[Federal Register Volume 59, Number 53 (Friday, March 18, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-6020]


[[Page Unknown]]

[Federal Register: March 18, 1994]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[MS18-1-5924; FRL-4848-6]

 

Approval and Promulgation of Implementation Plans Mississippi: 
Title V, Section 507, Small Business Stationary Source Technical and 
Environmental Compliance Assistance Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is approving revisions to the State Implementation Plan 
(SIP) submitted by the State of Mississippi through the Mississippi 
Department of Environmental Quality (MDEQ) for the purpose of 
establishing a Small Business Stationary Source Technical and 
Environmental Compliance Assistance Program (PROGRAM), which will be 
fully implemented by November 1994. This implementation plan was 
submitted by MDEQ on November 19, 1992, to satisfy the Federal mandate 
of the Clean Air Act as amended in 1990 (CAA), to ensure that small 
businesses have access to the technical assistance and regulatory 
information necessary to comply with the CAA.
DATES: This final rule is effective May 17, 1994, unless notice is 
received by April 18, 1994, that someone wishes to submit adverse or 
critical comments. If the effective date is delayed, timely notice will 
be published in the Federal Register.

ADDRESSES: Comments may be mailed to Mr. Carlton R. Layne at the EPA 
Region IV address listed. Copies of the material submitted by MDEQ may 
be examined during normal business hours at the following locations:
    Air and Radiation Docket and Information Center (Air Docket 6102), 
U.S. Environmental Protection Agency, 401 M Street, SW., Washington DC 
20460.
    Environmental Protection Agency, Region IV Air Programs Branch,345 
Courtland Street, Atlanta, Georgia 30365.
    Air Quality Division, Mississippi Department of Environmental 
Quality, 2380 Highway 80 West, Jackson, Mississippi 39289.

FOR FURTHER INFORMATION CONTACT: Mr. Carlton R. Layne of the EPA Region 
IV Air Programs Branch at 404-347-2864 or at the above address.

SUPPLEMENTARY INFORMATION: Implementation of the CAA will require small 
businesses to comply with specific regulations in order for areas to 
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 PROGRAM, and submit this PROGRAM as a revision to the federally 
approved SIP. In addition, the CAA directs the EPA to oversee the small 
business assistance program and report to Congress on their 
implementation. The requirements for establishing a PROGRAM are set out 
in section 507 of the CAA and the EPA guidance document Guidelines for 
the Implementation of section 507 of the 1990 Clean Air Act Amendments. 
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.
    MDEQ has met or will meet all of the following requirements of 
section 507 of the CAA by submitting a SIP revision that implements the 
following required PROGRAM elements and implementation schedules.
12/31/92 Reviewed legal authority and draft legislation.
05/30/93 Passage of all needed legislation accomplished.
09/15/93 Selection of Small Business Ombudsman and SBAP Manager-A 
person has been named to serve in an acting capacity for both 
positions pending authorization of funding by the State legislature. 
Funding is expected to be in place by 07/01/94, and positions will 
be filled as soon as possible following that date.
07/31/94 Organization of Compliance Advisory Panel-The CAP has been 
appointed and organized and held meetings on 10/28/93 and 01/20/94.
11/15/94 Full Implementation of PROGRAM.

EPA concurs with the above listed implementation schedule.

1. Small Business Assistance Program

    MDEQ has named an Acting Small Business Assistance Program Manager 
and established a Small Business Assistance Program (SBAP) which will 
incorporate the following six requirements set forth in section 507 of 
the CAA:

    A. The establishment of 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 comply with the CAA;
    B. The establishment of 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;
    C. The development of a compliance and technical assistance program 
for small business stationary sources which assists small businesses in 
determining applicable permit requirements under the CAA in a timely 
and efficient manner;
    D. The development of adequate mechanisms to assure that small 
business stationary sources receive notice of their rights under the 
CAA 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;
    E. The development of 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; and
    F. The development of 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.
    It is anticipated these goals will be achieved by the proposed 
implementation date.

2. Ombudsman

    MDEQ has appointed an Acting Small Business Ombudsman and 
established a Small Business Ombudsman's office which reports directly 
to the head of the Office of Pollution Control and also which will act 
as the small business community's representative as required by section 
507(a)(3) of the CAA. A fully operational ombudsman's office is 
expected to be in place by the proposed implementation date.

3. Compliance Advisory Panel

    In accordance with the State statute dated April 4, 1993, MDEQ 
established a Small Business Air Pollution Compliance Advisory Council 
(SBAP CAP) to meet the requirements section 507(e) of the CAA. As 
described in a January 20, 1994, letter from the Department of 
Environmental Quality, Mississippi does not have majority and minority 
leaderships in its Senate and House of Representatives. To reflect 
political realities within the State of Mississippi, the SBAP CAP is 
composed of seven members appointed as follows:

    A. One member representing the Air Pollution Control Program of the 
Department of Environmental Quality;
    B. Two members who are not owners or representatives of owners of 
small businesses, appointed by the Governor;
    C. Two members who each shall be the owner or representative of 
owners of small businesses, appointed by the Speaker of the House of 
Representatives; and
    D. Two members who each shall be the owner or representative of 
owners of small businesses, appointed by the Lieutenant Governor (who 
presides over the Senate).
    The SBAP CAP has the following three responsibilities: (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 Act3; and 
(3) to review and assure that information for small business stationary 
sources is easily understandable.
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    \3\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

    MDEQ has incorporated section 507(c)(1) and defined a Small 
Business Stationary Source as a 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, 13 CFR Part 121;
    (C) Is not a major stationary source as defined in titles I and III 
of the CAA;
    (D) Does not emit 50 tons or more per year of any regulated air 
pollutant; and
    (E) Emits less than 75 tons per year of all regulated air 
pollutants.
    MDEQ has established the following mechanisms as required by 
section 507: (1) A process 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; and (2) A process 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.

Final Action

    In this action, EPA is approving the PROGRAM SIP revision submitted 
by the State of Mississippi through the MDEQ. This action is being 
taken without prior proposal because the changes are noncontroversial 
and EPA anticipates no significant comments on them. The public should 
be advised that this action will be effective May 17, 1994. However, if 
notice is received by April 18, 1994, that someone wishes to submit 
adverse or critical comments, this action will be withdrawn and two 
subsequent documents will be published before the effective date. One 
document will withdraw the final action and another will begin a new 
rulemaking by announcing a proposal of the action and establishing a 
comment period.
    Under section 307(b)(1) of the CAA, 42 U.S.C. 7607 (b)(1), 
petitions for judicial review of this action must be filed in the 
United States Court of Appeals for the appropriate circuit by May 17, 
1994. Filing a petition for reconsideration by the Administrator of 
this final rule does not affect the finality of this rule for 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) of the CAA, 42 U.S.C. 7607 (b)(2).)
    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 Shapiro, Acting Assistant Administrator for 
Office of 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 Table 3 SIP revisions (54 FR 2222) 
from the requirements of section 3 of Executive Order 12291 for two 
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 
temporary 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.
    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.
    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 a State program created for the 
purpose of assisting small businesses in complying with existing 
statutory and regulatory requirements. The program being proposed for 
approval today 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 therefore certify 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, Incorporation by 
reference, Intergovernmental relations, Small business stationary 
source technical and environmental assistance program.

    Dated: March 4, 1994.
Donald J. Guinyard,
Acting Regional Administrator.

    Part 52 of chapter I, title 40, 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 Z--Mississippi

    2. Section 52.1270 is amended by adding paragraph (c) (23) to read 
as follows:


Sec. 52.1270  Identification of plan.

* * * * *
    (c) * * *
    (23) The Mississippi Department of Environmental Quality has 
submitted revisions to chapter 15 of the Mississippi Statute on 
November 19, 1992. These revision address the requirements of section 
507 of title V of the CAA and establish the Small Business Stationary 
Source Technical and Environmental Assistance Program (PROGRAM).
    (i) Incorporation by reference.
    (A) Mississippi SIP chapter 15 effective December 19, 1992.
    (ii) Additional information.
    (A) January 20, 1994, letter of clarification regarding the 
appointment of the CAP.
[FR Doc. 94-6020 Filed 3-17-94; 8:45 am]
BILLING CODE 6560-50-F