[Federal Register Volume 59, Number 103 (Tuesday, May 31, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-13188]
[[Page Unknown]]
[Federal Register: May 31, 1994]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[OAQPS # CA-65-1-6176; FRL-4889-6]
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: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The EPA today proposes 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
implementation plan was submitted by the State to satisfy the Federal
mandate 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 approval is set forth in
this notice; additional information is available at the address
indicated below.
DATES: Comments on this proposed action must be received in writing by
June 30, 1994. 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) State of California, Air
Resources Board, 2020 L Street, Sacramento, CA 95814.
For further information contact: R. Michael Stenburg, A-l, 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.
The State of California 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 requirements\1\ 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 State has met this requirement by providing training
courses and compliance assistance manuals and by working with the
California Trade and Commerce Agency to disseminate technical
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 providing training on pollution
prevention and environmental hazard management. The Air Resources Board
(ARB) training programs and the state university and community college
systems provide training on pollution prevention. In addition the
California Trade and Commerce Agency's Business Environmental
Assistance Center's database provides technical information on
pollution prevention. The University of California Extension Centers
offer an environmental hazard management program. The Office of
Emergency Services has an accidental release detection and prevention
program that receives technical support from the ARB.
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 through its compliance assistance and
training programs which provide appropriate training courses and
compliance assistance manuals. The California Trade and Commerce
Agency's Business Environmental Assistance Center provides information
on regulatory requirements. The ARB's technical staff and local air
permitting agencies also provide assistance in determining permitting
requirements.
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 proposing a pamphlet
explaining the rights of small businesses affected by the Act and by
having the ARB legal office respond to specific questions.
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 operating a Registered Environmental
Assessors Program and by proposing a pamphlet explaining the
obligations of small businesses affected by the Act.
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 virtue of the
fact that local air permitting agencies have a variance procedure for
considering alternative compliance methods and schedules. The hearing
notices of the ARB and local air permitting agencies are required by
law to solicit information on alternative compliance methods for small
businesses facing severe economic impacts from regulation.
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 proposing to create a high level position
in the California Air Resources Board to serve as the Ombudsman.
Although the Ombudsman's office will be located within the Air
Resources Board (ARB), the position will not be responsible for nor
accountable to the ARB staff that are implementing the program. The
Ombudsman's office will disseminate information, make referrals,
respond to complaints, and have a toll-free hotline. In February 1994,
the state advised us that candidates for the position of Ombudsman were
being reviewed.
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 met this requirement by specifing that
they will establish a Compliance Advisory Panel.
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
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
met these requirements by proposing that the purpose of the panel is to
assist program development and monitor and render advisory opinions on
the overall effectiveness of the program. The state has clarified in
writing to utilizing the Small Business Stationary Source Technical and
Compliance Program to serve as the secretariat for the CAP on the
development and dissemination of its reports and advisory opinions.
Additional authorities will be to issue reports to EPA on the program's
compliance with federal requirements and to review publications to
ensure that they are understandable to small business operators.
---------------------------------------------------------------------------
\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 has not established a definition of a small business and
therefore has not established procedures for including or excluding
sources from that definition. As a general rule, in mailing pamphlets
and in providing information on hotlines, the State does not plan to
screen businesses seeking information. The goal of the State is to
develop and implement a program that will assist all businesses needing
environmental assistance to operate in compliance in California. In
addition to fulfilling the requirements of the Federal program, the
State is committed to going beyond the federal program definition in
offering assistance to any small business.
III. Today's Action
In today's action, EPA is proposing to approve the SIP revision
submitted by the State of California.
The State of California has submitted a SIP revision implementing
each of the required PROGRAM elements required by section 507 of the
CAA by November 15, 1994. The State SIP revision commits to: (1) Create
a high level position in the Air Resources Board to serve as State
Small Business Ombudsman, (2) notify the appointing authorities of the
need to appoint members to the Compliance Advisory Panel, (3) initiate
the Small Business Assistance Program through expansion of existing
programs as well as the creation of new programs. EPA is therefore
proposing to approve 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). A revision to the SIP processing
review tables was approved by the Acting Assistant Administrator for
Office of Air and Radiation on October 4, 1993 (Michael Shapiro's
memorandum to Regional Administrators). A future notice will inform the
general public of these tables. Under the revised tables this action
remains classified as a Table 2. On January 6, 1989 the Office of
Management and Budget (OMB) waived Table 2 and 3 SIP revisions (54 FR
2222) from the requirements of section 3 of Executive Order 12291 for
two years. The US EPA has submitted a request for a permanent waiver
for Table 2 and Table 3 SIP revisions. The OMB has agreed to continue
the temporary waiver until such time as it rules on EPA's request. This
request continued 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., 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 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, Intergovernmental
relations.
Authority: 42 U.S.C. 7401-7671q.
Dated: May 13, 1994.
John Wise,
Acting Regional Administrator.
[FR Doc. 94-13188 Filed 5-27-94; 8:45 am]
BILLING CODE 6560-50-P
