[Federal Register Volume 59, Number 156 (Monday, August 15, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-19846]


[[Page Unknown]]

[Federal Register: August 15, 1994]



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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[MA-20-1-6469; A-1-FRL-5004-4]

 

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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is conditionally approving a State Implementation Plan 
(SIP) revision submitted by the Commonwealth of Massachusetts for the 
purpose of establishing a small business stationary source technical 
and environmental compliance assistance program (PROGRAM). The SIP 
revision was submitted by the State to satisfy the Federal mandate to 
ensure that small businesses have access to the technical assistance 
and regulatory information necessary to comply with the Clean Air Act 
(CAA). The rationale for this conditional approval is set forth in this 
final rule; additional information is available at the address 
indicated below.

EFFECTIVE DATE: This final rule will become effective on September 14, 
1994.

ADDRESSES: 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., (LE-131), 
Washington, DC. 20460; and the Department of Environmental Protection, 
One Winter Street, 7th floor, Boston, MA 02108.

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 PROGRAM, and 
submit this PROGRAM as a revision to the Federally approved SIP. In 
addition, the CAA directs the EPA to oversee these 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.
    On January 12, 1994 (59 FR 1695), EPA published a notice of 
proposed rulemaking (NPR) for the Commonwealth of Massachusetts. The 
NPR proposed conditional approval of the State's PROGRAM. The formal 
SIP revision was submitted by Massachusetts on November 13, 1992 and 
July 22, 1993. A more detailed account of EPA's action can be found in 
the proposed rule.
    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. Summary of Submittal

    EPA reviewed Massachusetts' PROGRAM and is conditionally approving 
it pursuant to section 110(k)(4) of the CAA. This approval is on the 
condition that Massachusetts meet its commitment to submit 
documentation to EPA by November 15, 1994 of adequate legal authority 
to establish and implement a compliance advisory panel incorporating 
all the elements listed in section 507(e) of the CAA. Additionally, the 
PROGRAM must be fully operational by November 15, 1994.
    Other specific requirements of this SIP revision and the rationale 
for EPA's action are explained in the NPR and will not be restated 
here. One comment letter was received in support of EPA's approval of 
Massachusetts' PROGRAM.

Final Action

    EPA is conditionally approving the SIP revision submitted by the 
DEP on November 13, 1992 and July 22, 1993 as a revision to the 
Massachusetts SIP. The State must submit to EPA by November 15, 1994 
documentation of adequate legal authority which allows a compliance 
advisory panel to be established and implemented, incorporating all the 
elements listed in section 507(e) of the CAA; the PROGRAM must also be 
fully operational by that date. If the State fails to do so, this 
approval will become a disapproval on that date. EPA will notify the 
State by letter that this action has occurred. At that time, this 
commitment will no longer be a part of the approved Massachusetts SIP. 
EPA subsequently will publish a document in the Federal Register 
notifying the public that the conditional approval automatically 
converted to a disapproval. If the State meets its commitment, within 
the applicable time frame, the conditionally approved submission will 
remain a part of the SIP until EPA takes final action approving or 
disapproving the new legislative authority. If EPA disapproves the new 
submittal, the conditionally approved small business program will also 
be disapproved at that time. If EPA approves the submittal, the small 
business program will be fully approved in its entirety and replace the 
conditionally approved program in the SIP.
    If the conditional approval is converted to a disapproval, such 
action will trigger EPA's authority to impose sanctions under section 
110(m) of the CAA at the time EPA issues the final disapproval or on 
the date the State fails to meet its commitment. In the latter case, 
EPA will notify the State by letter that the conditional approval has 
been converted to a disapproval and that EPA's sanctions authority has 
been triggered. In addition, the final disapproval triggers the federal 
implementation plan (FIP) requirement under section 110(c). Pursuant to 
section 507(b)(3), EPA will provide for implementation of the program 
provisions required under section 507(a)(4) in any State that fails to 
submit such a program under that subsection. Therefore, EPA would have 
to provide for a compliance assistance program which assists small 
business stationary sources in determining applicable requirements and 
in receiving permits under the CAA.
    Conditional approvals of SIP submittals 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).
    If the conditional approval is converted to a disapproval under 
section 110(k), based on the State's failure to meet the commitment, it 
will not affect any existing state requirements applicable to small 
entities. Federal disapproval of the state submittal does not affect 
its state-enforceability. Moreover, EPA's disapproval of the submittal 
does not impose a new federal requirement. Therefore, EPA certifies 
that this disapproval action does not have a significant impact on a 
substantial number of small entities because it does not remove 
existing state requirements nor does it substitute a new federal 
requirement.
    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.
    The Office of Management and Budget has exempted this action from 
Executive Order 12866 Review.
    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.
    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 October 14, 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, Incorporation by 
reference, Intergovernmental relations, Small business assistance 
program.

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

    Dated: June 17, 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 W--Massachusetts

    2. Section 52.1119 is added to subpart W to read as follows:


Sec. 52.1119  Identification of plan--conditional approval.

    (a) The following plan revisions were submitted on the dates 
specified.

    (1) On November 13, 1992, the Massachusetts Department of 
Environmental Protection submitted a small business stationary 
source technical and environmental compliance assistance program 
(PROGRAM). On July 22, 1993, Massachusetts submitted a letter 
clarifying portions of the November 13, 1992 submittal. In these 
submissions, the State commits to submit adequate legal authority to 
establish and implement a compliance advisory panel and to have a 
fully operational PROGRAM by November 15, 1994.
    (i) Incorporation by reference.
    (A) Letter from the Massachusetts Department of Environmental 
Protection dated November 13, 1992 submitting a revision to the 
Massachusetts State Implementation Plan.
    (B) State Implementation Plan Revision for a Small Business 
Technical and Environmental Compliance Assistance Program dated 
November 13, 1992.
    (ii) Additional materials.
    (A) Letter from the Massachusetts Department of Environmental 
Protection dated July 22, 1993 clarifying portions of Massachusetts' 
November 13, 1992 SIP revision.

[FR Doc. 94-19846 Filed 8-12-94; 8:45 am]
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