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<br />Summanes ot EPA Comments <br /> <br />hrtp:."es.epugov.oec:lIota brochw <br /> <br />;l,:~~. f: Pl~ 1~~~ ~=-:nm <br /> <br />"%',,,<<oi<;. .,~ <br /> <br />Office of Federal Activities <br /> <br />United States ElWircnment:U PrntecriDn Agency <br />Office 0 f Enfurc ement and Co mp fu.nce Assur:utce <br /> <br />April, 1m <br /> <br />EPA's Section 309 Revievv: <br />The Clean AirAct and NEPA <br /> <br />Office off ederal Activities (2251 A) Qurk Rl!ference Brochure <br /> <br />ENVIRONMENTAL REVIEW AND THE C,LEAN AIR ACT <br /> <br />The Clean Air Act, a law to prevent pollution of a single environmental medium. contains an unusual <br />provision. That provision is Section 309. which authorizes the Environmental Protection Agency <br />(EP A) to review cenain proposed actions of other federal agencies in accordance with the National <br />Environmental Policy Act (NEP A) and to make those reviews public. If the proposing agency (the <br />"lead" agency) does not make sufficient revisions and the project remains environmentally <br />unsatisfactory, EP A may refer the matter to the President's Council on Environmental Quality for <br />mediation. (See Highlight A.) <br /> <br />HIGHLIGHT A: Section 309 of the Clean Air Act <br /> <br />(a) The Ad."ni."'.isuator shall review a..'ld cc:nmentin writing en the envircnrnental im?act of anymatter <br />relating to duties and responsibilities gra:lted putsuarli to this Act or other provisions of the authority of the <br />Ad."tlir.isuator, contained in a.."l)' (1) 1 e gislation proposed by any F e d.eral dep a.:tm ent. C1' agency, (2) newly <br />autho:izedF ederal projects for const.:'Uction a.."l.d anymajor Federal agency action (other than a project for <br />cor.strocticn) to which Section 102(2)(C) of Public Law 91.190 (*} applies, and (3) proposed regulations <br />published by any department or agencyoft..t...e Feden.l. government. Such written Cott'..ment. shall be made <br />public at the ccnclusion of any such review. <br />(b) In t.he event the Ad..ninisuator detenninesths1 anysuc..~legisiation, action,. orregulationis <br />t=lsatisfactory from the standpoint of public health or welfare or en'9"i:com ental CJ.uality, he shall publish his <br />determination and the matter shall bereferr ed to the C omd on En'9"i:onm ental Quali ty. <br /> <br />[*] NEPA(42 USC4332(2)(C) et sag,.) <br /> <br />Section 309 originated in 1970, the year in which landmark national legislation created new agencies <br />and new requirements for restoring and protecting the environment. Besides NEP A and its creation of <br />CEQ, the National Oceanic and Atmospheric Administration (NOAA) and EPA were established, <br />and, at the end of 1970, the Clean Air Act was passed. At that time. many issues of environmental <br />consequence were brewing (see HigWight B), one of which--the proposed supersonic transpon <br />aircraft (SST)--became a crucial test of NEP A. (See The National Environmental Policy Act <br /> <br />A-38 <br /> <br />lofi <br />