40 CFR § 62.05 - Legal authority.

---
identifier: "/us/cfr/t40/s62.05"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "40 CFR § 62.05 - Legal authority."
title_number: 40
title_name: "Protection of Environment"
section_number: "62.05"
section_name: "Legal authority."
chapter_name: "ENVIRONMENTAL PROTECTION AGENCY"
subchapter_number: "C"
subchapter_name: "AIR PROGRAMS"
part_number: "62"
part_name: "APPROVAL AND PROMULGATION OF STATE PLANS FOR DESIGNATED FACILITIES AND POLLUTANTS"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "42 U.S.C. 7401"
regulatory_source: "43 FR 51393, Nov. 3, 1978, unless otherwise noted."
cfr_part: "62"
---


# 62.05 Legal authority.

(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 authority, substitute provisions are promulgated by the Administrator.