[Federal Register Volume 59, Number 153 (Wednesday, August 10, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-19449]


[[Page Unknown]]

[Federal Register: August 10, 1994]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[WI34-01-5765; FRL-4883-1]

 

Small Business Technical and Environmental Compliance Assistance 
Program; Wisconsin

AGENCY: Environmental Protection Agency (USEPA).

ACTION: Direct final rule.

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SUMMARY: The USEPA approves the Wisconsin State Implementation Plan 
(SIP) revision submitted by the State of Wisconsin 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, found in the Clean Air Act (Act), to ensure that small 
businesses have access to the technical assistance and regulatory 
information necessary to comply with the Act. The rationale for the 
approval is set forth in this document; additional information is 
available at the addresses indicated.

DATES: This direct final rule will be effective October 11, 1994, 
unless notice is received by September 9, 1994, that someone wishes to 
submit adverse comments. If the effective date is delayed, timely 
notice will be published in the Federal Register.

ADDRESSES: Comments can be mailed to Carlton Nash, Chief, Regulation 
Development Section, Air Toxics and Radiation Branch, United States 
Environmental Protection Agency, 77 West Jackson Boulevard (AT-18J), 
Chicago, Illinois 60604.
    Copies of the State's submittal and USEPA's technical support 
document are available for inspection during normal business hours at 
the following locations:
    United States Environmental Protection Agency, Region 5, Air and 
Radiation Division, 77 West Jackson Boulevard (AT-18J), Chicago, 
Illinois 60604; and
    Wisconsin Department of Natural Resources, 101 South Webster 
Street, P.O. Box 7921, Madison, Wisconsin 53707.
    A copy of this SIP revision is also available at the Office of Air 
and Radiation, Docket and Information Center (Air Docket 6102), room 
M1500, USEPA, 401 M Street, SW., Washington, DC 20460.

FOR FURTHER INFORMATION CONTACT: Constantine Blathras, USEPA (AT-18J), 
77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 886-0671.

SUPPLEMENTARY INFORMATION:

I. Background

    Implementation of the provisions of the Clean Air Act, as amended 
in 1990, (``CAA'' or ``the Act''), will require many small businesses 
to be regulated so that areas may attain and maintain the national 
ambient air quality standards (NAAQS) and the emission of air toxics 
will be reduced. 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 Act requires that States adopt a Small Business 
Stationary Source Technical and Environmental Compliance Assistance 
Program (PROGRAM), and submit this PROGRAM to be incorporated as a 
revision of the Federally approved SIP. In addition, the Act directs 
the USEPA 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 
Act. In February 1992, USEPA 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 an acceptable PROGRAM.
    In order to gain full approval, a 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.
    On November 18, 1992 and January 21, 1993 the State of Wisconsin 
submitted such a PROGRAM to USEPA in order to satisfy the requirements 
of section 507. The submittals contained the following portions of 1991 
Wisconsin Act 269 and 1991 Wisconsin Act 302: Natural Resources (NR) 
144.36--small business stationary source technical and environmental 
compliance assistance program definitions; section 15.157(10) of the 
Wisconsin Statutes--small business environmental council members; 
section 560.11 of the Wisconsin Statutes--small business environmental 
council duties; NR 144.399--fees; section 560.03(9) of the Wisconsin 
Statutes--business and industrial development (small business ombudsman 
clearinghouse); and section 96--nonstatutory provisions of 1991 
Assembly Bill 1055--development.

II. Analysis

    1. Small Business Assistance Program
    Section 507(a) sets forth six requirements that the State must meet 
to have an approvable SBAP.1 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 requiring the 
Wisconsin Department of Natural Resources (WDNR) to develop information 
pertaining to the technical issues of regulations. The Wisconsin 
Department of Development (WDOD), the University of Wisconsin's Small 
Business Development Center--Solid and Hazardous Waste Education 
Center, and the University of Wisconsin-Extension Engineering 
Professional Development Center (University of Wisconsin-Extension) 
will assist WDNR in making the materials understandable to the 
layperson. Rule developers will also analyze the impact of new 
regulations on small business stationary sources to aid in the 
development of assistance materials. Advisory committees will be 
developed to encourage lawful cooperation and compliance with the Act. 
Advisory committees will also be involved during rule development, 
giving small businesses the opportunity to voice their concerns.

    \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 promoting pollution prevention and 
hazardous waste minimization through several existing programs. 
Informational materials are developed by: WDNR's Pollution Prevention 
Office, WDNR's Bureau of Solid and Hazardous Waste, and the University 
of Wisconsin-Extension. WDOD's Hazardous Pollution Prevention Board 
coordinates and monitors hazardous pollution prevention, advises WDNR 
and the University of Wisconsin-Extension in their pollution prevention 
efforts, provides hazardous pollution prevention reports to the 
Governor and the State legislature, and awards pollution prevention 
audit grants to businesses and manufacturers.
    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 has met this requirement by developing mechanisms to inform small 
business stationary sources about applicable requirements through 
WDNR's Bureau of Air Management and WDOD's Small Business Ombudsman's 
Office and Permit Information Center. These mechanisms include an 800 
telephone service (1-800-HELP-BUS-iness); permit applicability 
determinations; dissemination of written materials (including permit 
application process guidance); individual technical and business 
consultations; and potential permit application workshops.
    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 establishing information 
dissemination mechanisms to ensure that small business stationary 
sources receive notice of their rights under the new regulations. These 
mechanisms include public notices and hearings on draft State rules; 
mailings to trade associations, small businesses, and representatives 
of small businesses; newspaper notices, radio and television 
announcements, and other media for widely disseminating information; 
and an 800 telephone service. Preliminary notices will also be 
disseminated prior to adoption of a final rule in order to allow 
businesses time to prepare for the impacts of a rule.
    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 establishing information 
dissemination mechanisms to ensure that small business stationary 
sources receive notice of their obligations under new regulations. 
These mechanisms are the same as those listed above for notifying 
sources of their rights. In addition, Wisconsin has developed 
mechanisms for referring small business stationary sources to qualified 
auditors. These mechanisms include providing information on Hazardous 
Pollution Prevention Audit Grants, providing information through the 
University of Wisconsin-Extension Solid and Hazardous Waste Education 
Center, and developing a guide to assist small business stationary 
sources in hiring auditors. The SBAP may also develop a list of 
consultants which provide environmental compliance audits.
    The sixth requirement is 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. The State has met this requirement by addressing 
such requests through permit revision procedures. The SBAP will assist 
businesses with the permit revision process.
    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 designating the WDOD as the Ombudsman, 
using several services offered by WDOD, including the Small Business 
Ombudsman Clearinghouse, the Permit Information Center, and the 800 
telephone service. Two additional WDOD staff will be added to handle 
the additional responsibilities and workload that cannot be met through 
existing WDOD services. Wisconsin's Small Business Ombudsman performs 
many duties, including: serving as an information and assistance center 
for small businesses affected by the Act; assuming responsibility for 
program evaluation, information collection and dissemination, and 
dispute resolution for small businesses; and working with other State 
agencies and organizations that provide Act related services to small 
businesses to ensure that information is useful and efficiently 
provided.
    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 number of CAP members will be appointed and 
consistent with statues according to section 507(e)(2).
    In addition to establishing the minimum membership of the CAP, the 
Act 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 USEPA concerning the SBAP's 
adherence to the principles of the Paperwork Reduction Act, the Equal 
Access to Justice Act, and the Regulatory Flexibility Act;2 (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 establishing the Small Business Environmental 
Council (SBEC) to meet these responsibilities. The SBEC consists of 
representatives of small businesses, the public, the WDNR and the WDOD, 
and oversee the activities of the SBAP to advise the program on how to 
improve its services. In addition, the Ombudsman staff and SBAP staff 
will provide support for the SBEC in its efforts to carry out these 
responsibilities.

    \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, U.S. 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 Act 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 of Wisconsin has established a mechanism 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 Act. Wisconsin intends to use these mechanisms 
only if the resources of the PROGRAM are abused by those for whom it 
was not intended, or if the PROGRAM becomes overburdened by providing 
assistance to sources which do not meet the small business stationary 
source definition. Pursuant to section 507(c)(2) of the Act, the State 
of Wisconsin has provided 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 Act but do not emit more than 100 tpy 
of all regulated pollutants. In response to petition by a stationary 
source, WDNR may, by rule, extend the definition of small business 
stationary source as outlined above.
    The State of Wisconsin has provided for exclusion from the small 
business stationary source definition, after consultation with the 
USEPA and the Small Business Administration Administrator and after 
providing notice and opportunity for public comment, of any category or 
subcategory of sources that the State determines to have sufficient 
technical and financial capabilities to meet the requirements of the 
Act. WDNR has the authority to narrow the definition in this manner 
through rulemaking.

III. This Action

    The State of Wisconsin has submitted a SIP revision implementing 
each of the required PROGRAM elements required by section 507 of the 
Act. The Small Business Ombudsman elements began delivering assistance 
services in July 1993. The SBEC was fully functional by October 1993. 
The SBAP will be fully implemented by the effective date of Wisconsin's 
Title V Operating Permit Program, which may occur before November 1994. 
USEPA is, therefore, approving this submittal.
    Because USEPA considers this final rule noncontroversial and 
routine, we are approving it today without prior proposal. This rule 
will become effective on October 11, 1994. However, if we receive 
notice by September 9, 1994, that someone wishes to submit adverse 
comments, then USEPA will publish: (1) A document that withdraws the 
action, and (2) a document that begins a new rulemaking by proposing 
the action and establishing a comment period.
    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, 1993 (Michael Shapiro's 
memorandum to Regional Administrators). 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 (54 FR 
2222) from the requirement of section 3 of Executive Order 12291 for a 
period of two years. USEPA 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 USEPA's request.
    Nothing in this action should be construed as permitting, allowing 
or establishing a precedent for any future request for revision to any 
SIP. USEPA shall consider each request for revision to the SIP in light 
of specific technical, economic, and environmental factors and in 
relation to relevant statutory and regulatory requirements.
    Under Executive Order 12866, 58 FR 51735 (October 4, 1993), USEPA 
must determine whether the regulatory action is ``significant'' and 
therefore subject to OMB review and the requirements of the Executive 
Order. The Order defines ``significant regulatory action'' as one that 
is likely to result in a rule that may:
    (1) Have an annual effect on the economy of $100 million or more or 
adversely affect in a material way the economy, a sector of the 
economy, productivity, competition, jobs, the environment, public 
health or safety, of State, local, or tribal governments or 
communities;
    (2) Create a serious inconsistency or otherwise interfere with an 
action taken or planned by another agency;
    (3) Materially alter the budgetary impact of entitlements, grants, 
users fees, or loan programs or the rights and obligations of 
recipients thereof; or
    (4) Raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles set forth in 
the Executive Order. OMB has exempted this regulatory action from E.O. 
12866 review.
    Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., USEPA 
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, USEPA 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, USEPA 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 the USEPA'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.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Small Business 
Assistance Program, Incorporation by reference.

    Dated: April 5, 1994.
Valdas V. Adamkus,
Regional Administrator.

    For the reasons set out in the preamble, part 52, chapter 1, title 
40 of the Code of Federal Regulations is amended as follows:

PART 52 APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

    1. The authority citation for part 52 continues to read as follows:

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

Subpart YY--Wisconsin

    2. Section 52.2570 is amended by adding paragraph (c)(72) to read 
as follows:


Sec. 52.2570  Identification of plan.

* * * * *
    (c) * * *
    (72) On November 18, 1992 and January 21, 1993, the State of 
Wisconsin submitted a Small Business Stationary Source Technical and 
Environmental Assistance Program for incorporation in the Wisconsin 
State Implementation Plan as required by Section 507 of the Clean Air 
Act. Included in the State's submittal were portions of 1991 Wisconsin 
Act 269 and 1991 Wisconsin Act 302.
    (i) Incorporation by reference.
    (A) Section 15.157(10)--small business environmental council--91-92 
Wis. Stats., Effective date: May 14, 1992.
    (B) Section 144.36--small business stationary source technical and 
environmental compliance assistance program--91-92 Wis. Stats., 
Effective date: May 14, 1992.
    (C) Section 144.399(2)(c)--fees--91-92 Wis. Stats., Effective date: 
July 1, 1992.
    (D) Section 560.03(9)--business and industrial development--91-92 
Wis. Stats., Effective date: May 14, 1992.
    (E) Section 560.11--small business environmental council--91-92 
Wis. Stats., Effective date: May 14, 1992.
    (F) Section 560, Subchapter III--permit information center--91-92 
Wis. Stats., Effective date: November 17, 1983.
    (G) Section 96--nonstatutory provisions; development--91 WisAct 
302, 1991 Laws of Wisconsin. Effective date May 14, 1992.
    (ii) Other material.
    (A) Program description.
    3. New section 52.2586 is added to subpart YY to read as follows:


Sec. 52.2586  Small business stationary source technical and 
environmental compliance assistance program.

    The Wisconsin small business stationary source technical and 
environmental compliance assistance program submitted on November 18, 
1992 and January 21, 1993, satisfies the requirements of Section 507 of 
the Clean Air Act.

[FR Doc. 94-19449 Filed 8-9-94; 8:45 am]
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