[Federal Register Volume 59, Number 153 (Wednesday, August 10, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-19449]
[[Page Unknown]]
[Federal Register: August 10, 1994]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[WI34-01-5765; FRL-4883-1]
Small Business Technical and Environmental Compliance Assistance
Program; Wisconsin
AGENCY: Environmental Protection Agency (USEPA).
ACTION: Direct final rule.
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SUMMARY: The USEPA approves the Wisconsin State Implementation Plan
(SIP) revision submitted by the State of Wisconsin 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, found in 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. The rationale for the
approval is set forth in this document; additional information is
available at the addresses indicated.
DATES: This direct final rule will be effective October 11, 1994,
unless notice is received by September 9, 1994, that someone wishes to
submit adverse comments. If the effective date is delayed, timely
notice will be published in the Federal Register.
ADDRESSES: Comments can be mailed to Carlton Nash, Chief, Regulation
Development Section, Air Toxics and Radiation Branch, United States
Environmental Protection Agency, 77 West Jackson Boulevard (AT-18J),
Chicago, Illinois 60604.
Copies of the State's submittal and USEPA's technical support
document are available for inspection during normal business hours at
the following locations:
United States Environmental Protection Agency, Region 5, Air and
Radiation Division, 77 West Jackson Boulevard (AT-18J), Chicago,
Illinois 60604; and
Wisconsin Department of Natural Resources, 101 South Webster
Street, P.O. Box 7921, Madison, Wisconsin 53707.
A copy of this SIP revision is also available at the Office of Air
and Radiation, Docket and Information Center (Air Docket 6102), room
M1500, USEPA, 401 M Street, SW., Washington, DC 20460.
FOR FURTHER INFORMATION CONTACT: Constantine Blathras, USEPA (AT-18J),
77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 886-0671.
SUPPLEMENTARY INFORMATION:
I. Background
Implementation of the provisions of the Clean Air Act, as amended
in 1990, (``CAA'' or ``the Act''), will require many small businesses
to be regulated so that areas may attain and maintain the national
ambient air quality standards (NAAQS) and the emission of air toxics
will be reduced. 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 to be incorporated as a
revision of the Federally approved SIP. In addition, the Act directs
the USEPA 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
Act. In February 1992, USEPA 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 an acceptable PROGRAM.
In order to gain full approval, a 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.
On November 18, 1992 and January 21, 1993 the State of Wisconsin
submitted such a PROGRAM to USEPA in order to satisfy the requirements
of section 507. The submittals contained the following portions of 1991
Wisconsin Act 269 and 1991 Wisconsin Act 302: Natural Resources (NR)
144.36--small business stationary source technical and environmental
compliance assistance program definitions; section 15.157(10) of the
Wisconsin Statutes--small business environmental council members;
section 560.11 of the Wisconsin Statutes--small business environmental
council duties; NR 144.399--fees; section 560.03(9) of the Wisconsin
Statutes--business and industrial development (small business ombudsman
clearinghouse); and section 96--nonstatutory provisions of 1991
Assembly Bill 1055--development.
II. Analysis
1. Small Business Assistance Program
Section 507(a) sets forth six requirements that the State must meet
to have an approvable SBAP.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 requiring the
Wisconsin Department of Natural Resources (WDNR) to develop information
pertaining to the technical issues of regulations. The Wisconsin
Department of Development (WDOD), the University of Wisconsin's Small
Business Development Center--Solid and Hazardous Waste Education
Center, and the University of Wisconsin-Extension Engineering
Professional Development Center (University of Wisconsin-Extension)
will assist WDNR in making the materials understandable to the
layperson. Rule developers will also analyze the impact of new
regulations on small business stationary sources to aid in the
development of assistance materials. Advisory committees will be
developed to encourage lawful cooperation and compliance with the Act.
Advisory committees will also be involved during rule development,
giving small businesses the opportunity to voice their concerns.
\1\A seventh requirement of Section 507(a), establishment of an
Ombudsman office, is discussed in the next section.
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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 promoting pollution prevention and
hazardous waste minimization through several existing programs.
Informational materials are developed by: WDNR's Pollution Prevention
Office, WDNR's Bureau of Solid and Hazardous Waste, and the University
of Wisconsin-Extension. WDOD's Hazardous Pollution Prevention Board
coordinates and monitors hazardous pollution prevention, advises WDNR
and the University of Wisconsin-Extension in their pollution prevention
efforts, provides hazardous pollution prevention reports to the
Governor and the State legislature, and awards pollution prevention
audit grants to businesses and manufacturers.
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 developing mechanisms to inform small
business stationary sources about applicable requirements through
WDNR's Bureau of Air Management and WDOD's Small Business Ombudsman's
Office and Permit Information Center. These mechanisms include an 800
telephone service (1-800-HELP-BUS-iness); permit applicability
determinations; dissemination of written materials (including permit
application process guidance); individual technical and business
consultations; and potential permit application workshops.
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 establishing information
dissemination mechanisms to ensure that small business stationary
sources receive notice of their rights under the new regulations. These
mechanisms include public notices and hearings on draft State rules;
mailings to trade associations, small businesses, and representatives
of small businesses; newspaper notices, radio and television
announcements, and other media for widely disseminating information;
and an 800 telephone service. Preliminary notices will also be
disseminated prior to adoption of a final rule in order to allow
businesses time to prepare for the impacts of a rule.
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 establishing information
dissemination mechanisms to ensure that small business stationary
sources receive notice of their obligations under new regulations.
These mechanisms are the same as those listed above for notifying
sources of their rights. In addition, Wisconsin has developed
mechanisms for referring small business stationary sources to qualified
auditors. These mechanisms include providing information on Hazardous
Pollution Prevention Audit Grants, providing information through the
University of Wisconsin-Extension Solid and Hazardous Waste Education
Center, and developing a guide to assist small business stationary
sources in hiring auditors. The SBAP may also develop a list of
consultants which provide environmental compliance audits.
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 addressing
such requests through permit revision procedures. The SBAP will assist
businesses with the permit revision process.
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 designating the WDOD as the Ombudsman,
using several services offered by WDOD, including the Small Business
Ombudsman Clearinghouse, the Permit Information Center, and the 800
telephone service. Two additional WDOD staff will be added to handle
the additional responsibilities and workload that cannot be met through
existing WDOD services. Wisconsin's Small Business Ombudsman performs
many duties, including: serving as an information and assistance center
for small businesses affected by the Act; assuming responsibility for
program evaluation, information collection and dissemination, and
dispute resolution for small businesses; and working with other State
agencies and organizations that provide Act related services to small
businesses to ensure that information is useful and efficiently
provided.
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 number of CAP members will be appointed and
consistent with statues according to section 507(e)(2).
In addition to establishing the minimum membership of the CAP, the
Act 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 USEPA 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 establishing the Small Business Environmental
Council (SBEC) to meet these responsibilities. The SBEC consists of
representatives of small businesses, the public, the WDNR and the WDOD,
and oversee the activities of the SBAP to advise the program on how to
improve its services. In addition, the Ombudsman staff and SBAP staff
will provide support for the SBEC in its efforts to carry out these
responsibilities.
\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, U.S. 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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4. 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 Wisconsin 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. Wisconsin intends to use these mechanisms
only if the resources of the PROGRAM are abused by those for whom it
was not intended, or if the PROGRAM becomes overburdened by providing
assistance to sources which do not meet the small business stationary
source definition. Pursuant to section 507(c)(2) of the Act, the State
of Wisconsin 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 regulated pollutants. In response to petition by a stationary
source, WDNR may, by rule, extend the definition of small business
stationary source as outlined above.
The State of Wisconsin has provided for exclusion from the small
business stationary source definition, after consultation with the
USEPA 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. WDNR has the authority to narrow the definition in this manner
through rulemaking.
III. This Action
The State of Wisconsin has submitted a SIP revision implementing
each of the required PROGRAM elements required by section 507 of the
Act. The Small Business Ombudsman elements began delivering assistance
services in July 1993. The SBEC was fully functional by October 1993.
The SBAP will be fully implemented by the effective date of Wisconsin's
Title V Operating Permit Program, which may occur before November 1994.
USEPA is, therefore, approving this submittal.
Because USEPA considers this final rule noncontroversial and
routine, we are approving it today without prior proposal. This rule
will become effective on October 11, 1994. However, if we receive
notice by September 9, 1994, that someone wishes to submit adverse
comments, then USEPA will publish: (1) A document that withdraws the
action, and (2) a document that begins a new rulemaking by proposing
the action and establishing a comment period.
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 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 (54 FR
2222) from the requirement of section 3 of Executive Order 12291 for a
period of two years. USEPA 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 USEPA's request.
Nothing in this action should be construed as permitting, allowing
or establishing a precedent for any future request for revision to any
SIP. USEPA shall consider each request for revision to the SIP in light
of specific technical, economic, and environmental factors and in
relation to relevant statutory and regulatory requirements.
Under Executive Order 12866, 58 FR 51735 (October 4, 1993), USEPA
must determine whether the regulatory action is ``significant'' and
therefore subject to OMB review and the requirements of the Executive
Order. The Order defines ``significant regulatory action'' as one that
is likely to result in a rule that may:
(1) Have an annual effect on the economy of $100 million or more or
adversely affect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, of State, local, or tribal governments or
communities;
(2) Create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
(3) Materially alter the budgetary impact of entitlements, grants,
users fees, or loan programs or the rights and obligations of
recipients thereof; or
(4) Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
the Executive Order. OMB has exempted this regulatory action from E.O.
12866 review.
Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., USEPA
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, USEPA 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, USEPA 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 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.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Small Business
Assistance Program, Incorporation by reference.
Dated: April 5, 1994.
Valdas V. Adamkus,
Regional Administrator.
For the reasons set out in the preamble, part 52, chapter 1, title
40 of the Code of Federal Regulations is amended as follows:
PART 52 APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
Subpart YY--Wisconsin
2. Section 52.2570 is amended by adding paragraph (c)(72) to read
as follows:
Sec. 52.2570 Identification of plan.
* * * * *
(c) * * *
(72) On November 18, 1992 and January 21, 1993, the State of
Wisconsin submitted a Small Business Stationary Source Technical and
Environmental Assistance Program for incorporation in the Wisconsin
State Implementation Plan as required by Section 507 of the Clean Air
Act. Included in the State's submittal were portions of 1991 Wisconsin
Act 269 and 1991 Wisconsin Act 302.
(i) Incorporation by reference.
(A) Section 15.157(10)--small business environmental council--91-92
Wis. Stats., Effective date: May 14, 1992.
(B) Section 144.36--small business stationary source technical and
environmental compliance assistance program--91-92 Wis. Stats.,
Effective date: May 14, 1992.
(C) Section 144.399(2)(c)--fees--91-92 Wis. Stats., Effective date:
July 1, 1992.
(D) Section 560.03(9)--business and industrial development--91-92
Wis. Stats., Effective date: May 14, 1992.
(E) Section 560.11--small business environmental council--91-92
Wis. Stats., Effective date: May 14, 1992.
(F) Section 560, Subchapter III--permit information center--91-92
Wis. Stats., Effective date: November 17, 1983.
(G) Section 96--nonstatutory provisions; development--91 WisAct
302, 1991 Laws of Wisconsin. Effective date May 14, 1992.
(ii) Other material.
(A) Program description.
3. New section 52.2586 is added to subpart YY to read as follows:
Sec. 52.2586 Small business stationary source technical and
environmental compliance assistance program.
The Wisconsin small business stationary source technical and
environmental compliance assistance program submitted on November 18,
1992 and January 21, 1993, satisfies the requirements of Section 507 of
the Clean Air Act.
[FR Doc. 94-19449 Filed 8-9-94; 8:45 am]
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