[Federal Register Volume 60, Number 117 (Monday, June 19, 1995)]
[Rules and Regulations]
[Pages 31912-31915]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-14446]



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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[KY-67-1-6130a; FRL-5192-3]


Approval and Promulgation of Implementation Plans; Kentucky: 
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 Commonwealth of Kentucky through the Kentucky 
Natural Resources and Environmental Protection Cabinet for the purpose 
of establishing a Small Business Stationary Source Technical and 
Environmental Compliance Assistance Program (PROGRAM), which was 
implemented by November 15, 1994. This implementation plan was 
submitted by the Commonwealth 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 action will be effective August 18, 1995 unless notice is 
received July 19, 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 Commonwealth of Kentucky 
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
Kentucky Department for Environmental Protection, Division for Air 
Quality, 803 Schenkel Lane, Frankfort, Kentucky 40601.

[[Page 31913]] 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 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 Commonwealth of Kentucky 
has addressed these requirements and established a PROGRAM as described 
below.

1. Small Business Assistance Program (SBAP)

    Kentucky 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 Commonwealth of Kentucky Natural Resources and Environmental 
Protection Cabinet has charged the Kentucky Division for Air Quality 
with the responsibility of implementing the Small Business Assistance 
Program (SBAP). The division will contract several of the assistance 
activities with the University of Kentucky. The Division has identified 
specific employees to serve as contact points between the University, 
other Division programs, the office of the ombudsman, and the 
Compliance Advisory Panel. The Division assures that the SBAP will have 
computerized access to EPA sponsored electronic bulletin boards and 
hotlines such as EPA's Control Technology Center, Office of Pollution 
Prevention, and Technology Transfer Network.
    The Division will provide information concerning compliance methods 
and technologies for small business stationary sources to operators and 
owners of small businesses. This will be accomplished through 
cooperation and interaction with the Kentucky Economic Development 
Cabinet, the Chamber of Commerce, various trade associations, and other 
appropriate groups. An information clearinghouse will be established to 
provide information concerning pollution prevention and/or accidental 
release detection and prevention programs which include information 
regarding alternative technologies, process changes, products, and 
methods of operation that reduce air pollution. Small businesses will 
be able to access information regarding their rights under the CAA, 
permitting procedures, applicable fees, when and where to apply for 
permits, enforcement processes, etc.
    The Division is responsible for maintaining a Toll-Free hotline 
accessible to small businesses during normal business hours and will 
develop easily understood brochures describing rights and obligations 
under the CAA and new regulatory requirements and developments which 
might affect a small source. In addition, the SBAP will distribute 
information to small businesses through industry groups, trade 
associations, local chambers of commerce, and other organizations 
involved with small businesses. An on-site audit program will be 
developed in cooperation with the University of Kentucky to be utilized 
at the request of sources to evaluate work practices, compliance 
monitoring procedures and record keeping procedures. 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.

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. 
Kentucky has appointed a Small Business Ombudsman and established the 
Office of the Ombudsman in the Secretary's Office of the Natural 
Resources and Environmental Protection Cabinet. The Ombudsman will 
serve as an advocate to represent the interests of small businesses as 
they come under the regulation of the CAA. The Ombudsman's position was 
established in the Secretary's office in order to [[Page 31914]] allow 
the Ombudsman to have direct access to the Secretary, the Governor's 
office, and other agencies within state government.

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 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. One member will be selected by the head 
of the agency in charge of the Air Pollution Permit Program. Kentucky 
chose to establish a nine member CAP with a membership consistent with 
the aforementioned CAA requirements with the following modification: 
the Secretary of the Natural Resources and Environmental Protection 
Cabinet shall select two members instead of one and the Secretary of 
the Economic Development Cabinet shall select one panel member to 
represent that agency. 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 for ensuring the overall 
effectiveness of the PROGRAM; rendering advisory opinions regarding the 
effectiveness of the state PROGRAM, 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

    Kentucky 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) emits less than 50 tons per year (tpy) of any regulated pollutant; 
and
(5) emits less than 75 tpy of all regulated pollutants.

    Kentucky 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 Commonwealth of Kentucky through the Natural Resources and 
Environmental Protection Cabinet. 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 August 18, 
1995 unless, within 30 days of its publication, 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 August 18, 1995.
    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 August 18, 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 Act, 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 U.S. 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 U.S. 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. Sections 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.

     [[Page 31915]] Dated: April 10, 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 S-Kentucky

    2. Section 52.920, is amended by adding paragraph (c)(71) to read 
as follows:


Sec. 52.920  Identification of plan.

* * * * *
    (c) * * *
    (71) The Commonwealth of Kentucky, Natural Resources and 
Environmental Protection Cabinet submitted revisions to the Kentucky 
State Implementation Plan on January 15, 1993 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 Kentucky State Implementation Plan to 
incorporate document titled ``Kentucky Small Business Stationary Source 
Technical Environmental Assistance Program'' which was approved by the 
Kentucky Natural Resources and Environmental Protection Cabinet 
effective on July 15, 1993.
    (ii) Additional Material. None.
* * * * *
[FR Doc. 95-14446 Filed 6-16-95; 8:45 am]
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