[Federal Register Volume 60, Number 3 (Thursday, January 5, 1995)]
[Rules and Regulations]
[Pages 1738-1741]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-259]



-----------------------------------------------------------------------


ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52

[PA32-1-5966; FRL-5126-1]


Approval and Promulgation of Air Quality Implementation Plans; 
Commonwealth of Pennsylvania Small Business Assistance Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: EPA is approving a State Implementation Plan (SIP) revision 
submitted by the Commonwealth of Pennsylvania. This revision 
establishes 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 (``the 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 the CAA. The intended effect of this action is to approve this SIP 
revision. This action is being taken under section 110 of the CAA.

DATES: This action will become effective March 6, 1995, unless adverse 
comments received on or before February 6, 1995, 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 (3AT00), U.S. Environmental Protection 
Agency, Region III, 841 Chestnut Building, Philadelphia, Pennsylvania 
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, Pennsylvania 19107; 
Pennsylvania Department of Environmental Resources Bureau of Air 
Quality Control, P.O. Box 8468, 400 Market Street, Harrisburg, 
Pennsylvania 17105.

FOR FURTHER INFORMATION CONTACT: Makeba Morris, (215) 597-2923.

SUPPLEMENTARY INFORMATION:

Background

    Implementation of the provisions of 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. [[Page 1739]] 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 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, section 507 of the 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 February 1, 1993, the Commonwealth of Pennsylvania 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 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 the 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. The plan must also determine the eligibility of 
small business stationary sources for assistance in the program. The 
plan must include the duties, funding and schedule for implementation 
for the three program components.

Analysis

1. Small Business Assistance Program

    Sections 7.7 through 7.9 of the 1992 Pennsylvania Air Pollution 
Control Act, authorize the establishment of a Small Business Assistance 
Program which meets the requirements of section 507 of the CAA. In 
developing the PROGRAM submittal, the Commonwealth has delegated the 
majority of its functions to the Department of Environmental Resources 
(DER).
    Section 507(a) of the 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 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.
    Pennsylvania has met the first requirement through the use of a 
independent contractor, who will conduct the reactive technical 
assistance and proactive outreach portion of the program. The DER will 
train the contractor in state and federal permitting and enforcement 
policies. The contractor will then have the responsibility of serving 
as a clearinghouse for information related to compliance methods and 
control technologies, pollution prevention and accidental release 
prevention and detection. In the reactive portion of the program, the 
contractor will maintain a toll free telephone line for small 
businesses and be responsible for responding to questions raised by 
small businesses. All answers will be verified with the DER prior to 
issuance. In addition, the contractor will maintain a database of all 
questions and answers.
    The DER will also monitor permit applications and compliance 
reports, contact trade associations and the EPA for information 
regarding the appropriate compliance techniques for small businesses 
and maintain a database of this information, which will be used to 
advise small businesses of compliance alternatives.
    The contractor, in conjunction with the DER and the small business 
ombudsman will implement the proactive outreach portion of the program 
through the development of outreach documents (pamphlets and brochures, 
etc.), and seminars for small businesses and trade associations. In 
addition, the DER will maintain a computer bulletin board system which 
will allow sources to download up to date information regarding 
regulations and other policy documents.
    The second requirement will be met through the outreach and audit 
programs. Pamphlets will contain information regarding accidental 
release prevention and pollution prevention. In addition, pollution 
prevention and accidental release information will be provided during 
onsite audits, which may be requested by the small businesses.
    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. 
Pennsylvania has met this requirement by providing contractor 
assistance in the application process. The contractor will assist the 
small business in determining if a permit is required and provide the 
source with all applicable permit application forms as well as the 
proper interpretation of the application forms. In addition, the 
proactive outreach and reactive technical assistance portion of the 
program, discussed above, will be used to assure small business will be 
informed of the applicable requirements in a timely manner.
    The fourth requirement is to develop adequate mechanisms to assure 
that small businesses 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 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. 
Pennsylvania has met these requirements by planning to maintain a toll 
free telephone line to allow easy access to information regarding 
federal and/or state requirements. In addition the State will inform 
affected small businesses, in a timely manner by the proactive 
mechanisms described above. The State will provide material, through 
the outreach portion of the program on environmental auditors to assist 
small businesses in meeting the requirements of CAA. The environmental 
audit will determine applicable requirements, compliance status, 
control options and pollution prevention alternatives. [[Page 1740]] 
    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. Pennsylvania has met this requirement by 
establishing a mechanism to receive, review and process requests for 
work practice, compliance method or milestone modifications. The 
mechanism provides that the small business must submit the request in 
writing to the DER, which will review said request in 30 days and make 
a decision no later than 6 months from the date of submittal. Requests 
will be reviewed to ensure that no violation of state or federal 
requirement occur.

2. Ombudsman

    Section 507(a)(3) of the CAA requires the designation of a state 
office to serve as the Ombudsman for small business stationary sources. 
The Pennsylvania Air Pollution Control Act, Section 7.9 designates the 
Department of Commerce to house the Office of Small Business Ombudsman. 
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. In addition, the Ombudsman 
will review and handle complaints from small businesses regarding 
improper treatment by the DER, and recommend procedural changes that 
may improve relations with small businesses. The Ombudsman may sponsor 
meetings and conferences and work directly with trade associations. 
Finally, on an annual basis the Ombudsman must report to the Governor 
and State Legislature on the effectiveness of the PROGRAM, and also 
prepare reports evaluating proposed regulations for their economic 
impact on small businesses.
    Ombudsman's office will be staffed by two individuals, an Ombudsman 
and a secretary.

3. Compliance Advisory Panel

    Section 507(e) of the 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 Pennsylvania Compliance Advisory 
Committee was established by the State Air Pollution Control Act, 
Section 7.8. The Committee will include eleven members, seven of which 
will be chosen consistent with the requirements of section 507(e) of 
the CAA. The four additional members consist of the Secretary of 
Commerce, the Small Business Ombudsman and two additional members 
selected by the Governor.
    In addition to establishing the minimum membership of the CAP, the 
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.) Pennsylvania has met 
these requirements by delegating the above mentioned duties to the 
Compliance Advisory Committee, specifically the SIP submittal states: 
the Committee will report on the program's compliance with the 
requirements of the Paperwork Reduction Act, the Regulatory Flexibility 
Act and the Equal Access to Justice Act and report on the program and 
recommend changes that are needed as well as new material that may be 
necessary to improve the effectiveness of the program.

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.

Under Section 507(c)(2) major sources may petition for admittance to 
the PROGRAM. The Pennsylvania SIP revision provides a mechanism for 
source inclusion upon approval by EPA. Except for source categories 
which the EPA Administrator or the Commonwealth of Pennsylvania 
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 Pennsylvania will be eligible to receive 
assistance under the PROGRAM. Pennsylvania's PROGRAM criteria for 
defining a ``small business stationary source'' is substantially 
equivalent to the criteria listed in Section 507(c)(1) of the CAA. The 
Commonwealth has provided for the extension of eligibility for 
assistance under the PROGRAM beyond the requirements of Sections 
507(c)(1)(C-E) with notice and opportunity for public comment as 
provided in Section 7.5 of the Pennsylvania Air Pollution Control Act.

Summary of SIP Revision

    The Commonwealth of Pennsylvania has submitted a SIP revision 
implementing each of the PROGRAM elements required by section 507 of 
the CAA. The Small Business Assistance Program (SBAP) will be 
administered by the Department of Environmental Resources. Program 
implementation will begin no later than November 1994. By this action, 
EPA is hereby approving the SIP revision submitted by the Commonwealth 
of Pennsylvania. Accordingly, Sec. 52.2060 is added to 40 CFR part 52, 
subpart NN in order to reflect EPA's approval action and the fact that 
it is considered part of the Pennsylvania SIP.

Final Action

    EPA is approving the Commonwealth of Pennsylvania SIP revision 
submittal for the establishment of the Small Business Assistance 
Program submitted February 1, 1993. Accordingly, Sec. 52.2060 is added 
to 40 CFR part 52, subpart NN--Pennsylvania 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 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 
[[Page 1741]] 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 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 to approve the Pennsylvania 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 March 6, 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, Small business 
assistance program.

    Dated: August 11, 1994.
W.T. Wisniewski,
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 NN--Pennsylvania

    2. Section 52.2060 is added to read as follows:


Sec. 52.2060  Small Business Assistance Program.

    On February 1, 1993, the Secretary of the Pennsylvania Department 
of Environmental Resources submitted a plan for the establishment and 
implementation of the Small Business 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 Assistance Program 
on March 6, 1995, and made it part of the Pennsylvania SIP. As with all 
components of the SIP, Pennsylvania must implement the program as 
submitted and approved by EPA.

[FR Doc. 95-259 Filed 1-4-95; 8:45 am]
BILLING CODE 6560-50-P