[Federal Register Volume 59, Number 80 (Tuesday, April 26, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-9941]


[[Page Unknown]]

[Federal Register: April 26, 1994]


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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52

[FL-53-6410; FRL-4877-4]

 

Approval and Promulgation of Implementation Plans; Florida; Title 
V, Section 507, 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 revisions to the State 
Implementation Plan (SIP) submitted by the State of Florida through the 
Florida Department of Environmental Protection (FDEP) 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 FDEP on February 24, 1993, to satisfy the federal mandate, 
found in section 507 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: To be considered, comments must be received by May 26, 1994.

ADDRESSES: Comments may be mailed to Mr. Carlton R. Layne at the EPA 
Region IV address listed below. Copies of the material submitted by 
FDEP may be examined during normal business hours at the following 
locations:

Environmental Protection Agency, Region IV Air Programs Branch, 345 
Courtland Street, Atlanta, Georgia 30365.
Air Resources Management Division, Florida Department of Environmental 
Protection, Twin Towers Office Building, 2600 Blair Stone Road, 
Tallahassee, Florida 32399-2400.

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 Title V 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.
    FDEP has met the following requirements of section 507 of Title V 
of the CAA by submitting a SIP revision that implements the following 
required PROGRAM elements and implementation schedules. The PROGRAM 
will be fully implemented by November 15, 1994.

1. Small Business Assistance Program

    FDEP has established a Small Business Section (SBS) which will 
incorporate the following six requirements set forth in section 507 of 
title V 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.

2. Ombudsman

    FDEP has appointed a Small Business Ombudsman and established a 
Small Business Ombudsman's office which will act as the small business 
community's representative as required by section 507(a)(3) of Title V 
of the CAA.

3. Compliance Advisory Panel

    FDEP established a Small Business Air Pollution Compliance Advisory 
Council (SBAP CAP) effective on July 7, 1993, to meet the required 
November 1994 deadline of section 507(e) of Title V of the CAA. The 
SBAP CAP is composed of seven members as follows:

    * * * 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 SBAP CAP has the following four 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 Act1;
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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 business 
stationary sources is easily understandable; and
    (4) To develop and disseminate the reports and advisory opinions 
made through the SBAP.

4. Eligibility

    FDEP has incorporated section 507(c)(1) and defined a Small 
Business Stationary Source as a source that:
    (A) Operates in Florida
    (B) Is owned or operated by a person who employs 100 or fewer 
individuals,
    (C) Is a small business concern as defined in the Small Business 
Act;
    (D) Is not a major stationary source;
    (E) Does not emit 50 tons per year (tpy) or more of any regulated 
pollutant; and
    (F) Emits less than 75 tpy of all regulated pollutants.
    FDEP 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;
    (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;
    (3) A process 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 FDEP determines to have sufficient technical and 
financial capabilities to meet the requirements of the CAA.

Proposed Action

    In this action, EPA is proposing to approve the PROGRAM SIP 
revision submitted by the State of Florida through the FDEP. The public 
should be advised that, to be considered, comments must be received by 
May 26, 1994.
    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 Air 
and Radiation. A future document 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 US 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.
    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.S. E.P.A., 427 U.S. 246, 256-66 (S.Ct. 1976); 
42 U.S.C. 7410(a)(2).
    By today's action, EPA is proposing to approve a PROGRAM created 
for the purpose of assisting small businesses in complying with 
existing statutory and regulatory requirements. The program 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 proposed 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, Incorporation by 
reference, Intergovernmental relations, Small business stationary 
source technical and environmental assistance program.


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

    Dated: April 14, 1994.
John H. Hankinson, Jr.,
Regional Administrator.
[FR Doc. 94-9941 Filed 4-22-94; 11:23 am]
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