[Federal Register Volume 60, Number 88 (Monday, May 8, 1995)]
[Rules and Regulations]
[Pages 22515-22518]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-10978]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[TN-107-1-6200a; FRL-5198-3]
Approval and Promulgation of Implementation Plans, Tennessee:
Title V, Section 507, Small Business Stationary Source Technical and
Environmental Compliance Assistance Program
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is approving revisions to the State Implementation Plan
(SIP) submitted by the State of Tennessee through the Tennessee
Department of Environment and Conservation for the purpose of
establishing a Small Business Stationary Source Technical and
Environmental Compliance Assistance Program (PROGRAM), which will be
fully implemented by November 15, 1994. This implementation plan was
submitted by the State on February 23, 1993, to satisfy the federal
mandate to ensure that small businesses have access to the technical
assistance and regulatory information necessary to comply with the
Clean Air Act as amended in 1990 (CAA).
DATES: This action will be effective July 7, 1995, unless notice is
received by June 7, 1995 that someone wishes to submit adverse or
critical comments. If the effective date is delayed, timely notice will
be published in the Federal Register.
ADDRESSES: Written comments should be addressed to: Ms. Kimberly
Bingham, Regulatory Planning and Development Section, Air Programs
Branch, Air, Pesticides & Toxics Management Division, Region 4
Environmental Protection Agency, 345 Courtland Street, NE., Atlanta,
Georgia 30365.
Copies of the material submitted by the State of Tennessee may be
examined during normal business hours at the following locations:
Air and Radiation Docket and Information Center (Air Docket 6102), U.S.
Environmental Protection Agency, 401 M Street, SW., Washington, DC
20460.
Environmental Protection Agency, Region 4 Air Programs Branch, 345
Courtland Street, NE., Atlanta, Georgia 30365.
Division of Air Pollution Control, Tennessee Department of Environment
and Conservation, L & C Annex, 9th Floor, 401 Church Street, Nashville,
Tennessee 37243-1531.
FOR FURTHER INFORMATION CONTACT: Ms. Kimberly Bingham, Regulatory
Planning and Development Section, Air Programs Branch, Air, Pesticides
& Toxics Management Division, Region 4 Environmental Protection Agency,
345 Courtland Street, NE., Atlanta, Georgia 30365. The telephone number
is 404/347-3555 extension 4195.
SUPPLEMENTARY INFORMATION: Implementation of the CAA will require small
businesses to comply with specific regulations in order for areas to
attain and maintain the national ambient air quality standards (NAAQS)
and reduce the emission of air toxics. In anticipation of the impact of
these requirements on small businesses, the CAA requires that states
adopt a PROGRAM, and submit this PROGRAM as a revision to the federally
approved [[Page 22516]] SIP. In addition, the CAA directs the EPA to
oversee the 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 and the EPA guidance
document Guidelines for the Implementation of Section 507 of the 1990
Clean Air Act Amendments. 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 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. The plan must also determine
the eligibility of small business stationary sources for assistance in
the PROGRAM. The plan includes the duties, funding and schedule of
implementation for the three PROGRAM components.
Section 507(a) and (e) of the CAA set forth requirements the State
must meet to have an approvable PROGRAM. The State of Tennessee has
addressed these requirements and established a PROGRAM as described
below.
1. Small Business Assistance Program (SBAP)
Tennessee has established a mechanism to implement the following
six requirements set forth in section 507 of title V of the CAA:
A. The establishment of 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 comply with the CAA;
B. The establishment of 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;
C. The development of a compliance and technical assistance program
for small business stationary sources which assist small businesses in
determining applicable permit requirements under the CAA in a timely
and efficient manner;
D. The development of adequate mechanisms to assure that small
business stationary sources receive notice of their rights under the
CAA 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
CAA;
E. The development of adequate mechanisms for informing small
business stationary sources of their obligations under the CAA,
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 CAA; and
F. The development of 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 of Tennessee Department of Environment and Conservation
has established the Division of Clean Air Assistance within the Bureau
of Resources Management with the responsibility of establishing a
clearinghouse of relevant technical and regulatory literature to
disseminate to the small business community. A mailing list of both
trade groups and interested parties will be maintained as a basis for
information distribution. Seminars, workshops, public service
announcements, an on-line electronic bulletin board, and other
appropriate educational mechanisms will be utilized by the Division.
The Division will provide assistance regarding compliance methods,
control technologies, pollution prevention and accidental release
information and detection. The Division will disseminate information on
compliance which is easily understandable to a nontechnical audience as
well as handle inquiries on specific methods for achieving compliance
with state and federal regulations. The Division staff will develop
information packages addressing all topics germane to the SBAP,
including: compliance, pollution prevention, legal rights under the
CAA, permitting assistance, notification of rights, audits and source
modification. A toll free number has been installed and has been
functioning for several months. Through a variety of outreach
techniques, the SBAP staff will inform small business stationary
sources of their obligations under the CAA. The SBAP staff has compiled
and maintains a current source list of persons and organizations
capable of providing technical expertise and support to answer specific
inquiries and compliance assistance in determining applicable
requirements of state and federal rules and regulations, determining
the necessity of a permit and identifying alternatives for achieving
compliance with state and local regulations.
The staff or representatives of the Division will either conduct
audits of small business stationary air pollution sources or contract
such audits to qualified auditors to facilitate the assessment of
options and requirements to ensure compliance with regulations and the
CAA. The Division will also develop procedures for consideration of
requests from a source with regards to modification of work practices,
compliance methods or implementation schedules.
The Department is committed to cross media coordination and through
the Bureau of Resources Management, has procedures in place to provide
assistance to small businesses on issues related to solid waste,
hazardous waste, groundwater, water pollution, etc., as well as air
pollution. This activity extends to the Department's contract with the
University of Tennessee where technical assistance on waste reduction
and pollution prevention is available to private industry across media
lines.
2. Ombudsman
Section 507(a)(3) of the CAA requires the designation of a state
office to serve as the Ombudsman for small business stationary sources.
Tennessee has appointed a Small Business Ombudsman and established the
office of Tennessee Small Business Ombudsman to represent the interests
of small businesses as they come under the regulation of the CAA. The
Ombudsman's position was established in the Department of Environment
and Conservation to report directly to the Assistant Commissioner.
Organizationally, the position is independent of the Division of Air
Pollution Control and all other regulatory programs.
3. Compliance Advisory Panel
Section 507(e) of the CAA 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
[[Page 22517]] member selected by the head of the agency in charge of
the Air Pollution Permit Program. Tennessee established a seven member
CAP with a membership consistent with the aforementioned CAA
requirements. The makeup of the CAP is prescribed as required by the
CAA and administrative support will be provided by the Department to
fulfill all the responsibilities under the CAA.
The duties of the CAP include: providing overall direction and
oversight to the Tennessee Division of Clean Air Assistance and the
Ombudsman in their specific responsibilities and duties; rendering
advisory opinions regarding the effectiveness of the Tennessee Division
of Clean Air Assistance, the difficulties encountered, and the degree
and severity of enforcement; reviewing information for small business
stationary air pollution sources to assure such information is
understandable by the layperson; and to make periodic reports to the
Administrator of the Environmental Protection Agency in accordance with
the requirements of the Paperwork Reduction Act, the Regulatory
Flexibility Act, and the Equal Access to Justice Act.
4. Source Eligibility
Tennessee has incorporated section 507(c)(1) and defined a Small
Business Stationary Source as a source that:
(1) Is owned or operated by a person who employs 100 or fewer
individuals;
(2) Is a small business concern as defined in the Small Business
Act;
(3) Is not a major stationary source as defined in Titles I and III
of the CAA;
(4) Does not emit 50 tons per year (tpy) or more of any regulated
pollutant; and
(5) Emits less than 75 tpy of all regulated pollutants.
Tennessee has established the following mechanisms as required by
section 507:
(1) A process 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
CAA; (2) A process 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 CAA, but do not emit more than 100
tpy of all regulated pollutants; and (3) A process 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 Department determines to
have sufficient technical and financial capabilities to meet the
requirements of the CAA.
Final Action
In this action, EPA is approving the PROGRAM SIP revision submitted
by the State of Tennessee through the Tennessee Department of
Environment and Conservation. The EPA is publishing this action without
prior proposal because the Agency views this as a noncontroversial
amendment and anticipates no adverse comments. However, in a separate
document in this Federal Register publication, the EPA is proposing to
approve the SIP revision should adverse or critical comments be filed.
This action will be effective July 7, 1995 unless, by June 7, 1995,
adverse or critical comments are received. If the EPA receives such
comments, this action will be withdrawn before the effective date by
publishing a subsequent document that will withdraw the final action.
All public comments received will then be addressed in a subsequent
final rule based on this action serving as a proposed rule. The EPA
will not institute a second comment period on this action. Any parties
interested in commenting on this action should do so at this time. If
no such comments are received, the public is advised that this action
will be effective July 7, 1995.
Under section 307(b)(1) of the CAA, 42 U.S.C. 7607(b)(1), petitions
for judicial review of this action must be filed in the United States
Court of Appeals for the appropriate circuit by July 7, 1995. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule for 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, 42
U.S.C. 7607 (b)(2)).
The OMB has exempted these actions from review under Executive
Order 12866.
Nothing in this action shall be construed as permitting or allowing
or establishing a precedent for any future request for a 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.
By today's action, the USEPA is approving a State program created
for the purpose of assisting small business stationary sources in
complying with existing statutory and regulatory requirements. The
program being approved today does not impose any new regulatory burden
on small business stationary sources; it is a program under which small
business stationary sources may elect to take advantage of assistance
provided by the State. Therefore, because the USEPA'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.
SIP approvals under 110 and subchapter I, part D of the CAA do not
create any new requirements, but simply approve requirements that the
State is already imposing. Therefore, because the federal SIP-approval
does not impose any new requirements, I certify that it does not have a
significant impact on any small entities affected. Moreover, due to the
nature of the federal-state relationship under the CAA, preparation of
a regulatory flexibility analysis would constitute federal inquiry into
the economic reasonableness of state action. The CAA forbids EPA to
base its actions concerning SIPs on such grounds. Union Electric Co. v.
Environmental Protection Agency, 427 U.S. 246, 256-66 (S.Ct. 1976); 42
U.S.C. 7410(a)(2) and 7410(k)(3).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Small business stationary
source technical and environmental assistance program.
Dated: April 17, 1995.
Patrick M. Tobin,
Acting Regional Administrator.
Part 52 of chapter I, title 40, 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 RR--Tennessee
2. Section 52.2220 is amended by adding paragraph (c)(117) to read
as follows:
Sec. 52.2220 Identification of plan.
* * * * * [[Page 22518]]
(c) * * *
(117) The Tennessee Department of Environment and Conservation has
submitted revisions to the Tennessee State Implementation Plan. These
revisions address the requirements of section 507 of Title V of the CAA
and establish the Small Business Stationary Source Technical and
Environmental Assistance Program (PROGRAM).
(i) Incorporation by reference.
(A) Revision to the Tennessee State Implementation Plan to
Incorporate Small Business Assistance Program as Required by the Clean
Air Act Amendments of 1990, approved by the Tennessee Air Pollution
Control Board on February 10, 1993.
(ii) Additional information--None.
[FR Doc. 95-10978 Filed 5-5-95; 8:45 am]
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