Approval and Promulgation, Small Business Stationary Source Technical and Environmental Compliance Assistance Program for Minnesota

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[MN18-1-5906 FRL-4830-3]

Approval and Promulgation, Small Business Stationary Source

Technical and Environmental Compliance Assistance Program for Minnesota

AGENCY: United States Environmental Protection Agency (USEPA).

ACTION: Direct final rule.

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SUMMARY: The USEPA is approving the State Implementation Plan (SIP)

revision submitted by the State of Minnesota for the purpose of

establishing a Small Business Stationary Source Technical and

Environmental Compliance Assistance Program (program). The

implementation plan was submitted by the State to satisfy the mandate

of the Clean Air Act (CAA), to ensure that small businesses have access

to the technical assistance and regulatory information necessary to

comply with the CAA. The rationale for the approval is set forth in

this action; additional information is available at the address

indicated.

DATES: This final rule will be effective May 16, 1994 unless notice is

received by April 15, 1994 that someone wishes to submit adverse or

critical comments. If the effective date is delayed, timely notice will

be published in the Federal Register.

ADDRESSES: Comments can be mailed to William L. MacDowell, Air and

Radiation Division, (AE-17J), U.S. Environmental Protection Agency,

Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604-3509.

Copies of the State's submittal and USEPA's technical support

document are available for inspection during normal business hours at

the following locations: U.S. Environmental Protection Agency (AE-17J),

Region 5, Air Enforcement Branch, 77 West Jackson Boulevard, Chicago,

Illinois 60604-3509, Office of Air and Radiation (OAR), Docket and

Information Center, (Air Docket 6102), Room M1500, U.S. Environmental

Protection Agency, 401 M Street, SW., Washington DC 20460, (202) 260-

7548 and Mr. Leo Raudys, Program Development Section, Air Quality

Division, Minnesota Pollution Control Agency, 520 LaFayette Road, St.

Paul, Minnesota 55155-3898.

FOR FURTHER INFORMATION CONTACT: Anne E. Tenner, U.S. Environmental

Protection Agency (AE-17J), Region 5, Air Enforcement Branch 77 West

Jackson Boulevard, Chicago, Illinois 60604-3509, telephone (312) 353-

3849.

SUPPLEMENTARY INFORMATION:

I. Background

Implementation of the provisions of the Clean Air Act (CAA), as

amended in 1990, will require regulation of many small businesses so

that areas may attain and maintain the National ambient air quality

standards (NAAQS) and reduce the emission of air toxics. Small

businesses frequently lack the technical expertise and financial

resources necessary to evaluate such regulations and to determine the

appropriate mechanisms for compliance. In anticipation of the impact of

these requirements on small businesses, the CAA requires that States

adopt a Small Business Stationary Source Technical and Environmental

Compliance Assistance Program (program), and submit this program as a

revision to the federally approved SIP. In addition, the CAA directs

the United States Environmental Protection (USEPA) to oversee these

small business assistance programs and report to Congress on their

implementation. The requirements for establishing a program are set out

in section 507 of the CAA. In February 1992, USEPA issued ``Guidelines

for the Implementation of Section 507 of the 1990 Clean Air Act

Amendments,'' in order to delineate the Federal and State roles in

meeting the new statutory provisions and as a tool to provide further

guidance to the States on submitting acceptable SIP revisions.

The Minnesota Pollution Control Agency (MPCA), on November 9, 1992,

submitted a SIP revision to USEPA. To gain full approval, the MPCA's

submittal must provide for each of the following program elements: (1)

The establishment of a Small Business Assistance Program (SBAP) to

provide technical and compliance assistance to small businesses; (2)

the establishment of the State Small Business Ombudsman to represent

the interests of small businesses in the regulatory process; and (3)

the creation of a Compliance Advisory Panel (CAP) to determine and

report on the overall effectiveness of the SBAP.

II. Analysis

1. Small Business Assistance Program

The Minnesota legislation charged the Commissioner of the MPCA to

establish a SBAP to provide direct and timely technical assistance to

small businesses. The SBAP plan was submitted to the USEPA as a SIP

revision on November 9, 1992. Full implementation of the SBAP begins in

November 1994. However, elements of the program are being implemented

earlier. For example, the Compliance Advisory Council which is

established by legislation, and has program oversight responsibilities,

held its first meeting in September 1993. An ombudsman was hired in

August 1993, and the SBAP has a total of 3 full-time employees

currently assisting small businesses. The Minnesota Technical

Assistance Program (MnTAP), established in 1984 at the University of

Minnesota, while not yet available for air pollution control purposes,

will provide non-regulatory assistance and act as an information

clearinghouse, on an as needed basis, to help the MPCA to implement the

SBAP. MnTAP will provide technical expertise to the MPCA to implement

the SBAP. MnTAP will provide technical expertise to the MPCA to

evaluate air pollution control regulations and source control

procedures affecting small sources.

Section 507(a) sets forth six requirements1 that States must

meet to have an approvable Small Business Stationary Source Technical

and Environmental Compliance Assistance Program. The first requirement

in the CAA is to establish adequate mechanisms for developing,

collecting and coordinating information concerning compliance methods

and technologies for small business stationary sources, and activities

to encourage lawful cooperation among such sources and other persons to

further compliance with the CAA. The MPCA has met this requirement by

providing that the SBAP, develop and prepare information packets which

describe in layperson's terms the compliance and technical information

relevant to a small business stationary source's obligation under the

Act; identify appropriate information dissemination and outreach

mechanisms, and help to disseminate technical and compliance

information to small businesses.

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\1\A seventh requirement of section 507(a), establishment of an

Ombudsman office, is discussed in the next section.

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The second requirement is to establish adequate mechanisms for

assisting small business stationary sources with pollution prevention

and accidental release detection and prevention, including providing

information concerning alternative tech- nologies, process changes,

products and methods of operation that help reduce air pollution. The

MPCA has met the requirement by requiring the SBAP to identify and

develop needed and appropriate printed resources to provide information

on pollution prevention opportunities for specific small business

source categories or processes which have proposed standards; and

identify appropriate mechanisms to disseminate the above information to

small businesses, including news letters, trade associations, Small

Business Development Centers, Chambers of Commerce, pollution

prevention conference, and cooperative extension. The SBAP has planned

workshops scheduled for early 1994, as one of the mechanisms for

informing small businesses of the need for pollution prevention and

emissions control.

The third requirement is to develop a compliance assistance

program, for small business stationary sources, which assists small

businesses in determining applicable requirements and in receiving

permits in a timely and efficient manner. The MPCA's SBAP plan includes

a procedure to refer businesses to appropriate air quality staff for

cases of rule identification, understanding, interpretation, permit

needs, and permit procedures; and provides a procedure to require the

MPCA staff to assist the SBAP with emission control or emission

prevention information needed by small businesses.

The fourth requirement is to develop adequate mechanisms to assure

that small business stationary sources receive notice of their rights

under the Act in such manner and form as to assure reasonably adequate

time for such sources to evaluate compliance methods and any relevant

or applicable proposed or final regulation or standard. The Minnesota

SBAP plan is designed to meet this requirement by providing direct

access of the small business owner or operator with the SBAP staff and

making available information applicable to control technologies and

legal rights. The plan includes opportunities for small businesses to

attend workshops focused on selected source categories, and will

include pre-printed source material and forms to optimize the technical

and compliance assistance services provided by the SBAP staff.

The fifth requirement is to develop adequate mechanisms for

informing small business stationary sources of their obligations under

the Act, including mechanisms for referring such sources to qualified

auditors or, at the option of the State, for providing audits of the

operations of such sources to determine compliance with the Act. The

MPCA SIP meets this requirement by: holding information workshops

requiring the SBAP to develop and maintain a list of qualified

auditors, based upon criteria established by the SBAP in coordination

with MPCA Air Quality Division technical staff and MnTAP.

The sixth requirement is to develop procedures for consideration of

requests for a small business stationary source for modification of any

work practice or technological method of compliance, or the schedule of

milestones for implementing such work practice or method of compliance

preceding any applicable compliance date, based on the technological

and financial capability of any such small business stationary source.

The MPCA addresses this requirement by committing the SBAP to develop

administrative procedures, by November 15, 1994, to handle requests of

this nature. Existing Minnesota statutes require the MPCA, when

proposing rules which may affect small businesses, to consider the

following methods for reducing the impact on small businesses: the

establishment of performance standards required in the rule, and

exempting small businesses from any or all requirements of the State

rule. The USEPA believes this responds to the spirit of the guidance

yet any such streamlining of existing rules or development of new rules

affecting compliance to avoid unreasonable burden on small businesses

will be required to go through the public processes. An adequate

opportunity will exist for comment by the public and by USEPA.

2. Ombudsman

Section 507(a)(3) requires the designation of a State office to

serve as the Ombudsman for small business stationary sources. The

Minnesota legislation: requires the MPCA Commissioner to appoint an

ombudsman, specifies the duties of the office, insures independence of

action, and details the candidates qualifications. In this case, the

Commissioner, MPCA, placed the ombudsman in the Environmental Analysis

Office (EAO) of the MPCA. The MPCA SIP states that the ombudsman, hired

in August 1993, has authority, under section 8, subdivision (3) of the

Small Business Air Quality Compliance Assistance Act, to act

independently of the MPCA. The EAO is responsible for implementing the

Minnesota Environmental Review Program (MERP). The function of MERP is

to avoid and minimize damage to Minnesota's environmental resources

caused by public and private development by requiring that proposed

actions which have the potential for significant environmental effects

undergo special review procedures in addition to any other required

approvals and permits. The USEPA believes that the ombudsman has

sufficient authority, and is adequately located for technical and

program support purposes, to monitor the small business stationary

source technical and environmental compliance assistance program.

3. Compliance Advisory Panel

Section 507(e) requires the State to establish a Compliance

Advisory Panel (CAP) that must include two members selected by the

Governor who are not owners or representatives of owners of small

businesses; four members selected by the State legislature who are

owners, or represent owners, of small businesses; and one member

selected by the head of the agency in charge of the Air Pollution

Permit Program. The Minnesota legislation is consistent with these

guidelines and satisfies the requirement by establishing the Minnesota

Small Business Air Quality Compliance Assistance Advisory Council,

referred to in the plan as the Compliance Advisory Council. The

requirements for the council are listed in the State legislation of

April 29, 1992. The legislature however, increased the membership of

the Council by requiring the participation of two additional state

agencies: the Director of the Minnesota Office of Waste Management or

the Director's designee, and the Commissioner of Department of Trade

and Economic Development or the Commissioner's designee. The

legislature's action to increase the size of the Council is considered

to be within the scope of the CAA and is satisfactory to the USEPA

because the CAA requires the size of the CAP to be not less than 7

individuals, specifying the minimum number rather than the maximum.

In addition to establishing the minimum membership of the CAP, the

CAA delineates four responsibilities of the Panel: (1) To render

advisory opinions concerning the effectiveness of the SBAP,

difficulties encountered and the degree and severity of enforcement

actions; (2) to periodically report to USEPA concerning the SBAP's

adherence to the principles of the Paperwork Reduction Act, the Equal

Access to Justice Act, and the Regulatory Flexibility Act2; (3) to

review and assure that information for small business stationary

sources is easily understandable; and (4) to develop and disseminate

the reports and advisory opinions made through the SBAP. The Minnesota

legislation and plan charge the council with carrying out all but the

last of these responsibilities. The last of these responsibilities is

found in the plan as a responsibility of the SBAP program staff to

carry out. Since the SBAP staff will be supervised by the ombudsman,

the USEPA believes this is sufficient to satisfy this requirement.

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\2\Section 507(e)(1)(B) requires the CAP to report on the

compliance of the SBAP with these three Federal statutes. However,

since State agencies are not required to comply with them, USEPA

believes that the State program must merely require the CAP to

report on whether the SBAP is adhering to the general principles of

these Federal statutes.

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4. Eligibility

Section 507(c)(1) of the CAA defines the term ``small business

stationary source'' as a stationary source that:

(A) Is owned or operated by a person who employs 100 or fewer

individuals,

(B) Is a small business concern as defined in the Small Business

Act;

(C) Is not major stationary source;

(D) Does not emit 50 tons per year (tpy) or more of any regulated

pollutant; and

(E) Emits less than 75 tpy of all regulated pollutants.

The State of Minnesota has established a mechanism in the SBAP plan

for ascertaining the eligibility of a source to receive assistance

under the program, including an evaluation of a source's eligibility

using the criteria in section 507(c)(1) of the CAA. The USEPA believes

this mechanism, which includes the criteria noted above, corresponds

with the Acts' requirements and the Agency's guidelines.

The State of Minnesota has provided for public notice and comment

on grants of eligibility to sources that do not meet the provisions of

sections 507(c)(1)(C), (D), and (E) of the CAA but do not emit more

than 100 tpy of all regulated pollutants.

The State of Minnesota has provided for exclusion from the small

business stationary source definition, after consultation with the

USEPA and the Small Business Administration Administrator and after

providing notice and opportunity for public comment, of any category or

subcategory of sources that the State determines to have sufficient

technical and financial capabilities to meet the requirements of the

CAA.

III. The USEPA's Action

In this action, USEPA is approving in final the SIP revision

submitted by the State of Minnesota. The State of Minnesota has

submitted a SIP revision implementing each of the program elements

required by section 507 of the CAA. For each of the three essential

elements of the Program: the Small Business Assistance Program, the

element is currently operational or the State has submitted a schedule

for that element indicating implementation by November 15, 1994. The

USEPA is therefore approving this submittal. This action has been

classified as a Table 2 Action by the Regional Administrator under the

procedures published in the Federal Register on January 19, 1989 (54 FR

2214-2225). On January 6, 1989 the Office of Management and Budget

(OMB) waived Table 2 and 3 SIP revisions (54 FR 2222) from the

requirement of section 6 of Executive Order 12866 for a period of two

years. USEPA has submitted a request for a permanent waiver for Table 2

and Table 3 SIP revisions. The OMB has agreed to continue the waiver

until such time as it rules on USEPA's request.

Because USEPA considers this action noncontroversial and routine,

we are approving it without proposal. The action will become effective

on May 16, 1994. However, if the USEPA receives notice April 15, 1994

that someone wishes to submit substantive and critical comments, then

USEPA will publish: (1) A document that withdraws this action; and (2)

a document that begins a new rulemaking by proposing the action and

establishing a comment period.

Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., USEPA

must prepare a regulatory flexibility analysis assessing the impact of

any proposed or final rule on small entities. 5 U.S.C. 603 and 604.

Alternatively, USEPA may certify that the rule will not have a

significant impact on a substantial number of small entities. Small

entities include small businesses, small not-for-profit enterprises,

and government entities with jurisdiction over populations of less than

50,000.

By this action, USEPA is approving in final a State program created

for the purpose of assisting small businesses in complying with

existing statutory and regulatory requirements. The program being

approved does not impose any new regulatory burden on small businesses;

it is a program under which small businesses may elect to take

advantage of assistance provided by the State. Therefore, because the

USEPA's approval of this program does not impose any new regulatory

requirements on small businesses, I certify that it does not have a

significant economic impact on any small entities affected.

List of Subjects in 40 CFR part 52

Environmental protection, Air pollution control, Incorporation by

reference, Small business assistance program.

Dated: January 14, 1994.

William E. Muno,

Acting Regional Administrator.

Part 52, chapter I, title 40 of the Code of Federal Regulations is

amended as follows:

PART 52--[AMENDED]

1. The authority citation for part 52 continues to read as follows:

Authority: 42 U.S.C. 7401-7671q.

Subpart Y--[Amended]

2. Section 52.1220 is amended by adding paragraph (c)(28) to read

as follows:

Sec. 52.1220 Identification of plan.

* * * * *

(c) * * *

(28) On November 9, 1992, the State of Minnesota submitted the

Small Business Stationary Source Technical and Environmental Compliance

Assistance plan. This submittal satisfies the requirements of section

507 of the Clean Air Act, as amended.

(i) Incorporation by reference.

(A) Minnesota Laws Chapter 546, sections 5 through 9 enacted by the

Legislature, and signed into Law on April 29, 1992.

* * * * *

[FR Doc. 94-5907 Filed 3-15-94; 8:45 am]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[IN36-1-6182; FRL-4849-3]

Approval and Promulgation of a State Implementation Plan for

Photochemical Assessment Monitoring; Indiana

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

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SUMMARY: The United States Environmental Protection Agency (USEPA) is

approving a revision to the Indiana State Implementation Plan (SIP) for

ozone. USEPA's action is based upon a revision request which was

submitted by the State to satisfy the requirements for enhanced ozone

monitoring in the Clean Air Act (Act) and regulations promulgated

pursuant to the Act. These regulations require the State to provide for

the establishment and maintenance of an enhanced ambient air quality

monitoring network in the form of photochemical assessment monitoring

stations (PAMS) by November 12, 1993.

DATES: This final rule will be effective May 16, 1994 unless notice is

received by April 15, 1994 that someone wishes to submit adverse

comments. If the effective date is delayed, timely notice will be

published in the Federal Register.

ADDRESSES: Copies of the SIP revision and USEPA's analysis are

available for inspection at the following address: (It is recommended

that you telephone Mark Palermo at (312) 886-6082, before visiting the

Region 5 Office.) US Environmental Protection Agency, Region 5, Air and

Radiation Division, 77 West Jackson Boulevard, Chicago, Illinois 60604.

Written comments should be sent to: J. Elmer Bortzer, Chief,

Regulation Development Section, Regulation Development Branch (AR-18J),

U.S. Environmental Protection Agency, 77 West Jackson Boulevard,

Chicago, Illinois 60604.

FOR FURTHER INFORMATION CONTACT: Mark Palermo, Regulation Development

Section (AR-18J), Regulation Development Branch, U.S. Environmental

Protection Agency, Region 5, Chicago, Illinois, 60604, (312) 886-6082.

SUPPLEMENTARY INFORMATION:

I. Background

Section 182(c)(1) of the Act, as amended in 1990, requires that the

USEPA promulgate rules for enhanced monitoring of ozone, oxides of

nitrogen (NOx), and volatile organic compounds (VOC) no later than

18 months after the date of the enactment of the 1990 Amendments. In

addition, the Act requires that following the promulgation of the rules

relating to enhanced ambient monitoring, the State must commence

actions to adopt and implement a program based on these rules,

including a revision to each SIP affecting areas classified serious and

above for ozone. See also the April 16, 1992 General Preamble for the

Implementation of Title I of the Clean Air Act Amendments of 1990

(General Preamble), 57 FR 13498, 13515.

On February 12, 1993, USEPA promulgated regulations providing for

the establishment and maintenance of the PAMS program (58 FR 8452).

Section 58.40(a) of 40 CFR part 58 requires the State to submit a

photochemical assessment monitoring network description, including a

schedule for implementation, to the Administrator within 6 months after

promulgation, or by August 12, 1993. Further, Sec. 58.20(f) requires

the State to provide for the establishment and maintenance of a PAMS

network within 9 months after promulgation of the final rule or

November 12, 1993.

On August 12, 1993 the Lake Michigan Air Directors Consortium

submitted a regional PAMS network description, including a schedule for

implementation, under the signature of the State Air Directors for the

four States of Illinois, Indiana, Michigan and Wisconsin (the States).

This submittal is currently being reviewed by the USEPA and is intended

to satisfy the requirements of Sec. 58.40(a).

On November 15, 1993 Indiana submitted to the USEPA a revision to

the Indiana ozone SIP providing for the establishment and maintenance

of the PAMS network and requested its approval. A letter finding the

submittal complete was sent to the State on January 19, 1994. The

November 15, 1993, Indiana PAMS SIP revision request is intended to

meet the requirements of Section 182(c)(1) of the Act and effect

compliance with 40 CFR part 58 by implementing the rules for PAMS. The

Indiana Department of Environmental Management (IDEM) held a public

hearing on the Indiana PAMS SIP revision request on December 14, 1993.

IDEM submitted the transcript of the hearing on January 19, 1994.

II. Analysis of State Submittal

The November 15, 1993 Indiana PAMS SIP revision request would

incorporate PAMS into the ambient air quality monitoring network of

State and Local Ambient Monitoring Stations/National Ambient Monitoring

Stations (SLAMS/NAMS). The State will establish and maintain PAMS as

part of the overall ambient air quality monitoring network.

The criteria used to review the Indiana PAMS SIP revision request

are derived from section 182 (c)(1) of the Act, 40 CFR part 58 (as

promulgated on February 12, 1993 (58 FR 8452)), the Guideline for the

Implementation of the Ambient Air Monitoring Regulations 40 CFR Part 58

(EPA-450/4-78-038, OAQPS, November 1979), the September 2, 1993

memorandum from G.T. Helmes of the U.S. EPA, Office of Air Quality

Planning and Standards (OAQPS), entitled Final Boilerplate Language for

the PAMS SIP Submittal, and the April 16, 1992 General Preamble.

The regional PAMS network submitted by the States on August 12,

1993 is currently being reviewed by USEPA. A joint network description

and implementation schedule is permitted and encouraged by 40 CFR

58.40(a)(3) for States where a State's PAMS network requires monitoring

stations in different States and/or Regions.

Since network descriptions may change annually, they are not part

of the SIP, as recommended by the Guideline for the Implementation of

the Ambient Air Monitoring Regulations 40 CFR 58. However, the network

description is negotiated and approved during the annual review via the

grant process under section 105 of the Act, as required by 40 CFR

58.20(d), 58.25, 58.36 and 58.46.

The November 15, 1993 submittal would incorporate PAMS into the

overall ambient air quality monitoring network. It would provide

Indiana with the authority to establish and operate the PAMS sites,

secure funds for PAMS and provide the USEPA with authority to enforce

the implementation of PAMS (under the section 105 grant process), since

their implementation is required by the Act.

The September 2, 1993 memorandum from OAQPS entitled Final

Boilerplate Language for the PAMS SIP Submittal provides that the PAMS

SIP revision request, at a minimum, should provide for the monitoring

of criteria and non-criteria pollutants, as well as meteorological

parameters; provide that a copy of the approved (or proposed) PAMS

network description, including the phase-in schedule, be made available

for public inspection during the public notice and/or comment period

for the SIP revision request or, alternatively, provide that, on

request, information concerning the State's plans for implementing the

rules be made publicly available; make reference to the fact that PAMS

will become a part of the State and local air monitoring stations

(SLAMS) network; and, allow for sampling via methods approved by USEPA

which are not Federal Reference Methods or equivalent.

The Indiana PAMS SIP revision request provides that the network

will measure ambient levels of ozone, NOx, speciated VOC,

including hydrocarbons and carbonyls and meteorological data. During

the public comment period and hearing, Indiana provided a copy of the

proposed alternative regional PAMS network description, including a

schedule, to the public. The Indiana PAMS SIP revision request provides

that each station in the air quality surveillance network provided for

and described in the network description will be termed a SLAMS.

Finally, the Indiana PAMS SIP revision request provides that the

methods used in PAMS will meet the criteria established by 40 CFR

58.41, the quality assurance requirements as contained in 40 CFR part

58, appendix A, and the monitoring methodology requirements contained

in appendix C.

III. Final Rulemaking Action

The USEPA approves the Indiana rule revision for PAMS as part of

the Indiana SIP for ozone.

Because USEPA considers this action noncontroversial and routine,

we are approving it without prior proposal. The action will become

effective on May 16, 1994. However, if we receive notice by April 15,

1994 that someone wishes to submit adverse comments, then USEPA will

publish: (1) A document that withdraws the action; and (2) a document

that begins a new rulemaking by proposing the action and establishing a

comment period. This action has been classified as a Table 3 action by

the Regional Administrator under the procedures published in the

Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by

an October 4, 1993, memorandum from Michael H. Shapiro, Acting

Assistant Administrator for Air and Radiation. A future document will

inform the general public of these tables. Under the revised tables

this action remains classified as a Table 3. On January 6, 1989, the

Office of Management and Budget (OMB) waived Table 2 and Table 3 SIP

revisions (54 FR 2222) from the requirements of section 3 of Executive

Order 12291 for 2 years. The USEPA has submitted a request for a

permanent waiver for Table 2 and Table 3 SIP revisions. The OMB has

agreed to continue the waiver until such time as it rules on EPA's

request. This request continues in effect under Executive Order 12866

which superseded Executive Order 12291 On September 30, 1993.

Nothing in this action should be construed as permitting, allowing

or establishing a precedent for any future request for revision to any

SIP. The USEPA shall consider each request for revision to the SIP in

light of specific technical, economic, and environmental factors and in

relation to relevant statutory and regulatory requirements.

Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., USEPA

must prepare a regulatory flexibility analysis assessing the impact of

any proposed or final rule on small entities. (5 U.S.C. 603 and 604.)

Alternatively, USEPA may certify that the rule will not have a

significant impact on a substantial number of small entities. Small

entities include small businesses, small not-for-profit enterprises,

and government entities with jurisdiction over populations of less than

50,000. This SIP approval involves a monitoring network that will be

operated by the IDEM and does not impose any new regulatory

requirements on small businesses. Therefore, I certify that it does not

have a significant economic impact on any small entities.

Under section 307(b)(1) of the Act, petitions for judicial review

of this action must be filed in the United States Court of Appeals for

the appropriate circuit by May 16, 1994. Filing a petition for

reconsideration by the Administrator of this final rule does not affect

the finality of this rule for the purposes of judicial review nor does

it extend the time within which a petition for judicial review may be

filed, and shall not postpone the effectiveness of such rule or action.

This action may not be challenged later in proceedings to enforce its

requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Hydrocarbons,

Nitrogen dioxide, Ozone, Volatile organic compounds.

Dated: March 1, 1994.

Valdas V. Adamkus,

Regional Administrator.

Part 52, chapter I, title 40 of the Code of Federal Regulations is

amended as follows:

PART 52--[AMENDED]

1. The authority citation for part 52 continues to read as follows:

Authority: 42 U.S.C. 7401-7671q.

Subpart P--Indiana

2. Section 52.777 is amended by adding paragraph (e) to read as

follows:

Sec. 52.777 Control strategy: Photochemical oxidants (hydrocarbons).

* * * * *

(e) Approval--The Administrator approves the incorporation of the

photochemical assessment ambient monitoring system submitted by Indiana

on November 15, 1993 into the Indiana State Implementation Plan. This

submittal satisfies 40 CFR 58.20(f), which requires the State to

provide for the establishment and maintenance of photochemical

assessment monitoring stations (PAMS) by November 12, 1993.

[FR Doc. 94-5905 Filed 3-15-94; 8:45 am]

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