[Federal Register Volume 59, Number 209 (Monday, October 31, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-26840]


[[Page Unknown]]

[Federal Register: October 31, 1994]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[AL-37-1-5925a; FRL-5090-6]

 

Approval and Promulgation of Implementation Plans Alabama: Title 
V, Section 507, Small Business Stationary Source Technical and 
Environmental Compliance Assistance Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is approving revisions to the State Implementation Plan 
(SIP) submitted by the State of Alabama through the Alabama Department 
of Environmental Management (ADEM) for the purpose of establishing a 
Small Business Stationary Source Technical and Environmental Compliance 
Assistance Program (PROGRAM), which will be fully implemented by 
November 15, 1994. This implementation plan was submitted by the State 
on November 13, 1992, 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 as amended in 
1990 (CAA).

DATES: This final rule is effective on December 30, 1994 unless notice 
is received by November 30, 1994 that someone wishes to submit adverse 
or critical comments. If the effective date is delayed, timely notice 
will be published in the Federal Register.

ADDRESSES: Written comments should be addressed to: Kimberly Bingham, 
Regulatory Planning and Development Section, Air Programs Branch, Air, 
Pesticides & Toxics Management Division, Region IV Environmental 
Protection Agency, 345 Courtland Street, NE., Atlanta, Georgia 30365.
    Copies of the material submitted by the State of Alabama may be 
examined during normal business hours at the following locations:

Air and Radiation Docket and Information Center (Air Docket 6102), 
U.S. Environmental Protection Agency, 401 M Street, SW., Washington, 
DC 20460.
Environmental Protection Agency, Region IV Air Programs Branch, 345 
Courtland Street, NE., Atlanta, Georgia 30365.
Alabama Department of Environmental Management, Office of General 
Counsel, 1751 Congressman W.L. Dickinson Drive, Montgomery, Alabama 
36130.

FOR FURTHER INFORMATION CONTACT: Kimberly Bingham, Regulatory Planning 
and Development Section, Air Programs Branch, Air, Pesticides & Toxics 
Management Division, Region IV Environmental Protection Agency, 345 
Courtland Street, NE., Atlanta, Georgia 30365. The telephone number is 
404/347-3555 ext. 4195.

SUPPLEMENTARY INFORMATION: Implementation of the CAA will require small 
businesses to comply with specific regulations in order for areas to 
attain and maintain the national ambient air quality standards (NAAQS) 
and reduce the emission of air toxics. 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 the small 
business assistance program 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 and the EPA guidance document 
Guidelines for the Implementation of section 507 of the 1990 Clean Air 
Act Amendments. 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 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. The plan must also determine 
the eligibility of small business stationary sources for assistance in 
the PROGRAM. The plan includes the duties, funding and schedule of 
implementation for the three PROGRAM components.
    Section 507(a) and (e) of the CAA set forth requirements the State 
must meet to have an approvable PROGRAM. The State of Alabama has 
addressed these requirements and established a PROGRAM as described 
below.

1. Small Business Assistance Program (SBAP)

    Alabama has established a mechanism to implement the following six 
requirements set forth in section 507 of title V of the CAA:

    A. The establishment of 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 comply with the CAA;
    B. The establishment of 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;
    C. The development of a compliance and technical assistance 
program for small business stationary sources which assist small 
businesses in determining applicable permit requirements under the 
CAA in a timely and efficient manner;
    D. The development of adequate mechanisms to assure that small 
business stationary sources receive notice of their rights under the 
CAA 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 CAA;
    E. The development of adequate mechanisms for informing small 
business stationary sources of their obligations under the CAA, 
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 CAA; and
    F. The development of 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 of Alabama Department of Environmental Management has 
indicated the Chief of the Non-Industrial Section in the Engineering 
Branch of the Air Division will be designated the coordinator of the 
Technical and Environmental Assistance Group (TEAG). The coordinator 
will direct and coordinate the activities of a group of at least six 
individuals with experience in permitting, source sampling, dispersion 
modeling, and public information. ADEM will support the TEAG with 
additional personnel as warranted. The TEAG will establish a 
clearinghouse of relevant technical and regulatory literature to 
disseminate to the small business community. It will provide 
information concerning compliance methods and technologies for small 
business stationary sources to operators and owners through interaction 
and cooperation with the Alabama Development Office (ADO), the Alabama 
Department of Economic and Community Affairs (ADECA), Alabama Small 
Business Development Consortium, Safe-State, the Waste Reduction and 
Technology Transfer (WRATT) program, trade associations, and other 
appropriate groups.
    The TEAG will provide information concerning pollution prevention 
and accidental release detection and prevention programs. This shall 
include providing information about alternative technologies, process 
changes, products, and methods of operation that reduce air pollution. 
The TEAG will support the activities of the Ombudsman and answer 
questions from that office, other state and local agencies, trade 
associations, and other appropriate groups concerning air permit 
requirements and applicability in a timely and efficient manner. Public 
notices will be posted in the State's four largest newspapers of 
proposed and/or final rules, regulations or standards issued under the 
CAA. Personnel from the TEAG will speak at forums and/or meetings 
concerning applicable proposed or final rules, regulations or standards 
issued under the CAA. The TEAG will serve as the secretariat to the 
Ombudsman and the Compliance Advisory Panel in the development and 
dissemination of reports, advisory opinions and other information.
    The TEAG will inform small businesses of the procedures for the 
Department to consider requests for a variance from a rule, work 
practice, standard or compliance date. The WRATT will be included in 
the Assistance Group where multi-media pollution prevention opportunity 
information is requested. Public service announcements, seminars and 
workshops will be developed and utilized. The TEAG will use EPA 
services such as the Control Technology Center (CTC) and the Emission 
Measurement Technical Information Center (EMTIC). Compliance Assistance 
to small businesses will be provided to aid them to identify applicable 
requirements and procedures to obtain permits in a timely fashion. The 
TEAG has developed and continues to work on responsive techniques, 
outreach techniques and information packets. This will cover topics 
such as pollution prevention, accidental release prevention and 
detection, source rights and obligations, and how to obtain approval 
for modification of work practices, compliance methods or schedules of 
compliance.
    The Department will perform on-site audits at the request of small 
businesses to evaluate work practices, compliance monitoring procedures 
and recordkeeping procedures. Such audits may be performed by 
Department personnel or by the WRATT program at no cost to the small 
businesses.

2. Ombudsman

    Section 507(a)(3) of the CAA requires the designation of a state 
office to serve as the Ombudsman for small business stationary sources. 
Alabama has appointed a Small Business Ombudsman and established the 
office of Alabama Small Business Ombudsman to represent the interests 
of small businesses as they come under the regulation of the CAA and 
the oversight of the Small Business Technical and Environmental 
Assistance Group. The Ombudsman reports directly to the Director of the 
Department of Environmental Management. The Alabama Ombusman operates a 
toll-free hotline to provide free confidential help to small businesses 
on specific source problems and grievances. The Ombudsman is authorized 
to communicate directly with the Governor's Office, the Director of 
ADEM, the Chief of the Air Division, other state agencies and other 
government officials. The Ombudsman may propose legislation or 
administrative action through ADEM or the Compliance Advisory Panel.

3. Compliance Advisory Panel

    Section 507(e) of the CAA 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. Alabama established a seven member CAP with a 
membership consistent with the aforementioned CAA requirements. The 
makeup of the CAP is prescribed as required by the CAA and 
administrative support will be provided by the Department to fulfill 
all the responsibilities under the CAA.
    The duties of the CAP include: rendering advisory opinions 
regarding the effectiveness of the Small Business Technical and 
Environmental Assistance Group; reviewing information for small 
business stationary air pollution sources to assure such information is 
understandable by the layperson; and to make periodic reports to the 
Administrator of the Environmental Protection Agency in accordance with 
the requirements of the Paperwork Reduction Act, the Regulatory 
Flexibility Act, and the Equal Access to Justice Act.

4. Source Eligibility

    Alabama has incorporated section 507(c)(1) and defined a Small 
Business Stationary Source as a source that:

    (1) Operates in Alabama;
    (2) Is owned or operated by a person who employs 100 or fewer 
individuals;
    (3) Is a small business concern as defined in the Small Business 
Act;
    (4) Is not a major stationary source as defined in Titles I and 
III of the CAA which means the potential to emit for the source is 
less than:
    a. 100 tons per year (tpy) of any criteria air pollutant;
    b. 10 tpy of any toxic pollutant; or
    c. 25 tpy of all toxic pollutants;
    (5) Does not emit 50 tpy or more of any regulated pollutant; and
    (6) Emits less than 75 tpy of all regulated pollutants.

    Alabama has established the following mechanisms as required by 
section 507: (1) A process 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 
CAA; (2) A process 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 CAA, but do not emit more than 100 
tpy of all regulated pollutants; and (3) A process for exclusion from 
the small business stationary source definition, after consultation 
with the EPA and the Small Business Administration Administrator and 
after providing notice and opportunity for public comment, of any 
category or subcategory of sources that the Department determines to 
have sufficient technical and financial capabilities to meet the 
requirements of the CAA.

Final Action

    In this action, EPA is approving the PROGRAM SIP revision submitted 
by the State of Alabama through the Alabama Department of Environmental 
Management. This action is being taken without prior proposal because 
the changes are noncontroversial and EPA anticipates no significant 
comments on them. The public should be advised that this action will be 
effective on December 30, 1994. However, if notice is received by 
November 30, 1994 that someone wishes to submit adverse or critical 
comments, this action will be withdrawn and two subsequent notices will 
be published before the effective date. One notice will withdraw the 
final action and another will begin a new rulemaking by announcing a 
proposal of the action and establishing a comment period.
    Under section 307(b)(1) of the Act, 42 U.S.C. 7607 (b)(1), 
petitions for judicial review of this action must be filed in the 
United States Court of Appeals for the appropriate circuit by December 
30, 1994. Filing a petition for reconsideration by the Administrator of 
this final rule does not affect the finality of this rule for 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 Act, 42 U.S.C. 7607 (b)(2)).
    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), as revised by an October 4, 1993, 
memorandum from Michael Shapiro, Acting Assistant Administrator for Air 
and Radiation. 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 from the requirements of 
Section 3 of Executive Order 12291 for 2 years. The 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 USEPA's request. This request continues in effect under Executive 
Order 12866 which superseded Executive Order 12291 on September 30, 
1993.
    Nothing in this action shall be construed as permitting or allowing 
or establishing a precedent for any future request for a 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.
    SIP approvals 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. Environmental Protection Agency, 427 U.S. 246, 
256-66 (S.Ct. 1976); 42 U.S.C. 7410(a)(2) and 7410(k).

List of Subjects in 40 CFR Part 52

    Air Pollution Control, Incorporation by reference, 
Intergovernmental relations, Small business stationary source technical 
and environmental assistance program.

    Dated: October 4, 1994.
Patrick M. Tobin,
Acting Regional Administrator.

    Part 52 of chapter I, title 40, Code of Federal Regulations, is 
amended as follows:

PART 52--[AMENDED]

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

Subpart B--Alabama

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

    2. Section 52.50 is amended by adding paragraph (c) (62) to read as 
follows:


Sec. 52.50  Identification of plan.

* * * * *
    (c) * * *
    (62) The Alabama Department of Environmental Management has 
submitted revisions to chapter 11 of the Alabama Statute on November 
13, 1992. These revision address the requirements of section 507 of 
Title V of the CAA and establish the Small Business Stationary Source 
Technical and Environmental Assistance Program (PROGRAM).
    (i) Incorporation by reference.
    (A) Alabama statute 11.1, effective November 13, 1993.
    (ii) Additional information--None.
* * * * *
[FR Doc. 94-26840 Filed 10-28-94; 8:45 am]
BILLING CODE 6560-50-P