[Federal Register Volume 61, Number 35 (Wednesday, February 21, 1996)]
[Rules and Regulations]
[Pages 6543-6545]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-3790]



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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[FL-59-1-6928a; FRL-5400-7]


Approval and Promulgation of Implementation Plans Florida: 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 Florida through the Florida Department 
of Environmental Protection (FDEP) for the purpose of including the 
Small Business Stationary Source Technical and Environmental Compliance 
Assistance Program rules in the Florida Administrative Code, Chapters 
17-202.100 through 17.202.400. This implementation plan was submitted 
by the State on August 12, 1994.

DATES: This action is effective April 22, 1996 unless notice is 
received March 22, 1996 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 Georgia 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.
Florida Department of Environmental Protection, Twin Towers Office 
Building, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400.

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 

[[Page 6544]]
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 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 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 Florida has 
addressed these requirements and has established a PROGRAM which was 
approved by EPA on February 14, 1995 (See 60 FR 6306). As a result of 
the preceding requirements, the State of Florida through the FDEP on 
August 12, 1994, submitted a revision to include rules for the PROGRAM 
in the Florida Administrative Code, Chapters 17-202.100 through 
17.202.400. The following is a brief description of what each chapter 
addresses:
    1. Chapter 17-202.100 establishes procedures for notifying small 
businesses of their rights and assures an opportunity for public 
comment on any petition filed by any air pollution source seeking 
inclusion in the small business assistance program.
    2. Chapter 17-202.200 identifies the definition of the words and 
phrases used in Chapter 17.202.
    3. Chapter 17-202.300 outlines the procedures for notifying small 
businesses of the rights and obligations to federal and state 
requirements.
    4. Chapter 17-202.400 establishes the procedures that will be used 
by the Department to provide public notice and comments on actions 
taken by the state.

Final Action

    In this action, EPA is approving the SIP revision to include the 
Small Business Stationary Source Technical and Environmental Compliance 
Assistance program in the Florida Administrative Code, Chapter 17-202, 
that was submitted by the State of Florida through the Department of 
Environmental Protection. 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, EPA is proposing to 
approve the SIP revision should adverse or critical comments be filed. 
This action will be effective April 22, 1996 in the Federal Register, 
unless notice is received by March 22, 1996 that adverse or critical 
comments are received.
    If 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 the proposed rule 
published with this action. 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 22, 1996.
    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 22, 
1996. 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).
    This action has been classified as a Table 3 action for signature 
by the Regional Administrator under the procedures published in the 
Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a 
July 10, 1995 memorandum from Mary Nichols, Assistant Administrator for 
Air and Radiation. The Office of Management and Budget (OMB) has 
exempted this regulatory action from E.O. 12866 review.
    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. 
versus Environmental Protection Agency, 427 U.S. 246, 256-66 (S.Ct. 
1976); 42 U.S.C. 7410(a)(2) and 7410(k).
    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.
    Title II of the Unfunded Mandates Reform Act of 1995 (``UMRA''), 
P.L. 104-4, establishes requirements for the Federal agencies to assess 
the effects of their regulatory actions on State, local, and tribal 
governments and the private sector. Under section 202 of the UMRA, EPA 
generally must prepare a written 

[[Page 6545]]
statement, including a cost-benefit analysis, for proposed and final 
rules with ``Federal mandates'' that may result in expenditures to 
State, local and tribal governments, in the aggregate, or to the 
private sector, of $100 million or more in any one year. When a written 
statement is needed for an EPA rule, section 205 of the UMRA generally 
requires EPA to identify and consider a reasonable number of regulatory 
alternatives and adopt the least costly, most cost-effective or least 
burdensome alternative that achieves the objectives of the rule. The 
provisions of section 205 do not apply when they are inconsistent with 
applicable law. Moreover, section 205 allows EPA to adopt an 
alternative other than the least costly, most cost-effective or least 
burdensome alternative if the Administrator publishes with the final 
rule an explanation why that alternative was not adopted. Before EPA 
establishes any regulatory requirements that may significantly or 
uniquely affect small governments, including tribal governments, it 
must have developed under section 203 of the UMRA a small government 
agency plan. The plan must provide for notifying potentially affected 
small governments, giving them meaningful and timely input in the 
development of EPA regulatory proposals with significant federal 
intergovernmental mandates, and informing, educating, and advising them 
on compliance with the regulatory requirements.
    Through submission of the SIP or plan revisions approved in this 
action, the State and any affected local or tribal governments have 
elected to adopt the program provided for under section 175A of the 
Clean Air Act. The submission approved in this action may bind State, 
local and tribal governments to perform certain actions and also may 
ultimately lead to the private sector being required to perform certain 
duties. To the extent that the submission being approved by this action 
will impose or lead to the imposition of any mandate upon the State, 
local or tribal governments either as the owner or operator of a source 
or as a regulator, or would impose or lead to the imposition of any 
mandate upon the private sector, EPA's action will impose no new 
requirements; such 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.
    The EPA has determined that this rule does not contain a Federal 
mandate that may result in expenditures of $100 million or more for 
State, local, or tribal governments in the aggregate, or on the private 
sector, in any one year. Thus, today's rule is not subject to the 
requirements of sections 202 and 205 of the UMRA EPA has determined 
that this rule contains no regulatory requirements that might 
significantly or uniquely affect small governments.

List of Subjects in 40 CFR Part 52

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

    Dated: December 11, 1995.
Patrick M. Tobin,
Acting Regional Administrator.

    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 K--Florida

    2. Section 52.520 is amended by adding paragraph (c)(92) to read as 
follows:


Sec. 52.520  Identification of plan.

* * * * *
    (c) * * * 
    (92) The Florida Department of Environmental Protection has 
submitted revisions to the Florida State Implementation Plan on August 
12, 1994. These revisions address including the Small Business 
Stationary Source Technical and Environmental Program in the Florida 
Administrative Code, Chapter 17-202.
    (i) Incorporation by reference.
    (A) Chapter 17-202, Small Business Stationary Source Technical and 
Environmental Compliance Assistance Program adopted on June 30, 1994.
    (ii) Additional material. None.

[FR Doc. 96-3790 Filed 2-20-96; 8:45 am]
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