[Federal Register Volume 59, Number 43 (Friday, March 4, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-4991]


[[Page Unknown]]

[Federal Register: March 4, 1994]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[MT14-1-5669; FRL-4843-9]

 

Clean Air Act Approval and Promulgation of Title V, Section 507, 
Small Business Stationary Source Technical and Environmental Compliance 
Assistance Program for the State of Montana

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rulemaking.

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SUMMARY: The EPA is approving the State Implementation Plan revision 
submitted by the Governor of Montana on October 19, 1992 for the 
purpose of establishing a Small Business Stationary Source Technical 
and Environmental Compliance Assistance Program to satisfy the Federal 
mandate of the Clean Air Act to ensure that small businesses have 
access to the technical assistance and regulatory information necessary 
to comply with the Act. Since this is a voluntary program that does not 
impose any new regulatory burdens on small businesses, the EPA is 
proceeding with a direct final approval of this SIP revision. The 
rationale for this approval follows.

EFFECTIVE DATE: This rule will become effective on April 4, 1994.

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

SUPPLEMENTARY INFORMATION:

I. Background of Revision

    Implementation of the provisions of the Clean Air Act (Act), 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 Act 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 State Implementation Plan (SIP). In 
addition, the Act 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 Act. 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 Montana has 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 
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.

II. Summary of Submittal

    The State of Montana has met all of the requirements of section 507 
by submitting a SIP revision that implements all required PROGRAM 
elements. House Bill (HB) 318 signed into law on April 23, 1993, 
provides authority for the Montana Department of Health and 
Environmental Sciences to establish a PROGRAM. The Montana Board of 
Health and Environmental Sciences held a public hearing on September 
25, 1992 to consider and approve the PROGRAM, which will amend the 
Montana SIP to add Chapter 10 of Volume I. The Montana PROGRAM was 
submitted to the EPA by the Governor of Montana on October 19, 1992 as 
an addition to the Montana SIP. It was initially reviewed for 
administrative and technical completeness, and was deemed complete on 
April 19, 1993. The submittal was then reviewed for approveability by 
EPA Region VIII and EPA headquarters. One of the EPA headquarters 
reviewers, the Office of the Small Business and Asbestos Ombudsman 
(OSBO) did not concur on the Montana PROGRAM for the following reasons: 
(1) Insufficient designation of Small Business Ombudsman position in 
the Montana Department of Commerce (DOC) to make an effective decision; 
(2) No designated role for the SBAP to act as secretariat to the CAP 
and Ombudsman; (3) Manpower resources appear inadequate to support the 
SBAP, and there are no quantitative or qualitative or other support for 
the SBAP from the DOC or others; and (4) It is advantageous for the 
Ombudsman and the SBAP to both have a toll-free hotline to serve the 
public. The State addressed these issues in a letter dated January 3, 
1994, and subsequently received the concurrence of the OSBO.

A. Small Business Assistance Program

    The State has met the first PROGRAM element, the establishment of a 
SBAP to provide technical and compliance assistance to small 
businesses, by committing in its SIP revision Chapter 10.2.3 to 
establish a SBAP in the Montana Department of Health and Environmental 
Sciences, Air Quality Bureau. It will be administered by an 
environmental specialist. Chapter 10.2.3 describes the details of the 
SBAP, which meet the six requirements set forth in section 507(a), 
including such activities as: (1) ``Provide information to small 
business stationary sources on compliance methods and technologies;'' 
(2) ``Provide information to small business stationary sources on ... 
pollution prevention and accidental release detection and prevention;'' 
(3) ``Assist small business stationary sources in determining 
applicable requirements under this chapter and in receiving permits in 
a timely and efficient manner;'' (4) ``Provide small business 
stationary sources timely notice of both their rights and obligations 
under this chapter;'' (5) ``Provide information ... regarding the 
availability of audits services which are useful for determining 
compliance status with the requirements of this chapter;'' and (6) 
Consider `` ... requests from small business stationary sources for 
modifications of work practices or technological methods of 
compliance.''

B. Ombudsman

    The State has met the second PROGRAM element, the establishment of 
a State Small Business Ombudsman to represent the interests of small 
businesses in the regulatory process, by locating the office of the 
Ombudsman in the Montana DOC as stated in Chapter 10.2.2 of its SIP 
revision.

C. Compliance Advisory Panel

    The third PROGRAM element is the creation of a CAP to determine and 
report on the overall effectiveness of the SBAP. The CAP 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 Act also 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\1\;
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    \1\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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    (3) To review and assure that information for small businesses is 
easily understandable; and
    (4) To develop and disseminate the reports and advisory opinions 
made through the SBAP.
    The State has met these requirements by committing in Chapter 
10.2.4 of its SIP revision to appoint the members of the CAP as stated 
above, and to designate to the CAP the four responsibilities listed in 
the Act.

D. Eligibility

    Section 507(c)(1) of the Act 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 Montana 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 Act. This mechanism is contained in the 
State's Title V enabling legislation, HB 318, Section 1, which is 
Chapter 10.2.1 of the State's SIP revision.
    The State of Montana 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 Act but do not emit more 
than 100 tpy of all pollutants. This provision is contained in Chapter 
10.2.1 of the State's SIP revision.
    The State of Montana 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 
Act. This provision in contained in Chapter 10.2.1 of the State's SIP 
revision.

III. Final Action

    In this action, the EPA is approving the SIP revision submitted by 
the State of Montana. This SIP revision implements each of the PROGRAM 
elements required by section 507 of the Act. Chapter 10.3 of the 
revision contains a schedule for implementation of the PROGRAM by 
November 15, 1994. The EPA is therefore approving this submittal.
    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 notice will inform the general public of 
these tables. On January 6, 1989, the Office of Management and Budget 
(OMB) waived Table 2 and 3 SIP revisions from the requirements of 
section 3 of Executive Order 12291 for 2 years. The EPA has submitted a 
request for a permanent waiver for Table 2 and Table 3 SIP revisions. 
The OMB has agreed to continue the waiver until such time as it rules 
on EPA'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., 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 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. 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 Subject in 40 CFR Part 52

    Environmental protection, Air pollution control, Small business 
assistance program.

    Dated: February 16, 1994.
Robert L. Duprey,
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 asfollows:

    Authority: 42 U.S.C. 7401-7671q.

Subpart BB--Montana

    2. Section 52.1389 is added to subpart BB to read as follows:


Sec. 52.1389  Small business stationary source technical and 
environmental compliance assistance program.

    The Governor of Montana submitted on October 19, 1992 a plan 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. 94-4991 Filed 3-3-94; 8:45 am]
BILLING CODE 6560-50-F