[Federal Register Volume 59, Number 120 (Thursday, June 23, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-15257]


[[Page Unknown]]

[Federal Register: June 23, 1994]


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ENVIRONMENTAL PROTECTION AGENCY
 

40 CFR Part 52

[OK-9-1-5731a; FRL-4999-5]

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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The EPA is approving the State Implementation Plan (SIP) 
revision submitted by the State of Oklahoma for the purpose of 
establishing a Small Business Stationary Source Technical and 
Environmental Compliance Assistance Program. The SIP revision was 
submitted by the State to satisfy the Federal mandate, found in the 
Clean Air Act (CAA), to ensure that small businesses have access to the 
technical assistance and regulatory information necessary to comply 
with the CAA. The rationale for the approval is set forth in this 
document; additional information is available at the address indicated 
in the addresses section.

DATES: This final rule will become effective on August 22, 1994, unless 
adverse or critical comments are received by July 25, 1994. If the 
effective date is delayed, timely notice will be published in the 
Federal Register.

ADDRESSES: Written comments on this action should be addressed to Mr. 
Thomas Diggs, Chief (6T-AP), Planning Section, at the EPA Regional 
Office listed below. Copies of the documents relevant to this action 
are available for public inspection during normal business hours at the 
following locations. The interested persons wanting to examine these 
documents should make an appointment with the appropriate office at 
least 24 hours before the visiting day.
    U.S. Environmental Protection Agency, Region 6, Air Programs Branch 
(6T-AP), 1445 Ross Avenue, suite 700, Dallas, Texas 75202-2733.
    Air and Radiation Docket and Information Center, U.S. Environmental 
Protection Agency, 401 M Street, SW., Washington, DC 20460.
    Oklahoma Department of Environmental Quality, Air Quality Program, 
4545 North Lincoln Blvd., suite 250, Oklahoma City, Oklahoma 73105-
3483.

FOR FURTHER INFORMATION CONTACT: Dr. John Crocker, Planning Section 
(6T-AP), Air Programs Branch, U.S. Environmental Protection Agency, 
Region 6, 1445 Ross Avenue, Dallas, Texas 75202-2733, Telephone (214) 
655-7596.

SUPPLEMENTARY INFORMATION:

I. Background

    Implementation of the provisions of the CAA, as amended in 1990, 
will require regulation of many small businesses so that areas may 
attain and maintain the National ambient air quality standards (NAAQS) 
and reduce the emissions of air toxics. Small businesses frequently 
lack the technical expertise and financial resources necessary to 
evaluate such regulations and to determine the appropriate mechanisms 
for compliance. In anticipation of the impact of these requirements on 
small businesses, the CAA requires that States adopt a Small Business 
Stationary Source Technical and Environmental Compliance Assistance 
Program (PROGRAM), and submit this PROGRAM as a revision to the 
federally approved SIP. In addition, the CAA directs the EPA to oversee 
these small business assistance programs and report to Congress on 
their implementation. The requirements for establishing a PROGRAM are 
set out in section 507 of title V of the CAA. In February 1992, the EPA 
issued ``Guidelines for the Implementation of Section 507 of the 1990 
Clean Air Act Amendments'', in order to delineate the Federal and State 
roles in meeting the new statutory provisions and as a tool to provide 
further guidance to the States on submitting acceptable SIP revisions.
    The State of Oklahoma 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 Oklahoma has met all of the requirements of section 
507 by submitting a SIP revision that implements all required PROGRAM 
elements. House Bill 2251 (Oklahoma Clean Air Act of 1992), signed into 
law on May 15, 1992, provides authority for the Oklahoma State 
Department of Health to establish a PROGRAM. In addition, House Bill 
2227 (Oklahoma Environmental Quality Act), signed into law on June 12, 
1992, authorizes the creation of the Oklahoma Department of 
Environmental Quality (ODEQ).
    The State held a public hearing on August 11 and on September 15, 
1992, to consider public comments on the proposed PROGRAM, which will 
amend the Oklahoma SIP to add Chapter 11, entitled ``The Oklahoma Small 
Business Stationary Source Assistance Program''. The proposed SIP 
revision was adopted October 13, 1992, by the Oklahoma Air Quality 
Council. The Oklahoma PROGRAM was submitted to the EPA by the Governor 
of Oklahoma on November 19, 1992 as a revision to the Oklahoma SIP. 
Supplemental information was submitted on December 11 and 14, 1992; and 
January 7, 1993. It was initially reviewed for completeness, and was 
determined complete on January 15, 1993. On July 1, 1993, the Oklahoma 
State Department of Health, Environmental Health Services, reorganized 
and is now called the ODEQ. 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, Chapter 11.III ``Organizational Structure'', and IV 
``Program Elements'', to establish a SBAP in the Oklahoma State 
Department of Health, Pollution Prevention Section. (Details are 
presented in EPA's Technical Support Document and the State's 
submittal.) It will be administered by an environmental specialist 
supervisor. Under the July 1993 reorganization, this structure became 
the Small Business Assistance Program within the Customer Services 
Division of the ODEQ.
    a. Section 507(a) sets forth six requirements1 that the State 
must meet to have an approvable SBAP. The first requirement is to 
establish adequate mechanisms for developing, collecting and 
coordinating information concerning compliance methods and technologies 
for small business stationary sources, and programs to encourage lawful 
cooperation among such sources and other persons to further compliance 
with the Act.
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    \1\A seventh requirement of section 507(a), establishment of an 
Ombudsman office, is discussed in the next section.
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    The State has met this requirement. The Pollution Prevention 
Section/Small Business Assistance Program of the Air Quality Service 
will be charged with the duties of collecting, developing and 
coordinating information on compliance methods for small business 
stationary sources. Initially located within the Air Monitoring and 
Analysis Division of the Service, this section will act as a 
clearinghouse for handling inquiries from small businesses regarding 
methods for complying with the provisions of the Federal and State 
Clean Air Acts and applicable rules and regulations. A separate 
telephone line has been established for this purpose. The clearinghouse 
will utilize technical experts within the State, Oklahoma City-County, 
or Tulsa City-County Air Pollution Control Agencies as the primary 
resources for the necessary information.
    In the event that these experts cannot provide adequate 
information, the clearinghouse will attempt to obtain the necessary 
information from other sources. These sources will include but are not 
limited to established EPA technical support and informational 
services, electronic bulletin boards, EPA regional offices, other State 
air programs, private industry, and professional associations. (The 
proposed flow of Oklahoma's Compliance and Technology Information 
System is shown in Figure 3 of the SIP.)
    The Pollution Prevention Section/SBAP will also be responsible for 
notifying small businesses of their obligations under the Act. It will 
develop informational packets in language easily understandable to the 
layman, which provide compliance and technical information applicable 
to affected small businesses. Information will be made available to 
small businesses, trade associations, and other industry groups through 
an outreach program. When specific needs arise, this section will also 
be responsible for sponsoring seminars and/or training workshops to 
inform small businesses of their obligations.
    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.
    The State has met this requirement. The clearinghouse established 
within the Pollution Prevention Section/SBAP of the Oklahoma Air 
Quality Service will also be used as a means to provide information to 
small businesses on pollution prevention (as defined in the Pollution 
Prevention Act of 1990), and Accidental Release Prevention Provisions 
contained in title III of the amendments. The flow of information will 
be handled in a manner similar to the dissemination of compliance and 
technological information discussed above, including an outreach 
program. The staff of this section should be able to answer questions 
related to pollution prevention or accidental releases from small 
businesses or refer these questions to specialists within the various 
environmental services with the ODEQ (formerly the Oklahoma State 
Department of Health). If the questions cannot be answered at this 
level, the clearinghouse will coordinate with (or refer the small 
business to) other sources of information, including but not limited 
to:

    (i) Oklahoma Department of Pollution Control;
    (ii) Oklahoma Department of Labor;
    (iii) EPA Region 6;
    (iv) EPA Control Technology Center;
    (v) EPA Pollution Prevention Office;
    (vi) EPA Emission Measurement Technical Information Center;
    (vii) EPA Office of Research and Development;
    (viii) National Roundtable of State Pollution Prevention Programs;
    (ix) EPA's Pollution Prevention Information Clearinghouse;
    (x) EPA's Chemical Emergency Preparedness and Prevention Office;
    (xi) EPA's Chemical Accident Prevention Program;
    (xii) EPA's Emergency Planning and Community Right-To-Know Hotline;
    (xiii) Occupational Safety and Health Administration; and
    (xiv) Professional societies.
A log of all inquiries by small businesses and their resolution will be 
kept by the Pollution Prevention Section/SBAP for review by the 
Compliance Advisory Panel, Ombudsman, or the Chief of Air Quality 
Service.
    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 Act in a timely and efficient manner.
    The State has met this requirement. The Pollution Prevention 
Section/SBAP of the Air Quality Service will perform the following 
duties in providing compliance assistance to small businesses:

    (i) Provide advice in interpretation of applicable SIP requirements 
including identifying applicable rules; determining if a permit is 
needed; and identifying alternatives for achieving compliance.
    (ii) Explain permitting procedures such as fees, when/where to 
apply, the length of time necessary to receive a permit, the 
consequences of operating in violation, fines, and appeal procedures.

The Pollution Prevention Section/SBAP will rely heavily on the staff of 
the Permit, Enforcement, and Inventory sections of the Oklahoma Air 
Quality Service for the expertise necessary to provide such assistance 
to small businesses.
    d. The fourth requirement is to develop adequate mechanisms to 
assure that small business stationary sources receive notice of their 
rights under the Act in such manner and form as to assure reasonably 
adequate time for such sources to evaluate compliance methods and any 
relevant or applicable proposed or final regulation or standards issued 
under the Act.
    The State has met this requirement. The Pollution Prevention 
Section/SBAP will be responsible for notifying small businesses of 
their rights under the Act. Fact sheets or pamphlets will be prepared 
in an easy to read format. Subject matter will include but not be 
limited to the following:

    (i) Small businesses legal recourse should they be notified of a 
SIP violation;
    (ii) The opportunity for a small business to petition the State to 
be classified as a ``small business'' in accordance with section 
507(c)(2) of the CAA;
    (iii) The opportunity for a small business to have their permit 
fees reduced in accordance with section 507(f) of the CAA; and
    (iv) The availability of technical and compliance assistance from 
Oklahoma's SBAP.
    These pamphlets will be distributed prior to the initiation of the 
permit program to all applicable small businesses identified in 
Oklahoma's Local Emission Data System. They will also be made available 
to trade associations, Chambers of Commerce, State Department of 
Commerce, etc. Field enforcement personnel of the Air Quality Service 
will be trained in these matters so that they will be able to properly 
inform a small business of its rights during a site visit. This 
information will also be available through agency sponsored workshops 
and seminars.
    The Ombudsman will provide oversight of this and other functions of 
Oklahoma's SBAP to ensure that interests of small businesses in these 
matters are adequately represented.
    e. 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 State has met this requirement. As stated above in the 
discussion concerning the first requirement, the Pollution Prevention 
Section/SBAP will also be responsible for notifying small businesses of 
their obligations under the Act. It will develop informational packets 
in language easily understandable to the layman, which provide 
compliance and technical information applicable to affected small 
businesses. Information will be made available to small businesses, 
trade associations, and other industry groups through an outreach 
program. When specific needs arise, this section will also be 
responsible for sponsoring seminars and/or training workshops to inform 
small businesses of their obligations.
    Upon request of a small business stationary source, the Pollution 
Prevention Section/SBAP will provide a listing of auditors who have 
notified the Chief of Air Quality Service that they are qualified to 
perform audits/inspections of a source to determine compliance with 
applicable Air Quality rules. Such a listing will be prepared and 
periodically updated by the Pollution Prevention Section/SBAP of the 
Oklahoma Air Quality Service. Small business sources will also be 
subject to regular inspections of State and local Air Pollution Control 
Enforcement personnel, for the purpose of determining compliance 
status. The State cannot grant immunity to small businesses found to be 
in noncompliance, but will provide technical assistance and advice in 
resolving any problems.
    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. Upon recommendation of the 
Compliance Advisory Panel, the Oklahoma Air Quality Council will in 
public hearing consider 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. These requests are to be based on the 
technological and financial capability of the source.
    No such modification may be granted unless it is in compliance with 
applicable requirements that are specified in Federal regulations. Only 
modifications authorized in such regulations may be allowed. Hearings 
will be held in accordance with the procedures of the Oklahoma 
Administrative Procedures and Clean Air Acts, as well as the CAA, 
allowing for adequate public notice and the consideration of public 
comment by Council.
    Initial requests for modifications of work practices or 
technological methods should be directed to the Panel in care of the 
Chief of the Oklahoma Air Quality Service. The request at minimum 
should include:

    (i) The name, address, and location of the source;
    (ii) Evidence that the source qualifies as a ``small business'' as 
defined in section 507(c) of the CAA (see Figure 4 of the SIP for 
further details);
    (iii) The financial or technological reasons for the modifications;
    (iv) A description of the proposed modification.
    The SBAP core portion of the PROGRAM will be staffed with 5 
positions. Currently, the State has staffed and initiated the SBAP. 
Most of the assistance provided to small businesses will be managed by 
this group of staff members with assistance and input from the Small 
Business Ombudsman's Office. Chapter 11.IV of the SIP describes the 
details of the SBAP, which meet the six requirements set forth in 
section 507(a), and stated above.
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 the Oklahoma Ombudsman Office for Small Businesses 
within the Office of the Deputy Commissioner for Environmental Health 
Services, of the Oklahoma State Department of Health, as stated in 
Chapter 11.III of its SIP revision. 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. On July 1, 1993, the Oklahoma State Department of Health, 
Environmental Health Services, reorganized and is now called the ODEQ. 
The Deputy Commissioner for Environmental Health Services is now the 
Executive Director, ODEQ. Section 15B of the Oklahoma Clean Air Act of 
1992 creates the State Ombudsman Office and enumerates its duties.
    It shall be the responsibility of the Ombudsman Office to monitor 
the PROGRAM. The Office shall:
    a. Evaluate and report on all aspects of the PROGRAM including, but 
not limited to: (i) Comments and recommendations to the EPA and the 
State regarding development and implementation of regulations; (ii) the 
impact of the Oklahoma Clean Air Act and the Federal CAA on the State's 
economics, local economics and small businesses; (iii) review the work 
and services of the PROGRAM with trade associations and small business 
representatives;
    b. Interact with the State and small businesses to: (i) Facilitate 
small business participation in new regulation development; (ii) 
disseminate information; (iii) sponsor meetings; and (iv) refer small 
businesses to the appropriate areas of the PROGRAM where they may 
obtain information on assistance or find affordable alternatives in 
controlling emissions and precluding accidental releases; and
    c. Interface with: (i) The Small Business Administration, the 
Department of Commerce and other State, local, regional and Federal 
agencies which have programs to finally assist small businesses in 
compliance with environmental regulations; and (ii) private sector 
financial institutions in locating sources of funds to comply with 
State-local air pollution regulations.
    Sufficient resources will be provided to the State Ombudsman's 
Office to enable it to discharge its responsibilities effectively. 
Provisions have been made to provide the Ombudsman with direct access 
to the government agencies and officials necessary to ensure that the 
concerns of small businesses will be heard. Further, the Ombudsman is 
vested with sufficient authority to identify and propose solutions to 
small business problems as they relate to the implementation of the 
CAA.
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 EPA concerning the SBAP's 
adherence to the principles of the Paperwork Reduction Act, the Equal 
Access to Justice Act, and the Regulatory Flexibility Act2; (3) to 
review and assure that information for small business stationary 
sources is easily understandable; and (4) to develop and disseminate 
the reports and advisory opinions made through the SBAP.
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    \2\Section 507(e)(1)(B) of the CAA requires the CAP to report on 
the compliance of the SBAP with these three Federal statutes. 
However, since State agencies are not required to comply with them, 
EPA believes that the State PROGRAM must merely require the CAP to 
report on whether the SBAP is adhering to the general principles of 
these Federal statutes.
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    The State has met these requirements: (A) By enacting the State law 
creating the CAP and providing it with the enumerated responsibilities; 
and (B) by committing to appoint members to the Panel by November 1994. 
Sections 15C.-F. of the Oklahoma Clean Air Act of 1992 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 Department through the SBAP office under the 
supervision of the Chief of Air Quality Service (now called the Air 
Quality Program), who shall serve as secretary to the Panel. Section 
8A.3. of the Oklahoma Act authorizes the Chief to serve as secretary 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 Chapter 11.II, 
III, and V 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 Oklahoma 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 Chapter 
11.IV.F of the State's SIP revision.
    The State of Oklahoma 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. This provision is contained 
in Chapter 11.IV.F of the State's SIP revision.
    The State of Oklahoma has 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. This provision is contained in Chapter 11.IV.F of the State's SIP 
revision.

III. Final Action

    In this action, the EPA is approving the SIP revision submitted by 
the State of Oklahoma for establishing a Small Business Stationary 
Source Technical and Environmental Compliance Assistance Program.
    The State of Oklahoma 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 Oklahoma 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 
staffed and initiated the SBAP (i.e., in the State Pollution Prevention 
Section), designated the State Office to serve as Small Business 
Ombudsman, 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 August 22, 1994 unless, by July 25, 
1994, adverse or critical comments are received.
    If the EPA receives such comments, this action will be withdrawn 
before the effective date by publishing a subsequent document that will 
withdraw the final action. All public comments received will then be 
addressed in a subsequent final rule based on this action serving as a 
proposed rule. The EPA will not institute a second comment period on 
this action. Any parties interested in commenting on this action should 
do so at this time. If no such comments are received, the public is 
advised that this action will be effective August 22, 1994.
    The EPA has reviewed this request for revision of the federally-
approved SIP for conformance with the provisions of the 1990 Clean Air 
Act Amendments enacted on November 15, 1990. The EPA has determined 
that this action conforms with those requirements.
    Nothing in this action should be construed as permitting or 
allowing or establishing a precedent for any future request for 
revision to any SIP. Each request for revision to the SIP shall be 
considered separately in light of specific technical, economic, and 
environmental factors, and in relation to relevant statutory and 
regulatory requirements.
    Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA 
must prepare a regulatory flexibility analysis assessing the impact of 
any proposed or final rule on small entities. 5 U.S.C. 603 and 604. 
Alternatively, EPA may certify that the rule will not have a 
significant impact on a substantial number of small entities. Small 
entities include small businesses, small not-for-profit enterprises, 
and government entities with jurisdiction over populations of less than 
50,000.
    By this action, the EPA is approving a State program created for 
the purpose of assisting small businesses in complying with existing 
statutory and regulatory requirements. The program being approved in 
this action does not impose any new regulatory burden on small 
businesses; it is a program under which small businesses may elect to 
take advantage of assistance provided by the state. Therefore, because 
the EPA's approval of this program does not impose any new regulatory 
requirements on small businesses, I certify that it does not have a 
significant economic impact on any small entities affected.
    This action has been classified as a Table 2 action by the Regional 
Administrator under the procedures published in the Federal Register on 
January 19, 1989 (54 FR 2214-2225), as revised by an October 4, 1993, 
memorandum from Michael H. Shapiro, Acting Assistant Administrator for 
Air and Radiation. A future document will inform the general public of 
these tables. On January 6, 1989, the Office of Management and Budget 
(OMB) waived Table 2 and 3 SIP revisions (54 FR 2222) from the 
requirements of section 3 of Executive Order 12291 for two years. The 
EPA has submitted a request for a permanent waiver for Table 2 and 
Table 3 SIP revisions. The OMB has agreed to continue the waiver until 
such time as it rules on the EPA's request. This request continues in 
effect under Executive Order 12866 which superseded Executive Order 
12291 on September 30, 1993.
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by August 22, 1994. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this rule for the purposes of judicial 
review nor does it extend the time within which a petition for judicial 
review may be filed, and shall not postpone the effectiveness of such 
rule or action. This action may not be challenged later in proceedings 
to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Small business assistance program.

    Note: Incorporation by reference of the SIP for the State of 
Oklahoma was approved by the Director of the Federal Register on 
July 1, 1982.

    Dated: June 3, 1994.
Myron O. Knudson,
Acting Regional Administrator (6A).

    Part 52, chapter I, title 40 of the Code of Federal Regulations is 
amended as follows:

PART 52--[AMENDED]

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

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

Subpart LL--Oklahoma

    2. Section 52.1920 is amended by adding paragraph (c)(45) to read 
as follows:


Sec. 52.1920  Identification of plan.

* * * * *
    (c) * * *
    (45) The State is required to implement a Small Business Stationary 
Source Technical and Environmental Compliance Assistance Program as 
specified in the plan revision submitted by the Governor on November 
19, 1992. This plan submittal, as adopted by the Oklahoma Air Quality 
Council on October 13, 1992, was developed in accordance with section 
507 of the Clean Air Act.
    (i) Incorporation by reference.
    (A) Enrolled House Bill No. 2251 (Oklahoma Clean Air Act of 1992), 
signed into law by the Governor on May 15, 1992 and effective upon 
signature. Included in this Act are provisions establishing a small 
business stationary source compliance assistance program; creating the 
State Ombudsman Office for small business; establishing Ombudsman 
duties; creating a Compliance Advisory Panel; establishing membership 
of Panel; and establishing Panel duties.
    (B) Enrolled House Bill No. 2227 (Oklahoma Environmental Quality 
Act), signed into law by the Governor on June 12, 1992 and effective 
upon signature, authorizing the creation of the Oklahoma Department of 
Environmental Quality (ODEQ).
    (ii) Additional material.
    (A) Revision entitled, ``The Oklahoma Small Business Stationary 
Source Assistance Program, Chapter 11 of the State Implementation Plan, 
October 13, 1992.''
    3. Section 52.1935 is added to subpart LL to read as follows:


Sec. 52.1935  Small business assistance program.

    The Governor of Oklahoma submitted on November 19, 1992 a plan 
revision to develop and implement a Small Business Stationary Source 
Technical and Environmental Compliance Assistance Program to meet the 
requirements of section 507 of the Clean Air Act by November 15, 1994. 
The plan commits to provide technical and compliance assistance to 
small businesses, hire an Ombudsman to serve as an independent advocate 
for small businesses, and establish a Compliance Advisory Panel to 
advise the program and report to EPA on the program's effectiveness.
[FR Doc. 94-15257 Filed 6-22-94; 8:45 am]
BILLING CODE 6560-50-F