[Federal Register Volume 61, Number 28 (Friday, February 9, 1996)]
[Rules and Regulations]
[Pages 4901-4902]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-2828]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52

[NV23-1-7219a; FRL-5338-8]


Clean Air Act Approval and Promulgation of Title V, Section 507, 
Small Business Stationary Source Technical and Environmental Compliance 
Assistance Program for Nevada

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action on revisions to the Nevada 
State Implementation Plan. On May 3, 1995 EPA published the Notice of 
Proposed Rulemaking to partially approve and partially disapprove the 
State Implementation Plan (SIP) revision submitted by the State of 
Nevada for the purpose of establishing a Small Business Stationary 
Source Technical and Environmental Compliance Assistance Program 
(PROGRAM). The cause of the proposed disapproval has since been 
corrected by the State. Thus, EPA is finalizing approval of these 
revisions into the Nevada SIP under provisions of the CAA regarding EPA 
action on SIP submittals and plan requirements for establishing a 
PROGRAM.

DATES: This action is effective on April 9, 1996 unless adverse or 
critical comments are received by March 11, 1996. If the effective date 
is delayed, a timely notice will be published in the Federal Register.

ADDRESSES: Copies of the documents relevant to this action are 
available for public inspection during normal business hours at the 
following locations: U.S. Environmental Protection Agency, 75 Hawthorne 
Street, San Francisco, CA 94105.

U.S. Environmental Protection Agency, Air Docket 6102, 401 ``M'' Street 
SW., Washington, DC 20460.
Nevada Division of Environmental Protection, Bureau of Air Quality, 123 
West Nye Lane, Room 123, Carson City, NV 89710.

FOR FURTHER INFORMATION CONTACT: R. Michael Stenburg, A-1, U.S. 
Environmental Protection Agency, 75 Hawthorne Street, San Francisco, CA 
94105, (415) 744-1182.

SUPPLEMENTARY INFORMATION:

1. Background

    Implementation of the provisions of the Clean Air Act (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. Small 
businesses frequently lack the technical expertise and financial 
resources necessary to evaluate such regulations and to determine the 
appropriate mechanisms for compliance. 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 
the Environmental Protection Agency (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 

[[Page 4902]]
further guidance to the States on submitting acceptable SIP revisions.
    On June 28, 1994, the State of Nevada submitted a SIP revision to 
EPA in order to satisfy the requirements of Section 507. 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. A detailed discussion of the background for each of the above 
PROGRAM elements is provided in the May 3, 1995 Federal Register Notice 
of Proposed Rulemaking (NPR) 60 FR 21781. EPA proposed to partially 
disapprove the June 28, 1994 submittal for not satisfying the 
Compliance Advisory Panel requirements for indicating an implementation 
schedule of milestones showing when the officials will be appointed and 
when the program will be operational and for not indicating that the 
Compliance Advisory Panel will review and assure that information for 
small business stationary sources is easily understandable. On June 20, 
1995 the State held a public hearing which adopted an implementation 
schedule and the aforementioned procedure for insuring information is 
understandable by the layperson. On July 5, 1995 the State submitted 
the corresponding SIP revision which became effective on July 5, 1995.
    EPA has evaluated all of the above PROGRAM elements for consistency 
with the requirements of the CAA and the EPA policy guidance document. 
EPA has found that all the PROGRAM elements now meet the applicable EPA 
requirements. A detailed discussion of the background for each of the 
above PROGRAM elements is provided both in this Federal Register and in 
the May 3, 1995 Federal Register Notice of Proposed Rulemaking (NPR).

II. Response to Public Comments

    A 30-day public comment period was provided in the May 3, 1995 
Federal Register NPR. EPA received no public comments.

III. Final Action

    EPA is approving the SIP revisions submitted by the State of 
Nevada. The revisions were made to satisfy the requirements of Section 
507 of the CAA.
    EPA is publishing this document 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 April 9, 1996, unless, by March 11, 1996, 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 April 9, 1996.
    The OMB has exempted this action from review under Executive Order 
12866.
    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.
    By this action, EPA is approving a State program created for the 
purpose of assisting small businesses in complying with existing 
statutory and regulatory requirements. The program being approved today 
does not impose any new regulatory burden on small businesses; it is a 
program under which small businesses 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.

List of Subjects in 40 CFR Part 52

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

    Note: Incorporation by reference of the State Implementation 
Plan for the State of Nevada was approved by the Director of the 
Federal Register on July 1, 1982.

    Dated: November 20, 1995.
Felicia Marcus,
Regional Administrator.

    Part 52, 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 DD--Nevada

    2. Section 52.1470 is amended by adding paragraphs (c) (34) and 
(35) to read as follows:


Sec. 52.1470  Identification of plan.

* * * * *
    (c) * * *
    (34) Program elements were submitted on June 28, 1994 by the 
Governor's designee.
    (i) Incorporation by reference.
    (A) Small Business Stationary Source Technical and Environmental 
Compliance Assistance Program, adopted on June 28, 1994.
    (35) Program elements were submitted on July 5, 1995 by the 
Governor's designee.
    (i) Incorporation by reference.
    (A) Small Business Stationary Source Technical and Environmental 
Compliance Assistance Program, adopted on July 5, 1995.

[FR Doc. 96-2828 Filed 2-8-96; 8:45 am]
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