Obligation of Federal Facility Under Clean Air Act To Pay Fees for Permits

The Air Force requested a decision on whether an Air Force base must pay filing and operating permit fees for certain equipment, such as gasoline storage tanks, boilers, and paint spray booths, to the air pollution control authority of the county in which the base is located. The Clean Air Act Amendments constituted a waiver of sovereign immunity and required that federal facilities comply with all state and local air pollution requirements, both substantial and procedural. Therefore, the Air Force installation must pay permit fees for the operation of equipment which would be subject to the municipality's air pollution control regulations if operated by a nongovernmental entity.