[Federal Register Volume 59, Number 96 (Thursday, May 19, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-12158]


[[Page Unknown]]

[Federal Register: May 19, 1994]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CT-10-1-5893; A-1-FRL-4885-8]

 

Approval and Promulgation of Title V, Section 507, Small Business 
Stationary Source Technical and Environmental Compliance Assistance 
Program for Connecticut

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is approving a State Implementation Plan (SIP) revision 
submitted by the State of Connecticut for the purpose of establishing a 
small business stationary source technical and environmental compliance 
assistance program. The SIP revision was submitted by the State to 
satisfy the Federal mandate to ensure that small businesses have access 
to technical assistance and regulatory information necessary to comply 
with the Clean Air Act (CAA). The rationale for the approval is set 
forth in this action.
DATES: This final rule will become effective July 18, 1994, unless 
notice is received within 30 days that adverse or critical comments 
will be submitted. If the effective date is delayed, timely notice will 
be published in the Federal Register.

ADDRESSES: Comments may be mailed to Linda M. Murphy, Director, Air, 
Pesticides and Toxics Management Division, U.S. Environmental 
Protection Agency, Region I, JFK Federal Building, Boston, MA 02203. 
Copies of the documents relevant to this action are available for 
public inspection during normal business hours, by appointment at the 
Air, Pesticides and Toxics Management Division, U.S. Environmental 
Protection Agency, Region I, One Congress Street, 10th floor, Boston, 
MA; Air and Radiation Docket and Information Center, U.S. Environmental 
Protection Agency, 401 M Street, SW., (6102), Washington, DC 20460; and 
the Bureau of Air Management, Department of Environmental Protection, 
State Office Building, 79 Elm Street, Hartford, CT 06106-1630.

FOR FURTHER INFORMATION CONTACT: Emanuel Souza, Jr., (617) 565-3248.

SUPPLEMENTARY INFORMATION:

I. Background

    Implementation of the provisions of the CAA, 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 CAA 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 SIP. In addition, the CAA 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 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.
    The State of Connecticut has submitted a SIP revision to 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. Analysis

    Connecticut has met all of the requirements of section 507 by 
submitting a SIP revision that implements all required PROGRAM 
elements.

1. Small Business Assistance Program

    Section 507(a) sets forth six requirements1 that the State 
must meet to have an approvable SBAP. 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 Act.
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    \1\A seventh requirement of section 507(a), establishment of an 
Ombudsman office, is discussed in the next section.
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    The SBAP will act as an information clearing house by referring 
small businesses to technical experts, specifically trained to handle 
specific questions relevant to achieving compliance with the CAA. The 
State has further met this requirement through proactive and reactive 
components. The proactive component involves adequate communication 
with and information outreach to small businesses on technical and 
compliance issues. The reactive component involves the establishment of 
a clearinghouse for handling incoming inquiries from small businesses 
regarding methods for achieving compliance with air pollution control 
requirements under the CAA.
    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.
    The State has met this requirement by including mechanisms to 
provide assistance which allows the SBAP to coordinate information 
relating to pollution prevention and accidental release detection with 
Federal, state and local agencies and by allowing the SBAP 
clearinghouse to disseminate information on pollution prevention and 
accidental release prevention and detection. Furthermore, a contact 
directory will be developed and made available which will include a 
list of technical experts in the areas of pollution prevention, 
accidental release prevention and detection and familiarity with 
pollution prevention technologies and alternatives to reduce pollution.
    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 Act in a timely and efficient manner.
    The State's SBAP will utilize several mechanisms to provide 
compliance and technical assistance to small businesses. These include 
developing industry-specific information packets, providing training to 
educate small business owners on conducting self-inspections and 
understanding the compliance requirements, and communicating changes in 
regulations and policy to small businesses through workshops, flyers 
and presentations. The SBAP will develop a data base that includes 
small business stationary sources and associations to attempt to notify 
affected sources of potential changes or rules that affect them. 
Additionally, the SBAP will work with trade associations, local 
agencies, educational facilities, and community leaders to establish 
environmental partnerships to bring about voluntary compliance with 
regulations under the CAA through participation and educational 
activities.
    The fourth 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 Act.
    The State has met this requirement by listing three possible 
methods. As stated above the SBAP will develop a data base that 
includes small business stationary sources and associations and will 
coordinate with appropriate agency staff to attempt to notify affected 
sources of potential changes or rules that affect them. Additionally, 
formal public notification procedures will be developed and implemented 
agency-wide that will attempt to insure timely notice of small 
businesses of their rights and obligations under the CAA. Finally, as 
stated earlier, the SBAP will work with trade associations, local 
agencies, educational facilities, and community leaders to establish 
environment partnerships to bring about voluntary compliance with 
regulations under the CAA through participation and educational 
activities.
    The fifth requirement is to develop adequate mechanisms for 
informing small business stationary sources of their obligations under 
the Act, 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 Act.
    The State has met this requirement by identifying various 
mechanisms in the SIP revision. Some of these mechanisms include visits 
to small businesses, public service announcements, seminars conducted 
by the CT DEP and the establishment of a clearinghouse to handle 
inquiries from small businesses. These methods may be utilized to 
inform small businesses of their obligations under the CAA. 
Furthermore, the State is designing a program for referring sources to 
qualified auditors to determine if they are meeting the requirements of 
the CAA.
    The sixth requirement is to develop procedures for consideration of 
requests from small business stationary sources 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.
    The SIP revision states that the DEP will establish approved 
procedures to provide for the review of requests from small businesses 
for modification of work practice or technical methods of compliance 
based on financial and technological capability. A system will be 
provided for collecting and coordinating information on compliance 
methods and technologies. Data bases and experts in different areas 
will provide definitive guidance information. No such modification may 
be granted unless it is in compliance with the applicable requirements 
of the CAA. Additionally, the CT DEP will establish approval procedures 
for modification requests based on financial and technological 
capability.

2. Ombudsman

    Section 507(a)(3) requires the designation of a State office to 
serve as the Ombudsman for small business stationary sources. The State 
has met this requirement by placing the office in the Office of the 
Commissioner of Environmental Protection, fully independent of the 
Bureau of Air Management. This office will be funded and adequately 
staffed to carry out its duties. A specific list of Ombudsman duties 
are listed in the SIP revision. Some of the duties the Ombudsman office 
will perform includes conducting evaluations of all the programs 
elements, facilitating and promoting the participation of small 
businesses in the development of new regulations that impact small 
businesses, aiding in the dissemination of information to small 
businesses, participating in and sponsoring meetings and conferences 
for small businesses, arranging for and assisting in the preparation of 
guideline documents by the SBAP and interfacing with regional and state 
offices of the Small Business Administration, the Department of 
Commerce, and/or state and Federal agencies. The Ombudsman will also be 
a member of the Compliance Advisory Panel. The Ombudsman will serve as 
the Secretariat for the development and dissemination of panel reports 
and advisory opinions.

3. Compliance Advisory Panel

    Section 507(e) requires the State to establish a Compliance 
Advisory Panel 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. The 
State has met this requirement by including the ombudsman as a panel 
member and therefore, establishing an eight member CAP. The CAA 
requires a minimum of 7 individuals on the Panel. Selection of the 
panel members is consistent with the CAA requirements and the addition 
of the ombudsman does not change the overall makeup of the panel.
    In addition to establishing the membership of the CAP, the State 
PROGRAM delineates four responsibilities of the Panel: (1) To render 
advisory opinions concerning the effectiveness of the SBAP and the 
difficulties encountered; (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 
Act2; (3) to review and assure that information for small business 
stationary sources is easily understandable to the layperson; and (4) 
the Ombudsman may serve as the Secretariat for the development and 
dissemination of panel reports and advisory opinions.
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    \2\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

    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.
    The SIP revision's eligibility requirements for the PROGRAM is 
consistent with the CAA.
    The State has also provided for the exclusion from the small 
business stationary source definition, after consultation with EPA and 
the SBA and upon notice and opportunity for public hearing, those 
categories of small businesses that the State has determined to have 
sufficient technical and financial capabilities to comply with the 
requirements of the CAA. While the State was not clear in the January 
12, 1993 SIP revision that the SBA would be consulted, the State 
submitted a letter to Region I on April 6, 1994 clarifying that EPA and 
the SBA would be consulted if the State excluded source categories from 
the small business stationary source definition.

III. Final Rulemaking Action

    The State of Connecticut has submitted a SIP revision implementing 
each of the required PROGRAM elements required by section 507 of the 
CAA. The State expects all the elements of the PROGRAM to be fully 
operational by November 15, 1994. EPA is therefore approving the SIP 
revision submitted by the State of Connecticut.

Final Action

    EPA is approving the SIP revision implementing each of the required 
PROGRAM elements required by section 507 of the CAA. The State expects 
to appoint all the members of the CAP by July 1994 and have a fully 
operational small business assistance program by November 15, 1994.
    Because EPA considers this final rule noncontroversial and routine, 
we are approving it today without prior proposal. This action will 
become effective on July 18, 1994 unless by June 20, 1994, notice is 
received that adverse comments will be submitted.
    If such notice is received, this action will be withdrawn before 
the effective date by publishing a subsequent document. That document 
will simultaneously withdraw the final action and begin a new 
rulemaking by announcing a proposal of the action and establishing a 
comment period. If no such comments are received, the public is advised 
that this action will be effective July 18, 1994.
    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.
    By this rule, 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 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. Therefore, because 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.
    This action has been classified as a Table 2 action by the Acting 
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. On January 6, 1989, the Office of 
Management and Budget (OMB) waived Table 2 and 3 SIP revision (54 FR 
222) from the requirements of section 3 of Executive Order 12991 for a 
period of 2 years. The EPA has submitted a request for a permanent 
waiver for Table 2 and 3 SIP revisions. The 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.
    Under section 307(b)(1) of the CAA, 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 for 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) of the CAA.)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Small business assistance 
program.

    Note: Incorporation by reference of the State Implementation 
Plan for the State of Connecticut was approved by the Director of 
the Federal Register on July 1, 1982.

    Dated: May 4, 1994.
John P. DeVillars,
Regional Administrator, Region I.

    Part 52 of 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 as follows:

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

Subpart H--Connecticut

    2. Section 52.370 is amended by adding paragraph (c)(65) to read as 
follows:


Sec. 52.370  Identification of plan.

 * * * * *
    (c) * * *
    (65) Revisions to the State Implementation Plan establishing a 
Small Business Stationary Source Technical and Environmental Compliance 
Assistance Program were submitted by the Connecticut Department of 
Environmental Protection on January 12 and August 9, 1993.
    (i) Incorporation by reference.
    (A) Letter from the Connecticut Department of Environmental 
Protection dated January 12, 1993 submitting a revision to the 
Connecticut State Implementation Plan.
    (B) Revisions to the State Implementation Plan for the Small 
Business Stationary Source Technical and Environmental Compliance 
Assistance Program dated January 1993 and effective on January 12, 
1993.
    (C) Letter from the Connecticut Department of Environmental 
Protection dated August 9, 1993 clarifying and updating the January 12, 
1993 submittal.
    (ii) Additional materials.
    (A) Letter from the Connecticut Department of Environmental 
Protection dated April 6, 1994 clarifying the January 12, 1993 
submittal.
    (B) Other non-regulatory portions of the State's submittal.
[FR Doc. 94-12158 Filed 5-18-94; 8:45 am]
BILLING CODE 6560-50-F