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B-205755 1 (1982-12-06)

handle is hein.gao/gaobabkgv0001 and id is 1 raw text is: COMPTROLLER GENERAL OF THE UNITED STATES 4' / WASHINGTON D.C. W05.4 llI l 11111111 II1 IIIIII Ili HI 120434 B-205755 December 6, 1982 The Honorable John D. Dingell Chairman, Subcomittee on Oversight and Investigations OCmnittee on Energy and Cocimrce House of Representatives Dear Mr. Chairman: In your letter of November 23, 1981, you requested, among other things, that the General Accounting Office provide you with an opinion concerning the legality of a waiver under section 211(f) of the Clean Air Act, 42 U.S.C. S 7545(f), (Supp. I, 1977) granted by the Environrental Protection Agency (EPA) to Anafuel Uilimited (Anafuel). You asked that we respond to six specific questions concerning various aspects of this waiver. Flor the reasons discussed below, we find: (1) The action of the EPA Administrator in granting a waiver to Anafuel, notithstanding staff recomendations that the waiver re- quest be denied, was within the authority granted the Administrator by section 211(f)(4) of the Clean Air Act. (2) The legislative history unequivocally surorts e conclusion that the Administrator can grant a waiver condition)ly or unconditionally. (3) Referral of such ,.aiver reauests to the Office of Management and Budget for review would normialy be reuiired by Executive Order 12291, February 17, 1981 (46 F.R. 13193, February 19, 1981), but not when the tiFe needed for review would cause a conflict with a statu- tory deadline for respcnding to the request., (4) The extension of the statutorily required 180-day deadline for granting or denying a waiver request was not specifically authorized by the statute. However, granting the conditional waiver did not harm the party to be protected Dy tho deadline and resulted in the imrposition of requirements on Aafuei to provide specified environ- mrntal safeguards. (5) EPA's action in providing internal EPA memoranda to Anafuel could be interpreted as being within the &- bit of the preferential treatment prohibition in the agency's ethical standards. Eecause we cannot determine the nature and extent of information custcrarily disclosed orally by EPA to waiver appiicant-s, however, we are not in a position tc render an opinion on the propriety of EPA's actions.

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