[Federal Register Volume 60, Number 176 (Tuesday, September 12, 1995)]
[Rules and Regulations]
[Pages 47285-47288]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-22152]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52

[ME-24-1-6911a; A-1-FRL-5284-8]


Approval and Promulgation of Air Quality Implementation Plans; 
Maine; 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 a State Implementation Plan (SIP) revision 
submitted by the State of Maine for the purpose of establishing a Small 
Business Stationary Source Technical and Environmental Compliance 
Assistance Program (PROGRAM). This SIP 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 as amended in 1990 (CAA).

DATES: This final rule is effective November 13, 1995, unless notice is 
received by October 12, 1995 that adverse or critical comments will be 
submitted. If the effective date is delayed, timely notice will be 
published in the Federal Register.

ADDRESSES: Comments may be mailed to Susan Studlien, Acting Director, 
Air, Pesticides and Toxics Management Division, U.S. Environmental 
Protection Agency, Region I, JFK Federal Building, Boston, MA 02203. 
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, S.W., (LE-131), Washington, D.C. 
20460; and Department of Environmental Protection, 71 Hospital Street, 
Augusta, ME 04333.

FOR FURTHER INFORMATION CONTACT: Emanuel Souza, Jr., (617) 565-3248.

SUPPLEMENTARY INFORMATION: 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. In 
anticipation of the impact of these requirements on small businesses, 
the CAA requires that States adopt a Small Business Stationary Source 
Technical and Environmental Compliance Assistance Program (PROGRAM), 
and submit this PROGRAM as a revision to the Federally approved SIP. In 
addition, the CAA directs EPA to oversee these 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. 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.
    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 

[[Page 47286]]
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. Analysis

    Maine has met all of the requirements of section 507 by submitting 
a SIP revision that implements all required PROGRAM elements.

1. Small Business Assistance Program

    Section 507(a) sets forth six requirements 1 that the State 
must meet to have an approvable SBAP. The first requirement is to 
establish 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 compliance 
with the Act.

    \1\ A seventh requirement of Section 507(a), establishment of an 
Ombudsman office, is discussed in the next section.
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    The SBAP has met this requirement by acting as a clearing house for 
developing, compiling and disseminating technical information for small 
businesses. Mechanisms include networking and obtaining information 
from various agencies and departments within the State, EPA and 
business sectors. The program will provide and prepare industry 
guidelines for small businesses. The State has also established a toll-
free phone number to help answer small business questions.
    The second requirement is to establish 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.
    The State has met this requirement by providing assistance to small 
businesses by responding to telephone and written requests. 
Additionally, the state will sponsor conferences, workshops, etc. to 
disseminate information. Maine's small business assistance program is 
placed in the State's existing Office of Pollution Prevention. 
Therefore, the SBAP is built on an already established program.
    The third requirement is to develop a compliance and technical 
assistance program for small business stationary sources which assists 
small businesses in determining applicable requirements and in 
receiving permits under the Act in a timely and efficient manner.
    The State's SBAP will be the responsibility of the small business 
ombudsman and the staff within the Office of Pollution prevention. The 
implementation of the program will also involve various functional 
units within the Department of Environmental Protection. The SBAP will 
assist air emission sources by providing sources with assistance in 
identifying applicable rules; determining the need for a permit; 
explaining permitting procedures; providing the necessary forms and 
applications and assisting them in preparing the documents; providing 
sources with information on the Small Business Assistance Program; 
assisting them by identifying compliance assistance; and referring 
small businesses with specialized problems or concerns to the 
Ombudsman.
    The fourth requirement is to develop adequate mechanisms to assure 
that small business stationary sources receive notice of their rights 
under the Act 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 Act.
    The State has met this requirement by listing various mechanisms in 
the SIP revision which will be utilized while implementing the program. 
These mechanisms include, among others, assistance in identifying 
applicable rules, explaining relevant issues, providing information and 
notifying small businesses of their rights and obligations.
    The fifth requirement is to develop adequate mechanisms for 
informing small business stationary sources of their obligations under 
the Act, 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 Act.
    The State will meet this requirement by preparing brochures 
outlining the rights and obligations under the CAA and the small 
business assistance program. This effort will be further supplemented 
by the staff's development of compliance and permitting workshops. The 
audit program will be funded primarily by the Department with 25% of 
the cost of the audit coming from the source. The State will offer two 
types of audit services. The Department is also exploring other 
possibilities of establishing a more effective and efficient audit 
program.
    The sixth requirement is to develop procedures for consideration of 
requests from small business stationary sources 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 SIP revision states that regulations for consideration of work 
practices for technological methods of compliance exist in Maine's 
regulations governing the Title V Operating Permit Program. All 
requests for modifications will be considered according to the 
regulations set forth in Title V whether or not that source is subject 
to Maine's Title V Permit program. The regulations include: (1) 
procedures for receiving requests from small businesses to modify the 
provisions of state adopted regulations; (2) format of such requests; 
(3) procedures for how requests shall be reviewed and acted upon; and 
(4) requirements to ensure that no such modification may be granted 
unless it is in compliance with the applicable requirements of the CAA, 
applicable SIP or any Federal regulation.

2. Ombudsman

    Section 507(a)(3) requires the designation of a State office to 
serve as the Ombudsman for small business stationary sources. The State 
has met this requirement by placing the Ombudsman in the existing 
Office of the Pollution Prevention. A specific list of Ombudsman duties 
are listed in the SIP revision. Maine's legislation legally authorizes 
the Ombudsman to carry out the role and functions of the federally 
mandated position by specifically addressing the requirements in 
section 507.

3. Compliance Advisory Panel

    Section 507(e) requires the State to establish a Compliance 
Advisory Panel 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. The 
State has met this requirement by incorporating the compliance advisory 
panel into the existing Pollution Prevention Advisory Committee. Since 
the compliance advisory panel is being integrated into an already 
established panel, the State has revised the make-up of the formal 
Pollution Prevention Advisory committee to meet the requirements of 

[[Page 47287]]
section 507(e). The committee will be increased to 16 voting members. 
Selection of the panel members is consistent with the CAA requirements 
and the additional members of the panel do not change the overall 
makeup of the panel as required in section 507(e).
    In addition to establishing the membership of the CAP, the State 
PROGRAM delineates four responsibilities of the Panel: (1) to render 
advisory opinions concerning the effectiveness of the SBAP and the 
difficulties encountered; (2) to periodically report to EPA concerning 
the SBAP's adherence to the principles of the Paperwork Reduction Act, 
the Equal Access to Justice Act, and the Regulatory Flexibility Act; 
2 (3) to review and assure that information for small business 
stationary sources is easily understandable to the layperson; and (4) 
the Ombudsman may serve as the Secretariat for the development and 
dissemination of panel reports and advisory opinions.

    \2\ Section 507(e)(1)(B) requires the CAP to report on the 
compliance of the SBAP with these three Federal statutes. However, 
since State agencies are not required to comply with them, EPA 
believes that the State PROGRAM must merely require the CAP to 
report on whether the SBAP is adhering to the general principles of 
these Federal statutes.
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4. Eligibility

    Section 507(c)(1) of the CAA defines the term ``small business 
stationary source'' as a stationary source that:
    (A) Is owned or operated by a person who employs 100 or fewer 
individuals,
    (B) Is a small business concern as defined in the Small Business 
Act;
    (C) Is not a major stationary source;
    (D) Does not emit 50 tons per year (tpy) or more of any regulated 
pollutant; and
    (E) Emits less than 75 tpy of all regulated pollutants.
    The SIP revision's eligibility requirements for the PROGRAM is 
consistent with the CAA. Additionally, the SIP revision says that it 
will be the general policy of the Department of Environmental 
Protection to assist all business in meeting the requirements of the 
CAA. However, wherever resources become a limiting factor in providing 
such assistance, the Department will give priority to businesses which 
meet the definition of small business stationary source under section 
507(c)(1) of the CAA.
Final Action

    In this action, EPA is approving the SIP revision implementing each 
of the required PROGRAM elements required by section 507 of the CAA. 
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, EPA is proposing to approve the SIP revision should 
adverse or critical comments be filed. This action removes the January 
15, 1993 finding of failure to make a submittal for the Small Business 
Assistance Program. This action will be effective November 13, 1995 
unless adverse or critical comments are received by October 12, 1995.
    If the EPA receives such comments, this action will be withdrawn 
before the effective date by simultaneously publishing a subsequent 
notice 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 on November 13, 1995.
    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. Secs. 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.
    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 H. Shapiro, Acting Assistant Administrator for 
Air and Radiation. A future document will inform the general public of 
these tables. The Office of Management and Budget exempted this action 
under Executive Order 12866.
    Under Sections 202, 203, and 205 of the Unfunded Mandates Reform 
Act of 1995 (``Unfunded Mandates Act''), signed into law on March 22, 
1995, EPA must undertake various actions in association with proposed 
or final rules that include a Federal mandate that may result in 
estimated costs of $100 million or more to the private sector, local, 
or tribal governments in the aggregate.
    Through submission of this state implementation plan or plan 
revision, the State and any affected local or tribal governments have 
elected to adopt the program provided for under Section 507 of the 
Clean Air Act. These rules may bind State, local and tribal governments 
to perform certain actions and also require the private sector to 
perform certain duties. The rules being approved by this action will 
impose no new requirements because all affected sources are already 
subject to these requirements under State law. Accordingly, no 
additional costs to State, local, or tribal governments, or to the 
private sector, result from this action. EPA has also determined that 
this final action does not include a mandate that may result in 
estimated costs of $100 million or more to State, local, or tribal 
governments in the aggregate or to the private sector.
    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, 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 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 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 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).
     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 November 13, 1995. 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 

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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 Maine was approved by the Director of the 
Federal Register on July 1, 1982.

    Dated: April 24, 1995.
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 U--Maine

    2. Section 52.1020 is amended by adding paragraph (c)(38) to read 
as follows:


Sec. 52.1020  Identification of plan.

* * * * *
    (c) * * *
    (38) Revisions to the State Implementation Plan establishing a 
Small Business Stationary Source Technical and Environmental Compliance 
Assistance Program were submitted by the Maine Department of 
Environmental Protection on July 7, and August 16, 1994.
    (i) Incorporation by reference.
    (A) Letter from the Maine Department of Environmental Protection 
dated July 7, 1994 submitting a revision to the Maine State 
Implementation Plan.
    (B) Revisions to the State Implementation Plan for the Small 
Business Stationary Source Technical and Environmental Compliance 
Assistance Program dated July 12, 1994 and effective on May 11, 1994.
    (C) Letter from the Maine Department of Environmental Protection 
dated August 16, 1994 submitting a corrected page to the July 12, 1994 
SIP revision.

[FR Doc. 95-22152 Filed 9-11-95; 8:45 am]
BILLING CODE 6560-50-P