[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]
=======================================================================
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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
