[Federal Register Volume 59, Number 94 (Tuesday, May 17, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-11987]


[[Page Unknown]]

[Federal Register: May 17, 1994]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[DE15-1-6432; FRL-4885-5]

 

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: Final rule.

-----------------------------------------------------------------------

SUMMARY: EPA is approving a State Implementation Plan (SIP) revision 
submitted by the State of Delaware for the purpose of establishing the 
Delaware Small Business Stationary Source Technical and Environmental 
Compliance Assistance Program (SBTCP). The intended effect of this 
action is to approve of a program which ensures that small businesses 
have access to the technical assistance and regulatory information 
necessary to comply with the CAA. This action is being taken under 
section 110 of the Clean Air Act.

EFFECTIVE DATE: This rule will become effective on June 16, 1994.

ADDRESSES: 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, Pennsylvania 
19107; and Delaware Department of Natural Resources & Environmental 
Control, 89 Kings Highway, P.O. Box 1401, Dover, Delaware 19903.

FOR FURTHER INFORMATION CONTACT: Lisa M. Donahue, Environmental 
Scientist, (215) 597-9781.

SUPPLEMENTARY INFORMATION: On January 12, 1994 (59 FR 1693), EPA 
published a Notice of Proposed Rulemaking (NPR) for the State of 
Delaware. The NPR proposed approval of the Delaware Small Business 
Stationary Source Technical and Environmental Compliance Assistance 
Program. The formal SIP revision was submitted by Delaware on January 
11, 1993.
    In order to gain full approval, the state program must provide for 
each of the following 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 Small 
Business Ombudsman to represent the interests of small businesses in 
the regulatory process; and (3) the creation of a Compliance Advisory 
Panel to determine and report on the overall effectiveness of the SBAP.
    Delaware Department of Natural Resources and Environmental Control 
is authorized to create and administer the SBTCP, and create the Small 
Business Ombudsman. Through an executive order, the Governor of the 
State of Delaware will establish the Compliance Advisory Panel.
    Other specific requirements of the Small Business Stationary Source 
Technical and Environmental Compliance Assistance Program and the 
rationale for EPA's proposed action are explained in the NPR and will 
not be restated here. No public comments were received on the NPR.

Final Action

    EPA is approving the Delaware Small Business Stationary Source 
Technical and Environmental Compliance Assistance Program as a revision 
to the Delaware SIP.
    Nothing in this action should be construed as permitting or 
allowing or establishing a precedent for any future request for 
revision to any state implementation plan. Each request for revision to 
the state implementation plan shall be considered separately in light 
of specific technical, economic, and environmental factors and in 
relation to relevant statutory and regulatory requirements.
    This action has been classified as a Table 3 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 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 Table 3 SIP revisions 
(54 FR 2222) from the requirements of Section 3 of Executive Order 
12291 for a period of two years. The U.S. EPA has submitted a request 
for a permanent waiver for Table 2 and 3 SIP revisions. The OMB has 
agreed to continue the temporary waiver until such time as it rules on 
U.S. EPA's request. This request continues in effect under Executive 
Order 12866, which superseded Executive Order 12291 on September 30, 
1993.
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by July 18, 1994. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this rule for the 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).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Small Business 
Assistance Program.

    Dated: May 14, 1994.
Stanley L. Laskowski,
Acting Regional Administrator, Region III.
    40 CFR part 52, subpart I of chapter I, title 40 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 I--Delaware

    2. Part 52, subpart I is amended by adding section 52.460 to read 
as follows:


Sec. 52.460  Small Business Stationary Source Technical and 
Environmental Compliance Assistance Program.

    (a) On January 11, 1993, the Director of the Delaware Department of 
Natural Resources and Environmental Control submitted a plan for the 
establishment and implementation of a Small Business Stationary Source 
Technical and Environmental Compliance Assistance Program as a State 
Implementation Plan revision, as required by title V of the Clean Air 
Act. EPA approved the Small Business Stationary Source Technical and 
Environmental Compliance Assistance Program on May 17, 1994, and made 
it a part of the Delaware SIP. As with all components of the SIP, 
Delaware must implement the program as submitted and approved by EPA.

[FR Doc. 94-11987 Filed 5-16-94; 8:45 am]
BILLING CODE 6560-50-P