[Federal Register Volume 61, Number 28 (Friday, February 9, 1996)]
[Rules and Regulations]
[Pages 4901-4902]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-2828]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[NV23-1-7219a; FRL-5338-8]
Clean Air Act Approval and Promulgation of Title V, Section 507,
Small Business Stationary Source Technical and Environmental Compliance
Assistance Program for Nevada
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is taking direct final action on revisions to the Nevada
State Implementation Plan. On May 3, 1995 EPA published the Notice of
Proposed Rulemaking to partially approve and partially disapprove the
State Implementation Plan (SIP) revision submitted by the State of
Nevada for the purpose of establishing a Small Business Stationary
Source Technical and Environmental Compliance Assistance Program
(PROGRAM). The cause of the proposed disapproval has since been
corrected by the State. Thus, EPA is finalizing approval of these
revisions into the Nevada SIP under provisions of the CAA regarding EPA
action on SIP submittals and plan requirements for establishing a
PROGRAM.
DATES: This action is effective on April 9, 1996 unless adverse or
critical comments are received by March 11, 1996. If the effective date
is delayed, a timely notice will be published in the Federal Register.
ADDRESSES: Copies of the documents relevant to this action are
available for public inspection during normal business hours at the
following locations: U.S. Environmental Protection Agency, 75 Hawthorne
Street, San Francisco, CA 94105.
U.S. Environmental Protection Agency, Air Docket 6102, 401 ``M'' Street
SW., Washington, DC 20460.
Nevada Division of Environmental Protection, Bureau of Air Quality, 123
West Nye Lane, Room 123, Carson City, NV 89710.
FOR FURTHER INFORMATION CONTACT: R. Michael Stenburg, A-1, U.S.
Environmental Protection Agency, 75 Hawthorne Street, San Francisco, CA
94105, (415) 744-1182.
SUPPLEMENTARY INFORMATION:
1. 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, in order to delineate the Federal and State roles in
meeting the new statutory provisions and as a tool to provide
[[Page 4902]]
further guidance to the States on submitting acceptable SIP revisions.
On June 28, 1994, the State of Nevada submitted a SIP revision to
EPA in order to satisfy the requirements of Section 507. 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. A detailed discussion of the background for each of the above
PROGRAM elements is provided in the May 3, 1995 Federal Register Notice
of Proposed Rulemaking (NPR) 60 FR 21781. EPA proposed to partially
disapprove the June 28, 1994 submittal for not satisfying the
Compliance Advisory Panel requirements for indicating an implementation
schedule of milestones showing when the officials will be appointed and
when the program will be operational and for not indicating that the
Compliance Advisory Panel will review and assure that information for
small business stationary sources is easily understandable. On June 20,
1995 the State held a public hearing which adopted an implementation
schedule and the aforementioned procedure for insuring information is
understandable by the layperson. On July 5, 1995 the State submitted
the corresponding SIP revision which became effective on July 5, 1995.
EPA has evaluated all of the above PROGRAM elements for consistency
with the requirements of the CAA and the EPA policy guidance document.
EPA has found that all the PROGRAM elements now meet the applicable EPA
requirements. A detailed discussion of the background for each of the
above PROGRAM elements is provided both in this Federal Register and in
the May 3, 1995 Federal Register Notice of Proposed Rulemaking (NPR).
II. Response to Public Comments
A 30-day public comment period was provided in the May 3, 1995
Federal Register NPR. EPA received no public comments.
III. Final Action
EPA is approving the SIP revisions submitted by the State of
Nevada. The revisions were made to satisfy the requirements of Section
507 of the CAA.
EPA is publishing this document 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 April 9, 1996, unless, by March 11, 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 document that will
withdraw the final action. All public comments received will then 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 April 9, 1996.
The OMB has exempted this action from review under Executive Order
12866.
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 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 today
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.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations.
Note: Incorporation by reference of the State Implementation
Plan for the State of Nevada was approved by the Director of the
Federal Register on July 1, 1982.
Dated: November 20, 1995.
Felicia Marcus,
Regional Administrator.
Part 52, 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 DD--Nevada
2. Section 52.1470 is amended by adding paragraphs (c) (34) and
(35) to read as follows:
Sec. 52.1470 Identification of plan.
* * * * *
(c) * * *
(34) Program elements were submitted on June 28, 1994 by the
Governor's designee.
(i) Incorporation by reference.
(A) Small Business Stationary Source Technical and Environmental
Compliance Assistance Program, adopted on June 28, 1994.
(35) Program elements were submitted on July 5, 1995 by the
Governor's designee.
(i) Incorporation by reference.
(A) Small Business Stationary Source Technical and Environmental
Compliance Assistance Program, adopted on July 5, 1995.
[FR Doc. 96-2828 Filed 2-8-96; 8:45 am]
BILLING CODE 6560-50-P
