[Federal Register Volume 60, Number 3 (Thursday, January 5, 1995)]
[Rules and Regulations]
[Pages 1738-1741]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-259]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[PA32-1-5966; FRL-5126-1]
Approval and Promulgation of Air Quality Implementation Plans;
Commonwealth of Pennsylvania Small Business 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 Commonwealth of Pennsylvania. This revision
establishes 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 (``the 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 the CAA. The intended effect of this action is to approve this SIP
revision. This action is being taken under section 110 of the CAA.
DATES: This action will become effective March 6, 1995, unless adverse
comments received on or before February 6, 1995, 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 (3AT00), U.S. Environmental Protection
Agency, Region III, 841 Chestnut Building, Philadelphia, Pennsylvania
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, Pennsylvania 19107;
Pennsylvania Department of Environmental Resources Bureau of Air
Quality Control, P.O. Box 8468, 400 Market Street, Harrisburg,
Pennsylvania 17105.
FOR FURTHER INFORMATION CONTACT: Makeba Morris, (215) 597-2923.
SUPPLEMENTARY INFORMATION:
Background
Implementation of the provisions of 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. [[Page 1739]] 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 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, section 507 of the 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 February 1, 1993, the Commonwealth of Pennsylvania 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 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 the 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. The plan must also determine the eligibility of
small business stationary sources for assistance in the program. The
plan must include the duties, funding and schedule for implementation
for the three program components.
Analysis
1. Small Business Assistance Program
Sections 7.7 through 7.9 of the 1992 Pennsylvania Air Pollution
Control Act, authorize the establishment of a Small Business Assistance
Program which meets the requirements of section 507 of the CAA. In
developing the PROGRAM submittal, the Commonwealth has delegated the
majority of its functions to the Department of Environmental Resources
(DER).
Section 507(a) of the 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 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.
Pennsylvania has met the first requirement through the use of a
independent contractor, who will conduct the reactive technical
assistance and proactive outreach portion of the program. The DER will
train the contractor in state and federal permitting and enforcement
policies. The contractor will then have the responsibility of serving
as a clearinghouse for information related to compliance methods and
control technologies, pollution prevention and accidental release
prevention and detection. In the reactive portion of the program, the
contractor will maintain a toll free telephone line for small
businesses and be responsible for responding to questions raised by
small businesses. All answers will be verified with the DER prior to
issuance. In addition, the contractor will maintain a database of all
questions and answers.
The DER will also monitor permit applications and compliance
reports, contact trade associations and the EPA for information
regarding the appropriate compliance techniques for small businesses
and maintain a database of this information, which will be used to
advise small businesses of compliance alternatives.
The contractor, in conjunction with the DER and the small business
ombudsman will implement the proactive outreach portion of the program
through the development of outreach documents (pamphlets and brochures,
etc.), and seminars for small businesses and trade associations. In
addition, the DER will maintain a computer bulletin board system which
will allow sources to download up to date information regarding
regulations and other policy documents.
The second requirement will be met through the outreach and audit
programs. Pamphlets will contain information regarding accidental
release prevention and pollution prevention. In addition, pollution
prevention and accidental release information will be provided during
onsite audits, which may be requested by the small businesses.
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.
Pennsylvania has met this requirement by providing contractor
assistance in the application process. The contractor will assist the
small business in determining if a permit is required and provide the
source with all applicable permit application forms as well as the
proper interpretation of the application forms. In addition, the
proactive outreach and reactive technical assistance portion of the
program, discussed above, will be used to assure small business will be
informed of the applicable requirements in a timely manner.
The fourth requirement is to develop adequate mechanisms to assure
that small businesses 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 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.
Pennsylvania has met these requirements by planning to maintain a toll
free telephone line to allow easy access to information regarding
federal and/or state requirements. In addition the State will inform
affected small businesses, in a timely manner by the proactive
mechanisms described above. The State will provide material, through
the outreach portion of the program on environmental auditors to assist
small businesses in meeting the requirements of CAA. The environmental
audit will determine applicable requirements, compliance status,
control options and pollution prevention alternatives. [[Page 1740]]
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. Pennsylvania has met this requirement by
establishing a mechanism to receive, review and process requests for
work practice, compliance method or milestone modifications. The
mechanism provides that the small business must submit the request in
writing to the DER, which will review said request in 30 days and make
a decision no later than 6 months from the date of submittal. Requests
will be reviewed to ensure that no violation of state or federal
requirement occur.
2. Ombudsman
Section 507(a)(3) of the CAA requires the designation of a state
office to serve as the Ombudsman for small business stationary sources.
The Pennsylvania Air Pollution Control Act, Section 7.9 designates the
Department of Commerce to house the Office of Small Business Ombudsman.
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. In addition, the Ombudsman
will review and handle complaints from small businesses regarding
improper treatment by the DER, and recommend procedural changes that
may improve relations with small businesses. The Ombudsman may sponsor
meetings and conferences and work directly with trade associations.
Finally, on an annual basis the Ombudsman must report to the Governor
and State Legislature on the effectiveness of the PROGRAM, and also
prepare reports evaluating proposed regulations for their economic
impact on small businesses.
Ombudsman's office will be staffed by two individuals, an Ombudsman
and a secretary.
3. Compliance Advisory Panel
Section 507(e) of the 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 Pennsylvania Compliance Advisory
Committee was established by the State Air Pollution Control Act,
Section 7.8. The Committee will include eleven members, seven of which
will be chosen consistent with the requirements of section 507(e) of
the CAA. The four additional members consist of the Secretary of
Commerce, the Small Business Ombudsman and two additional members
selected by the Governor.
In addition to establishing the minimum membership of the CAP, the
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.) Pennsylvania has met
these requirements by delegating the above mentioned duties to the
Compliance Advisory Committee, specifically the SIP submittal states:
the Committee will report on the program's compliance with the
requirements of the Paperwork Reduction Act, the Regulatory Flexibility
Act and the Equal Access to Justice Act and report on the program and
recommend changes that are needed as well as new material that may be
necessary to improve the effectiveness of the program.
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.
Under Section 507(c)(2) major sources may petition for admittance to
the PROGRAM. The Pennsylvania SIP revision provides a mechanism for
source inclusion upon approval by EPA. Except for source categories
which the EPA Administrator or the Commonwealth of Pennsylvania
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 Pennsylvania will be eligible to receive
assistance under the PROGRAM. Pennsylvania's PROGRAM criteria for
defining a ``small business stationary source'' is substantially
equivalent to the criteria listed in Section 507(c)(1) of the CAA. The
Commonwealth has provided for the extension of eligibility for
assistance under the PROGRAM beyond the requirements of Sections
507(c)(1)(C-E) with notice and opportunity for public comment as
provided in Section 7.5 of the Pennsylvania Air Pollution Control Act.
Summary of SIP Revision
The Commonwealth of Pennsylvania has submitted a SIP revision
implementing each of the PROGRAM elements required by section 507 of
the CAA. The Small Business Assistance Program (SBAP) will be
administered by the Department of Environmental Resources. Program
implementation will begin no later than November 1994. By this action,
EPA is hereby approving the SIP revision submitted by the Commonwealth
of Pennsylvania. Accordingly, Sec. 52.2060 is added to 40 CFR part 52,
subpart NN in order to reflect EPA's approval action and the fact that
it is considered part of the Pennsylvania SIP.
Final Action
EPA is approving the Commonwealth of Pennsylvania SIP revision
submittal for the establishment of the Small Business Assistance
Program submitted February 1, 1993. Accordingly, Sec. 52.2060 is added
to 40 CFR part 52, subpart NN--Pennsylvania 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 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
[[Page 1741]] 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 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 to approve the Pennsylvania 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 March 6, 1995. 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: August 11, 1994.
W.T. Wisniewski,
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 NN--Pennsylvania
2. Section 52.2060 is added to read as follows:
Sec. 52.2060 Small Business Assistance Program.
On February 1, 1993, the Secretary of the Pennsylvania Department
of Environmental Resources submitted a plan for the establishment and
implementation of the Small Business 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 Assistance Program
on March 6, 1995, and made it part of the Pennsylvania SIP. As with all
components of the SIP, Pennsylvania must implement the program as
submitted and approved by EPA.
[FR Doc. 95-259 Filed 1-4-95; 8:45 am]
BILLING CODE 6560-50-P
