[Federal Register Volume 60, Number 117 (Monday, June 19, 1995)]
[Rules and Regulations]
[Pages 31912-31915]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-14446]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[KY-67-1-6130a; FRL-5192-3]
Approval and Promulgation of Implementation Plans; Kentucky:
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 Commonwealth of Kentucky through the Kentucky
Natural Resources and Environmental Protection Cabinet for the purpose
of establishing a Small Business Stationary Source Technical and
Environmental Compliance Assistance Program (PROGRAM), which was
implemented by November 15, 1994. This implementation plan was
submitted by the Commonwealth on November 13, 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 August 18, 1995 unless notice is
received July 19, 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 Commonwealth of Kentucky
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 IV Air Programs Branch, 345
Courtland Street NE., Atlanta, Georgia 30365
Kentucky Department for Environmental Protection, Division for Air
Quality, 803 Schenkel Lane, Frankfort, Kentucky 40601.
[[Page 31913]] 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 SIP. In addition, the CAA directs the EPA to oversee the small
business assistance program 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 Commonwealth of Kentucky
has addressed these requirements and established a PROGRAM as described
below.
1. Small Business Assistance Program (SBAP)
Kentucky 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 Commonwealth of Kentucky Natural Resources and Environmental
Protection Cabinet has charged the Kentucky Division for Air Quality
with the responsibility of implementing the Small Business Assistance
Program (SBAP). The division will contract several of the assistance
activities with the University of Kentucky. The Division has identified
specific employees to serve as contact points between the University,
other Division programs, the office of the ombudsman, and the
Compliance Advisory Panel. The Division assures that the SBAP will have
computerized access to EPA sponsored electronic bulletin boards and
hotlines such as EPA's Control Technology Center, Office of Pollution
Prevention, and Technology Transfer Network.
The Division will provide information concerning compliance methods
and technologies for small business stationary sources to operators and
owners of small businesses. This will be accomplished through
cooperation and interaction with the Kentucky Economic Development
Cabinet, the Chamber of Commerce, various trade associations, and other
appropriate groups. An information clearinghouse will be established to
provide information concerning pollution prevention and/or accidental
release detection and prevention programs which include information
regarding alternative technologies, process changes, products, and
methods of operation that reduce air pollution. Small businesses will
be able to access information regarding their rights under the CAA,
permitting procedures, applicable fees, when and where to apply for
permits, enforcement processes, etc.
The Division is responsible for maintaining a Toll-Free hotline
accessible to small businesses during normal business hours and will
develop easily understood brochures describing rights and obligations
under the CAA and new regulatory requirements and developments which
might affect a small source. In addition, the SBAP will distribute
information to small businesses through industry groups, trade
associations, local chambers of commerce, and other organizations
involved with small businesses. An on-site audit program will be
developed in cooperation with the University of Kentucky to be utilized
at the request of sources to evaluate work practices, compliance
monitoring procedures and record keeping procedures. 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.
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.
Kentucky has appointed a Small Business Ombudsman and established the
Office of the Ombudsman in the Secretary's Office of the Natural
Resources and Environmental Protection Cabinet. The Ombudsman will
serve as an advocate to represent the interests of small businesses as
they come under the regulation of the CAA. The Ombudsman's position was
established in the Secretary's office in order to [[Page 31914]] allow
the Ombudsman to have direct access to the Secretary, the Governor's
office, and other agencies within state government.
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 both the house and the senate
shall each appoint one member. One member will be selected by the head
of the agency in charge of the Air Pollution Permit Program. Kentucky
chose to establish a nine member CAP with a membership consistent with
the aforementioned CAA requirements with the following modification:
the Secretary of the Natural Resources and Environmental Protection
Cabinet shall select two members instead of one and the Secretary of
the Economic Development Cabinet shall select one panel member to
represent that agency. The SBAP will serve as the secretariat to the
CAP in the development and dissemination or reports, advisory opinions,
and other information.
The duties of the CAP include: providing for ensuring the overall
effectiveness of the PROGRAM; rendering advisory opinions regarding the
effectiveness of the state PROGRAM, 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
Kentucky 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) emits less than 50 tons per year (tpy) of any regulated pollutant;
and
(5) emits less than 75 tpy of all regulated pollutants.
Kentucky 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 Commonwealth of Kentucky through the Natural Resources and
Environmental Protection Cabinet. 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 August 18,
1995 unless, within 30 days of its publication, 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 August 18, 1995.
Under Section 307(b)(1) of the Act, 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 August 18, 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 Act, 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 U.S. 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 the U.S. 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.
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. Sections 7410(a)(2) and 7410(k).
List of Subjects in 40 CFR Part 52
Air pollution control, Incorporation by reference,
Intergovernmental relations, Small business stationary source technical
and environmental assistance program.
[[Page 31915]] Dated: April 10, 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 S-Kentucky
2. Section 52.920, is amended by adding paragraph (c)(71) to read
as follows:
Sec. 52.920 Identification of plan.
* * * * *
(c) * * *
(71) The Commonwealth of Kentucky, Natural Resources and
Environmental Protection Cabinet submitted revisions to the Kentucky
State Implementation Plan on January 15, 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) Revision to the Kentucky State Implementation Plan to
incorporate document titled ``Kentucky Small Business Stationary Source
Technical Environmental Assistance Program'' which was approved by the
Kentucky Natural Resources and Environmental Protection Cabinet
effective on July 15, 1993.
(ii) Additional Material. None.
* * * * *
[FR Doc. 95-14446 Filed 6-16-95; 8:45 am]
BILLING CODE 6560-50-P
