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<br />r <br /> <br />.. --"" <br /> <br />002080 <br /> <br />" <br /> <br />EPA's "309 REVIEW" PROCESS <br /> <br />Section 309 of the Clean Air states: <br /> <br />"(a) The Administrator shall review and comment in writing on the en- <br />vironmental impact of any matter relating to duties and responsibilities granted <br />pursuant to this chapter or other provisions of the authority of the Administrator, <br />contained in any (1) legislation proposed by any Federal department or agency, (2) <br />newly authorized Federal projects for construction and any major Federal Agency <br />action lother than a project for construction) to which Section 4332(211C) of this <br />title applies, and (3) proposed regulations published by any department or agency <br />of the Federal {;o\lernment. Such written comment shall be made public at the <br />conclusion of any such review. <br /> <br />This section was added to the Clean Air Act in 1970, at the time the Na- <br />tional Environmental Policy Act (NEPAl was passed and the EPA was formed. <br />The rationale was that the EISs that Federal agencies would be developing under <br />NEPA should have an independent review and that the newly formed EPA should <br />perform it, <br /> <br />~' <br />~ <br />j::' <br />i~. <br />r <br />~. <br />i!, <br />~: <br />~ <br />f <br />,,~-. <br /> <br />(b)ln the event the Administrator determines that any sl':h legislation, <br />action, or regulation is unsatisfactory from the standpoint of public health or <br />welfare or environmental quality, he shall publish his detem,ination and the mat- <br />ter shall be referred to the Council on 'Environmental Quality." ' <br /> <br />EPA developed implementing procedures in 1971 to carry out this respon- <br />sibility and, in conjunction with the (::ouncil on Environmental Quality (CEQ), has <br />refined those procedures since then. Operating procedures are contained in the <br />manual. "Policies and Procedures for the Review of Federal Actions Impacting <br />the Environment" (revised in 1984). <br /> <br />&1_ <br />'to <br />J <br /> <br />l <br /> <br />In accordance with these operating procedures, EPA reviews, comments, <br />and makes those comments available to the public, on all Federal draft and final <br />EISs. proposed environmental regulations, and other proposed major actions we' <br />consider to have significant environmental effects, EPA has reviewed all of the <br />approximately 14,000 draft and final EIS's produced since the passage of NEPA. <br />