[Federal Register Volume 60, Number 88 (Monday, May 8, 1995)]
[Rules and Regulations]
[Pages 22515-22518]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-10978]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52

[TN-107-1-6200a; FRL-5198-3]


Approval and Promulgation of Implementation Plans, Tennessee: 
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 Tennessee through the Tennessee 
Department of Environment and Conservation 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 February 23, 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 action will be effective July 7, 1995, unless notice is 
received by June 7, 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 Tennessee 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.
Division of Air Pollution Control, Tennessee Department of Environment 
and Conservation, L & C Annex, 9th Floor, 401 Church Street, Nashville, 
Tennessee 37243-1531.

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 extension 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 [[Page 22516]] SIP. In addition, the CAA directs the EPA to 
oversee the 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 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 Tennessee has 
addressed these requirements and established a PROGRAM as described 
below.

1. Small Business Assistance Program (SBAP)

    Tennessee 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 Tennessee Department of Environment and Conservation 
has established the Division of Clean Air Assistance within the Bureau 
of Resources Management with the responsibility of establishing a 
clearinghouse of relevant technical and regulatory literature to 
disseminate to the small business community. A mailing list of both 
trade groups and interested parties will be maintained as a basis for 
information distribution. Seminars, workshops, public service 
announcements, an on-line electronic bulletin board, and other 
appropriate educational mechanisms will be utilized by the Division. 
The Division will provide assistance regarding compliance methods, 
control technologies, pollution prevention and accidental release 
information and detection. The Division will disseminate information on 
compliance which is easily understandable to a nontechnical audience as 
well as handle inquiries on specific methods for achieving compliance 
with state and federal regulations. The Division staff will develop 
information packages addressing all topics germane to the SBAP, 
including: compliance, pollution prevention, legal rights under the 
CAA, permitting assistance, notification of rights, audits and source 
modification. A toll free number has been installed and has been 
functioning for several months. Through a variety of outreach 
techniques, the SBAP staff will inform small business stationary 
sources of their obligations under the CAA. The SBAP staff has compiled 
and maintains a current source list of persons and organizations 
capable of providing technical expertise and support to answer specific 
inquiries and compliance assistance in determining applicable 
requirements of state and federal rules and regulations, determining 
the necessity of a permit and identifying alternatives for achieving 
compliance with state and local regulations.
    The staff or representatives of the Division will either conduct 
audits of small business stationary air pollution sources or contract 
such audits to qualified auditors to facilitate the assessment of 
options and requirements to ensure compliance with regulations and the 
CAA. The Division will also develop procedures for consideration of 
requests from a source with regards to modification of work practices, 
compliance methods or implementation schedules.
    The Department is committed to cross media coordination and through 
the Bureau of Resources Management, has procedures in place to provide 
assistance to small businesses on issues related to solid waste, 
hazardous waste, groundwater, water pollution, etc., as well as air 
pollution. This activity extends to the Department's contract with the 
University of Tennessee where technical assistance on waste reduction 
and pollution prevention is available to private industry across media 
lines.

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. 
Tennessee has appointed a Small Business Ombudsman and established the 
office of Tennessee Small Business Ombudsman to represent the interests 
of small businesses as they come under the regulation of the CAA. The 
Ombudsman's position was established in the Department of Environment 
and Conservation to report directly to the Assistant Commissioner. 
Organizationally, the position is independent of the Division of Air 
Pollution Control and all other regulatory programs.

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 
[[Page 22517]] member selected by the head of the agency in charge of 
the Air Pollution Permit Program. Tennessee 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: providing overall direction and 
oversight to the Tennessee Division of Clean Air Assistance and the 
Ombudsman in their specific responsibilities and duties; rendering 
advisory opinions regarding the effectiveness of the Tennessee Division 
of Clean Air Assistance, the difficulties encountered, and the degree 
and severity of enforcement; 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

    Tennessee 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 as defined in Titles I and III 
of the CAA;
    (4) Does not emit 50 tons per year (tpy) or more of any regulated 
pollutant; and
    (5) Emits less than 75 tpy of all regulated pollutants.
    Tennessee 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 Tennessee through the Tennessee Department of 
Environment and Conservation. The EPA is publishing this action without 
prior proposal because the Agency views this as a noncontroversial 
amendment and anticipates no adverse comments. However, in a separate 
document in this Federal Register publication, the EPA is proposing to 
approve the SIP revision should adverse or critical comments be filed. 
This action will be effective July 7, 1995 unless, by June 7, 1995, 
adverse or critical comments are received. If the EPA receives such 
comments, this action will be withdrawn before the effective date by 
publishing a subsequent document that will withdraw the final action. 
All public comments received will then be addressed in a subsequent 
final rule based on this action serving as a proposed rule. The EPA 
will not institute a second comment period on this action. Any parties 
interested in commenting on this action should do so at this time. If 
no such comments are received, the public is advised that this action 
will be effective July 7, 1995.
    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 July 7, 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 USEPA 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 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.
    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)(3).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Small business stationary 
source technical and environmental assistance program.

    Dated: April 17, 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 RR--Tennessee

    2. Section 52.2220 is amended by adding paragraph (c)(117) to read 
as follows:


Sec. 52.2220  Identification of plan.

* * * * * [[Page 22518]] 
    (c) * * *
    (117) The Tennessee Department of Environment and Conservation has 
submitted revisions to the Tennessee State Implementation Plan. These 
revisions 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) Revision to the Tennessee State Implementation Plan to 
Incorporate Small Business Assistance Program as Required by the Clean 
Air Act Amendments of 1990, approved by the Tennessee Air Pollution 
Control Board on February 10, 1993.
    (ii) Additional information--None.

[FR Doc. 95-10978 Filed 5-5-95; 8:45 am]
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