[Federal Register Volume 59, Number 43 (Friday, March 4, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-4991]
[[Page Unknown]]
[Federal Register: March 4, 1994]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[MT14-1-5669; FRL-4843-9]
Clean Air Act Approval and Promulgation of Title V, Section 507,
Small Business Stationary Source Technical and Environmental Compliance
Assistance Program for the State of Montana
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rulemaking.
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SUMMARY: The EPA is approving the State Implementation Plan revision
submitted by the Governor of Montana on October 19, 1992 for the
purpose of establishing a Small Business Stationary Source Technical
and Environmental Compliance Assistance Program to satisfy the Federal
mandate of the Clean Air Act to ensure that small businesses have
access to the technical assistance and regulatory information necessary
to comply with the Act. Since this is a voluntary program that does not
impose any new regulatory burdens on small businesses, the EPA is
proceeding with a direct final approval of this SIP revision. The
rationale for this approval follows.
EFFECTIVE DATE: This rule will become effective on April 4, 1994.
FOR FURTHER INFORMATION CONTACT: Laura Farris, Mail Code 8ART-AP, EPA
Region 8, 999 18th Street, suite 500, Denver, Colorado 80202-2405,
(303) 294-7539.
SUPPLEMENTARY INFORMATION:
I. Background of Revision
Implementation of the provisions of the Clean Air Act (Act), 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 Act 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 State Implementation Plan (SIP). In
addition, the Act 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 Act. In February 1992, the
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.
The State of Montana has submitted a SIP revision to the 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.
II. Summary of Submittal
The State of Montana has met all of the requirements of section 507
by submitting a SIP revision that implements all required PROGRAM
elements. House Bill (HB) 318 signed into law on April 23, 1993,
provides authority for the Montana Department of Health and
Environmental Sciences to establish a PROGRAM. The Montana Board of
Health and Environmental Sciences held a public hearing on September
25, 1992 to consider and approve the PROGRAM, which will amend the
Montana SIP to add Chapter 10 of Volume I. The Montana PROGRAM was
submitted to the EPA by the Governor of Montana on October 19, 1992 as
an addition to the Montana SIP. It was initially reviewed for
administrative and technical completeness, and was deemed complete on
April 19, 1993. The submittal was then reviewed for approveability by
EPA Region VIII and EPA headquarters. One of the EPA headquarters
reviewers, the Office of the Small Business and Asbestos Ombudsman
(OSBO) did not concur on the Montana PROGRAM for the following reasons:
(1) Insufficient designation of Small Business Ombudsman position in
the Montana Department of Commerce (DOC) to make an effective decision;
(2) No designated role for the SBAP to act as secretariat to the CAP
and Ombudsman; (3) Manpower resources appear inadequate to support the
SBAP, and there are no quantitative or qualitative or other support for
the SBAP from the DOC or others; and (4) It is advantageous for the
Ombudsman and the SBAP to both have a toll-free hotline to serve the
public. The State addressed these issues in a letter dated January 3,
1994, and subsequently received the concurrence of the OSBO.
A. Small Business Assistance Program
The State has met the first PROGRAM element, the establishment of a
SBAP to provide technical and compliance assistance to small
businesses, by committing in its SIP revision Chapter 10.2.3 to
establish a SBAP in the Montana Department of Health and Environmental
Sciences, Air Quality Bureau. It will be administered by an
environmental specialist. Chapter 10.2.3 describes the details of the
SBAP, which meet the six requirements set forth in section 507(a),
including such activities as: (1) ``Provide information to small
business stationary sources on compliance methods and technologies;''
(2) ``Provide information to small business stationary sources on ...
pollution prevention and accidental release detection and prevention;''
(3) ``Assist small business stationary sources in determining
applicable requirements under this chapter and in receiving permits in
a timely and efficient manner;'' (4) ``Provide small business
stationary sources timely notice of both their rights and obligations
under this chapter;'' (5) ``Provide information ... regarding the
availability of audits services which are useful for determining
compliance status with the requirements of this chapter;'' and (6)
Consider `` ... requests from small business stationary sources for
modifications of work practices or technological methods of
compliance.''
B. Ombudsman
The State has met the second PROGRAM element, the establishment of
a State Small Business Ombudsman to represent the interests of small
businesses in the regulatory process, by locating the office of the
Ombudsman in the Montana DOC as stated in Chapter 10.2.2 of its SIP
revision.
C. Compliance Advisory Panel
The third PROGRAM element is the creation of a CAP to determine and
report on the overall effectiveness of the SBAP. The CAP 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. The Act also delineates four
responsibilities of the Panel:
(1) To render advisory opinions concerning the effectiveness of the
SBAP, difficulties encountered and the degree and severity of
enforcement actions;
(2) To periodically report to the 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\1\;
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\1\Section 507(e)(1)(B) requires the CAP to report on the
compliance of the SBAP with these three Federal 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.
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(3) To review and assure that information for small businesses is
easily understandable; and
(4) To develop and disseminate the reports and advisory opinions
made through the SBAP.
The State has met these requirements by committing in Chapter
10.2.4 of its SIP revision to appoint the members of the CAP as stated
above, and to designate to the CAP the four responsibilities listed in
the Act.
D. Eligibility
Section 507(c)(1) of the Act 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.
The State of Montana has established a mechanism 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 Act. This mechanism is contained in the
State's Title V enabling legislation, HB 318, Section 1, which is
Chapter 10.2.1 of the State's SIP revision.
The State of Montana has provided for public notice and comment on
grants of eligibility to sources that do not meet the provisions of
sections 507(c)(1)(C), (D), and (E) of the Act but do not emit more
than 100 tpy of all pollutants. This provision is contained in Chapter
10.2.1 of the State's SIP revision.
The State of Montana has provided 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 State determines to have sufficient
technical and financial capabilities to meet the requirements of the
Act. This provision in contained in Chapter 10.2.1 of the State's SIP
revision.
III. Final Action
In this action, the EPA is approving the SIP revision submitted by
the State of Montana. This SIP revision implements each of the PROGRAM
elements required by section 507 of the Act. Chapter 10.3 of the
revision contains a schedule for implementation of the PROGRAM by
November 15, 1994. The EPA is therefore approving this submittal.
This action has been classified as a Table 2 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 notice will inform the general public of
these tables. On January 6, 1989, the Office of Management and Budget
(OMB) waived Table 2 and 3 SIP revisions from the requirements of
section 3 of Executive Order 12291 for 2 years. The EPA has submitted a
request for a permanent waiver for Table 2 and Table 3 SIP revisions.
The OMB has agreed to continue the waiver until such time as it rules
on EPA's request. This request continues in effect under Executive
Order 12866 which superseded Executive Order 12291 on September 30,
1993.
Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., the 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, the 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, the 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. 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 Subject in 40 CFR Part 52
Environmental protection, Air pollution control, Small business
assistance program.
Dated: February 16, 1994.
Robert L. Duprey,
Acting 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 asfollows:
Authority: 42 U.S.C. 7401-7671q.
Subpart BB--Montana
2. Section 52.1389 is added to subpart BB to read as follows:
Sec. 52.1389 Small business stationary source technical and
environmental compliance assistance program.
The Governor of Montana submitted on October 19, 1992 a plan to
develop and implement a Small Business Stationary Source Technical and
Environmental Compliance Assistance Program to meet the requirements of
section 507 of the Clean Air Act by November 15, 1994. The plan commits
to provide technical and compliance assistance to small businesses,
hire an Ombudsman to serve as an independent advocate for small
businesses, and establish a Compliance Advisory Panel to advise the
program and report to the EPA on the program's effectiveness.
[FR Doc. 94-4991 Filed 3-3-94; 8:45 am]
BILLING CODE 6560-50-F
