[Federal Register Volume 61, Number 206 (Wednesday, October 23, 1996)]
[Rules and Regulations]
[Pages 54948-54950]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-27130]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[Region 2 Docket No. NJ12-3-157a, VI2-3-158a; FRL-5637-8]
Clean Air Act Approval and Promulgation of Title V, Section 507,
Small Business Stationary Source Technical and Environmental Compliance
Assistance Program; New Jersey and the U.S. Virgin Islands
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: The EPA is fully approving the State Implementation Plan (SIP)
revisions submitted by the States of New Jersey and the U.S. Virgin
Islands for the establishment of Compliance Advisory Panels under their
Small Business Stationary Source Technical and Environmental Compliance
Assistance Programs. The SIP revisions were submitted by New Jersey and
the Virgin Islands to satisfy the Federal mandate, found in the Clean
Air Act (CAA), that states create a Compliance Advisory Panel which is
authorized to determine the state's effectiveness in ensuring 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 rule is effective on December 23, 1996 unless adverse or
critical comments are received by November 22, 1996. If the effective
date is delayed, timely notice will be published in the Federal
Register.
ADDRESSES: Copies of all of New Jersey's and the Virgin Islands'
submittals are available for inspection during normal business hours at
the EPA Region 2 Office, 290 Broadway, 25th Floor, New York, New York
10007-1866. In addition, copies can be found at the New Jersey
Department of Environmental Protection, Office of Permit Information
and Assistance, 401 East State Street, Trenton, New Jersey, attention:
Chuck McCarty; and the Virgin Islands Department of Planning and
Natural Resources, Division of Environmental Protection, Wheatley
Shopping Center #2, St. Thomas, VI 00802, attention: Marilyn Stapleton.
[[Page 54949]]
All comments should be addressed to: Ronald J. Borsellino, Chief,
Air Programs Branch, Environmental Protection Agency, Region 2 Office,
290 Broadway, New York, New York 10007-1866.
FOR FURTHER INFORMATION CONTACT: Christine Fazio, Permitting Section,
Air Programs Branch, at the above EPA address or at telephone number
(212) 637-4015.
SUPPLEMENTARY INFORMATION:
I. Background
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 (Final Guidelines) 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.
In order to gain full approval, the state submittal must provide
for each of the following PROGRAM components: (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.
EPA proposed to conditionally approve New Jersey's and the U.S.
Virgin Islands' SIPs on December 21, 1993 (58 FR 67383) and finalized
the conditional approval on July 5, 1994 (59 FR 34383). A detailed
discussion of New Jersey's and the Virgin Islands' PROGRAM and EPA's
evaluations of the PROGRAM is contained in the above cited Federal
Registers. EPA found that New Jersey and the U.S. Virgin Islands lacked
the requisite authority to establish a CAP. Therefore, EPA
conditionally approved New Jersey's and the U.S. Virgin Islands'
section 507 programs and stated that full approval will be granted once
authority to establish a CAP has been enacted and submitted as a SIP
revision.
II. Summary of Submittal
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. The Governor of New Jersey signed
Chapter 188 of the Laws of New Jersey on August 2, 1995. New Jersey's
law specified the CAP's make-up, terms, and duties consistent with
section 507 of the CAA. The Governor of the U.S. Virgin Islands signed
Act No. 6011 on September 2, 1994 which authorizes the establishment of
a CAP. Act No. 6011 specifies the CAP's make-up, terms, and duties
consistent with the requirements in section 507 of the CAA.
III. Final Action
EPA is fully approving the SIP revisions submitted by New Jersey
and the U.S. Virgin Islands. The revisions satisfy the requirements of
section 507 of the CAA.
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. This action will be
effective December 23, 1996 unless, by November 22, 1996, 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 notice that will
withdraw the final action. All public comments received will 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 December 23, 1996.
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
relation to relevant statutory and regulatory requirements.
Administrative Requirements
Executive Order 12866
This action has been classified as a Table 3 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 a
July 10, 1995 memorandum from Mary Nichols, Assistant Administrator for
Air and Radiation. The Office of Management and Budget (OMB) has
exempted this regulatory action from E.O. 12866 review.
Regulatory Flexibility Act
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 today's action, EPA is fully approving State programs created
for the purpose of assisting small businesses in complying with
existing statutory and regulatory requirements. The programs being
fully approved today do not impose any new regulatory burden on small
businesses; they are programs under which small businesses may elect to
take advantage of assistance provided by the State. Therefore, because
the full approval does not impose any new regulatory requirements on
small businesses, EPA certifies that this action does not have a
significant economic impact on any small entities affected.
Unfunded Mandates
Under section 202 of the Unfunded Mandates Reform Act of 1995
(``Unfunded Mandates Act''), signed
[[Page 54950]]
into law on March 22, 1995, EPA must prepare a budgetary impact
statement to accompany any proposed or final rule that includes a
Federal mandate that may result in estimated costs to State, local, or
tribal governments in the aggregate; or to private sector, of $100
million or more. Under section 205, EPA must select the most cost-
effective and least burdensome alternative that achieves the objectives
of the rule and is consistent with statutory requirements. Section 203
requires EPA to establish a plan for informing and advising any small
governments that may be significantly or uniquely impacted by the rule.
EPA has determined that the approval action promulgated does not
include a Federal mandate that may result in estimated costs of $100
million or more to either State, local, or tribal governments in the
aggregate, or to the private sector. This federal action approves pre-
existing requirements under State or local law, and imposes no new
Federal requirements. Accordingly, no additional costs to State, local,
or tribal governments, or to the private sector, result from this
action.
Submission to Congress and the General Accounting Office
Under 5 U.S.C. 801(a)(1)(A) as added by the Small Business
Regulatory Enforcement Fairness Act of 1996, EPA submitted a report
containing this rule and other required information to the U.S. Senate,
the U.S. House of Representatives and the Comptroller General of the
General Accounting Office prior to publication of the rule in today's
Federal Register. This rule is not a ``major rule'' as defined by 5
U.S.C. section 804(2).
Petitions for Judicial 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 December 23, 1996. 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: September 30, 1996.
William J. Muszynski,
Acting Regional Administrator.
For the reasons set forth in the preamble, the State implementation
Plan revisions which were conditionally approved and listed in 40 CFR
52.1607 and 52.2782 (59 FR 34386, July 5, 1994) are fully approved.
[FR Doc. 96-27130 Filed 10-22-96; 8:45 am]
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