[Federal Register Volume 59, Number 191 (Tuesday, October 4, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-24422]
[[Page Unknown]]
[Federal Register: October 4, 1994]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[NH-8-1-6599; A-1-FRL-5075-4]
Approval and Promulgation of Title V, Section 507, Small Business
Stationary Source Technical and Environmental Compliance Assistance
Program for New Hampshire
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: EPA is conditionally approving a State Implementation Plan
(SIP) revision submitted by the State of New Hampshire for the purpose
of establishing a small business stationary source technical and
environmental compliance assistance program (PROGRAM). The SIP revision
was submitted by the State 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
(CAA). The rational for this conditional approval is set forth in this
final rulemaking action; additional information is available at the
address indicated below.
EFFECTIVE DATE: This final rule is effective on November 3, 1994.
ADDRESSES: Copies of the documents relevant to this action are
available for public inspection during normal business hours, by
appointment at the Air, Pesticides and Toxics Management Division, U.S.
Environmental Protection Agency, Region I, One Congress Street, 10th
floor, Boston, MA; Air and Radiation Docket and Information Center,
U.S. Environmental Protection Agency, 401 M Street, SW., (LE-131),
Washington, DC 20460; and the Air Resources Division, Department of
Environmental Services, 64 North Main Street, Caller Box 2033, Concord,
NH 03302-2033.
FOR FURTHER INFORMATION CONTACT: Emanuel Souza, Jr., (617) 565-3248.
SUPPLEMENTARY INFORMATION:
I. Background
Implementation of the provisions of the 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 PROGRAM, and
submit this PROGRAM as a revision to the federally approved SIP. In
addition, the CAA directs the EPA to oversee these 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 June 14, 1994 (59 FR 30564), EPA published a notice of
proposed rulemaking (NPR) for the State of New Hampshire. The NPR
proposed conditional approval of the State's PROGRAM. The formal SIP
revision was submitted by New Hampshire on January 12, 1993 and May 19,
1994. A more detailed account of EPA's action can be found in the
proposed rule.
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 (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.
II. Summary of Submittal
EPA reviewed New Hampshire's PROGRAM and is conditionally approving
it pursuant to section 110(k)(4) of the CAA. This approval is on the
condition that New Hampshire meet its commitment to submit
documentation to EPA by November 15, 1994 of adequate legal authority
to establish and implement the PROGRAM and also submits the
documentation designating a state agency to house the small business
ombudsman. Additionally, the PROGRAM must be fully operational by
November 15, 1994.
Other specific requirements of this SIP revision and the rationale
for EPA's action are explained in the NPR and will not be restated
here. No public comments were received on the NPR.
Final Action
EPA is conditionally approving the SIP revision submitted by the
State of New Hampshire on January 12, 1993 and May 19, 1994 as a
revision to the New Hampshire SIP. The State must submit to EPA by
November 15, 1994 documentation of a designated state agency to house
the small business ombudsman and adequate legal authority which allows
a compliance advisory panel and a small business ombudsman to be
established and implemented, incorporating all the elements listed in
section 507(e) of the CAA; the PROGRAM must also be fully operational
by that date. If the State fails to do so, this approval will become a
disapproval on that date. EPA will notify the State by letter that this
action has occurred. At that time, this commitment will no longer be a
part of the approved New Hampshire SIP. EPA subsequently will publish a
document in the Federal Register notifying the public that the
conditional approval automatically converted to a disapproval. If the
State meets its commitment, within the applicable time frame, the
conditionally approved submission will remain a part of the SIP until
EPA takes final action approving or disapproving the new legislative
authority. If EPA disapproves the new submittal, the conditionally
approved small business program will also be disapproved at that time.
If EPA approves the submittal, the small business program will be fully
approved in its entirety and replace the conditionally approved program
in the SIP.
If the conditional approval is converted to a disapproval, such
action will trigger EPA's authority to impose sanctions under section
110(m) of the CAA at the time EPA issues the final disapproval or on
the date the State fails to meet its commitment. In the latter case,
EPA will notify the State by letter that the conditional approval has
been converted to a disapproval and that EPA's sanctions authority has
been triggered. In addition, the final disapproval triggers the Federal
implementation plan (FIP) requirement under section 110(c). Pursuant to
section 507(b)(3), EPA will provide for implementation of the program
provisions required under section 507(a)(4) in any State that fails to
submit such a program under that subsection. Therefore, EPA would have
to provide for a compliance assistance program which assists small
business stationary sources in determining applicable requirements and
in receiving permits under the CAA.
Conditional approvals of SIP submittals 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. U.S. E.P.A., 427
U.S. 246, 256-66 (S.Ct. 1976); 42 U.S.C. 7410 (a)(2).
If the conditional approval is converted to a disapproval under
section 110(k), based on the State's failure to meet the commitment, it
will not affect any existing state requirements applicable to small
entities. Federal disapproval of the state submittal does not affect
its state-enforceability. Moreover, EPA's disapproval of the submittal
does not impose a new Federal requirement. Therefore, EPA certifies
that this disapproval action does not have a significant impact on a
substantial number of small entities because it does not remove
existing state requirements nor does it substitute a new Federal
requirement.
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.
This action has been classified as a Table 3 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 H. Shapiro, Acting Assistant Administrator for
Air and Radiation. A future document will inform the general public of
these tables. The Office of Management and Budget (OMB) has exempted
this action under Executive Order 12866.
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.
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 5, 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, Incorporation by
reference, Intergovernmental relations, Small business assistance
program.
Note: Incorporation by reference of the State Implementation
Plan for the State of New Hampshire was approved by the Director of
the Federal Register on July 1, 1982.
Dated: August 26, 1994.
John P. DeVillars,
Regional Administrator, Region I.
Part 52 of 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 EE--New Hampshire
2. Section 52.1519 is added to subpart EE to read as follows:
Sec. 52.1519 Identification of plan--Conditional approval.
(a) The following plan revisions were submitted on the dates
specified.
(1) On January 12, 1993, the New Hampshire Department of
Environmental Services submitted a small business stationary source
technical and environmental compliance assistance program (PROGRAM). On
May 19, 1994, New Hampshire submitted a letter deleting portions of the
January 12, 1993 submittal. In these submissions, the State commits to
designate a state agency to house the small business ombudsman and to
submit adequate legal authority to establish and implement a compliance
advisory panel and a small business ombudsman. Additionally, the State
commits to have a fully operational PROGRAM by November 15, 1994.
(i) Incorporation by reference.
(A) Letter from the New Hampshire Department of Environmental
Services dated January 12, 1993 submitting a revision to the New
Hampshire State Implementation Plan.
(B) State Implementation Plan Revision for a Small Business
Technical and Environmental compliance Assistance Program dated January
12, 1993.
(C) Letter from the New Hampshire Department of Environmental
Services dated May 19, 1994 revising the January 12, 1993 submittal.
(ii) Additional materials.
(A) Non-regulatory portions of the State submittal.
[FR Doc. 94-24422 Filed 10-3-94; 8:45 am]
BILLING CODE 6560-50-F
