[Federal Register Volume 59, Number 209 (Monday, October 31, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-26840]
[[Page Unknown]]
[Federal Register: October 31, 1994]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[AL-37-1-5925a; FRL-5090-6]
Approval and Promulgation of Implementation Plans Alabama: Title
V, Section 507, Small Business Stationary Source Technical and
Environmental Compliance Assistance Program
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is approving revisions to the State Implementation Plan
(SIP) submitted by the State of Alabama through the Alabama Department
of Environmental Management (ADEM) for the purpose of establishing a
Small Business Stationary Source Technical and Environmental Compliance
Assistance Program (PROGRAM), which will be fully implemented by
November 15, 1994. This implementation plan was submitted by the State
on November 13, 1992, to satisfy the federal mandate to ensure that
small businesses have access to the technical assistance and regulatory
information necessary to comply with the Clean Air Act as amended in
1990 (CAA).
DATES: This final rule is effective on December 30, 1994 unless notice
is received by November 30, 1994 that someone wishes to submit adverse
or critical comments. If the effective date is delayed, timely notice
will be published in the Federal Register.
ADDRESSES: Written comments should be addressed to: Kimberly Bingham,
Regulatory Planning and Development Section, Air Programs Branch, Air,
Pesticides & Toxics Management Division, Region IV Environmental
Protection Agency, 345 Courtland Street, NE., Atlanta, Georgia 30365.
Copies of the material submitted by the State of Alabama may be
examined during normal business hours at the following locations:
Air and Radiation Docket and Information Center (Air Docket 6102),
U.S. Environmental Protection Agency, 401 M Street, SW., Washington,
DC 20460.
Environmental Protection Agency, Region IV Air Programs Branch, 345
Courtland Street, NE., Atlanta, Georgia 30365.
Alabama Department of Environmental Management, Office of General
Counsel, 1751 Congressman W.L. Dickinson Drive, Montgomery, Alabama
36130.
FOR FURTHER INFORMATION CONTACT: Kimberly Bingham, Regulatory Planning
and Development Section, Air Programs Branch, Air, Pesticides & Toxics
Management Division, Region IV Environmental Protection Agency, 345
Courtland Street, NE., Atlanta, Georgia 30365. The telephone number is
404/347-3555 ext. 4195.
SUPPLEMENTARY INFORMATION: Implementation of the CAA will require small
businesses to comply with specific regulations in order for areas to
attain and maintain the national ambient air quality standards (NAAQS)
and reduce the emission of air toxics. In anticipation of the impact of
these requirements on small businesses, the CAA requires that states
adopt a PROGRAM, and submit this PROGRAM as a revision to the federally
approved SIP. In addition, the CAA directs the EPA to oversee the small
business assistance program 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 and the EPA guidance document
Guidelines for the Implementation of section 507 of the 1990 Clean Air
Act Amendments. 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 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. The plan must also determine
the eligibility of small business stationary sources for assistance in
the PROGRAM. The plan includes the duties, funding and schedule of
implementation for the three PROGRAM components.
Section 507(a) and (e) of the CAA set forth requirements the State
must meet to have an approvable PROGRAM. The State of Alabama has
addressed these requirements and established a PROGRAM as described
below.
1. Small Business Assistance Program (SBAP)
Alabama has established a mechanism to implement the following six
requirements set forth in section 507 of title V of the CAA:
A. The establishment of 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 comply with the CAA;
B. The establishment of 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;
C. The development of a compliance and technical assistance
program for small business stationary sources which assist small
businesses in determining applicable permit requirements under the
CAA in a timely and efficient manner;
D. The development of 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;
E. The development of 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; and
F. The development of 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 practice or method
of compliance preceding any applicable compliance date, based on the
technological and financial capability of any such small business
stationary source.
The State of Alabama Department of Environmental Management has
indicated the Chief of the Non-Industrial Section in the Engineering
Branch of the Air Division will be designated the coordinator of the
Technical and Environmental Assistance Group (TEAG). The coordinator
will direct and coordinate the activities of a group of at least six
individuals with experience in permitting, source sampling, dispersion
modeling, and public information. ADEM will support the TEAG with
additional personnel as warranted. The TEAG will establish a
clearinghouse of relevant technical and regulatory literature to
disseminate to the small business community. It will provide
information concerning compliance methods and technologies for small
business stationary sources to operators and owners through interaction
and cooperation with the Alabama Development Office (ADO), the Alabama
Department of Economic and Community Affairs (ADECA), Alabama Small
Business Development Consortium, Safe-State, the Waste Reduction and
Technology Transfer (WRATT) program, trade associations, and other
appropriate groups.
The TEAG will provide information concerning pollution prevention
and accidental release detection and prevention programs. This shall
include providing information about alternative technologies, process
changes, products, and methods of operation that reduce air pollution.
The TEAG will support the activities of the Ombudsman and answer
questions from that office, other state and local agencies, trade
associations, and other appropriate groups concerning air permit
requirements and applicability in a timely and efficient manner. Public
notices will be posted in the State's four largest newspapers of
proposed and/or final rules, regulations or standards issued under the
CAA. Personnel from the TEAG will speak at forums and/or meetings
concerning applicable proposed or final rules, regulations or standards
issued under the CAA. The TEAG will serve as the secretariat to the
Ombudsman and the Compliance Advisory Panel in the development and
dissemination of reports, advisory opinions and other information.
The TEAG will inform small businesses of the procedures for the
Department to consider requests for a variance from a rule, work
practice, standard or compliance date. The WRATT will be included in
the Assistance Group where multi-media pollution prevention opportunity
information is requested. Public service announcements, seminars and
workshops will be developed and utilized. The TEAG will use EPA
services such as the Control Technology Center (CTC) and the Emission
Measurement Technical Information Center (EMTIC). Compliance Assistance
to small businesses will be provided to aid them to identify applicable
requirements and procedures to obtain permits in a timely fashion. The
TEAG has developed and continues to work on responsive techniques,
outreach techniques and information packets. This will cover topics
such as pollution prevention, accidental release prevention and
detection, source rights and obligations, and how to obtain approval
for modification of work practices, compliance methods or schedules of
compliance.
The Department will perform on-site audits at the request of small
businesses to evaluate work practices, compliance monitoring procedures
and recordkeeping procedures. Such audits may be performed by
Department personnel or by the WRATT program at no cost to the small
businesses.
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.
Alabama has appointed a Small Business Ombudsman and established the
office of Alabama Small Business Ombudsman to represent the interests
of small businesses as they come under the regulation of the CAA and
the oversight of the Small Business Technical and Environmental
Assistance Group. The Ombudsman reports directly to the Director of the
Department of Environmental Management. The Alabama Ombusman operates a
toll-free hotline to provide free confidential help to small businesses
on specific source problems and grievances. The Ombudsman is authorized
to communicate directly with the Governor's Office, the Director of
ADEM, the Chief of the Air Division, other state agencies and other
government officials. The Ombudsman may propose legislation or
administrative action through ADEM or the Compliance Advisory Panel.
3. Compliance Advisory Panel
Section 507(e) of the CAA requires the state to establish a
Compliance Advisory Panel (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. Alabama established a seven member CAP with a
membership consistent with the aforementioned CAA requirements. The
makeup of the CAP is prescribed as required by the CAA and
administrative support will be provided by the Department to fulfill
all the responsibilities under the CAA.
The duties of the CAP include: rendering advisory opinions
regarding the effectiveness of the Small Business Technical and
Environmental Assistance Group; reviewing information for small
business stationary air pollution sources to assure such information is
understandable by the layperson; and to make periodic reports to the
Administrator of the Environmental Protection Agency in accordance with
the requirements of the Paperwork Reduction Act, the Regulatory
Flexibility Act, and the Equal Access to Justice Act.
4. Source Eligibility
Alabama has incorporated section 507(c)(1) and defined a Small
Business Stationary Source as a source that:
(1) Operates in Alabama;
(2) Is owned or operated by a person who employs 100 or fewer
individuals;
(3) Is a small business concern as defined in the Small Business
Act;
(4) Is not a major stationary source as defined in Titles I and
III of the CAA which means the potential to emit for the source is
less than:
a. 100 tons per year (tpy) of any criteria air pollutant;
b. 10 tpy of any toxic pollutant; or
c. 25 tpy of all toxic pollutants;
(5) Does not emit 50 tpy or more of any regulated pollutant; and
(6) Emits less than 75 tpy of all regulated pollutants.
Alabama has established the following mechanisms as required by
section 507: (1) A process 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; (2) A process for public notice and comment on grants of
eligibility to sources that do not meet the provisions of sections
507(c)(1)(C), (D), and (E) of the CAA, but do not emit more than 100
tpy of all regulated pollutants; and (3) A process for exclusion from
the small business stationary source definition, after consultation
with the EPA and the Small Business Administration Administrator and
after providing notice and opportunity for public comment, of any
category or subcategory of sources that the Department determines to
have sufficient technical and financial capabilities to meet the
requirements of the CAA.
Final Action
In this action, EPA is approving the PROGRAM SIP revision submitted
by the State of Alabama through the Alabama Department of Environmental
Management. This action is being taken without prior proposal because
the changes are noncontroversial and EPA anticipates no significant
comments on them. The public should be advised that this action will be
effective on December 30, 1994. However, if notice is received by
November 30, 1994 that someone wishes to submit adverse or critical
comments, this action will be withdrawn and two subsequent notices will
be published before the effective date. One notice will withdraw the
final action and another will begin a new rulemaking by announcing a
proposal of the action and establishing a comment period.
Under section 307(b)(1) of the Act, 42 U.S.C. 7607 (b)(1),
petitions for judicial review of this action must be filed in the
United States Court of Appeals for the appropriate circuit by December
30, 1994. Filing a petition for reconsideration by the Administrator of
this final rule does not affect the finality of this rule for 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) of the Act, 42 U.S.C. 7607 (b)(2)).
This action has been classified as a Table 2 action 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 Shapiro, Acting Assistant Administrator for Air
and Radiation. A future document will inform the general public of
these tables. On January 6, 1989, the Office of Management and Budget
(OMB) waived Table 2 and 3 SIP revisions from the requirements of
Section 3 of Executive Order 12291 for 2 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 USEPA's request. This request continues in effect under Executive
Order 12866 which superseded Executive Order 12291 on September 30,
1993.
Nothing in this action shall be construed as permitting or allowing
or establishing a precedent for any future request for a 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.
SIP approvals under section 110 and subchapter I, part D of the CAA
do not create any new requirements, but simply approve requirements
that the State is already imposing. Therefore, because the federal SIP-
approval does not impose any new requirements, I certify that it does
not have a significant impact on any small entities affected. Moreover,
due to the nature of the federal-state relationship under the CAA,
preparation of a regulatory flexibility analysis would constitute
federal inquiry into the economic reasonableness of state action. The
CAA forbids EPA to base its actions concerning SIPs on such grounds.
Union Electric Co. v. Environmental Protection Agency, 427 U.S. 246,
256-66 (S.Ct. 1976); 42 U.S.C. 7410(a)(2) and 7410(k).
List of Subjects in 40 CFR Part 52
Air Pollution Control, Incorporation by reference,
Intergovernmental relations, Small business stationary source technical
and environmental assistance program.
Dated: October 4, 1994.
Patrick M. Tobin,
Acting Regional Administrator.
Part 52 of chapter I, title 40, Code of Federal Regulations, is
amended as follows:
PART 52--[AMENDED]
1. The authority citation for part 52 continues to read as follows:
Subpart B--Alabama
Authority: 42. U.S.C. 7401-7671q.
2. Section 52.50 is amended by adding paragraph (c) (62) to read as
follows:
Sec. 52.50 Identification of plan.
* * * * *
(c) * * *
(62) The Alabama Department of Environmental Management has
submitted revisions to chapter 11 of the Alabama Statute on November
13, 1992. These revision address the requirements of section 507 of
Title V of the CAA and establish the Small Business Stationary Source
Technical and Environmental Assistance Program (PROGRAM).
(i) Incorporation by reference.
(A) Alabama statute 11.1, effective November 13, 1993.
(ii) Additional information--None.
* * * * *
[FR Doc. 94-26840 Filed 10-28-94; 8:45 am]
BILLING CODE 6560-50-P
