Petitioners, the Natural Resources Defense Council, Inc. (NRDC), a nonprofit corporation, the Arizona Nurses' Association, also a nonprofit corporation, and Dr. Richard Abbuhl, individually, challenge the approval by the Environmental Protection Agency (EPA) of various portions of the implementation plan submitted by the State of Arizona under the Clean Air Act Amendments of 1970, 42 U.S.C. 1857 et seq. (the Act). This court's jurisdiction to entertain the challenge is founded upon Section 307(b)(1) of the Act, 42 U.S.C. 1857h-5(b) (1).1

The federal-state cooperative scheme of the Act has been well described elsewhere.2 For present purposes, it is necessary only to reiterate briefly that the Act charges the EPA with responsibility for setting national primary and secondary ambient air quality standards,3 and imposes upon the EPA the duty of ensuring that the implementation plans of the various states provide for both the attainment of these standards within the statutorily prescribed time periods and the maintenance of these levels thereafter. 42 U.S.C. 1857c-4, 1857c-5. Petitioners contend that the EPA has breached this duty by approving those elements of the Arizona implementation plan4 which (1) allow the State to grant variances in a manner unauthorized by the Act; (2) inadequately provide for the full disclosure of emissions data by individual sources of air pollution; and (3) provide for the issuance of permits for new and modified sources of pollution in a manner insufficient to guarantee the attainment and maintenance of national air standards.

Before appraising the merits of these substantive issues raised by petitioners, we shall first consider the standing of each petitioner to assert these arguments before this court.

The Tenth Circuit, in a similar action brought by the NRDC to test the adequacy of the Colorado, New Mexico, and Utah implementation plans, dismissed the petition for lack of standing. Natural Resources Defense Council, Inc. v. EPA, 481 F.2d 116 (10th Cir. 1973). The court refused to read into Section 307(b)(1) of the Act, 42 U.S.C. 1857h-5(b)(1), a standing requirement more liberal than that applied by the Supreme Court in other cases in which standing to sue was predicated upon a specific statutory authorization. 481 F.2d at 120-121. We agree with this construction of section 307(b)(1). Given the inexorable interrelationship between standing and the constitutional prerequisites of federal jurisdiction under Article III of the Constitution, Flast v. Cohen, 392 U.S. 83, 98, 88 S. Ct. 1942, 20 L. Ed. 2d 947 (1968), we are unable to accept the NRDC's contention that the statute could confer standing without a prior showing of 'injury in fact.' See Association of Data Processing Service Organizations v. Camp, 397 U.S. 150, 151-152, 90 S. Ct. 827, 25 L. Ed. 2d 184 (1970). Nor does the legislative history of the section demonstrate, as the NRDC avers, that this is what Congress intended when it established this mode of review for EPA decisionmaking.5

The Supreme court, in Sierra Club v. Morton, 405 U.S. 727, 92 S. Ct. 1361, 31 L. Ed. 2d 636 (1972), and Data Processing, supra, has required litigants who assert standing based upon an enabling statute (as here) to demonstrate that they have suffered an 'injury in fact' and that this injury is 'arguably within the zone of interests' to be protected by the applicable statute. Sierra Club, supra 405 U.S. at 732-733, 92 S. Ct. at 1365; Data Processing, supra 397 U.S. at 152-153, 90 S. Ct. 827. The 'injury in fact' requirement necessitates a showing that the party seeking review be himself among the injured. Sierra Club, supra 405 U.S. at 735, 92 S. Ct. 1361. Neither petitioners nor respondent has seen fit to enlighten the court with respect to the identity of the 'petitioners,' their relationship to the State of Arizona, if any, or just how they or any of them are among those who might be injured by any deficiency in the Arizona State implementation plan. The Petition for Review cryptically states in its entirety:

'Natural Resources Defense Council, Inc., Project on Clean Air; Dr. Richard Abbuhl; the Arizon State Nurse's Association petition this court for review of the rules and regulations promulgated by respondent (37 Fed.Reg. 10842 (May 31, 1972), 40 CFR Part 52, Subchapter C) insofar as they approve the state air pollution implementation plan for the state of Arizona.'

We therefore requested additional briefs addressed to the critical jurisdictional question that we raised sua sponte. Respondent argued that no sufficient showing had been made and requested that the petition be dismissed. Petitioners, without seeking to amend their petition or supplement the record, see Fed.R.App.P. App.P. 16(b), simply described themselves in an unverified memorandum as follows: (1) The National Resources Defense Council, with offices in Palo Alto, California; New York City, New York; and Washington, D.C., is a New York nonprofit corporation that comprises approximately 16,000 members, 107 of whom are residents of Arizona. There has been no allegation or showing on the record in this court that the Arizona members have either requested to be represented or consented to be represented by the NRDC in this action. (2) The Arizona Nurses' Association is a nonprofit Arizona corporation with approximately 2,300 nurses as members throughout the State of Arizona. The memorandum states that 'the Association testified' at some of the public hearings on the Arizona State implementation plan. (3) Dr. Abbuhl is a resident and medical practitioner of Phoenix, Arizona.

While the Arizona resident members of the nonprofit organizations breathe the air of the State and their health and well-being may be affected by pollutants in the air, the constituent corporations neither breathe the air nor is their corporate health affected by it.6 On the basis of the record before us we are unconvinced that the NRDC has sufficiently asserted or made a showing within Sierra Club v. Morton, 405 U.S. 727, 92 S. Ct. 1361, 31 L. Ed. 2d 636 (1972), to qualify as possessing standing. In a supplemental statement, it is alleged that some of the nurses of the Arizona Nurses' Association participated in the Arizona hearings, but on the basis of the petition it is doubtful if this corporation is in any better position than the NRDC. There is no doubt, however, that Dr. Abbuhl, as a resident of Arizona, will suffer injury if compelled to breathe air less pure than that mandated by the Clean Air Act. See United States v. SCRAP, 412 U.S. 669, 687, 93 S. Ct. 2405, 37 L. Ed. 2d 254 (1973); id. at 703, 93 S. Ct. 2405 (Douglas, J., dissenting in part). On this basis, we are satisfied that there is sufficient individual interest presented in this petition for review to allow us to go forward. The petition is dismissed, however, as to petitioners NRDC and the Arizona Nurses' Association.

With this preliminary jurisdictional inquiry aside, we may now address seriatim the specific objections of petitioner Abbuhl to the Arizona implementation plan.

Under the Arizona statute, any individual source of pollution may apply for a 'conditional permit' allowing the source to vary from the requirements of the State's implementation plan. Such variances may be granted if 'additional time is needed for compliance and . . . the conditional permit, if granted, will not unduly endanger human health or safety either directly or indirectly.' Ariz.Rev.Stat. 36-1712 (West Supp. 1973). Petitioner advances three reasons why this provision should have been disapproved by the EPA as inconsistent with the dictates of the Act. First, this procedure allegedly circumvents the only express mechanism in the Act through which individual exemptions from the requirements of a state's implementation plan may be granted. Secondly, petitioner contends that this element of Arizona's plan improperly interjects economic considerations into the State's program through which national air quality standards are to be attained and maintained. Finally, petitioner asserts that this provision may interfere with Arizona's ability to regulate in conformity with these standards new and modified sources of pollution. For the reasons hereinafter set forth we reject these contentions of petitioner.

According to petitioner, an individual source of pollution may secure a variance from any requirement of a state's implementation plan only by application to the EPA, by the governor of the state in question, for a 'postponement' under Section 110(f) of the Act, 42 U.S.C. 1857c-5(f). The EPA, responding to this argument in earlier challenges to the Agency's approval of state plans containing similar allowances for variances, construed section 110(f) as relevant only to those exemptions from a state plan that would preclude the attainment or maintenance of national ambient air standards. Natural Resources Defense Council, Inc. v. EPA, 478 F.2d 875, 886 (1st Cir. 1973). The EPA viewed the Act as enabling a state to grant 'variances,' subject to approval by the EPA, for reasons other than those denominated in section 110(f) as long as such variances were minor, i.e., did not inhibit national air quality standards. Id. The EPA has since acceded to an intermediate interpretation, articulated by the First Circuit in Natural Resources Defense Council, Inc., supra, that would require mandatory resort to section 110(f), for such minor variances, only in the so-called 'postattainment' period, i.e., the period after May 31, 1975, the point at which national primary ambient air standards are to be achieved.7 It is this construction that the EPA asserts here.

The First Circuit, in reasoning that has since been adopted by the Second and Eighth Circuits, Natural Resources Defense Council, Inc. v. EPA, 494 F.2d 519, 523 (2d Cir. 1974); Natural Resources Defense Council, Inc. v. EPA, 483 F.2d 690, 693-694 (8th Cir. 1973), categorized as the 'preattainment' period that time within wbich the states must achieve national primary ambient air standards, viz., 'as expeditiously as practicable' but in no case later than 3 years beyond the date on which the state implementation plan is approved by EPA. 478 F.2d at 885. Reading the 'as expeditiously as practicable' language of 42 U.S.C. 1857c-5(a)(2)(A)(i) as indicative of a congressional intent to allow the states measure of flexibility during this period, the court accepted the EPA's allowance of a state's variance procedure, similar to that at issue here, during this preliminary period.8 478 F.2d at 887. The court declined, however, to recognize the availability of such flexibility after May 31, 1975. Rather, the court viewed section 110(f) of the Act as the exclusive means intended by Congress to vary any requirement of a state plan after the attainment date; any other procedure might 'invite protracted delay.' Id. at 886. Yet the court acknowledged that some brief and minor variances might be acceptable after this time, without reference to section 110(f), for 'mechanical breakdowns and acts of God.' Id.

We do not agree with this interpretation of the Act. While the First Circuit recognized, 478 F.2d at 887, that any variance, whenever sought, which would affect the attainment or maintenance of a national ambient air standard (i.e., a 'major' exemption) necessarily can be effected only through the express procedures of section 110(f), and only for the reasons stated in that section, there is no statutory basis for treating minor variances differently in the 'preattainment' and 'postattainment' periods. Indeed, given the First Circuit's restrictive reading of the Act as applicable in the postattainment period, it appears inconsistent for that court to acknowledge the need for minor variances, effected in the postattainment period without recourse to section 110(f), for mechanical breakdowns and acts of God. The statute lends itself only to one of two alternatives: either minor variances are possible at any time without recourse to section 110(f), or section 110(f) must be followed for any and all exemptions from a state's implementation plan.9

We read the legislative history of section 110(f) as demonstrative of a congressional intent to have that section apply only in those cases in which a particular variance would prevent the attainment or maintenance of a national ambient air standard. The origin of section 110(f) was section 111(f) of the Senate version of the Act. A portion of the relevant commentary from the Senate report concerning this provision is particularly instructive:

'Finally, the Committee would recognize that compliance with the national ambient air quality standards deadline may not be possible. If a Governor judges that any region or regions or portions thereof within his State will not meet the national ambient air quality standard within the time provided, the bill would authorize him-- one year before the deadline-- to file a petition against the United States in the District Court of the United States for the district where such region or portion thereof is located for relief from the effect of such expiration.' S.Rep.No.91-1196, 91st Cong., 2d Sess. 14-15 (1970). See also id. at 55-56; 116 Cong.Rec. 33,117 (1970) (remarks of Senator Cooper).

After Conference, this provision became part of the Act, with only a slight, procedural alteration.10 That this section was intended to encompass only 'major' modifications of a state's plan-- modifications that would inhibit a national standard within a particular air control region-- is reaffirmed by the Conference report and the Senate debates accompanying the passage of the Act.11

We must now consider whether or not the Act contemplates the issuance by states of 'minor' variances, subject always to EPA approval. We agree with the First Circuit that such flexibility, during what that court termed the preattainment period, is indicated by the employment of the term 'practicable' in 42 U.S.C. 1857c-5(a)(2)(A)(i).12 We extend this rationale, however, to the time after national standards are to be achieved. Without such an interpretation, it is difficult to perceive any just basis for the Act's exhortation to the states to promulgate implementation plans even stricter than that required to attain national ambient air standards. See 42 U.S.C. 1857d-1. As long as a possible variance from a state plan will not preclude the attainment or maintenance of such standards, we discern no legislative intent to commit a state, in toto, to its initial plan, without any flexibility whatsoever.13 To be sure, we recognize that the Act intends a policy of 'nondegradation,' i.e., those geographic areas enjoying air quality superior to that mandated by the Act are not to be made to suffer a reduction in such quality to national standards. Sierra Club v. Ruckelshaus, 344 F. Supp. 253, 255-257 (D.D.C.1972), aff'd per curiam, No. 72-1528 (D.C.Cir. Nov. 1, 1972), aff'd by an equally divided Court sub nom. Fri v. Sierra Club, 412 U.S. 541, 93 S. Ct. 2770, 37 L. Ed. 2d 140 (1973) (per curiam). Yet even here a measure of flexibility was written into the Act: the states are to provide for the maintenance of such superior air quality 'to the maximum extent practicable.' S.Rep.No.91-1196, 91st Cong., 2d Sess. 11 (1970).

Petitioner argues strenuously that the Act's conception of 'practicability' does not include considerations of economic cost and technological feasibility. Indeed, the portions of the legislative history relied upon by petitioner, as well as several other references in the reports and debates, clearly evince a legislative intent to realize national ambient air standards despite economic cost and in spite of the possibility that some business enterprises, unable to comply with a state's plan so as to enable that state to attain national standards within the prescribed time period, might have to terminate operations.14 We do not believe, however, that the Act forestalls consideration of economic and technological feasibility when a variance that will not interfere with national ambient air standards is contemplated. See also Natural Resources Defense Council, Inc. v. EPA, 483 F.2d 690, 694 (8th Cir. 1973); Natural Resources Defense Council, Inc. v. EPA, 487 F.2d 875, 888-889 (1st Cir. 1973). Accordingly, we hold that the EPA properly approved the Arizona 'conditional permit' system that allows variances, as long as the public health or safety will not be unduly endangered, if 'additional time is needed for compliance' with a particular requirement of the State's implementation plan.

While finding that the Act permits the adoption of a state 'variance' system similar to that contained in the Arizona implementation plan, we nevertheless stress that the ultimate arbiter of the propriety of any particular variance is and must be the EPA. See Getty Oil Co. (Eastern Operations) v. Ruckelshaus, 467 F.2d 349, 358 (3d Cir. 1972), cert. denied, 409 U.S. 1125, 93 S. Ct. 937, 35 L. Ed. 2d 256 (1973). Thus, should the State of Arizona grant a 'minor' variance that does, in fact, alter the attainment or maintenance of a national ambient air standard, the EPA is bound to disapprove this modification of the State implementation plan unless the explicit procedures of section 110(f) are followed and the modification is justified under that section. Indeed, until any variance is sanctioned by the EPA, any source operating in contravention of a state implementation plan that has been approved by that Agency is subject to forced compliance at the instance of the EPA. See Getty Oil Co., supra; 42 U.S.C. 1857c-8. Since no variance is operative without EPA approval, we do not agree with the First Circuit that the allowance of such variance procedures, in the postattainment period, will 'invite protracted delay.' Pending final approval of the variance by the EPA, the individual source is committed to the emissions standards enumerated in the original or previously revised15 state plan. Moreover, we fail to see how exclusive reliance upon the procedural and substantive hurdles of section 110(f) would facilitate a prompt determination on any particular sought-after variance. See Comment, Variance Procedures Under the Clean Air Act: The Need for Flexibility, 15 Wm. & Mary L.Rev. 324, 334-36 (1973).

We are not unaware that the Fifth Circuit has recently accepted petitioner's construction of the Act. Natural Resources Defense Council, Inc. v. EPA, 489 F.2d 390 (5th Cir. 1974), cert. granted, sub nom NRDC Inc. v. Train, U.S. , 95 S. Ct. 39, 42 L. Ed. 2d 46 (No. 73-1742); see also Buckeye Power, Inc. v. EPA, 481 F.2d 162, 167 (6th Cir. 1973) (dictum). With that court, we acknowledge that resort to the legislative history of a statute is unwarranted when the terms of the statute are clear and unambiguous. United States v. Oregon, 366 U.S. 643, 648, 81 S. Ct. 1278, 6 L. Ed. 2d 575 (1961); Easson v. Commissioner, 294 F.2d 653, 656-657 (9th Cir. 1961); Gilbert v. Commissioner, 241 F.2d 491, 494 (9th Cir. 1957). To be sure, the express language of section 110(f), standing alone, is not ambiguous.16 Yet, the failure of the Act to define 'revision,' as used in 42 U.S.C. 1857c-5(a)(3), and to indicate what notions are embodied in the 'as expeditiously as practicable' language of 42 U.S.C. 1857c-5(a)(2)(A)(i), create a lack of clarity in meaning when those sections are juxtaposed with section 110(f) as construed by petitioner and the Fifth Circuit. The words of the statute, in toto, give rise to a 'legitimate doubt' as to the meaning intended, and, therefore, justify resort to the legislative history. Maun v. by which all changes of particular application 1965). As stated, we do not see in this history a congressional intent to establish section 110(f) as the exclusive mechanism by which all changes of particular apllication may be accomplished. Compare Natural Resources Defense Council, Inc. v. EPA, 489 F.2d 390, 401 (5th Cir. 1974). Further, since we believe that the EPA's 'revision' authority of 42 U.S.C. 1857c-5(a)(3) is not the statutory basis for the allowance of variance procedures such as those at issue here,17 the semantic differences surrounding the various generally accepted definitions of 'postponement,' 'revision,' and 'variance' are irrelevant. This fact, in addition to our different interpretation of the legislative history of the Act, marks the point of departure between our reasoning and that of the Fifth Circuit. See Natural Resources Defense Council, supra, 489 F.2d at 401.

In so construing the Act, we have adopted an interpretation asserted neither by petitioner nor respondent here.18 It is our duty, however, to apply the statute in accordance with what we perceive to be the congressional intent underlying the Act. Woods v. Benson Hotel Corp., 177 F.2d 543, 546 (8th Cir. 1949); Miller v. Burger, 161 F.2d 992, 994 (9th Cir. 1947); see FTC v. Texaco, Inc., 393 U.S. 223, 226, 89 S. Ct. 429, 21 L. Ed. 2d 394 (1968); Rachal v. Allen, 376 F.2d 999, 1002-1004 (5th Cir. 1967). Under usual circumstances, we would accord great deference' to the interpretation of the EPA, the administrative agency responsible for enforcing the statute. E.g., Udall v. Tallman, 380 U.S. 1, 16, 85 S. Ct. 792, 13 L. Ed. 2d 616 (1965). But we feel less bound by this principle when the EPA interpretation is, as here, merely an accession to a previous judicial decision. Indeed, the construction we adopt is more in tune with the original EPA interpretation19 that has since been abandoned after the First Circuit's decision in Natural Resources Defense Council, Inc. v. EPA, 478 F.2d 875 (1st Cir. 1973).

The EPA has informed this court that it intends to revoke its approval of the Arizona plan insofar as that plan allows state variance during the First Circuit's 'postattainment' period. The appropriate administrative processes that, if Arizona failed to modify its plan accordingly, would eventually culminate in the EPA's promulgation of a substitute, under 42 U.S.C. 1857c-5(c), have already begun. Our decision here does not foreclose the adoption by the State of Arizona of an implementation plan that forbids the issuance of variances through means other than that prescribed in section 110(f), 42 U.S.C. 1857c-5(f), after that date on which national ambient air standards are to be achieved. The Act expressly authorizes the states to devise implementation plans stricter than required to maintain national air quality standards. 42 U.S.C. 1857d-1. Our interpretation of the Act, however, precludes the EPA's rejection of a state plan which contains a provisions for variances similar to that at issue here and which is enforced in a manner wholly consistent with the policies underlying the federal statute. Additionally, the EPA may not exercise its authority under 42 U.S.C. 1857c-5(c) to promulgate a substitute plan for the State of Arizona that, contrary to the intent expressed in the State statute or implementation plan, proscribes the issuance of 'minor' variances20 under a procedure other than that specified in section 110(f).

Petitioner's final objection to the inclusion within the Arizona plan of a 'conditional permit' or variance provision is the assertion that the procedure would undermine the State's obligation to prevent any interference with national ambient air standards by new and modified sources of pollution. 42 U.S.C. 1857c-5(a)(2)(D), (4). Under petitioner's theory, any conditions, designed to protect national air quality standards, that have been incorporated within a state permit required before a new source is constructed or an existing source is modified may be circumvented by subsequent application for a 'conditional permit.' Since we conclude, however, that any such permits would not be effectual until sanctioned by the EPA, and that the EPA could not approve such a variance-- if such a modification would prevent the attainment or maintenance of a national ambient air standard-- unless the procedural and substantive requirements of section 110(f) were met, this argument is without merit.

The EPA approved the following provision for confidentiality within the Arizona air pollution control statute:

'Any records or other information furnished to or obtained by the director concerning one or more air pollution sources, which records and information relate to production or sales figures or to the processes or production unique to the owner or operator, or which would tend to adversely affect the competitive position of such owner or operator, shall be only for the confidential use of the director in the administration of this chapter, unless such owner or operator shall expressly agree to their publication or availability to the public. No provision of this section shall be construed to prohibit the appropriate governmental agency from publishing quantitative and qualitative statistics pertaining to the emission of pollutants.' Ariz.Rev.Stat. 36-1708, subd. D (West Supp.1973). We believe that the last sentence of this quoted section of the statute clearly and adequately ensures public access to emissions data within the State of Arizona, as required by 42 U.S.C. 1857c-5(a)(2)(F)(iii), (iv). Compare Natural Resources Defense Council, Inc. v. EPA, 494 F.2d 519, 522 (2d Cir. 1974); Natural Resources Defense Council, Inc. v. EPA, 489 F.2d 390, 396-397 (5th Cir. 1974). Petitioners' assertion that the EPA acted inconsistently in approving this element of the Arizona plan, while simultaneously rejecting 'virtually identical' provisions in the Kansas and Kentucky implementation plans, is without merit.21

As with the approval by the EPA of Arizona's statutory scheme regarding new and modified sources of pollution (to be examined infra), the appropriate standard of review in appraising the EPA's sanction of Arizona's confidentiality provision is that contained in 5 U.S.C. 706(2)(A)-(D) and applied in Citizens to Preserve Overton Park, Inc. v. Volpe, 401 U.S. 402, 415-417, 91 S. Ct. 814, 28 L. Ed. 2d 136 (1971). Delaware Citizens for Clean Air, Inc. v. EPA, 480 F.2d 972, 975-976 (3d Cir. 1973); Appalachian Power Co. v. EPA, 477 F.2d 495, 504-507 (4th Cir. 1973). Since we cannot say that the EPA's determination here was 'arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law,' it must be sustained under 5 U.S.C. 706(2)(A).22

Petitioner's final objections to the Arizona implementation plan relate to the procedures intended to regulate in conformity with the Act the construction and modification of new and existing sources of pollution. The Act requires that each state include within its plan a 'review' procedure designed to ensure that any proposed construction or modification of sources will not inhibit the attainment or maintenance of national ambient air standards. 42 U.S.C. 1857c-5(a)(2)(D), (4). The relevant portion of the Arizona statute declares:

'A new industry hereinafter established shall not begin normal operation until it has secured a permit attesting that its operation will not cause pollution in excess of the standards set by the state board of health.' Ariz.Rev. Stat. 36-1700, subd. B (West Supp.1973).

In litigation testing the adequacy of the Iowa implementation plan, the EPA admitted that its approval of a provision23 similar to that quoted above was improper. Natural Resources Defense Counsel, Inc. v. EPA, 483 F.2d 690, 694 (8th Cir. 1973). This confession of error was based upon a recognition of the Iowa plan's failure explicitly to forestall any interference with national air quality standards. Since the Arizona provision seeks to guarantee the operation of new sources consistent only with 'standards set by the state board of health,' it seems subject to the same infirmity as that which caused the invalidation of the applicable provision in the Iowa plan. Accordingly, the EPA's approval of this element of the Arizona plan must be set aside in order to effectuate the 'reasonable' agency decisionmaking required by 5 U.S.C. 706(2)(A). Indeed, the EPA has informed the court that administrative action is currently in progress to revise the Arizona regulations appropriately. We direct the EPA to discharge fully its responsibilities under the Act so as to ensure the development of an Arizona plan that gives proper regard to national air quality standards when considering permits for new and modified sources of pollution. See 42 U.S.C. 1857c-5(a)(2)(D), (4); id. 1857c-5(a)(3), (c)(2)-(3).

Petitioner's argument that Arizona's new-and modified-source regulations do not mandate continuing compliance with the State's 'control strategy,'24 as required by 40 C.F.R. 51.18(d), is without merit. The Arizona statute provides:

'The director shall deny an installation permit or an operating permit if the applicant does not show that every such machine, equipment, incinerator, device or other article . . ., the use of which may cause or contribute to air pollution, . . . is so designed, controlled, or equipped with such air pollution control equipment, that it may be expected to operate without emitting or without causing to be emitted air contaminants in violation of the provisions of this article and the rules and regulations adopted by the (board of health).' Ariz.Rev.Stat. 36-1707.02, subd. A (West supp.1973).25

The operating permits that are to be issued by the Arizona authorities must be renewed annually 'subject to compliance with the rules and regulations and the provisions of (the Arizona statute) . . ..' Ariz.Rev.Stat. 36-1707.01, subd. D. (West Supp.1973). We are satisfied that these provisions, which must be administered in a manner calculated to attain and maintain national ambient air quality standards, amply comport with the requirements of 40 C.F.R. 51.18(d). See Natural Resources Defense Council, Inc. v. EPA, 483 F.2d 690, 695 (8th Cir. 1973).

The EPA is directed to secure the development of an Arizona implementation plan in conformity with the views expressed in this opinion.