ENVIRONMENTAL PROTECTION AGENCY

DEPARTMENT OF VETERANS AFFAIRS

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

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

Approval and Promulgation of Air Quality Implementation Plans;

Maryland Small Business Stationary Source Technical Environmental

Compliance Assistance Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is approving a State Implementation Plan (SIP) revision

submitted by the State of Maryland for the purpose of establishing a

Small Business Stationary Source Technical and Environmental Compliance

Assistance Program (PROGRAM). This SIP revision was submitted by the

State to satisfy the Federal mandate of the Clean Air Act (``CAA'' or

``the Act'') which lists specific program criteria to ensure that small

businesses have access to the technical assistance and regulatory

information necessary to comply with CAA. The rationale for EPA's

approval is set forth in this document; additional information is

available at the address indicated below. This action is being taken in

accordance with CAA.

DATES: This final rule will become effective July 15, 1994 unless

notice is received on or before June 15, 1994 that adverse or critical

comments will be submitted. If the effective date is delayed, timely

notice will be published in the Federal Register.

ADDRESSES: Comments may be mailed to Thomas J. Maslany, Director, Air,

Radiation and Toxics Division, U.S. Environmental Protection Agency,

Region III, 841 Chestnut Building, Philadelphia, PA 19107.

Copies of the documents relevant to this action are available for

public inspection during normal business hours at the Air, Radiation

and Toxics Division, U.S. Environmental Protection Agency, Region III,

841 Chestnut Building, Philadelphia, PA 19107; Air Docket, 6102, U.S.

Environmental Protection Agency, 401 M Street, SW., Washington, DC

20460; and Maryland Department of the Environment, Air and Radiation

Management Association, 2500 Broening Highway, Baltimore, Maryland

21224.

FOR FURTHER INFORMATION CONTACT: Makeba Morris at (215) 597-2923. U.S.

Environmental Protection Agency, Region III (3AT11), 841 Chestnut

Building, Philadelphia, PA 19107.

SUPPLEMENTARY INFORMATION:

I. Background

Implementation of the provisions of CAA, as amended in 1990, will

require regulation of many small businesses so that areas may attain

and maintain the National ambient air quality standards (NAAQS) and

reduce the emission of air toxics. Small businesses frequently lack the

technical expertise and financial resources necessary to evaluate such

regulations and to determine the appropriate mechanisms for compliance.

In anticipation of the impact of these requirements on small

businesses, section 507 of CAA requires that states adopt a Small

Business Stationary Source Technical and Environmental Compliance

Assistance Program (PROGRAM), and submit this PROGRAM as a revision to

the federally approved SIP. In addition, section 507 of CAA directs EPA

to oversee these small business assistance programs and report to

Congress on their implementation. The requirements for establishing a

PROGRAM are set out in section 507 of title V of the CAA. In February

1992, EPA issued Guidelines for the Implementation of Section 507 of

the 1990 Clean Air Act Amendments, in order to delineate the Federal

and state roles in meeting the new statutory provisions, and as a tool

to provide further guidance to the states on submitting acceptable SIP

revisions.

On November 13, 1992, the State of Maryland submitted a SIP

revision to EPA in order to satisfy the requirements of section 507. In

order to gain full approval, the state submittal must provide for each

of the following PROGRAM elements: (1) The establishment of a Small

Business Assistance Program (SBAP) to provide technical and compliance

assistance to small businesses; (2) the establishment of a state Small

Business Ombudsman to represent the interests of small business

stationary sources in connection with the implementation of CAA; and

(3) the creation of a Compliance Advisory Panel (CAP) to determine and

report on the overall effectiveness of the SBAP and the state Small

Business Ombudsman.

II. Analysis

1. Small Business Assistance Program

Sections 1-402, 1-404 and 2-201 of the Code of Maryland authorizes

the Secretary of the Maryland Department of the Environment (MDE) to

establish a Small Business Stationary Source Technical and

Environmental Compliance Assistance Program which meets the

requirements of section 507 of CAA. In developing Maryland's PROGRAM

submittal, the Secretary of MDE has delegated the majority of its

functions to the Department of the Environment, Air Management

Administration (AMA) which will establish a small business assistance

office.

Section 507(a) of CAA sets forth seven requirements that states

must meet to have an approvable SBAP. Six requirements will be

discussed in this section of this document, while the seventh

requirement, establishment of a state Small Business Ombudsman, will be

discussed in the next section.

The first requirement is to establish adequate mechanisms for

developing, collecting and coordinating information concerning

compliance methods and technologies for small business stationary

sources, and programs to encourage lawful cooperation among such

sources and other persons to further compliance with CAA. The second

requirement is to establish adequate mechanisms for assisting small

business stationary sources with pollution prevention and accidental

release detection and prevention, including providing information

concerning alternative technologies, process changes, products and

methods of operation that help reduce air pollution.

The State has met these first two requirements by charging the AMA

SBAP with the responsibility of serving as a clearinghouse for

information related to compliance methods and control technologies,

pollution prevention and accidental release prevention and detection.

Information on pollution prevention/accidental release will focus on

the requirements under the accidental release provisions of title III

of CAA, the Emergency Planning and Community Right-to-Know Act of 1986,

the Occupational Safety and Health Administration (OSHA) process safety

standards, using the Pollution Prevention Information Clearinghouse

(PPIC) and the Chemical Emergency Preparedness and Prevention Office

(CEPPO) as resources. Relevant clearinghouse material will be

translated into layman's terms and organized into information packets.

The AMA will also use as resources EPA's Control Technology Center

(CTC), Emissions Measurement Technical Information Center (EMTIC), as

well as other state organizations, such as the University of Maryland's

Technology Extension Service. The AMA will work closely with other

state agencies, particularly the Maryland Department of Economic and

Employment Development (DEED) to optimize information exchange and

program effectiveness. Information dissemination shall take two forms.

The proactive portion of the program (Information Outreach Network)

will utilize industry groups, trade associations, Maryland's Small

Business Development Center (SBDC) and additional avenues as needed to

disseminate information to eligible small business stationary sources.

The AMA will also disseminate information in a reactive manner by

establishing an Information Clearinghouse, via a toll-free telephone

hotline, which will be responsible for answering questions directly or

referring such questions to appropriate agency experts.

The third requirement is to develop a compliance and technical

assistance program for small business stationary sources which assists

small businesses in determining applicable requirements and in

receiving permits under CAA in a timely and efficient manner. The AMA

has met this requirement by planning to develop pamphlets and

information packets, as well as sponsoring seminars detailing general

permit requirements, new and existing regulatory requirements and

methods of pollution prevention and accidental release prevention and

detection. These informational packages will be disseminated in a

timely manner by the Information Outreach Network described in the

preceding paragraph. Specific questions about permitting

responsibilities and procedures will be directed to appropriate experts

in the AMA.

The fourth requirement is to develop adequate mechanisms to assure

that small business stationary sources receive notice of their rights

under the Act in such manner and form as to assure reasonably adequate

time for such sources to evaluate compliance methods and any relevant

or applicable proposed or final regulation or standards issued under

CAA. The fifth requirement is to develop adequate mechanisms for

informing small business stationary sources of their obligations under

the CAA, including mechanisms for referring such sources to qualified

auditors or, at the option of the State, for providing audits of the

operations of such sources to determine compliance with CAA. The AMA

has met these requirements by planning to maintain a database of all

small business stationary sources and small business membership groups

subject to Federal and/or state requirements and notify these sources,

in a timely manner by the proactive mechanisms described above, of

rights and obligations under CAA. In support of said PROGRAM, the AMA

will also conduct periodic surveys, to solicit feedback from the small

business community. In addition, the AMA will provide material, through

the Information Outreach Network and the Information Clearinghouse, on

environmental auditors to assist small businesses in meeting the

requirements of CAA. AMA staff will also be available to provide

limited on-site assistance.

The sixth requirement is to develop procedures for consideration of

requests from a small business stationary source for modification of:

(A) Any work practice or technological method of compliance, or (B) the

schedule of milestones for implementing such work practices or

compliance methods. The AMA will meet this requirement by establishing

a mechanism in accordance with section 507(a)(7) of CAA to receive,

review and process requests for work practice, compliance method or

milestone modifications.

2. Ombudsman

Section 507(a)(3) of CAA requires the designation of a state office

to serve as the Ombudsman for small business stationary sources.

Maryland's Secretary of the Department of the Environment has

designated the Office of Community Assistance to serve as Ombudsman for

small business concerns as they relate to the SBAP. The Office of

Community Assistance presently coordinates the Department outreach

activities, and serves a problem mediation function for private

citizens, industry, and local organizations, etc. The Ombudsman will be

readily accessible to small businesses and, on their behalf, be

authorized to provide reports to and communicate with state air

pollution control authorities and the Secretary of the Department of

the Environment. It is anticipated that the Ombudsman's office will be

adequately staffed and funded to fulfill its function with existing

personnel.

3. Compliance Advisory Panel

Section 507(e) of CAA requires the state to establish a Compliance

Advisory Panel (the CAP) that must include two members selected by the

Governor who are not owners or representatives of owners of small

businesses; four members selected by the state legislature who are

owners, or represent owners, of small businesses; and one member

selected by the head of the agency in charge of the Air Pollution

Permit Program. The Compliance Advisory Panel will be established by

the Governor of the State of Maryland, through an executive order to be

issued no later than September 1, 1994. The Panel will include seven

members who will be chosen consistent with the requirements of section

507(e) of the CAA.

In addition to establishing the minimum membership of the CAP, CAA

delineates four responsibilities of the Panel: (A) To render advisory

opinions concerning the effectiveness of the SBAP, difficulties

encountered and the degree and severity of enforcement actions; (B) to

review and assure that information for small business stationary

sources is easily understandable; (C) to develop and disseminate the

reports and advisory opinions made through the SBAP; and (D) to

periodically report to EPA concerning the SBAP's adherence to the

principles of the Paperwork Reduction Act, the Equal Access to Justice

Act, and the Regulatory Flexibility Act. (Section 507(e)(1)(B) requires

the CAP to report on the compliance of the SBAP with these three

statutes. However, since state agencies are not required to comply with

them, EPA believes that the state PROGRAM must merely require the CAP

to report on whether the SBAP is adhering to the general principles of

these Federal Statutes.)

Upon review of the November 13, 1992 formal SIP revision submittal

EPA has determined that Maryland specifically satisfies these

requirements. Section 4.0 of the SIP revision states that: (1) The CAP

will render advisory opinions concerning measures to enhance the

effectiveness of the program; (2) prepare periodic reports to the EPA

on compliance status of the program with the Federal Paperwork

Reduction Act, the Regulatory Flexibility Act and the Equal Access to

Justice Act; and (3) review information directed to small businesses

stationary sources to assure such information is understandable to the

layperson. The SBAP will serve as the Secretariat for the development

and dissemination of Panel reports and advisory opinions.

The Compliance Advisory Panel will be established by the Governor

of the State of Maryland, through an executive order to be issued no

later than September 1, 1994. If the executive order for the

establishment of the Compliance Advisory Panel is not issued by

September 1, 1994, the EPA will issue a SIP call, pursuant to

110(k)(5), to ensure its timely issuance.

4. Eligibility

Section 507(c)(1) of CAA defines the term ``small business

stationary source'' as a stationary source that:

(A) Is owned or operated by a person who employs 100 or fewer

individuals;

(B) Is a small business concern as defined in the Small Business

Act;

(C) Is not a major stationary source;

(D) Does not emit 50 tons per year (tpy) or more of any regulated

pollutant; and

(E) Emits less than 75 tpy of all regulated pollutants.

Except for source categories which the EPA Administrator or the

State of Maryland determines (in accordance with sections 507(c)(3)(A)

and (B)), to have sufficient financial and technical capabilities to

meet the requirements of the Act without PROGRAM assistance, all small

business stationary sources located in Maryland will be eligible to

receive assistance under the PROGRAM. Maryland's PROGRAM criteria for

defining a ``small business stationary source'' is equivalent to the

criteria listed in section 507(c)(1) of CAA. The State of Maryland has

not provided for the extension of eligibility for assistance under the

PROGRAM beyond the requirements of sections 507(c)(1)(C)-(E). However,

the State may provide ``unofficial'' program assistance to any source

that requests help if resources are available.

III. Summary of SIP Revision

The State of Maryland has submitted a SIP revision implementing

each of the PROGRAM elements required by section 507 of CAA. The Small

Business Assistance Program (SBAP) will be administered by the Maryland

Department of the Environment (MDE), Air and Radiation Management

Administration. Program implementation will begin no later than

November 15, 1994. The Compliance Advisory Panel will be established by

the Governor of the State of Maryland through an executive order to be

issued no later than September 1, 1994. The Panel will be appointed by

no later than November 15, 1994. By this action, EPA is hereby

approving the SIP revision submitted by the State of Maryland.

Accordingly, Sec. 52.1110 is added to 40 CFR part 52, subpart V in

order to reflect EPA's approval action and the fact that it is

considered part of the Maryland SIP.

EPA is approving this SIP revision without prior proposal because

the Agency views this as a noncontroversial amendment and anticipates

no adverse comments. This action will be effective July 15, 1994

unless, by June 15, 1994, notice is received that adverse or critical

comments will be submitted. If such notice is received, this action

will be withdrawn before the effective date by simultaneously

publishing two subsequent documents. One document will withdraw the

final action and another will begin a new rulemaking by announcing a

proposal of the action and establishing a comment period. If no such

comments are received, the public is advised that this action will be

effective on July 15, 1994.

IV. Final Action

The Agency has reviewed Maryland's request for revision of its

federally-approved SIP and found it to be in conformance with CAA,

including sections 507 and 110(a)(2)(E) thereof. EPA is approving

Maryland's plan for the establishment of a Small Business Stationary

Source Technical and Environmental Compliance Assistance Program.

Accordingly, Sec. 52.1110 is added to 40 CFR part 52, subpart V-

Maryland to reflect EPA's approval action.

Nothing in this action should be construed as permitting or

allowing or establishing a precedent for any future request for

revision to any state implementation plan. Each request for revision to

the state implementation plan shall be considered separately in light

of specific technical, economic, and environmental factors and in

relation to relevant statutory and regulatory requirements.

Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA

must prepare a regulatory flexibility analysis assessing the impact of

any proposed or final rule on small entities. 5 U.S.C. 603 and 604.

Alternatively, EPA may certify that the rule will not have a

significant impact on a substantial number of small entities. Small

entities include small businesses, small not-for-profit enterprises,

and government entities with jurisdiction over populations of less than

50,000.

By this action, EPA is approving a state program created for the

purpose of assisting small businesses in complying with existing

statutory and regulatory requirements. The program being approved does

not impose any new regulatory burden on small businesses; it is a

program under which small businesses may elect to take advantage of

assistance provided by the state. Therefore, because EPA's approval of

this program does not impose any new regulatory requirements on small

businesses, the Administrator certifies that it does not have a

economic impact on any small entities affected.

This action has been classified as a Table 2 action for signature

by the Acting Regional Administrator under the procedures published in

the Federal Register on January 19, 1989 (54 FR 2214-2225). On January

6, 1989, the Office of Management and Budget (OMB) waived Table 2 and

Table 3 SIP revisions from the requirements of section 3 of Executive

Order 12291 for a period of two years. The EPA has submitted a request

for a permanent waiver for Table 2 and 3 SIP revisions. The OMB has

agreed to continue the waiver until such time as it rules on EPA's

request. This request is still applicable under Executive Order 12866,

which superseded Executive Order 12291 on September 30, 1993.

Under section 307(b)(1) of CAA, petitions for judicial review of

this action to approve the Maryland Small Business Stationary Source

Technical and Environmental Compliance Assistance Program must be filed

in the United States Court of Appeals for the appropriate circuit by

[Insert date 60 days from date of publication]. Filing a petition for

reconsideration by the Administrator of this final rule does not affect

the finality of this rule for the purposes of judicial review nor does

it extend the time within which a petition for judicial review may be

filed, and shall not postpone the effectiveness of such rule or action.

This action may not be challenged later in proceedings to enforce its

requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Small business

assistance program.

Dated: December 30, 1993.

Elaine B. Wright,

Acting Regional Administrator, Region III.

40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

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

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

Subpart V--Maryland

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

Sec. 52.1110 Small business stationary source technical and

environmental compliance assistance program.

On November 13, 1992 the Acting Director of the Air and Radiation

Management Administration, Maryland Department of the Environment

submitted a plan for the establishment and implementation of a Small

Business Stationary Source Technical and Environmental Compliance

Assistance Program as a state implementation plan (SIP) revision, as

required by title V of the Clean Air Act Amendments. EPA approved the

Small Business Stationary Source Technical and Environmental Compliance

Assistance Program on [Insert date of publication] and made it part of

the Maryland SIP. As with all components of the SIP, Maryland must

implement the program as submitted and approved by EPA.

[FR Doc. 94-11752 Filed 5-13-94; 8:45 am]

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