[Federal Register Volume 60, Number 55 (Wednesday, March 22, 1995)]
[Rules and Regulations]
[Pages 15061-15062]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-7006]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[CA-65-1-6859; FRL-5168-7]
Clean Air Act Approval and Promulgation of Title V, Section 507,
Small Business Stationary Source Technical and Environmental Compliance
Assistance Program for California
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: On May 31, 1994 EPA published the Notice of Proposed
Rulemaking to approve the State Implementation Plan (SIP) revision
submitted by the State of California for the purpose of establishing a
Small Business Stationary Source Technical and Environmental Compliance
Assistance Program (PROGRAM). The SIP revision plan was submitted by
the State to satisfy the Federal mandate, found in 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 the approval was set forth in the proposal. EPA
received one comment from the Southern California Gas Company which
does not impact the proposed action. Therefore, EPA is proceeding with
its approval of the revision to the California SIP for establishing a
PROGRAM.
EFFECTIVE DATE: This rule will become effective on April 21, 1995.
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, S.W., Washington, D.C., 20460.
State of California, Air Resources Board, 2020 L Street, Sacramento, CA
95814.
FOR FURTHER INFORMATION CONTACT: R. Michael Stenburg, A-1, U.S
Environmental Protection Agency, 75 Hawthorne Street, San
Francisco, CA 94105, (415) 744-1102.
SUPPLEMENTARY INFORMATION:
I. 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 further
guidance to the States on submitting acceptable SIP revisions.
On November 13, 1992 the State of California 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 31, 1994 Federal Register
Notice of Proposed Rulemaking (NPR) (59 FR 28036).
[[Page 15062]]
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 the PROGRAM elements meet the applicable EPA
requirements. A detailed discussion of the PROGRAM elements and
evaluations has been provided in the May 31, 1994 Federal Register NPR
(59 FR 28036).
II. Response to Public Comments
A 30-day public comment period was provided in the May 31, 1994
Federal Register NPR. EPA received one comment from the Southern
California Gas Company (Gas Company). The Gas Company commented that
governmental assistance and education programs should present factual
and objective information on fuels and fuel use characteristics without
encouraging the selection of a particular fuel or technology. Since the
PROGRAM does not advocate the use of any particular fuel but rather
serves to provide small businesses with technical assistance and
regulatory information necessary to comply with the CAA, EPA did not
find this comment to be in conflict with the SIP revision. Thus this
comment does not effect the EPA's proposal to approve the PROGRAM.
III. Final Action
EPA is approving the SIP revisions submitted by the State of
California. The revisions were made to satisfy the requirements of
Section 507 of the CAA.
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 population 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, Small business assistance program.
Note: Incorporation by reference of the State Implementation
Plan for the State of California was approved by the Director of the
Federal Register on July 1, 1982.
Dated: February 24, 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 F--California
2. Section 52.220 is amended by adding paragraph (c)(200) to read
as follows:
Sec. 52.220 Identification of plan.
* * * * *
(c) * * *
(200) Program elements were submitted on November 13, 1992 by the
Governor's designee.
(i) Incorporation by reference.
(A) Small Business Stationary Source Technical and Environmental
Compliance Assistance Program, adopted on October 15, 1992.
* * * * *
[FR Doc. 95-7006 Filed 3-21-95; 8:45 am]
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