[Federal Register Volume 59, Number 7 (Tuesday, January 11, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-661]


[[Page Unknown]]

[Federal Register: January 11, 1994]


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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52

[ND4-1-5670, UT8-1-5842; FRL-4823-9]

 

Clean Air Act Approval and Promulgation of Title V, Section 507, 
Small Business Stationary Source Technical and Environmental Compliance 
Assistance Programs for the States of North Dakota and Utah

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rulemaking.

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SUMMARY: On August 25, 1993 EPA published the notices of proposed 
rulemaking to approve the State Implementation Plan (SIP) revisions 
submitted by the States of North Dakota and Utah for the purpose of 
establishing a Small Business Stationary Source Technical and 
Environmental Compliance Assistance Program (PROGRAM) in each State. 
The implementation plans were submitted by the States 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 was set forth in the proposals. No comments 
were received pursuant to these proposed actions. Therefore, EPA is 
proceeding with its approval of the revisions to the North Dakota and 
Utah SIPs for establishing a PROGRAM in each State.

EFFECTIVE DATE: This rule will become effective on February 10, 1994.

ADDRESSES: Copies of the documents relevant to this action are 
available for public inspection during normal business hours at: Air 
Programs Branch, Environmental Protection Agency, Region VIII 999 18th 
Street, Suite 500, Denver, Colorado 80202-2405.

FOR FURTHER INFORMATION CONTACT: Laura Farris, Mail Code-8ART-AP, USEPA 
Region VIII, 999 18th Street, Suite 500, Denver, Colorado 80202-2405, 
(303) 294-7539.

SUPPLEMENTARY INFORMATION:

I. Background of Revisions

    Implementation of the provisions of the Clean Air Act (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 
the Environmental Protection Agency (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.
    The States of North Dakota and Utah submitted SIP revisions to EPA 
in order to satisfy the requirements of section 507 of the CAA. In 
order to gain full approval, the State's submittals 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 
required by section 507(a);
    (2) The establishment of a State Small Business Ombudsman to 
represent the interests of small businesses in the regulatory process 
which is required by section 507(a)(3); and
    (3) The creation of a Compliance Advisory Panel (CAP) to determine 
and report on the overall effectiveness of the SBAP required by section 
507(e).

II. Summary of Submittals

    The State of North Dakota has met all of the requirements of 
section 507 of the CAA by submitting a SIP revision that implements all 
required PROGRAM elements. N.D.C.C. sections 23-25-02 and 23-25-03 
grants the Department the authority to undertake the elements of the 
PROGRAM. The Governor, through Executive Order 1992-5, established the 
Small Business Compliance Advisory Panel. The North Dakota State 
Department of Health and Consolidated Laboratories (the Department) 
formally adopted the SIP revision on October 23, 1992, which identifies 
a plan to implement the PROGRAM. This SIP revision is being added to 
the North Dakota SIP as section 12. The North Dakota PROGRAM was 
submitted to EPA by the Governor of North Dakota on November 2, 1992, 
and was initially reviewed for administrative and technical 
completeness. In a letter dated December 15, 1992, EPA requested 
additional information from the State in order to make a positive 
determination on the submittal. After receiving the additional 
information on January 18, 1993, EPA notified the State in a letter 
dated February 2, 1993, that the submittal was administratively and 
technically complete. The submittal then underwent review by EPA 
headquarters, and received a concurrence from all reviewers.
    The State has met the first PROGRAM element by committing in its 
SIP revision section 12.5 to meet the six requirements set forth in 
section 507(a)(3) for the Small Business Assistance Program. The State 
has met the second PROGRAM element by locating the position of the 
Small Business Ombudsman in the Office of the Chief of the 
Environmental Health Section effective April 6, 1992, as stated in its 
SIP revision section 12.3. The State has met the third PROGRAM element 
through Executive Order 1992-5 dated May 21, 1992, issued by the 
Governor of North Dakota, which established a Small Business Compliance 
Advisory Panel in the State of North Dakota, and by outlining in its 
SIP revision section 12.4 the functions of the CAP and how the members 
will be determined, which is consistent with section 507(e). 
Additionally, the State of North Dakota 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 
contained in section 12.2 of the State's SIP revision.
    The State of Utah has met all of the requirements of section 507 by 
submitting a SIP revision that implements all required PROGRAM 
elements. Section 19-2-109.2 of the Utah Code Annotated, 1953, as 
amended authorizes the Utah Air Quality Board to establish a SBAP, and 
create a Compliance Advisory Panel. A new section 17, which is a plan 
for implementation of the SBAP, will be added to the Utah SIP. R307-2 
of the Utah Air Conservation Rules incorporates this SIP revision by 
reference. The Utah PROGRAM was submitted to EPA by the Governor of 
Utah on November 9, 1992, with supplemental information sent on 
November 5, 1992, and January 11, 1993. EPA notified the State in a 
letter dated December 30, 1992, that the submittal was administratively 
and technically complete. The submittal then underwent review by EPA 
headquarters, and received a concurrence from all reviewers.
    The State of Utah has met the first PROGRAM element by committing 
in section 17.3 of its regulations to meet the six requirements set 
forth in section 507(a)(3) of the CAA for the Small Business Assistance 
Program. The State of Utah has met the second PROGRAM element by 
locating the Office of the Small Business Ombudsman in the Department 
of Environmental Quality, Office of the Executive Director, as stated 
in section 17.5.1 of its regulations. The State of Utah has met the 
third PROGRAM element by outlining in sections 17.4.1 and 2 of its 
regulations the functions of the CAP and how the members will be 
determined, which is consistent with section 507(e) of the CAA. 
Additionally, the State of Utah 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 
contained in section 17.2 of the State's regulations.

III. Final Action

    EPA is approving the SIP revisions submitted by the States of North 
Dakota and Utah. The revisions were made to satisfy the requirements of 
section 507 of the CAA.
    This action has been classified as a Table 3 action by the Acting 
Regional Administrator under the procedures published in the Federal 
Register on January 19, 1989 (54 FR 2214-2225). 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. The USEPA has submitted a 
request for a permanent waiver for Table 2 and Table 3 SIP revisions. 
The OMB has agreed to continue the temporary waiver until such time as 
it rules on USEPA's request. This request continues in effect under 
Executive Order 12866 which superseded Executive Order 12291 on 
September 30, 1993.
    Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., 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.
    By this action, EPA is approving two State programs created for the 
purpose of assisting small businesses in complying with existing 
statutory and regulatory requirements. These programs do not impose any 
new regulatory burdens on small businesses; they are programs under 
which small businesses may elect to take advantage of assistance 
provided by the States. 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.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control.

    Dated: December 28, 1993.
Jack W. McGraw,
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 JJ--North Dakota

    2. Section 52.1833 is added to subpart JJ to read as follows:


Sec. 52.1833  Small business assistance program.

    The Governor of North Dakota submitted on November 2, 1992 a plan 
to develop and implement a Small Business 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 EPA on the program's 
effectiveness.

Subpart TT--Utah

    3. Section 52.2348 is added to subpart TT to read as follows:


Sec. 52.2348  Small business assistance program.

    The Governor of Utah submitted on November 9, 1992 a plan to 
develop and implement a Small Business 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 EPA on the program's effectiveness.
[FR Doc. 94-661 Filed 1-10-94; 8:45 am]
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