40 CFR Part 52

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]

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