[Federal Register Volume 59, Number 160 (Friday, August 19, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-20345]
[[Page Unknown]]
[Federal Register: August 19, 1994]
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EVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[TX-20-1-5732a; FRL-5016-8]
Clean Air Act Approval and Promulgation of Title V, Section 507,
Small Business Stationary Source Technical and Environmental Compliance
Assistance Program for Texas
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: The EPA is approving the State Implementation Plan (SIP)
revision submitted by the State of Texas for the purpose of
establishing a Small Business Stationary Source Technical and
Environmental Compliance Assistance Program. The SIP revision was
submitted by the State to satisfy the Federal mandate, found in the
Clean Air Act (CAA), to ensure that small businesses have access to the
technical assistance and regulatory information necessary to comply
with the CAA. The rationale for the approval is set forth in this
document; additional information is available at the address indicated
below.
DATES: This action will become effective on October 18, 1994, unless
adverse or critical comments are received by September 19, 1994. If the
effective date is delayed, timely notice will be published in the
Federal Register.
ADDRESSES: Written comments on this action should be addressed to Mr.
Thomas Diggs, Chief (6T-AP), Planning Section, at the EPA Regional
Office listed below. Copies of the documents relevant to this action
are available for public inspection during normal business hours at the
following locations. The interested persons wanting to examine these
documents should make an appointment with the appropriate office at
least 24 hours before the visiting day.
U.S. Environmental Protection Agency, Region 6, Air Programs Branch
(6T-AP), 1445 Ross Avenue, Suite 700, Dallas, Texas 75202-2733.
Air and Radiation Docket and Information Center, U.S. Environmental
Protection Agency, 401 M Street, SW., Washington, DC 20460.
Texas Natural Resource Conservation Commission, Office of Air
Quality, 12124 Park 35 Circle, Austin, Texas 78753.
FOR FURTHER INFORMATION CONTACT: Dr. John Crocker, P.E., Planning
Section (6T-AP), Air Programs Branch, U.S. Environmental Protection
Agency, Region 6, 1445 Ross Avenue, Dallas, Texas 75202-2733, telephone
(214) 665-7596.
SUPPLEMENTARY INFORMATION:
I. Background
Implementation of the provisions of the CAA, 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 emissions 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 CAA 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 SIP. In addition, the CAA directs the EPA 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 CAA. 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 Texas 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
three 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.
The Region used section 507 of the CAA when reviewing the State
submittal for approvability. The SIP revision, discussed in detail in
the Technical Support Document, is briefly outlined below.
II. Analysis
A. Procedural Background
The State of Texas has met all of the requirements of section 507
by submitting a SIP revision that implements all required PROGRAM
elements. The Texas Clean Air Act (TCAA), TEXAS HEALTH AND SAFETY CODE
ANN. (Vernon 1992), Sec. 382.0365, ``Small Business Stationary Source
Assistance Program'', enacted by the Texas 1991 legislative session and
effective September 1991, provides authority for the State to establish
a PROGRAM (SIP Appendix A). Included in Sec. 382.0365 of the TCAA are
provisions establishing an SBAP, establishing the SBAP's duties and
responsibilities, creating a State ombudsman, creating a CAP,
establishing membership of the CAP, and establishing CAP duties. In
addition, the State of Texas has the legal authority necessary to
implement the control strategies for the PROGRAM in compliance with the
CAA and the EPA requirements under the provisions of the TCAA,
Secs. 382.0365(f) and 382.017. The Texas Small Business Ombudsman,
Small Business Advocate's Office, is located at the central offices of
the Texas Natural Resource Conservation Commission (TNRCC), Office of
Air Quality, [formerly the Texas Air Control Board (TACB)], in Austin,
Texas.
The State conducted public hearings on September 2, 3, 8, 9, and
10, 1992, to consider public comments on the proposed PROGRAM, which
will amend the Texas SIP to add a revision entitled, ``Revisions to the
State Implementation Plan for the Small Business Stationary Source
Technical and Environmental Compliance Assistance Program, Texas Air
Control Board''. The proposed SIP revision was formally adopted
November 6, 1992, by the TACB. The Texas PROGRAM was submitted to the
EPA by the Governor of Texas on November 13, 1992 (received November
16, 1992) as a revision to the Texas SIP. It was initially reviewed for
completeness and was determined complete on January 15, 1993. The
submittal was then reviewed for approvability by the EPA Region 6 and
EPA Headquarters.
On September 1, 1993, the TACB merged with the Texas Water
Commission to form the TNRCC and is now called the Office of Air
Quality within the TNRCC. The merger did not abrogate, void, or rescind
any rules, regulations, Orders, permits, or any other action previously
taken by the former TACB.
B. Plan Requirements
1. Small Business Assistance Program
The first PROGRAM element is the establishment of a SBAP to provide
technical and compliance assistance to small businesses.
The State has met the first PROGRAM element by committing in its
narrative SIP revision, under subsection I.A.3.c), entitled
``Establishment of a Small Business Assistance Program (SBAP)'', to
establish a SBAP in the TACB, Program Development Division. In order to
establish this PROGRAM element, Sec. 382.0365(a) and (b) of the TCAA
were enacted and provide the legal authority requiring for
establishment of the SBAP with responsibilities consistent with the six
requirements in title V of the Federal CAA. The SBAP will provide
sufficient services to small businesses through the development,
collection, and dissemination of information to small businesses on
matters of (1) Determining applicable requirements under the CAA and
permit issuance; (2) the rights and obligations of small businesses
under the CAA; (3) compliance methods and acceptable control
technologies; (4) pollution prevention and accidental release
prevention and detection; and (5) audit programs. (Details are
presented in the EPA's Technical Support Document and the State's
submittal.)
a. The Texas SBAP is charged with the following duties:
(i) Conducting independent evaluations of all aspects of the SBAP
to determine program effectiveness and continuously improving the
program design;
(ii) Reviewing and providing comments and recommendations to the
Ombudsman's Office, the CAP, EPA, the State, and the local air
pollution control authorities regarding the development and
implementation of regulations that impact small businesses;
(iii) Facilitating and promoting the early participation of small
businesses in the development of new or modified regulations and
policies that impact small businesses;
(iv) Assisting in providing to other State and local authorities,
associations, educational institutions, environmental groups, and the
general public information regarding the applicability of the
requirements of the CAA to small businesses;
(v) Actively promoting and assisting in the dissemination of
information (i.e., upcoming regulations, control technologies, etc.) to
small businesses and other interested parties;
(vi) Participating in and sponsoring meetings and conferences with
State/local air pollution control authorities, industry groups, and
small business representatives;
(vii) Periodically surveying small businesses and other customers
of the SBAP to determine if the work and services provided by the SBAP
to trade associations and small business representatives are adequate;
(viii) Operating a telephone hot line to provide technical and
compliance help on individual source problems;
(ix) Referring small businesses to the appropriate technical
specialists in the community where they may obtain information and
assistance on affordable alternative technologies, process changes,
products, and operational methods to help reduce air pollution and
accidental releases;
(x) Arranging for and assisting in the preparation of guideline
documents to ensure that the technical and compliance information is
available and is readily understandable by the layperson;
(xi) Working with trade associations and small businesses to bring
about voluntary compliance with regulations under the TCAA and the CAA;
(xii) Interfacing with regional and State offices of the Small
Business Administration, Department of Commerce, and/or other State and
Federal agencies that may have programs to financially assist small
businesses in need of funds to comply with environmental regulations
and develop information so that it is readily available to the small
business community;
(xiii) Interfacing with private sector financial institutions to
assist small businesses in locating sources of funds to comply with
State/local air pollution control requirements; and
(xiv) Conducting studies to evaluate the impacts of the TCAA and
the CAA on the State's economy, local economies, and small businesses,
and supporting similar studies conducted by the Ombudsman's Office.
Additional details of the Texas SBAP are presented below.
b. Section 507(a) sets forth six requirements1 that the State
must meet to have an approvable SBAP. 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.
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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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The State has met this requirement. The SBAP will provide a system
for developing, collecting, and coordinating information on compliance
methods and technologies. Data bases and experts in different areas
will provide definitive guidance information.
The SBAP will include:
(i) Methods for disseminating technical and compliance information
to small businesses: The SBAP will act as an information clearinghouse
by referring small businesses to State technical experts, specifically
trained to handle specific questions relevant to achieving compliance
with the CAA. The State has installed and is operating a toll-free
telephone hot line to respond to inquires from small businesses.
Services provided by the SBAP are to be publicized through an
electronic bulletin board, association newsletters, industry groups,
trade associations, and community roundtables. The flow of information
includes two types of components: A proactive component and a reactive
component. The proactive component involves adequate communication with
and information outreach to small businesses in the form of easily
discernable information which specifically details their obligations
under the CAA. The reactive component involves the establishment of a
clearinghouse for handling incoming inquiries from small businesses
regarding methods for achieving compliance with air pollution control
requirements under the CAA. A more detailed description of the SBAP
elements follows.
(ii) Information dissemination methods available to qualified small
businesses are as follows:
(A) An electronic bulletin board will be available 24 hours a day,
seven days a week to provide guidance on applicable rules and
regulations, a calendar of events, a listing of public hearings and
workshops, and a menu of directories that include Federal, State, and
private environmental hot lines and technology centers. The electronic
bulletin board will also provide a mechanism that allows users to
evaluate the system and provide anonymous comments on the program and
information provided; the user can make suggestions. Application forms,
instructions, brochures, and other technical and compliance information
can be requested through the electronic bulletin board. Up-to-date
State and Federal regulations for all media will be available with
search capability for review and selection by qualified small
businesses. The electronic bulletin board is available via computer
modem (phone line) directly on the small business site or at a variety
of locations within the State.
(B) The SBAP will mail, upon request, information outlining the
rights of small businesses and how those rights can be exercised.
(C) Personal visits to small businesses may be made by the SBAP
personnel.
(D) Public service announcements by mass media methods such as
newspapers, radio, and television are available. Videos are also
available upon request.
(E) Area seminars will be conducted by the TACB on a periodic
basis, including seminars at the central Austin, Texas office.
(F) A toll-free hot line to receive technical and compliance
information will be implemented through the SBAP office.
(G) A clearinghouse will be established that will handle incoming
inquiries from small businesses. Access to the electronic bulletin
board, facsimile machine, printer, and other information tools will be
available to staff to respond to the inquiries. Walk-in service will be
provided, as well as electronic, written, and telephone contacts. All
information developed by the SBAP will be available through the
clearinghouse, as well as any appropriate reference materials needed to
comply.
c. 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. The SBAP will assist small
business stationary sources on methods of pollution prevention and
accidental release prevention and detection, including information
concerning different technologies, process changes, products, and
methods of operation that help reduce air pollution. Technical
personnel from the TACB will be available to provide pertinent
information from the regional offices or from the Austin office.
Circumstances and specific emissions will dictate the required
procedure to be followed by the small business stationary sources.
Mechanisms to provide assistance will include the following:
(i) The SBAP will coordinate information relating to pollution
prevention and accidental release prevention and detection with all
Federal, State, and local agencies with environmental jurisdictions;
(ii) The SBAP clearinghouse and electronic bulletin board will
include information on pollution prevention, accidental release
prevention, and detection; and
(iii) A directory of contacts will be developed and made available
of technical experts in the areas of pollution prevention, accidental
release prevention, detection, and familiarity with pollution
prevention technologies and alternatives to reduce pollution.
d. 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. The State has committed to
establish a small business stationary source compliance assistance
program for determining applicable requirements and permit issuance,
including the following:
(i) Industry-specific information packets will be developed and
made available to small businesses and staff that include information
on rules, regulations, permit requirements, testing, recordkeeping, and
compliance information, as well as self-audit procedures and pollution
prevention methods.
(ii) Inspectors will be provided training on how to educate small
business owners on conducting self-inspections and understanding the
compliance requirements they must meet; and
(iii) Whenever a new policy or rule is promulgated, workshops will
be conducted to inform and educate the specific small business
community on appropriate compliance methods and procedures.
e. 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. The State has committed to
provide methods for notifying small business stationary sources on a
timely basis of their rights under the CAA, including the following:
(i) The SBAP will develop a data base that includes all small
business stationary sources and associations, and will coordinate with
appropriate agency staff to notify affected sources of potential
changes or rules that affect them;
(ii) Formal public notification procedures will be developed and
implemented agencywide that ensure timely notice of small businesses of
their rights and obligations under the CAA; and
(iii) The SBAP will work with trade associations, local agencies,
educational facilities, and community leaders to establish
environmental partnerships to bring about voluntary compliance with
regulations under the CAA through participation and educational
activities.
f. 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. Methods that are identified in
paragraph II.B.1.b.(ii) above (concerning the first requirement) shall
be utilized by the State to inform small business stationary sources of
their obligations under the CAA, including a program for referring
sources to qualified auditors or for the State to provide for audits of
the operations of such sources to determine if they are within the
rules of the CAA. The audit program will be established no later than
November 15, 1994.
g. 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. The State will:
(i) Provide a system for collecting and coordinating information on
compliance methods and technologies. Data bases and experts in
different areas will provide definitive guidance information.
(ii) Develop procedures to respond to requests from small business
stationary sources for modification of any work practice or technical
methods of compliance, 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. No such modification may be
granted unless it is in compliance with the applicable requirements of
the CAA.
(iii) Establish approved procedures to provide review of requests
from small businesses for modification of work practice or technical
methods of compliance based on financial and technological capability.
The SBAP core portion of the PROGRAM will be staffed with 18
positions. Hiring of all staff positions to support the Texas SBAP will
be completed by mid-1994. Most of the assistance provided to small
businesses will be managed by this group of staff members with
assistance and input from the Small Business Advocate's (Ombudsman's)
Office. Subsection I.A.3.c) of the SIP, entitled ``Establishment of a
Small Business Assistance Program (SBAP)'', describes the details of
the SBAP, which meet the six requirements set forth in section 507(a),
and stated above. Furthermore, Sec. 382.0365 of the TCAA requires the
establishment of the SBAP and requires the TNRCC to implement this core
portion of the PROGRAM in accordance with the CAA and the EPA
requirements.
2. Ombudsman
The second PROGRAM element is the establishment of a State Small
Business Ombudsman to represent the interests of small businesses in
the regulatory process. 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 hiring the Ombudsman on
February 17, 1992. The Ombudsman reports directly to the TNRCC
Commissioners (previously to the TACB) and is not within the chain of
command of the State agency itself. Thus, the Ombudsman is separate
from the air quality regulatory branch of the State agency, and
therefore can be an independent advocate for small businesses. The
office is located at the central offices of the TNRCC, Office of Air
Quality (previously the TACB) at 12124 Park 35 Circle, Austin, Texas
78753. The office is currently partially staffed and operational, and
has been since October 1992. The Small Business Advocate's
(Ombudsman's) Office will ultimately be staffed with 11 positions by
mid-1994, and the Office is responsible for administering the Ombudsman
element of this PROGRAM. The TCAA, Sec. 382.0365(b)(3) provides the
legal authority for establishment of the Small Business Ombudsman. The
Ombudsman has the authority to request information from other State
agencies that assist small businesses and has the ability to testify
before the Legislature.
a. It shall be the responsibility of the State office to represent
small business stationary sources that require assistance in air
pollution matters.
b. The Ombudsman's Office has an adequate staff that includes
appropriate personnel to assist in all phases of air pollution control.
Specific staffing plans are presented in Appendix C of the SIP.
c. The Ombudsman's Office has been and will be provided adequate
funding to maintain the office.
d. The Ombudsman's Office is charged with the following duties:
(i) Conducting independent evaluations of all aspects of the SBAP;
(ii) Reviewing and providing comments and recommendations to the
EPA, the State, and the local air pollution control authorities
regarding the development and implementation of regulations that impact
small businesses;
(iii) Facilitating and promoting the participation of small
businesses in the development of new regulations that impact small
businesses;
(iv) Assisting in providing to higher authorities and the public
information regarding the applicability of the requirements of the CAA
to small businesses;
(v) Aiding in the dissemination of information (i.e., upcoming
regulations, control technologies, etc.) to small businesses and other
interested parties;
(vi) Participating in and sponsoring meetings and conferences with
State/local air pollution control authorities, industry groups, and
small business representatives;
(vii) Periodically reviewing the work and services provided by the
SBAP with trade associations and small business representatives;
(viii) Operating a telephone hot line to provide help on individual
source problems and grievances;
(ix) Referring small businesses to the appropriate specialists in
the SBAP where they may obtain information and assistance on affordable
alternative technologies, process changes, products, and operational
methods to help reduce air pollution and accidental releases;
(x) Arranging for and assisting in the preparation of guideline
documents by the SBAP to ensure that the language is readily
understandable by the layperson;
(xi) Working with trade associations and small businesses to bring
about voluntary compliance with regulations under the CAA;
(xii) Interfacing with regional and State offices of the Small
Business Administration, the Department of Commerce, and/or other State
and Federal agencies that may have programs to financially assist small
businesses in need of funds to comply with environmental regulations;
(xiii) Interfacing with private sector financial institutions to
assist small businesses in locating sources of funds to comply with
State/local air pollution control requirements; and
(xiv) Conducting studies to evaluate the impacts of the CAA on the
State's economy, local economies, and small businesses. Copies of
studies will be available upon request to the Ombudsman's Office.
Thus, it shall be the responsibility of the Small Business
Advocate's Office to monitor the PROGRAM. The Office shall:
(A) Since February 1992, serve as ombudsman for small businesses in
accordance with the Federal mandate of section 507 of the 1990 CAA; and
(B) Work with the SBAP to develop programs and provide assistance
to small businesses in all areas, as necessary.
Sufficient resources will be provided to the State Advocate's
Office to enable it to discharge its responsibilities effectively.
Provisions have been made to provide the Ombudsman with direct access
to the government agencies and officials necessary to ensure that the
concerns of small businesses will be heard. Further, the Ombudsman is
vested with sufficient authority to identify and propose solutions to
small business problems as they relate to the implementation of the
CAA. The narrative SIP revision, subsection I.A.3.a) entitled
``Designation of a State Office to Serve as Ombudsman for Small
Businesses'', describes the details of the Ombudsman element of the
PROGRAM. Section 382.0365 of the TCAA requires the establishment of the
Ombudsman and requires the TNRCC to implement this element in
accordance with the CAA and the EPA requirements.
3. Compliance Advisory Panel (CAP)
The third PROGRAM element is the creation of a CAP to determine and
report on the overall effectiveness of the SBAP. Section 507(e)
requires the State to establish a 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 State has met this requirement by committing to appoint members
to the Panel by November 1994. Section 382.0365 of the TCAA creates the
State Compliance Advisory Panel with responsibilities consistent with
the requirements in title V of the Federal CAA and specifies the
panel's make-up, qualifications, and duties. Adequate support sources
and sufficient resources to conduct business will be provided to the
Panel by the Ombudsman. The TNRCC, Office of Air Quality (formerly the
TACB), will assist in the formation of the seven-member CAP.
Although section 507 of the CAA requires selection by the majority
and minority leadership of the House and Senate, the EPA believes that,
given the makeup of the State's legislature, as required by the State's
constitution, Texas' selection complies with section 507 of the CAA.
Texas has a bicameral legislature. There are constitutional provisions
providing for leadership of the Senate and House in the Office of the
Lieutenant Governor (President of the Senate) and in the Office of the
Speaker of the House. However, there are no positions in the Texas
legislature which equate to majority and minority leaders, as in the
national Congress. In accordance with section 507(e) of the Federal
CAA, Sec. 382.0365(c) of the Texas Health and Safety Code provides for
the composition of the CAP. Pursuant to Sec. 382.0365(c), both the
Lieutenant Governor and the Speaker of the House, who are the
equivalent Texas entities for purposes of legislative selection of CAP
members, shall each select two members. It is the EPA's position that
this appointment mechanism complies with the legislative intent of
section 507(e). Appendix D of the SIP revision submittal discusses the
State's constitutional/statutory legislative process for all
appointment procedures. Minority leadership is represented in the
appointments made by the Lieutenant Governor and the Speaker of the
House, since the Lieutenant Governor is elected State-wide, and the
Speaker is elected by the entire House. The EPA believes that the
process for designation of CAP members by the two legislative leaders
meets the intent of section 507(e).
In addition to establishing the minimum membership of the CAP, the
CAA 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 Act\2\;
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\2\Section 507(e)(1)(B) of the CAA 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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(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 (A) by enacting the State law
creating the CAP and providing it with the enumerated responsibilities,
and (B) by committing to appoint members to the Panel by November 1994.
4. Eligibility
Section 507(c)(1) of the CAA 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 Texas 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 CAA. This mechanism is described in the
State's narrative SIP revision, subsection I.A.4. entitled ``Source
Eligibility''.
The State of Texas 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 CAA but do not emit more
than 100 tpy of all regulated pollutants.
The State has also 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 hearing, of any category or subcategory of
sources that the State determines to have sufficient technical and
financial capabilities to meet the requirements of the CAA.
III. Final Action
In this action, the EPA is approving the SIP revision submitted by
the State of Texas for establishing a Small Business Stationary Source
Technical and Environmental Compliance Assistance Program.
The State of Texas has submitted a SIP revision for establishing
each of the required PROGRAM elements required by section 507 of the
CAA. The EPA has reviewed this revision to the Texas SIP and is
approving it as submitted because the State's PROGRAM meets the
requirements of section 507 of the CAA. The SIP includes a schedule of
implementation, which commits the State to have all three principal
PROGRAM elements fully implemented by November 15, 1994. SIP schedule
implementation milestones are being tracked and monitored by the Region
as part of the State's normal PROGRAM review. Currently, Texas has
partially staffed and initiated the SBAP, designated and partially
staffed the State Office to serve as Small Business Ombudsman, and
created a CAP (and appointed five of its seven members). The CAP's
initial meeting will be held by November 15, 1994. The State is
implementing a model program with most elements in place well ahead of
the EPA deadline of November 15, 1994 to have a fully operational
program.
The EPA is publishing this action without prior proposal because
the Agency views this as a noncontroversial amendment and anticipates
no adverse comments. However, EPA has published a simultaneous proposed
rule in this Federal Register. This direct final action will be
effective October 18, 1994, unless adverse or critical comments are
received by September 19, 1994. If the EPA receives such comments, this
action will be withdrawn, and all public comments received will be
addressed in a subsequent final rule that is based on the proposed rule
(please see the brief proposed rule published in this issue of the
Federal Register). 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 October 18, 1994.
The EPA has reviewed this request for revision of the federally-
approved SIP for conformance with the provisions of the 1990 Clean Air
Act Amendments enacted on November 15, 1990. The EPA has determined
that this action conforms with those requirements.
Nothing in this action should be construed as permitting or
allowing or establishing a precedent for any future request for
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.
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 in
this action 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 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.
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. The Office of Management and Budget has exempted
this regulatory action from Executive Order 12866 review.
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by October 18, 1994. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule for the 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).]
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Small business assistance program.
Note: Incorporation by reference of the SIP for the State of
Texas was approved by the Director of the Federal Register on July
1, 1982.
Dated: July 1, 1994.
W.B. Hathaway,
Acting Regional Administrator (6A).
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 SS--Texas
2. Section 52.2270 is amended by adding paragraph (c)(85) to read
as follows:
Sec. 52.2270 Identification of plan.
* * * * *
(c) * * *
(85) The State is required to implement a Small Business Stationary
Source Technical and Environmental Compliance Assistance Program
(PROGRAM) as specified in the plan revision submitted by the Governor
on November 13, 1992. This plan submittal, as adopted by the Texas Air
Control Board (TACB) on November 6, 1992, was developed in accordance
with section 507 of the Clean Air Act (CAA).
(i) Incorporation by reference.
(A) Texas Clean Air Act (TCAA), TEXAS HEALTH AND SAFETY CODE ANN.
(Vernon 1992), Sec. 382.0365, ``Small Business Stationary Source
Assistance Program'', enacted by the Texas 1991 legislative session and
effective September 1, 1991. Included in TCAA, Sec. 382.0365, are
provisions establishing a small business assistance program (SBAP), an
Ombudsman, and a Compliance Advisory Panel (CAP); establishing
membership of the CAP; and addressing the responsibilities and duties
of the SBAP, Ombudsman, and the CAP.
(B) TACB Order No. 92-22, as adopted by the TACB on November 6,
1992.
(C) Appendix C, ``Schedule of Implementation'', appended to the
narrative SIP Revision entitled, ``Revisions to the State
Implementation Plan for the Small Business Stationary Source Technical
and Environmental Compliance Assistance Program, Texas Air Control
Board; November 1992''.
(ii) Additional material.
(A) Narrative SIP Revision entitled, ``Revisions to the State
Implementation Plan for the Small Business Stationary Source Technical
and Environmental Compliance Assistance Program, Texas Air Control
Board; November 1992''.
(B) TACB certification letter dated November 10, 1992, and signed
by William R. Campbell, Executive Director, TACB.
(C) Legal opinion letter dated October 15, 1992 from Kirk P.
Watson, Chairman, TACB, to Mr. B.J. Wynne, III, Regional Administrator,
EPA Region 6, regarding the composition of the Small Business
Compliance Advisory Panel for Texas.
3. Section 52.2307 is added to read as follows:
Sec. 52.2307 Small business assistance program.
The Governor of Texas submitted on November 13, 1992 a plan
revision to develop and implement a Small Business Stationary Source
Technical and Environmental Compliance Assistance Program to meet the
requirements of section 507 of the Clean Air Act by November 15, 1994.
The plan commits to provide technical and compliance assistance to
small businesses, hire an Ombudsman to serve as an independent advocate
for small businesses, and establish a Compliance Advisory Panel to
advise the program and report to the EPA on the program's
effectiveness.
[FR Doc. 94-20345 Filed 8-18-94; 8:45 am]
BILLING CODE 6560-50-P
