COMPLIANCE WITH AIR POLLUTION REQUIREMENTS RELATED TO THE INSTALLATION OF AN INCINERAOR AT HEADQUARTERS

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP86-01019R000200020014-7
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 2
• Document Creation Date: December 9, 2016
• Document Release Date: August 8, 2000
• Sequence Number: 14
• Publication Date: September 8, 1975
• Content Type: MF

Approved For Rase 2000/09/14: CIA-RDP86-0DOQ020014-7
8 September 1975
OGC HAS REVIEWED.
MEMORANDUM FOR: Deputy Director for Administration
SUBJECT: Compliance with Air Pollution Requirements Related
to the Installation of an Incinerator at Headquarters
REFERENT: Memo for DCI fm DDA, subj:. Procurement of an
Incinerator for the Headquarters Building, dtd
7 30 Mdj 1975
1. You have requested the opinion of this Office regarding the recommen-
dations in referent related to the proposed installation of a new incinerator at
Headquarters for the destruction of microproduct waste. Of particular concern
is the recommendation that the Agency voluntarily submit to a Fairfax County
Pollution Board public hearing for a permit for this project. For the reasons
outlined below, we recommend that this proposal not be pursued.
2. Section 118 of the Clear Air Act (42 U .S .C .A . 1857f) was amended
by Section 5 of the Clear Air Amendments of 1970 (P .L . 91-604) stating, in
part, that:
Each department, agency, and instrumentality of the
executive, legislative, and judicial branches of the
Federal Government (1) having jurisdiction over any
property or facility, or (2) engaged in any activity
resulting, or which may result, in the discharge of
air pollutants, shall comply with Federal, State, inter-
state, and local requirements respecting control and .
abatement of air pollution to the same extent that any
person is subject to such requirements.
In the legislative history (House Report No. 91-1146) it was reported that:
Instead of exercising leadership in controlling or
eliminating air pollution the Federal Government
has tended to be slow in this respect. The fore-
going provisions are designed to reverse this
tendency.
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3. Executive Order 11752 (17 December 1973) relates to the
prevention, control, and abatement of environmental pollution at
Federal facilities. It derives its authority from the Clear Air Act
as well as a number of other environmental statutes and other acts.
Its purpose is to assure that the Federal Government provides leadership
in the nationwide effort to protect and enhance the quality of the air and
other such resources. It states, however, that:
In light of the principle of Federal supremacy embodied
in the Constitution, this order is not intended, nor should
it be interpreted, to require Federal facilities to comply
with State or local administrative procedures with respect
to pollution, abatement, and control. (Emphasis added.)
It seems clear from this Presidential order that the Federal Government
intends to comply with state and local pollution standards, but will not
be required nor should it submit to local administrative procedures such
as that recommended in referent. While the Order as well as several
Federal statutes requires the heads of Federal agencies to comply with
certain procedures and reporting requirements regarding the abatement
and control of environmental pollution, it is the opinion of this Office
that that recommended in referent relating to the proposed public hearing
should not be undertaken. As an alternative to the recommendation of
referent and in addition to the other requirements of law, you may want
to consider Section 3(6) of the Order which states that:
Heads of Federal agencies shall, with regard to all
facilities under their jurisdiction in the United States:
(6) Consult, as appropriate, with the Administrator
[Environmental Protection Agency] and with State and
local agencies concerning the best techniques and
methods available for the prevention, control, and
abatement of environmental pollution.
with respect to the proposed installation.
25X1A
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