+(,121/,1(

Citation: 40 Fed. Reg. 25004 1975 

Content downloaded/printed from 

HeinOnline (http://heinonline.org)

Wed Oct 21 15:43:12 2015

-- Your use of this HeinOnline PDF indicates your acceptance

 of HeinOnline's Terms and Conditions of the license

 agreement available at http://heinonline.org/HOL/License

-- The search text of this PDF is generated from 

 uncorrected OCR text.
RULES AND REGULATIONS

(National Flood Insurance Act of 1968 (title

XIII of the Housing and Urban Development

Act of 1968); effective 'Jan. 28, 1969.(33 FR

17804, Nov. 28, 1968), as amended (42

U.S.C. 4001-4128); and Secretary's delegation of authority to Federal Insurance Administrator, 34 FR.2680, Feb. 27, 1969) as amended 39 FR 2787, Jan. 24, 1974.

Issued: May 27, 1975.

J. ROBERT HuNTER,

Acting Federal

Insurance Administrator.

[FR Doc.75-14990 Filed 6-9-76;8:45 am]

Title 33-Navigation and Navigable Waters

CHAPTER I-COAST GUARD,

DEPARTMENT OF TRANSPORTATION

[CGD 75-701

PART 17-DRAWBRIDGE OPERATION

REGULATIONS

West Palm Beach Canal, Florida

This amendment changes the regula- tions for the U.S. Route 1 highway bridge across the West Palm Beach

Canal, Florida to require that the draw

open on signal if at least 24 hours notice

Is given. This amendment was circulated as a public notice dated April 4, 1975, by

the Commander, Seventh Coast Guard

District and was published in the FEDErRAL REGISTER as a notice of proposed

rule making (CGD 75-70) on March 27, 1975 (40 FR 13518). Three responses were received and they either supported, or had no comment regarding, the proposal. Accordingly, Part 117 of Title 33 of the

Code of Federal Regulations is amended

by revising § 117.441a to read as follows:

§ 117.441a West Palm Beach Canal, Florida; U.S. 1 bridge.

The draw shall. open on signal if at

least 24 hotqrs notice is given.

(See. 5, 28 Stat. 362, as-amended, sec. 6(g)

(2), 80 Stat. 937; 33 U..C. 499, 49 U.S.C. 1655 (g) (2); 49 CFR 1.46(c) (5), 33 CFR 1.05-1

(c)(4)).

Effective date. This revision shall be- come effective on July 14, 1975.

Dated: June 9, 1975.

R. I. PRICE,

Rear Admiral, U.S. Coast Guard,

Chief, Office of Marine Environment and Systems.

[FR Doc.75-15397 Filed 6-11-75;8:45 am]

Title 36-Paris, Forests, and Public

Property

CHAPTER I-NATIONAL PARK SERVICE,

DEPARTMENT OF THE INTERIOR

PART 7-SPECIAL REGULATIONS, AREAS

OF THE NATIONAL PARK SERVICE

Yosemite National Park, California;

Camping

A proposal was published on page

12806 of the FEDERAL REGISTER of March

21, 1975, to adcd paragraph (e) (3) to

§ '.16 of Title 36 of the "Code of Federal Regulations." The purpose of this amendment is to

introduce a new regulation for Yosemite

National Park. The result should be better safeguarding of foods from wildlife in

the Park's campgrounds, particularly

from the American black bear.

Interested persons were given 30 days within which to submit written com- ments, suggestions, or objections with re- spect to the proposed amendments. No

comments, suggestions or objections have

been received and the proposed amendments are hereby adopted without

change and as set forth-below. These

amendments shall take effect June 12, 1975.

Section 7.16 is amended with the addition of paragraph (e) (3) as follows:

§ 7.16 Yosemite National Park.

(e)

(3) All food or similar organic ma- terial must be kept completely sealed in a vehicle or camping unit that is con- structed of solid, nonpliable material, or must be suspended at least 10 feet above

the ground and four feet horizontally from any post or tree trunk. This rq- striction does not apply to food thak Is

being eaten or is being prepared for eating.

LEsLIE P. ARINBERGER,

Superintendent,

National Park Servfce.

[FR Doc.7-15272 Filed 6-11-75;8:45 am]

Title 40-Protection of Environment

CHAPTER I-ENVIRONMENTAL

PROTECTION AGENCY

SUBCHAPTER C-AIR PROGRAMS [FRL 379-1]

PART 52-APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

Prevention of Significant Air Quality peterioration

On December 5, 1974 (39 PR 42510),

the Administrator of the Environmental

Protection Agency. promulgated final

regulations for preventing the significant

deterioration of air quality in each state.

This notice contains minor amendments

to the December 5 promulgation. All State implementation plans were disapproved with respect to prevention of significant deterioration of air quality in a general disapproval statement set

forth in § 52.21(a). In the amendments

published below, a specific disapproval Is

incorporated into the applicable subpart

for each state in Part 52 and the general disapproval statement of § 52.21(a) is

modified accordingly. Similarly, the spe- cific requirements of paragraphs (c),

(d), (e), and (f) in § 52.21 for preventing significant deterioration are incorporated by reference into each subpart. The applicability provisions of § 52.21 (c)

and (d) are changed accordingly. Although these changes have no substantive effect, they are made so that all ap- proval/disapproval actions and promul- gations appear in the appropriate subpart designated for each State so that all

regulations applicable- to a particular

Implementation plan are located in one place.

The definition of "construction" is

modified below to remove the reference

to "affected facility," since this term is

used differently in 40 CFU Part 00

(Standards of Performance for Now

Stationary Sources) and could creato

confusion. The definition of "commenced" Is modified to be consistent with

the definition of that tern set forth in

Part 60. These changes correct Inadvertent errors in the December 5 regula- tions; no substantive alteration of the

regulation is intended by these modifications.

The provisions of § 52.21(o) (3) (11), which set forth the requirements for redesignating areas, are modified to require consultation with the elected leadership of local and other substato gen- eral purpose governments in the area covered by the proposed redesIgnation Due to the significant land use implica- tions of these regulations, this provision is being added to ensure that the elected

leaders of cities and counties affected by the redesgnation have substantial input to the reclassification decision.

The provisions of § 52.21(o) (3) (vi), specifying the standards the Adminstrator will use in approving or disap- proving a request for reclassification, are

changed below to require that a State

must have requested and received delegation of the new source review before a

State may reclassify any area. The previous wording would have permitted a

State to reclassify areas, even though their request for delegation might have

been unapprovable. Since the intent of

this provision was to ensure that a State

implement the new source review as a

precondition to reclassification, this

change is made to be consistent with

that intent. " It has come to the Administrator's attention that the above provision could

be inequitable in cases where a State

does not have adequate legal authority to

accept delegation. Even though a State

may be willing to accept the delegation, lack of legal authority may prevent the

State from doing so. Therefore, an ex- emption from this precondition for reclassification Is added below for caes

where lack of legal authority preventg

a State from accepting delegation, The

exemption provision added below distinguishes between the administrative/

technical functions of the new source review and the enforcement functions. It

makes'clear that EPA can delegate only the administrative/technical functions

and will Implement any necessary enforcement functions and that this arrangement will satisfy the requirements for accepting delegation. Paragraph (c) (1) of the December 5

regulations required States to notify the

Administrator by June 1, 1975, of those

areas which are pervasively above any national standard for sulfur dioxido or particulate matter and therefore would

be exempt from the area classflc ation

requirements of paragraph (c). This pro- vision has been modified to remove the

FEDERAL REGISTER, VOL 40, NO. 114-THURSDAY, JUNE 12, 1975

25004
RULES AND REGULATIONS

June 1, 1975 date and to allow a State

to submit this notification at any time.

It should be noted that a State is not required to submit this notification, since

the existence of an allowable incremental

increase in air quality has little impact

in an area that must decrease air quality

in order to attain the national standards.

Additional guidance for States wishing

to exempt an area that pervasively exceeds standards is available from EPA's

Regional Offices.

An error in the wording of paragraph

(d) (1) is also corrected below; the revised wording indicates that a source

which is modified, but does not increase

the amount of sulfur oxides or particulate matter, is not subject to the new

source review requirements of paragraph' (d). In addition, the words at

the end of paragraph (d) (3) . are

changed from "since the effective date

of this paragraph" (i.e., January 6,

1975) to "January 1, 1975." This is to

make this wording consistent with the

rest of the regulation, which requires

that significant deterioration be based

on the deterioration occurring since

January 1, 1975. Finally, typographical

errors in paragraphs (d) and (e) are

corrected by inserting the word "extent" in the last phrase of subdivision

(d) (4) (iii), and by inserting the phrase

"by no more than 30 days", in subdivision (e) (1) (vi). Again, these changes

correct minor drafting errors and no

change in the scope of the regulations is

intended.

The requirements of paragraph (d)

(3) (ii) (b) are modified below to require

that a State proposing to reclassify an

area must notify any Indian Governing

Body ,or Federal Land Manager whose

lands may be affected by the reclassification.

Paragraph (f) (2) (i) of the December

5 regulations requires appropriate con- sultation between air pollution control

agencies and land use planning agencies

in cases when'EPA delegates the new

source review requirement to the State

or local level. The provisions of paragraph (f) (2) (1) are modified below to

require that this consultation involve

the State or local agency primarily responsible for managing land use, as opposed to the land use planning agency.

Since the required consultation involves

actions on individual requests to construct, the Administrator feels it more

appropriate for the consultation to involve the agency primarily responsible

for implementing any applicable land

use plan than the agency responsible

for developing the land use plan.

It has come to the Administrator's

attention that there is some confusion

concerning the -need to precisely determine baseline air quality concentrations

in all areas of the country. Baseline air

quality data are not needed in order to

implement the regulations, since significant deterioration is defined in terms

of air quality increments rather than

absolute air quality levels. Of course, in

Class m areas, the basis for approval or

disapproval is related to absolute air

quality levels (ie., the national standards), and in such cases Information on existing air quality is needed. However,

the approval/disapproval decision as related to possible violations of the national

standards is not a new requirement

-added by the significant deterioration

regulations. Such procedures are presently being implemented by most States

under their implementation plans,

which were approved as meeting the re- quirements of § 51.18 of this chapter.

The term "baseline air quality" is used

in an abstract sense to establish the

"starting point" for-defining significant

deterioration. It is essentially based on air quality as of 1974. although the specific concentration need not be known.

To eliminate the confusion generated by

the term baseline air quality data, this

phrase has been eliminated from the

regulation. The language of paragraph

(c) (2) has been modified to specify that

the Class I and II increments refer to air

quality increases occurring since January 1, 1975. However, the impact of sources granted approval to construct or

modify prior to January 1, 1975 but

which were not yet operating prior to

that date, would not be counted against

the applicable increments. The language

of paragraph (d) (2) (1) has also been

modified to be consistent with the above

changes. These changes in no way alter

the original intent of the regulation.

As indicated in the December 5 preamble, these regulations will be carried

out through EPA's Regional Offices in

accordance with the provisions of § 52.16,

which also lists theaddresses of each Regional Office.

The December 5 preamble also Indicated that the technical procedures for

determining the air quality impact of a new source would generally be based on

the following publications: "Guidelines

for Air Quality Maintenance Planning

and Analysis," Vols. 10 and 12. These

publications, along with the technical

support document for the significant deterioration regulations, are available

from the National Technical Information Service, 5258 Port Royal Road.

Springfield, Va. 22151. Orders should include the publication number and payment as follows:

Technical Support Document-EPA Regu- lations for Preventing the Significant Doterloration of Air Quality publication num- ber P. B. 240215/AS, $5.25.

Vol. 10, "Reviewing Now Stationary Sources," publication number 237535/AS, $4.75.

VoL 12, "Applying Atmospheric Simulation

Models to Air Quality Maintenance Axeac,"

publication number 237750/AS, $4.25.

The Administrator finds good reason

for promulgating these amendments

without having first proposed them and

for making them effective June 12, 1975,

since:

1. The modifications are generally

minor clarifications and corrections.

2. The only changes which modify the

intent of the December 5 regulations involve minor procedural changes and

therefore add no major substantive re- quirements.

25005

(Sec. 110(c) and 301(a). Clean Air Act s amended (42 U.S.C. 1857c-5(c) and 1857g (a)) .)

Dated: June 5,1975.

RUSSL E. TnAlN,

Administrator.

Subpart A-General Provisions

Subpart A. Part 52, Chapter I Title 40,

of the Code of Federal Regulations is

amended as follows:

1. Section 52.21 Is amended by revising

paragraphs (a), (b)(1), (6), and (7),

(c) (1), (2) (1) and (I1), (3) (i) (b) and (vi) (a), (d) (1), W2 (t), (3). and (4) (111).

(e) (1) (vi), and () (2) (1); and by addIng new paragraphs (c) (3) (if) (e) and

(vi) W). to read as follows:

§ 52.21 Significant deterioration of air

quality.

(a) Plan disapprovaL Subsequent to

May 31, 1972. the Administrator re- viewed State Implementation plans to

determine whether or not the plans permit or prevent significant deterioration

of air quality in any portion of any State

,where the existing air quality is better

than one or more of the secondary

standards. The review indicates that

State plans generally do not contain

regulations or procedures specifically

addressed to this problem. Specific disapprovals are listed, where applicable, in

Subparts B through DDD of this part.

No disapproval with respect to a State's

failure to prevent significant deterioration of air quality shall invalidate or otherwise affect the obligations of States,

emission sources, or other persons with

respect to all portion of plans approved or promulgated under this part.

(b) Definitions. For the purposes of

this section:

(1) "Facility" means an Identifiable

piece of process equipment. A stationary

source Is composed of one or more pollutant-emitting facilities. S S S S *

(6) "Construction" means fabrication,

erection or installation of a stationary source.

(7) "Commenced" means that an owner or operator has undertaken a con- tinuous program of construction or modification or that an owner or operator has entered into a contractual obligation to undertake and complete, within a reasonable time, a continuous program

of construction or modification.

(c) Area designation and deterioration increment. (1) The provisions of

this paragraph have been incorporated

by reference Into the applicable Implementation plans for various States, as provided In Subparts B through DDD of

this part. Where this paragraph is so incorporated, the provisions shall also be

applicable to all lands owned by the

Federal Government and Indian Reservations located in such State. The

provisions of this paragraph do not

apply In those counties or other functionally equivalent areas that pervasively

exceeded any national ambient air

quality standirds during 1974 for sulfur

dioxide or particulate matter and then

FEDERAL REGISTER, VOL 40, NO. 114-THURSDAY, JUNE 12, 1975
RULES AND REGULATIONS

only with respect to such pollutants.

States may notify the Administrator at

any time of those areas which exceeded

the national standards during 1974 and

therefore are exempt from the requirements of this paragraph. (2) (1) For purposes of this paragraph, areas designated as Class I or 31 shall be limited to the following in- creases in pollutant concentration oc- curring since January 1, 1975: * * * (iii) The air quality impact of sources granted approval to construct or modify prior to January 1, 1975 (pursuant ta

the dpproved new- source review procedures in the plan), but not. yet operating

prior to January 1, 1975, shall not be

counted against the air quality increments specified" In paragraph (c) (2) (i)

of this section. (3) * * * (ii) * *

(b) Other States, Indian Governing

Bodies, and Federal Land Managers

whose lands may be affected by the pro- posed redesignation are notified at least

30 days prior to the public hearing, and

(e) The redesignation is proposed after

consultation with the elected leadership

of local and other substate general purpose governments in the area, covered

by the proposed, redesignation.

(vi) *

(a) Any redesignation proposed pursuant to subdivisions (ii) and (iii) of this

subparagraph shall be approved unless

the Administrator determines (1) that

the requirements of subdivisions (ii) and

(ii) of this subparagraph have not been

complied with, (2) that the state hasarbitrarily and capriciously disregarded relevant considerations set forth in subparagraph (3) (ii) (d) of this paragraph, or (3) that the State has not requested

and received delegation of responsibility for carrying out the new source review

requirementsof paragraphs (d) and (e)

of this section.

Wl) The requirements of paragraph (c) (3) (vi) (a) (3) that a State request and

receive delegation of the new source re- view requirements of this section as a condition to approval of a proposed re- designation, shall include, as a minimum

receiving the administrative- and technical functions of the new source review.

The Administrator will carry out any re- quired enforcement action in cases where

the State does not have adequate legal authority to initiate such actions. The

Administrator- may waive the requirements of paragraph (c) (3) (vi) (a) (3) if

the State Attorney-General has determined that the State cannot accept delegation of the administrative/technical

functions. • * * *

(d) Review o1 new sources. (1), The

provisions of this paragraph have beenincorporated by reference into the applicable implementation plans for varlous, States, as provided in Subparts, R I

through. DDD of this part. Where this

paragraph is so incorporated, the re- quirements of this paragraph apply to,

any new or modified stationary source- of the type identified below which has

not commenced construction or modiftcation prior to: June 1, 1975. A source which is modified, but does not increase,

the amount of sulfur oxides or particu- late matter' emitted, or is modified to.

utilize an alternative fuel, or higher sulfur content fuel, shall not be subject

to this paragraph.

(2)

-(i) The effect on" air quality concen- tration of the source or modified source,

in conjunction with the effects of growth and reduction in emissions after January

I, 1975, of other sources in the area affected by the proposed source, will not

violate the air quality increments ap- plicable in any other areas. The analysis

of emissions growth and reduction after

January I, 1975, or other sources in the areas affected by the proposed source shall include all ner and modified sources granted approval to construct

pursuant ta this paragraph; reduction

in emissions from existing sources which

contributed to air quality during all or part of 1974; and general commercial,

residential, industrial, and other sources of emissions growth not exempted by paragraph (c) (2) Ci) of this section

which has occurred since January 1, 1975.

(3) In making the determinations re- quired by paragraph (d) (2) of this sec- tion, the Administrator shall, as a minimum, require the owner or operator of

the source subject to this paragraph to

submit: site information; plans, descrip- tion, specifications, and drawings showing the design of the source; information necessary to determine the impact that the construction or modification will

have on sulfur dioxide and particulate

matter air quality levels; and any other

information necessary to determine that

best available control technology will be

applied- Upon request of the Administrator, the owner or operator of the source shall also provide information on the

nature and extent of general commercial,

rtsidential, industrial, and other growth which has occurred in the area affected

by the source's emissions (such area to

he specified by the Administrator) since

January 1, 1975.

(4) * * *

(Jiiy Whenever any new or Modified source Is subject- to action by a Federal

Agency which might necessitate preparation of an environmental impact statement pursuant to the National Environmental Policy Act (42 U.S.C. 4321),

review by the Administrator conducted

pursuant tr this paragraph shall be

coordinated with the broad environmental reviews under that Act, to the maxi- mum. extent. feasible andreasonable-

(e) * (l) * **

Xvi) The Administrator may extend

each of the time periods specified in

paragraph (e) (1) i1), (iv, or (v) of this

section by no more than 30 days or such.

other period as agreed to by the appllcant and the Administrator. * * * *z 0

(f) * •

(2)

(1) Where the\avncy designated is

not an air pollution control agency, such

agency shall consult with the appropriate State and local air pollution control

agency prior to making any determination required by paragraph (d) of this

section. SImilarly, where the agency designated does not have continuing re- sponsibilities for managing land use, such,

agency shall consult with the appropriate State and local agency which Is prl- marily responsible for managing land use prior to making any determination re- quired by paragraph (d) of this section. * * * @*

Subpart 13--Alabama,

Z. Subpart B Is amznded by adding 9 5Z.60 as follows:

a 52.60 Sigicant detcrioration of air

quality.

(a) The requirements of section 101

(b) (1) of the Clean Air Act are not met., since the plan does not include proce- dures for preventing the significant deterioration of air quality.

(b) Regulation for preventing sign flcant deterioration of air quality. The

provisions of i152.21 (b), (c), (d), (e), and f) are hereby incorporated by ref- erence and made a part of the applicable implementation plan for the Statz oP

Alabama.

Subpart C-Alaskta

3. Subpart C Is amended by adding § 52.96 as follows:

§ 52.96 Significant dclcrioration of air

qali y

(a) The requirements of section 101

(b) (1) of the Clean Air Act are not met,

since the plan does not include proce- dures- for preventing the significant, deterioration of air quality. (b) Regulation for preventing signilfcant deterioration of air quality. The

provisions of §5Z.21(b), (c), (dY, (e), and (f) are hereby incorporated by ref- erence and made a part of the applicable implementation plan for the State of

Alaska.

Subpart D-Arizona

4. Subpart D Is amended by adding § 52.144 as follows:

§ 52.144 Significant deterioration of ai

quality.

(a) The requirements of section 101

(b) (1) of the Clean Air Act are not met, since the plan does not Include proce- dures for preventing the significant deterioration of air quality. (b). Regulation for preventing signtfcant deterioration of air quaZltty The

provisions- of § 51.21(b), (c), (d); (e),

and (f) are hereby incorporated by reference and made apart of the applicable

FEDERAL REGISTER, VOL 40,.NO.,114-THURSDAY, JUNE 12, 1975

25006
RULES AND REGULATIONS

implementation plan for the State of

Arizona. .

Subpart E-Arkansas

5. Subpart E is amended by adding

§ 52.181 as follows: "

§ 52.181 Significant deterioration of air

quality.

(a) The requirements of section 101

(b) (1) of the Clean Air Act are not mdt,

since the plan does not include procedaures for preventing the significant deterioration of air quality.

(b) Regulation for preventing significant deterioration of air quality. The

provisions of-§52.21(b).(c), (d), (e),

and (f) are hereby incorporated by reference and made a part of the applicable

Implementation plan for the State of

Arkansas.

Subpart F-Califomia

6. Subpart F Is amended by adding

§ 52.269 as follows:

§ 52.269 Significant deterioration of air

quality.

(a) The requirements of section 101

Cb) (1) of the Clean Air Act are not met,

since the plan does not include procedures for preventing the significant deterioration of air quality.

(b) Regulation for preventing significant deterioration of air quality. The

provisions of § 52.21(b), Cc), (d), (e),

and (f) are hereby incorporated by reference and made a part of the applicable implementation plan for the State of

California.

Subpart G--Colorado

7. Subpart G is amended by adding

§ 52.343 as follows:

§ 52.343 Significant deterioration of air

quality.

(a) The requirements of section 101

(b) (1) of the Clean Air Act are not met,

since the plan does not include procedures for preventing the significant deterioration of air quality.

Cb) Regulation for preventing significant deterioration of air quality. The

provisions of § 52.21(b), (c), (d), (e),

and Cf) are hereby incorporated by ref- erence and made a part of the applicable implementation plan for the State of

Colorado.

Subpart H-Connecticut

8. Subpart H is amended by adding

§ 52.382 as follows:

§ 52.382 Significant deterioration of air

quality.

(a) The requirements of section 101

(b) (1) of the Clean Air Act are not met,

since the plan does not include proce- dures for preventing the significant deterioration of air quality. (b) Regulation for.preventing sfgnificant deterioration of air quality. The

provisions of §52.21(b), Cc), (d), Ce),

and Cf) are hereby incorporated by reference and made a part of the applicable

implementation plan for the State of

Connecticut.

Subpart I-Delaware

9. Subpart I is amended by adding

§ 52.432 as follows:

§ 52.432 Significant deterioration of air

quality.

(a) The requirements of section

101(b) (1) of the Clean Air Act are not

met, since the plan does not include procedures for preventing the significant

deterioration of air quality.

(b) Regulation for preventing significant deterioration of air quality. The

provisions of § 52.21(b), Cc), (d), (e),

and Cf) are hereby incorporated by ref- erence and made a part of the applicable implementation plan for the State

of Delaware.

Subpart J-District of Columbia

10. Subpart J Js amended by adding

§ 52.499 as follows:

§ 52.499 Significant deterioration of air

quality.

(a) The requirements of section

101(b) (1) of the Clean Air Act are not

met, since the plan does not Include procedures for preventing the significant

deterioration of air quality.

(b) Regulation for preventing significant deterioration of air quality.- The

provisions of §52.21(b). Cc), Cd), (e),

and Cf) are hereby incorporated by ref- erence and made a part of the applicable implementation plan for the District of Columbia.

Subpart K-Florida

11. Subpart K is amended by adding

§ 52.530 as follows:

§ 52.530 Significant deterioration of air

quality.

(a) The requirements of section

101(b) (1) of the Clean Air Act are not

met, since the plan does not include procedures for preventing the significant

'deterioration of air quality.

(b) Regulation for preventing significant deterioration of air quality. The

provisions of § 52.21(b), Cc), (d). (e),

and Cf) are hereby incorporated by reference and made a part of the appli- cable implementation plan for the State

of Florida.

Subpart L-Georgla

12. Subpart L is amended by adding

§ 52.581 as follows:

§ 52.581 Significant deterioration of air

quality.

(a) The requirements of section

101(b) (1) of the Clean Air Act are not

met, since the plan does not include procedures for preventing the significant

deterioration of air quality. (b) Regulation for preventing significant deterioration of air quality. The

provisions of § 52.21(b), Cc), (d), (e),

and C ) are hereby incorporated by ref- erence and made a part of the applicable implementatlon plan :or the State

of Georgia,

Subpart M--Hawafl

13. Subpart M-Is ambnded by adding § 52.632 as follows:

2.5007

§ 52.632 Significant deterioration of air

quality.

(a) The requirements of section 101

(b) (1) of the Clean Air Act are not met,

since the plan does not Include procedures for preventing the significant deterloratlon of air quality.

(b) Regulation for preventing significant deterioration of air quality. The

provisions of § 52.21 (b), Cc), (d), (e),

and () are hereby incorporated by reference and made a part of the applicable

implementation plan for the State of

Hawaii.

Subpart N-Idaho

14. Subpart N is amended by adding

§ 52.683 as follows:

§ 52.683 Significant deterioration of air

quality.

(a) The requirements of section 101

(b) (1) of the Clean Air Act are not met,

since the plan does not include procedures for preventing the significant deterioration of air quality. (b) Regulation for Preventing significant deterioration of air quality. The

provisions of § 52.21 (b). Cc), (d), (e),

and (W are hereby incorporated by ref- erence and made a part of the applicable

implementation plan for the State of

Idaho.

Subpart 0-Illinois

15. Subpart 0 Is amended by adding

§ 52.738 as follows:

§ 52.738 Significant, deterioration of air

quality.

(a) The requirements of section 101

Cb) (1) of the Clean Air Act are not met,

since the plan does not Include procedures for preventing the significant deterioration of air quality. (b) Regulation for Preventing significant deterioration of air quality. The

provisions of § 52.21(b), Cc), (d), (e),

and (f) are hereby incorporated by ref- erence and made a part of the applicable

Implementation plan for the State of

Illinois.

Subpart P-Indiana

16. Subpart P is amended by adding

§ 52.793 as follows:

§ 52.793 Significant deterioration of air

quality.

(a) The requirements of section 101

Cb) (1) of the Ciean Air Act are not met,

since thi plan does not include procedures for preventing the significant deterioration of air quality.

(b) Regulation for preventing significant deterioration of air quality. The

provisions of §52.21(b), Cc), (d), (e),

and Cf are hereby incorporated by ref- erence and made a part of the applicable

Implementation plan for the State of

Indiana.

Subpart Q-lowa

17. Subpart Q is amended by adding

§ 52.833 as follows:

§ 52.833 Significant deterioration of air

qualty.

(a) The requirements of section 101

Cb) (1) of the Clean Air Act are not met,

FEDERAL REGISTE , VOL 40, NO. 114-THURSDAY, JUNE 12, 1975
RULES AND REGULATIONS

since the plan does not Include proce--

dures for preventing the significant deterioration of air quality.

(b) Regulatiom for preventing significant deteriorationo of air quality. The

provisions of § 52.21(b), (c), (d),' (e),

and f) are hereby incorporated by ref- erence and made a part of the appli- cable implementation plan for the State

of Iowa.

Subpart R-Kansas

18. Subpart R is amended by adding

§ 52.884 as follows:

§ 52.884 Significant deterioration of air

quality.

(a) The requirements of section 101

(b) (1) of the Clean Air Act are not met,

since the plan does not include proce- dures for preventing the significant deteriorationof air quality.

(b) Regulation for preventing signiffcant deterioration of air quality. The

provisionsof § 52.21(b), (c), (d), (eT, and

(f) are hereby incorporated by reference and made a part of the applicable implementation plan for the State of

Mansas.

Subpart.S--Kentucky

19. Subpart S i& amended. by adding

52.931 as follows:

§ 52.931 Significant deterioration of air

quality.

(a) The requirements of section 101

(b) (1) of the Clean Air Act are not met,

since the plan does not include procedures for preventing the significant deterioration of air quality.

(b) Regulation for preventing sig-, nificant deterioration of air quality. The

provisions of §52.21(b), (c), (d), (e),

and (f) are hereby incorporated by ref- erence and made a part of the applicable implementation plan for the State

of Kentucky.

,. SubpartT-Louisiana

20. Subpart T is amended by adding

§ 52.985 as follows:

§ 52.985 Significant deterioration of air

quality

(a) The requirements of section 101

(b) (1) of the Clean Air Act are not met,

since the plan does not include proce- dures for preventing the significant deterioration of air quality.

(b) Regulation for preventing significant deterioration of air quality- The

provisions of § 52.21(b), (c), (d), (e),

and f) axe hereby incorporated by ref- erence and made a part of the appli- cable implementation plan for the State

of LouisianaSuppartU.--Maine

21. Subpart U is- amended by adding

(b) Regulation for preventing significant deterioration of air quaZity. The

provisions of §52.21(b), (c), Cd), (e),

and (f) are hereby incorporated by ref- erence and made a part of the applicable implementation plan for the State

of Maine.

Subpart V-Maryland

22- Subpart V. is amended by adding

§ 52:1116 as follows:

§52.1116- Significant deterioration of

airquality-.

(a) The requirements of section 101 (b)

(1) of the Clean Air Act are not met,

since the plan does not include proced- ures for preventing the significant deterioration of air quality. (b) Regulation for preventing' significant deterioration of air quality. The

provisions of § 52.21(b) . (c), (d), (e),

and (f) are hereby incorporated by ref- erence and made a part of the applicable implementation plan for the. State

of Maryland.

Subpart W-Massachusetts

23. Subpart W is amended by adding

§ 52.1161 as follows:-

§ 52.1161 Significant deterioratiom of

air quality.

(a), The requirements of section 101(b)!

(1) of the Clean Air Act are not met,

since the plan doe. not include pro- cedures for preventing the significant;

deterioration of air quality.

(b) Regulation for preventing significant deterioration of air quality. The

provisions of §52.21(b). (c), (d), (e),

and (f) are hereby incorporated by ref- erence and made a part of the applicable implementation plan for the State

of Massachusetts.

Subpart X--Michigan

24. Subpart. X is amended by addin:

§521180 as follows:

§ 52.1180 Significant deterioration of

aii quality.

(a) The requirements of section 101(b)

(1) of the Clean Air Act are not met,

since the plan does not include procedures for preventing the- significant

deterioration of air quality.

(b) Regulatiom for preventing significant deterioration of air quality. The

provisions of § 52.21(b), (c), (d), (e),-

and (f) are hereby incorporated by ref- erence and made a part of the applica- ble implementation plan for the' State

of Michigan.

SubpartY-Minnesota

25. Subpart, Y is amended- by adding=

§ 52.1234as follows:

§ 52J234 Significant deterioration of

airqualit.

U. s U UUW. , (a) The requirements of section 101.

§ 52.1029 Significant deterioration of () (1) of the Clean Air Act are not met,

air quality- since the plan does not. include proce-.

(a) The requirements of' section 10 dures for preventing the significant de-

(b) (1) of the Clean Air Act are not. met,, terioration of air quality.

since the plan does not include: proced- (b) Reguration for preventing signifi- ures for preventing the-significant de- cant deterioration of air quality The

terioration-of air quality. "provisions of §52.21(b), C0, (d), (e).

and f) are hereby incorporated by ref- erence and made a part of the applicable

implementation plan for the State of

Minnesota.

Subpart Z-Mississfpp

26. Subpart Z is amended by adding

§ 52.1280 as follows:

52.1280 Significant deterioration of

air quality.

(al The requirements of section 101

(b) (11 of the Clean Air Act are not met,

since the plan does not Include procedures for preventing the significant deterioration of air qualltr.

(b) Regulation for preventing significant deterioration of air quality. The

provisions: of §52.21(b), (c), (d), (e),

and (f): are hereby incorporated by ref- erence and made a' part of tha applicable implementation plan for the State

of Mississippi.

Subpart AA-Mlssourl

27. Subpart AA is, amended by adding

§ 52.1339 as follows:

S52.1339 Significant deterloration of

air quality.

(al The requirements of section 101

b) (1Y of the Clean Air Act are not met,

since the plan does not include procedures for preventing the significant deterioration of air quality,

(b) Regulation for preventinTg significant deterioration of air quality. Tho

provisions of § 52.21(b), (c), Cd), Ce),

and CfY are hereby incorporatcd by ref- erence and made a part of the applicable implementation plan for the State of

Missouri.

Subpart BB-Montana

28. Subpart BE I. amended by adding

§ 52.1382 as follows:

a52.1382 Significant deterioration of

air quality.

(a) The requirements of section 101

(b) (IY of the Clean Air Act are not met,

since the plan doea not include proce- dures for preventing the significant deterioration of air quality.

(b) Regulation for preventing signflcant deterioration of air quality. T1h0

provisions- of § 52.21(b), (c), (d), (e),

and (f) are- hereby Incorporated by ref- erence and made a part of the applicable

implementation plan for the State of

Montana.

Subpart CC-Nebraska

29. Subpart CC Is. amended by adding

§ 52.1436 as follows:

§52.1436 Significant deterioration of

airquality.

(a), The requirements of section 101

(I (1). of the Crean Air Act are not met,

since the plan does not Include procedures for preventing the signlflcant

deterioration of air quallty

(b) Regulationa for preventing, signiflcant deferioration of air quality Tle

provisions of §52.21(b), (c, (d), (),

and (f) arehereby incorporatedby reference and made a part of the applicable,

FEDERAL REGISTER, VOL 40, NO. 114-THURSDAY, JUNE 12, 1975

25008
RULES AND REGULATIONS

implementation plan for the State of

Nebraska.

Subpart DD-i--evada

30. Subpart DD is amended by. adding

§ 52.1485 as follows:

§52.1485 Significant deteriordtion of

air quality.

(a) The requirements -of section 101

1b) (1) of the Clean Air Act are not met,

since the plan does not include proce- dures for preventing the significant

deterioration of air quality

(b) Regulation for preventing signiftcant 'deterioration of air quality. The

provisions of §52.21(b). (c), (d), (e),

and (f) arelhereby incorporated by refer- ence and made a part of the applicable implementation plan for the State of

Nevada.

Subpart EE-New Hampshire

31. Subpart EE is amended by adding

§ 52.1529 as follows:

§ 52.1529 Significant deterioration of

.air quality.

Ca -The requirements of section 101

(b) (1) of the Clean Air Act are not met,

since the plan does not include procedures for preventing the significant

deterioration of air quality. (b) Regulation for preventing signi Acant deterioration of air quality. The

provisions-of §52.21(b), (c), (d), (e),

and (f) are hereby incorporated by refer- ence and made a part of the applicable

implementation plan for the State of

New Hampshre. \

Subpart FF--New Jersey

32. Subpart FF is amended by adding

§ 52.1603 as follows: .

§52.1603 Significant deterioration of

air quality.

(a) The requirements of section 101

(b) (1) of the Clean Air Act are not met,

since the plan does not include procedures for preventing the significant deterioration of air quality.'

(b) Regulation for preventing significant deterioration -of air quality. The"

provisions of §52.21(b), (c). (d), (e),

and .(f) are hereby incorporated by refer- ence and made a part of the applicable

implementation plan for the State of

NewJersey.

.Subpart GG-New Mexico

33. Subpart GG is amended by adding

§ 52.1634 as follows:

§ 52.1634 Significant deterioration of air quality. -

(a) The requirements of section 101

(b) (1) of the Clean Air Act are not met,

since the plan does not include procedures for preventing the significant deterioration of air quality.

(b) Regulation for Preventing significant deterioration of air quality. The

provisions of § 52.21 Cb), (c), (d), (e),

and Wf) are hereby incorporated by reference and made a part of the applicable

implementation -plan for the State of

New'Mexico.

Subpart HH-New York

34. Subpart HEMIs amended by adding § 52.1689 as follows:

§52.1689 Significant deterioration of

air quality.

(a) The requirements of section 101

(b) (1) of the Clean Air Act are not met,

since the plan does not include proce- dures for preventing the significant deterioration of air quality.

(b) Regulation for preventing signifl- cant' deterioration of air quality. The

provisions of § 52.21 (b). (c), d), (e),

and f) are hereby incorporated by ref- erence and made a part of the applicable

implementation plan for the State of

New York.

Subpart Il-North Carolina

35. Subpart 3: Is amended by adding

§ 52.1778 as follows:

§52.1778 Significant deterioration of

air quality.

(a) The requirements of section 101

(b) (1) of the Clean Air Act are not met,

since the plan does not Include procedures for preventing the significant deterioration of air quality.

(b) Regulation for preventing significant deterioration of air quality. The

provisions of § 52.21 (b). (c). (d), (e),

and (W are hereby incorporated by ref- erence and made a part of the applicable

Implementation plan for the State of

North Carolina.

Subpart JJ-North Dakota

36. Subpart JJ is amended by adding § 52.1829 as follows:

§52.1829 Significant deterioration of

air quality. -

(a) The requirements of section 101

(b) (1) of the Clean Air Act are not met,

since the plan does not include procedures for preventing the significant deterioration of air quality. (b) Regulation for preventing significant deterioration of air quality. The

provisions of § 52.21 (b), (c), (d), (e),

and (f) are hereby incorporated by ref- erence and made a part of the applicable implementation plan for the State of.

North Dakota.

Subpart KK--Ohlo

37. Subpart K is amended by adding § 52.1884 as follows:

§52.1884 Significant deterioration of

air quality.

(a) The requirements of section

101(b) (1) of the Clean Air Ac are not

met, since the plan does not include pro- cedures for preventing the algnificant

deterioration of air quality.

(b) Regulation for preventing significant deterioration of air quality. The

provisions of § 52.21(b), (c), (d), (e),

and f) are hereby incorporated by reference and made a part of the applicable Implementation plan for the State

of Ohio.

Subpart LL-Oklahoma

38. Subpart IL Is amended by adding

§ 52.1929 as follows:

§ 52.1929 Significant deterioration of

air quality.

(a) The requirements of section

101(b) (1) of the Clean Air Act are not

met, since the plan does not include procedureq for preventing the significant

deterioration of air quality.

Cb) Regulation for preventing significant deterioration of air quality. The

provisions of § 52.21(b), (c), (d), (e),

and Cf) are hereby incorporated by ref- erence and made a part of the applicable Implemntation plan for the State

of Oldahoma.

Subpart MM--Oregon

39. Subpart MM Is amended by adding

§ 52.1987 as follows:

§ 52.1987 Significant deterioration of

air quality.

(a) The requirements of section

101(b) (1) of the Clean Air Act are not

met, since the plan does not Include procedures for preventing the significant

deterioration of air quality.

(b) Regulation for preventing significant deterioration of air quality. The

provisions of §52.21(b), Cc), (d), (e),

and Cf) are hereby incorporated by ref- erence and made a part of the applicable implementation plan for the State

of Oregon.

Subpart NN-Pennsylvania

40. Subpart NN Is amended by adding § 52.2058 as follows:

§ 52.2058 Significant deterioration of

air quality.

(a) The requirements of section

101(b) (1) of the Clean Air Act are not

met ,since the plan does not include procedure3 for preventing the significant

deterioration of air quality. (b) Regulation for preventing significant deterioration of air quality. The

provisions of §52.21(b), (c), (d), (e), -

and f) are hereby incorporated by ref- erence and made a part of the applicable implementation plan for the State

of Pennsylvania.

Subpart 00-Rhode Island

41. Subpart 00 i amended by addIng § 52.2083 as follows:

§ 52.2083 Significant deterioration of

air quality.

(a) The requirements of section 101

(b) (1) of the Clean Air Act are not met,

since the plan does not include procedures for preventing the significant

deterioration of air quality.

Cb) Regulation for reventing significant deterioration of air quality. The

provisions of §52.21(b), (c), (d), (e),

and C) are hereby incorporated by

reference and made a part of the appli- cable implementation plan for the State

of Rhode Island.

Subpart PP-South Carolina

42. Subpart PP Is amended by adding § 52.2131 as follows:

§52.2131 Significant deterioration of

air quality.

(a) The requirements of section 101

(b) (1) of the Clean Air Act are not met,

FEDERAL REGISTER, VOL 40, NO. 114-THURSDAY, JUNE 12, 1975

25009.
RULES AND REGULATIONS

since the plan does not include procedures for preventing the significant

deterioration of air quality.

(b) Regulation for preventing signifitcant deterioration of air quality. The

provisions of § 52.21(b), (c), (d), (e),

and CM are hereby incorporated by

reference and made a part of the applicable implementation plan for the State

of South Carolina.

Subpart QQ-South Dakota

43. Subpart QQ Is amended by adding § 52.2178 as follows: -

§52.2176 Significant deterioration of

air quality.

(a) The requirements of section 101

(b) (1) of th6 Clean Air Act are not met,

since the plan does not include procedures for preventing the significant

deterioration of air" quality.

(b) Regulation for Preventing significant deterioration o1 air quality. The

provisions of § 52.21(b), (c), (d), (e),

and (f) are hereby incorporated by

reference and made a part of the applicable Implementation plan for the State

of South Dakota.

Subpart RR-Tennessee

44. Subpart RR is amended by adding

§ 52.2233 as follows:

§ 52.2233 Significant deterioration of

air quality.

(a) The requirements of section 101

(b) (1) of the Clean Air Act are not met,

since the plan does not include procedure3 for preventing the significant

deterioration of air quality.

(b) Regulation for preventing significant deterioration of air quality. The

provisions of § 52.21(b), (c), (d), (e),

and () are hereby incorporated by

reference and made a part of the applicable implementation plan for the State

of Tennessee.

Subpart SS-Texas

45. Subpart SS Is amended by adding

§ 52.2303 as follows:

§52.2303 Significant deterioration of

air quality.

(a) The requirements of section 101

(b) (1) of the Clean Air Act are not met,

since the plan does not include procedures for preventing the significant

deterioratioxi of air quality.

(b) Regulation for preventing significant deterioration of air quality. The

provisions of § 52.21 (b), (c), (d), (e),

and (f) are hereby incorporated by ref- erence and made a part of the applicable

implementation plan for the State of

Texas.

Subpart 7r-Utah

46. Subpart TT Is amended by adding

§ 52.2346 as follows:

§ 52.2346 Significant deterioration of

air quality.

(a) The requirements- of section 101

(b) (1) of the Clean Air Act are not met,

since the plan does not include procedures for preventing the significant

deterioration of air quality.

(b) Regulation for Preventing signiftcant deterioration of air quality. The

provisions of § 52.21 (b). (c), (d), (e),

aid (f) are hereby incorporated by reference and made a part of the applicable

implementation plan for the State of

Utah.

Subpart UU-Vermont

47. Subpart UU is amended by adding

§ 52.2380 as follows:

§52.2380 Significant deterioration of

air quality.

(a) The requirements of section 101

(b) (1) of the Clean Air Act are not met,

since the plan does not include procedures for preventing the significant

deterioration of air quality.

(b) Regulation for preventing signiftcant deterioration of air quality. The

provisions of §52.21(b), (c), (d), (e),

and Cf) are hereby incorporatedby ref- erence and made a part of the applicable

implementation plan for the State of

Vermont.

Subpart VV-Virginia

48. Subpart VV is amended by adding

§ 52.2451 as follows:

§52.2451 Significant deterioration of

air quality.

(a) The requirements of section 101

(b) (1) of the Clean Air Act are'not met,

since the plan does not include procedures for preventing the significant

deterioration of air quality.

(b) Regulation for preventing significant deterioration of air quality. The

provisions of § 52.21(b), (c), (d), (e),

and (f) are hereby incorporated by ref- erence and made a part of the applicable

implementation plan for the State of

Virginia.

Subpart WW-Washington

49. Subiart WW is amended by adding

§ 52.2497 as follows:

§ 52.24)7 Significant' deterioration of

air quality.

(a) The requirements of section 101

(b) (1) of the Clean Air Act are not met,

since the plan does not include proce-

.odures for preventing the significant deterioration of air quality. - (b) Regulation for Preventing signiftcant deterioration of air quality. The

provisions of § 52.21(b), (c), (d), (e),

and f) are hereby incorporated by referhnee and made a part of the applicable

Implementation plan for the State of

Washington.

Subpart XX-West Virginia

50. Subpart XX is amended by adding

§ 52.2528 as follows:

§52.2528 Significant deterioration og

air quality.

(a) The' requirements of section 101

(b) (1) of the Clean Air Act are not met,

since the plan does not include procedures for preventing the significant deterioration of air quality.

(b) Regulation for preventing signif -

cant deterioration of air quality. The provisions of § 52.21(b), (c), (d), (e), and

(f) are hereby incorporated by referenco

and made a part of the applicable iraplementation plan for the State of West

Virginia.

Subpart YY-Wisconsin

51. Subpart YY Is amended by adding

§ 52.2581 as follows:

§ 52.2581 Significant deterioration of

air quality.

(a) The requirements of section 101

(b) (1) of the Clean Air Act are not mot,

since the plan does not include procedures for preventing the significant dcteroration of air quality.

(b) Regulation for preventing significant deterioration of air quality. Tho

provisions of § 52.21(b), (c), (d), (e),

and (f) are hereby Incorporated by reference and made a part of the applicable

implementation plan for the State of

Wisconsin.

Subpart ZZ-Wyoming

52. Subpart ZZ is amended by adding

§ 52.2630 as follows:

§ 52.2630 Significant deterioration- of

air quality.

(a) The requirements of section 101

(b) (1) of the Clean Air Act are not mot,

since the plan does not Include procedures for preventing the significant deterioration of air quality.

(b) Regulation for preventing signlficant deterioration of air quality. ThO

provisions of § 52.21(b), (c), (d), (e),

and Cf) are hereby Incorporated by reference and made a part of the applicable

implementation plan for the State of

Wyoming.

Subpart AAA-Guam

53. Subpart AAA Is amended bY adding § 52.2676 as follows:

§52.2676 Significant deterioration of

air quality.

(a) The requirements of section 101

1b) (1) of the Clean Air Act are not met,

since the plan does not include procedures for preventing the significant deterioration of air quality.

(b) Regulation for preventing significant deterioration of air quality. The

provisions of § 52.21 (b), (c), (d), (o),

and (f) are hereby Incorporated by reference and made a part of the applicable

implementation plan for Guam,

Subpart BBB-Puerto Rico

54. Subpart BBB is amended by addng § 52.2729 as follows:

§52.2729 Significant deterioration of

air quality.

(a) The requirements of sectIon 101

(b) (1) of the Clean Air Act are not mot,

since the plan does not include procedures for preventing the significant deterioration of air quality.

(b) Regulation for preventing signiftcant deterioration of air quality. The

provisions ot § 52.21 (b), (c), (d), (e),

and C) are hereby Incorporated by refFEDERAL REGISTER, VOL. 40, NO. 114-THURSDAY, JUNE 12, 1975

2.5010
RULES AND REGULATIONS

erence and made a part of the-applicable

implementation plan for Puerto Rico.

Subpart CCC-Virgin Islands

55. Subpart CCC is amended by adding § 52.2779 as follows:

§52.2779 Significant deterioration of

air quality.

(a) The requirements of section 101

(b) (1) of the Clean Air Act are not met,

since -the plan does not include procedures for preventing the significant deterioration of air quality.

(b) Regulation for preventing signiflcant deterioration of air quality. The

provisions of § 52.21 (b), (c), (d), (e),

and (f) are herebyfincorpbrated by ref- erence and-made a part of the applicable

implementation plan for the Virgin Islands.

Subpart DDD-American Samoa

56. Subpart DDD is amended by adding § 52.2827 as'follows:

§52.2827 Significant deterioration of

air quality.

(a) 'The requirements of section 101

Cb) (l of the Clean Air Act are not met,

since the plan does not include proce-

* dures for preventing the significant deterioration of air quality. (b) Regulation for preventing signiftcant deterioration of air quality. 'The

provisions of § 52.21 (b), (c), (d), (e),

and (f) are hereby incorporated by refSerence and made a part of the applicable

implementation plan for American

Samoa.

[FB oc.75-15a14 Filed 6-11-75;8:45 am]

[FRL 360-3]

PART 52-APPROVAL AND PROMULGASiON OF IMPLEMENTATION PLANS

Tennessee: Disapproval of Legal Authority

On May 31, 1972 (37 FR 10842),'the

Administrator approved portions of the

Tennessee plan to attain and maintain

the national ambient 'air quality standards. At that time, the plan was disapproved as failing to satisfy the requirements of 40 CFR 51.11(a) (3) since the

State lacked legal authority to control

-motor vehicle activity during emergency

episodes of air pollution. It has since

come to the attention of the Administrator -that there are other deficiencies in

the State's legal authority to enforce the

emission limiting regulations of its approved plan. The purpose of the present

notice is to describe these deficiencies

and to clarify the Agency's intentions in

theirregard.

On September 13, 1973, in Opinion No.

52, rendered to the Tennessee Department of Public Health, the State's Assitant Attorney General, C. Hayes

Cooney, .ruled that: (1) State agencies are not included in the definition of "person" as found'n section '53-3409(f) of

the Tennessee Code Annotated; and (2)

State agencies are not subject to local

air pollution regulations adopted pursuant to a private act which does not

specifically provide for regulation of a

State agency. These opinions were reiterated In a letter of Januaky 24, 1974,

from the Tennessee Attorney General's

office to the'Agency's Region IV office.

Since the State of Tennessee lacks legal authority to enforce its emission limiting regulations in the case of facilities

owned or operated by the State, the Administrator hereby disapproves the plan in this particular. Elsewhere in this'Tpub- licaton, the Administrator proposes for

incorporation in the Tennessee plan a

definition of "person" which includes

sources owned or operated by the State.

It is the Administrator's Intention to enforce, in the case of State-owned or op- erated facilities, the existing emission

limits of the approved Tennessee plan, including those enacted by local govermments, as needed to assure attainment

and maintenance of all national ambient

air quality standards in the State, and

as called for by the original control strategies of the State's plan. On July 3. 1974, the Technical Secretary of the Tennessee Air Pollution Control Board informed the Agency's Regional Administrator that the Tennessee

Air Pollution Control Division had ceased

to have legal authority to control: (1)

agricultural limestone production, through the enactment of Tennessee

House Bill 1490 on February 21, 1974;

and (2) woodwaste boilers, through the

enactment of Tennessee House Bill 1845

on Mlarch 22, 1974. Accordingly, the Adrmlnlstrator hereby disapproves the Tennessee plan as lacking leqal authority to

control these two categories of sources.

It is the Agency's intention to enforce,

In the case of such sources, the existing emission limiting regulations of the ap- proved Tennessee plan, including those

enacted by local governments, as needed

to assure the attainment and maintenance of all national ambient air quality standards In Tennessee, and as called

for by the original control strategies of

the State's plan.

These actions are effective July 14,

1975.

(See. 110(a), Clean Air Act (42 U.S.C. 1857c- C(a) ))

Dated: June 6,1975.

RussELL E. Tnan,

Administrator.

Part 52 of Chapter I, Title 40, Code of

Federal Regulations, is amended as

follows:

- Subpart RJR-Tennessee

In § 52.2224, paragraphs (c), (d), and

(e) are added as follows:

§ 52.2224 Legal authority.

Cc) (1) The requirements of § 51.11(a)

(2) of this chapter are not met since the

definition of "person" set forth n the

Tennessee Air Quality Act and In the

State implementation plan does not include facilities owned or operated by the

State. Therefore, section 52-3409(f) of

the Tennessee Code Annotated and section 30 of Chapter II of the Tennessee

Air Pollution Control Regulations are

disapproved.

25011

d) The requirements of § 51.11(a) (2)

of this chapter are not met since the

State lacks legal authority, as a result of

the enactment of House Bill 1490 by the

1974 Tennessee legislature, to control

emissions from the quarrying end-processing of agricultural limestone. Therefore. section 53-3424 of the Tennessee

Code Annotated is disapproved. (e) The requirements of § 51.11(a) (2)

of this chapter are not met since the

State lacks legal authority, as a result of

the enactment of House Bill 1845 by the

1974 Tennessee legislature, to control

emissions from air contaminant sources

which use woodwaste only as fuel. Therefore, the last sentence of section 53-3422

of the Tennessee Code Annotated is

disapproved.

[P". Doc.75-15276 Filed 6-11-73;8:45 am]

Title 41-Public Contracts and Property Management

CHAPTER 5A-FEDERAL SUPPLY SERVICE, GENERAL SERVICES ADMINISTRATION

PART 5A-7-CONTRACT CLAUSES'

Predetermined Cubic Measurements Clause

This change to the General Services

Administration Procurement Redulations (GSPR) provides a clause for use In solicitations when cubic measurements are required for bid evaluation purposes

and these measurements can be predetermined with reasonable accuracy for

inclusion in the solicitation.

L The table of contents for Part 5A-7

is amended to retitle § 5A-7.103-89 as follows:

BA-7103-89 Bid evaluation factors-weights

and dimensions.

Subpart 5A-7.1-Fixed.Price Supply

Contracts

2. Section 5A-7.103-89 is revised as follows:

§ SA-7.103-89 Did evaluation factors--

weights and dimensions.

(a) Guaranteed maximum shipping

wzights and/or dimensions. A clause

substantially as follows (included in GSA

Form 1424) shall be Included In solicitations when guaranteed maximum shipping weights and/or dimensions (or

cubic measurements) are required for

determining transportation costs to- be

applied in the evaluation of offers (see

§ 1-19.202-3).

GaxAtrzzm ?.fsnzur SHwPn-.a Vnaars-

(Clauze Is applicable where so specified

in the rolIcltatlon.)

The guaranteed maximum shipping

welghts (and dimensions if applicable) are required for determination of transportation cos-s. Bidder must state his guaranteed

weights (and dimensions if applicable) in

the bid or It will be rejected. If delivered

Items exceed the guaranteed maximum

chlpplng weights (and dimensions if applicable), the bidder agrees that the con- tract price shall be reduced by an amount

equal to the difference between the transportation costs computed for bid evaluation purposes b=ed on bidder's guaranteed

maximum shipping weights (and dimensions

If applicable) and the transportation costs

that should have been used for bid evaluation purpoes ba ed on correct shipping dataFEDERAL REGISTER, VOL 40, NO. 114-THURSDAY, JUNE 12, 1975