[Federal Register Volume 59, Number 51 (Wednesday, March 16, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-5905]
[[Page Unknown]]
[Federal Register: March 16, 1994]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[MN18-1-5906 FRL-4830-3]
Approval and Promulgation, Small Business Stationary Source
Technical and Environmental Compliance Assistance Program for Minnesota
AGENCY: United States Environmental Protection Agency (USEPA).
ACTION: Direct final rule.
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SUMMARY: The USEPA is approving the State Implementation Plan (SIP)
revision submitted by the State of Minnesota for the purpose of
establishing a Small Business Stationary Source Technical and
Environmental Compliance Assistance Program (program). The
implementation plan was submitted by the State to satisfy the mandate
of the Clean Air Act (CAA), to ensure that small businesses have access
to the technical assistance and regulatory information necessary to
comply with the CAA. The rationale for the approval is set forth in
this action; additional information is available at the address
indicated.
DATES: This final rule will be effective May 16, 1994 unless notice is
received by April 15, 1994 that someone wishes to submit adverse or
critical comments. If the effective date is delayed, timely notice will
be published in the Federal Register.
ADDRESSES: Comments can be mailed to William L. MacDowell, Air and
Radiation Division, (AE-17J), U.S. Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604-3509.
Copies of the State's submittal and USEPA's technical support
document are available for inspection during normal business hours at
the following locations: U.S. Environmental Protection Agency (AE-17J),
Region 5, Air Enforcement Branch, 77 West Jackson Boulevard, Chicago,
Illinois 60604-3509, Office of Air and Radiation (OAR), Docket and
Information Center, (Air Docket 6102), Room M1500, U.S. Environmental
Protection Agency, 401 M Street, SW., Washington DC 20460, (202) 260-
7548 and Mr. Leo Raudys, Program Development Section, Air Quality
Division, Minnesota Pollution Control Agency, 520 LaFayette Road, St.
Paul, Minnesota 55155-3898.
FOR FURTHER INFORMATION CONTACT: Anne E. Tenner, U.S. Environmental
Protection Agency (AE-17J), Region 5, Air Enforcement Branch 77 West
Jackson Boulevard, Chicago, Illinois 60604-3509, telephone (312) 353-
3849.
SUPPLEMENTARY INFORMATION:
I. Background
Implementation of the provisions of the Clean Air Act (CAA), as
amended in 1990, will require regulation of many small businesses so
that areas may attain and maintain the National ambient air quality
standards (NAAQS) and reduce the emission of air toxics. Small
businesses frequently lack the technical expertise and financial
resources necessary to evaluate such regulations and to determine the
appropriate mechanisms for compliance. In anticipation of the impact of
these requirements on small businesses, the CAA requires that States
adopt a Small Business Stationary Source Technical and Environmental
Compliance Assistance Program (program), and submit this program as a
revision to the federally approved SIP. In addition, the CAA directs
the United States Environmental Protection (USEPA) to oversee these
small business assistance programs and report to Congress on their
implementation. The requirements for establishing a program are set out
in section 507 of the CAA. In February 1992, USEPA issued ``Guidelines
for the Implementation of Section 507 of the 1990 Clean Air Act
Amendments,'' in order to delineate the Federal and State roles in
meeting the new statutory provisions and as a tool to provide further
guidance to the States on submitting acceptable SIP revisions.
The Minnesota Pollution Control Agency (MPCA), on November 9, 1992,
submitted a SIP revision to USEPA. To gain full approval, the MPCA's
submittal must provide for each of the following program elements: (1)
The establishment of a Small Business Assistance Program (SBAP) to
provide technical and compliance assistance to small businesses; (2)
the establishment of the State Small Business Ombudsman to represent
the interests of small businesses in the regulatory process; and (3)
the creation of a Compliance Advisory Panel (CAP) to determine and
report on the overall effectiveness of the SBAP.
II. Analysis
1. Small Business Assistance Program
The Minnesota legislation charged the Commissioner of the MPCA to
establish a SBAP to provide direct and timely technical assistance to
small businesses. The SBAP plan was submitted to the USEPA as a SIP
revision on November 9, 1992. Full implementation of the SBAP begins in
November 1994. However, elements of the program are being implemented
earlier. For example, the Compliance Advisory Council which is
established by legislation, and has program oversight responsibilities,
held its first meeting in September 1993. An ombudsman was hired in
August 1993, and the SBAP has a total of 3 full-time employees
currently assisting small businesses. The Minnesota Technical
Assistance Program (MnTAP), established in 1984 at the University of
Minnesota, while not yet available for air pollution control purposes,
will provide non-regulatory assistance and act as an information
clearinghouse, on an as needed basis, to help the MPCA to implement the
SBAP. MnTAP will provide technical expertise to the MPCA to implement
the SBAP. MnTAP will provide technical expertise to the MPCA to
evaluate air pollution control regulations and source control
procedures affecting small sources.
Section 507(a) sets forth six requirements1 that States must
meet to have an approvable Small Business Stationary Source Technical
and Environmental Compliance Assistance Program. The first requirement
in the CAA is to establish adequate mechanisms for developing,
collecting and coordinating information concerning compliance methods
and technologies for small business stationary sources, and activities
to encourage lawful cooperation among such sources and other persons to
further compliance with the CAA. The MPCA has met this requirement by
providing that the SBAP, develop and prepare information packets which
describe in layperson's terms the compliance and technical information
relevant to a small business stationary source's obligation under the
Act; identify appropriate information dissemination and outreach
mechanisms, and help to disseminate technical and compliance
information to small businesses.
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\1\A seventh requirement of section 507(a), establishment of an
Ombudsman office, is discussed in the next section.
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The second requirement is to establish adequate mechanisms for
assisting small business stationary sources with pollution prevention
and accidental release detection and prevention, including providing
information concerning alternative tech- nologies, process changes,
products and methods of operation that help reduce air pollution. The
MPCA has met the requirement by requiring the SBAP to identify and
develop needed and appropriate printed resources to provide information
on pollution prevention opportunities for specific small business
source categories or processes which have proposed standards; and
identify appropriate mechanisms to disseminate the above information to
small businesses, including news letters, trade associations, Small
Business Development Centers, Chambers of Commerce, pollution
prevention conference, and cooperative extension. The SBAP has planned
workshops scheduled for early 1994, as one of the mechanisms for
informing small businesses of the need for pollution prevention and
emissions control.
The third requirement is to develop a compliance assistance
program, for small business stationary sources, which assists small
businesses in determining applicable requirements and in receiving
permits in a timely and efficient manner. The MPCA's SBAP plan includes
a procedure to refer businesses to appropriate air quality staff for
cases of rule identification, understanding, interpretation, permit
needs, and permit procedures; and provides a procedure to require the
MPCA staff to assist the SBAP with emission control or emission
prevention information needed by small businesses.
The fourth requirement is to develop adequate mechanisms to assure
that small business stationary sources receive notice of their rights
under the Act in such manner and form as to assure reasonably adequate
time for such sources to evaluate compliance methods and any relevant
or applicable proposed or final regulation or standard. The Minnesota
SBAP plan is designed to meet this requirement by providing direct
access of the small business owner or operator with the SBAP staff and
making available information applicable to control technologies and
legal rights. The plan includes opportunities for small businesses to
attend workshops focused on selected source categories, and will
include pre-printed source material and forms to optimize the technical
and compliance assistance services provided by the SBAP staff.
The fifth requirement is to develop adequate mechanisms for
informing small business stationary sources of their obligations under
the Act, including mechanisms for referring such sources to qualified
auditors or, at the option of the State, for providing audits of the
operations of such sources to determine compliance with the Act. The
MPCA SIP meets this requirement by: holding information workshops
requiring the SBAP to develop and maintain a list of qualified
auditors, based upon criteria established by the SBAP in coordination
with MPCA Air Quality Division technical staff and MnTAP.
The sixth requirement is to develop procedures for consideration of
requests for a small business stationary source for modification of any
work practice or technological method of compliance, or the schedule of
milestones for implementing such work practice or method of compliance
preceding any applicable compliance date, based on the technological
and financial capability of any such small business stationary source.
The MPCA addresses this requirement by committing the SBAP to develop
administrative procedures, by November 15, 1994, to handle requests of
this nature. Existing Minnesota statutes require the MPCA, when
proposing rules which may affect small businesses, to consider the
following methods for reducing the impact on small businesses: the
establishment of performance standards required in the rule, and
exempting small businesses from any or all requirements of the State
rule. The USEPA believes this responds to the spirit of the guidance
yet any such streamlining of existing rules or development of new rules
affecting compliance to avoid unreasonable burden on small businesses
will be required to go through the public processes. An adequate
opportunity will exist for comment by the public and by USEPA.
2. Ombudsman
Section 507(a)(3) requires the designation of a State office to
serve as the Ombudsman for small business stationary sources. The
Minnesota legislation: requires the MPCA Commissioner to appoint an
ombudsman, specifies the duties of the office, insures independence of
action, and details the candidates qualifications. In this case, the
Commissioner, MPCA, placed the ombudsman in the Environmental Analysis
Office (EAO) of the MPCA. The MPCA SIP states that the ombudsman, hired
in August 1993, has authority, under section 8, subdivision (3) of the
Small Business Air Quality Compliance Assistance Act, to act
independently of the MPCA. The EAO is responsible for implementing the
Minnesota Environmental Review Program (MERP). The function of MERP is
to avoid and minimize damage to Minnesota's environmental resources
caused by public and private development by requiring that proposed
actions which have the potential for significant environmental effects
undergo special review procedures in addition to any other required
approvals and permits. The USEPA believes that the ombudsman has
sufficient authority, and is adequately located for technical and
program support purposes, to monitor the small business stationary
source technical and environmental compliance assistance program.
3. Compliance Advisory Panel
Section 507(e) requires the State to establish a Compliance
Advisory Panel (CAP) that must include two members selected by the
Governor who are not owners or representatives of owners of small
businesses; four members selected by the State legislature who are
owners, or represent owners, of small businesses; and one member
selected by the head of the agency in charge of the Air Pollution
Permit Program. The Minnesota legislation is consistent with these
guidelines and satisfies the requirement by establishing the Minnesota
Small Business Air Quality Compliance Assistance Advisory Council,
referred to in the plan as the Compliance Advisory Council. The
requirements for the council are listed in the State legislation of
April 29, 1992. The legislature however, increased the membership of
the Council by requiring the participation of two additional state
agencies: the Director of the Minnesota Office of Waste Management or
the Director's designee, and the Commissioner of Department of Trade
and Economic Development or the Commissioner's designee. The
legislature's action to increase the size of the Council is considered
to be within the scope of the CAA and is satisfactory to the USEPA
because the CAA requires the size of the CAP to be not less than 7
individuals, specifying the minimum number rather than the maximum.
In addition to establishing the minimum membership of the CAP, the
CAA delineates four responsibilities of the Panel: (1) To render
advisory opinions concerning the effectiveness of the SBAP,
difficulties encountered and the degree and severity of enforcement
actions; (2) to periodically report to USEPA concerning the SBAP's
adherence to the principles of the Paperwork Reduction Act, the Equal
Access to Justice Act, and the Regulatory Flexibility Act2; (3) to
review and assure that information for small business stationary
sources is easily understandable; and (4) to develop and disseminate
the reports and advisory opinions made through the SBAP. The Minnesota
legislation and plan charge the council with carrying out all but the
last of these responsibilities. The last of these responsibilities is
found in the plan as a responsibility of the SBAP program staff to
carry out. Since the SBAP staff will be supervised by the ombudsman,
the USEPA believes this is sufficient to satisfy this requirement.
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\2\Section 507(e)(1)(B) requires the CAP to report on the
compliance of the SBAP with these three Federal statutes. However,
since State agencies are not required to comply with them, USEPA
believes that the State program must merely require the CAP to
report on whether the SBAP is adhering to the general principles of
these Federal statutes.
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4. Eligibility
Section 507(c)(1) of the CAA defines the term ``small business
stationary source'' as a stationary source that:
(A) Is owned or operated by a person who employs 100 or fewer
individuals,
(B) Is a small business concern as defined in the Small Business
Act;
(C) Is not major stationary source;
(D) Does not emit 50 tons per year (tpy) or more of any regulated
pollutant; and
(E) Emits less than 75 tpy of all regulated pollutants.
The State of Minnesota has established a mechanism in the SBAP plan
for ascertaining the eligibility of a source to receive assistance
under the program, including an evaluation of a source's eligibility
using the criteria in section 507(c)(1) of the CAA. The USEPA believes
this mechanism, which includes the criteria noted above, corresponds
with the Acts' requirements and the Agency's guidelines.
The State of Minnesota has provided for public notice and comment
on grants of eligibility to sources that do not meet the provisions of
sections 507(c)(1)(C), (D), and (E) of the CAA but do not emit more
than 100 tpy of all regulated pollutants.
The State of Minnesota has provided for exclusion from the small
business stationary source definition, after consultation with the
USEPA and the Small Business Administration Administrator and after
providing notice and opportunity for public comment, of any category or
subcategory of sources that the State determines to have sufficient
technical and financial capabilities to meet the requirements of the
CAA.
III. The USEPA's Action
In this action, USEPA is approving in final the SIP revision
submitted by the State of Minnesota. The State of Minnesota has
submitted a SIP revision implementing each of the program elements
required by section 507 of the CAA. For each of the three essential
elements of the Program: the Small Business Assistance Program, the
element is currently operational or the State has submitted a schedule
for that element indicating implementation by November 15, 1994. The
USEPA is therefore approving this submittal. This action has been
classified as a Table 2 Action by the Regional Administrator under the
procedures published in the Federal Register on January 19, 1989 (54 FR
2214-2225). On January 6, 1989 the Office of Management and Budget
(OMB) waived Table 2 and 3 SIP revisions (54 FR 2222) from the
requirement of section 6 of Executive Order 12866 for a period of two
years. USEPA has submitted a request for a permanent waiver for Table 2
and Table 3 SIP revisions. The OMB has agreed to continue the waiver
until such time as it rules on USEPA's request.
Because USEPA considers this action noncontroversial and routine,
we are approving it without proposal. The action will become effective
on May 16, 1994. However, if the USEPA receives notice April 15, 1994
that someone wishes to submit substantive and critical comments, then
USEPA will publish: (1) A document that withdraws this action; and (2)
a document that begins a new rulemaking by proposing the action and
establishing a comment period.
Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., USEPA
must prepare a regulatory flexibility analysis assessing the impact of
any proposed or final rule on small entities. 5 U.S.C. 603 and 604.
Alternatively, USEPA may certify that the rule will not have a
significant impact on a substantial number of small entities. Small
entities include small businesses, small not-for-profit enterprises,
and government entities with jurisdiction over populations of less than
50,000.
By this action, USEPA is approving in final a State program created
for the purpose of assisting small businesses in complying with
existing statutory and regulatory requirements. The program being
approved does not impose any new regulatory burden on small businesses;
it is a program under which small businesses may elect to take
advantage of assistance provided by the State. Therefore, because the
USEPA's approval of this program does not impose any new regulatory
requirements on small businesses, I certify that it does not have a
significant economic impact on any small entities affected.
List of Subjects in 40 CFR part 52
Environmental protection, Air pollution control, Incorporation by
reference, Small business assistance program.
Dated: January 14, 1994.
William E. Muno,
Acting Regional Administrator.
Part 52, chapter I, title 40 of the Code of Federal Regulations is
amended as follows:
PART 52--[AMENDED]
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
Subpart Y--[Amended]
2. Section 52.1220 is amended by adding paragraph (c)(28) to read
as follows:
Sec. 52.1220 Identification of plan.
* * * * *
(c) * * *
(28) On November 9, 1992, the State of Minnesota submitted the
Small Business Stationary Source Technical and Environmental Compliance
Assistance plan. This submittal satisfies the requirements of section
507 of the Clean Air Act, as amended.
(i) Incorporation by reference.
(A) Minnesota Laws Chapter 546, sections 5 through 9 enacted by the
Legislature, and signed into Law on April 29, 1992.
* * * * *
[FR Doc. 94-5907 Filed 3-15-94; 8:45 am]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[IN36-1-6182; FRL-4849-3]
Approval and Promulgation of a State Implementation Plan for
Photochemical Assessment Monitoring; Indiana
AGENCY: Environmental Protection Agency.
ACTION: Final rule.
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SUMMARY: The United States Environmental Protection Agency (USEPA) is
approving a revision to the Indiana State Implementation Plan (SIP) for
ozone. USEPA's action is based upon a revision request which was
submitted by the State to satisfy the requirements for enhanced ozone
monitoring in the Clean Air Act (Act) and regulations promulgated
pursuant to the Act. These regulations require the State to provide for
the establishment and maintenance of an enhanced ambient air quality
monitoring network in the form of photochemical assessment monitoring
stations (PAMS) by November 12, 1993.
DATES: This final rule will be effective May 16, 1994 unless notice is
received by April 15, 1994 that someone wishes to submit adverse
comments. If the effective date is delayed, timely notice will be
published in the Federal Register.
ADDRESSES: Copies of the SIP revision and USEPA's analysis are
available for inspection at the following address: (It is recommended
that you telephone Mark Palermo at (312) 886-6082, before visiting the
Region 5 Office.) US Environmental Protection Agency, Region 5, Air and
Radiation Division, 77 West Jackson Boulevard, Chicago, Illinois 60604.
Written comments should be sent to: J. Elmer Bortzer, Chief,
Regulation Development Section, Regulation Development Branch (AR-18J),
U.S. Environmental Protection Agency, 77 West Jackson Boulevard,
Chicago, Illinois 60604.
FOR FURTHER INFORMATION CONTACT: Mark Palermo, Regulation Development
Section (AR-18J), Regulation Development Branch, U.S. Environmental
Protection Agency, Region 5, Chicago, Illinois, 60604, (312) 886-6082.
SUPPLEMENTARY INFORMATION:
I. Background
Section 182(c)(1) of the Act, as amended in 1990, requires that the
USEPA promulgate rules for enhanced monitoring of ozone, oxides of
nitrogen (NOx), and volatile organic compounds (VOC) no later than
18 months after the date of the enactment of the 1990 Amendments. In
addition, the Act requires that following the promulgation of the rules
relating to enhanced ambient monitoring, the State must commence
actions to adopt and implement a program based on these rules,
including a revision to each SIP affecting areas classified serious and
above for ozone. See also the April 16, 1992 General Preamble for the
Implementation of Title I of the Clean Air Act Amendments of 1990
(General Preamble), 57 FR 13498, 13515.
On February 12, 1993, USEPA promulgated regulations providing for
the establishment and maintenance of the PAMS program (58 FR 8452).
Section 58.40(a) of 40 CFR part 58 requires the State to submit a
photochemical assessment monitoring network description, including a
schedule for implementation, to the Administrator within 6 months after
promulgation, or by August 12, 1993. Further, Sec. 58.20(f) requires
the State to provide for the establishment and maintenance of a PAMS
network within 9 months after promulgation of the final rule or
November 12, 1993.
On August 12, 1993 the Lake Michigan Air Directors Consortium
submitted a regional PAMS network description, including a schedule for
implementation, under the signature of the State Air Directors for the
four States of Illinois, Indiana, Michigan and Wisconsin (the States).
This submittal is currently being reviewed by the USEPA and is intended
to satisfy the requirements of Sec. 58.40(a).
On November 15, 1993 Indiana submitted to the USEPA a revision to
the Indiana ozone SIP providing for the establishment and maintenance
of the PAMS network and requested its approval. A letter finding the
submittal complete was sent to the State on January 19, 1994. The
November 15, 1993, Indiana PAMS SIP revision request is intended to
meet the requirements of Section 182(c)(1) of the Act and effect
compliance with 40 CFR part 58 by implementing the rules for PAMS. The
Indiana Department of Environmental Management (IDEM) held a public
hearing on the Indiana PAMS SIP revision request on December 14, 1993.
IDEM submitted the transcript of the hearing on January 19, 1994.
II. Analysis of State Submittal
The November 15, 1993 Indiana PAMS SIP revision request would
incorporate PAMS into the ambient air quality monitoring network of
State and Local Ambient Monitoring Stations/National Ambient Monitoring
Stations (SLAMS/NAMS). The State will establish and maintain PAMS as
part of the overall ambient air quality monitoring network.
The criteria used to review the Indiana PAMS SIP revision request
are derived from section 182 (c)(1) of the Act, 40 CFR part 58 (as
promulgated on February 12, 1993 (58 FR 8452)), the Guideline for the
Implementation of the Ambient Air Monitoring Regulations 40 CFR Part 58
(EPA-450/4-78-038, OAQPS, November 1979), the September 2, 1993
memorandum from G.T. Helmes of the U.S. EPA, Office of Air Quality
Planning and Standards (OAQPS), entitled Final Boilerplate Language for
the PAMS SIP Submittal, and the April 16, 1992 General Preamble.
The regional PAMS network submitted by the States on August 12,
1993 is currently being reviewed by USEPA. A joint network description
and implementation schedule is permitted and encouraged by 40 CFR
58.40(a)(3) for States where a State's PAMS network requires monitoring
stations in different States and/or Regions.
Since network descriptions may change annually, they are not part
of the SIP, as recommended by the Guideline for the Implementation of
the Ambient Air Monitoring Regulations 40 CFR 58. However, the network
description is negotiated and approved during the annual review via the
grant process under section 105 of the Act, as required by 40 CFR
58.20(d), 58.25, 58.36 and 58.46.
The November 15, 1993 submittal would incorporate PAMS into the
overall ambient air quality monitoring network. It would provide
Indiana with the authority to establish and operate the PAMS sites,
secure funds for PAMS and provide the USEPA with authority to enforce
the implementation of PAMS (under the section 105 grant process), since
their implementation is required by the Act.
The September 2, 1993 memorandum from OAQPS entitled Final
Boilerplate Language for the PAMS SIP Submittal provides that the PAMS
SIP revision request, at a minimum, should provide for the monitoring
of criteria and non-criteria pollutants, as well as meteorological
parameters; provide that a copy of the approved (or proposed) PAMS
network description, including the phase-in schedule, be made available
for public inspection during the public notice and/or comment period
for the SIP revision request or, alternatively, provide that, on
request, information concerning the State's plans for implementing the
rules be made publicly available; make reference to the fact that PAMS
will become a part of the State and local air monitoring stations
(SLAMS) network; and, allow for sampling via methods approved by USEPA
which are not Federal Reference Methods or equivalent.
The Indiana PAMS SIP revision request provides that the network
will measure ambient levels of ozone, NOx, speciated VOC,
including hydrocarbons and carbonyls and meteorological data. During
the public comment period and hearing, Indiana provided a copy of the
proposed alternative regional PAMS network description, including a
schedule, to the public. The Indiana PAMS SIP revision request provides
that each station in the air quality surveillance network provided for
and described in the network description will be termed a SLAMS.
Finally, the Indiana PAMS SIP revision request provides that the
methods used in PAMS will meet the criteria established by 40 CFR
58.41, the quality assurance requirements as contained in 40 CFR part
58, appendix A, and the monitoring methodology requirements contained
in appendix C.
III. Final Rulemaking Action
The USEPA approves the Indiana rule revision for PAMS as part of
the Indiana SIP for ozone.
Because USEPA considers this action noncontroversial and routine,
we are approving it without prior proposal. The action will become
effective on May 16, 1994. However, if we receive notice by April 15,
1994 that someone wishes to submit adverse comments, then USEPA will
publish: (1) A document that withdraws the action; and (2) a document
that begins a new rulemaking by proposing the action and establishing a
comment period. This action has been classified as a Table 3 action by
the Regional Administrator under the procedures published in the
Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by
an October 4, 1993, memorandum from Michael H. Shapiro, Acting
Assistant Administrator for Air and Radiation. A future document will
inform the general public of these tables. Under the revised tables
this action remains classified as a Table 3. On January 6, 1989, the
Office of Management and Budget (OMB) waived Table 2 and Table 3 SIP
revisions (54 FR 2222) from the requirements of section 3 of Executive
Order 12291 for 2 years. The USEPA has submitted a request for a
permanent waiver for Table 2 and Table 3 SIP revisions. The OMB has
agreed to continue the waiver until such time as it rules on EPA's
request. This request continues in effect under Executive Order 12866
which superseded Executive Order 12291 On September 30, 1993.
Nothing in this action should be construed as permitting, allowing
or establishing a precedent for any future request for revision to any
SIP. The USEPA shall consider each request for revision to the SIP in
light of specific technical, economic, and environmental factors and in
relation to relevant statutory and regulatory requirements.
Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., USEPA
must prepare a regulatory flexibility analysis assessing the impact of
any proposed or final rule on small entities. (5 U.S.C. 603 and 604.)
Alternatively, USEPA may certify that the rule will not have a
significant impact on a substantial number of small entities. Small
entities include small businesses, small not-for-profit enterprises,
and government entities with jurisdiction over populations of less than
50,000. This SIP approval involves a monitoring network that will be
operated by the IDEM and does not impose any new regulatory
requirements on small businesses. Therefore, I certify that it does not
have a significant economic impact on any small entities.
Under section 307(b)(1) of the Act, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by May 16, 1994. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this rule for the purposes of judicial review nor does
it extend the time within which a petition for judicial review may be
filed, and shall not postpone the effectiveness of such rule or action.
This action may not be challenged later in proceedings to enforce its
requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Hydrocarbons,
Nitrogen dioxide, Ozone, Volatile organic compounds.
Dated: March 1, 1994.
Valdas V. Adamkus,
Regional Administrator.
Part 52, chapter I, title 40 of the Code of Federal Regulations is
amended as follows:
PART 52--[AMENDED]
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
Subpart P--Indiana
2. Section 52.777 is amended by adding paragraph (e) to read as
follows:
Sec. 52.777 Control strategy: Photochemical oxidants (hydrocarbons).
* * * * *
(e) Approval--The Administrator approves the incorporation of the
photochemical assessment ambient monitoring system submitted by Indiana
on November 15, 1993 into the Indiana State Implementation Plan. This
submittal satisfies 40 CFR 58.20(f), which requires the State to
provide for the establishment and maintenance of photochemical
assessment monitoring stations (PAMS) by November 12, 1993.
[FR Doc. 94-5905 Filed 3-15-94; 8:45 am]
BILLING CODE 6560-50-F
