[Federal Register Volume 59, Number 96 (Thursday, May 19, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-12158]
[[Page Unknown]]
[Federal Register: May 19, 1994]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[CT-10-1-5893; A-1-FRL-4885-8]
Approval and Promulgation of Title V, Section 507, Small Business
Stationary Source Technical and Environmental Compliance Assistance
Program for Connecticut
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 State of Connecticut for the purpose of establishing a
small business stationary source technical and environmental compliance
assistance program. The SIP revision was submitted by the State to
satisfy the Federal mandate to ensure that small businesses have access
to technical assistance and regulatory information necessary to comply
with the Clean Air Act (CAA). The rationale for the approval is set
forth in this action.
DATES: This final rule will become effective July 18, 1994, unless
notice is received within 30 days 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 Linda M. Murphy, Director, Air,
Pesticides and Toxics Management Division, U.S. Environmental
Protection Agency, Region I, JFK Federal Building, Boston, MA 02203.
Copies of the documents relevant to this action are available for
public inspection during normal business hours, by appointment at the
Air, Pesticides and Toxics Management Division, U.S. Environmental
Protection Agency, Region I, One Congress Street, 10th floor, Boston,
MA; Air and Radiation Docket and Information Center, U.S. Environmental
Protection Agency, 401 M Street, SW., (6102), Washington, DC 20460; and
the Bureau of Air Management, Department of Environmental Protection,
State Office Building, 79 Elm Street, Hartford, CT 06106-1630.
FOR FURTHER INFORMATION CONTACT: Emanuel Souza, Jr., (617) 565-3248.
SUPPLEMENTARY INFORMATION:
I. Background
Implementation of the provisions of the 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.
The State of Connecticut has 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.
II. Analysis
Connecticut has met all of the requirements of section 507 by
submitting a SIP revision that implements all required PROGRAM
elements.
1. Small Business Assistance Program
Section 507(a) sets forth six requirements1 that the State
must meet to have an approvable SBAP. 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 Act.
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\1\A seventh requirement of section 507(a), establishment of an
Ombudsman office, is discussed in the next section.
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The SBAP will act as an information clearing house by referring
small businesses to technical experts, specifically trained to handle
specific questions relevant to achieving compliance with the CAA. The
State has further met this requirement through proactive and reactive
components. The proactive component involves adequate communication
with and information outreach to small businesses on technical and
compliance issues. The reactive component involves the establishment of
a clearinghouse for handling incoming inquiries from small businesses
regarding methods for achieving compliance with air pollution control
requirements under 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.
The State has met this requirement by including mechanisms to
provide assistance which allows the SBAP to coordinate information
relating to pollution prevention and accidental release detection with
Federal, state and local agencies and by allowing the SBAP
clearinghouse to disseminate information on pollution prevention and
accidental release prevention and detection. Furthermore, a contact
directory will be developed and made available which will include a
list of technical experts in the areas of pollution prevention,
accidental release prevention and detection and familiarity with
pollution prevention technologies and alternatives to reduce pollution.
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 Act in a timely and efficient manner.
The State's SBAP will utilize several mechanisms to provide
compliance and technical assistance to small businesses. These include
developing industry-specific information packets, providing training to
educate small business owners on conducting self-inspections and
understanding the compliance requirements, and communicating changes in
regulations and policy to small businesses through workshops, flyers
and presentations. The SBAP will develop a data base that includes
small business stationary sources and associations to attempt to notify
affected sources of potential changes or rules that affect them.
Additionally, the SBAP will work with trade associations, local
agencies, educational facilities, and community leaders to establish
environmental partnerships to bring about voluntary compliance with
regulations under the CAA through participation and educational
activities.
The fourth requirement is to develop adequate mechanisms to assure
that small business stationary sources receive notice of their rights
under the Act 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 Act.
The State has met this requirement by listing three possible
methods. As stated above the SBAP will develop a data base that
includes small business stationary sources and associations and will
coordinate with appropriate agency staff to attempt to notify affected
sources of potential changes or rules that affect them. Additionally,
formal public notification procedures will be developed and implemented
agency-wide that will attempt to insure timely notice of small
businesses of their rights and obligations under the CAA. Finally, as
stated earlier, the SBAP will work with trade associations, local
agencies, educational facilities, and community leaders to establish
environment partnerships to bring about voluntary compliance with
regulations under the CAA through participation and educational
activities.
The fifth requirement 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 State, for providing audits of the
operations of such sources to determine compliance with the Act.
The State has met this requirement by identifying various
mechanisms in the SIP revision. Some of these mechanisms include visits
to small businesses, public service announcements, seminars conducted
by the CT DEP and the establishment of a clearinghouse to handle
inquiries from small businesses. These methods may be utilized to
inform small businesses of their obligations under the CAA.
Furthermore, the State is designing a program for referring sources to
qualified auditors to determine if they are meeting the requirements of
the CAA.
The sixth requirement is to develop procedures for consideration of
requests from small business stationary sources 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 SIP revision states that the DEP will establish approved
procedures to provide for the review of requests from small businesses
for modification of work practice or technical methods of compliance
based on financial and technological capability. A system will be
provided for collecting and coordinating information on compliance
methods and technologies. Data bases and experts in different areas
will provide definitive guidance information. No such modification may
be granted unless it is in compliance with the applicable requirements
of the CAA. Additionally, the CT DEP will establish approval procedures
for modification requests based on financial and technological
capability.
2. Ombudsman
Section 507(a)(3) requires the designation of a State office to
serve as the Ombudsman for small business stationary sources. The State
has met this requirement by placing the office in the Office of the
Commissioner of Environmental Protection, fully independent of the
Bureau of Air Management. This office will be funded and adequately
staffed to carry out its duties. A specific list of Ombudsman duties
are listed in the SIP revision. Some of the duties the Ombudsman office
will perform includes conducting evaluations of all the programs
elements, facilitating and promoting the participation of small
businesses in the development of new regulations that impact small
businesses, aiding in the dissemination of information to small
businesses, participating in and sponsoring meetings and conferences
for small businesses, arranging for and assisting in the preparation of
guideline documents by the SBAP and interfacing with regional and state
offices of the Small Business Administration, the Department of
Commerce, and/or state and Federal agencies. The Ombudsman will also be
a member of the Compliance Advisory Panel. The Ombudsman will serve as
the Secretariat for the development and dissemination of panel reports
and advisory opinions.
3. Compliance Advisory Panel
Section 507(e) requires the State to establish a Compliance
Advisory Panel 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. The
State has met this requirement by including the ombudsman as a panel
member and therefore, establishing an eight member CAP. The CAA
requires a minimum of 7 individuals on the Panel. Selection of the
panel members is consistent with the CAA requirements and the addition
of the ombudsman does not change the overall makeup of the panel.
In addition to establishing the membership of the CAP, the State
PROGRAM delineates four responsibilities of the Panel: (1) To render
advisory opinions concerning the effectiveness of the SBAP and the
difficulties encountered; (2) 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
Act2; (3) to review and assure that information for small business
stationary sources is easily understandable to the layperson; and (4)
the Ombudsman may serve as the Secretariat for the development and
dissemination of panel reports and advisory opinions.
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\2\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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4. 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.
The SIP revision's eligibility requirements for the PROGRAM is
consistent with the CAA.
The State has also provided for the exclusion from the small
business stationary source definition, after consultation with EPA and
the SBA and upon notice and opportunity for public hearing, those
categories of small businesses that the State has determined to have
sufficient technical and financial capabilities to comply with the
requirements of the CAA. While the State was not clear in the January
12, 1993 SIP revision that the SBA would be consulted, the State
submitted a letter to Region I on April 6, 1994 clarifying that EPA and
the SBA would be consulted if the State excluded source categories from
the small business stationary source definition.
III. Final Rulemaking Action
The State of Connecticut has submitted a SIP revision implementing
each of the required PROGRAM elements required by section 507 of the
CAA. The State expects all the elements of the PROGRAM to be fully
operational by November 15, 1994. EPA is therefore approving the SIP
revision submitted by the State of Connecticut.
Final Action
EPA is approving the SIP revision implementing each of the required
PROGRAM elements required by section 507 of the CAA. The State expects
to appoint all the members of the CAP by July 1994 and have a fully
operational small business assistance program by November 15, 1994.
Because EPA considers this final rule noncontroversial and routine,
we are approving it today without prior proposal. This action will
become effective on July 18, 1994 unless by June 20, 1994, notice is
received that adverse comments will be submitted.
If such notice is received, this action will be withdrawn before
the effective date by publishing a subsequent document. That document
will simultaneously withdraw the final action and 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 July 18, 1994.
Nothing in this action should be construed as permitting or
allowing or establishing a precedent for any future request for
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.
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 rule, 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 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 has been classified as a Table 2 action by the Acting
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 (OMB) waived Table 2 and 3 SIP revision (54 FR
222) from the requirements of section 3 of Executive Order 12991 for a
period of 2 years. The EPA has submitted a request for a permanent
waiver for Table 2 and 3 SIP revisions. The OMB has agreed to continue
the 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 must be filed in the United States Court of Appeals for
the appropriate circuit by July 18, 1994. Filing a petition for
reconsideration by the Administrator for 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) of the CAA.)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Small business assistance
program.
Note: Incorporation by reference of the State Implementation
Plan for the State of Connecticut was approved by the Director of
the Federal Register on July 1, 1982.
Dated: May 4, 1994.
John P. DeVillars,
Regional Administrator, Region I.
Part 52 of 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 H--Connecticut
2. Section 52.370 is amended by adding paragraph (c)(65) to read as
follows:
Sec. 52.370 Identification of plan.
* * * * *
(c) * * *
(65) Revisions to the State Implementation Plan establishing a
Small Business Stationary Source Technical and Environmental Compliance
Assistance Program were submitted by the Connecticut Department of
Environmental Protection on January 12 and August 9, 1993.
(i) Incorporation by reference.
(A) Letter from the Connecticut Department of Environmental
Protection dated January 12, 1993 submitting a revision to the
Connecticut State Implementation Plan.
(B) Revisions to the State Implementation Plan for the Small
Business Stationary Source Technical and Environmental Compliance
Assistance Program dated January 1993 and effective on January 12,
1993.
(C) Letter from the Connecticut Department of Environmental
Protection dated August 9, 1993 clarifying and updating the January 12,
1993 submittal.
(ii) Additional materials.
(A) Letter from the Connecticut Department of Environmental
Protection dated April 6, 1994 clarifying the January 12, 1993
submittal.
(B) Other non-regulatory portions of the State's submittal.
[FR Doc. 94-12158 Filed 5-18-94; 8:45 am]
BILLING CODE 6560-50-F
