[Federal Register Volume 60, Number 85 (Wednesday, May 3, 1995)]
[Proposed Rules]
[Pages 21781-21783]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-10880]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[NV9-1-6574; FRL-5201-8]
Clean Air Act Partial Approval and Partial Disapproval 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: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The EPA today proposes 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 implementation plan was submitted by the State
to satisfy the Federal mandate, found in Section 507 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 the partial approval and partial disapproval is set
forth in this document; additional information is available at the
address indicated below.
DATES: Comments on this proposed action must be received in writing by
June 2, 1995. Public comments on this document are requested and will
be considered before taking final action on this SIP revision.
ADDRESSES: Comments can be mailed to the U.S. Environmental Protection
Agency, Division Director, Air and Toxics Division, 75 Hawthorne
Street, San Francisco, CA 94105, Attention: R. Michael Stenburg.
Copies of the State's submittal and EPA's technical support
document are available for inspection during normal business hours at
the following locations: (1) U.S. Environmental Protection Agency, 75
Hawthorne Street, San Francisco, CA 94105; (2) 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) 744-1102.
SUPPLEMENTARY INFORMATION:
I. Background
Implementation of the provisions of Title V 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.
The State of Nevada 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
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. The [[Page 21782]] State has met this requirement by
describing a satisfactory program that, when operational, would utilize
a variety of outreach techniques to disseminate information to small
business stationary sources. These efforts include distributing fact
sheets, working with industry trade groups, conducting seminars,
developing newsletters for industry-specific mailing lists,
disseminating news media articles and developing videotapes. In
addition, the State will provide statewide toll-free access to the
Small Business Assistance Program, develop a library of reference
materials, organize an information clearinghouse and utilize electronic
bulletin boards to receive and communicate regulatory information.
\1\A seventh requirement of Section 507(a), establishment of an
Ombudsman office, is discussed in the next section.
---------------------------------------------------------------------------
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 describing a satisfactory program
that, when operational, would provide sources with technical
information and assistance on air pollution prevention, including
technical assistance on process changes and methods of operation that
help reduce air pollution. Resources utilized will include the
Pollution Prevention Information Clearinghouse which provides
information on pollution prevention programs, an electronic database
and a toll-free hotline. In addition, the State will help sources
develop plans for accidental release prevention and detection. This
effort will be coordinated with the appropriate local, state and
federal programs. Resources utilized will include a Chemical Safety
Audit Program to provide mechanisms for examining process management
systems and preventing accidental releases of hazardous air pollutants.
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 has met this requirement by describing a satisfactory program
that, when operational, would provide clear and timely compliance
advice and assistance to small businesses, including permit assistance,
and technical assistance on compliance options such as alternative
technologies and material substitution. The state will provide this
assistance using informational materials available on request,
statewide toll free access to SBAP, staff presentations at workshops
for key target groups and coordination through the appropriate trade
associations and industry groups.
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 describing a
satisfactory program that, when operational, will notify sources of
their rights and responsibilities under the Clean Air Act and Nevada
Statutes and Regulations through preparation and distribution of
information materials, as well as in providing direct technical
assistance.
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 describing a satisfactory program
that, when operational, would inform small business sources of their
obligations under the Act through preparation and distribution of
information materials, as well as providing direct technical
assistance. Compliance assessments will be provided by the State free
of charge to sources and will not involve regulatory or enforcement
actions unless a clear and immediate danger is identified. The State
will also provide sources with a list of qualified auditors.
The sixth requirement 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 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 State has met this requirement by specifying
administrative procedures for small businesses to request modifications
of work practices, compliance methods and the implementation for work
practices or compliance methods,
The State has provided supplementary written information describing
an implementation schedule of milestones showing when the programs will
be operational, what the program resources will be and where the
programs will be located organizationally.
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 providing supplementary written information
describing a milestone schedule showing when the Ombudsman will be
operational. This position will be located within the Nevada State
Environmental Commission office. The Ombudsman will serve as an
advocate for small business stationary sources in the investigation and
resolution of complaints and disputes against the State or local air
pollution control agencies. The Ombudsman will also aid in the
dissemination of information to small businesses and other interested
parties and will encourage small businesses to participate in the
development of regulations that affect them.
3. Compliance Advisory Panel
Section 507(e) 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. The State has not met this requirement because it has
not indicated an implementation schedule of milestones showing when the
officials will be appointed and when the program will be operational.
The composition of the seven member panel will be in accordance with
the Clean Air Act requirements.
In addition to establishing the minimum membership of the CAP the
CAA 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 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;\2\ (3) to
[[Page 21783]] review and assure that information for small business
stationary sources is easily understandable; and (4) to develop and
disseminate the reports and advisory opinions made through the SBAP.
The State has partially met these requirements by specifying that, when
operational, the panel will evaluate the effectiveness of the SBAP,
issue advisory opinions, prepare periodic reports to EPA regarding the
program's compliance with the Paperwork Reduction Act, the Regulatory
Flexibility Act and the Equal Access to Justice Act. The State has not
indicated that the CAP will review and assure that information for
small business stationary sources is easily understandable.
\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.
---------------------------------------------------------------------------
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 State of Nevada has not established a definition of a small
business and therefore has not established procedures for including or
excluding sources from that definition. Although the program has been
developed to assist small businesses, the State has determined that
assistance will be provided to any business seeking assistance.
III. Today's Action
In today's action, EPA is proposing to partially approve and to
partially disapprove the SIP revision submitted by the State of Nevada.
The submittal does not adequately meet all of the requirements for the
Compliance Advisory Panel. EPA is proposing to partially approve this
submittal for satisfying all of the requirements for the Small Business
Assistance Program, the Ombudsman and most of the requirements for the
Compliance Advisory Panel. EPA is also proposing to partially
disapprove this 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. If the State
submits the necessary information to correct these deficiencies before
EPA goes final, then EPA will fully approve the submittal.
The OMB has exempted this action from review under Executive Order
l2866.
Under the Regulatory Flexibility Act, 5 U.S.C. Sec. 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 today's action, EPA is partially approving a State program
created for the purpose of assisting small businesses in complying with
existing statutory and regulatory requirements. The program being
partially 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 partial 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, Intergovernmental
relations.
Authority: 42 U.S.C. 7401-7671q.
Dated: April 24, 1995.
John Wise,
Acting Regional Administrator.
[FR Doc. 95-10880 Filed 5-2-95; 8:45 am]
BILLING CODE 6560-50-P
