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ing publication in the FEDERAL REGISTER (6 12–72):

1. The table of contents at the beginning of Part 2 is amended by inserting therein in sequence: Sec. 2.107a Trade secrets and privileged or con

fidential information. 2. A new $ 2.107a is added, reading as follows: $ 2.107a Trade secrets and privileged or co-1

fidential information. (a) Trade secrets. (1) In the event records requested under this part may contain trade secrets, the office responsible for maintaining the records requested will forward the request for determination and accompanying materials referred to in $ 2.105(b) only to the Office of General Counsel, and the notice referred to in § 2.105(b), unless published in the FEDERAL REGISTER, will be sent by certified mail (return receipt requested): Provided, That notice under $ 2.105(b) need not be given if similar notice was given prior to referring the matter to the Office of General Counsel.

(2) If a person to whom notice of a request for records has been given under $ 2.105 (b), or otherwise, advises the Office of General Counsel, in writing, prior to the expiration of 10 working days following the receipt or publication of such notice, that the requested records contain trade secrets furnished by such person, the portions of such records said to contain trade secrets shall not be disclosed, nor copies provided, unless the General Counsel shall first have made a final written determination that such records do not in fact contain trade secrets, or unless such disclosure is authorized by statute in spite of the provisions of 18 U.S.C. 1905. In the event no claim or other response is received by the Office of General Counsel prior to the expiration of the 10 working days specified herein, it will, before reaching a determination with respect to trade secrecy, make prompt inquiries to ensure that the absence of a response hereunder is not attributable to delay or failure of the mails. A claim, including a claim asserted by telephone, made at the time of such inquiries and confirmed in writing will be considered timely for purposes of subparagraph (3) of this paragraph. The Office of General Counsel will promptly notify the requesting party whenever a claim is made under this subparagraph. In making a determination under this subparagraph, the General Counsel will consider any additional information submitted to the Office of General Counsel within 30 days of receipt of a claim made hereunder, or within such longer time period requested by the claimant or the requesting party as it may agree to. If authorized by 5 U.S.C. 552(b) (4), the Office of General Counsel may agree to treat any such additional information as confidential at the request of the person submitting it, in which case it will not be disclosed without the express written permission of the person submitting

it. If the General Counsel determines that the records requested do not contain trade secrets, notice of such determination will be served by certified mail by the Office of General Counsel upon the person making the claim. No sooner than 30 days following the mailing of such notice, the requested records will be disclosed in accordance with part.

(3) In the event a timely claim is made under subparagraph (2) of this paragraph, the time limits specified in S$ 2.106(a) and 2.109(b) will not apply. In addition, the time limit specified in $ 2.106(a) will be extended to include the time required for the prompt inquiries by the Office of General Counsel, referred to in subparagraph (2) of this paragraph.

(4) On request of an interested party, the General Counsel may issue written determinations as to whether specified information contained in EPA records does or does not constitute trade secrets, whether or not a request for information has been made under this part. In the event a request is subsequently made under this part for information previously so determined to constitute trade secrets, EPA will be bound by that previous determination, unless the General Counsel: (i) Determines that subsequent events have destroyed the trade secrecy of the information in question, and (ii) gives written notice of such determination, and a full explanation of the basis therefore, to any person making a claim under subparagraph (2) of this paragraph.

(b) Privileged or confidential information. (1) Privileged or confidential information (other than trade secrets or financial information the disclosure of which is prohibited by 18 U.S.C. 1905), which is referred to in 5 U.S.C. 552(b)(4) and § 2.105(a)(4), and defined in subparagraph (2) of this paragraph, will not be disclosed under this part without the express written permission of the person providing it to EPA.

(2) For purposes of this paragraph, "privileged or confidential information" means information which an agency is authorized (but not required) by law to withhold from the public and which is either:

(i) Submitted to EPA pursuant to, and in reliance on, a pledge of confidentiality contained in any EPA form, or obtained in writing from EPA; or

(ii) Received from a State or Federal agency which in turn has received the information pursuant to, and in reliance on, a pledge of confidentiality, and which continues to consider itself bound by such pledge (unless EPA is entitled by law to demand such information from the original private source).

(3) No pledge will be made by EPA under subparagraph (2) of this paragraph in connection with information which EPA is entitled by law to demand (such as emission data under section 114 of the Clean Air Act, 42 U.S.C. 18570-9) or which is submitted to EPA to fulfill a requirement imposed by statute or regulation in connection with a regulatory

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Title 40-PROTECTION

OF ENVIRONMENT

Chapter 1-Environmental Protection

Agency PART 54-PRIOR NOTICE OF CITIZEN

SUITS On July 8, 1971 (36 F.R. 12866) the Administrator proposed a new 42 CFR Part 415: Rules setting forth procedures for giving notice of civil actions pursuant to section 304 of the Clean Air Act, as amended (sec. 12, Public Law 91-604, 84 Stat. 1706). Six organizations commented on the proposed rules. Due consideration has been given to the comments and in response thereto a number of changes have been made in the rules as proposed. In addition, regulations of the Environmental Protection Agency were recodified in title 40, chapter I on November 25, 1971. Accordingly, the rules originally proposed as Part 415 of title 42, chapter IV will be codified as Part 54 of title 40, chapter I.

The requirement for notice to alleged violators in $ 415.2(c), as proposed, has been revised to require notice to the “managing agent" of the facility. Also, if the alleged violator is a corporation, notice to its registered agent, if any, is required.

Section 415.3(b), as proposed, has been revised to require that notice of a violation include information on the specific activity alleged to be in violation.

Section 415.3(c), as proposed, which required additional information to be included in the notice, if known to the citizen, has been deleted since it is the judgment of the Administrator that the potential procedural problems outweigh the possible benefit to be gained from the information which might be submitted pursuant to this section.

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

are hereby promulgated, effective 30 days after promulgation. Pending such effective date, the giving of notice of citizen suits in accordance with these regulations shall be deemed to satisfy the notice requirements of section 304 of the Act.

A new Part 54 is added to Chapter I, Title 40, Code of Federal Regulations as follows: Sec. 54.1 Purpose. 54.2 Service of notices. 54.3 Contents of notice.

AUTHORITY: The provisions of this part 54 issued under section 304 of the Clean Air Act, as amended (sec. 12 Public Law 91-604, 84 Stat. 1706). $ 54.1 Purpose.

Section 304 of the Clean Air Act, as amended, authorizes the commencement of civil actions to enforce the Act or to enforce certain requirements promulgated pursuant to the Act. The purpose of this part is to prescribe procedures governing the giving of notices required by subsection 304(b) of the Act (sec. 12, Public Law 91-604, 84 Stat. 1706) as a prerequisite to the commencement of such actions. $ 54.2 Service of notice.

(a) Notice to Administrator: Service of notice given to the Administrator under this part shall be accomplished by certified mail addressed to the Administrator, Environmental Protection Agency, Washington, D.C. 20460. Where notice relates to violation of an emis. sion standard or limitation or to violation of an order issued with respect to an emission standard or limitation, a copy of such notice shall be mailed to the Regional Administrator of the Environmental Protection Agency for the Region in which such violation is alleged to have occurred.

(b) Notice to State: Service of notice given to a State under this part regarding violation of an emission standard or limitation, or en order issued with respect to an emission stand

ard or limitation shall be accomplished by certified mail addressed to an authorized representative of the State agency charged with responsibility for air pollution control in the State. A copy of such notice shall be mailed to the Governor of the State.

(c) Notice to alleged violator: Service of notice given to an alleged violator under this part shall be accomplished by certified mail addressed to, or by personal service upon, the owner or managing agent of the building, plant, installation, or facility alleged to be in violation of an emission standard or limitation, or an order issued with respect to an emission standard or limitation. Where the alleged violator is a corporation, a copy of such notice shall be sent by certified mail to the registered agent, if any, of such corporation in the State in which such violation is alleged to have occurred.

(d) Notice served in accordance with the provisions of this part shall be deemed given on the postmark date, if served by mail, or on the date of receipt, if personally served. $ 54.3 Contents of notice.

(a) Failure to act. Notice regarding a failure of the Administrator to perform an act or

duty which is not discretionary shall identify the provisions of the Act which requires such act or creates such duty, shall describe with reasonable specificity the action taken or not taken by the Administrator which is claimed to constitute a failure to perform such act or duty, and shall state the full name and address of the person giving the notice.

(b) Violation of standard, limitation or order. Notices to the Administrator, States, and alleged violators regarding violation of an emission standard or limitation or an order issued with respect to an emission standard or limitation, shall include sufficient information to permit the recipient to identify the specific standard, limitation, or order which has allegedly been violated, the activity alleged to be in violation, the person or persons responsible for the alleged violation, the location of the alleged violation, the date or dates of such violation and the full name and address of the person giving the notice. Dated: December 6, 1971. WILLIAM D. RUCKELSHAUS,

Administrator, Environmental Protection Agency. (FR Doc. 71-18006 Filed 12–8–71; 8:49 am)

APPENDIX E

State Air Pollution Control Agencies

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

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

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

Arkansas Department of Pollution Control in

Ecology
1100 Harrington Avenue
Little Rock, Arkansas 72202
Telephone: 501-371-1701

Air Sanitation Branch
Division of Environmental Health
P.O. Box 3378
Honolulu, Hawaii 96801
Telephone: 808-548-6355
Air Pollution Control Section
Environmental Improvement Division
Idaho Department of Health
Statehouse
Boise, Idaho 83707
Telephone: 208-384-2390
Environmental Protection Agency
2200 Churchill Road
Springfield, Illinois 62706
Telephone: 217-525-3397
Indiana State Board of Health
1330 W. Michigan Street
Indianapolis, Indiana 46206
Telephone: 317-633-4273
Environmental Engineering Service
lowa State Department of Health
Lucas State Office Building
Des Moines, Iowa 50319
Telephone: 515-281-5345
Kansas State Department of Health
State Office Building
Topeka, Kansas 66612
Telephone: 913-296-3896
Kentucky Air Pollution Control Commission
275 E. Main Street
Frankfort, Kentucky 40601
Telephone: 502-564-3382

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

Air Pollution Control Division
Colorado Department of Health
4210 E. 11th Avenue
Denver, Colorado 80220
Telephone: 303-388-6111

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

Delaware Department of Natural Resources &

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

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

Air Control Section
Bureau of Environmental Health
Louisiana State Department of Health
P.O. Box 60630
New Orleans, Louisiana 70160
Telephone: 504-527-5115
Department of Environmental Protection
State House
Augusta, Maine 04330
Telephone: 207-289-2811
Bureau of Air Quality Control
Maryland State Department of Health &

Mental Hygiene
610 N. Howard Street
Baltimore, Maryland 21201
Telephone: 301-383-2779
Bureau of Air Use Management

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

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

Air Quality Control Branch
Georgia Department of Public Health
116 Mitchell Street, S.W.
Atlanta, Georgia 30303
Telephone: 404-656-4867

27

Air Pollution Control Section
Division of Occupational Health
Michigan Department of Public Health
3500 N. Logan Street
Lansing, Michigan 48906
Telephone: 517-373-1410
Division of Air Quality
Minnesota Pollution Control Agency
717 Delaware Street, S.E.
Minneapolis, Minnesota 55440
Telephone: 612-378-1320
Mississippi Air & Water Pollution Control

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

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

Division of Air Pollution Control
Montana State Department of Health
Cogswell Building
Helena, Montana 59601
Telephone: 406-449-3454
Division of Air Pollution Control
State Department of Environmental Control
411 S. 13th Street
Lincoln, Nebraska 68508
Telephone: 402-471-2186

North Dakota State Department of Health
State Capitol
Bismarck, North Dakota 58501
Telephone: 701-224-2371
Air Pollution Unit
Ohio Department of Health
450 E. Town Street
Columbus, Ohio 43216
Telephone: 614-469-2390
Air Pollution Control Division
Environmental Health Services
Oklahoma State Department of Health
3400 N. Eastern Avenue
Oklahoma City, Oklahoma 73105
Telephone: 405-427-6561
Air Quality Control Division
Department of Environmental Quality
1400 S. W. Fifth Avenue
Portland, Oregon 97201
Telephone: 503-229-5630
Bureau of Air Quality & Noise Control
Department of Environmental Resources
Commonwealth of Pennsylvania
P.O. Box 2351
Harrisburg, Pennsylvania 17120
Telephone: 717-787-6838
Department of Health
Avenue Ponce de Leon
Santurce, Puerto Rico 00908
Telephone: 809-725-1218
Rhode Island Division of Air Pollution Control
204 Health Building, Davis Street
Providence, Rhode Island 02908
Telephone: 401-277-2808
South Carolina Pollution Control Authority
Owen Building, 1321 Lady Street
P.O. Box 11628
Columbia, South Carolina 29211
Telephone: 803-758-2966
South Dakota State Department of Health

Division of Sanitary Engineering &
Environmental Protection, Air Quality

Control Program
Office Building #2
Pierre, South Dakota 57501
Telephone: 605-224-3351
Division of Air Pollution Control
Department of Public Health
C2-212, Cordell Hull Building
Nashville, Tennessee 37219
Telephone: 615-741-3931
Air Pollution Control Services
Texas State Department of Health
1100 W. 49th
Austin, Texas 78756
Telephone: 512-454-3781, Ext. 380

Bureau of Environmental Health
Nye Building
201 South Fall Street
Carson City, Nevada 89701
Telephone: 702-882-7482
New Hampshire Air Pollution Control Agency
61 S. Spring Street
Concord, New Hampshire 03301
Telephone: 603-271-2281

New Jersey State Bureau of Air Pollution

Control
Division of Environmental Quality
Department of Environmental Protection
P.O. Box 1390
Trenton, New Jersey 08625
Telephone: 609-292-5450
Environmental Improvement Agency
PERA Building, College & W. Manhattan
Santa Fe, New Mexico 87501
Telephone: 505-827-2813
New York State Department of Environmental

Conservation
50 Wolf Road
Albany, New York 12205
Telephone: 518-457-3446
Department of Water & Air Resources
P.O. Box 27048
Raleigh, North Carolina 27611
Telephone: 919-829-3006

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

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