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(a) Classified information or material the requested material no longer warfurnished by foreign governments or in- rants classification, it shall be declassiternational organizations and held by fied and made promptly available to the the United States on the understanding requester, if not otherwise exempt from that it be kept in confidence.

disclosure under section 552(b) of title (b) Classified information or material 5 U.S.C. (Freedom of Information Act) specifically covered by statute, or per- or other provision of law. taining to cryptography, or disclosing (vi) Classification review requests. As intelligence sources or methods.

required by subdivision (ii) of this sub(c) Classified information or material paragraph of this order, a request for disclosing a system, plan, installation, classification review must describe the project, or specific foreign relations mat- document with sufficient particularity to ter, the continuing protection of which enable the Department or Agency to is essential to the national security. identify it and obtain it with a reasonable

(d) Classified information or material amount of effort. Whenever a request is the disclosure of which would place a deficient in its description of the record person in immediate jeopardy.

sought, the requester should be asked to (ii) Mandatory review of exempted provide additional identifying informamaterial. All classified information and tion whenever possible. Before denying a material originated after June 1, 1972, request on the ground that it is unduly which is exempted under any of the burdensome, the requester should be above criteria shall be subject to a classi- asked to limit his request to records that fication review by the originating depart- are reasonably obtainable. If nonetheless ment at any time after the expiration of the requester does not describe the rec10 years from the date of origin pro- ords sought with sufficient particularity, vided:

or the record requested cannot be ob(a) A department or member of the tained with a reasonable amount of efpublic requests a review;

fort, the requester shall be notified of the (b) The request describes the docu

reasons why no action will be taken ment or record with suficient particu- and of his right to appeal such decision. larity to enable the department to identify it; and

$ 11.6 Access by historical researchers

and former Government officials. (c) The record can be obtained with a reasonable amount of effort.

(a) Access to classified information or (d) Information or material which no material may be granted to historical longer qualifies for exemption under any researchers or to persons who formerly of the above criteria shall be declassi- occupied policymaking positions to which fied. Information or material which con- they were appointed by the Presitinues to qualify under any of the above dent: Provided, however, That in each criteria shall be so marked, and, unless case the head of the originating Departimpossible, a date for automatic declassi- ment shall: fication shall be set.

(1) Determine that access is clearly (iii) All requests for "mandatory re

consistent with the interests of the naview" shall be directed to:

tional security; and Director, Security and Inspection Division,

(2) Take appropriate steps to assure

that classified information or material Environmental Protection Agency, Washington, D.C. 20460.

is not published or otherwise com

promised. The Director, Security and Inspection (b) Access granted a person by reason Division shall promptly notify the action

of his having previously occupied a office of the request, and the action of

policymaking position shall be limited to fice shall immediately acknowledge re- those papers which the former official ceipt of the request in writing.

originated, reviewed, signed, or received (iv) Burden of proof for administra- while in public office, except as related tive determinations. The burden of proof to the “Declassification of Presidential is on the originating Agency to show that Papers," which shall be treated continued classification is warranted follows: within the terms of this subparagraph (1) Declassification of Presidential (2).

Papers. The Archivist of the United (v) Availability of declassified ma- States shall have authority to review terial. Upon a determination under sub- and declassify information and material division (ii) of this subparagraph, that which has been classified by a Presi

as or

dent, his White House Staff or special the State health authority, charged with committee or commission appointed by responsibility for enforcing State laws him and which the Archivist has in his relating to the abatement of water pollucustody at any archival depository, in- tion, it means such other State agency: cluding a Presidential library. Such declassification shall only be undertaken in (2) For air pollution control facilities, accord with:

the air pollution control agency desig(i) The terms of the donor's deed of nated pursuant to section 302(b) (1) of gift;

the Act; or (ii) Consultations with the Depart- (3) For both air and water pollution ments having a primary subject-matter control facilities, any interstate agency interest; and

authorized to act in place of the (iii) The provisions of § 11.5(c).

certifying agency of a State.

(c) “Applicant” means any person PART 20-CERTIFICATION OF who files an application with the AdminFACILITIES

istrator for certification that a facility

is in compliance with the applicable Sec. 20.1 Applicability.

regulations of Federal agencies and in 20.2 Definitions.

furtherance of the general policies of the 20.3 General provisions.

United States for cooperation with the 20.4 Notice of intent to certify.

States in the prevention and abatement 20.5 Applications.

of water or air pollution under the Act. 20.6 State certification.

(d) “Administrator" means the Ad20.7 General policies.

ministrator, Environmental Protection 20.8 Requirements for certification. 20.9 Cost recovery.

Agency. 20.10 Revocation.

(e) “Regional Administrator" means AUTHORITY: The provisions of this part

the Regional designee appointed by the 20 issued pursuant to secs. 301, 704, 80 Stat.

Administrator to certify facilities under 379, 83 Stat. 667; 5 U.S.C. 301, 26 U.S.C. 169.

this part.

(f) "Facility" means property comSOURCE: The provisions of this Part 20 appear at 36 F.R. 22382, Nov. 25, 1971, unless

prising any new identifiable treatment otherwise noted.

facility which removes, alters, disposes of

stores pollutants, contaminants, & 20.1 Applicability.

wastes, or heat. The regulations of this part apply to (g) "State" means the States, the Discertifications by the Administrator of trict of Columbia, the Commonwealth of water or air pollution control facilities Puerto Rico, the Canal Zone, Guam, for purposes of section 169 of the In- American Samoa, the Virgin Islands, and ternal Revenue Code of 1954,

as the Trust Territory of the Pacific Islands. amended, 26 U.S.C. 169. Applicable regu

& 20.3 General provisions. lations of the Department of the Treasury are set forth at 26 CFR 1.169 et

(a) An applicant shall file an appli

cation in accordance with this part for seq.

each separate facility for which certifi& 20.2 Definitions.

cation is sought; Provided, That one As used in this part, the following application shall sufice in the case of terms shall have the meaning indicated substantially identical facilities which below:

the applicant has installed or plans to (a) “Act" means, when used in con- install in connection with substantially nection with water pollution control identical properties; Provided further, facilities, the Federal Water Pollution

That an application may incorporate by Control Act, as amended (33 U.S.C. 1151

reference material contained in an appliet seq.) or, when used in connection with air pollution control facilities, the Clean

cation previously submitted by the appliAir Act, as amended (42 U.S.C. 1857

cant under this part and pertaining to et seq.).

substantially identical facilities. (b) "State certifying authority" (b) The applicant shall, at the time of means:

application to the State certifying au(1) For water pollution control facil- thority, submit an application in the ities, the State health authority, except form prescribed by the Administrator to that, in the case of any State in which the Regional Administrator for the there is a single State agency, other than region in which the facility is located.

or

(c) Applications will be considered in compliance with requirements identicomplete and will be processed when the fied in § 20.8; and if Regional Administrator receives the com- (2) The application is accompanied pleted State certification.

by a statement from the State certifying (d) Applications may be filed prior or authority that such facility, if consubsequent to the commencement of con- structed, reconstructed, acquired, struction, acquisition, installation, or erected, installed, and operated in acoperation of the facility.

cordance with such application, will be (e) An amendment to an application in conformity with the State program shall be submitted in the same manner or requirements for abatement or control as the original application and shall be of water or air pollution. considered a part of the original appli- (b) Notice of actions taken under cation.

this section will be given to the appro(f) If the facility is certified by the priate State certifying authority. Regional Administrator, notice of certifi

$ 20.5 Applications. cation will be issued to the Secretary of the Treasury or his delegate, and a copy Applications for certification under of the notice shall be forwarded to the this part shall be submitted in such manapplicant and to the State certifying ner as the Administrator may prescribe, authority. If the facility is denied certifi- shall be signed by the applicant or cation, the Regional Administrator will agent thereof, and shall include the foladvise the applicant and State certifying lowing information: authority in writing of the reasons (a) Name, address, and Internal Revtherefor.

enue Service identifying number of the (g) No certification will be made by applicant; the Regional Administrator for any fa- (b) Type and narrative description of cility prior to the time it is placed in the new identifiable facility for which operation and the application, or certification is (or will be) sought, inamended application, in connection with cluding a copy of schematic or engineersuch facility so states.

ing drawings, and a description of the (h) An applicant may appeal any function and operation of such facility; decision of the Regional Administrator (c) Address (or proposed address) of which:

facility location; (1) Denies certification;

(d) A general description of the oper(2) Disapproves the applicant's sug- ation in connection with which such gested method of allocating costs pur- facility is (or will be) used and a desuant to $ 20.8(e); or

scription of the specific process or proc(3) Revokes a certification pursuant to esses resulting in discharges or emis$ 20.10.

sions which are (or will be) controlled

by the facility; Any such appeal may be taken by filing with the Administrator within 30 days

(e) If the facility is (or will be) used

in connection with more than one plant from the date of the decision of the Regional Administrator a written statement

or other property, one or more of which of objections to the decision appealed

were not in operation prior to January 1, from. Within 60 days, the Administrator

1969, a description of the operations

of the facility in respect to each plant shall affirm, modify, or revoke the de

or other property, including a reasonable cision of the Regional Administrator,

allocation of the costs of the facility stating in writing his reasons therefor.

among the plants being serviced, and a & 20.4 Notice of intent to certify.

description of the reasoning and ac

counting method or methods used to ar(a) On the basis of applications sub

rive at such allocation; mitted prior to the construction, recon

(f) Description of the effect of such struction, erection, acquisition, or oper- facility in terms of type and quantity ation of a facility, the Regional Admin

of pollutants, contaminants, wastes or istrator may notify applicants that such heat, removed, altered, stored, or disfacility will be certified if:

posed of by such facility; (1) The Regional Administrator de- (g) If the faciilty performs a function termines that such facility, if con- other than removal, alteration, storage, structed, reconstructed, erected, or disposal of pollutants, contaminants, quired, installed, and operated in ac- wastes or heat, a description of all funccordance with such application will be tions performed by the facility, includ

ac

ing a reasonable identification of the (b) The general policy of the United costs of the facility allocable to removal, States for cooperation with the States in alteration, storage, or disposal of pollut- the prevention and abatement of air polants, contaminants, wastes or heat, and lution is to cooperate with and to assist a description of the reasoning and the the States and local governments in proaccounting method or methods used to tecting and enhancing the quality of the arrive at such allocation;

Nation's air resources by the prevention (h) Date when such construction, re- and abatement of conditions which cause construction, or erection will be com- or contribute to air pollution which enpleted or when such facility was (or will dangers the public health or welfare. be) acquired; (i) Date when such facility is placed

§ 20.8 Requirements for certification. (or is intended to be placed) in oper- (a) Subject to $ 20.9, the Regional ation;

Administrator will certify a facility if he (j) Identification of the applicable makes the following determinations: State and local water or air pollution (1) It has been certified by the State control requirements and standards, if certifying authority. any;

(2) It removes, alters, disposes of, or (k) Expected useful life of facility; stores pollutants, contaminants, wastes

(1) Cost of construction, acquisition, or heat, which, but for the facility, would installation, operation, and maintenance be released into the environment. of the facility;

(3) The applicant is in compliance (m) Estimated profits reasonably ex- with all regulations of Federal agencies pected to be derived through the recovery applicable to use of the facility, includof wastes or otherwise in the operation of ing conditions specified in any permit the facility over the period referred to in issued to the applicant under section 13 paragraph (a) (6) of 26 CFR 1.169-2; of the Rivers and Harbors Act of 1899,

(n) Such other information as the as amended. Administrator deems necessary for (4) The facility furthers the general certification

policies of the United States and the

States in the prevention and abatement & 20.6 State certification.

of pollution. The State certification shall be by the (5) The applicant has complied with State certifying authority having juris- all the other requirements of this part diction with respect to the facility in and has submitted all requested informaaccordance with 26 U.S.C. 169 (d) (1) (A) tion. and (d) (2). The certification shall state (b) In determining whether use of a that the facility described in the appli- facility furthers the general policies of cation has been constructed, recon- the United States and the States in the structed, erected, or acquired in con- prevention and abatement of water polformity with the State program or re- lution, the Regional Administrator shall quirements for abatement or control of consider whether such facility is consistwater or air pollution. It shall be exe- ent with the following, insofar as they cuted by an agent or officer authorized to are applicable to the waters which will be act on behalf of the State certifying affected by the facility: authority.

(1) All applicable water quality stand

ards, including water quality criteria and 8 20.7 General policies.

plans of implementation and enforce(a) The general policies of the United ment established pursuant to section 10 States for cooperation with the States in (c) of the Act or State laws or regulathe prevention and abatement of water tions; pollution are: To enhance the quality (2) Recommendations issued pursuant and value of our water resources; to elim- to section 10 (e) and (f) of the Act; inate or reduce the pollution of the na- (3) Water pollution control programs tion's waters and tributaries thereof; to established pursuant to section 3 or 7 of improve the sanitary condition of surface the Act. and underground waters; and to con- (c) In determining whether use of a serve such waters for public water sup- facility furthers the general policies of plies, propagation of fish and aquatic the United States and the States in the life and wildlife, recreational purposes, prevention and abatement of air polluand agricultural, industrial, and other tion, the Regional Administrator shall legitimate uses.

consider whether such facility is consist

ent with and meets the following requirements, insofar as they are applicable to the air which will be affected by the facility;

(1) Plans for the implementation, maintenance, and enforcement of ambient air quality sta rds adopted or promulgated pursuant to section 110 of the Act;

(2) Recommendations issued pursuant co sections 103(e) and 115 of the Act which are applicable to facilities of the same type and located in the area to which the recommendations are directed;

(3) Local government requirements for control of air pollution, including emission standards;

(4) Standards promulgated by the Administrator pursuant to the Act.

(d) A facility which removes elements or compounds from fuels which would be released as pollutants when such fuels are burned may not be certified whether or not such facility is used in connection with the applicant's plant or property where such fuels are burned.

(e) Where a facility is used in connection with more than one plant or other property, one or more of which were not in operation prior to January 1, 1969, or where a facility will perform a function other than the removal, alteration, storage or disposal of pollutants, contaminants, wastes, or heat, the Regional Administrator will so indicate on the notice of certification and will approve or disapprove the applicant's suggested method of allocation of costs. If the Regional Administrator disapproves the applicant's suggested method, he shall identify the proportion of costs allocable to each such plant, or to the removal, alteration, storage or disposal of pollutants, contaminants, wastes, or heat.

20.9 Cost recovery.

Where it appears that, by reason of estimated profits to be derived through the recovery of wastes, through separate charges for use of the facility in question, or otherwise in the operation of such facility, all or a portion of its costs may be recovered over the period referred to in paragraph (a) (6) of 26 CFR 1.169-2, the Regional Administrator shall so signify in the notice of certification. Determinations as to the meaning of the term "estimated profits" and as to the percentage of the cost of a certified facility which will be recovered over such period shall be made by the Secretary of the Treasury, or his delegate: Provided, That in no event shall estimated profits be deemed to arise from the use or reuse by the applicant of recovered waste. $ 20.10 Revocation.

Certification hereunder may be revoked by the Regional Administrator on 30 days written notice to the applicant, served by certified mail, whenever the Regional Administrator shall determine that the facility in question is no longer being operated consistent with the $ 20.8 (b) and (c) criteria in effect at the time the facility was placed in service. Within such 30-day period, the applicant may submit to the Regional Administrator such evidence, data or other written materials as the applicant may deem appropriate to show why the certification hereunder should not be revoked. Notification of a revocation under this section shall giver the Secretary of the Treasury or his delegate. See 26 CFR 1.169-4(b) (1).

SUBCHAPTER B-GRANTS

Note: Previously published EPA grant regulations were revoked, 36 F.R. 22369, Nov. 25, 1971, but were maintained as uncodified regulations. Such uncodified grant regulations will continue as uncodified regulations, to the extent not inconsistent with the regulations promulgated pending publication of appropriate additional final or interim regulations. (See 36 F.R. 22716–22728, Nov. 27, 1971) PART 30—GENERAL GRANT

Sec.

30.105 Citation. REGULATIONS AND PROCEDURES

30.106 Amendment. Sec.

30.107 Grant information. 30.100 Purpose of regulation.

Subpart A-Basic Policies 30.101 Authority.

30.200 The role of EPA. 30.102 Applicability and scope.

30.201 Role of the Administrator. 30.103 Publication.

30.202 Responsibility of the grantee. 30.104 Coples.

30.203 Grant objectives.

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