[Federal Register Volume 59, Number 93 (Monday, May 16, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-11752]


[[Page Unknown]]

[Federal Register: May 16, 1994]


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DEPARTMENT OF VETERANS AFFAIRS
 

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[MD16-1-5967; A-1-FRL-4884-4]

Approval and Promulgation of Air Quality Implementation Plans; 
Maryland Small Business Stationary Source Technical Environmental 
Compliance Assistance Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is approving a State Implementation Plan (SIP) revision 
submitted by the State of Maryland for the purpose of establishing a 
Small Business Stationary Source Technical and Environmental Compliance 
Assistance Program (PROGRAM). This SIP revision was submitted by the 
State to satisfy the Federal mandate of the Clean Air Act (``CAA'' or 
``the Act'') which lists specific program criteria to ensure that small 
businesses have access to the technical assistance and regulatory 
information necessary to comply with CAA. The rationale for EPA's 
approval is set forth in this document; additional information is 
available at the address indicated below. This action is being taken in 
accordance with CAA.
DATES: This final rule will become effective July 15, 1994 unless 
notice is received on or before June 15, 1994 that adverse or critical 
comments will be submitted. If the effective date is delayed, timely 
notice will be published in the Federal Register.

ADDRESSES: Comments may be mailed to Thomas J. Maslany, Director, Air, 
Radiation and Toxics Division, U.S. Environmental Protection Agency, 
Region III, 841 Chestnut Building, Philadelphia, PA 19107.
    Copies of the documents relevant to this action are available for 
public inspection during normal business hours at the Air, Radiation 
and Toxics Division, U.S. Environmental Protection Agency, Region III, 
841 Chestnut Building, Philadelphia, PA 19107; Air Docket, 6102, U.S. 
Environmental Protection Agency, 401 M Street, SW., Washington, DC 
20460; and Maryland Department of the Environment, Air and Radiation 
Management Association, 2500 Broening Highway, Baltimore, Maryland 
21224.

FOR FURTHER INFORMATION CONTACT: Makeba Morris at (215) 597-2923. U.S. 
Environmental Protection Agency, Region III (3AT11), 841 Chestnut 
Building, Philadelphia, PA 19107.

SUPPLEMENTARY INFORMATION:

I. Background

    Implementation of the provisions of 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, section 507 of 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, section 507 of CAA directs 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, 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.
    On November 13, 1992, the State of Maryland 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 business 
stationary sources in connection with the implementation of CAA; and 
(3) the creation of a Compliance Advisory Panel (CAP) to determine and 
report on the overall effectiveness of the SBAP and the state Small 
Business Ombudsman.

II. Analysis

1. Small Business Assistance Program

    Sections 1-402, 1-404 and 2-201 of the Code of Maryland authorizes 
the Secretary of the Maryland Department of the Environment (MDE) to 
establish a Small Business Stationary Source Technical and 
Environmental Compliance Assistance Program which meets the 
requirements of section 507 of CAA. In developing Maryland's PROGRAM 
submittal, the Secretary of MDE has delegated the majority of its 
functions to the Department of the Environment, Air Management 
Administration (AMA) which will establish a small business assistance 
office.
    Section 507(a) of CAA sets forth seven requirements that states 
must meet to have an approvable SBAP. Six requirements will be 
discussed in this section of this document, while the seventh 
requirement, establishment of a state Small Business Ombudsman, will be 
discussed in the next section.
    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 CAA. 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 State has met these first two requirements by charging the AMA 
SBAP with the responsibility of serving as a clearinghouse for 
information related to compliance methods and control technologies, 
pollution prevention and accidental release prevention and detection. 
Information on pollution prevention/accidental release will focus on 
the requirements under the accidental release provisions of title III 
of CAA, the Emergency Planning and Community Right-to-Know Act of 1986, 
the Occupational Safety and Health Administration (OSHA) process safety 
standards, using the Pollution Prevention Information Clearinghouse 
(PPIC) and the Chemical Emergency Preparedness and Prevention Office 
(CEPPO) as resources. Relevant clearinghouse material will be 
translated into layman's terms and organized into information packets. 
The AMA will also use as resources EPA's Control Technology Center 
(CTC), Emissions Measurement Technical Information Center (EMTIC), as 
well as other state organizations, such as the University of Maryland's 
Technology Extension Service. The AMA will work closely with other 
state agencies, particularly the Maryland Department of Economic and 
Employment Development (DEED) to optimize information exchange and 
program effectiveness. Information dissemination shall take two forms. 
The proactive portion of the program (Information Outreach Network) 
will utilize industry groups, trade associations, Maryland's Small 
Business Development Center (SBDC) and additional avenues as needed to 
disseminate information to eligible small business stationary sources. 
The AMA will also disseminate information in a reactive manner by 
establishing an Information Clearinghouse, via a toll-free telephone 
hotline, which will be responsible for answering questions directly or 
referring such questions to appropriate agency experts.
    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 CAA in a timely and efficient manner. The AMA 
has met this requirement by planning to develop pamphlets and 
information packets, as well as sponsoring seminars detailing general 
permit requirements, new and existing regulatory requirements and 
methods of pollution prevention and accidental release prevention and 
detection. These informational packages will be disseminated in a 
timely manner by the Information Outreach Network described in the 
preceding paragraph. Specific questions about permitting 
responsibilities and procedures will be directed to appropriate experts 
in the AMA.
    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 
CAA. 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 CAA. The AMA 
has met these requirements by planning to maintain a database of all 
small business stationary sources and small business membership groups 
subject to Federal and/or state requirements and notify these sources, 
in a timely manner by the proactive mechanisms described above, of 
rights and obligations under CAA. In support of said PROGRAM, the AMA 
will also conduct periodic surveys, to solicit feedback from the small 
business community. In addition, the AMA will provide material, through 
the Information Outreach Network and the Information Clearinghouse, on 
environmental auditors to assist small businesses in meeting the 
requirements of CAA. AMA staff will also be available to provide 
limited on-site assistance.
    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 practices or 
compliance methods. The AMA will meet this requirement by establishing 
a mechanism in accordance with section 507(a)(7) of CAA to receive, 
review and process requests for work practice, compliance method or 
milestone modifications.

2. Ombudsman

    Section 507(a)(3) of CAA requires the designation of a state office 
to serve as the Ombudsman for small business stationary sources. 
Maryland's Secretary of the Department of the Environment has 
designated the Office of Community Assistance to serve as Ombudsman for 
small business concerns as they relate to the SBAP. The Office of 
Community Assistance presently coordinates the Department outreach 
activities, and serves a problem mediation function for private 
citizens, industry, and local organizations, etc. The Ombudsman will be 
readily accessible to small businesses and, on their behalf, be 
authorized to provide reports to and communicate with state air 
pollution control authorities and the Secretary of the Department of 
the Environment. It is anticipated that the Ombudsman's office will be 
adequately staffed and funded to fulfill its function with existing 
personnel.

3. Compliance Advisory Panel

    Section 507(e) of CAA requires the state to establish a Compliance 
Advisory Panel (the 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 Compliance Advisory Panel will be established by 
the Governor of the State of Maryland, through an executive order to be 
issued no later than September 1, 1994. The Panel will include seven 
members who will be chosen consistent with the requirements of section 
507(e) of the CAA.
    In addition to establishing the minimum membership of the CAP, CAA 
delineates four responsibilities of the Panel: (A) To render advisory 
opinions concerning the effectiveness of the SBAP, difficulties 
encountered and the degree and severity of enforcement actions; (B) to 
review and assure that information for small business stationary 
sources is easily understandable; (C) to develop and disseminate the 
reports and advisory opinions made through the SBAP; and (D) 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 Act. (Section 507(e)(1)(B) requires 
the CAP to report on the compliance of the SBAP with these three 
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.)
    Upon review of the November 13, 1992 formal SIP revision submittal 
EPA has determined that Maryland specifically satisfies these 
requirements. Section 4.0 of the SIP revision states that: (1) The CAP 
will render advisory opinions concerning measures to enhance the 
effectiveness of the program; (2) prepare periodic reports to the EPA 
on compliance status of the program with the Federal Paperwork 
Reduction Act, the Regulatory Flexibility Act and the Equal Access to 
Justice Act; and (3) review information directed to small businesses 
stationary sources to assure such information is understandable to the 
layperson. The SBAP will serve as the Secretariat for the development 
and dissemination of Panel reports and advisory opinions.
    The Compliance Advisory Panel will be established by the Governor 
of the State of Maryland, through an executive order to be issued no 
later than September 1, 1994. If the executive order for the 
establishment of the Compliance Advisory Panel is not issued by 
September 1, 1994, the EPA will issue a SIP call, pursuant to 
110(k)(5), to ensure its timely issuance.

4. Eligibility

    Section 507(c)(1) of 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.
    Except for source categories which the EPA Administrator or the 
State of Maryland determines (in accordance with sections 507(c)(3)(A) 
and (B)), to have sufficient financial and technical capabilities to 
meet the requirements of the Act without PROGRAM assistance, all small 
business stationary sources located in Maryland will be eligible to 
receive assistance under the PROGRAM. Maryland's PROGRAM criteria for 
defining a ``small business stationary source'' is equivalent to the 
criteria listed in section 507(c)(1) of CAA. The State of Maryland has 
not provided for the extension of eligibility for assistance under the 
PROGRAM beyond the requirements of sections 507(c)(1)(C)-(E). However, 
the State may provide ``unofficial'' program assistance to any source 
that requests help if resources are available.

III. Summary of SIP Revision

    The State of Maryland has submitted a SIP revision implementing 
each of the PROGRAM elements required by section 507 of CAA. The Small 
Business Assistance Program (SBAP) will be administered by the Maryland 
Department of the Environment (MDE), Air and Radiation Management 
Administration. Program implementation will begin no later than 
November 15, 1994. The Compliance Advisory Panel will be established by 
the Governor of the State of Maryland through an executive order to be 
issued no later than September 1, 1994. The Panel will be appointed by 
no later than November 15, 1994. By this action, EPA is hereby 
approving the SIP revision submitted by the State of Maryland. 
Accordingly, Sec. 52.1110 is added to 40 CFR part 52, subpart V in 
order to reflect EPA's approval action and the fact that it is 
considered part of the Maryland SIP.
    EPA is approving this SIP revision without prior proposal because 
the Agency views this as a noncontroversial amendment and anticipates 
no adverse comments. This action will be effective July 15, 1994 
unless, by June 15, 1994, notice is received that adverse or critical 
comments will be submitted. If such notice is received, this action 
will be withdrawn before the effective date by simultaneously 
publishing two subsequent documents. One document will withdraw the 
final action and another will begin a new rulemaking by announcing a 
proposal of the action and establishing a comment period. If no such 
comments are received, the public is advised that this action will be 
effective on July 15, 1994.

IV. Final Action

    The Agency has reviewed Maryland's request for revision of its 
federally-approved SIP and found it to be in conformance with CAA, 
including sections 507 and 110(a)(2)(E) thereof. EPA is approving 
Maryland's plan for the establishment of a Small Business Stationary 
Source Technical and Environmental Compliance Assistance Program. 
Accordingly, Sec. 52.1110 is added to 40 CFR part 52, subpart V-
Maryland to reflect EPA's approval action.
    Nothing in this action should be construed as permitting or 
allowing or establishing a precedent for any future request for 
revision to any state implementation plan. Each request for revision to 
the state implementation plan 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, 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 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 EPA's approval of 
this program does not impose any new regulatory requirements on small 
businesses, the Administrator certifies that it does not have a 
economic impact on any small entities affected.
    This action has been classified as a Table 2 action for signature 
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 
Table 3 SIP revisions from the requirements 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 3 SIP revisions. The OMB has 
agreed to continue the waiver until such time as it rules on EPA's 
request. This request is still applicable under Executive Order 12866, 
which superseded Executive Order 12291 on September 30, 1993.
    Under section 307(b)(1) of CAA, petitions for judicial review of 
this action to approve the Maryland Small Business Stationary Source 
Technical and Environmental Compliance Assistance Program must be filed 
in the United States Court of Appeals for the appropriate circuit by 
[Insert date 60 days from date of publication]. 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, Small business 
assistance program.

    Dated: December 30, 1993.
Elaine B. Wright,
Acting Regional Administrator, Region III.

    40 CFR part 52 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 V--Maryland

    2. Section 52.1110 is added to subpart V to read as follows:


Sec. 52.1110  Small business stationary source technical and 
environmental compliance assistance program.

    On November 13, 1992 the Acting Director of the Air and Radiation 
Management Administration, Maryland Department of the Environment 
submitted a plan for the establishment and implementation of a Small 
Business Stationary Source Technical and Environmental Compliance 
Assistance Program as a state implementation plan (SIP) revision, as 
required by title V of the Clean Air Act Amendments. EPA approved the 
Small Business Stationary Source Technical and Environmental Compliance 
Assistance Program on [Insert date of publication] and made it part of 
the Maryland SIP. As with all components of the SIP, Maryland must 
implement the program as submitted and approved by EPA.
[FR Doc. 94-11752 Filed 5-13-94; 8:45 am]
BILLING CODE 6560-50-F