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right to grant licenses under any Back- vention is not a subject Invention. If such ground Patent.
evidence is not then presented the invention (8) In the event the grantee has a parent shall be deemed to be a Subject Invention. or an affiliated company, which has the right After receipt of Information furnished purto license a patent which would be a Back- suant hereto, the Grants Officer shall not ground Patent it owned by the grantee, but unduly delay rendering his opinion on the which is not available as & Commercial Item matter. The Grants Officer's decision shall be es specified in paragraph D(1) (1) or (11), subject to the Disputes Clause of the grant. and a qualified applicant requests a license The grantee may furnish the information under such patent for use in the specific required under this section E as grantee confield of technology in which the purpose of fidential information, which shall be identithis contract or the work called for there- fied as such. under falls, and in connection with the use F. General provisions: (1) The grantee of & Subject Invention or specified Work shall obtain the execution of and deliver to Object, the grantee shall, at the written re- the Grants Officer any document relating to quest of the Government, recommend to his Subject Inventions as the Grants Officer may parent company, or affiliated company, as require under the terms hereof to enable the the case may be, the granting of the re- Government to file and prosecute patent quested license on reasonable terms, includ. applications therefor in any country and to ing reasonable royalties, and actively assist evidence and preserve its rights. Each party and participate with the Government and hereto agrees to execute and deliver to tho such applicant, as to technical matters and other party on its request suitable documents in liaison functions between the parties, as to evidence and preserve license rights demay reasonably be required in connection rived from this appendix. with any negotiations for issuance of such (2) The Government and the grantee shall license. For the purpose of this subpara- promptly notify each other of the filing of a graph, (1) a parent company is one wbich patent application on a Subject Invention in owns or controls, through direct or indirect any country, identifying the country or ownership of more than 60 percent of the countries in which such filing occurs and the outstanding stock entitled to vote for the date and serial number of the application, election of directors, another company or and on request shall furnish & copy of such other entity and, (11) affiliated companies application to the other party and a copy of are companies or other entities owned or any action on such patent application by any controlled by the same parent company. Patent Office and the responses thereto. Any E. Related Inventions: The grantee shall
applications or responses furnished shall be submit to the Grants Officer within six (6)
kept confidential, months after the submission of the final
(3) Any other provisions of this appendix Invention report submitted pursuant to notwithstanding, the Grants Officer, or his paragraph F(6), written information con
authorized representative shall, until the excerning the conception or actual reduction to
piration of three (3) years after final paypractice, or both, as may be applicable, of ment under this grant, have the right to every invention made by the grantee pertain. examine in confidence any books, records, ing to the work called for in this grant which documents, and other supporting data of the was conceived or first actually reduced to granteo which the Grants Oficer or his aupractice within the period of three (3) thorized representative shall reasonably deem months prior, during, or three (3) months directly pertinent to the discovery or identin. subsequent to the term of this grant, which
cation of Subject Inventions or to the comInvention would be a Subject Invention 11 pliance by the grantee with the requirements made under this grant, but which the grantee of this appendix. believes was made outside the performance (4) Notwithstanding the grant of a license of work required under this grant. The under any patents to the Government Grants Oficer may require additional Infor- pursuant to any provisions of this appendix, mation to be furnished in confidence by the the Government shall not be prevented from grantee. At the request of the Grants Officer contesting the validity, enforceability, scope, made during or subsequent to the term of or title of such licensed patent. this grant including any extensions for addi- (5) The grantee shall furnish to the Grants tional research and development work, the Officer every 12 months, or earlier as may be grantee shall furnish information concerning agreed in this grant (the initial period shall any other invention which appears to the commence with the date of award of this Grants Officer to reasonably have the possi- grant) & Interim report listing all Subject bulty of being a Subject Invention,
Inventions required to be disclosed which Ali information supplied by the grantee were made during the interim reporting hereunder shall be of such nature and char- period or certify that there are no such unreacter as to enable the Grants Officer reason- ported inventions. ably to ascertain whether or not the invention (6) The grantee shall submit a final report concerned is a Subject Invention. Fallure to under this grant listing all Subject Inven. furnish such information called for herein tions required to be disclosed which were shall, in any subsequent proceeding, place made in the course of the work performed on the grantee the burden of going forward under this grant, and all subagreements subwith the evidence to establish that such in- ject to this appendix. I to the best of the
185 97-025-73 -13
grantee's knowledge and belief, no Subject Inventions have resulted from this grant, the grantee shall so certify to the Grants Oficer. If there are no such subagreements, & negative report is required.
(7) The interim and final reports submitted under F (5) and (6) and Subject Invention disclosures required under B(1) shall be submitted on EPA forms which will be furnished by the Grants Officer on request. Any equivalent form approved by the Grants Officer may be used in lieu of EPA forms. Such reports and disclosures shall be submitted in triplicate.
(8) Any action required by or of the Gov. ernment under this patent provision shall be undertaken by the Grants Officer as its duly authorized representative unless otherwise stated.
(9) The Government may duplicate and disclose reports and disclosures of Subject Inventions required to be furnished by the grantee pursuant to this appendix without additional compensation.
(10) The grantee shall furnish to the Grants Officer, in writing, and as soon as practicable, information as to the date and identity of any first public use, sale or publication of any Subject Invention made by or known to the grantee, or of any contemplated publication of the grantee.
(11) The Administrator shall determine the responsibility of an applicant for a lie cense under any provision of this patent provision when this matter is in dispute and his detremination thereof shall be final and binding.
(12) The grantee shall furnish promptly to the Grants Officer on request an irrevocable power to inspect and make copies of each U.S. patent application Aled by or on behalf of the grantee covering any Subject Invention.
(13) The grantee shall include in the first paragraph in any U.S. patent application which it may file on a Subject Invention the following statement:
This invention resulted from work done under Grant No.
with the Environmental Protection Agency and is subject to the terms and provisions of said Grant.
(14) All information furnished in confidence pursuant to this appendix shall be clearly identified by an apppropriate written legend. Such information shall be subject to the provisions of the Freedom of Information Act, 5 U.S.C. 552 and shall in any event cease to be confidential if it is or becomes generally available to the public, or has been made or becomes available to the Government (1) from other sources, or (ii) by the grantee without limitation as to use, or was already known to the Government when furnished to it.
(15) Any action by the Grants Officer affecting the disposition of rights to patents or inventions pursuant to this appendix shall be taken only after review by the Office of General Counsel.
G. Warranties: (1) The grantee warrants that whenever he has divested himsell of the right to license any Background Patent (or any invention owned by the grantee which could become the subject of a Background Patent) prior to the date of this grant, such divestment was not done to avoid the licensing requirements set forth in section D of this appendix. After a Background Patent, or invention which could become the subject of a Background Patent, is identified, the grantee shall take no action which shall impair the performance of his obligation to issue Background Patent licenses pursuant to this grant.
(2) The grantee warrants that he will take no action which will impair his obligation to assign to the Government any invention first actually conceived or reduced to practice in the course of or under this grant.
(3) The grantee warrants that he has full authority to make obligations of this appendix effective, by reason of agreements with all of the personnel, including consulte ants who might reasonably be expected to make inventions, and who will be employed in work on the project for which the grant has been awarded, to assign to the grantee all discoveries and inventions made within the scope of their employment.
H. Subagreements: This appendix shall be included in any subagreement over $10,000 under this grant where a purpose of the subagreement is the conduct of experimental, developmental or research work, unless the Grants Officer authorizes the omission or modification of this appendix. The grantee shall not acquire any rights to Subject Inventions made under such subagreement for his own use (as distinguished from such rights as may be required solely to fulfill his grant obligations to the Government in performance of this grant). Upon completion of work under such & subagreement, the grantee shall promptly notify the Grants Officer in writing of such completion, and shall upon request furnish a copy of the subagreement to the Grants Officer. The grantee hereby assigns to the Government all rights of the grantee to enforce the obligations of the party to such subagreement with respect to Subject Inventions, Background Patents, and pursuant to section E of this appendix. The grantee shall cooperate with the Government at the Government's request and expense in any legal action to secure the Gov. ernment's rights. (36 F.R. 22725, Nov. 27, 1971) Appendix C-Rights In Data and
Copyrights 1. The term "Subject Data" as used herein Includes writings, sound recordings, mag. netic recordings, pictorial reproductions, drawings, or other graphical representations, and works of any similar nature (whether or not copyrighted) which are specified to be delivered under this grant. The term does not include financial reports, cost analyses,
and other information incidental to grant administration.
2. Except as may otherwise be provided in the grant agreement, when publications, films, or similar materials are developed directly or indirectly from a project supported by the Environmental Protection Agency, the author is free to arrange for copyright without approval. However, such materials shall Include acknowledgement of EPA grant assistance. The grantee agrees to and does hereby grant to the Government, and to its officers, agents, and employees acting within the scope of their oficial duties, a royaltyfree, nonexclusive, and irrevocable license throughout the world for Government purposes to publish, translate, reproduce, deliver, perform, dispose of, and to authorize other so to do, all Subject Data, or copyrightable material based on such data, now or hereafter covered by copyright.
3. The grantee shall not include in the Subject Data any copyrighted matter, without the written approval of the Grants Officer, unless he provides the Government with the written permission of the copyright owner for the Government to use such copyrighted matter in the manner provided in article 2 above.
4. The grantee shall report to the Grants Officer, promptly and in reasonable written detail, each notice or claim of copyright infringement received by the grantee with respect to all Subject Data delivered under this grant.
5. Nothing contained in this appendix shall imply a license to the Government under any patent or be construed as affecting the scope of any license or other rights otherwise granted to the Government under any patent.
6. Unless otherwise limited below, the Government may, without additional compensation to the grantee, duplicate, use, and disclose in any manner and for any purpose whatsoever, and have others so do, all SubJect Data delivered under this contract.
7. Notwithstanding any provisions of this grant concerning Inspection and acceptance, the Government shall have the right at any time to modify, remove, obliterate, or ignore any marking not authorized by the terms of this grant on any piece of Subject Data furnished under this grant.
8. Data need not be furnished for standard commercial items or services which are normally or have been sold or offered to the public commercially by any supplier and which are incorporated as component parts in or to be used with the product or process being developed or investigated, 1 in lieu thereof identification of source and characteristics (including performance specifications, when necessary) suficient to enable the Government to procure the part or an adequate substitute, are furnished; and further, proprietary data need not be furnished for other items or processes which were developed at private expense and previously sold or offered for sale or commercially practiced in the case of a process, including minor modifications thereof, which are incorporated as component parts in or to be used with the product or process being developed or investigated, 1 in lieu thereof the grantee shall identify such other items or processes and that "proprietary data" pertaining thereto which is necessary to enable reproduction or manufacture of the item or performance of the process. For the purpose of this clause, 'propri. etary data" means data providing Information concerning the details of a grantee's secrets of manufacture, such as may be contained in but not limited to his manufacturing methods or processes, treatment and chemical composition of materials, plant layout and tooling, to the extent that such information is not readily disclosed by inspection or analysis of the product itself and to the extent that the grantee has protected such information from unrestricted use by others. (36 F.R. 22728, Nov. 27, 1971)
SUBCHAPTER C-AIR PROGRAMS
PART 50 NATIONAL PRIMARY AND
50.7 National secondary ambient air qual. SECONDARY AMBIENT AIR QUAL
particulate ITY STANDARDS
National primary and secondary am
bient 50.1 Definitions.
air quality standards for
carbon monoxide. 50.2 Scope.
50.9 50.3 Reference conditions.
National primary and secondary am• bient air
quality standard National primary ambient air quality standards for sulfur oxides (sulfur
photochemical oxidants. dioxide).
50.10 National primary and secondary am50.5 National secondary ambient air qual
blent air quality standard for Ity standards for sulfur oxides
hydrocarbons. (sulfur dioxide).
50.11 National primary and secondary am50.6 National primary ambient air quality
bient air quality standard for standards for particulate matter.
Appendix A-Reference Method for the De
are necessary, with an adequate margin termination of Sulfur Dioxide in
of safety, to protect the public health. the Atmosphere (Pararosaniline
National secondary ambient air quality Method).
standards define levels of air quality Appendix B-Reference Method for the De
which the Administrator judges necestermination of Suspended Particulates in the Atmosphere (High Vol
sary to protect the public welfare from ume Method).
any known or anticipated adverse effects Appendix C–Reference Method for the con- of a pollutant. Such standards are sub
tinuous Measurement of Carbon ject to revision, and additional primary Monoxide in the Atmosphere (Non
and secondary standards may be promuldispersive Infrared Spectrometry).
gated as the Administrator deems necesAppendix D-Reference Method for the Measurement of Photochemical
sary to protect the public health and Oxidants Corrected for Interter
welfare. ences Due to Nitrogen Oxide and (c) The promulgation of national Sulfur Dioxide.
primary and secondary ambient air qual. Appendix E-Reference Method for the De
ity standards shall not be considered in termination of Hydrocarbons Cor
any manner to allow significant deteriorected for Methane.
ration of existing air quality in any porAppendix F-Reference Method for the Determination of Nitrogen Dioxide
tion of any State. (24-Hour Sampling Method).
(d) The proposal, promulgation, or
revision of national primary and secondAUTHORITY; The provisions of this part
ary ambient air quality standards shall 50 issued under sec. 4, Public Law 91-604, 84 Stat. 1679.
not prohibit any State from establishing
ambient air quality standards for that SOURCE: The provisions of this part 50 ap
State or any portion thereof which are pear at 36 F.R. 22884, Nov. 25, 1971, unless
more stringent otherwise noted.
standards. 8 50.1 Definitions.
8 50.3 Reference conditions. (a) As used in this part, all terms not defined herein shall have the meaning
All measurements of air quality are
corrected to a reference temperature of given them by the Act. (b) “Act" means the Clean Air Act, as
25° C. and to a reference pressure of 760 amended (42 U.S.C. 1857–18571, as
millimeters of mercury (1,013.2 millamended by Pub. L. 91–604).
(c) "Agency" means the Environ- $ 50.4 National primary ambient air. mental Protection Agency.
quality standards for sulfur oxides (d) "Administrator" means the Ad
(sulfur dioxide). ministrator of the Environmental Pro
The national primary ambient air tection Agency.
quality standards for sulfur oxides, (e) "Ambient air" means that portion
measured as sulfur dioxide by the referof the atmosphere, external to buildings,
ence method described in Appendix A to to which the general public has access. this part, or by an equivalent method, (f) "Reference method" means 8
are: method of sampling and analyzing for
(a) 80 micrograms per cubic meter an air pollutant, as described in an ap
(0.03 p.p.m.)-annual arithmetic mean. pendix to this part.
(b) 365 micrograms per cubic meter (g) "Equivalent method” means any
(0.14 p.p.m.)-Maximum 24-hour conmethod of sampling and analyzing for
centration not to be exceeded more than an air pollutant which can be demon
once per year. strated to the Administrator's satisfaction to have a consistent relationship to
$ 50.5 National secondary ambient air
quality standards for sulfur oxides the reference method.
(sulfur dioxide). 8 50.2 Scope.
The national secondary ambient air (a) National primary and secondary quality standards for sulfur oxides, ambient air quality standards under sec- measured as sulfur dioxide by the refertion 109 of the Act are set forth in this ence method described in Appendix A to part.
this part, or by an equivalent method, (b) National primary ambient air are: quality standards define levels of air (a) 60 micrograms per cubic meter quality which the Administrator judges (0.02 p.p.m.)--annual arithmetic mean.
(b) 260 micrograms per cubic meter chemical oxidants, measured and cor(0.1. p.p.m.)-maximum 24-hour con- rected for interferences due to nitrogen centration not to be exceeded more than oxides and sulfur dioxide by the reference once per year, as a guide to be used in method described in Appendix D to this assessing implementation plans to achieve part, or by an equivalent method, is: 160 the annual standard.
micrograms per cubic meter (0.08 (c) 1,300 micrograms per cubic meter p.p.m.) ---maximum 1-hour concentra(0.5 p.p.m.)---maximum 3-hour concen- tion not to be exceeded more than once tration not to be exceeded more than per year. once per year.
$ 50.10 National primary and second$ 50.6 National primary ambient air ary ambient air quality standard for
quality standards for particulate hydrocarbons.
The hydrocarbons standard is for use The national primary ambient air as a guide in devising implementation quality standards for particulate matter, plans to achieve oxidant standards. measured by the reference method de- The national primary and secondary scribed in Appendix B to this part, or by ambient air quality standard for hydroan equivalent method, are:
carbons, measured and corrected for (a) 75 micrograms per cubic meter- methane by the reference method deannual geometric mean.
scribed in Appendix E to this part, or by (b) 260 micrograms per cubic meter- an equivalent method, is: 160 micrograms maximum 24-hour concentration not to per cubic meter (0.24 p.p.m.)
maximum be exceeded more than once per year. 3-hour concentration (6 to 9 a.m.) not to $ 50.7 National secondary ambient air
be exceeded more than once per year. quality standards for particulate
National primary and secondmatter.
ary ambient air quality standard for The national secondary ambient air
nitrogen dioxide. quality standards for particulate matter, The national primary and secondary measured by the reference method de- ambient air quality standard for nitrogen scribed in Appendix B to this part, or by dioxide, measured by the reference an equivalent method, are:
method described in Appendix F to this (a) 60 micrograms per cubic meter- part, or by an equivalent method, is: 100 annual geometric mean, as a guide to be micrograms per cubic meter (0.05 used in assessing implementation plans to p.p.m.)-annual arithmetic mean. achieve the 24-hour standard.
APPENDIX A REFERENCE METHOD FOR (b) 150 micrograms per cubic meter- DETERMINATION OF SULFUR DIOXIDE IN THE maximum 24-hour concentration not to ATMOSPHERE (PARAROSANILINE METHOD) be exceeded more than once per year.
Principle and Applicability. 1.1 Sulfur 8 50.8 National primary and secondary
dioxide is absorbed from air in a solution of ambient air quality standards for car
potassium tetrachloromercurate (TCM). A bon monoxide.
dichlorosulfitomercurate complex, which re
sists oxidation by the oxygen in the air, is The national primary and secondary formed (1, 2). Once formed, this complex is ambient air quality standards for carbon stable to strong oxidants (e.g., ozone, oxides monoxide, measured by the reference
of nitrogen). The complex is reacted with method described in Appendix C to this
pararosaniline and formaldehyde to form in
tensely colored pararosaniline methyl sulpart, or by an equivalent method, are:
fonic acid (3). The absorbance of the solu(a) 10 milligrams per cubic meter (9 tion is measured spectrophotometrically. p.p.m.)---maximum 8-hour concentra- 1.2 The method is applicable to the meastion not to be exceeded more than once urement of sulfur dioxide in ambient air per year.
using sampling periods up to 24 hours. (b) 40 milligrams per cubic meter (35 2. Range and Sensitivity. 2.1 Concentrap.p.m.)-maximum 1-hour concentra
tions of sulfur dioxide in the range of 25 to tion not to be exceeded more than once
1,050 ug/m.: (0.01 to 0.40 p.p.m.) can be meas
ured under the conditions given. One can per year.
measure concentrations below 25 ug./m. by $ 50.9 National primary and secondary sampling larger volumes of air, but only 11 ambient air quality standards for
the absorption efficiency of the particular sysphotochemical oxidants.
tem is first determined. Higher concentra
tions can be analyzed by using smaller gas The national primary and secondary samples, a larger collection volume, or a suitambient air quality standard for photo- able aliquot of the collected sample. Beer's