[Federal Register Volume 60, Number 37 (Friday, February 24, 1995)]
[Rules and Regulations]
[Pages 10323-10325]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-4629]



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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[SC-27-1-6735a; FRL-5145-8]


Approval and Promulgation of Implementation Plans South Carolina: 
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 South Carolina through the South 
Carolina Department of Health and Environmental Control 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 January 20, 1993, 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 April 25, 1995 unless notice is 
received March 27, 1995 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: Ms. Kimberly 
Bingham, Regulatory Planning and Development Section, Air Programs 
Branch, Air, Pesticides & Toxics Management Division, Region 4 
Environmental Protection Agency, 345 Courtland Street, NE., Atlanta, 
Georgia 30365.
    Copies of the material submitted by the State of South Carolina 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 4 Air Programs Branch, 345 
Courtland Street, NE., Atlanta, Georgia 30365.
    State of South Carolina Department of Health and Environmental 
Control, Environmental Quality Control, Bureau of Air Quality Control, 
2600 Bull Street, Columbia, South Carolina 29201.

FOR FURTHER INFORMATION CONTACT: Ms. Kimberly Bingham, Regulatory 
Planning and Development Section, Air Programs Branch, Air, Pesticides 
& Toxics Management Division, Region 4 Environmental Protection Agency, 
345 Courtland Street, NE., Atlanta, Georgia 30365. The telephone number 
is 404/347-3555 x4195.

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 (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. 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 South Carolina 
has addressed these requirements and established a PROGRAM as described 
below.

1. Small Business Assistance Program (SBAP)

    South Carolina 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 South Carolina acknowledges the heart of the PROGRAM 
is the Small Business Assistance Program (SBAP), which resides within 
the Department of Health and Environmental Control. The SBAP 
[[Page 10324]] will provide an information clearinghouse and refer 
small businesses to State technical experts within the Department who 
are trained to handle specific questions relevant to achieving 
compliance with the CAA. In addition, the SBAP will provide for the 
collection and dissemination of information to small businesses on 
determining applicable requirements under the CAA, permit issuance, 
small businesses' rights and obligations, compliance methods, 
acceptable control technologies, pollution prevention, accidental 
release prevention and detection, audit programs and procedures, and 
other matters deemed useful or necessary by the Department. The 
specific mechanisms for collection and dissemination of information 
will be developed by the Ombudsman. The SBAP also will consider 
requests from small business stationary sources for modifications of 
work practices, technological methods of compliance, or compliance 
procedures and provide guidance as necessary. The SBAP will utilize, on 
an as needed basis, the services of other in-state entities with 
expertise in various aspects related to the PROGRAM.
    The dissemination of information to small businesses in South 
Carolina through the SBAP involves both a proactive and a reactive 
component. The Ombudsman will actively advertise the SBAP to ensure the 
regulated communities are aware of their obligations under the CAA. The 
reactive component takes place after the regulated community recognizes 
that there is or could be some obligation on their part to comply with 
the CAA. The Department is committed to supporting the proactive 
component of the program through newspapers, radio, and TV 
announcements and advertisements. Public service announcements will be 
used to the maximum extent possible. Informational packets will be 
distributed. Other avenues for disseminating information will be 
utilized through the Secretary of State's office, the South Carolina 
State Development Board, the Environmental Quality Control Advisory 
Board, the Federal Small Business Assistance Office, the Chambers of 
Commerce's Technical Committee, the General Assembly's Joint Liaison on 
Small Business, other appropriate State offices, public hearings, and 
by the identification of potentially affected sources by the 
Department. Reactive components of the SBAP include the installation of 
a toll-free hot line to facilitate contacting the Department and the 
designation of the point-of-contact on the Department's staff to handle 
inquiries. The Ombudsman will be the primary point-of-contact who will 
either handle the question or direct the inquirer to the appropriate 
source within the Department for assistance. Other sources of 
information include the following: public hearings on rule changes, 
control technology guidelines, EPA's Control Technology Center, the 
Emissions Measurement Technical Information Center, the Emergency 
Planning and Community Right to Know Hotline, EPA Regional Offices, 
other state's air programs and industry and trade groups.
    The SBAP will assist small businesses in determining applicable 
requirements and will provide information on permit issuance, 
compliance methods, acceptable control technologies, pollution 
prevention, accidental release prevention and detection, and audit 
programs. The SBAP will inform small businesses about their rights 
under the CAA; assist in the preparation of guidance documents and 
ensure that technical and compliance information is available to the 
small business community and the general public; answer regulatory 
questions raised by small businesses and provide them with clean air 
compliance information; obtain information and counsel from other 
appropriate state agencies; and participate and sponsor meetings and 
conferences on air quality requirements, pollution prevention, and 
other regulatory issues.
    The Department will maintain lists of environmental consulting 
companies that perform auditing services and will make the lists 
available upon request. For those sources unable to afford consultants, 
the Department will conduct a consultation audit to assess the need for 
control measures and/or a permit to operate.
    A small business may petition the Department to modify work 
practices, compliance methods or implementation schedules in accordance 
with established procedures as described in the SIP.

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. 
South Carolina has appointed a Small Business Ombudsman and established 
the Office of the Ombudsman within the Department of Environmental 
Quality Control. Through that office, the Ombudsman will have direct 
access to the Governor, the Commissioner, the Chief of the Air 
Pollution Program, and other state and Federal agencies. The Ombudsman 
will have the necessary autonomy to function independently of the air 
program.

3. Compliance Advisory Panel

    Section 507(e) of the CAA requires the State to establish a CAP 
that must include two members selected by the Governor who are not 
owners or representatives of owners of small businesses. Four members 
will be selected by the state legislature who are owners, or represent 
owners, of small businesses. The majority and minority leadership in 
both the house and the senate shall each appoint one member of the 
panel. One member will be selected by the head of the agency in charge 
of the Air Pollution Permit Program. South Carolina established a CAP 
with a membership consistent with the aforementioned CAA requirements. 
The SBAP will serve as the secretariat to the CAP in the development 
and dissemination or reports, advisory opinions, and other information.
    The duties of the CAP include: providing advisory opinions to the 
EPA and the Department regarding the effectiveness of the state PROGRAM 
and the difficulties encountered by small businesses in meeting the 
mandates of the CAA; reviewing information for small business 
stationary air pollution sources to assure such information is 
understandable to the lay person; 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

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

    (1) Is owned or operated by a person who employs 100 or fewer 
individuals;
    (2) Is a small business concern as defined in the Small Business 
Act;
    (3) Is not a major stationary source; and
    (4) Does not emit 50 tons per year (tpy) of any regulated pollutant 
and emits less than 75 tpy of all regulated pollutants.

    South Carolina 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 
[[Page 10325]] 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 South Carolina through the Department of Health and 
Environmental Control. 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 April 25, 1995. However, if notice is received 
by March 27, 1995 someone wishes to submit adverse or critical 
comments, this action will be withdrawn and two subsequent documents 
will be published before the effective date. One document 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 CAA, 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 April 25, 
1995. 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 CAA, 42 U.S.C. 7607 (b)(2).)
    The OMB has exempted these actions from review under Executive 
Order 12866.
    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.
    By today's action, the EPA is approving a State program created for 
the purpose of assisting small business stationary sources in complying 
with existing statutory and regulatory requirements. The program being 
approved today does not impose any new regulatory burden on small 
business stationary sources; it is a program under which small business 
stationary sources may elect to take advantage of assistance provided 
by the State. Therefore, because the 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.
    SIP approvals under 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

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations.

    Dated: January 12, 1995.
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:

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

Subpart PP--South Carolina

    2. Section 52.2120 is amended by adding paragraph (c)(38) to read 
as follows:


Sec. 52.2120  Identification of plan.

* * * * *
    (c) * * *
    (38) The South Carolina Department of Health and Environmental 
Control has submitted revisions to the South Carolina Air Quality 
Implementation Plan on November 12, 1993. These revisions address the 
requirements of section 507 of title V of the Clean Air Act and 
establish the Small Business Stationary Source Technical and 
Environmental Program.
    (i) Incorporation by reference.
    (A) The submittal of the state of South Carolina's Small Business 
Assistance Program which was adopted on September 9, 1993.
    (ii) Additional material. None.
[FR Doc. 95-4629 Filed 2-23-95; 8:45 am]
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