Federal Register / Vol. 60, No. 45 / Wednesday, March 8, 1995 / Rules and Regulations 12691

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this action will be withdrawn before the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 on May 8, 1995.

Nothing in this action shall be

construed as permitting or allowing or

establishing a precedent for any future

request for a 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 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 8, 1995. This action may

not be challenged later in proceedings to

enforce its requirements. (See 307(b)(2).)

The OMB has exempted these actions

from review under Executive Order

12866.

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.

SIP approvals under section 110 and

subchapter I, part D of the Act do not

create any new requirements, but

simply approve requirements that the

State is already imposing. Therefore,

because the federal SIP-approval does

not impose any new requirements, I

certify that it does not have a significant

impact on any small entities affected.

Moreover, due to the nature of the

federal-state relationship under the Act,

preparation of a regulatory flexibility

analysis would constitute federal

inquiry into the economic

reasonableness of state action.

The Act forbids EPA to base its

actions concerning SIPs on such

grounds. Union Electric Co. v. U.S.

Environmental Protection Agency et al,

96 S.Ct. 2518 (1976); 42 U.S.C.

7410(a)(2) and 7410(k).

List of Subjects in 40 CFR Part 52

Air pollution control, Environmental

protection, Carbon monoxide,

Hydrocarbons, Incorporation by

reference, Intergovernmental relations,

Lead, Nitrogen dioxide, Ozone,

Particulate matter, Reporting and

recordkeeping requirements, Sulfur

oxides.

Dated: February 6, 1995.

Patrick M. Tobin,

Acting Regional Administrator.

Part 52 of chapter I, title 40, 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 L—Georgia

2. Section 52.570 is amended by

adding paragraph (c)(39) to read as

follows:

§ 52.570 Identification of plan.

* * * * *

(c) * * *

(39) On December 15, 1986, and

November 13, 1992, the Georgia

Department of Natural Resources,

Environmental Protection Division

submitted regulations for Part D New

Source Review.

(i) Incorporation by reference.

Revisions to the following Rules of

Georgia Department of Natural

Resources, Environmental Protection

Division, effective November 22, 1992:

(A) 391–3–1–.01 introductory

paragraph

(B) 391–3–1–.03(8)(c)

(ii) Other material. Letter dated

February 28, 1989, from the Georgia

Department of Natural Resources, page

3 regarding change in operation of a

source.

* * * * *

[FR Doc. 95–5441 Filed 3–7–95; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 52

[AR–3–1–5727a; FRL–5155–8]

Clean Air Act Approval and

Promulgation of Title V, Section 507,

Small Business Stationary Source

Technical and Environmental

Compliance Assistance Program for

Arkansas

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: The EPA is approving the

State Implementation Plan (SIP)

revision submitted by the State of

Arkansas 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 May 8, 1995, unless adverse

or critical comments are received by

April 7, 1995. 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.

Arkansas Department of Pollution

Control and Ecology, Division of Air

Pollution Control, 8001 National

Drive, Little Rock, Arkansas 72209.

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)

665–7596.

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
12692 Federal Register / Vol. 60, No. 45 / Wednesday, March 8, 1995 / Rules and Regulations

1A seventh requirement of section 507(a),

establishment of an Ombudsman office, is

discussed in the next section.

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 Arkansas 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. All areas in the State are

classified attainment for each of the

NAAQS pollutants.

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 Arkansas has met all of

the requirements of section 507 by

submitting a SIP revision that

implements all required PROGRAM

elements. Arkansas Act 251 (Senate Bill

347) enacted by the 79th General

Assembly Regular Session in 1993 and

approved by the Governor on February

26, 1993, provides authority for the

State to establish a CAP for the

PROGRAM as required by Section 507

of the CAA. The PROGRAM is to be

administered by the Arkansas

Department of Pollution Control and

Ecology (ADPC&E), and is intended to

help eligible small businesses

understand and comply with the CAA.

Included in the Act are provisions

creating a CAP, establishing

membership and terms of the CAP, and

establishing CAP duties.

The State held a public hearing on

October 19, 1992, to consider public

comments on the proposed PROGRAM,

which will amend the Arkansas SIP to

add a revision entitled, ‘‘Arkansas Small

Business Stationary Source Technical

and Environmental Compliance

Assistance Program SIP Revision’’. No

public comments were received on the

PROGRAM. The proposed SIP revision

was adopted November 5, 1992, by the

Arkansas Commission on Pollution

Control and Ecology. The Arkansas

PROGRAM was submitted to the EPA by

the Governor of Arkansas on November

6, 1992, as a revision to the Arkansas

SIP. Additional information (draft

Arkansas CAP legislation) was

submitted on January 6, 1993. The

submittal was initially reviewed for

completeness and was determined

complete on January 15, 1993.

Supplemental information (Arkansas

Act 251) was submitted on April 23,

1993. The submittal was then reviewed

for approvability by EPA Region 6 and

EPA headquarters.

B. Plan Requirements

1. Small Business Assistance Program

The first PROGRAM element is the

establishment of a SBAP to provide

technical and compliance assistance to

small businesses.

The State has met the first PROGRAM

element by committing in its SIP

revision, sections (c) ‘‘Small Business

Assistance Program (SBAP)’’, and (g)

‘‘Schedule of Program Implementation’’,

to establish an SBAP in the Air Division

of the ADPC&E, which meets the six

requirements set forth in section 507(a).

(Details are presented in the EPA’s

Technical Support Document and the

State’s submittal.) It will be

administered by an SBAP coordinator in

the Air Division.

a. Section 507(a) sets forth six

requirements 1 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 CAA.

The State has met this requirement.

The SBAP coordinator will be charged

with the duties of collecting,

developing, and coordinating

information on compliance methods

and technologies for small business

stationary sources. The SBAP will

include a proactive component and a

reactive component.

(i) Proactive Component. The SBAP

coordinator will be responsible for

operating the SBAP and will work in the

Air Division of the ADPC&E. Small

businesses that are, or will be, affected

by CAA requirements will be placed in

a computer database. The database will

contain information such as the facility

address, environmental contact, and

Standard Industrial Classification code.

Possible sources of data for this database

are the existing ADPC&E data files and

the Arkansas Industrial Development

Commission database. This system will

enable the SBAP to notify small

businesses of the existence of the SBAP

(through newsletters) and any new or

upcoming applicable air pollution

requirements of the CAA. Additionally,

the SBAP coordinator will be available,

upon reasonable request, to trade

associations or industry groups

representing small businesses for

seminars and workshops.

(ii) Reactive Component. The SBAP

coordinator will be responsible for

handling questions from small

businesses. The coordinator will act as

an information clearinghouse, and will

be responsible for making sure that

small businesses receive the requested

information either by phone or by mail.

A small library of applicable literature

will be maintained by the coordinator.

If the coordinator cannot supply the

requested information directly, he shall

be responsible for seeking out the

information from other available

channels, such as the Air Division staff,

EPA technical support services

(including the Technology Transfer

Network bulletin board), industry

contacts, etc. The names and the direct

telephone numbers of the SBAP

coordinator and Ombudsman will be

published in a newsletter to allow for

quick access.

b. 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.
Federal Register / Vol. 60, No. 45 / Wednesday, March 8, 1995 / Rules and Regulations 12693

The State has met this requirement.

The SBAP will address pollution

prevention and accidental release

detection and prevention.

(i) Pollution Prevention. The SBAP

coordinator will conduct an information

clearinghouse on small business

pollution prevention topics. Available

literature from the EPA Pollution

Prevention Office and other sources will

be kept in the SBAP library. The

availability of such information will be

announced in newsletters.

(ii) Accidental Release. The SBAP

coordinator will conduct an information

clearinghouse for prevention, detection,

and monitoring of accidental chemical

releases. Basic information will cover

four areas: (1) Requirements under the

accidental release provisions of the

CAA; (2) related requirements under

Superfund Amendments and

Reauthorization Act title III; (3) the

Occupational Safety and Health

Administration process safety standard

as required by the CAA; and (4) general

information on prevention practices and

technologies. EPA publications on this

subject matter shall be kept in the SBAP

library. The availability of such

information will be announced in

newsletters.

c. 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 CAA

in a timely and efficient manner.

The State has met this requirement.

The SBAP coordinator shall be

responsible for providing small

businesses with information regarding

applicability to CAA requirements and

the ADPC&E permitting process

(applications, fees, enforcement, etc.)

d. The fourth requirement is to

develop adequate mechanisms to assure

that small business stationary sources

receive notice of their rights under the

CAA 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 CAA.

The State has met this requirement.

The SBAP coordinator will be

responsible for notifying small

businesses of their rights under the

CAA. The SBAP computer database

discussed above in II.B.1.a. will be used

to notify small businesses in a timely

manner of any upcoming regulations

that could potentially affect them. This

should give small businesses plenty of

time to evaluate compliance methods far

in advance of compliance dates. In

addition, the SBAP coordinator shall

operate an information clearinghouse on

small business ‘‘legal rights’’ under the

CAA.

e. The fifth requirement is to develop

adequate mechanisms for informing

small business stationary sources of

their obligations under the CAA,

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 CAA.

The State has met this requirement.

The SBAP will address obligations and

audits.

(i) Obligations. The SBAP coordinator

will be responsible for notifying small

businesses of their obligations under the

CAA. The SBAP database and

newsletters will be used to inform small

businesses of their obligations.

(ii) Audits. The SBAP coordinator

shall be responsible for keeping a list of

qualified compliance auditors for small

businesses to contact. This list shall

contain qualified ADPC&E personnel

and other qualified environmental

consultants. Environmental consultants

may be placed on the qualified auditors

list by sending a written request and

resume to the SBAP coordinator. Simple

complimentary audits performed by

ADPC&E personnel shall be done at the

convenience of ADPC&E personnel

commensurate with available resources,

and there shall be no charge for the

service. Any violations uncovered

during an audit performed by ADPC&E

personnel shall be dealt with

immediately. Audits performed by

qualified environmental consultants

may entail a fee (to be paid by the

audited business) at the discretion of the

consultant.

f. 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.

The State has met this requirement.

Procedures for the permitting of

stationary source modifications are

contained in Section 19.4 of the State

Implementation Plan. No such request

for permit modification shall be granted

unless it meets all applicable State and

Federal requirements. Application

processing priority, to the extent

practicable, will be given to applications

requesting modifications necessary to

achieve compliance with applicable

regulations.

2. Ombudsman

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.

The State has met this requirement by

committing to establish (prior to

November 1994) a dedicated Small

Business Ombudsman Office within the

ADPC&E, as stated in section (d)

‘‘Ombudsman’’ of its SIP revision. The

Ombudsman Office will not be within

the Air Division, but will be within the

agency. Thus, the Ombudsman’s Office

is going to be separate from the air

quality regulatory branch of the State

agency, and therefore can be an

independent advocate for small

businesses. The Ombudsman position

will be filled prior to November 15,

1994. The Ombudsman Office will have

sufficient resources to discharge its

duties effectively.

The Ombudsman will have access to

the Governor’s office, the Director of the

ADPC&E, and to other State agencies.

He will have the ability to informally

request information from other State

agencies, and to formally obtain

information from other agencies through

the Governor’s office. The Ombudsman,

through the Director, will have a

channel for proposing legislation or

administrative action necessary to assist

eligible small businesses.

3. Compliance Advisory Panel (CAP)

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.

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 the

EPA concerning the SBAP’s adherence

to the principles of the Paperwork

Reduction Act, the Equal Access to

Justice Act, and the Regulatory
12694 Federal Register / Vol. 60, No. 45 / Wednesday, March 8, 1995 / Rules and Regulations

2Section 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, the

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.

Flexibility Act 2; (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 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. Sections 1.–2.

of Arkansas Act 251 of 1993 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 ADPC&E

through the SBAP administered by the

Air Division, which shall serve as

secretariat to the Panel. Section 2. of Act

251 (i.e., Arkansas Code 8–4–

314(1)(A)(4)) authorizes the SBAP to

serve as the secretariat to the Panel.

Details of these commitments to appoint

the members of the CAP as stated above,

and to designate to the CAP the four

responsibilities listed in the CAA, are

discussed in section (e) ‘‘Compliance

Advisory Panel’’ of its SIP revision.

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 Arkansas 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 contained

in the State’s narrative SIP revision,

section (b) entitled ‘‘Eligibility and

Program Scope’’.

The State of Arkansas 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 Arkansas for establishing a Small

Business Stationary Source Technical

and Environmental Compliance

Assistance Program.

The State of Arkansas 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

Arkansas 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 are being tracked and

monitored by the Region as part of the

State’s normal Program review.

Currently, the State has selected and

staffed the SBAP coordinator and

initiated the SBAP (i.e., in the Air

Division of the ADPC&E), designated the

State Office to serve as Small Business

Ombudsman, hired the Ombudsman in

November 1993, and created a CAP (and

begun appointing its members).

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 May 8, 1995 unless, by April

7, 1995, 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 May 8, 1995.

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., the 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, the 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-forprofit 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. The Office of

Management and Budget has exempted

this regulatory action from Executive

Order 12866 review.

Under section 307(b)(1) of the Clean

Air Act, petitions for judicial review of

this action must be filed in the United
Federal Register / Vol. 60, No. 45 / Wednesday, March 8, 1995 / Rules and Regulations 12695

States Court of Appeals for the

appropriate circuit by May 8, 1995.

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 Arkansas was approved by the

Director of the Federal Register on July 1,

1982.

Dated: January 24, 1995.

William B. Hathaway,

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 E—Arkansas

2. Section 52.170 is amended by

adding paragraph (c)(31) to read as

follows:

§ 52.170 Identification of plan.

* * * * *

(c) * * *

(31) 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

November 6, 1992. This plan submittal,

as adopted by the Arkansas Commission

on Pollution Control and Ecology on

November 5, 1992, was developed in

accordance with section 507 of the

Clean Air Act. On April 23, 1993, the

Governor submitted Act 251 of 1993

which establishes the Compliance

Advisory Panel (CAP) for the

PROGRAM.

(i) Incorporation by reference.

(A) Act 251 of 1993 approved by the

Governor on February 26, 1993.

Included in this Act are provisions

creating a CAP, establishing

membership of the CAP, and addressing

the responsibilities and duties of the

CAP.

(B) Arkansas Department of Pollution

Control and Ecology, Minute Order No.

92–81, adopted November 5, 1992.

(ii) Additional material.

(A) Revision entitled, ‘‘Arkansas

Small Business Stationary Source

Technical and Environmental

Compliance Assistance Program SIP

Revision’’, adopted November 5, 1992.

(B) Legal opinion letter dated

November 5, 1992, from Steve Weaver,

Chief Counsel, Arkansas Department of

Pollution Control and Ecology,

regarding legality of Commission

teleconference meeting.

3. Section 52.183 is added to subpart

E to read as follows:

§ 52.183 Small business assistance

program.

The Governor of Arkansas submitted

on November 6, 1992, a plan revision to

develop and implement a Small

Business Stationary Source Technical

and Environmental Compliance

Assistance Program (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 the EPA on

the program’s effectiveness. On April

23, 1993, the Governor submitted Act

251 of 1993 which establishes the

Compliance Advisory Panel for the

PROGRAM.

[FR Doc. 95–5442 Filed 3–7–95; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 52

[IN39–3–6715; FRL–5158–1]

Approval and Incorporation of

Employee Commute Option Program in

the State Implementation Plan; Indiana

AGENCY: Environmental Protection

Agency.

ACTION: Final rule.

SUMMARY: On August 18, 1994, the

United States Environmental Protection

Agency (USEPA) approved the

Employee Commute Options (ECO)

regulation for Lake and Porter Counties,

Indiana. On the same day (August 18,

1994), a proposed rule was also

published which established a 30-day

public comment period noting that, if

adverse comments were received

regarding the direct final rule, the

USEPA would withdraw the direct final

rule and publish an additional final rule

to address the public comments.

Adverse comments were received

during the public comment period from

the Indiana Chamber of Commerce, the

Northwest Indiana Forum, three affected

employers, three motorcycle

associations, and three individuals. This

final rule summarizes these comments

and USEPA’s responses and finalizes

the approval of the ECO program for

Lake and Porter Counties.

EFFECTIVE DATE: This action will be

effective on April 7, 1995.

ADDRESSES: Copies of the SIP revision,

public comments and USEPA’s

responses are available for inspection at

the following address: (It is

recommended that you telephone

Jessica Radolf at (312) 886–3198 before

visiting the Region 5 Office.) United

States Environmental Protection

Agency, Region 5, Air and Radiation

Division, 77 West Jackson Boulevard,

Chicago, Illinois 60604.

A copy of this SIP revision is

available for inspection at: Office of Air

and Radiation (OAR), Docket and

Information Center (Air Docket 6102),

room 1500, U.S. Environmental

Protection Agency, 401 M Street, SW.,

Washington, DC 20460.

FOR FURTHER INFORMATION CONTACT:

Jessica Radolf, Regulation Development

Section (AR–18J), Regulation

Development Branch, Air and Radiation

Division, United States Environmental

Protection Agency, Region 5, 77 West

Jackson Boulevard, Chicago, Illinois

60604, Telephone Number (312) 886–

3198.

SUPPLEMENTARY INFORMATION:

I. Background Information

The ECO regulations (326 Indiana

Administrative Code Article 19)

discussed in this rule were submitted on

February 25, 1994, by the Indiana

Department of Environmental

Management (IDEM) for the severe

ozone nonattainment area that includes

Lake and Porter Counties. These rules

were submitted to satisfy section

182(d)(1)(b) of the Clean Air Act (Act)

which requires that employers in severe

ozone nonattainment areas with 100 or

more employees at a worksite

participate in a trip reduction program.

On August 18, 1994 (59 FR 42506) the

USEPA approved the ECO regulation as

a revision to the Indiana ozone SIP. (For

further information refer to the August

18, 1994, final rule.) Because adverse

comments were received regarding the

direct final rule, USEPA removed the

direct final rule on November 7, 1994

(59 FR 55368). This final rule addresses

the comments which were received

during the public comment period and

announces USEPA’s final action on the