[Federal Register Volume 60, Number 88 (Monday, May 8, 1995)]
[Rules and Regulations]
[Pages 22512-22515]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-10981]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[NC-60-1-6736a; FRL-5198-1]
Approval and Promulgation of Implementation Plans, North
Carolina: 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 North Carolina through the North
Carolina Department of Environment, Health and Natural Resources 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 July 10, 1992, 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 June 7, 1995 that someone wishes to submit adverse or critical
comments. If the [[Page 22513]] effective date is delayed, timely
notice will be published in the Federal Register.
ADDRESSES: Written comments should be addressed to: 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 North Carolina 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.
State of North Carolina Department of Environment, Health and Natural
Resources, Division of Environmental Management, P.O. Box 29535,
Raleigh, North Carolina 27626-0535.
FOR FURTHER INFORMATION CONTACT: 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 ext. 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 SIP. In addition, the CAA directs the EPA to oversee the small
business assistance programs (SBAP) 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 North Carolina
has addressed these requirements and established a PROGRAM as described
below.
1. Small Business Assistance Program (SBAP)
North Carolina 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 North Carolina Department of Environment, Health and
Natural Resources has charged the Air Quality Section with the
responsibility of implementing the SBAP. The SBAP consists of
headquarters and regional staff. In addition, contractors will be
utilized whenever technical expertise is not available or is deemed
more cost effective. The Office of Waste Reduction provides technical
assistance in the areas of pollution prevention, accidental release and
prevention and other multi-media waste reduction strategies. Other
state agencies are part of the SBAP network to provide other
specialized assistance.
The SBAP will assist small businesses in determining applicable
requirements and will provide information on permit issuance,
compliance methods, acceptable control technologies, pollution
prevention, accidental release prevention and detection, and audit
programs. The SBAP will inform small businesses about their rights
under the CAA; assist in the preparation of guidance documents and
ensure that technical and compliance information is available to the
small business community and the general public; answer regulatory
questions raised by small businesses and provide them with clean air
compliance information; obtain information and counsel from other
appropriate state agencies; participate and sponsor meetings and
conferences on air quality requirements, pollution prevention, and
other regulatory issues; and provide technical assistance for the Air
Quality Compliance Advisory Panel.
Using the technology transfer network of the EPA and resources of
the National Pollution Roundtable and regional pollution prevention
agencies, the SBAP operates a clearinghouse of relevant technical and
regulatory literature to disseminate to the small business community.
The SBAP develops and distributes pamphlets, brochures and booklets to
small businesses explaining permit requirements, control requirements
and sources of information. This information is developed cooperatively
with the Ombudsman's office and the Air Quality
[[Page 22514]] Compliance Advisory Panel. The SBAP sponsors workshops
and seminars to provide small businesses with information and
assistance on complying with the air quality regulations. Technical
hotline questions are handled by the SBAP and appropriate experts are
located to provide any additional necessary assistance to small
businesses. The SBAP also assists in providing information on financial
assistance to small businesses. Print, television and radio media, as
well as other venues, are being utilized to disseminate information. A
toll-free hotline has been functioning successfully for over a year.
The SBAP is working with the Office of Waste Reduction, North
Carolina State University and the community college system, and the
private sector to assist small businesses in obtaining audits of their
operations to determine compliance. The SBAP will develop and maintain
a list of consultants that do audits. In addition, a self-audit
checklist will be developed.
A small business may petition the Environmental Management
Commission to modify or adopt a rule, modify work practices, compliance
methods or implementation schedules in accordance with established
procedures as described in published rules.
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.
North Carolina has appointed a Small Business Ombudsman and established
the Office of the Ombudsman within the Department of Environment,
Health and Natural Resources. This is a non-regulatory office within
the Department which reports directly to the Director of the Division
of Environmental Management. The office is independent of the Air
Quality Section and other regulatory programs. The Ombudsman is the
primary liaison to small business and has the authority to recommend
legislative and regulatory changes, including recommendations regarding
fees, affecting small businesses to the Environmental Management
Commission and to the Secretary of the Department. The Ombudsman works
closely with the Governor's office, the North Carolina legislature, the
Secretary of the Department, the Director of the Division of
Environmental Management, Environmental Management Commission members,
and other private and public leaders necessary to communicate the
interests of small businesses.
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 will be selected by the state
legislature who are owners, or represent owners, of small businesses.
The majority and minority leadership in the state legislature shall
each appoint one member of the panel. One member will be selected by
the head of the agency in charge of the Air Pollution Permit Program.
North Carolina established a CAP with a membership consistent with the
aforementioned CAA requirements. The Governor will name the chairperson
from the aforementioned membership. The SBAP will serve as the
secretariat to the CAP in the development and dissemination of reports,
advisory opinions, and other information.
The duties of the CAP include: Rendering advisory opinions
regarding the effectiveness of the state PROGRAM, the difficulties
encountered by small businesses in meeting the mandates of the CAA, and
provide suggestions on ways to help small businesses comply with
regulatory requirements; reviewing information for small business
stationary air pollution sources to assure such information is
understandable to the general public; 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
Section 507(c)(1) states that any small business stationary source
that meets the following requirements is eligible for assistance under
the PROGRAM.
(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;
and
(3) Emits less than 100 tons per year (tpy) of any regulated pollutant
or less than 10 tpy of a Hazardous Air Pollutant or 25 tpy or less of a
combination of Hazardous Air Pollutants.
The State of North Carolina has adopted these eligibility
requirements and will provide assistance to small business stationary
sources who emit less than 100 tons per year of any regulated
pollutant. Also, the program is available to any business with
insufficient financial and technical resources to meet the CAA
requirements. Priority will be given to smaller businesses directly
impacted by the CAA.
North Carolina 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 North Carolina through the Department of Environment,
Health and Natural Resources. 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 [[Page 22515]] 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 Act, 42 U.S.C. 7607 (b)(2).)
The Office of Management and Budget 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, EPA 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 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. Small entities include small businesses, small
not-for-profit enterprises, and government entities with jurisdiction
over populations of less than 50,000.
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).
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 II--North Carolina
2. Section 52.1770 is amended by adding paragraph (c)(79) to read
as follows:
Sec. 52.1770 Identification of plan.
* * * * *
(c) * * *
(79) The North Carolina Department of Environment, Health and
Natural Resources has submitted revisions to the North Carolina SIP on
July 19, 1993. 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) North Carolina's Small Business Stationary Source Technical and
Environmental Compliance Assistance Program which was adopted on May
12, 1994.
(ii) Other material. None.
[FR Doc. 95-10981 Filed 5-5-95; 8:45 am]
BILLING CODE 6560-50-P
