[Federal Register Volume 59, Number 24 (Friday, February 4, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-2282]
[[Page Unknown]]
[Federal Register: February 4, 1994]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[VA15-1-5995; A-1-FRL-4831-8]
Approval and Promulgation of Air Quality Implementation Plans;
Commonwealth of Virginia-Small Business Stationary Source Technical and
Environmental Compliance 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 Virginia for the purpose of
establishing a Small Business Stationary Source Technical and
Environmental Compliance Assistance Program. This SIP revision was
submitted by the Commonwealth to satisfy the Federal mandate of the
Clean Air Act (CAA), to ensure that small businesses have access to the
technical assistance and regulatory information necessary to comply
with the CAA. The rationale for approving is set forth in this
document; additional information is available at the address indicated.
This action is being taken in accordance with the provisions of the
CAA.
EFFECTIVE DATE: This action will become effective April 5, 1994, unless
notice is received on or before March 7, 1994, 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, U.S. Environmental Protection Agency,
Region III, 841 Chestnut Building, Philadelphia, PA 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, PA 19107; Public Information Reference
Unit, U.S. Environmental Protection Agency, 401 M Street, SW.,
Washington, DC 20460; and Virginia Department of Environmental Quality,
629 E. Main Street, Richmond Virginia, 23219.
FOR FURTHER INFORMATION CONTACT: Lisa M. Donahue, (215) 597-9781.
SUPPLEMENTARY INFORMATION:
I. 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. 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 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 November 10, 1992, the Commonwealth of Virginia submitted a
formal revision to its SIP. The SIP revision consists of a plan for
establishing a Small Business Stationary Source Technical and
Environmental Compliance Assistance Program. In order to gain full
approval, the Commonwealth's 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.
Under sections 10.1-1323 through 10.1-1326 of the Code of Virginia,
the Department of Air Pollution Control, now the Department of
Environmental Quality (VA DEQ), is authorized to create and administer
the Small Business Stationary Source Technical and Environmental
Compliance Assistance Program. This law authorizes VA DEQ to create and
administer the SBAP. This law also creates an Office of Small Business
Ombudsman and a Small Business Environmental Compliance Advisory Board,
and defines source eligibility for the SBAP.
II. Evaluation of SIP Revision
Section 507(a) of the CAA sets forth seven requirements that the
Commonwealth must meet to have an approvable SBAP. Four of these
requirements are discussed in the first section and the requirement for
the establishment of an Ombudsman in the second section. Discussion of
the remaining two requirements follows the third section.
1. Small Business Assistance Program
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.
Virginia has met these first two requirements by establishing a
SBAP, located in the VA DEQ Office of Permit Assistance, with the
responsibility of serving as a clearinghouse for information related to
compliance methods and control technologies, pollution prevention and
accidental release prevention and detection. The Virginia SBAP will
disseminate information on compliance which is easily understandable to
a nontechnical audience as well as handle inquiries on specific methods
for achieving compliance with state and Federal regulations.
The information dissemination will be both proactive and reactive.
VA DEQ Air Division has presented a series of seminars throughout
Virginia to explain applicable requirements to small businesses and
interested citizens. Another series of seminars is being planned, with
the assistance of Virginia's Department of Economic Development. The VA
DEQ Air Division will also receive seminar assistance from the Waste
Management Division and the Emergency Services Division for pollution
prevention and accidental release prevention, respectively. The SBAP
manager and staff members will develop public service announcements
(PSAs) and information packages of print material, addressing all
topics germane to the SBAP, including compliance, pollution prevention,
accidental release prevention, legal rights under the CAA, permitting
assistance, notification of rights, audits, and source modification.
The PSAs and mailings of print material will begin in November, 1994.
For the reactive component of the SBAP, a toll-free number will be
installed by October, 1994. Through outreach techniques, the SBAP staff
will inform small business stationary sources of their obligations
under the CAA.
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, and
the fourth requirement is to develop 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. Virginia has met these requirements through the SBAP. The staff of
the SBAP will compile a list of technical referrals who will assist
them in responding to specific inquiries. The VA DEQ's Air Division,
Office of Compliance and Enforcement (OCE) and regional offices
currently offer compliance assistance to sources in determining
applicable requirements of the CAA. The OCE will serve as technical
experts available for referral by the SBAP in identifying applicable
rules, determining necessity of a permit, and identifying alternatives
for achieving compliance with state and local regulations.
2. Ombudsman Office
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 Code of Virginia, section 10.1-1324 authorizes the creation of the
Ombudsman's office. In VA DEQ, the Director of the Office of Permit
Assistance serves as Ombudsman. The Ombudsman is appointed by the DEQ's
Director and reports directly to him or her, and the SBAP manager
reports to the Ombudsman. Additionally, each of Virginia's seven air
quality control regional offices will have an appointed liaison.
3. Compliance Advisory Board
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. Virginia has established a Compliance Advisory Board
pursuant to the Code of Virginia, section 10.1-1325. It is comprised of
seven members who are appointed for four-year terms, starting on July
31, 1993. The makeup of the board is prescribed as is required by
section 507(e). Members of the board will serve without pay, and
administrative support for the Board will be funded through the
ombudsman's office.
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.) The duties and
responsibilities of Virginia's Compliance Advisory Board under section
10.1-1326 of the Code of Virginia indicate that it will be responsible
for all four of the activities listed above.
The sixth requirement of CAA section 507(a) is to develop adequate
mechanisms for informing small business stationary sources of their
obligations under the Act, including mechanisms for referring such
sources to qualified auditors or, at the option of the Commonwealth,
for providing audits of the operations of such sources to determine
compliance with the Act. Virginia's Ombudsman and Compliance Advisory
Board will develop procedures for referring sources to qualified
auditors. The procedures will determine how auditors will qualify, what
the cost will be, the format and content of the audit report, and
Virginia's actions in the event of a violation discovered during an
audit. The audit procedures will be completed by July 31, 1994.
The seventh requirement of CAA section 507(a) 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. Virginia
has committed to develop procedures for consideration of requests from
a source for modification of work practices. The source modification
procedures will be completed by July 31, 1994.
4. Source 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.
Code of Virginia section 10.1-1323 duplicates the language of CAA
section 507(c)(1) in defining eligible stationary sources. It also
provides for the State Air Pollution Control Board to hear petitions
for eligibility and eligibility exclusions. The Board will consult with
both EPA and the Small Business Administration regarding exclusions.
The Ombudsman and Compliance Advisory Board will be responsible for
developing eligibility determination procedures.
III. Summary of SIP Revision
The Commonwealth of Virginia has submitted a SIP revision providing
for each of the program elements required by CAA section 507. As
previously stated, the authority to implement the SBAP has been
delegated to the Department of Environmental Quality. Program
implementation will begin no later than November 15, 1994. The Director
of the Department of Environmental Quality will appoint the Ombudsman
and hire the three staff dedicated to implementing the program at the
beginning of the Commonwealth's 1993-1994 fiscal year. The Code of
Virginia, section 10.1-1325 authorizes the creation of a Compliance
Advisory Board to periodically review the effectiveness of the SBAP.
All members will be appointed for four year terms, starting no later
than July 31, 1993. In this action, EPA is approving the SIP revision
submittal by the Commonwealth of Virginia. Accordingly, Sec. 52.2460 is
added to 40 CFR part 52, subpart VV-Virginia to reflect EPA's approval
action and the fact that it is considered part of the Virginia SIP.
EPA is approving this SIP revision without prior proposal because
the Agency views this as a noncontroversial amendment and anticipates
no adverse comments. This action will be effective April 5, 1994,
unless, by March 7, 1994, notice is received that adverse or critical
comments will be submitted. If such notice is received, this action
will be withdrawn before the effective date by simultaneously
publishing two subsequent notices. 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. If no such comments
are received, the public is advised that this action will be effective
on April 5, 1994.
Final Action
EPA is approving Virginia's plan for the establishment of a Small
Business Stationary Source Technical and Environmental Compliance
Assistance Program. Accordingly, 40 CFR 52.2460 is added to reflect
EPA's approval action. The Agency has reviewed this request for
revision of the federally-approved state implementation plan for
conformance with the Clean Air Act, including sections 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
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.
In 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 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.
This action to approve the establishment of a Small Business
Stationary Source Technical and Environmental Compliance Assistance
Program in Virginia 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. On January 6,
1989, the Office of Management and Budget waived Table 2 and Table 3
SIP revisions from the requirements of section 3 of Executive Order
12291 for a period of two years. EPA has submitted a request for a
permanent waiver for Table 2 and 3 SIP revisions. OMB has agreed to
continue the temporary waiver until such time as it rules on EPA's
request. This request is still applicable under Executive Order 12866,
which superseded Executive Order 12291 on September 30, 1993.
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action to approve the establishment of a Small Business
Stationary Source Technical and Environmental Compliance Assistance
Program in Virginia must be filed in the United States Court of Appeals
for the appropriate circuit by April 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, Small business
assistance program.
Dated: November 10, 1993.
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 VV--Virginia
2. Subpart VV is amended by adding Sec. 52.2460 to read as follows:
Sec. 52.2460 Small business stationary source technical and
environmental compliance assistance program.
On November 10, 1992, the Executive Director of the Virginia
Department of Air Pollution Control submitted a plan for the
establishment and implementation of a Small Business Stationary Source
Technical and Environmental Compliance Assistance Program as a State
Implementation Plan revision, as required by title V of the Clean Air
Act. EPA approved the Small Business Stationary Source Technical and
Environmental Compliance Assistance Program on February 4, 1994, and
made it a part of the Virginia SIP. As with all components of the SIP,
Virginia must implement the program as submitted and approved by EPA.
[FR Doc. 94-2282 Filed 2-3-94; 8:45 am]
BILLING CODE 6560-50-F
