[Federal Register Volume 59, Number 180 (Monday, September 19, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-23105]
[[Page Unknown]]
[Federal Register: September 19, 1994]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[ID 6-1-6300a; FRL-5056-5]
Approval and Promulgation of Small Business Assistance Program:
State of Idaho
AGENCY: Environmental Protection Agency.
ACTION: Direct final rule.
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SUMMARY: The Environmental Protection Agency (EPA) approves the State
Implementation Plan (SIP) revision submitted by the State of Idaho for
the purpose of establishing a Small Business Stationary Source
Technical and Environmental Compliance Assistance Program. The
implementation plan was submitted by the State to satisfy the Federal
mandate, found in section 507 of 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 final rule will be effective on November 18, 1994 unless
adverse or critical comments are received by October 19, 1994. If the
effective date is delayed, timely notice will be published in the
Federal Register.
ADDRESSES: Written comments should be addressed to: Montel Livingston,
SIP Manager, Air and Radiation Branch (AT-082), EPA, 1200 Sixth Avenue,
Seattle, WA, 98101.Documents which are incorporated by reference are
available for public inspection at the Air and Radiation Docket and
Information Center, 401 M Street, SW., Washington, DC 20460. Copies of
the State's submittal and EPA's technical support document are
available for inspection during normal business hours at the following
locations: EPA Region 10, 1200 Sixth Avenue, Seattle, WA 98101, and
Idaho Division of Environmental Quality, 1410 North Hilton, Boise, ID,
83706.
FOR FURTHER INFORMATION CONTACT: David J. Dellarco, Air and Radiation
Branch (AT-082), EPA, 1200 Sixth Avenue, Seattle, WA 98101, (206) 553-
4978.
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 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 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 January 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.
The State of Idaho has submitted a SIP revision to 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 to
determine and report on the overall effectiveness of the SBAP.
II. Analysis
1. Small Business Assistance Program
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. The State has met this requirement by first conducting
pilot programs to evaluate the best methods for organizing and
providing technical assistance to small businesses. In addition, the
State of Idaho plans to use both proactive and reactive elements to
provide information to small businesses. Proactive elements include
publications, news releases, public presentations, and outreach
performed by the Idaho Small Business Development Center, Idaho Small
Business Institute, and the States' five Regional Economic Development
and Planning Agencies. Reactive elements include a hotline to respond
to small business inquiries.
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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 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 through its plans to integrate the
States' pollution prevention and waste reduction programs' technical
assistance capabilities into its small business program. In addition,
Idaho will utilize the services of program staff to directly assist
small businesses in the areas of accidental release detection and
prevention.
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 providing assistance to small
businesses through the use of trained staff. The availability of
compliance assistance will be publicized and small business stationary
sources will be encouraged to seek assistance. Program staff will
identify alternative methods and technologies for compliance with each
specific regulation.
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 a policy to
provide as much notice of small business rights under the CAA as is
reasonable and practicable. Information on small business rights will
be included in information materials and other outreach activities.
Program staff will ensure that both small business rights and
obligations are provided to small business stationary sources in
advance of applicable regulations taking effect.
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 developing a program for qualified
auditors to provide small business stationary sources, upon request,
with an on-site determination of compliance with applicable air quality
regulations.
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 developing
standardized criteria and administrative procedures for considering
requests of the nature identified above, including provisions to ensure
that granting such requests will not effect the status of the
federally-approved SIP and is consistent with the applicable
requirements of the CAA.
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 appointing an Ombudsman, which Idaho calls
its Small Business Advocate.
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 State has met this requirement by establishing a
CAP, which Idaho calls its Small Business Assistance Advisory Board.
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 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 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 through its authorization of the Small Business
Assistance Advisory Board.
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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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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 Idaho 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. The State of Idaho 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 of Idaho 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
CAA.
III. This Action
In today's action, EPA approves the SIP revision submitted by the
State of Idaho. The State of Idaho has submitted a SIP revision
implementing each of the PROGRAM elements required by section 507 of
the CAA. At this time, the SBAP, the Ombudsman (Small Business
Advocate), and the CAP (Small Business Advisory Board) are all in place
and functioning. EPA is therefore approving this submittal.
IV. Administrative Review
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. 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.
SIP approvals under section 110 and subchapter I, part D of the CAA
do not create any new requirements, but simply approve requirements
that the State is already imposing. Therefore, because the Federal SIP-
approval does not impose any new requirements, I certify that it does
not have a significant impact on any small entities affected. Moreover,
due to the nature of the Federal-State relationship under the CAA,
preparation of a regulatory flexibility analysis would constitute
Federal inquiry into the economic reasonableness of state action. The
CAA forbids EPA to base its actions concerning SIPs on such grounds.
Union Electric Co. v. U.SE.P.A., 427 U.S. 246, 256-66 (S.Ct. 1976); 42
U.S.C. 7410(a)(2).
The EPA is publishing this action without prior proposal because
the Agency views this as a noncontroversial amendment and anticipates
no adverse comments. However, in a separate document in this Federal
Register publication, the EPA is proposing to approve the SIP revision
should adverse or critical comments be filed. This action will be
effective November 18, 1994 unless, by October 19, 1994, adverse or
critical comments are received.
If the EPA receives such comments, this action will be withdrawn
before the effective date by publishing a subsequent document that will
withdraw the final action. All public comments received will 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 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.
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 OMB 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 November 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), 42 U.S.C.
7607(b)(2)).
List of Subjects in 40 CFR Part 52
Air pollution control, Incorporation by reference, Small business
assistance program.
Note: Incorporation by reference of the Implementation Plan for
the State of Idaho was approved by the Director of the Office of
Federal Register on July 1, 1982.
Dated: August 15, 1994.
Jane S. Moore,
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 N--Idaho
2. Section 52.670 is amended by adding paragraph (c) (30) to read
as follows:
Sec. 52.670 Identification of plan.
* * * * *
(c) * * *
(30) On January 7, 1994, the Administrator for the Idaho Department
of Health and Welfare, Division of Environmental Quality, submitted the
State PROGRAM as a revision to the Idaho SIP.
(i) Incorporation by reference.
(A) The January 3, 1994 letter from the Administrator of the Idaho
Department of Health and Welfare, Division of Environmental Quality,
submitting the PROGRAM to EPA.
(B) The State Implementation Plan Revision to Establish a State
Small Business Stationary Source Technical and Environmental Compliance
Assistance Program (which includes the text of Idaho Code 39-118E,
Small Business Assistance, signed into law Senate bill 1236 by Idaho
Governor, Cecil D. Andrus, on March 29, 1993), dated December 29, 1993,
and adopted on January 3, 1994.
[FR Doc. 94-23105 Filed 9-16-94; 8:45 am]
BILLING CODE 6560-50-F
