[Federal Register Volume 59, Number 19 (Friday, January 28, 1994)]
[Unknown Section]
[Page ]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-1958]


[Federal Register: January 28, 1994]


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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52

[CO20-1-6253; FRL-4830-6]


Clean Air Act Approval and Promulgation of Title V, Section 507, 
Small Business Assistance Program Plan for the State of Colorado

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: On November 26, 1993, EPA published the notice of proposed 
rulemaking to approve the State Implementation Plan (SIP) revision 
submitted by the State of Colorado for the purpose of establishing a 
Small Business Assistance Program (PROGRAM) in the State. The 
implementation plan was submitted by the State to satisfy the Federal 
mandate, found in section 507 of the Clean Air Act (Act), to ensure 
that small businesses have access to the technical assistance and 
regulatory information necessary to comply with the Act. The rationale 
for the approval was set forth in the proposal. No comments were 
received pursuant to this proposed action. Therefore, EPA is proceeding 
with its approval of the revision to the Colorado SIP for establishing 
a PROGRAM in the State.

EFFECTIVE DATE: This rule will become effective on February 28, 1994.

FOR FURTHER INFORMATION CONTACT: Laura Farris, Mail Code-8ART-AP, USEPA 
Region VIII, 999 18th Street, Suite 500, Denver, Colorado 80202-2405, 
(303) 294-7539.

SUPPLEMENTARY INFORMATION:

I. Background

    Implementation of the provisions of the Clean Air Act (Act), 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 Act requires that states 
adopt a PROGRAM, and submit this PROGRAM as a revision to the federally 
approved SIP. In addition, the Act directs the Environmental Protection 
Agency (EPA) to oversee these 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 Act. In February 1992, 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 Colorado has submitted a SIP revision to 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 
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.

II. Summary of Submittal

    The State of Colorado has met all of the requirements of section 
507 by submitting a SIP revision that implements all required PROGRAM 
elements. At a public hearing held before the Colorado Air Quality 
Control Commission (Commission) on October 15, 1992, the plan for the 
PROGRAM was approved. A notice of approval dated October 30, 1992, was 
issued by the Technical Secretary of the Commission adopting the 
PROGRAM plan. Legal authority to implement the PROGRAM was obtained 
through Senate Bill 105 and is contained in the Colorado Act (ACT) 
Section 25-7-109.2. The collection of fees to cover the cost of 
implementing the PROGRAM is contained in the ACT Section 25-7-114.7. 
The Colorado PROGRAM was submitted to EPA by the Governor of Colorado 
on November 18, 1992, and was initially reviewed for administrative and 
technical completeness. In a letter dated December 23, 1992, EPA 
requested additional information from the State in order to make a 
positive determination on the submittal. After receiving the additional 
information on January 7, 1993, EPA notified the State in a letter 
dated January 26, 1993, that the submittal was administratively and 
technically complete. The submittal then underwent review by EPA 
headquarters, and received a concurrence from all reviewers.
    The State has met the first PROGRAM element by committing in its 
PROGRAM plan pages 6 through 9 to meet the six requirements set forth 
in section 507(a)(3) for the Small Business Assistance Program. 
Additionally, a task force has been established to examine options for 
implementation of these six requirements, and prepare a report 
containing its recommendations. The State has met the second PROGRAM 
element by locating the position of the Small Business Ombudsman in the 
Office of Regulatory Reform, as specified in Section 25-7-109.2(5) of 
the ACT, and by outlining the powers and duties of the Ombudsman on 
pages 4 and 5 of its PROGRAM plan. The State has met the third PROGRAM 
element by establishing a Small Business Compliance Advisory Panel in 
the State of Colorado, as specified in Section 25-7-109.2(2) of the 
ACT, and by outlining in its PROGRAM plan on pages 5 and 6 the 
functions of the CAP and how the members will be determined, which is 
consistent with section 507(e). Additionally, the State of Colorado 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 
Act. This mechanism is located on pages 2 and 3 of the State's PROGRAM 
plan.

III. Final Action

    EPA is approving the SIP revision submitted by the State of 
Colorado. The revision was made to satisfy the requirements of section 
507 of the Act.
    This action has been classified as a Table 3 action by the Acting 
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 3 of Executive 
Order 12291 for a period of 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 EPA's 
request. This request continues in effect under Executive Order 12866 
which superseded Executive Order 12291 on September 30, 1993.
    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, EPA is approving a State program created for the 
purpose of assisting small businesses in complying with existing 
statutory and regulatory requirements. This program does not impose any 
new regulatory burdens 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.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control.

    Dated: January 14, 1994.
Jack W. McGraw,
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 asfollows:

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

Subpart G--Colorado

    2. Section 52.347 is added to read as follows:


Sec. 52.347  Small business assistance program plan.

    The Governor of Colorado submitted on November 18, 1992 a plan to 
develop and implement a Small Business 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. 94-1958 Filed 1-27-94; 8:45 am]
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