violation is alleged to haveoccurred.

(d) Notice served in accordance with theprovisions of this part shall be deemed givenon the postmark date, if served by mail, or onthe 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

26

duty which is not discretionary shall identifythe provisions of the Act whit h requires sucht. t or creates such duty. shall describe withre.tonahlo specificity the action taken or nott iken by the Aditimistiator which is claimedto constitute a failure t i perform such act orduty, and shall state the full name and addressof the person giving the notice.

(b) Violat.on of standard, hnutatton ororder. Notices to the Administrator, States,and alleged violators regarding violation of anemission standard or limitation or an orderissued with respect to an emission standardor limitation, shall include st.fficient informa-tion to permit the recipient to identify thespecific standard, limitation, or order whichhas allegedly been violated, the activity allegedto be in y tolation. the person or persons re-sponsible for the alleged violation, the locationof the alleged violation, the date or d rtes ofsuch violation and the full name and addressof the person giving the notice,

Dated: December 6,1971.WILLIAM D. RUCKELSHAIJS,

Admmir rotor,Environmental Protection Agency.

(FR Doc. 71-18006 Filed 12-8-71; 8:49 am]

APPENDIX E State Air Pollution Control Agencies

State of Alabama Department of Public HealthState Office BuildingMontgomery, Alabama 36104Telephone 205-269-7634

Department of Environmental ConservationPouch 0Juneau, Alaska 99801Telephone 907-586-5371

Division of Air Pollution Control4019 N. 33rd AvenuePhoenix, Arizona 85017Telephone. 602-271-5306

Arkansas Department of Pollution Control inEcology

1100 Harrington AvenueLittle Rock, Arkansas 72202Telephone. 501-371-1701

Air Resources Board1025 P StreetSacramento, California 95814Telephone. 916.445 -1511

Air Pollution Control DivisionColorado Department of Health421u E. 11th AvenueDenver, Colorado 80220Telephone 303-388-6111

Air Pollution Control SectionDepartment of Environmental Protection79 Elm StreetHartford, Connecticut 06115Telephone 203-566-4030

Delaware Department of Natural Resources &Environmental Control

Division of Environmental ControlTaman Building, Capitol ComplexDover, Delaware 19901Telephone: 302-678-4761

Air Pollution DivisionDepartment of Human Resources25 K Street, N.E.Washington, D.C. 20002Telephone: 202-629-3748

Department of Pollution ControlTallahassee Bank Building115 S. Calhoun StreetTallahassee, Florida 32304Telephone 904-224-9151

Air Quality Control BranchGeorgia Department of Public Health116 Mitchell Street, S.W,Atlanta. Georgia 30303Telephone: 4'14-656-4867

Air Sanitation BranchDi ision of Environmental HealthP 0 Box 3378liono'u:ti, Hassan 96801Telephone 808-548-6355

Air Pollution Control SectionEnironmcnt.d Improvement DivisionIdaho Department of HealthStatehouseBoise. Idaho 83707Telephone 208-384-2390

Ensironmental Protection Agency2200 Churchill RoadSpringfield, Illinois 61706Telephone 217-525-3397

Indiana State Board of Health1330 W Michigan StreetIndianapolis. Indiana 46206Telephone 317 - 633.4273

Environmental Engineering ServiceIowa State Department of HealthLucas State Office BuildingDes Moines, km a 50319Telephone: 515- 281.5345

Kansas State Department of HealthState Office BuildingTopeka, Kansas 66612Telephone. 913-296-3896

Kentucky Air Pollution Control Commission275 E. Main StreetFrankfort, Kentucky 40601Telephone: 502-564-3382

Air Control SectionBureau of Environmental HealthLouisiana State Department of HealthP.O. Box 60630New Orleans, Louisiana 70160Telephone: 504-527-5115

Department of Environmental ProtectionState HouseAugusta, Maine 04330Telephone: 207-289-2811

Bureau of Air Quality ControlMaryland State Department of Health &

Mental Hygiene610 N. Howard StreetBaltimore, Maryland 21201Telephone: 301-383-2779

Bureau of Air Use ManagementDivision of Environmental Health

Department of Public Health600 Washington StreetBoston, Massachusetts 02111Telephone: 617. 727.2658

27

Air Pollution Control SectionDivision of Occupational HealthMichigan Department of Public Health3500 N Logan StreetLansing, Michigan 48906Telephone: 517-373-1410

Division of Air QualityMinnesota Pollution Control Agency717 Delaware Street, S.E.Minneapolis, Minnesota 55440Telephone. 612-378-1320

Mississippi Air & Water Pollution ControlCommission

P O. Box 827Jackson, Mississippi 39205Telephone. 601-354-6783

Missouri Air Conservation CommissionP O. Box 1002112 W High StreetJefferson City, Missouri 65101Telephone: 314-635-9145

Division of Air Pollution ControlMontana State Department of HealthCogswell BuildingHelena, Montana 59601Telephone: 406-449-3454

Division of Air Pollution ControlState Department of Environmental Control411 S. 13th StreetLincoln, Nebra, ka 68508Telephone: 402. 471 -2186

Bureau of Environmental HealthNye Building201 South Pall StreetCarson City, Nevada 89701Telephone: 702.882 -7482

New Hampshire Air Pollution Control Agency61 S. Spring StreetConcord, New Hampshire 03301Telephone 603-271-2281

New Jersey State Bureau of Air PollutionControl

Division of Environmental QualityDepartment of Environmental ProtectionP.O. Box 1390Trenton. New Jersey 08625Telephone. 609-292-5450

Environmental Improvement AgencyPERA Building, College & W. ManhattanSanta Fe, New Mexico 87501Telephone: 505-827-2813

New York State Department of EnvironmentalConservation

50 Wolf RoadAlbany, New York 12205Telephone. 518-457-3446

Depai intent of Water & Air IL:sow-Lc.,P.O. Box 27048Raleigh, North Carolina 27611telephone. 919-$29.3006

28

North Dakota State Department of HealthState CapitolBismarck, North Dakota 58501Telephone: 701-224-2371

Air Pollution UnitOhio Department of.Health450 E. Town StreetColumbus, Ohio 43216Telephone: 614-469-2390

Air Pollution Control DivisionEnvironmental Health ServicesOklahoma State Department of Health3400 N. Eastern AvenueOklahoma City, Oklahoma 73105Telephone. 405-427-6561

Air Quality Control DivisionDepartment of Environmental Quality1400 S. W. Fifth AvenuePortland, Oregon 97201Telephone: 503-229-5630

Bureau of Air Quality & Noise ControlDepartment of Environmental ResourcesCommonwealth of PennsylvaniaP.O. Box 2351Harrisburg, Pennsylvania 17120Telephone: 717-787-6838

Department of HealthAvenue Ponce de LeonSanturce, Puerto Rico 00908Telephone. 809-725-1218

Rhode Island Division of Air Pollution Control204 Health Building, Davis StreetProvidence, Rhode Island 02908Telephone. 401-277-2808

South Carolina Pollution Control AuthorityOwen Building, 1321 Lady StreetP 0 Box 11628Columbia, Setwb,Carolina 29211Telephone. 803-758-2966

South Dakota State Department of HealthDivision of Sanitary Engineering &Environmental Protection, Air QualityControl Program

Office Building 2Pierre, South Dakota 57501Telephone. 605-2,4-3351

Division of Air Pollution ControlDepartment of Public HealthC2.2I2, Cordell Hull BuildingNashville, TennessJe 37219lelephonc: 615.741-3931

Air Pollution Control ServicesTexas State Department of Health1100 W. 49thAustin, Texas 78756Telephone: 512-454-3781, Ext. 380

Utah State Division of Health44 Medical DriveSalt Lake City, Utah 84113Telephone: 801-328-6121

Agency of Environmental ConservationAir Pollution Control

Montpelier, Vermont 05602Telephone 802-223-2311

State Air Pollution Control BoardNinth Street Offit.e BuildingRichmond. Virginia 23219Telephone: 703-770-2378

Division of Environmental HealthDepartment of HealthP.O. Box 1442St Thomas, Virgin Islands 00801Telephone: 809-774-3411

Washington State Department of EcologyP.O. Box 829Olympia, Washington 98504Telephone: 206-753-2821

West Virginia Air Pollution ControlCommission

1558 Washington Street, EastCharleston, West Virginia 25311Telephone. 104-348-1286

Bureau of Air Pollution Conti& .ind SolidWaste Disposal

4610 University AvenueMadison, Wisconsin 53705Telephone: 608.266 -0924

Industrial Hygiene ServicesDivision of Health & Medical ServicesDepartment of litaIth & Social ServicesState Office BuildingCheyenne, Wyoming 82001Telephone: 307-777-7511

APPENDIX F Bibliography

These documents are available free from theEnvironmental Protection Agency, Washing-ton, D.C. 20460. In quantities over 10, allowthree 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, Part410, 36 Federal Register 8186 (April 30,1971)EPA, "Requirements for Preparation,Adoption, And Submittal of Implementa-tion Plans" (Federal Guidelines) 42 Codeof F.:deral Regulations, Part 420, 36Federal Register 15486 (August 14, 1971et. seq.)

These documents are available from theSuperintendent of Documents, GovernmentPrinting Office, Washington, D.C. 20402 at theprice listed.

Air Quality Criteria Documents: (Price$1.75)Carbon Monoxide, GPO No. HE 20.

1309:62Photochemical Oxidants, GPO No. HE

20.1309.63Hydrocarbons, GPO No. HE 20.1309:

64Nitrogen Oxides, GPO No. EP 4.9:84Particulate Material, GPO No. FS 2.93/

3:49Sulfur Oxides, GPO No. FS 2.93/3:50Control Technique Documents: (Price$1.75)Particulate Air Pollutants, GPO No.

FS 2.93/3:51

Sulfur Oxides, GPO No. FS 2.95/3:52Carbon Monoxide Emissions from Sta-

tionary Sources, GPO No. HE 20.1309:65

CO,NO, and Hydrocarbons Emissionsfrom Mobile Sources, GPO No. HE 20.1309 66

Nitrogen Oxide Emissions from Sta-tionary Sources, GPO No. HE 20.1309:67

Hydrocarbon and Organic SolventEmissions from Stationary Sources,GPO No. HE 20.1309 68

Annual Report of the Administrator ofthe Enviromnental 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, AP77, GPO Stock No. 5503-0013. (Price 40cents)

Guide for Control of Air PollutionEpisodes in Sinall-Sized Urban Areas,AP 78, GPO Stock No. 5503.0012. (Price40 cents)Guidelines: Air Quality Surveillance Net-works, AP 93, GPO Stock No. EP 4.9 98.(Price 20 cents)

[The AP series of reports is issued by EPAto report the results of scientific and engi-neciing studies and information of generalinterest in the field of an pollution. This seriesincludes Lovenifie of Air Program intramural

29

activities and of coop-rative studies con-ducted with State Lnd local agencies, researchinstitutes and industrial organizations. Copiesof AP reports arc available free to Federalemployees, current contractors and grantees,and nonprofit organizations as supplies permitfrom the Technical Publications Branch,EPA. Research Triangle Park, North Carolina27711. Others may purchase copies from theSuperintendent of Documents, GovernmentPrinting 0.1ice, Washington, D.C. 204023

Other Publications:

Mr Pollution PrimerNational Tuberculosisand Respiratory Disease Association, 1969.An introduction to the problem of air pol-lution. (Free from local Tuberculosis andRespiratory Disease Associations.)

A Citizen's Guide to Clean AirConserva-tion Foundation, January 1972. A manualto help citizens participate in air qualityimprovemen.. (Free from EPA, Washing-ton. D.0 20460.)

Air Pollution WorkbookScientists' Insti-tute for Public Information, 1970. Lucid,short explanations of the atmosphere, charaLteristiLs of specific pollutants, and bio-logical effects of pollution. (Order fromScientists' Institute for Public Information,30 Last 68th Street, New York City 10021.SI per copy.)

Action for Clean Air: A Manual for CitizenParticipation in State Implementation PlanProceedings Under the Clean Air Amend-ments of 1970Detailed discussion of the1970 Act (Order from Natural ResourcesDefense Council, Inc , 36 %Vest 44th Street.New York City 10036 50 cents per copy.)

How to Plan an Environmental ConferenceLeague of Women Voters. Details the ac-tual processes involved in preparing work-shops. seminars or conferences. (Free fromthe League of Women Voters. 1730 NIStreet, N W , Washington. D C 20036 )Environmental Law HandbookFriends ofthe Earth Ballantine Books, Inc A com-pendium of legal aspects of air pollution en-forcement, including sections on citizensuits (Order from Friends of the Earth, 620C Street. S E, Washington, D C 20003 95cents per copy.)

Vanishing AirBy John C Esposito. 1970.A stud) of the federal attack on air pollu-tion prior to the formation of EPA (Orderfrom Grossman Publishers. 625 MadisonAvenue, New York City 10022. 95 cents percopy.)

Don't Leave It All to the Experts: EPA,1972 A handbook for eiwens on how tobring about environmental improvementsthrough citizen action organisations (Freefrom EPA, Washington, D C. 20460)

APPENDIX G EPA Regional Offices

Each Regional Office has a Public Affairs director who can provide assistanceand materials to individuals and groups seeking to work on environmental problems.

Regional Offices

Boston, Mass.02203617-233-7223

New York, N.Y.10007212.264-2515

Philadelphia, Pa.19106215.597-9370

Atlanta, Ga.30309404-526.3004

Chicago,60606312. 353-5800

30

States covered

Connecticut, Maine,Massachusetts, NewHampshire, 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, SouthCarolina, Tennessee

Illinois, Indiana, Michigan,Minnesota, Ohio, Wisconsin

Regional Offices States covered

Dallas, Texas75201214-749.1151

Kansas C,ty, Mo.64108816-374-5495

Denver, Colo,80203303. 837-4905

San Francisco,Calif.

94111415-556-669

Seattle, Wash.98101206-442.1203

Arkansas, Louisiana, NewMexico, Oklahoma, Texas

Iowa, Kansas, Missouri,Nebraska

Colorado, Montana, NorthDakota, South Dakota,Utah, ' Vyoming

Ar4'.ona, California, Hawaii,N..vada, American Samoa,Guam, Trust Territories ofthe Pacific, Wake island

Alaska, Idaho. Oregon,Washington