[Federal Register Volume 59, Number 8 (Wednesday, January 12, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-759]
[[Page Unknown]]
[Federal Register: January 12, 1994]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[DE15-1-6000; A-1-FRL-4825-6]
Approval and Promulgation of Air Quality Implementation Plans;
Delaware-Small Business Stationary Source Technical and Environmental
Compliance Assistance Program
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: EPA is proposing to approve a State Implementation Plan (SIP)
revision submitted by the State of Delaware for the purpose of
establishing a Small Business Stationary Source Technical and
Environmental Compliance Assistance Program (SBTCP). This SIP revision
was submitted by Delaware to satisfy the Federal mandate 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 rational for approving is set forth in this notice;
additional information is available at the address indicated below.
This action is being taken in accordance with the provisions of the
Clean Air Act.
DATES: Comments must be received on or before February 11, 1994.
ADDRESSES: Comments may be mailed to Thomas J. Maslany, Director, Air,
Radiation, and Toxics Division, U.S. Environmental Protection Agency,
Region III, 841 Chestnut Building, Philadelphia, PA 19107. Copies of
the documents relevant to this action are available for public
inspection during normal business hours at the Air, Radiation, and
Toxics Division, U.S. Environmental Protection Agency, Region III, 841
Chestnut Building, Philadelphia, PA 19107; Jerry Kurtzweg (ANR-443),
U.S. Environmental Protection Agency, 401 M Street, SW., Washington, DC
20460; and Delaware Department of Natural Resources and Environmental
Control, P.O. Box 1401, Dover Delaware 19903.
FOR FURTHER INFORMATION CONTACT: Lisa M. Donahue, (215) 597-9781.
SUPPLEMENTARY INFORMATION:
I. Background
Implementation of the provisions the CAA 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, 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.
On January 11, 1993, the State of Delaware submitted a formal
revision to its SIP. The SIP revision consists of a plan for
establishing an SBTCP. 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 (CAP) to determine and report
on the overall effectiveness of the SBAP. The plan must also determine
the eligibility of small business stationary sources for assistance in
the program. The plan includes the duties, funding, and schedule of
implementation for the three program components.
Delaware Department of Natural Resources and Environmental Control
(DE DNREC) is authorized to create and administer the SBTCP. Delaware
DNREC can create and administer the SBAP, and create the Office of the
Ombudsman. Through an executive order, the Governor of the State of
Delaware will establish the Compliance Advisory Panel.
II. Summary and Analysis of SIP Revision
Section 507(a) of the CAA sets forth seven requirements that
Delaware must meet to have an approvable SBAP. Three requirements will
be discussed in the first section, and the remaining four requirements,
including the establishment of an Ombudsman, in the second section.
1. Small Business Assistance Program
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 CAA. Delaware
has met this requirement by establishing a SBAP, with the
responsibility of serving as a clearinghouse for information related to
compliance methods and control technologies.
Small businesses will be referred to state technical experts
specifically trained to handle questions relevant to achieving
compliance with the CAA. The SBAP will be coordinated through the Air
Quality Management Section and will respond to inquiries from small
businesses received through the ombudsman's toll-free hotline.
Information workshops, industry-specific compliance publications, and
roundtable groups are examples of planned outreach activities. A list
of potentially affected parties will be developed in conjunction with
the State of Delaware Department of Labor.
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.
Delaware DNREC established a Pollution Prevention Program in 1990 which
provides education, technical assistance, and financial incentives to
improve environmental quality. Small businesses have access to
Delaware's Waste Minimization/Pollution Prevention Information
Clearinghouse. In addition to distributing pollution prevention guides,
DE DNREC has established a Pollution Prevention Industry Roundtable to
facilitate technology transfer between large and small businesses.
To address accidental release detection and prevention, the Air
Quality Management Section has been administering Delaware's
``Regulation for the Management of Extremely Hazardous Substances''
through the Industrial Disaster Prevention Group (IDPG). Facility
visits and compliance discussions are a part of this program, as is the
distribution of generic procedures to assist with compliance with the
regulation.
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 CAA in a timely and efficient manner.
Delaware has met this requirement through the Engineering and
Compliance Branch (ECB) of the Air Quality Management Section. The ECB
will identify applicable rules, determine whether a permit is needed,
identify compliance alternatives, and explain the fees, application
process, violations, and appeals, as needed.
2. Ombudsman Office
The fourth requirement of section 507(a)(3) is the designation of a
state office to serve as the Ombudsman for small business stationary
sources. Delaware's Secretary of DE DNREC is authorized to create the
ombudsman's office within DNREC. The ombudsman will be appointed by the
Secretary of DE DNREC and will report directly to him or her. The
Delaware Office of the Ombudsman (Delaware Ombudsman) will be
independent of the Division of Air and Waste Management and the Air
Quality Management Section.
The fifth 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 CAA. The Delaware Ombudsman will ensure that small businesses
receive notice of their rights in sufficient time to evaluate
compliance. Information delineating legal rights will be disseminated
with the technical and compliance information by the SBAP. In addition,
field inspectors will be trained to properly inform small businesses of
their rights during site visits.
The sixth requirement of CAA section 507(a) is to develop adequate
mechanisms for informing small business stationary sources of their
obligations under the CAA, 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 CAA. The Delaware Ombudsman will develop procedures
for referring sources to qualified auditors. A list of qualified
environmental consulting firms who could conduct audits will be
provided by the Delaware Ombudsman to small businesses. The Delaware
Ombudsman, ECB, IDPG and Pollution Prevention Program may elect to
provide qualified auditors, if available.
The seventh requirement of CAA section 507(a) 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 practices or compliance methods. Delaware's
Office of the Ombudsman will receive written requests from a small
businesses for modification of work practices.
3. Compliance Advisory Panel
Section 507(e) of the CAA requires Delaware 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. Members of the Delaware CAP will be selected in the
following manner for the first term, after which all will serve four
year terms: (1) The majority leader of the Senate shall appoint one
member for 4 years; (2) the minority leader of the Senate shall appoint
one member for 2 years; (3) the majority leader of the House of
Representatives will appoint one member for three years; (4) the
minority leader of the House of Representatives shall appoint one
member for one year; (5) the Governor will select two members for four
years; and (6) the Air Quality Management Program Administrator will
select one member for four years. The makeup of Delaware's CAP is
prescribed as is required by section 507(e).
The Delaware CAP will meet at least once per quarter. Any member
absent from three consecutive meetings will be replaced. Administrative
and logistical support for the Delaware CAP will be funded through the
Delaware Ombudsman's office. The Delaware Ombudsman will also serve a
Secretariat for the development and dissemination of CAP reports.
In addition to establishing the minimum membership of the CAP the
CAA delineates four responsibilities of the Panel: (A) to render
advisory opinions concerning the effectiveness of the SBAP,
difficulties encountered and the degree and severity of enforcement
actions; (B) to review and assure that information for small business
stationary sources is easily understandable; (C) to develop and
disseminate the reports and advisory opinions made through the SBAP;
and (D) 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. (Section 507(e)(1)(B)
requires the CAP to report on the compliance of the SBAP with these
three 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.) The duties and
responsibilities described in Delaware's submittal indicate that the
Delaware CAP will be responsible for all four of the activities listed
above, except that the Delaware Ombudsman will disseminate reports.
4. Source 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.
Delaware's submittal duplicates the language of CAA section 507(c)(1)
in defining eligible stationary sources. It also provides for the
state, after consultation with the Administrator and the Administrator
of the Small Business Administration and notice and opportunity for
public comment, to include or exclude a category or subcategory of
sources.
III. Summary of SIP Revision
Delaware has submitted a SIP revision requiring implementation of
each of the program elements required by CAA section 507. As previously
stated, the authority to implement the SBAP has been delegated to the
Department of Natural Resources and Environmental Control, Air Quality
Management Section. Program implementation will begin no later than
January 1, 1994. The Secretary of DE DNREC will appoint the Ombudsman
by July 1, 1993 and hire the staff dedicated to implementing the
program. An Executive Order establishing the Compliance Advisory Panel
will be executed by the Governor of the State of Delaware by March 1,
1993. In this action, EPA is approving the SIP revision submittal by
the State of Delaware. Accordingly, Sec. 52.460 is added to 40 CFR part
52, subpart I-Delaware to reflect EPA's approval action and the fact
that it is considered part of the Delaware's SIP.
EPA is proposing to approve the Delaware SIP revision for
establishing a Small Business Stationary Source Technical and
Environemental Compliance Assistance Program, which was submitted on
January 11, 1993. EPA is soliciting public comments on the issues
discussed in this notice or on other relevant matters. These comments
will be considered before taking final action. Interested parties may
participate in the Federal rulemaking procedure by submitting written
comments to the EPA Regional office listed in the Addresses section of
this document.
Proposed Action
EPA is proposing to approve Delaware's plan for the establishment
of a Small Business Stationary Source Technical and Environmental
Compliance Assistance Program.
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., 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.
In this action, 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 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 asignificant economic
impact on any small entities affected.
This action has been classified as a Table 2 action for signature
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
Assistance Administrator for Air and Radiation. On January 6, 1989, the
Office of Management and Budget (OMB) waived Table 2 and Table 3 SIP
revisions from the requirements of section 3 of Executive Order 12291
for a period of two years. EPA has submitted a request for a permanent
waiver for Table 2 and 3 SIP revisions. OMB has agreed to continue the
waiver until such time as it rules on EPA's request. This request is
still applicable under Executive Order 12866, which superseded
Executive Order 12291 on September 30, 1993.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Small business
assistance program.
Authority: 42 U.S.C. 7401-7671q.
Dated: October 22, 1993.
W.T. Wisniewski,
Acting Regional Administrator, Region III.
[FR Doc. 94-759 Filed 1-11-94; 8:45 am]
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