[Federal Register Volume 59, Number 7 (Tuesday, January 11, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-661]
[[Page Unknown]]
[Federal Register: January 11, 1994]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[ND4-1-5670, UT8-1-5842; FRL-4823-9]
Clean Air Act Approval and Promulgation of Title V, Section 507,
Small Business Stationary Source Technical and Environmental Compliance
Assistance Programs for the States of North Dakota and Utah
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rulemaking.
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SUMMARY: On August 25, 1993 EPA published the notices of proposed
rulemaking to approve the State Implementation Plan (SIP) revisions
submitted by the States of North Dakota and Utah for the purpose of
establishing a Small Business Stationary Source Technical and
Environmental Compliance Assistance Program (PROGRAM) in each State.
The implementation plans were submitted by the States to satisfy the
Federal mandate, found in section 507 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
rationale for the approval was set forth in the proposals. No comments
were received pursuant to these proposed actions. Therefore, EPA is
proceeding with its approval of the revisions to the North Dakota and
Utah SIPs for establishing a PROGRAM in each State.
EFFECTIVE DATE: This rule will become effective on February 10, 1994.
ADDRESSES: Copies of the documents relevant to this action are
available for public inspection during normal business hours at: Air
Programs Branch, Environmental Protection Agency, Region VIII 999 18th
Street, Suite 500, Denver, Colorado 80202-2405.
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 of Revisions
Implementation of the provisions of the Clean Air Act (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, 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 Environmental Protection Agency (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.
The States of North Dakota and Utah submitted SIP revisions to EPA
in order to satisfy the requirements of section 507 of the CAA. In
order to gain full approval, the State's submittals 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
required by section 507(a);
(2) The establishment of a State Small Business Ombudsman to
represent the interests of small businesses in the regulatory process
which is required by section 507(a)(3); and
(3) The creation of a Compliance Advisory Panel (CAP) to determine
and report on the overall effectiveness of the SBAP required by section
507(e).
II. Summary of Submittals
The State of North Dakota has met all of the requirements of
section 507 of the CAA by submitting a SIP revision that implements all
required PROGRAM elements. N.D.C.C. sections 23-25-02 and 23-25-03
grants the Department the authority to undertake the elements of the
PROGRAM. The Governor, through Executive Order 1992-5, established the
Small Business Compliance Advisory Panel. The North Dakota State
Department of Health and Consolidated Laboratories (the Department)
formally adopted the SIP revision on October 23, 1992, which identifies
a plan to implement the PROGRAM. This SIP revision is being added to
the North Dakota SIP as section 12. The North Dakota PROGRAM was
submitted to EPA by the Governor of North Dakota on November 2, 1992,
and was initially reviewed for administrative and technical
completeness. In a letter dated December 15, 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 18, 1993, EPA notified the State in a letter
dated February 2, 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
SIP revision section 12.5 to meet the six requirements set forth in
section 507(a)(3) for the Small Business Assistance Program. The State
has met the second PROGRAM element by locating the position of the
Small Business Ombudsman in the Office of the Chief of the
Environmental Health Section effective April 6, 1992, as stated in its
SIP revision section 12.3. The State has met the third PROGRAM element
through Executive Order 1992-5 dated May 21, 1992, issued by the
Governor of North Dakota, which established a Small Business Compliance
Advisory Panel in the State of North Dakota, and by outlining in its
SIP revision section 12.4 the functions of the CAP and how the members
will be determined, which is consistent with section 507(e).
Additionally, the State of North Dakota 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 section 12.2 of the State's SIP revision.
The State of Utah has met all of the requirements of section 507 by
submitting a SIP revision that implements all required PROGRAM
elements. Section 19-2-109.2 of the Utah Code Annotated, 1953, as
amended authorizes the Utah Air Quality Board to establish a SBAP, and
create a Compliance Advisory Panel. A new section 17, which is a plan
for implementation of the SBAP, will be added to the Utah SIP. R307-2
of the Utah Air Conservation Rules incorporates this SIP revision by
reference. The Utah PROGRAM was submitted to EPA by the Governor of
Utah on November 9, 1992, with supplemental information sent on
November 5, 1992, and January 11, 1993. EPA notified the State in a
letter dated December 30, 1992, 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 of Utah has met the first PROGRAM element by committing
in section 17.3 of its regulations to meet the six requirements set
forth in section 507(a)(3) of the CAA for the Small Business Assistance
Program. The State of Utah has met the second PROGRAM element by
locating the Office of the Small Business Ombudsman in the Department
of Environmental Quality, Office of the Executive Director, as stated
in section 17.5.1 of its regulations. The State of Utah has met the
third PROGRAM element by outlining in sections 17.4.1 and 2 of its
regulations the functions of the CAP and how the members will be
determined, which is consistent with section 507(e) of the CAA.
Additionally, the State of Utah 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 section 17.2 of the State's regulations.
III. Final Action
EPA is approving the SIP revisions submitted by the States of North
Dakota and Utah. The revisions were made to satisfy the requirements of
section 507 of the CAA.
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 USEPA has submitted a
request for a permanent waiver for Table 2 and Table 3 SIP revisions.
The OMB has agreed to continue the temporary waiver until such time as
it rules on USEPA'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 two State programs created for the
purpose of assisting small businesses in complying with existing
statutory and regulatory requirements. These programs do not impose any
new regulatory burdens on small businesses; they are programs under
which small businesses may elect to take advantage of assistance
provided by the States. 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: December 28, 1993.
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 as follows:
Authority: 42 U.S.C. 7401-7671q.
Subpart JJ--North Dakota
2. Section 52.1833 is added to subpart JJ to read as follows:
Sec. 52.1833 Small business assistance program.
The Governor of North Dakota submitted on November 2, 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.
Subpart TT--Utah
3. Section 52.2348 is added to subpart TT to read as follows:
Sec. 52.2348 Small business assistance program.
The Governor of Utah submitted on November 9, 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. 94-661 Filed 1-10-94; 8:45 am]
BILLING CODE 6560-50-F
