[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]
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