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B-191747 1 (1978-06-06)

handle is hein.gao/gaobadgcj0001 and id is 1 raw text is: .1 46 PILE: N-1TfT47 WU THE COM PTROLLEN WRNEUAL OF THE UNITED STATUE WA8HINGTON. [.C. 20543 JUN 6 1978 DATE: MATTER OF: Natonal Oceanic and Atmospheric Agacy Payment of Civil Peusy for Violation of Local Air Quality DIGEST: 9aiad 1. Donlal Oceanic and Atmospheric Administration must comply with local air quality standards and Is subject to admlnistratively imposed sanctions levied by local air pollution control autority since in sention I8 of the Clean Air Act. am amended. 42 U.S. C. 5 7418, Congress valved the defense of sovereign immunity in order to insure Vall Federal compliance with State and local air quality regulatas. 2. Civil penalty adminltatntily imposed by local air pollution control authority,. levied pursuant to clear statutory authority may be paid from Federal agency's appropriation for 'messary sepa..es i Incurred In Cie courne of activities necessary and proper or Inct- dental to fulling the purpsse for which the wppro- priation was made. By Ifter o March 10. 1978. Mr. C. J. Terry, Certtfying Officer, Northwet Atdniwtrative Service Office, National Ocesaic and Atmos* pheric Administration (OAA), United States Department of Commerce, requested our adveace decislen as to t& propriety of charging NOAA appropriated tand with payment of a flas levied, by the Pugrt Sound Air Pothdrnm Corol Agency (PBAPCA) for IOAA'u violation of local air qualty stadards. Section 10 of Cluma Air Act, 42 U. S. C. 5 7409, gives the Admin- istrator of the flvironmental Protection Agency (EPA) responsibility for promulgating ambient air quality standards. However. responsi- bility for implemoSuig these standards Is assigned to the States which are in trns required to develop and adopt tmplementation plans and submit them to EPA for approval. 42 U. S. C. J 7410. The record shows that the PSAPCA operates under the authofity of the State of Washington's Clean Air Act impleentatlion plan which has been ap- proved by EPA. S.cMd 118 of the Act (42 V.S. C. S 7418), subjects eders1 cilities to these State and local air pollution control require- ments. (Untt) resently, the Clean Air Act, as amended. was located in the United States Code at 43 U.S.C. 5 1857-1853. After enactment of the Clean Air Act Amendments of 1977a Infra, the Act Is now located at 43 U.S. C. £ 7401 et M., and we wHI use the new desig- nations hereafter.) -l - a 40 I A jr'Y*J ~1 V I

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