[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]
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