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Citation: 40 Fed. Reg. 25004 1975

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### 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 InsuranceAdministrator. [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 least24 hours notice Is given. This amendment was circulated

as apublic 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 ofthe 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 onJuly 14, 1975.

Dated: June 9, 1975.
R. I. PRICE, RearAdmiral,U.S. CoastGuard,

Chief, Office of Marine EnvironmentandSystems.
[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 bebetter safeguarding of foods from wildlife in the Park's campgrounds, particularly from theAmerican blackbear.

Interested persons were given 30 days within which to submit written com- ments, suggestions, orobjections withre- spect to the proposed amendments. No comments, suggestionsor objectionshave 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 beingprepared for eating.

LEsLIEP. ARINBERGER, Superintendent, National Park Servfce. [FR Doc.7-15272 Filed 6-11-75;8:45 am]

Title40-Protection ofEnvironment

CHAPTER I-ENVIRONMENTAL PROTECTION AGENCY
SUBCHAPTER C-AIR PROGRAMS [FRL 379-1]

PART 52-APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

Prevention of SignificantAirQuality peterioration
On December 5, 1974 (39 PR 42510), the Administrator of the Environmental Protection Agency. promulgated final regulations forpreventing 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 subpartdesignated for each State so thatall 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" Ismodified to be consistent with 

### the definition of that tern set forth in Part 60. These changes correct Inadvertent errors in the December 5regula- 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 ofthese regulations, this provision is being added toensure 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- provinga request for reclassification, are changed below to require that a State must have requested and received delegation of the new source review before a Statemayreclassify anyarea.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 

### thisprovision 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 tothe Administrator's at

### tention that the above provision could be inequitable in cases where a State doesnothave 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 andthe 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 tonotify 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 classflcation requirements ofparagraph (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 isnot required to submit this notification, since the existence ofan 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 asrelated topossible violationsof thenational 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 ClassI andII 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. Thelanguage of paragraph (d) (2) (1) has also been modified to be consistent with the above changes. These changes in no way alter theoriginal intentof theregulation.

As indicated in the December 5 preamble, these regulations will be carried out through EPA's Regional Offices in accordance with theprovisions of §52.16, which alsolists theaddresses of eachRegional 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 asfollows:

Technical Support Document-EPA Regu- lations for Preventing the Significant Doterloration ofAir Quality publication num- berP.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: June5,1975.
RUSSL E.TnAlN, Administrator. SubpartA-General Provisions SubpartA. Part52, ChapterI Title 40, of the Code of Federal Regulations is amended as follows: 1. Section 52.21 Is amendedbyrevising 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). toread 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 theplans permit or prevent significant deterioration ofair quality in any portion ofany 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 ofStates, emission sources, or other persons with respect to all portion of plans approved

orpromulgated under thispart. (b) Definitions. For the purposes of this section: (1) "Facility" means an Identifiable piece ofprocess 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
owneror operator hasundertaken a con- tinuous program of construction or modification or that an owner or operatorhas enteredinto acontractual obligation to undertake and complete, within

a reasonable time, a continuous program of construction ormodification. (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 Bthrough 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 thatpervasively exceeded any national ambient air quality standirds during 1974 forsulfur dioxide or particulate matter and then

FEDERAL REGISTER, VOL 40, NO. 114-THURSDAY, JUNE 12, 1975RULES 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 thisparagraph. (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 ofsources 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 landsmay be affected by the pro- posed redesignation are notified at least 30 days prior to the public hearing, and

(e) Theredesignation 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) Anyredesignation proposed pursuant to subdivisions (ii) and (iii) of this subparagraph shall be approved unless the Administrator determines (1) that the requirements ofsubdivisions (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 ofparagraph (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 Administratorwill carry out any re- quiredenforcement action in caseswhere 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 thatthe Statecannot 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 thisparagraph.

(2)

-(i) The effect on"air quality concen- tration of the source or modified source, in conjunction with the effects ofgrowth andreduction inemissions after January I, 1975, of other sources in the area affected by the proposed source, will not violate the air quality increments ap- plicablein any other areas. The analysis ofemissions growth and reduction after JanuaryI, 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 whichhasoccurred 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: siteinformation; plans, descrip- tion, specifications, and drawings showing the design of the source; information necessary to determine the impact thatthe construction ormodification will have on sulfur dioxide and particulate matter air quality levels; and any other information necessary to determine that best availablecontrol technology willbe applied-Uponrequestof theAdministrator, the owner or operator of the source shall also provide information on the nature and extent ofgeneral 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 ofanenvironmental 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 formanaging land use, such, agency shall consultwith the appropriate State and local agency which Is prl- marilyresponsibleformanaging land use prior to making any determination re- quired by paragraph (d) of this section.

* * * @* Subpart13--Alabama,
Z. Subpart B Is amznded by adding 95Z.60 as follows:

a 52.60 Sigicant detcrioration of air quality. (a) The requirements of section 101 (b) (1) oftheClean AirAct are not met., since the plan does not include proce- dures for preventing the significant deterioration ofairquality.

(b) Regulationforpreventingsignflcant deterioration of air quality. The provisions of i152.21 (b), (c), (d), (e), and f) are hereby incorporated by ref-

erence andmade apart 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 ofair quality. (b) Regulationforpreventing signilfcant deteriorationof air quality. The provisions of §5Z.21(b), (c), (dY, (e), and (f) are hereby incorporated by ref-

erence and made a part ofthe applicable implementation plan for the State of Alaska. SubpartD-Arizona

4. Subpart D Is amended by adding §52.144 asfollows: § 52.144 Significant deterioration of ai quality. (a) The requirements of section 101 

### (b) (1) ofthe Clean Air Act are not met, since the plan does not Include proce- dures for preventing the significant deterioration of air quality. (b). Regulationforpreventing 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 asfollows: " 

### § 52.181 Significant deterioration of air quality. (a) The requirements of section 101 (b) (1) of the Clean AirAct are not mdt, since the plan does not include procedaures for preventing the significant deterioration of air quality.

(b) Regulation forpreventingsignificant deteriorationof air quality. The provisions of-§52.21(b).(c), (d), (e), and (f) are hereby incorporated by reference andmade apart ofthe applicable Implementation plan for the State of Arkansas. Subpart F-Califomia

6. Subpart F Is amended by adding §52.269 asfollows: 

### § 52.269 Significant deterioration of air quality. (a) The requirements of section 101 Cb) (1) of the Clean AirAct are not met, since the plan does not include procedures for preventing the significant deterioration of air quality. (b) Regulation forpreventingsignificant deteriorationof air quality. The provisions of § 52.21(b), Cc), (d), (e), and (f) are hereby incorporated by reference andmade apartof 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 ofair quality. (a) The requirements of section 101 (b) (1) of the Clean Air Act are notmet, since the plan does not include procedures for preventing the significant deterioration of air quality.

Cb) Regulationforpreventingsignificant deteriorationof air quality. The provisions of §52.21(b), (c), (d), (e), and Cf) are hereby incorporated by ref-

erence andmade a partofthe applicable implementation plan for the State of Colorado. Subpart H-Connecticut

8. Subpart H is amended by adding §52.382as follows: § 52.382 Significant deterioration of air 

### quality. (a) The requirements of section 101 (b) (1) ofthe CleanAir Act are notmet, since the plan does not include proce- dures for preventing the significant deterioration of air quality.

(b) Regulation for.preventingsfgnificant deteriorationof air quality. The provisions of §52.21(b), Cc), (d), Ce), and Cf) are hereby incorporated by reference and madeapart oftheapplicable implementation plan for the State of Connecticut. Subpart I-Delaware 9. Subpart I is amended by adding §52.432 asfollows: 

### § 52.432 Significant deterioration of air 

### quality. (a) The requirements of section 101(b) (1) of the Clean Air Act are not met, since theplan does not include procedures for preventing the significant deterioration ofairquality. (b) Regulationforpreventingsignificant 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 ofDelaware. SubpartJ-District ofColumbia
10. Subpart J Js amended by adding § 52.499 asfollows: § 52.499 Significant deterioration ofair quality. (a) The requirements of section 101(b) (1) of the Clean Air Act are not met, since theplan does not Include procedures for preventing the significant deterioration ofairquality. (b) Regulationforpreventingsignificant deteriorationof airquality.-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 Districtof Columbia. Subpart K-Florida
11. Subpart K is amended by adding §52.530 asfollows: 

### § 52.530 Significant deterioration ofair 

### quality. (a) The requirements of section 101(b) (1) of the Clean Air Act are not met, since theplan does not includeprocedures for preventing the significant 'deterioration ofairquality. (b) Regulationforpreventingsignificant deteriorationof 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 ofFlorida. Subpart L-Georgla
12. Subpart L is amended by adding §52.581 asfollows: 

### § 52.581 Significant deterioration of air 

### quality. (a) The requirements of section 101(b) (1) of the Clean Air Act are not met, since theplan does not include procedures for preventing the significant deterioration ofairquality. (b) Regulation forpreventing significant deteriorationof 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) ofthe Clean Air Act are not met, since the plan does not Include procedures for preventing the significant deterloratlon of airquality. (b) Regulation forpreventingsignificant deteriorationof air quality. The provisions of §52.21 (b), Cc), (d), (e), and () are hereby incorporated byreference andmade apart ofthe 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 Actare notmet, since the plan does not include procedures for preventing the significant deterioration ofair quality. (b) Regulationfor Preventingsignificant deteriorationof air quality. The provisions of §52.21 (b). Cc), (d), (e), and (W arehereby incorporated by ref-

erence andmade apart ofthe 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 ofair quality. (a) The requirements of section 101 Cb) (1) ofthe CleanAirAct are notmet, since the plan does not Include procedures for preventing the significant deterioration ofair quality. (b) Regulation forPreventingsignificant deteriorationof air quality. The provisions of §52.21(b), Cc), (d), (e), and (f) are hereby incorporated by ref-

erence andmade a part ofthe 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 AirAct arenot met, since thi plan does not include procedures for preventing the significant deterioration ofair quality. (b) Regulation forpreventingsignificant deteriorationof air quality. The provisions of §52.21(b), Cc), (d), (e), and Cf are hereby incorporated by ref-

erence andmade apartof the applicable Implementation plan for the State of Indiana. SubpartQ-lowa

17. Subpart Q is amended by adding §52.833 asfollows: 

### § 52.833 Significant deterioration of air qualty. (a) The requirements of section 101 Cb) (1) ofthe Clean Air Actarenotmet,

FEDERAL REGISTE

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

since the plan does not Include proce-- dures for preventing the significant deterioration ofairquality.

(b) Regulatiom for preventing significantdeterioration o ofair 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 ofIowa. Subpart R-Kansas

18. Subpart R is amended by adding §52.884 asfollows: § 52.884 Significant deterioration of air quality. (a) The requirements of section 101 (b) (1) of the Clean AirAct are not met, since the plan does not include proce- dures for preventing the significant deteriorationof airquality.

(b) Regulation for preventing signiffcantdeterioration ofairquality.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 asfollows: 

### § 52.931 Significant deterioration of air quality. (a) The requirements of section 101 (b) (1) ofthe Clean AirAct are not met, since the plan does not include procedures for preventing the significant deterioration ofairquality. (b) Regulation for preventing sig-, nificantdeterioration ofairquality.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 ofKentucky.

,. 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 ofairquality. (b) Regulationfor preventing significant deteriorationof 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 ofLouisianaSuppartU.--Maine
21. Subpart U is-amended by adding (b) Regulation forpreventingsignificant deteriorationof air quaZity. The provisions of §52.21(b), (c), Cd), (e), and (f) are hereby incorporated by ref-

erence and made a part ofthe 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) Therequirements ofsection 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) Regulationforpreventing'significant deteriorationof air quality. The provisions of §52.21(b)

. (c), (d), (e), and (f) are hereby incorporated by ref-

erence and made a part ofthe applicable implementation plan for the. State ofMaryland. Subpart W-Massachusetts 23. Subpart W is amended by adding §52.1161 as follows:- 

### § 52.1161 Significant deterioratiom of airquality. (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)Regulationforpreventingsignificant deteriorationof 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. SubpartX--Michigan
24. Subpart.X is amended by addin: §521180 as follows: § 52.1180 Significant deterioration of aii quality. (a) The requirements ofsection 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)Regulatiomforpreventing significant deteriorationof 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 UUUW. , (a) The requirements of section 101. 

### § 52.1029 Significant deterioration of () (1) ofthe Clean AirAct are not met, airquality- since the plan does not. include proce-. (a) The requirements of' section 10 dures for preventing the significant de- (b) (1) of the CleanAir Act are not.met,, terioration ofairquality. since the plan does not include: proced- (b) Reguration forpreventing 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 apart ofthe applicable implementation plan for the State of Minnesota. Subpart Z-Mississfpp 26. Subpart Z isamended by adding §52.1280 asfollows:

52.1280 Significant deterioration of air quality. (al The requirements of section 101 (b) (11 ofthe Clean Air Act are not met, since the plan does not Include procedures for preventing the significant deterioration of airqualltr. (b) Regulation forpreventingsignificant deterioration of air quality. The provisions: of §52.21(b), (c), (d), (e), and (f): arehereby incorporated by ref-

erence and made a' part of tha applicable implementation plan for the State ofMississippi. Subpart AA-Mlssourl
27.Subpart AA is, amended by adding §52.1339 asfollows:
S52.1339 Significant deterloration of air quality. (al The requirements of section 101 b) (1Y ofthe Clean AirAct are notmet, since the plan does not include procedures for preventing the significant deterioration ofair quality,

(b) Regulation forpreventinTg significant deteriorationof 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 asfollows:
a52.1382 Significant deterioration of air quality. (a)The requirements of section 101 (b) (IY ofthe Clean AirAct are not met, since the plan doea not include proce- dures for preventing the significant deterioration ofair quality. (b) Regulationforpreventingsignflcant deterioration of air quality. T1h0 provisions- of §52.21(b), (c), (d), (e), and (f) are-hereby Incorporated by ref-

erence and made apart ofthe 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).ofthe Crean AirAct are not met, since the plan does not Include procedures for preventing the signlflcant deterioration of air quallty (b) Regulationaforpreventing,signiflcant deferioration ofair quality Tle provisions of §52.21(b), (c, (d), (), and (f) arehereby incorporatedbyreference and made a part of the applicable,

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

### 25008RULES 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 airquality. (a) The requirements -ofsection 101 1b) (1) of the Clean AirAct are not met, since the plan does not include proce- dures for preventing the significant deterioration of air quality

(b) Regulation forpreventingsigniftcant 'deteriorationof air quality. The provisions of §52.21(b). (c), (d), (e), and (f) arelhereby incorporated byrefer-

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 .airquality. 

### Ca -The requirements of section 101 (b) (1) ofthe Clean Air Actare not met, since the plan does not include procedures for preventing the significant deterioration of air quality.



### (b) Regulation forpreventingsigni

### Acant deteriorationof air quality. The provisions-of §52.21(b), (c), (d), (e), and (f) areherebyincorporated byrefer-

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 airquality. (a) The requirements of section 101 (b) (1) of the Clean Air Actare not met, since the plan does not include procedures for preventing the significant deterioration of air quality.'

(b) Regulationforpreventingsignificant deterioration -of air quality. The" provisions of §52.21(b), (c). (d), (e), and .(f) areherebyincorporated byrefer-

ence and made a part ofthe applicable implementation plan for the State of NewJersey.

.Subpart GG-New Mexico 33. Subpart GGis amended by adding §52.1634 asfollows: § 52.1634 Significant deterioration of airquality.

- (a) The requirements of section 101 (b) (1) ofthe Clean AirAct are notmet, since the plan does not include procedures for preventing the significant deterioration of air quality.

(b) Regulation for Preventingsignificant deterioration of air quality. The provisions of §52.21 Cb), (c), (d), (e), and Wf) are hereby incorporated by reference and made apart oftheapplicable implementation -plan for the State of New'Mexico. Subpart HH-New York
34. Subpart HEMIs amended by adding §52.1689 asfollows: §52.1689 Significant deterioration of airquality. (a) The requirements of section 101 (b) (1) of the CleanAir Actare notmet, since the plan does not include proce- dures for preventing the significant deterioration of air quality. (b) Regulation forpreventingsignifl- cant'deteriorationof air quality. The 

### provisions of §52.21 (b). (c), d), (e), and f) are hereby incorporated by ref-

erence andmade apart of the applicable implementation plan for the State of NewYork. Subpart Il-North Carolina 35. Subpart 3: Is amended by adding §52.1778 asfollows: §52.1778 Significant deterioration of airquality. (a) The requirements of section 101 (b) (1) of the Clean AirAct are notmet, since the plan does not Include procedures for preventing the significant deterioration of air quality. (b) Regulation forpreventingsignificant deteriorationof air quality. The provisions of §52.21 (b). (c). (d), (e), and (Ware hereby incorporated by ref-

erence and made apart ofthe applicable Implementation plan for the State of North Carolina. SubpartJJ-North Dakota 36. Subpart JJis amended by adding §52.1829 asfollows: §52.1829 Significant deterioration of airquality.

- (a) The requirements of section 101 (b) (1) of the Clean Air Actare notmet, since the plan does not include procedures for preventing the significant deterioration of air quality.

(b) Regulationforpreventingsignificant deterioration of air quality. The provisions of §52.21 (b), (c), (d), (e), and (f) arehereby incorporated by ref-

erence andmade a part ofthe applicable implementation plan for the State of. North Dakota. Subpart KK--Ohlo
37. Subpart K is amended by adding 

### §52.1884asfollows: §52.1884 Significant deterioration of airquality. (a) The requirements of section 101(b) (1) of the Clean Air Ac are not met, since the plan doesnot includepro- cedures for preventing the algnificant deterioration ofair quality. (b) Regulation forpreventing significant deteriorationof airquality. The provisions of §52.21(b), (c), (d), (e), and f) arehereby incorporated by reference and made a part of the applicable Implementation planfor the State ofOhio. Subpart LL-Oklahoma

38. Subpart IL Is amended by adding §52.1929 asfollows: § 52.1929 Significant deterioration of airquality. (a) The requirements of section 101(b) (1) of the Clean Air Act are not met, sincethe plandoes notinclude procedureq for preventing the significant deterioration ofairquality. Cb) Regulationforpreventingsignificant deteriorationof 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 ofOldahoma. SubpartMM--Oregon
39. SubpartMMIs amended by adding §52.1987 as follows: § 52.1987 Significant deterioration of airquality. (a) The requirements of section 101(b) (1) of the Clean Air Act are not met, since theplan doesnotInclude procedures for preventing the significant deteriorationof airquality.

(b) Regulationforpreventingsignificant deteriorationof 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 asfollows: §52.2058 Significant deterioration of airquality. (a) The requirements of section 101(b) (1) of the Clean Air Act are not met ,sincethe plan does notinclude procedure3 for preventing the significant deterioration ofairquality.

(b) Regulationforpreventingsignificant deteriorationof 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 ofPennsylvania. Subpart 00-Rhode Island
41. Subpart 00 i amended by addIng §52.2083 as follows: 

### § 52.2083 Significant deterioration of airquality. (a) The requirements of section 101 (b) (1) of the Clean Air Act arenotmet, since the plan does not include procedures for preventing the significant deterioration of air quality.

Cb) Regulationfor reventingsignificant deteriorationof 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 airquality. (a) The requirements of section 101 (b) (1) ofthe Clean Air Act arenotmet,

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) Regulationforpreventing signifitcant deteriorationof 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. SubpartQQ-South Dakota
43. Subpart QQ Is amended by adding 

### §52.2178 as follows:

- §52.2176 Significant deterioration of airquality. (a) The requirements of section 101 (b) (1) of th6 Clean AirAct are notmet, since the plan does not include procedures for preventing the significant deterioration of air" quality. (b) Regulationfor Preventing significant deteriorationo1 airquality. The provisions of §52.21(b), (c), (d), (e), and (f) are hereby incorporated by reference and made apart of the applicable Implementation plan for the State of South Dakota. SubpartRR-Tennessee
44. Subpart RR is amended by adding §52.2233 as follows: § 52.2233 Significant deterioration of airquality. (a) The requirements of section 101 (b) (1) of the CleanAir Act are notmet, since the plan does not include procedure3 for preventing the significant deterioration of air quality. (b) Regulationfor preventing significant deteriorationof 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 airquality. (a) The requirements of section 101 (b) (1) of the Clean Air Act are notmet, since the plan does not include procedures for preventing the significant deterioratioxi of airquality. (b) Regulation forpreventingsignificant deteriorationof air quality. The provisions of §52.21 (b), (c), (d), (e), and (f) are hereby incorporated by ref-

erence andmade apart of the applicable implementation plan for the State of 

### Texas. Subpart7r-Utah

46. Subpart TT Is amended by adding §52.2346 as follows: 

### § 52.2346 Significant deterioration of airquality. (a) The requirements- of section 101 (b) (1) of the Clean AirAct are not met, since the plan does not include procedures for preventing the significant deterioration ofair quality. (b) Regulation for Preventingsigniftcant deteriorationof air quality. The provisions of §52.21 (b). (c), (d), (e), aid (f) are hereby incorporated by reference andmade a part of theapplicable implementation plan for the State of Utah. SubpartUU-Vermont

47. Subpart UU is amended by adding § 52.2380 as follows: 

### §52.2380 Significant deterioration of airquality. (a) The requirements of section 101 (b) (1) of the Clean AirAct are not met, since the plan does not include procedures for preventing the significant deterioration ofair quality.

(b) Regulation forpreventingsigniftcant deterioration of air quality. The provisions of §52.21(b), (c), (d), (e), and Cf) are hereby incorporatedby ref-

erence and madea part ofthe applicable implementation plan for the State of Vermont. SubpartVV-Virginia

48. Subpart VV is amended by adding §52.2451 as follows: 

### §52.2451 Significant deterioration of airquality. (a) The requirements of section 101 (b) (1) of the Clean AirAct are'notmet, since the plan does not include procedures for preventing the significant deterioration ofair quality. (b) Regulationforpreventingsignificant deteriorationof air quality. The provisions of §52.21(b), (c), (d), (e), and (f) are hereby incorporated by ref-

erence andmade apart ofthe applicable implementation plan for the State of Virginia. SubpartWW-Washington
49. SubiartWWis amended by adding § 52.2497 as follows: 

### § 52.24)7 Significant' deterioration of airquality. (a) The requirements of section 101 (b) (1) ofthe CleanAir Act are not met, since the plan does not include proce- .odures for preventing the significant deterioration of air quality.

- (b) RegulationforPreventingsigniftcant deterioration of air quality. The provisions of § 52.21(b), (c), (d), (e), and f) are herebyincorporated byreferhnee 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 airquality. (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 preventingsignif

- cantdeterioration ofair quality.Theprovisions of §52.21(b), (c), (d), (e), and (f) are hereby incorporated byreferenco and made a part of the applicable iraplementation plan for the State ofWest Virginia. Subpart YY-Wisconsin

51. Subpart YY Is amended by adding 

### §52.2581 as follows: § 52.2581 Significant deterioration of airquality. (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) Regulationfor preventingsignificant deteriorationof air quality. Tho provisions of §52.21(b), (c), (d), (e), and (f) arehereby 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 airquality. (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) Regulationforpreventing signlficant deteriorationof air quality. ThO provisions of §52.21(b), (c), (d), (e), and Cf) arehereby Incorporated byreference 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 airquality. (a) The requirements of section 101 1b) (1) ofthe Clean AirAct are not met, since the plan does not include procedures for preventing the significant deterioration of air quality. (b) Regulation forpreventingsignificant deteriorationof air quality. The provisions of §52.21 (b), (c), (d), (o), and (f) are hereby Incorporated by reference and made apartof the applicable implementationplan forGuam, Subpart BBB-Puerto Rico
54. Subpart BBB is amended by addng §52.2729 as follows: 

### §52.2729 Significant deterioration of airquality. (a) The requirements of sectIon 101 (b) (1) of theClean AirAct are notmot, since the plan does not include procedures for preventing the significant deterioration of air quality. (b) Regulation forpreventingsigniftcant deteriorationof 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 andmade apart ofthe-applicable implementation planforPuertoRico. SubpartCCC-Virgin Islands
55. Subpart CCC is amended by adding§52.2779 asfollows: §52.2779 Significant deterioration of airquality. (a) The requirements of section 101 (b) (1) ofthe Clean Air Act are not met, since -theplan does not include procedures for preventing the significant deterioration of air quality.

(b) Regulation forpreventingsigniflcant deteriorationof air quality. The provisions of §52.21 (b), (c), (d), (e), and (f) are herebyfincorpbrated by ref-

erence and-made a part ofthe 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 airquality. (a) 'The requirements of section 101 Cb) (l of the Clean AirAct arenot met, since the plan does not include proce- *dures for preventing the significant deterioration of air quality. (b) Regulation forpreventingsigniftcant deteriorationof air quality. 'The provisions of §52.21 (b), (c), (d), (e), and (f) are hereby incorporated by refSerence and made a partofthe applicable implementation plan for American Samoa.

[FB oc.75-15a14Filed 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 -motorvehicle activity during emergency episodes of air pollution. It has since

come to the attention of the Administrator -thatthere 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 andto 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

arenotincluded inthe 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 ofJanuaky 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 thisparticular. 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 istheAdministrator'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 allnational ambient air quality standards in the State, and

as calledfor by the original control strategies ofthe State's plan.

On July 3. 1974, the Technical Secretary oftheTennessee AirPollution Control Board informed the Agency's Regional Administrator that the Tennessee AirPollution ControlDivisionhad 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, theAdrmlnlstrator 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, asneeded to assure the attainment and maintenance ofall 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), CleanAir 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) areadded asfollows: 

### §52.2224 Legal authority.

Cc) (1) The requirements of §51.11(a) (2) of this chapter arenot metsince 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 legalauthority, as a resultof the enactment ofHouse 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 isdisapproved. (e) The requirements of §51.11(a) (2) of this chapter are not met since the State lacks legalauthority, asa result of the enactment ofHouse Bill 1845 bythe 1974 Tennessee legislature, to control emissions from air contaminant sources whichusewoodwaste only asfuel.Therefore, the last sentence ofsection 53-3422 of the Tennessee Code Annotated is disapproved.

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



### Title41-Public ContractsandProperty Management CHAPTER 5A-FEDERALSUPPLY 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 Insolicitations when cubicmeasurements

are required for bid evaluation purposes and these measurements can be predetermined with reasonable accuracy for inclusion inthesolicitation.

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 anddimensions. 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 anddimensions. (a) Guaranteed maximum shipping wzights and/or dimensions. A clause substantiallyas follows (included inGSA 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 requiredfor determination oftransportation

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