[Federal Register Volume 60, Number 176 (Tuesday, September 12, 1995)]
[Rules and Regulations]
[Pages 47285-47288]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-22152]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[ME-24-1-6911a; A-1-FRL-5284-8]
Approval and Promulgation of Air Quality Implementation Plans;
Maine; 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 a State Implementation Plan (SIP) revision
submitted by the State of Maine for the purpose of establishing a Small
Business Stationary Source Technical and Environmental Compliance
Assistance Program (PROGRAM). This SIP was submitted by the State 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 final rule is effective November 13, 1995, unless notice is
received by October 12, 1995 that adverse or critical comments will be
submitted. If the effective date is delayed, timely notice will be
published in the Federal Register.
ADDRESSES: Comments may be mailed to Susan Studlien, Acting Director,
Air, Pesticides and Toxics Management Division, U.S. Environmental
Protection Agency, Region I, JFK Federal Building, Boston, MA 02203.
Copies of the documents relevant to this action are available for
public inspection during normal business hours, by appointment at the
Air, Pesticides and Toxics Management Division, U.S. Environmental
Protection Agency, Region I, One Congress Street, 10th floor, Boston,
MA; Air and Radiation Docket and Information Center, U.S. Environmental
Protection Agency, 401 M Street, S.W., (LE-131), Washington, D.C.
20460; and Department of Environmental Protection, 71 Hospital Street,
Augusta, ME 04333.
FOR FURTHER INFORMATION CONTACT: Emanuel Souza, Jr., (617) 565-3248.
SUPPLEMENTARY INFORMATION: 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 emission of air toxics. 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 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, 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.
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
[[Page 47286]]
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. Analysis
Maine has met all of the requirements of section 507 by submitting
a SIP revision that implements all required PROGRAM elements.
1. Small Business Assistance Program
Section 507(a) sets forth six requirements 1 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.
\1\ A seventh requirement of Section 507(a), establishment of an
Ombudsman office, is discussed in the next section.
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The SBAP has met this requirement by acting as a clearing house for
developing, compiling and disseminating technical information for small
businesses. Mechanisms include networking and obtaining information
from various agencies and departments within the State, EPA and
business sectors. The program will provide and prepare industry
guidelines for small businesses. The State has also established a toll-
free phone number to help answer small business questions.
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 providing assistance to small
businesses by responding to telephone and written requests.
Additionally, the state will sponsor conferences, workshops, etc. to
disseminate information. Maine's small business assistance program is
placed in the State's existing Office of Pollution Prevention.
Therefore, the SBAP is built on an already established program.
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's SBAP will be the responsibility of the small business
ombudsman and the staff within the Office of Pollution prevention. The
implementation of the program will also involve various functional
units within the Department of Environmental Protection. The SBAP will
assist air emission sources by providing sources with assistance in
identifying applicable rules; determining the need for a permit;
explaining permitting procedures; providing the necessary forms and
applications and assisting them in preparing the documents; providing
sources with information on the Small Business Assistance Program;
assisting them by identifying compliance assistance; and referring
small businesses with specialized problems or concerns to the
Ombudsman.
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 listing various mechanisms in
the SIP revision which will be utilized while implementing the program.
These mechanisms include, among others, assistance in identifying
applicable rules, explaining relevant issues, providing information and
notifying small businesses of their rights and obligations.
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 will meet this requirement by preparing brochures
outlining the rights and obligations under the CAA and the small
business assistance program. This effort will be further supplemented
by the staff's development of compliance and permitting workshops. The
audit program will be funded primarily by the Department with 25% of
the cost of the audit coming from the source. The State will offer two
types of audit services. The Department is also exploring other
possibilities of establishing a more effective and efficient audit
program.
The sixth requirement is to develop procedures for consideration of
requests from small business stationary sources 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 SIP revision states that regulations for consideration of work
practices for technological methods of compliance exist in Maine's
regulations governing the Title V Operating Permit Program. All
requests for modifications will be considered according to the
regulations set forth in Title V whether or not that source is subject
to Maine's Title V Permit program. The regulations include: (1)
procedures for receiving requests from small businesses to modify the
provisions of state adopted regulations; (2) format of such requests;
(3) procedures for how requests shall be reviewed and acted upon; and
(4) requirements to ensure that no such modification may be granted
unless it is in compliance with the applicable requirements of the CAA,
applicable SIP or any Federal regulation.
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 placing the Ombudsman in the existing
Office of the Pollution Prevention. A specific list of Ombudsman duties
are listed in the SIP revision. Maine's legislation legally authorizes
the Ombudsman to carry out the role and functions of the federally
mandated position by specifically addressing the requirements in
section 507.
3. Compliance Advisory Panel
Section 507(e) requires the State to establish a Compliance
Advisory Panel 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 incorporating the compliance advisory
panel into the existing Pollution Prevention Advisory Committee. Since
the compliance advisory panel is being integrated into an already
established panel, the State has revised the make-up of the formal
Pollution Prevention Advisory committee to meet the requirements of
[[Page 47287]]
section 507(e). The committee will be increased to 16 voting members.
Selection of the panel members is consistent with the CAA requirements
and the additional members of the panel do not change the overall
makeup of the panel as required in section 507(e).
In addition to establishing the membership of the CAP, the State
PROGRAM delineates four responsibilities of the Panel: (1) to render
advisory opinions concerning the effectiveness of the SBAP and the
difficulties encountered; (2) to periodically report to 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 (3) to review and assure that information for small business
stationary sources is easily understandable to the layperson; and (4)
the Ombudsman may serve as the Secretariat for the development and
dissemination of panel reports and advisory opinions.
\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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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 SIP revision's eligibility requirements for the PROGRAM is
consistent with the CAA. Additionally, the SIP revision says that it
will be the general policy of the Department of Environmental
Protection to assist all business in meeting the requirements of the
CAA. However, wherever resources become a limiting factor in providing
such assistance, the Department will give priority to businesses which
meet the definition of small business stationary source under section
507(c)(1) of the CAA.
Final Action
In this action, EPA is approving the SIP revision implementing each
of the required PROGRAM elements required by section 507 of the CAA.
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, EPA is proposing to approve the SIP revision should
adverse or critical comments be filed. This action removes the January
15, 1993 finding of failure to make a submittal for the Small Business
Assistance Program. This action will be effective November 13, 1995
unless adverse or critical comments are received by October 12, 1995.
If the EPA receives such comments, this action will be withdrawn
before the effective date by simultaneously publishing a subsequent
notice 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 on November 13, 1995.
Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA
must prepare a regulatory flexibility analysis assessing the impact of
any proposed or final rule on small entities. 5 U.S.C. Secs. 603 and
604. Alternatively, 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.
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. The Office of Management and Budget exempted this action
under Executive Order 12866.
Under Sections 202, 203, and 205 of the Unfunded Mandates Reform
Act of 1995 (``Unfunded Mandates Act''), signed into law on March 22,
1995, EPA must undertake various actions in association with proposed
or final rules that include a Federal mandate that may result in
estimated costs of $100 million or more to the private sector, local,
or tribal governments in the aggregate.
Through submission of this state implementation plan or plan
revision, the State and any affected local or tribal governments have
elected to adopt the program provided for under Section 507 of the
Clean Air Act. These rules may bind State, local and tribal governments
to perform certain actions and also require the private sector to
perform certain duties. The rules being approved by this action will
impose no new requirements because all affected sources are already
subject to these requirements under State law. Accordingly, no
additional costs to State, local, or tribal governments, or to the
private sector, result from this action. EPA has also determined that
this final action does not include a mandate that may result in
estimated costs of $100 million or more to State, local, or tribal
governments in the aggregate or to the private sector.
Nothing in this action shall be construed as permitting or allowing
or establishing a precedent for any future request for a revision to
any SIP. Each request for revision to the SIP shall be considered
separately in light of specific technical, economic, and environmental
factors and in relation to relevant statutory and regulatory
requirements.
By today's action, EPA is approving a state program created for the
purpose of assisting small business stationary sources in complying
with existing statutory and regulatory requirements. The program being
approved does not impose any new regulatory burden on small business
stationary sources; it is a program under which small business
stationary sources may elect to take advantage of assistance provided
by the State. Therefore, because EPA's approval of this program does
not impose any new regulatory requirements on small businesses, I
certify that it does not have a significant 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. U.S. E.P.A., 427
U.S. 246, 256-66 (S.Ct. 1976); 42 U.S.C. 7410 (a)(2).
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 November 13, 1995. 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
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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, Intergovernmental relations, Small business assistance
program.
Note: Incorporation by reference of the State Implementation
Plan for the State of Maine was approved by the Director of the
Federal Register on July 1, 1982.
Dated: April 24, 1995.
John P. DeVillars,
Regional Administrator, Region I.
Part 52 of 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 U--Maine
2. Section 52.1020 is amended by adding paragraph (c)(38) to read
as follows:
Sec. 52.1020 Identification of plan.
* * * * *
(c) * * *
(38) Revisions to the State Implementation Plan establishing a
Small Business Stationary Source Technical and Environmental Compliance
Assistance Program were submitted by the Maine Department of
Environmental Protection on July 7, and August 16, 1994.
(i) Incorporation by reference.
(A) Letter from the Maine Department of Environmental Protection
dated July 7, 1994 submitting a revision to the Maine State
Implementation Plan.
(B) Revisions to the State Implementation Plan for the Small
Business Stationary Source Technical and Environmental Compliance
Assistance Program dated July 12, 1994 and effective on May 11, 1994.
(C) Letter from the Maine Department of Environmental Protection
dated August 16, 1994 submitting a corrected page to the July 12, 1994
SIP revision.
[FR Doc. 95-22152 Filed 9-11-95; 8:45 am]
BILLING CODE 6560-50-P
