Citation: 43 Fed. Reg.

51393 1978
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RULES AND REGULATIONS
[1505-01-M]
Title 40-Protection of Environment
CHAPTER I-ENVIRONMENTAL
PROTECTION AGENCY
SUBCHAPTER C-AIR PROGRAMS
[FRL 9841
PART 52-APPROVAL AND PROMUL-
GATION OF IMPLEMENTATION
PLANS
Wyoming Plan Revisions
Correction
In FR Doc. 78-29433 appearing at
page 48637 in the issue for Thursday,
October 19, 1978; in the second column
of page 48638, in the second line of
52.2620(c)(10), the word "capacity"
should have read "opacity".
[6560-01-M]
[FRL 1001-2]
PART 62-APPROVAL AND PROMUL-
GATION OF STATE PLANS FOR
DESIGNATED FACILITIES AND POL-
LUTANTS
Procedural Framework
AGENCY: Environmental Protection
Agency
ACTION: Final rulemaking.
SUMMIARY: This notice establishes a
new part 62, "Approval and Promulga-
tion of State Plans for Designated Fa-
cilities and Pollutants." Part 62 pro-
vides for procedural framework in
which EPA will approve or disapprove
plans submitted by the State, and pro-
mulgate Federal plans if necessary.
under se6tion lll(d) of the Clean Air
Act. Section 111(d) of the Act requires
States to submit plans to control emis-
sions of designated pollutants from
designated facilities; EPA must desig-
nate the facilities and pollutants for
which States must develop plans.
This action is needed because EPA's
actions in approval, disapproval, and
promulgation of State plans must be
made public. The intended effect of
this action is to establish the frame-
work for publicizing these actions. The
first plans will be those for the control
of fluoride emissions from'phosphate
fertilizer plants; States were required
to submit those plans to EPA by De-
cember 1, 1977.
Several States have written EPA let-
ters indicating that they have no phos-
phate fertilizer facilities. We call these
letters "negative declarations" and are
approving them below in subparts B-
DDD. The remainder of the State sub-
missions have been or will be proposed
and then approved, disapproved, or
promulgated as necessary wfhen appro-
priate information is received from
the States.
EFFECTIVE DATE: Immediately.
ADDRESS: U.S. Environmental Pro-
tection Agency. Office of Air Quality
Planning and Standards, Control Pro-
grams Development Division (MID-15),
Research Triangle Park. North Caroli-
na 27711.
FOR FURTHER INFORMATION
CONTACT'
Joseph Sableski, Chief, Plans Guide-
lines Section, at 919-541-5437 or at
the above address.
SUPPLEMENTARY INFORMATION:
On July 10. 1978 (43 FR 29585), EPA
proposed to establish a new part 62,
"Approval and Promulgation of State
Plans for Designated Facilities and
Pollutants." The preamble to that
FEDERAL 'REGISTER notice provided
background on the nature of the
action; interested persons may consult
that notice for further information.
EPA received no significant com-
ments on the proposal and is. there-
fore, promulgating the regulation as
proposed without change as set forth
below.
Dated: October 26. 1978.
DOUGLAS M. COSTLE.
Administrator.
Part 62 is added to 40 CFR Ch. I to
read as follows:
PART 62-APPROVAL AND PROMUL-
GATION OF STATE PLANS FOR
DESIGNATED FACILITIES AND POL-
LUTANTS
Subpart A-General Provisions
Sec.
62.01 Definitions.
62.02 Introduction.
62.03 Extensions.
62.04 Approval status.
62.05 Legal authority.
62.06 Negative declarations.
62.07 Emissions standards, compliance
. schedules.
62.08 Emission inventories and source sur-
veillance.
62.09 Revision of plans by Administrator.
62.10 Submission to Administrator.
62.11 Severability.
62.12 Availability of applicable plans.
Subparts B-0 [Reserved]
Subpart P-Indiana
FLUORIDE EMISSIONS FROM PHOSPHATE
FtRTILIZER PLANiTS
62.3600 Identification of plan-Negative
declaration.
Subparts Q-W [Reserved]
Subpart X-Michigan
FLUORIDE EIISSIONS FROM PHOSPHATE
F&=ILZER PLANTS
62.500 Identification of plan-Negative
declaration.
Subpart Y-Minnesola
FLUORIDE EMISSIONS FROM PHOSPHATE
FERLuzR PLANTS
62.5850 Identification of plan-Negative
declaration
Subparts Z-FF [Reserved]
Subpart GG-New Mexico
FLuORi E EMISSIONS FROM PHOSPHATE
F!ERTILTz= PLANTS
62.7850 Identification of plan-Negative
declaration.
Subparts HH-KK [Reserved]
Subpart L--Oklahoma
FLUORIDE EMSSIONS FROM PHOSPHATE
]FERTILIZER PLANTS
62.9100 Identification of plan-Negative
declaration.
Subparts MM-XX [Reserved]
Subpart YY-Wisconsin
FLUORIDE EMISSIONS FROM PHOSPHATE
FERTILIZER PLANTS
62.12350 Identification of plan-Negative
declaration.
Subparts ZZ-DDD [Reserved]
AUThORiTi: Secs. 111 and 301(a). Clean
Air Act, as amended (42 U.S.C. 7413 and
7601).
Subpart A-General Provisions
62.01 Definitions.
As used In this part, all terms not de-
fined herein shall have the meaning
given to them in the Clean Air Act and
in Part 60 of this chapter.
62.02. Introduction.
(a) This part sets forth the Adminis-
trator's approval and disapproval of
State plans for control of designated
pollutants and facilities, and the Ad-
ministrator's promulgation of such
plans or portions thereof. Approval of
a plan or any portion of a plan is
based on a determination by the Ad-
ministratr that It meets the require-
ments of section 111(d) of the act and
FEDERAL REGISTER, VOL 43, NO. 214-FRIDAY, NOVEMBER 3, 1978
51393
RULES, AND! REGULATIONS,
the provisions, of Part- 60. o this chap-
ter.
(b) If a State-does not submit a com-
plete, approvable- plan,: the Adminis-
trator may then promulgate -a substi-
tute plan or part of a plan. The pro-
mulgated- provisibn, plus the, approvedi
parts of the State plan, constitute the
applicable plan. for purposes of the
act.
(c) The Administrator' will promul-
gate substitute provisions. for the. dis-
approved regulatory provisions only.
If a nonregulatory provision is disap-
proved; however;, it will, be! noted im
this part and a detailed explanation
will be sent to the State.
(d) All approved regulatory provi-
'sions of each plani are incorporatect by-
reference in this part. Section 62.12
provides information on availability of-
applicable plans. The Administrator
and State and local agencies shall en-.
force (1) regulatory' provisions of a
plan approved or promulgated by the
Administrator, and- (2) all permit con-
ditions, or denials: issued, in carrying-
out the approved. or promulgated regu-
lations for the review of designated fa-
1llities:
(e) Each, State's plan is dealt with in
a separate subpart,, with separate
headings for different pollutants and
facilities. The plans- shall- include an
introductory section identifying the.
plan by name and the date. of its sub-
mittal. Additional sections are includ-
ed, as necessary to) specifically identify
disapproved provisions, to, set forth
reasons for disapproval,, and to set
forth provisions of' the plan promul-
gated by the Administrator Except as
otherwise specified, all supplemental
information submitted to the Adminis-
trator with respect to' any, plan has
been, submitted by the Governor of
the State.
(f) Revisions to applicable plamn will
be included in this' part when ap-
proved or promulgated by the Admin-
istrator.
62.03 Extensions.
The Administrator may, whenever
he determines necessary, extend the.
period for submission of any plan or
plan revision or portion thereof.
62.04 Approval- status:
The approval, status of each State's
plan or portions thereof, are set forth.
in each subpart. All plans are ap-
proved unless specifically' disapproved
in the appropriate subpart. "
W6.05 i egallautliorit y.
(a), The Administrator's determina-
tion of the' absence, or inadequacy' of'
legal authority reojuiredto be-included
in the, plan is set, forth. in. each. sub-
part. This includes the legal authority
of local agencibs and'State governmen-
tal agencies other ,than an air pollu-
tion control agency if such other agen-
cies are-' assigned' responsibilityj foi- car-
rying, out a,plamor portioixthereof.
(b) No legal authority as such- is pro.-
mulgated by - the Administrator.-
Where. required, regulatory provision
are not included in the plan by the
Statebecause of inadequate authority,
substitute provisions- are. promulgated
by the Administrator.
62.06, Negative, declarations.
- A State may submit to the Adminis-
trator a letter certifying that no desig-
nated. facilities, exist, in the State, if
,
such is the case. The negative decrara.-
tion will be in lieu of a plan.
62.0T Emission' sULnd'ards, compliance
schedules.
(a), In. each subpart, emission stand-
ards and compliance schedules which
have, been disapproved' by the' Admin-
istrator, are idbntified,. and those- pro-
mulgated: by' the Administrator are set
forth.
(b); The Administrator's- approval or
promulgation of, any, compliance
schedule shall not affect the responsi-
bilty of the owner or operator to
comply" with any applicable emission
limitation' on or after the date for
final, compliance:specified in the appli-
cable schedule.
62.08 Emission- inventories, and source
surveillance.
(a) Each subpart identifies the plan
provisibns for source surveillance
which. are disapproved, and sets forth
the Administrator's promulgation of
necessary provisions for requiring des-
ignated sources to maintain records,
make reports; and submit information.
'(b) The Administrator will not; pro-
mulgate provisions for disapproved
State or, local agency procedures for
testing; Inspection, investigation, or
detection; However, detailed critiques
of- such portions will be. provided to
the State.
62.09 Revisionof plans Iby-Adiinistrator.
After notice and opportunity for
-public hearing in each affected State,
the Administrator may revise any pro-
vision of an applicable plan if:
(a) The provision was promulgated
by the Administrator and,
(b) The plan, as revised; will be con-
sistent with the Act and with the re-
quirements of, Part. 60, Subpart. B' of'
this chapter.
62.10 Submission to Administrator.
Except as otherwise provided in
60.23 of this chapter,, all requests,,re-
ports, applications, submittals, and
other communications ta the Adminis-
trator pursuant to this, part shall be
submitted in duplicate and addressed
to the appropriate Regional Office of
.the Environmental Protection Agency,
to the attentioni of the Director, Air
and Hazardous Materials Division (En-
vironmental Programs DiViion In,
Region II). The Regional Offices- are
as follows:
Region and Jurisdiction Addtcra
covered
I-Connecticut. Maine. Mas. JFK Federal
sachusetts. New Hamp. Building, Boston,
shire. Rhode Island, Ver- Mas&02201
mont ,.
II-New York., New Jersey. Federal Office.
Puerto Ric( Virgin Itlands. Building. 26
Fedbral Plaza, N W
York. N.Y. 10007.
IlI-Delaware, Ditrict of Curtis Bullding,.Oth,
Columbia. Pennsylvania, and Walnut Sts.,
Maryland, Virginia. West Phliadelphia, Pa,
Virginia. 10100.
IV-Alabama. Florida. Oeor- 345 Courtland NR,
gia.*Mississippi. Kentucky. Atlanta. On. 30308.
North Carolina. South
Carolina. Tennessee.
V-Illinois. Indiana. Michi. Federal Bdilding, 230
gan. Minnesota. Ohio, Wis- South Dearborn
consin. St.. Chicago; Ill,
60606.
VI-Aransas. Louisiana. lot International
New Mexicoi Ok:ahoma; Building. 1201 Elm
Texas. St,. Dallas, Tex,
75270,
VII-lowa, Kansas. Missouri. 1735 Baltimore St.,
Nebraska. Kansas City, Mo,
04108.
VIII-Colorad. Montana, 910 Lincoln Towers,
North Dakota, South 1860 Lincoln St..
Dakota, Utah. Wyonilng. Denver. Colo.
80203.
IX-Arzona. California, 215 Fremont St., San1
Hawaii. Nevada. Guam, Francisco, Callf.
American Samoa. 94105,
X-Washngton; Oregon; 1200 6th Ave..
Idaho. Alaska: Seattle. Wasl,
98101.
62.11 Severability.
The provisions promulgated..n this
part, and the various applications
thereof are distinct and. severable, If
any provision of this part or the appli-
cation- thereof to. any person or cir-
cumstances. is held invalid, such, Inva-
lidity shall not affect other provisions
or application of such provision to
other persons or circumstances which
can be given effect without the invalid
provision or application.
62.12: Availability of'applicable plans.
Copies. of the applicable plans will be
available for, public Inspection at the
following locations:
(a). The offices, of the Directors,, Air
and Hazardous Materials Divisions at
EPA Regional Offices , III-X, and the
FEDERAL, REGISTER,, VOL 43,. NO. 2)4-FRDAY,, NOVEMBER 31978,
51394,
Director, Environmental Programs Di-
vision at EPA Regional Office IL The
addresses and jurisdictions covered by
these appear in 62.10.
(b) Public, Information Reference
Unit, Library Systems Branch., EPA
(PM 213), 401 M Street SW., Washing-
ton, D.C. 20460.
Subparts B-0 [Reserved]
Subpart P-Indiana
FLUORIDE EMISSIONS FROM PHOSPHATE
FERTILIZER PLANTS
62.3600 Identification of plan-Negative
declaration.
The State Board of Health submit-
ted on April 18, 1977, a letter certify-
ing that there are no existing phos-
.phate fertilizer plants in the State
subject to Part 60, Subpart B of this
Chapter.
Subparts Q-W [Reserved]
Subpart X-Mchigan
FLUORIDE EMISSIONS FROM PHOSPHATE
FERTILIZER PLANTS
62.5600 Identification of plan-Negative
declaration,.
The State Department of Resources
submitted on April 18, 1977, a letter
certifying that there are no existing
phosphate fertilizer plants in the
State subject to, Part 60, Subpart B of
this Chapter.
Subpart Y-Minnesofa
FLUORIDE EMISSIONS FROM PHOSPHATE
FERTILIZER PLANTS
62.5850 Identification. of plan-Negative
declaration-
The State Pollution Control Agency
submitted'on April 7, 1977, a letter cer-
tifying that there are no existing
phosphate fertilizer plants in the
State subject to Part 60, Subpart B of
this Chapter.
Subparts Z-FF [Reserved]
Subpart GG-New Mexico
FLUORIDE EMISSIONS FROM PHOSPHATE
FERTILIZER PLANTS
62.7850 Identification of plan-Negative
declaration.
The State Department of Health
and Social Services submitted on Octo-
ber 31, 1977, a letter certifying that
there are no existing phosphate fertil-
izer plants in the State subject to Part
60, Subpart B of this Chapter.
RULES AND REGULATIONS
Subparts.HH-KK [Reserved]
Subpart LL-Oklahoma
FLUORIDE EMISSIONS FROM PHOSPHATE
FkRTILIZEX PLANTS
6Z.9100 Identification of plan-Negative
declaration.
The State Department of Health
submitted on October 25, 1977, a letter
certifying that there are no existing
phosphate fertilizer plants In the
State subject to Part 60, Subpart B of
this Chapter.
Subparts MM-XX [Reserved]
Subpart YY-Wisconsin
FLUORIDE EMISSIONS FRoM PHOSPHATE
FERTILZ PLANTS
62.12350 Identification of plan-Nega-
tive declaration.
The State Department of Natural
Resources submitted on May 24. 1977.
a letter certifying that there are no
existing phosphate fertilizer plants In
the State subject to Part 60, Subpart
B of this Chapter.
Subparts ZZ-DDD [Reserved]
[PR Doc. 78-31058 Piled 11-2-78; 8:45 aml
[6820-24-M]
Title 41-Public Contracts and
Property Management
'CHAPTER 5A-FEDERAL SUPPLY
SERVICE, GENERAL SERVICES AD-
MINISTRATION
(FSS P 2800.8B CHGS 27-341
MISCELLANEOUS AMENDMENTS
AGENCY: Federal Supply Service,
General Services Administration
ACTION: Final rule.
SUMMARY: This amendment to the
General Services Administration Pro-
curement Regulations (GSPR 5A)
adds instructions and contract clauses
applicable to the procurement of
stainless steel flatware, provides guide-
lines to contracting officers regarding
the 'receipt and safeguarding of bid
samples, revises instructional material
to update and supplement existing
procedures, deletes obsolete instruc-
tions, adds or revises miscellaneous
contract clauses, and updates procure-
ment forms and exhibits. The purpose
of these regulations Is to Improve Fed-
eral Supply Service procurement pro-
cedures and contract clauses.
EFFECTIVE VATE: November 3,
1978.
51395
FOR FuRTHEIR INFORMATION
CONTAC.
Einar Windingland, Director; Policy
and Procedures Division, Office of
Procurement, Federal Supply Serv-
ice, General Services Administration,
Washington. D.C'20406, 703-557-
8344.
PART SA-1-GENERAL
The table of contents for part 5A-1
Is amended to delete 5A-1.30C
Subpart 5A-1.3--General Policies
S 5A-1.304 [Deleted]
Section 5A-1.304 is deleted
Subpart 5A-L.7-SmalI Business
Concerns
Sections 5A-1.703-2 (b) and (c)(1)
are revised as follows:
5A-L.703-2 Protest regarding- small busi-
ness status.
(b) When the solicitation. provides
for a total or partial small business
set-aside, or a labor surplus area set-
aside, It is essential that the applicable
small business size standard be set
forth clearly In the schedule (see I-
1.706-5(c) and 1-I.706:-6Cc)). In addi-
tion, the following notice shall be in-
cluded In all solicitations:
XoroCZ CoNczp-nM SzE STATU
The -an business representation appear-
ing on page 2 of the solicitation Is a matera
reprezentation of fact upon which the Gov-
ernment relies when making award. If It Is
later determined that the small businews
representation was erroneous. and the Con-
tractor was not a small business concern an
the date of award of this contract, the con-
tract may be canceled by, the Government
and the Contractor charged with any dam-
ages sustained by the Government as a
result of such cancellation- Any bidder who
has a question as to whether he s or Is not a.
small business concern shall contact the
nearest office of the Small Business Admln-
Istration for guidance and assistance. In
case of conflict between standards set forth
in the solicitation and those of the SEA. the
SBA regulations as of the time of bid open-
ig shall control.
(c)
(1) When submitting GSA form 894,
Financial Responsibilty-Inquiry and
Reply (see 5A-1.1205-2(b)), a nota-
tion shall be entered in the "Remarks!"
block requesting the appropriate GSA
finance activity to furnish any availa-
ble Information such as corporate af-
filiation, franchise arrangements,.
number of employees, volume of sales,
and other Information which may
have a bearing on the small business
status of the prospective contractor. A
copy of the SF 33. Solicitation, Offer,
and Award, executed by the bidder (or
FEDERAL REGISTER, VOL 43, NO. 214-FRIDAY, NOVEMBER 3, 1978