C.F.R. » Title 40 » CHAPTER I—ENVIRONMENTAL PROTECTION AGENCY › SUBCHAPTER C—AIR PROGRAMS › PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS › Subpart A—General Provisions

40 C.F.R. § 52.06

Legal authority

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(a) The Administrator's determination of the absence or inadequacy of legal authority required to be included in the plan is set forth in each subpart. This includes the legal authority of local agencies and State governmental agencies other than an air pollution control agency if such other agencies are assigned responsibility for carrying out a plan or portion thereof.

(b) No legal authority as such is promulgated by the Administrator. Where required regulatory provisions are not included in the plan by the State because of inadequate legal authority, substitute provisions are promulgated by the Administrator.

[37 FR 10846, May 31, 1972, as amended at 60 FR 33922, June 29, 1995]
Notes of Decisions
Cited in 1 case, 1976–1976 · leading case: Friends of the Earth v. Carey, 422 F. Supp. 638 (S.D.N.Y. 1976).
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Friends of the Earth v. Carey, 422 F. Supp. 638 (S.D.N.Y. 1976). “The Administrator’s own regulations, 40 C.F.R. § 52.06 , would appear to impose on the Administrator the duty of first promulgating the specific implementing regulations which defendants have failed to submit.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.