Approval and Promulgation of Air Quality Implementation Plans; District of Columbia-Small Business Stationary Source Technical and Environmental Compliance Assistance Program

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[DC16-1-6286a, A-1-FRL-5052-6]

Approval and Promulgation of Air Quality Implementation Plans;

District of Columbia-Small Business Stationary Source Technical and

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 District of Columbia for the purpose of establishing a

Small Business Stationary Source Technical and Environmental Compliance

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

District to satisfy the Federal mandate of 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

rational for approval is set forth in this document; additional

information is available at the address indicated in the Addresses

section. This action is being taken in accordance with section 110 of

the CAA.

DATES: This final rule is effective on October 17, 1994 unless adverse

or critical comments are received by September 16, 1994. 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; District of Columbia

Environmental Regulation Administration, 2100 Martin Luther King, Jr.,

Avenue, SE., room 203, Washington, DC 20020.

FOR FURTHER INFORMATION CONTACT: Jennifer M. Abramson, (215) 597-2923.

SUPPLEMENTARY INFORMATION:

I. Background

Implementation of the provisions 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. 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, and submit this PROGRAM as

a revision to the federally approved SIP. In addition, the CAA directs

EPA to oversee these small business assistance programs and report to

Congress on their implementation. The requirements for establishing a

PROGRAMare 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 October 22, 1993, the District of Columbia submitted a formal

revision to its SIP. The SIP revision consists of a plan for

establishing a PROGRAM. In order to gain full approval, the District's

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 District 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. The plan must include

the duties, funding, and schedule of implementation for the three

program components. The plan must also determine the eligibility of

small business stationary sources for assistance in the program.

The District's plan for the establishment of a Small Business

Assistance Program (SBAP) and Ombudsman was adopted and will be

implemented pursuant to the authority vested in the Mayor by section

422(6) of the District of Columbia Self Government and Governmental

Reorganization Act of 1973, as amended (1992), D.C. Code sections 1-242

(6), (11) and (12), 6-901, 6-902 and 6-903. The creation and

administration of the Compliance Advisory Panel will be accomplished by

Mayoral order.

Milestones for implementing the essential elements of the

District's PROGRAM are included as part of the SIP revision submittal.

The District has committed to establishing a SBAP, administered by the

Air Resources Management Division of the Environmental Regulation

Administration, by September 1, 1993. In January, 1994 the District

appointed a small business representative to coordinate SBAP

activities. Eligibility for assistance under the SBAP will be

determined by the criteria outlined in the PROGRAM submittal. Full SBAP

implementation will begin no later than November 15, 1994. The District

has committed to establishing an Ombudsman's office, to be located in

the Office of the Administrator of the Environmental Regulation

Administration, by September 1, 1993. The Ombudsman will complete the

first annual review of the SBAP by November 15, 1994. A Mayoral Order

establishing the creation and administration of the Compliance Advisory

Panel was issued on November 3, 1992. The District has committed to

convening its CAP by June 1, 1993. The CAP will submit its first annual

report to EPA by November 15, 1994.

II. Analysis of SIP Revision

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

District must meet to have an approvable SBAP. Six of the 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.

1. Small Business Assistance Program

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. The

District has met these requirements by establishing a SBAP,

administered by the District of Columbia Air Resources Management

Division (ARMD). The ARMD SBAP has the responsibility of collecting and

coordinating information concerning compliance methods and acceptable

control technologies for small business stationary sources. The ARMD

will also work closely with the Office of Emergency Preparedness and

other District organizations in coordinating information exchange

regarding alternative technologies, process changes, products and other

methods of pollution prevention and accidental release prevention and

detection. The dissemination of SBAP information shall take two forms.

Technical and compliance information will be disseminated to small

businesses in a proactive manner via press releases, brochures and

other media as necessary. Additionally, ``outreach'' programs such as

conferences or meetings with Advisory Neighborhood Commissioners, small

businesses, and/or trade associations, etc. may be utilized. The SBAP

will also disseminate information in a reactive manner via an

established telephone hotline and information clearinghouse which will

be capable of handling inquires from the small business community.

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. The

SBAP will work closely with the staff of the ARMD Engineering and

Planning Branch and Compliance and Enforcement Branch to help sources

identify applicable requirements and obtain permits. Specifically, the

SBAP will be responsible for providing advice and assistance to small

businesses in the interpretation of regulatory requirements, explaining

permitting procedures and providing information regarding fees, when

and where to apply, the length of time necessary to receive a permit,

etc. Additional responsibilities include helping small businesses

determine if they qualify for reduced fees under the waiver provisions

of the title V Operating Permit Program.

The fourth requirement is to develop adequate mechanisms to assure

that small business stationary sources receive notice of their rights

under the CAA 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. The

SBAP is responsible for notifying eligible sources of their statutory

and regulatory rights and obligations under the Clean Air Act in a

timely fashion. Such communication will include explaining fine and

permit policies, the consequences of operating in violation of

regulations, and appeal procedures. In addition, the District's SBAP

will administer an audit program which provides technical assistance on

pollution prevention or control options. Environmental professionals

from the Compliance and Enforcement Branch and the Engineering and

Planning Branch of the ARMD are to serve as auditors for the program.

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 preceding any applicable compliance date. The SBAP

will meet this requirement by developing procedures, in accordance with

section 507(a)(7) of the CAA, for handling requests from small

businesses for modifications of work practices or alternative air

pollution control methods. The District has committed to establishing

such procedures by November 15, 1994.

An ARMD program analyst, authorized to report directly to the

Program Manager of the Air Resources Management Division, is

responsible for the development and initiation of SBAP programs. As

SBAP programs are developed, additional staff will be hired as

required. The SBAP will be funded by District of Columbia and/or

Federal air pollution control grant funds until the effective date of

implementation of the District's title V Operating Permits Program.

After the effective date, the District's SBAP will be funded by

District of Columbia funds appropriated from the revenues generated by

fees required by the title V Operating Permits Program.

2. Ombudsman Office

The seventh requirement of section 507(a)(3) is the designation of

a state office to serve as the Ombudsman for small business stationary

sources in connection with the implementation of the CAA. The

District's Ombudsman will work in the Office of the Administrator of

the Environmental Regulation Administration as a member of the

Administrator's staff. Consequently, the Ombudsman will be in an

effective position to represent the views and interests of the small

business community on issues concerning the implementation of the CAA.

The Ombudsman will have direct access to the Program Manager of the

ARMD and his/her superior, the Administrator. In this position, the

Ombudsman can easily evaluate the District's SBAP, investigate and

resolve disputes between businesses and air pollution control

authorities, develop and propose legislation, and actively promote the

small business point-of-view. The Ombudsman will also have access to

the Director of the Department of Consumer and Regulatory Affairs, the

Office of the Corporation Counsel, and the Office of the Mayor.

A listing of the Ombudsman's duties indicate that it will be

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

authorized to provide reports to and to communicate with appropriate

personnel. The Ombudsman will also distribute the District's CAP

reports and advisory opinions and provide administrative support to the

CAP. The District has committed to hiring a program analyst to serve as

the Small Business Ombudsman. Additional staff for the Office of the

Ombudsman will be recruited as necessary. The Ombudsman will be funded

with District of Columbia appropriated funds. After the effective date

of the District's title V Operating Permits Program, the Ombudsman and

his or her staff may be funded by appropriations from revenues of the

District's title V Operating Permits Program.

3. Compliance Advisory Panel

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

Compliance Advisory Panel that includes two members selected by the

Governor (or equivalent) who are not owners or representatives of

owners of small business stationary sources; four members selected by

the state legislature (or equivalent) 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 District has

committed to creating a compliance advisory panel. The composition of

the District's CAP is in accordance with the method of selection

required by section 507(e)(2) of the CAA for a unicameral legislature.

All CAP members, with the exception of the representative of the Air

Resources Management Division, a District of Columbia employee, will be

unpaid appointees.

In addition to establishing the minimum membership of the CAP the

CAA delineates certain responsibilities of the panel. A description of

the duties and authorities delegated to the District's Compliance

Advisory Panel indicates that it will be responsible for all activities

required by section 507(e). These activities include rendering advisory

opinions on the effectiveness of the small business ombudsman and SBAP

and preparing periodic reports to EPA concerning the effectiveness of

the PROGRAM following the intent of the Federal Paperwork Reduction

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

Act. The CAP will also be responsible for reviewing information

disseminated to small business stationary sources to assure such

information is understandable to laypersons.

4. Source 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 District's program definition of the term ``small business

stationary source'' is identical to the statutory definition found in

section 507(c). All small business stationary sources located in the

District shall be eligible to receive assistance from the SBAP. Any

source which does not meet the criteria in (C), (D), and (E) above but

does not emit more than 100 tons per year of all regulated pollutants

may petition the District of Columbia to be included in the SBAP. The

District may, after public notice and opportunity for public comment,

permit such a source to participate in the SBAP even though the source

does not meet the criteria given above.

III. Summary of SIP Revision

The District has submitted a SIP revision which fully implements

each of the program elements required by CAA section 507. As previously

stated, the District has committed to fully implementing its SBAP,

administered by the Air Resources Management Division of the

Environmental Regulation Administration, by November 15, 1994. The

District's Ombudsman, located in the Office of the Administrator of the

Environmental Regulation Administration, shall complete its first

annual review of the SBAP, by November 15, 1994. The District's CAP,

authorized by Mayoral Order, shall complete its first annual review of

the SBAP and Ombudsman and submit it to EPA by November 15, 1994. In

this action, EPA is approving the SIP revision submittal by the

District of Columbia. Accordingly, Sec. 52.510 is added to 40 CFR part

52, subpart J-District of Columbia to reflect EPA's approval action and

the fact that it is considered part of the District of Columbia SIP.

EPA is approving this SIP revision 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, EPA is proposing to approve the SIP revision

should adverse or critical comments be filed. This action will become

effective October 17, 1994 unless, within 30 days of publication,

adverse or critical comments are received.

If 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. 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 on October 17, 1994.

Final Action

EPA is approving the District of Columbia's plan for the

establishment of a Small Business Stationary Source Technical and

Environmental Compliance Assistance Program. Accordingly, Sec. 52.510

is added to 40 CFR part 52, subpart J-District of Columbia 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 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, 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

significant 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 must be filed in the United States Court

of Appeals for the appropriate circuit by October 17, 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, Small business

assistance program.

Dated: June 9, 1994.

Peter H. Kostmayer,

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 J--District of Columbia

2. Section 52.510 is added to read as follows:

Sec. 52.510 Small business assistance program.

On October 22, 1993, the Administrator of the District of Columbia

Environmental Regulation Administration submitted a plan for the

establishment and implementation of a Small Business Technical and

Environmental Compliance Assistance Program as a state implementation

plan revision (SIP), as required by title V of the Clean Air Act. EPA

approved the Small Business Technical and Environmental Compliance

Assistance Program on August 17, 1994 and made it part of the District

of Columbia SIP. As with all components of the SIP, the District of

Columbia must implement the program as submitted and approved by EPA.

[FR Doc. 94-20148 Filed 8-16-94; 8:45 am]

BILLING CODE 6560-50-F