# Approval and Promulgation of Title V, Section 507, Small Business Stationary Source Technical and Environmental Compliance Assistance Program for Massachusetts > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3A94-19846 ## Record - **Collection:** Federal Register - **Document type:** Uncategorized Document - **Published:** August 15, 1994 ## Text ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [MA-20-1-6469; A-1-FRL-5004-4] Approval and Promulgation of Title V, Section 507, Small Business Stationary Source Technical and Environmental Compliance Assistance Program for Massachusetts AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: EPA is conditionally approving a State Implementation Plan (SIP) revision submitted by the Commonwealth of Massachusetts for the purpose of establishing a small business stationary source technical and environmental compliance assistance program (PROGRAM). The SIP revision 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 (CAA). The rationale for this conditional approval is set forth in this final rule; additional information is available at the address indicated below. EFFECTIVE DATE: This final rule will become effective on September 14, 1994. ADDRESSES: 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, SW., (LE-131), Washington, DC. 20460; and the Department of Environmental Protection, One Winter Street, 7th floor, Boston, MA 02108. FOR FURTHER INFORMATION CONTACT: Emanuel Souza, Jr., (617) 565-3248. SUPPLEMENTARY INFORMATION: I. Background 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. 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 PROGRAM, and submit this PROGRAM as a revision to the Federally approved SIP. In addition, the CAA directs the EPA to oversee these 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. On January 12, 1994 (59 FR 1695), EPA published a notice of proposed rulemaking (NPR) for the Commonwealth of Massachusetts. The NPR proposed conditional approval of the State's PROGRAM. The formal SIP revision was submitted by Massachusetts on November 13, 1992 and July 22, 1993. A more detailed account of EPA's action can be found in the proposed rule. 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. II. Summary of Submittal EPA reviewed Massachusetts' PROGRAM and is conditionally approving it pursuant to section 110(k)(4) of the CAA. This approval is on the condition that Massachusetts meet its commitment to submit documentation to EPA by November 15, 1994 of adequate legal authority to establish and implement a compliance advisory panel incorporating all the elements listed in section 507(e) of the CAA. Additionally, the PROGRAM must be fully operational by November 15, 1994. Other specific requirements of this SIP revision and the rationale for EPA's action are explained in the NPR and will not be restated here. One comment letter was received in support of EPA's approval of Massachusetts' PROGRAM. Final Action EPA is conditionally approving the SIP revision submitted by the DEP on November 13, 1992 and July 22, 1993 as a revision to the Massachusetts SIP. The State must submit to EPA by November 15, 1994 documentation of adequate legal authority which allows a compliance advisory panel to be established and implemented, incorporating all the elements listed in section 507(e) of the CAA; the PROGRAM must also be fully operational by that date. If the State fails to do so, this approval will become a disapproval on that date. EPA will notify the State by letter that this action has occurred. At that time, this commitment will no longer be a part of the approved Massachusetts SIP. EPA subsequently will publish a document in the Federal Register notifying the public that the conditional approval automatically converted to a disapproval. If the State meets its commitment, within the applicable time frame, the conditionally approved submission will remain a part of the SIP until EPA takes final action approving or disapproving the new legislative authority. If EPA disapproves the new submittal, the conditionally approved small business program will also be disapproved at that time. If EPA approves the submittal, the small business program will be fully approved in its entirety and replace the conditionally approved program in the SIP. If the conditional approval is converted to a disapproval, such action will trigger EPA's authority to impose sanctions under section 110(m) of the CAA at the time EPA issues the final disapproval or on the date the State fails to meet its commitment. In the latter case, EPA will notify the State by letter that the conditional approval has been converted to a disapproval and that EPA's sanctions authority has been triggered. In addition, the final disapproval triggers the federal implementation plan (FIP) requirement under section 110(c). Pursuant to section 507(b)(3), EPA will provide for implementation of the program provisions required under section 507(a)(4) in any State that fails to submit such a program under that subsection. Therefore, EPA would have to provide for a compliance assistance program which assists small business stationary sources in determining applicable requirements and in receiving permits under the CAA. Conditional approvals of SIP submittals under section 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. U.S. E.P.A., 427 U.S. 246, 256-66 (S.Ct. 1976); 42 U.S.C. 7410(a)(2). If the conditional approval is converted to a disapproval under section 110(k), based on the State's failure to meet the commitment, it will not affect any existing state requirements applicable to small entities. Federal disapproval of the state submittal does not affect its state-enforceability. Moreover, EPA's disapproval of the submittal does not impose a new federal requirement. Therefore, EPA certifies that this disapproval action does not have a significant impact on a substantial number of small entities because it does not remove existing state requirements nor does it substitute a new federal requirement. 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. The Office of Management and Budget has exempted this action from Executive Order 12866 Review. Nothing in this action should be construed as permitting or allowing or establishing a precedent for any future request for revision to any State implementation plan. Each request for revision to the State implementation plan shall be considered separately in light of specific technical, economic, and environmental factors and in relation to relevant statutory and regulatory requirements. 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 October 14, 1994. 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 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 Massachusetts was approved by the Director of the Federal Register on July 1, 1982. Dated: June 17, 1994. 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 W--Massachusetts 2. Section 52.1119 is added to subpart W to read as follows: Sec. 52.1119 Identification of plan--conditional approval. (a) The following plan revisions were submitted on the dates specified. (1) On November 13, 1992, the Massachusetts Department of Environmental Protection submitted a small business stationary source technical and environmental compliance assistance program (PROGRAM). On July 22, 1993, Massachusetts submitted a letter clarifying portions of the November 13, 1992 submittal. In these submissions, the State commits to submit adequate legal authority to establish and implement a compliance advisory panel and to have a fully operational PROGRAM by November 15, 1994. (i) Incorporation by reference. (A) Letter from the Massachusetts Department of Environmental Protection dated November 13, 1992 submitting a revision to the Massachusetts State Implementation Plan. (B) State Implementation Plan Revision for a Small Business Technical and Environmental Compliance Assistance Program dated November 13, 1992. (ii) Additional materials. (A) Letter from the Massachusetts Department of Environmental Protection dated July 22, 1993 clarifying portions of Massachusetts' November 13, 1992 SIP revision. [FR Doc. 94-19846 Filed 8-12-94; 8:45 am] BILLING CODE 6560-50-M --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A94-19846. Public record. Not legal advice.