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

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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