[Federal Register Volume 59, Number 120 (Thursday, June 23, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-15306]
[[Page Unknown]]
[Federal Register: June 23, 1994]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[AZ25-1-6156; FRL-5002-8]
Clean Air Act Partial Approval and Partial Disapproval and
Promulgation of Title V, Section 507, Small Business Stationary
Source Technical and Environmental Compliance Assistance Program
for Arizona
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of proposed rulemaking.
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SUMMARY: The EPA today proposes to partially approve and partially
disapprove the State Implementation Plan (SIP) revision submitted by
the State of Arizona for the purpose of establishing a Small Business
Stationary Source Technical and Environmental Compliance Assistance
Program (PROGRAM). The implementation plan was submitted by the State
to satisfy the Federal mandate of the Clean Air Act (CAA) to ensure
that small businesses have access to the technical assistance and
regulatory information necessary to comply with the CAA. The rationale
for the partial approval and partial disapproval is set forth in this
document; additional information is available at the address indicated
in the Addresses section.
DATES: Comments on this proposed action must be received in writing by
July 25, 1994.
ADDRESSES: Comments can be mailed to the U.S. Environmental Protection
Agency, Division Director, Air and Toxics Division,75 Hawthorne Street,
San Francisco, CA 94l05, Attention: R. Michael Stenburg.
Copies of the State's submittal and EPA's technical supportdocument
are available for inspection during normal business hours at the
following locations:
U.S. Environmental Protection Agency,75 Hawthorne Street, San
Francisco, CA 94l05;
Arizona Department of Environmental Quality,3033 North Central
Avenue, Phoenix, Arizona 85012.
FOR FURTHER INFORMATION CONTACT: R. Michael Stenburg, A-1, U.S.
Environmental Protection Agency, 75 Hawthorne Street, San Francisco, CA
94l05, (4l5) 744-ll02.
SUPPLEMENTARY INFORMATION:
I. Background
Implementation of the provisions of the Clean Air Act (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 Arizona has submitted a SIP revision to EPA inorder 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
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. The State has met this requirement by planning to hire
before November l5, l994 a Deputy Ombudsman to coordinate the
distribution of air quality related information on compliance methods,
technologies and permit applications. A hotline telephone number
already exists at ADEQ for the dissemination of pertinent environmental
information. This service would be expanded with menu items
specifically tailored to the needs of small businesses. The Deputy
Ombudsman will alsodistribute pamphlets, conduct direct mailings and
sponsor seminars and workshops. In addition the state would utilize a
network of Small Business Assistance Centers located at community
colleges throughout the State. These offices would provide a direct
link tothe small business community in the outlying areas of the State
and would provide a convenient location for the distribution of
information on the Program. The Arizona Business Connection, operated
by the Arizona Department of Commerce, would be a primary link in
providing Program information to their clients and directly link
clients to the Ombudsman's services. The state will also utilize the
Arizona Procurement Technical Assistance Network which provides small
business information through a computer bulletin board. Finally,
brochures and other written materials will be provided to Chambers of
Commerce and other economic development organizations.
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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 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 planning that prior to November
l5,l994 their Small Business Assistance Program would provide
assistance to small businesses on pollution prevention and accidental
release prevention and detection through the distribution of pamphlets
as well as direct mailings, seminars and workshops. Some of the
technical assistance would be provided through the existing Pollution
Prevention Program in the Office of Waste Programs at ADEQ. The
Pollution Prevention Program will provide technical assistance on
methods of pollution prevention and accidental release prevention and
detection, including alternative technologies, process changes, and
products and methods that help reduce air pollution.
The third requirement is to develop a compliance and technical
assistance program for small business stationary sources whichassists
small businesses in determining applicable requirements and in
receiving permits under the Act in a timely and efficient manner. The
State has met this requirement by planning prior toNovember l5, l994 to
have the Ombudsman's office serve as a centralpoint of contact for
information related to permit applications and the handling of
complaints from citizens experiencing problems with ADEQ. In addition,
a Small Business Assistance Program (SBAP) would be housed within ADEQ.
The SBAP will provide assistance to small businesses on applicable
requirements under the CAA and Arizona law as well as assistance on
applying for and acquiring permits.
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 planning that prior to
November l5, l994 to have the Small Business Assistance Program provide
information regarding the rights of small businesses under the Clean
Air Act. The state has verbally committed to publish a pamphlet that
will descirbe the rights of small businesses.
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 planning that prior to November l5,
l994 to have the Small Business Assistance Program provide assistance
to small businesses on applicable requirements under the Clean Air Act
and Arizona law. The State isalso planning to provide a list of
compliance audit contractors and to educate small businesses on how to
select a contractor. In addition, AQED plans to train trade
associations as volunteers to help eligible businesses to select
contractors. ADEQ does provide in-house compliance audits and will
continue to do so, but cannot guarantee confidentiality nor immunity
from enforcement.
The sixth requirement is to develop procedures forconsideration 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. The State has not met this requirement.
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 planning that prior to November l5, l994
that the duties of the existing Arizona Department of Environmental
Quality Ombudsman's office be expanded to encompass the specific needs
of the small business regulated community. The current ADEQ Ombudsman
reports to the Deputy Director of ADEQ, and provides services to
constituents across all ADEQ regulatory programs. The office of the
Deputy Director of ADEQ is totally separate from the regulatory
functions of the Department. It is also planned that prior to November
l5, l994 that a Deputy Ombudsman be hired to coordinate the
distribution of air quality related information on compliance methods,
technologies, permit applications. If demand requires, additional staff
will be hired to provide the necessary services for the Program.
3. Compliance Advisory Panel
Section 507(e) requires the State to establish a Compliance
Advisory Panel (CAP) 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 Clean Air Act Amendments specify that the members
selected by the State legislature include l member each by the majority
and minority leadership of the lower house and l member each by the
majority and minority leadership of the upper house. The State
legislation provides for the appointment of two members by the Speaker
of the House and the appointment of two members by the President of the
Senate. At the time of selection, the Senate was controlled by the
Democratic party and the House was controlled by the Republican party.
Therefore, both the minority and majority leadership did select two
members for the CAP. EPA is proposing approval of this approach because
this selection is within the spirit of the law. However, if adverse
comments are received during the public comment period, EPA will re-
examine this issue.
In addition to establishing the minimum membership of the CAP the
CAA 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 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; and (4) to develop and disseminate
the reports and advisory opinions made through the SBAP. The State has
met these requirements by stating that the purpose of the panel is to
provide oversight responsibility, gauge Program effectiveness, and
render advisory opinions. Secretarial support will be provided by a
secretary associated with the small business assistance program.
Additional authorities will include ensuring Program consistency with
the Paperwork Reduction Act, Regulatory Flexibility Act, and the Equal
Access to Justice Act.
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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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The panel will review information for small business sources to
ensure that it can be understood by the lay person.
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 State has not established a definition of small business and
therefore has not established procedures for including orexcluding
sources from that definition. As a general rule, in mailing pamphlets
and in providing information on hotlines, the State does not plan to
screen businesses seeking information. The State has committed to
adopting a process for determining eligibility at such time as the
current process is providing inadequate service to those businesses
that meet the CAA's definition of a small business.
III. This Action
In this action, EPA is proposing to partially approve and to
partially disapprove the SIP revision submitted by the State of
Arizona.
The State of Arizona has submitted a SIP revision adequately
addressing the requirements for the Small Business Ombudsman and the
Compliance Advisory Panel. However, the submittal does not adequately
meet the requirements for the Small Business Assistance Program. EPA is
therefore proposing to partially approve this submittal for satisfying
all the requirements of the Small Business Ombudsman and the Compliance
Advisory Panel and most of the requirements of the Small Business
Assistance Program. EPA is also proposing to partially disapprove this
submittal for not satisfying the Small Business Assistance Program
requirement to develop 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.
In addition, a schedule should be submitted showing implementation of
this requirement.
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). A revision to the SIP processing
review tables was approved by the Acting Assistant Administrator for
Office of Air and Radiation on October 4, l993 (Michael Shapiro's
memorandum to Regional Administrators). A future document will inform
the general public of these tables. Under the revised tables this
action remains classified as a Table 2. On January 6, 1989 the Office
of Management and Budget (OMB) waived Table 2 and 3 SIP revisions (54
FR 2222) from the requirements of section 3 of Executive Order 12291
for two years. The US 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 continued 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., 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, smallnot-for-profit enterprises, and
government entities withjurisdiction over populations of less than
50,000.
By this action, EPA is partially approving a State program created
for the purpose of assisting small businesses in complying with
existing statutory and regulatory requirements. The program being
partially 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 the EPA's partial 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, Intergovernmental
relations.
Authority: 42 U.S.C. 7401-7671q.
Dated: June 10, 1994.
John Wise,
Acting Regional Administrator.
[FR Doc. 94-15306 Filed 6-22-94; 8:45 am]
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