[Federal Register Volume 60, Number 37 (Friday, February 24, 1995)]
[Rules and Regulations]
[Pages 10323-10325]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-4629]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[SC-27-1-6735a; FRL-5145-8]
Approval and Promulgation of Implementation Plans South Carolina:
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 South Carolina through the South
Carolina Department of Health and Environmental Control 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 January 20, 1993, 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 April 25, 1995 unless notice is
received March 27, 1995 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: Ms. Kimberly
Bingham, Regulatory Planning and Development Section, Air Programs
Branch, Air, Pesticides & Toxics Management Division, Region 4
Environmental Protection Agency, 345 Courtland Street, NE., Atlanta,
Georgia 30365.
Copies of the material submitted by the State of South Carolina 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 4 Air Programs Branch, 345
Courtland Street, NE., Atlanta, Georgia 30365.
State of South Carolina Department of Health and Environmental
Control, Environmental Quality Control, Bureau of Air Quality Control,
2600 Bull Street, Columbia, South Carolina 29201.
FOR FURTHER INFORMATION CONTACT: Ms. Kimberly Bingham, Regulatory
Planning and Development Section, Air Programs Branch, Air, Pesticides
& Toxics Management Division, Region 4 Environmental Protection Agency,
345 Courtland Street, NE., Atlanta, Georgia 30365. The telephone number
is 404/347-3555 x4195.
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 (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. 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 South Carolina
has addressed these requirements and established a PROGRAM as described
below.
1. Small Business Assistance Program (SBAP)
South Carolina 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 South Carolina acknowledges the heart of the PROGRAM
is the Small Business Assistance Program (SBAP), which resides within
the Department of Health and Environmental Control. The SBAP
[[Page 10324]] will provide an information clearinghouse and refer
small businesses to State technical experts within the Department who
are trained to handle specific questions relevant to achieving
compliance with the CAA. In addition, the SBAP will provide for the
collection and dissemination of information to small businesses on
determining applicable requirements under the CAA, permit issuance,
small businesses' rights and obligations, compliance methods,
acceptable control technologies, pollution prevention, accidental
release prevention and detection, audit programs and procedures, and
other matters deemed useful or necessary by the Department. The
specific mechanisms for collection and dissemination of information
will be developed by the Ombudsman. The SBAP also will consider
requests from small business stationary sources for modifications of
work practices, technological methods of compliance, or compliance
procedures and provide guidance as necessary. The SBAP will utilize, on
an as needed basis, the services of other in-state entities with
expertise in various aspects related to the PROGRAM.
The dissemination of information to small businesses in South
Carolina through the SBAP involves both a proactive and a reactive
component. The Ombudsman will actively advertise the SBAP to ensure the
regulated communities are aware of their obligations under the CAA. The
reactive component takes place after the regulated community recognizes
that there is or could be some obligation on their part to comply with
the CAA. The Department is committed to supporting the proactive
component of the program through newspapers, radio, and TV
announcements and advertisements. Public service announcements will be
used to the maximum extent possible. Informational packets will be
distributed. Other avenues for disseminating information will be
utilized through the Secretary of State's office, the South Carolina
State Development Board, the Environmental Quality Control Advisory
Board, the Federal Small Business Assistance Office, the Chambers of
Commerce's Technical Committee, the General Assembly's Joint Liaison on
Small Business, other appropriate State offices, public hearings, and
by the identification of potentially affected sources by the
Department. Reactive components of the SBAP include the installation of
a toll-free hot line to facilitate contacting the Department and the
designation of the point-of-contact on the Department's staff to handle
inquiries. The Ombudsman will be the primary point-of-contact who will
either handle the question or direct the inquirer to the appropriate
source within the Department for assistance. Other sources of
information include the following: public hearings on rule changes,
control technology guidelines, EPA's Control Technology Center, the
Emissions Measurement Technical Information Center, the Emergency
Planning and Community Right to Know Hotline, EPA Regional Offices,
other state's air programs and industry and trade groups.
The SBAP will assist small businesses in determining applicable
requirements and will provide information on permit issuance,
compliance methods, acceptable control technologies, pollution
prevention, accidental release prevention and detection, and audit
programs. The SBAP will inform small businesses about their rights
under the CAA; assist in the preparation of guidance documents and
ensure that technical and compliance information is available to the
small business community and the general public; answer regulatory
questions raised by small businesses and provide them with clean air
compliance information; obtain information and counsel from other
appropriate state agencies; and participate and sponsor meetings and
conferences on air quality requirements, pollution prevention, and
other regulatory issues.
The Department will maintain lists of environmental consulting
companies that perform auditing services and will make the lists
available upon request. For those sources unable to afford consultants,
the Department will conduct a consultation audit to assess the need for
control measures and/or a permit to operate.
A small business may petition the Department to modify work
practices, compliance methods or implementation schedules in accordance
with established procedures as described in the SIP.
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.
South Carolina has appointed a Small Business Ombudsman and established
the Office of the Ombudsman within the Department of Environmental
Quality Control. Through that office, the Ombudsman will have direct
access to the Governor, the Commissioner, the Chief of the Air
Pollution Program, and other state and Federal agencies. The Ombudsman
will have the necessary autonomy to function independently of the air
program.
3. Compliance Advisory Panel
Section 507(e) of the CAA 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
will be selected by the state legislature who are owners, or represent
owners, of small businesses. The majority and minority leadership in
both the house and the senate shall each appoint one member of the
panel. One member will be selected by the head of the agency in charge
of the Air Pollution Permit Program. South Carolina established a CAP
with a membership consistent with the aforementioned CAA requirements.
The SBAP will serve as the secretariat to the CAP in the development
and dissemination or reports, advisory opinions, and other information.
The duties of the CAP include: providing advisory opinions to the
EPA and the Department regarding the effectiveness of the state PROGRAM
and the difficulties encountered by small businesses in meeting the
mandates of the CAA; reviewing information for small business
stationary air pollution sources to assure such information is
understandable to the lay person; 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
South Carolina has incorporated section 507(c)(1) and defined a
Small Business Stationary Source as a source that:
(1) Is owned or operated by a person who employs 100 or fewer
individuals;
(2) Is a small business concern as defined in the Small Business
Act;
(3) Is not a major stationary source; and
(4) Does not emit 50 tons per year (tpy) of any regulated pollutant
and emits less than 75 tpy of all regulated pollutants.
South Carolina 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
[[Page 10325]] 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 South Carolina through the Department of Health and
Environmental Control. 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 April 25, 1995. However, if notice is received
by March 27, 1995 someone wishes to submit adverse or critical
comments, this action will be withdrawn and two subsequent documents
will be published before the effective date. One document 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 CAA, 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 April 25,
1995. 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 CAA, 42 U.S.C. 7607 (b)(2).)
The OMB has exempted these actions from review under Executive
Order 12866.
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.
By today's action, the EPA is approving a State program created for
the purpose of assisting small business stationary sources in complying
with existing statutory and regulatory requirements. The program being
approved today does not impose any new regulatory burden on small
business stationary sources; it is a program under which small business
stationary sources may elect to take advantage of assistance provided
by the State. 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.
SIP approvals under 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
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations.
Dated: January 12, 1995.
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:
Authority: 42.U.S.C. 7401-7671q.
Subpart PP--South Carolina
2. Section 52.2120 is amended by adding paragraph (c)(38) to read
as follows:
Sec. 52.2120 Identification of plan.
* * * * *
(c) * * *
(38) The South Carolina Department of Health and Environmental
Control has submitted revisions to the South Carolina Air Quality
Implementation Plan on November 12, 1993. These revisions address the
requirements of section 507 of title V of the Clean Air Act and
establish the Small Business Stationary Source Technical and
Environmental Program.
(i) Incorporation by reference.
(A) The submittal of the state of South Carolina's Small Business
Assistance Program which was adopted on September 9, 1993.
(ii) Additional material. None.
[FR Doc. 95-4629 Filed 2-23-95; 8:45 am]
BILLING CODE 6560-50-F
