Clean Air Act Approval and Promulgation of Title V, Section 507, Small Business Assistance Program Plan for the State of Colorado

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CO20-1-6253; FRL-4830-6]

Clean Air Act Approval and Promulgation of Title V, Section 507,

Small Business Assistance Program Plan for the State of Colorado

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: On November 26, 1993, EPA published the notice of proposed

rulemaking to approve the State Implementation Plan (SIP) revision

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

Small Business Assistance Program (PROGRAM) in the State. The

implementation plan was submitted by the State to satisfy the Federal

mandate, found in section 507 of the Clean Air Act (Act), to ensure

that small businesses have access to the technical assistance and

regulatory information necessary to comply with the Act. The rationale

for the approval was set forth in the proposal. No comments were

received pursuant to this proposed action. Therefore, EPA is proceeding

with its approval of the revision to the Colorado SIP for establishing

a PROGRAM in the State.

EFFECTIVE DATE: This rule will become effective on February 28, 1994.

FOR FURTHER INFORMATION CONTACT: Laura Farris, Mail Code-8ART-AP, USEPA

Region VIII, 999 18th Street, Suite 500, Denver, Colorado 80202-2405,

(303) 294-7539.

SUPPLEMENTARY INFORMATION:

I. Background

Implementation of the provisions of the Clean Air Act (Act), 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, the Act requires that states

adopt a PROGRAM, and submit this PROGRAM as a revision to the federally

approved SIP. In addition, the Act directs the Environmental Protection

Agency (EPA) to oversee these 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 Act. 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.

The State of Colorado has 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 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.

II. Summary of Submittal

The State of Colorado has met all of the requirements of section

507 by submitting a SIP revision that implements all required PROGRAM

elements. At a public hearing held before the Colorado Air Quality

Control Commission (Commission) on October 15, 1992, the plan for the

PROGRAM was approved. A notice of approval dated October 30, 1992, was

issued by the Technical Secretary of the Commission adopting the

PROGRAM plan. Legal authority to implement the PROGRAM was obtained

through Senate Bill 105 and is contained in the Colorado Act (ACT)

Section 25-7-109.2. The collection of fees to cover the cost of

implementing the PROGRAM is contained in the ACT Section 25-7-114.7.

The Colorado PROGRAM was submitted to EPA by the Governor of Colorado

on November 18, 1992, and was initially reviewed for administrative and

technical completeness. In a letter dated December 23, 1992, EPA

requested additional information from the State in order to make a

positive determination on the submittal. After receiving the additional

information on January 7, 1993, EPA notified the State in a letter

dated January 26, 1993, that the submittal was administratively and

technically complete. The submittal then underwent review by EPA

headquarters, and received a concurrence from all reviewers.

The State has met the first PROGRAM element by committing in its

PROGRAM plan pages 6 through 9 to meet the six requirements set forth

in section 507(a)(3) for the Small Business Assistance Program.

Additionally, a task force has been established to examine options for

implementation of these six requirements, and prepare a report

containing its recommendations. The State has met the second PROGRAM

element by locating the position of the Small Business Ombudsman in the

Office of Regulatory Reform, as specified in Section 25-7-109.2(5) of

the ACT, and by outlining the powers and duties of the Ombudsman on

pages 4 and 5 of its PROGRAM plan. The State has met the third PROGRAM

element by establishing a Small Business Compliance Advisory Panel in

the State of Colorado, as specified in Section 25-7-109.2(2) of the

ACT, and by outlining in its PROGRAM plan on pages 5 and 6 the

functions of the CAP and how the members will be determined, which is

consistent with section 507(e). Additionally, the State of Colorado 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

Act. This mechanism is located on pages 2 and 3 of the State's PROGRAM

plan.

III. Final Action

EPA is approving the SIP revision submitted by the State of

Colorado. The revision was made to satisfy the requirements of section

507 of the Act.

This action has been classified as a Table 3 action 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 3 SIP

revisions (54 FR 2222) from the requirement 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 Table 3 SIP revisions. The OMB

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

request. This request continues in effect under Executive Order 12866

which superseded Executive Order 12291 on September 30, 1993.

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. This program does not impose any

new regulatory burdens 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.

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control.

Dated: January 14, 1994.

Jack W. McGraw,

Acting Regional Administrator.

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 asfollows:

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

Subpart G--Colorado

2. Section 52.347 is added to read as follows:

Sec. 52.347 Small business assistance program plan.

The Governor of Colorado submitted on November 18, 1992 a plan to

develop and implement a Small Business 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. 94-1958 Filed 1-27-94; 8:45 am]

BILLING CODE 6560-50-F