[Federal Register Volume 59, Number 158 (Wednesday, August 17, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-20148]


[[Page Unknown]]

[Federal Register: August 17, 1994]


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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52

[DC16-1-6286a, A-1-FRL-5052-6]

 

Approval and Promulgation of Air Quality Implementation Plans; 
District of Columbia-Small Business Stationary Source Technical and 
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 District of Columbia for the purpose of establishing a 
Small Business Stationary Source Technical and Environmental Compliance 
Assistance Program (PROGRAM). This SIP revision was submitted by the 
District to satisfy the Federal mandate of the Clean Air Act (CAA) to 
ensure that small businesses have access to the technical assistance 
and regulatory information necessary to comply with the CAA. The 
rational for approval is set forth in this document; additional 
information is available at the address indicated in the Addresses 
section. This action is being taken in accordance with section 110 of 
the CAA.
DATES: This final rule is effective on October 17, 1994 unless adverse 
or critical comments are received by September 16, 1994. 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; District of Columbia 
Environmental Regulation Administration, 2100 Martin Luther King, Jr., 
Avenue, SE., room 203, Washington, DC 20020.

FOR FURTHER INFORMATION CONTACT: Jennifer M. Abramson, (215) 597-2923.

SUPPLEMENTARY INFORMATION:

I. Background

    Implementation of the provisions the CAA will require regulation of 
many small businesses so that areas may attain and maintain the 
National ambient air quality standards (NAAQS) and reduce the emission 
of air toxics. Small businesses frequently lack the technical expertise 
and financial resources necessary to evaluate such regulations and to 
determine the appropriate mechanisms for compliance. In anticipation of 
the impact of these requirements on small businesses, the CAA requires 
that states adopt a Small Business Stationary Source Technical and 
Environmental Compliance Assistance Program, and submit this PROGRAM as 
a revision to the federally approved SIP. In addition, the CAA directs 
EPA to oversee these small business assistance programs and report to 
Congress on their implementation. The requirements for establishing a 
PROGRAMare 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 October 22, 1993, the District of Columbia submitted a formal 
revision to its SIP. The SIP revision consists of a plan for 
establishing a PROGRAM. In order to gain full approval, the District's 
submittal must provide for each of the following program elements: (1) 
The establishment of a Small Business Assistance Program (SBAP) to 
provide technical and compliance assistance to small businesses; (2) 
the establishment of a District 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. The plan must include 
the duties, funding, and schedule of implementation for the three 
program components. The plan must also determine the eligibility of 
small business stationary sources for assistance in the program.
    The District's plan for the establishment of a Small Business 
Assistance Program (SBAP) and Ombudsman was adopted and will be 
implemented pursuant to the authority vested in the Mayor by section 
422(6) of the District of Columbia Self Government and Governmental 
Reorganization Act of 1973, as amended (1992), D.C. Code sections 1-242 
(6), (11) and (12), 6-901, 6-902 and 6-903. The creation and 
administration of the Compliance Advisory Panel will be accomplished by 
Mayoral order.
    Milestones for implementing the essential elements of the 
District's PROGRAM are included as part of the SIP revision submittal. 
The District has committed to establishing a SBAP, administered by the 
Air Resources Management Division of the Environmental Regulation 
Administration, by September 1, 1993. In January, 1994 the District 
appointed a small business representative to coordinate SBAP 
activities. Eligibility for assistance under the SBAP will be 
determined by the criteria outlined in the PROGRAM submittal. Full SBAP 
implementation will begin no later than November 15, 1994. The District 
has committed to establishing an Ombudsman's office, to be located in 
the Office of the Administrator of the Environmental Regulation 
Administration, by September 1, 1993. The Ombudsman will complete the 
first annual review of the SBAP by November 15, 1994. A Mayoral Order 
establishing the creation and administration of the Compliance Advisory 
Panel was issued on November 3, 1992. The District has committed to 
convening its CAP by June 1, 1993. The CAP will submit its first annual 
report to EPA by November 15, 1994.

II. Analysis of SIP Revision

    Section 507(a) of the CAA sets forth seven requirements that the 
District must meet to have an approvable SBAP. Six of the 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.

1. Small Business Assistance Program

    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 
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 
District has met these requirements by establishing a SBAP, 
administered by the District of Columbia Air Resources Management 
Division (ARMD). The ARMD SBAP has the responsibility of collecting and 
coordinating information concerning compliance methods and acceptable 
control technologies for small business stationary sources. The ARMD 
will also work closely with the Office of Emergency Preparedness and 
other District organizations in coordinating information exchange 
regarding alternative technologies, process changes, products and other 
methods of pollution prevention and accidental release prevention and 
detection. The dissemination of SBAP information shall take two forms. 
Technical and compliance information will be disseminated to small 
businesses in a proactive manner via press releases, brochures and 
other media as necessary. Additionally, ``outreach'' programs such as 
conferences or meetings with Advisory Neighborhood Commissioners, small 
businesses, and/or trade associations, etc. may be utilized. The SBAP 
will also disseminate information in a reactive manner via an 
established telephone hotline and information clearinghouse which will 
be capable of handling inquires from the small business community.
    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 
SBAP will work closely with the staff of the ARMD Engineering and 
Planning Branch and Compliance and Enforcement Branch to help sources 
identify applicable requirements and obtain permits. Specifically, the 
SBAP will be responsible for providing advice and assistance to small 
businesses in the interpretation of regulatory requirements, explaining 
permitting procedures and providing information regarding fees, when 
and where to apply, the length of time necessary to receive a permit, 
etc. Additional responsibilities include helping small businesses 
determine if they qualify for reduced fees under the waiver provisions 
of the title V Operating Permit Program.
    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 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 
SBAP is responsible for notifying eligible sources of their statutory 
and regulatory rights and obligations under the Clean Air Act in a 
timely fashion. Such communication will include explaining fine and 
permit policies, the consequences of operating in violation of 
regulations, and appeal procedures. In addition, the District's SBAP 
will administer an audit program which provides technical assistance on 
pollution prevention or control options. Environmental professionals 
from the Compliance and Enforcement Branch and the Engineering and 
Planning Branch of the ARMD are to serve as auditors for the program.
    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 preceding any applicable compliance date. The SBAP 
will meet this requirement by developing procedures, in accordance with 
section 507(a)(7) of the CAA, for handling requests from small 
businesses for modifications of work practices or alternative air 
pollution control methods. The District has committed to establishing 
such procedures by November 15, 1994.
    An ARMD program analyst, authorized to report directly to the 
Program Manager of the Air Resources Management Division, is 
responsible for the development and initiation of SBAP programs. As 
SBAP programs are developed, additional staff will be hired as 
required. The SBAP will be funded by District of Columbia and/or 
Federal air pollution control grant funds until the effective date of 
implementation of the District's title V Operating Permits Program. 
After the effective date, the District's SBAP will be funded by 
District of Columbia funds appropriated from the revenues generated by 
fees required by the title V Operating Permits Program.

2. Ombudsman Office

    The seventh requirement of section 507(a)(3) is the designation of 
a state office to serve as the Ombudsman for small business stationary 
sources in connection with the implementation of the CAA. The 
District's Ombudsman will work in the Office of the Administrator of 
the Environmental Regulation Administration as a member of the 
Administrator's staff. Consequently, the Ombudsman will be in an 
effective position to represent the views and interests of the small 
business community on issues concerning the implementation of the CAA. 
The Ombudsman will have direct access to the Program Manager of the 
ARMD and his/her superior, the Administrator. In this position, the 
Ombudsman can easily evaluate the District's SBAP, investigate and 
resolve disputes between businesses and air pollution control 
authorities, develop and propose legislation, and actively promote the 
small business point-of-view. The Ombudsman will also have access to 
the Director of the Department of Consumer and Regulatory Affairs, the 
Office of the Corporation Counsel, and the Office of the Mayor.
    A listing of the Ombudsman's duties indicate that it will be 
readily accessible to small businesses and, on their behalf, be 
authorized to provide reports to and to communicate with appropriate 
personnel. The Ombudsman will also distribute the District's CAP 
reports and advisory opinions and provide administrative support to the 
CAP. The District has committed to hiring a program analyst to serve as 
the Small Business Ombudsman. Additional staff for the Office of the 
Ombudsman will be recruited as necessary. The Ombudsman will be funded 
with District of Columbia appropriated funds. After the effective date 
of the District's title V Operating Permits Program, the Ombudsman and 
his or her staff may be funded by appropriations from revenues of the 
District's title V Operating Permits Program.

3. Compliance Advisory Panel

    Section 507(e) of the CAA requires each state to establish a 
Compliance Advisory Panel that includes two members selected by the 
Governor (or equivalent) who are not owners or representatives of 
owners of small business stationary sources; four members selected by 
the state legislature (or equivalent) 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 District has 
committed to creating a compliance advisory panel. The composition of 
the District's CAP is in accordance with the method of selection 
required by section 507(e)(2) of the CAA for a unicameral legislature. 
All CAP members, with the exception of the representative of the Air 
Resources Management Division, a District of Columbia employee, will be 
unpaid appointees.
    In addition to establishing the minimum membership of the CAP the 
CAA delineates certain responsibilities of the panel. A description of 
the duties and authorities delegated to the District's Compliance 
Advisory Panel indicates that it will be responsible for all activities 
required by section 507(e). These activities include rendering advisory 
opinions on the effectiveness of the small business ombudsman and SBAP 
and preparing periodic reports to EPA concerning the effectiveness of 
the PROGRAM following the intent of the Federal Paperwork Reduction 
Act, the Regulatory Flexibility Act, and the Equal Access to Justice 
Act. The CAP will also be responsible for reviewing information 
disseminated to small business stationary sources to assure such 
information is understandable to laypersons.

4. Source 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 District's program definition of the term ``small business 
stationary source'' is identical to the statutory definition found in 
section 507(c). All small business stationary sources located in the 
District shall be eligible to receive assistance from the SBAP. Any 
source which does not meet the criteria in (C), (D), and (E) above but 
does not emit more than 100 tons per year of all regulated pollutants 
may petition the District of Columbia to be included in the SBAP. The 
District may, after public notice and opportunity for public comment, 
permit such a source to participate in the SBAP even though the source 
does not meet the criteria given above.

III. Summary of SIP Revision

    The District has submitted a SIP revision which fully implements 
each of the program elements required by CAA section 507. As previously 
stated, the District has committed to fully implementing its SBAP, 
administered by the Air Resources Management Division of the 
Environmental Regulation Administration, by November 15, 1994. The 
District's Ombudsman, located in the Office of the Administrator of the 
Environmental Regulation Administration, shall complete its first 
annual review of the SBAP, by November 15, 1994. The District's CAP, 
authorized by Mayoral Order, shall complete its first annual review of 
the SBAP and Ombudsman and submit it to EPA by November 15, 1994. In 
this action, EPA is approving the SIP revision submittal by the 
District of Columbia. Accordingly, Sec. 52.510 is added to 40 CFR part 
52, subpart J-District of Columbia to reflect EPA's approval action and 
the fact that it is considered part of the District of Columbia SIP.
    EPA is approving this SIP revision 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, EPA is proposing to approve the SIP revision 
should adverse or critical comments be filed. This action will become 
effective October 17, 1994 unless, within 30 days of publication, 
adverse or critical comments are received.
    If 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. 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 October 17, 1994.

Final Action

    EPA is approving the District of Columbia's plan for the 
establishment of a Small Business Stationary Source Technical and 
Environmental Compliance Assistance Program. Accordingly, Sec. 52.510 
is added to 40 CFR part 52, subpart J-District of Columbia to reflect 
EPA's approval action. EPA has reviewed this request for revision of 
the federally-approved state implementation plan for conformance with 
the CAA including section 507 and section 110(a)(2)(E).
    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, 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 
significant economic impact on any small entities affected.
    This action has been classified as a Table 2 action for signature 
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 OMB has exempted this 
regulatory action from E.O. 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 States Court 
of Appeals for the appropriate circuit by October 17, 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, Small business 
assistance program.

    Dated: June 9, 1994.
Peter H. Kostmayer,
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 J--District of Columbia

    2. Section 52.510 is added to read as follows:


Sec. 52.510  Small business assistance program.

    On October 22, 1993, the Administrator of the District of Columbia 
Environmental Regulation Administration submitted a plan for the 
establishment and implementation of a Small Business Technical and 
Environmental Compliance Assistance Program as a state implementation 
plan revision (SIP), as required by title V of the Clean Air Act. EPA 
approved the Small Business Technical and Environmental Compliance 
Assistance Program on August 17, 1994 and made it part of the District 
of Columbia SIP. As with all components of the SIP, the District of 
Columbia must implement the program as submitted and approved by EPA.
[FR Doc. 94-20148 Filed 8-16-94; 8:45 am]
BILLING CODE 6560-50-F