[Federal Register Volume 59, Number 120 (Thursday, June 23, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-15264]


[[Page Unknown]]

[Federal Register: June 23, 1994]


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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52

[LA-7-1-5728a; FRL-4999-9]

 

Clean Air Act Approval and Promulgation of Title V, Section 507, 
Small Business Stationary Source Technical and Environmental Compliance 
Assistance Program for Louisiana

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The EPA is approving the State Implementation Plan (SIP) 
revision submitted by the State of Louisiana for the purpose of 
establishing a Small Business Stationary Source Technical and 
Environmental Compliance Assistance Program. The SIP revision was 
submitted by the State to satisfy the Federal mandate, found in 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 
document; additional information is available at the address indicated 
in the Addresses section.
DATES: This final rule will become effective on August 22, 1994, unless 
adverse or critical comments are received by July 25, 1994. If the 
effective date is delayed, timely notice will be published in the 
Federal Register.

ADDRESSES: Written comments on this action should be addressed to Mr. 
Thomas Diggs, Chief (6T-AP), Planning Section, at the EPA Regional 
Office listed below. Copies of the documents relevant to this action 
are available for public inspection during normal business hours at the 
following locations. The interested persons wanting to examine these 
documents should make an appointment with the appropriate office at 
least 24 hours before the visiting day.
    U.S. Environmental Protection Agency, Region 6, Air Programs Branch 
(6T-AP), 1445 Ross Avenue, suite 700, Dallas, Texas 75202-2733.
    Air and Radiation Docket and Information Center, U.S. Environmental 
Protection Agency, 401 M Street, SW., Washington, DC 20460.
    Louisiana Department of Environmental Quality, Air Quality 
Division, 7290 Bluebonnet Blvd., Baton Rouge, Louisiana 70810.

FOR FURTHER INFORMATION CONTACT: Dr. John Crocker, Planning Section 
(6T-AP), Air Programs Branch, U.S. Environmental Protection Agency, 
Region 6, 1445 Ross Avenue, Dallas, Texas 75202-2733, Telephone (214) 
655-7596.

SUPPLEMENTARY INFORMATION:

I. Background

    Implementation of the provisions of the 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 emissions 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 EPA 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 title V of the CAA. In February 1992, the EPA 
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 State of Louisiana submitted a SIP revision to the EPA in order 
to satisfy the requirements of section 507. In order to gain full 
approval, the State submittal must provide for each of the following 
three 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 a 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.
    The Region used section 507 of the CAA, and considered the ``SIP 
Revision Approval Checklist for Section 507 Small Business Assistance 
Program'' when reviewing the State submittal for approvability. The SIP 
revision, discussed in detail in the Technical Support Document, is 
briefly outlined below.

II. Analysis

A. Procedural Background

    The State of Louisiana has met all of the requirements of section 
507 by submitting a SIP revision that implements all required PROGRAM 
elements. Enrolled House Bill No. 1319 (Louisiana Act 1037), signed 
into law on July 13, 1992, enacted Louisiana Revised Statutes (R.S.) 
30:2061 and 2062 and R.S. 36:239(H), which provides authority for 
Louisiana to establish a PROGRAM (SIP appendix IX). In addition, 
Louisiana R.S. 30:2060N.(6) provides additional authority to establish 
a SBAP (SIP appendix VIII). The Louisiana Small Business Ombudsman is 
located within the Governor's Office, while the SBAP and the Compliance 
Advisory Panel are the responsibility of the Louisiana Department of 
Environmental Quality (LDEQ).
    The State held a public hearing August 24 and September 25, 1992, 
to consider public comments on the proposed PROGRAM, which will amend 
the Louisiana SIP to add a revision entitled, ``Clean Air Act 
Amendments of 1990, Section 507, Small Business Stationary Source 
Technical and Environmental Compliance Assistance''. The proposed SIP 
revision was formally adopted October 22, 1992, by the Secretary of the 
Louisiana Department of Environmental Quality. The Louisiana PROGRAM 
was submitted to the EPA by the Governor of Louisiana on October 22, 
1992 (received November 16, 1992) as a revision to the Louisiana SIP. 
It was initially reviewed for completeness, and was determined complete 
on January 15, 1993. The submittal was then reviewed for approvability 
by EPA Region 6 and EPA headquarters.

B. Plan Requirements

1. Small Business Assistance Program
    a. The first PROGRAM element is the establishment of a SBAP to 
provide technical and compliance assistance to small businesses. 
Section 507(a) sets forth six requirements1 that the State must 
meet to have an approvable SBAP. The first requirement is to establish 
adequate mechanisms for developing, collecting and coordinating 
information concerning compliance methods and technologies for small 
business stationary sources, and programs to encourage lawful 
cooperation among such sources and other persons to further compliance 
with the Act.
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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 technologies, process changes, 
products and methods of operation that help reduce air pollution.
    The third requirement is to develop a compliance and technical 
assistance program for small business stationary sources which assists 
small businesses in determining applicable requirements and in 
receiving permits under the Act in a timely and efficient manner.
    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 standards issued under 
the Act.
    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 sixth requirement is to develop procedures for consideration of 
requests from a small business stationary source for modification of: 
(A) Any work practice or technological method of compliance; or (B) 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.
    b. The State has met the first PROGRAM element by committing in its 
narrative SIP revision (SIP appendix VII), under subsections addressing 
``Legal Authority: (1) SBAP Core'' and ``Program Analysis: A. Technical 
& Compliance Assistance Core'', to establish a SBAP section in the 
LDEQ, Air Quality Division (AQD). (Details are presented in EPA's 
Technical Support Document and the State's submittal.) The SBAP core 
portion of the PROGRAM will be staffed with 12 positions. A budget 
request for the section was submitted in early 1992 with approval by 
the Louisiana legislature provided in July 1992. Funding for the 
PROGRAM will be fee based as allowed for under title V of the CAA. The 
LDEQ Secretary may reduce any fee required for this PROGRAM in 
accordance with provisions established by the Louisiana Administrative 
Code, Chapter 65, Rules and Regulations for the Fee System of the Air 
Quality Control Programs. Hiring of all staff positions to support the 
Louisiana SBAP began on October 3, 1992, and was completed early in 
January 1993. Most of the assistance provided to small businesses will 
be managed by this group of staff members with assistance and input 
from the Small Business Ombudsman.
     The SBAP Core staff will coordinate with the AQD information 
resource center and the Ombudsman to deliver lectures/workshops 
throughout Louisiana to announce, disseminate and demonstrate pertinent 
information resources to eligible businesses, trade associations or 
other industry groups and to inform them of small business operator's 
rights and obligations under the Act. The information resource center 
is an established section which is well developed and is presently 
providing information assistance to the AQD staff and the public. The 
staff will provide for expedited procedures for responding to small 
business stationary source requests for assistance relative to 
compliance and permitting. Demonstrations will be provided on available 
technical computer software, CD-ROM products, and the use of the EPA 
Technology Transfer Network. Workshops will include guest lecturers 
from EPA, university small business programs, other AQD programs, LDEQ 
divisions and other pertinent areas.
    The staff will publish a newsletter (at least quarterly) to 
disseminate technical guidance information (including methods of 
pollution prevention and accidental release detection and prevention), 
make announcements on matters such as pending regulations, and provide 
for notification of the rights of small business under the CAA and 
Louisiana Environmental Quality Act (LEQA). The newsletter will also 
provide bibliographies and fact sheets of information resources 
including where and how resources may be obtained. As part of this 
effort, a hot line telephone number will be published within the 
newsletter to allow for quick access to such information.
    The AQD SBAP Core staff will have members available to conduct 
periodic audits of small business facilities requesting compliance 
assistance and to provide assistance to small businesses on pollution 
prevention and accidental release detection and prevention, including 
providing information concerning alternative technologies, process 
changes, products and methods of operation that help reduce air 
pollution. The audits will also allow for requests to be made from 
small businesses for modifications to any work practice or compliance 
methods and schedules. Such requests, whether made during audits or 
otherwise, shall be reviewed by the AQD SBAP Core staff in consultation 
with the AQD permit and enforcement sections. A reply to a specific 
request shall be provided within 90 days of receipt of the request. 
Consideration will be given to requests dependent upon the 
technological and financial capability of the small business stationary 
sources making the requests. No modification may be granted unless it 
is in compliance with the requirements of the CAA and the LEQA. Where 
such applicable requirements are set forth in Federal regulations, only 
modifications authorized in such regulations may be allowed.
    Staff will be domiciled within specific regions of the State to 
provide for maximum coverage of affected facilities. The LDEQ is also 
making efforts to establish a Waste Reduction and Technology Transfer 
Program (WRATT) similar to one now established in Alabama. This WRATT 
program would allow for small businesses to request audits from retired 
engineers working to identify environmental problems and solutions 
without fear of enforcement.
    The SIP revision Appendix VII subsection entitled ``Program 
Analysis: A. Technical & Compliance Assistance Core'' describes the 
details of the SBAP, which meet the six requirements set forth in 
section 507(a), and stated above.
2. Ombudsman
    a. The second PROGRAM element is the establishment of a State Small 
Business Ombudsman to represent the interests of small businesses in 
the regulatory process. Section 507(a)(3) requires the designation of a 
State office to serve as the Ombudsman for small business stationary 
sources.
    b. The State has met this requirement by establishing in February 
1992, via Executive Order No. EWE 92-4 (SIP appendix I), an Office of 
Permits within the Executive Department, Office of the Governor, and 
designating the Governor's Office of Permits as the State office to 
serve as Ombudsman for the PROGRAM, as stated in a letter dated 
February 20, 1992, from the Governor to the LDEQ Secretary (SIP 
appendix II). Thus, the Ombudsman's Office is separate from the air 
quality regulatory branch of the State agency, and therefore can be an 
independent advocate for small businesses. The office is currently 
staffed and operational, and has been since August 1992. The 
Coordinator of the Office of Permits, is responsible for administering 
the Ombudsman element of this PROGRAM. A ``Memorandum of Understanding 
Between the Governor's Office of Permits and the LDEQ'' (SIP appendix 
III) was signed by both agencies on April 7, 1992. It provides further 
legal authority for establishment of the Small Business Ombudsman. The 
Small Business Ombudsman element of the PROGRAM is authorized by these 
provisions of Louisiana law.
    It shall be the responsibility of the Governor's Office of Permits 
(Ombudsman) to monitor the PROGRAM. The Office shall:

    (A) By virtue of designation of the Governor on February 20, 1992, 
as requested by LDEQ, serve as Ombudsman for small businesses in 
accordance with the Federal mandate of section 507 of the 1990 CAA; and
    (B) Serve on LDEQ's Small Business Assistance Task Force and work 
with LDEQ to develop programs and provide assistance to small 
businesses in all areas, as necessary.
    Sufficient resources will be provided to the State Ombuds-man's 
Office to enable it to discharge its responsibilities effectively. 
Provisions have been made to provide the Ombudsman with direct access 
to the government agencies and officials necessary to ensure that the 
concerns of small businesses will be heard. Further, the Ombudsman is 
vested with sufficient authority to identify and propose solutions to 
small business problems as they relate to the implementation of the 
CAA. The narrative SIP revision (appendix VII) subsections entitled 
``Legal
    Authority: (2) Small Business Ombudsman'' and ``Program Analysis: 
B. Small Business Ombudsman'' describe additional details of the 
Ombudsman element of the PROGRAM.
3. Compliance Advisory Panel (CAP)
    a. The third PROGRAM element is the creation of a CAP to determine 
and report on the overall effectiveness of the SBAP. Section 507(e) 
requires the State to establish a 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. Selection by the legislature is one member 
each by the majority and minority leadership of the House and Senate.
    b. The State has met this requirement by committing to appoint 
members to the Panel by November 1994. In order to establish this 
PROGRAM element, House Bill 1319 was introduced during the Louisiana 
1992 legislative session. The bill became Louisiana Act 1037 and was 
approved by the Governor on July 13, 1992. Act 1037 creates the State 
Compliance Advisory Panel with responsibilities consistent with the 
requirements in title V of the Federal CAA and specifies the panel's 
make-up, qualifications, terms, and duties. Adequate support sources 
and sufficient resources to conduct business will be provided to the 
Panel by the LDEQ. Pursuant to Act 1037, the CAP shall be a function 
and responsibility of the LDEQ. Act 1037 allows for a panel of eight 
members to be selected. The eighth member, the Secretary of the 
Louisiana Department of Economic Development, ex officio, shall serve 
in a nonvoting capacity.
    Although section 507 of the CAA requires selection by the majority 
and minority leadership of the House and Senate, EPA believes that, 
given the makeup of the State's legislature, as required by the State's 
constitution, Louisiana's selection complies with section 507 of the 
CAA. Louisiana has a bicameral legislature. There are constitutional 
provisions providing for leadership of the Senate and House in the 
Office of the President of the Senate and in the Office of the Speaker 
of the House. However, there are no positions in the Louisiana 
legislature which equate to majority and minority leaders, as in the 
National Congress. In accordance with section 507(e) of the Federal 
CAA, Act 1037 (i.e., La. R.S. 30:2062 C.) of the 1992 Louisiana 
Legislature provides for the composition of the CAP. Pursuant to La. 
R.S. 30:2062 C.(3) and (4), both the President of the Senate and the 
Speaker of the House, who are the equivalent Louisiana entities for 
purposes of legislative selection of CAP members, shall each select two 
members. It is EPA's position that this appointment mechanism complies 
with the legislative intent of section 507(e). Appendix X of the SIP 
revision submittal more fully presents the Louisiana position with 
regard to the composition of the CAP. Appendix X contains a letter of 
explanation and justification to the EPA Regional Administrator, Region 
6, dated October 22, 1992 from Mr. James B. Thompson, III, Assistant 
Secretary for Legal Affairs and Enforcement, LDEQ. The legal opinion 
letter provides the necessary legal discussion showing the 
constitutional/statutory legislative process for appointment 
procedures. EPA has reviewed this letter and believes that the process 
for designation of CAP members by the legislature meets the intent of 
section 507(e).
    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 EPA 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.
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    \2\Section 507(e)(1)(B) of the CAA 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, 
EPA 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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    The State has met these requirements:

    (A) By enacting the State law creating the CAP and providing it 
with the enumerated responsibilities; and
    (B) By committing to appoint members to the Panel by November 1994.
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 a 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 Louisiana has established a mechanism 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. This mechanism is described in the 
State's narrative SIP revision, subsection ``Program Analysis: A. 
Technical & Compliance Assistance Core''.
    The State of Louisiana 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 has also provided for exclusion from the small business 
stationary source definition, after consultation with the EPA and the 
Small Business Administration Administrator and after providing notice 
and opportunity for public hearing, 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. Final Action

    In this action, the EPA is approving the SIP revision submitted by 
the State of Louisiana for establishing a Small Business Stationary 
Source Technical and Environmental Compliance Assistance Program.
    The State of Louisiana has submitted a SIP revision for 
establishing each of the required PROGRAM elements required by section 
507 of the CAA. The EPA has reviewed this revision to the Louisiana SIP 
and is approving it as submitted because the State's PROGRAM meets the 
requirements of section 507 of the CAA. The SIP includes a schedule of 
implementation which commits the State to have all three principal 
PROGRAM elements fully implemented by November 15, 1994. SIP schedule 
implementation milestones were tracked and monitored by the Region as 
part of the State's normal PROGRAM review. Currently, Louisiana has 
staffed and initiated the SBAP, designated and fully staffed the State 
Office to serve as Small Business Ombudsman, and created a CAP (and 
appointed all of its members). The CAP's initial meeting was held 
October 25, 1993, and the meetings are held at least quarterly. The 
State has submitted a letter to EPA certifying that the entire PROGRAM 
was fully operational as of November 1, 1993. The State has implemented 
a model program well ahead of the EPA deadline of November 15, 1994 to 
have a fully operational program.
    The EPA is publishing this action without prior proposal because 
the Agency views this as a noncontroversial amendment and anticipates 
no adverse comments. However, in a separate document in this Federal 
Register publication, the EPA is proposing to approve the SIP revision 
should adverse or critical comments be filed. Thus, today's direct 
final action will be effective August 22, 1994, unless, by July 25, 
1994, adverse or critical comments are received.
    If the EPA receives such comments, this action will be withdrawn 
before the effective date by publishing a subsequent document that will 
withdraw the final action. All public comments received will then be 
addressed in a subsequent final rule based on this action serving as a 
proposed rule. The EPA will not institute a second comment period on 
this action. Any parties interested in commenting on this action should 
do so at this time. If no such comments are received, the public is 
advised that this action will be effective July 25, 1994.
    The EPA has reviewed this request for revision of the federally-
approved SIP for conformance with the provisions of the 1990 Clean Air 
Act Amendments enacted on November 15, 1990. The EPA has determined 
that this action conforms with those requirements.
    Nothing in this action should be construed as permitting or 
allowing or establishing a precedent for any future request for 
revision to any SIP. Each request for revision to the SIP shall be 
considered separately 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., EPA 
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, EPA 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, the EPA is approving a State program created for 
the purpose of assisting small businesses in complying with existing 
statutory and regulatory requirements. The program being approved in 
this action 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 EPA'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.

    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), 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. On January 6, 1989, the Office of Management and Budget 
(OMB) waived Table 2 and 3 SIP revisions (54 FR 2222) from the 
requirements of section 3 of Executive Order 12291 for two years. The 
EPA 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 the EPA's request. This request continues in 
effect under Executive Order 12866 which superseded Executive Order 
12291 on September 30, 1993.

    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by August 22, 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, Incorporation by 
reference, Small business assistance program.

    Note: Incorporation by reference of the SIP for the State of 
Louisiana was approved by the Director of the Federal Register on 
July 1, 1982.

    Dated: June 3, 1994.
Myron O. Knudson, 
Acting Regional Administrator (6A).

    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 T--Louisiana

    2. Section 52.970 is amended by adding paragraph (c)(63) to read as 
follows:


Sec. 52.970  Identification of plan.

* * * * *

    (c) * * *

    (63) The State is required to implement a Small Business Stationary 
Source Technical and Environmental Compliance Assistance Program 
(PROGRAM) as specified in the plan revision submitted by the Governor 
on October 22, 1992. This plan submittal, as adopted by the Secretary 
of the Louisiana Department of Environmental Quality (LDEQ) on October 
22, 1992, was developed in accordance with section 507 of the Clean Air 
Act (CAA).
    (i) Incorporation by reference.
    (A) Enrolled House Bill No. 1319 (Act 1037, Regular Session, 1992), 
signed into law by the Governor on July 13, 1992 and effective upon 
signature, enacting Louisiana Revised Statutes (R.S.) 30:2061 and 2062 
and R.S. 36:239(H). Included in Act 1037 are provisions establishing a 
small business stationary source compliance assistance program; 
creating the State Ombudsman Office for small business; creating a 
Compliance Advisory Panel (CAP); establishing membership of the CAP; 
and establishing CAP powers, duties, and functions.
    (B) Louisiana R.S. 30:2060N.(6), ``Toxic air pollutant emission 
control program'', (the small business stationary source technical and 
environmental compliance assistance program subsection), as in effect 
on October 22, 1992.
    (C) State of Louisiana Executive Order No. EWE 92-4 dated February 
10, 1992 and effective upon signature, creating and establishing an 
Office of Permits within the Executive Department, Office of the 
Governor.
    (D) Letter from Louisiana Governor Edwards to Mr. Kai Midboe, 
Secretary, LDEQ, dated February 20, 1992, designating the Governor's 
Office of Permits as the official State office to serve as Ombudsman 
for the PROGRAM per the mandate of section 507 of the Federal CAA. The 
Coordinator of the Office of Permits will be responsible for 
administering the Small Business Ombudsman portion of the PROGRAM.
    (ii) Additional material.
    (A) Narrative SIP Revision entitled, ``Louisiana SIP, Concerning 
CAA Amendments of 1990, Section 507, Small Business Stationary Source 
Technical and Environmental Compliance Assistance (Program); November 
15, 1992.''
    (B) ``State of Louisiana Memorandum of Understanding Between the 
Governor's Office of Permits and the Louisiana Department of 
Environmental Quality'', signed (and effective) on April 7, 1992 by Mr. 
Kai David Midboe, Secretary, LDEQ, and Ms. Martha A. Madden, 
Coordinator, Governor's Office of Permits.
    (C) Legal opinion letter dated October 22, 1992 from James B. 
Thompson, III, Assistant Secretary for Legal Affairs and Enforcement, 
LDEQ, to Mr. B. J. Wynne, Regional Administrator, EPA Region VI, 
regarding ``Appointment to Small Business Advisory Panel''.
    3. Section 52.991 is added to subpart T to read as follows:


Sec. 52.991  Small business assistance program.

    The Governor of Louisiana submitted on October 22, 1992 a plan 
revision to develop and implement a Small Business Stationary Source 
Technical and Environmental Compliance Assistance Program to meet the 
requirements of section 507 of the Clean Air Act by November 15, 1994. 
The plan commits to provide technical and compliance assistance to 
small businesses, hire an Ombudsman to serve as an independent advocate 
for small businesses, and establish a Compliance Advisory Panel to 
advise the program and report to EPA on the program's effectiveness.
[FR Doc. 94-15264 Filed 6-22-94; 8:45 am]
BILLING CODE 6560-50-F