[Federal Register Volume 59, Number 117 (Monday, June 20, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-14890]
[[Page Unknown]]
[Federal Register: June 20, 1994]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[WY5-1-6450; FRL-4886-9]
Clean Air Act Approval and Promulgation of Title V, Section 507,
Small Business Stationary Source Technical and Environmental
Compliance Assistance Program for the State of Wyoming
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rulemaking.
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SUMMARY: The EPA is approving the State Implementation Plan revision
submitted by the Governor of Wyoming on November 1, 1993 for the
purpose of establishing a Small Business Stationary Source Technical
and Environmental Compliance Assistance Program (PROGRAM). This PROGRAM
satisfies the Federal mandate of the Clean Air Act (Act) to ensure that
small businesses have access to the technical assistance and regulatory
information necessary to comply with the Act. Since this Program does
not impose any new regulatory burdens on small businesses, and because
the EPA views this as a noncontroversial amendment and anticipates no
adverse comments, the EPA is publishing this action without prior
proposal.The rationale for this approval follows.
EFFECTIVE DATE: This final rule will become effective on August 19,
1994 unless notice is received by July 20, 1994 that adverse critical
comments will be submitted. If the effective date is delayed, timely
notice will be published in the Federal Register.
ADDRESSES: Comments can be mailed to: Douglas M. Skie, Chief, Air
Programs Branch, Environmental Protection Agency, Region VIII, Mail
Code-8ART-AP, 999 18th Street, suite 500, Denver, Colorado 80202-2405.
Copies of the State's submittal and EPA's technical support document
are available for inspection during normal business hours at the
following location: Air Programs Branch, Environmental Protection
Agency, Region VIII, 999 18th Street, suite 500, Denver, Colorado
80202-2405.
FOR FURTHER INFORMATION CONTACT: Laura Farris, Mail Code 8ART-AP, EPA
Region 8, 999 18th Street, suite 500, Denver, Colorado 80202-2405,
(303) 294-7539.
SUPPLEMENTARY INFORMATION:
I. Background of Revision
Implementation of the provisions of the Clean Air Act (Act), 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 Act 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 State Implementation Plan (SIP). In
addition, the Act directs the Environmental Protection Agency (EPA) to
oversee these 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 Act. In February 1992, the 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 Wyoming has submitted a SIP revision to the 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. Summary of Submittal
The deadline for submittal of the PROGRAM to EPA was November 15,
1992. The state of Wyoming did not meet this deadline, and on January
15, 1993, EPA made a finding of failure to submit the PROGRAM pursuant
to section 179(a)(1) of the Act in a letter to the Governor of Wyoming.
Within 18 months of the date of the finding, the state was to make a
complete submittal of their PROGRAM to avoid the imposition of
sanctions authorized under section 110(m) of the Act.
The Wyoming Environmental Quality Council adopted the final version
of the PROGRAM on September 17, 1993, as authorized by the Wyoming
Environmental Quality Act, Article 2, Sections 35-11-209 through 35-11-
211. The Wyoming PROGRAM was submitted to EPA by the Governor of
Wyoming on November 1, 1993 as an addition to the Wyoming SIP. It was
initially reviewed for administrative and technical completeness. In a
letter dated November 22, 1993, EPA requested additional information
from the State in order to make a positive determination on the
submittal. After receiving the additional information in a letter dated
November 30, 1993, EPA notified the State in a letter to the Governor
dated December 13, 1993 that the submittal was administratively and
technically complete. At that time, the State of Wyoming had met all of
the requirements of section 507 and the 18 month sanctions clock was
terminated. The submittal was then reviewed for approvability by EPA
Region VIII and EPA Headquarters, and received a concurrence from all
reviewers.
II. Analysis
A. Small Business Assistance Program
Section 507(a) sets forth six requirements1 that the State
must meet to have an approvable SBAP to meet the requirements of the
first PROGRAM element.
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\1\A seventh requirement of section 507(a), establishment of an
Ombudsman office, is discussed in the next section.
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1. 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 committing in Addendum 1, page 5 of its SIP
revision to ``track the Federal Register notices for proposed and new
standards and utilize EPA's informational systems ... to provide notice
of proposed standards, new standards, and compliance time frames and to
assist and provide affected sources with various compliance methods and
technologies ....'' The State will additionally ``continue to provide
the small business community with technical assistance such as process
and control technologies and, if required and sufficient resources
exist, perform computer modeling analyses.'' The mechanisms the State
has committed to use to accomplish this include ``... coordinate with
the Small Business Administration, Ombudsman and other Department
officials to disseminate compliance and technical information in a
timely manner through: (a) Various trade and interest groups .... (b)
Public service announcements. (c) Seminars and workshops. (d)
Information packets.''
2. 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 committing in Addendum 1, page 5 of
its SIP revision to ``... provide technical expertise 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
mechanisms the State has committed to use to accomplish this are stated
in 1. above.
3. 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 committing in Addendum 1, page 5 of
its SIP revision to ``... assist small businesses in meeting the
requirements necessary to process the operating permits in an
expeditious manner ....'' The State will accomplish this by determining
applicable requirements as stated in 1. above. Additionally, the State
has committed to ``... continue to inform affected facilities through
direct mailing of any applicable proposed or final regulations or
standards issued under the Operating Permit Program or the Clean Air
Act or adopted through the Wyoming Environmental Quality Council.''
4. 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 committing in
Addendum 1, page 5 of its SIP revision to ``... inform the small
business stationary sources of their rights under the Clean Air Act.''
The mechanisms the State has committed to use to accomplish this are
stated in 1. above.
5. 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 committing in Addendum 1, pages 5 and
6 of its SIP revision to ``... assist small businesses in meeting the
requirements necessary to process the operating permits in an
expeditious manner and encourage lawful cooperation and compliance with
the Clean Air Act ....'' The State ``... will maintain a list of
consultants who may provide audits for small business stationary
sources.'' As resources allow, the State ``... may conduct audits of
small business stationary sources to determine compliance or non-
compliance with any rules, regulations, standards, permits or orders
....''
6. 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 committing in
Addendum 1, pages 5 and 6 of its SIP revision to ``... consider any
request from a small business stationary source for modification of:
(a) Any work practice or technological methods of compliance. (b) The
schedule of milestones for implementing a work practice or method of
compliance ....'' The procedures the State will use to accomplish this
include determining the ``... technological and financial capability of
the small business stationary source,'' and not granting any
modification ``... unless it is in compliance with the applicable
requirements established pursuant to Wyoming Air Quality Standards and
Regulations, the Clean Air Act, and the requirements of the Operating
Permit Program.'' Additionally, the State will ``... provide in a
timely manner the Ombudsman with all small business operating permits
and any small business requests for operational change and
modification.''
B. Ombudsman
The State has met the second PROGRAM element, the establishment of
a State Small Business Ombudsman to represent the interests of small
businesses in the regulatory process, by committing in Addendum 1, page
2 of its SIP revision to locate the position of the Small Business
Ombudsman in the Department of Environmental Quality, but separate from
the Division of Air Quality. Addendum 1, page 4 of the State's SIP
revision details the responsibilities and authorities of the Ombudsman,
including ``... act for and on behalf of the small business stationary
sources in connection with the implementation of the operating permit
program and the 1990 Clean Air Amendments ....''
C. Compliance Advisory Panel
The third PROGRAM element is the creation of a CAP to determine and
report on the overall effectiveness of the SBAP. The CAP 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 Act also 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 the EPA concerning the SBAP's adherence to the principles of
the Paperwork Reduction Act, the Equal Access to Justice Act, and the
Regulatory Flexibility Act2; (3) to review and assure that
information for small businesses is easily understandable; and (4) to
develop and disseminate the reports and advisory opinions made through
the SBAP.
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\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.
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The State has met these requirements by committing in Addendum 1,
pages 2 and 3 of its SIP revision to appoint the members of the CAP as
stated above, and to designate to the CAP the four responsibilities
listed in the Act. Two additional members will be appointed by the
Governor who represent major source operators in the State. The State
considers the two additional CAP members to be appropriate because the
operating permit fees from major sources fund the PROGRAM.
D. Eligibility
Section 507(c)(1) of the Act 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 Wyoming has established a mechanism 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 Act. This mechanism is contained in the
Addendum 1, page 1 of the State's SIP revision.
The State of Wyoming has provided 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 Act but do not emit more
than 100 tpy of all pollutants. This provision is contained in Addendum
1, page 1 of the State's SIP revision.
The State of Wyoming has provided 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 State determines to have sufficient
technical and financial capabilities to meet the requirements of the
Act. This provision is contained in Addendum 1, page 2 of the State's
SIP revision.
III. Final Action
In this action, the EPA is approving the SIP revision submitted by
the State of Wyoming. This SIP revision implements each of the PROGRAM
elements required by section 507 of the Act. Addendum 1, page 7 of the
State's SIP revision contains a schedule of milestones which show
implementation of the PROGRAM by November 15, 1994. The EPA is
therefore approving 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), as revised by an October 4, 1993
memorandum from Michael H. Shapiro, Acting Assistant Administrator for
Air and Radiation. A future document will inform the general public of
these tables. On January 6, 1989, the Office of Management and Budget
(OMB) waived Table 2 and 3 SIP revisions from the requirements of
section 3 of Executive Order 12291 for 2 years. The EPA has submitted a
request for a permanent waiver for Table 2 and Table 3 SIP revisions.
The OMB has agreed to continue the waiver until such time as it rules
on EPA's request. This request continues 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., the 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, the 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 this action, the 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 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. 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, Incorporation by reference, Air pollution
control, Small business assistance program.
Dated: May 11, 1994.
Kerrigan Clough,
Acting Regional Administrator.
Part 52, chapter I, title 40 of the 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 ZZ--Wyoming
2. Section 52.2620 is amended by adding paragraph (c)(23) to read
as follows:
Sec. 52.2620 Identificaiton of plan.
* * * * *
(c) * * *
(23) On November 1, 1993, the Governor of Wyoming submitted a plan
for the establishment and implementation of a Small Business Assistance
Program to be incorporated into the Wyoming State Implementation Plan
as required by section 507 of the Clean air Act.
(i) Incorporation by reference.
(A) November 1, 1993 letter from the Governor of Wyoming submitting
a Small Business Assistance Program plan to EPA.
(B) The State of Wyoming plan for the establishment and
implementation of a Small Business Assistance Program, adopted
September 16, 1993 by the Wyoming Environmental Quality Council.
[FR Doc. 94-14890 Filed 6-17-94; 8:45 am]
BILLING CODE 6560-50-F
