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B-193379 1 (1979-01-26)

handle is hein.gao/gaobadgwe0001 and id is 1 raw text is: DECISION FILE: B-193379 DATE:January 26, 1979 MATTER OF: Obligation of Federal Facility under Clean Air ct to Pay Fees frt untynr- mc±rt-a+PvctocticrPPermits DIGEST: In the absence of express .Presfential exemption, the 1977 Amendment to section 118 of the Clean Air Act requires Federal facilities to abide by State and local laws regarding abatement and control of pollution, to same extent as nongovernmental entity, including obtaining permits and paying associated fees. There- fore Air Force must pay permit fee to municipal air pollution control authority for operation of equip- ment which would be subject to municipality's air pollution control regulations if operated by nongovern- mental entity. The Deputy Director, Plans & Systems, United States Air Force, has forwarded a request by the Accounting and Finance Office of the 323d Flying Training Wing, Mather Air Force Base, California (Mather AFB), for an advance decision on whether Mather AFB 1)L(e- must pay filing and operating permit.fees for certain equipment (e. g., gasoline storage tanks, boilers, and paint spray booths) to -7 tEeAir Pollution Control District, Sacramento County, California (AP r is an autnorized certifying officer and has a voucher before him for payment in the amount of $2, 082. 50. The Accounting and Finance Officer has been informed by the APCD that it interprets the 1977 Amendment to section 118 of the Clean Air Act (Act), Pub. L. No. 95-95, section 116, 91 Stat. 711 (1977), classified to 42 U. S. C. §7418, as making Mather AFB subject to all local requirements for the control and abatement of air pollution, including the obtaining of permits. Under Rule 70 of the APCD Rules and Regulations, a fee schedule is established for required permits. The Accounting and Finance Officer asks whether the APCD interpretation of this amendment is correct. Additionally, he asks that we examine certain bases of exemp- tion from the local regulations requiring permits or fees, if we decide that Federal agencies and departments, such as Mather AFB, are subject to local regulation. The specific bases of these exemp- tions advanced by the Accounting and Finance Officer are: THE COMPTROLLER GE11ERAL . . OF THE UNITED STATES WASHINGTON, D.C. 20548

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