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

EVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[TX-20-1-5732a; FRL-5016-8]

Clean Air Act Approval and Promulgation of Title V, Section 507,

Small Business Stationary Source Technical and Environmental Compliance

Assistance Program for Texas

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The EPA is approving the State Implementation Plan (SIP)

revision submitted by the State of Texas for the purpose of

establishing a Small Business Stationary Source Technical and

Environmental Compliance Assistance Program. The SIP revision was

submitted by the State to satisfy the Federal mandate, found in the

Clean Air Act (CAA), to ensure that small businesses have access to the

technical assistance and regulatory information necessary to comply

with the CAA. The rationale for the approval is set forth in this

document; additional information is available at the address indicated

below.

DATES: This action will become effective on October 18, 1994, unless

adverse or critical comments are received by September 19, 1994. If the

effective date is delayed, timely notice will be published in the

Federal Register.

ADDRESSES: Written comments on this action should be addressed to Mr.

Thomas Diggs, Chief (6T-AP), Planning Section, at the EPA Regional

Office listed below. Copies of the documents relevant to this action

are available for public inspection during normal business hours at the

following locations. The interested persons wanting to examine these

documents should make an appointment with the appropriate office at

least 24 hours before the visiting day.

U.S. Environmental Protection Agency, Region 6, Air Programs Branch

(6T-AP), 1445 Ross Avenue, Suite 700, Dallas, Texas 75202-2733.

Air and Radiation Docket and Information Center, U.S. Environmental

Protection Agency, 401 M Street, SW., Washington, DC 20460.

Texas Natural Resource Conservation Commission, Office of Air

Quality, 12124 Park 35 Circle, Austin, Texas 78753.

FOR FURTHER INFORMATION CONTACT: Dr. John Crocker, P.E., Planning

Section (6T-AP), Air Programs Branch, U.S. Environmental Protection

Agency, Region 6, 1445 Ross Avenue, Dallas, Texas 75202-2733, telephone

(214) 665-7596.

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 emissions 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 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, the 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.

The State of Texas submitted a SIP revision to the 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

three 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 Region used section 507 of the CAA when reviewing the State

submittal for approvability. The SIP revision, discussed in detail in

the Technical Support Document, is briefly outlined below.

II. Analysis

A. Procedural Background

The State of Texas has met all of the requirements of section 507

by submitting a SIP revision that implements all required PROGRAM

elements. The Texas Clean Air Act (TCAA), TEXAS HEALTH AND SAFETY CODE

ANN. (Vernon 1992), Sec. 382.0365, ``Small Business Stationary Source

Assistance Program'', enacted by the Texas 1991 legislative session and

effective September 1991, provides authority for the State to establish

a PROGRAM (SIP Appendix A). Included in Sec. 382.0365 of the TCAA are

provisions establishing an SBAP, establishing the SBAP's duties and

responsibilities, creating a State ombudsman, creating a CAP,

establishing membership of the CAP, and establishing CAP duties. In

addition, the State of Texas has the legal authority necessary to

implement the control strategies for the PROGRAM in compliance with the

CAA and the EPA requirements under the provisions of the TCAA,

Secs. 382.0365(f) and 382.017. The Texas Small Business Ombudsman,

Small Business Advocate's Office, is located at the central offices of

the Texas Natural Resource Conservation Commission (TNRCC), Office of

Air Quality, [formerly the Texas Air Control Board (TACB)], in Austin,

Texas.

The State conducted public hearings on September 2, 3, 8, 9, and

10, 1992, to consider public comments on the proposed PROGRAM, which

will amend the Texas SIP to add a revision entitled, ``Revisions to the

State Implementation Plan for the Small Business Stationary Source

Technical and Environmental Compliance Assistance Program, Texas Air

Control Board''. The proposed SIP revision was formally adopted

November 6, 1992, by the TACB. The Texas PROGRAM was submitted to the

EPA by the Governor of Texas on November 13, 1992 (received November

16, 1992) as a revision to the Texas SIP. It was initially reviewed for

completeness and was determined complete on January 15, 1993. The

submittal was then reviewed for approvability by the EPA Region 6 and

EPA Headquarters.

On September 1, 1993, the TACB merged with the Texas Water

Commission to form the TNRCC and is now called the Office of Air

Quality within the TNRCC. The merger did not abrogate, void, or rescind

any rules, regulations, Orders, permits, or any other action previously

taken by the former TACB.

B. Plan Requirements

1. Small Business Assistance Program

The first PROGRAM element is the establishment of a SBAP to provide

technical and compliance assistance to small businesses.

The State has met the first PROGRAM element by committing in its

narrative SIP revision, under subsection I.A.3.c), entitled

``Establishment of a Small Business Assistance Program (SBAP)'', to

establish a SBAP in the TACB, Program Development Division. In order to

establish this PROGRAM element, Sec. 382.0365(a) and (b) of the TCAA

were enacted and provide the legal authority requiring for

establishment of the SBAP with responsibilities consistent with the six

requirements in title V of the Federal CAA. The SBAP will provide

sufficient services to small businesses through the development,

collection, and dissemination of information to small businesses on

matters of (1) Determining applicable requirements under the CAA and

permit issuance; (2) the rights and obligations of small businesses

under the CAA; (3) compliance methods and acceptable control

technologies; (4) pollution prevention and accidental release

prevention and detection; and (5) audit programs. (Details are

presented in the EPA's Technical Support Document and the State's

submittal.)

a. The Texas SBAP is charged with the following duties:

(i) Conducting independent evaluations of all aspects of the SBAP

to determine program effectiveness and continuously improving the

program design;

(ii) Reviewing and providing comments and recommendations to the

Ombudsman's Office, the CAP, EPA, the State, and the local air

pollution control authorities regarding the development and

implementation of regulations that impact small businesses;

(iii) Facilitating and promoting the early participation of small

businesses in the development of new or modified regulations and

policies that impact small businesses;

(iv) Assisting in providing to other State and local authorities,

associations, educational institutions, environmental groups, and the

general public information regarding the applicability of the

requirements of the CAA to small businesses;

(v) Actively promoting and assisting in the dissemination of

information (i.e., upcoming regulations, control technologies, etc.) to

small businesses and other interested parties;

(vi) Participating in and sponsoring meetings and conferences with

State/local air pollution control authorities, industry groups, and

small business representatives;

(vii) Periodically surveying small businesses and other customers

of the SBAP to determine if the work and services provided by the SBAP

to trade associations and small business representatives are adequate;

(viii) Operating a telephone hot line to provide technical and

compliance help on individual source problems;

(ix) Referring small businesses to the appropriate technical

specialists in the community where they may obtain information and

assistance on affordable alternative technologies, process changes,

products, and operational methods to help reduce air pollution and

accidental releases;

(x) Arranging for and assisting in the preparation of guideline

documents to ensure that the technical and compliance information is

available and is readily understandable by the layperson;

(xi) Working with trade associations and small businesses to bring

about voluntary compliance with regulations under the TCAA and the CAA;

(xii) Interfacing with regional and State offices of the Small

Business Administration, Department of Commerce, and/or other State and

Federal agencies that may have programs to financially assist small

businesses in need of funds to comply with environmental regulations

and develop information so that it is readily available to the small

business community;

(xiii) Interfacing with private sector financial institutions to

assist small businesses in locating sources of funds to comply with

State/local air pollution control requirements; and

(xiv) Conducting studies to evaluate the impacts of the TCAA and

the CAA on the State's economy, local economies, and small businesses,

and supporting similar studies conducted by the Ombudsman's Office.

Additional details of the Texas SBAP are presented below.

b. Section 507(a) sets forth six requirements1 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.

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\1\A seventh requirement of section 507(a), establishment of an

Ombudsman office, is discussed in the next section.

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The State has met this requirement. The SBAP will provide a system

for developing, collecting, and coordinating information on compliance

methods and technologies. Data bases and experts in different areas

will provide definitive guidance information.

The SBAP will include:

(i) Methods for disseminating technical and compliance information

to small businesses: The SBAP will act as an information clearinghouse

by referring small businesses to State technical experts, specifically

trained to handle specific questions relevant to achieving compliance

with the CAA. The State has installed and is operating a toll-free

telephone hot line to respond to inquires from small businesses.

Services provided by the SBAP are to be publicized through an

electronic bulletin board, association newsletters, industry groups,

trade associations, and community roundtables. The flow of information

includes two types of components: A proactive component and a reactive

component. The proactive component involves adequate communication with

and information outreach to small businesses in the form of easily

discernable information which specifically details their obligations

under the CAA. The reactive component involves the establishment of a

clearinghouse for handling incoming inquiries from small businesses

regarding methods for achieving compliance with air pollution control

requirements under the CAA. A more detailed description of the SBAP

elements follows.

(ii) Information dissemination methods available to qualified small

businesses are as follows:

(A) An electronic bulletin board will be available 24 hours a day,

seven days a week to provide guidance on applicable rules and

regulations, a calendar of events, a listing of public hearings and

workshops, and a menu of directories that include Federal, State, and

private environmental hot lines and technology centers. The electronic

bulletin board will also provide a mechanism that allows users to

evaluate the system and provide anonymous comments on the program and

information provided; the user can make suggestions. Application forms,

instructions, brochures, and other technical and compliance information

can be requested through the electronic bulletin board. Up-to-date

State and Federal regulations for all media will be available with

search capability for review and selection by qualified small

businesses. The electronic bulletin board is available via computer

modem (phone line) directly on the small business site or at a variety

of locations within the State.

(B) The SBAP will mail, upon request, information outlining the

rights of small businesses and how those rights can be exercised.

(C) Personal visits to small businesses may be made by the SBAP

personnel.

(D) Public service announcements by mass media methods such as

newspapers, radio, and television are available. Videos are also

available upon request.

(E) Area seminars will be conducted by the TACB on a periodic

basis, including seminars at the central Austin, Texas office.

(F) A toll-free hot line to receive technical and compliance

information will be implemented through the SBAP office.

(G) A clearinghouse will be established that will handle incoming

inquiries from small businesses. Access to the electronic bulletin

board, facsimile machine, printer, and other information tools will be

available to staff to respond to the inquiries. Walk-in service will be

provided, as well as electronic, written, and telephone contacts. All

information developed by the SBAP will be available through the

clearinghouse, as well as any appropriate reference materials needed to

comply.

c. 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. The SBAP will assist small

business stationary sources on methods of pollution prevention and

accidental release prevention and detection, including information

concerning different technologies, process changes, products, and

methods of operation that help reduce air pollution. Technical

personnel from the TACB will be available to provide pertinent

information from the regional offices or from the Austin office.

Circumstances and specific emissions will dictate the required

procedure to be followed by the small business stationary sources.

Mechanisms to provide assistance will include the following:

(i) The SBAP will coordinate information relating to pollution

prevention and accidental release prevention and detection with all

Federal, State, and local agencies with environmental jurisdictions;

(ii) The SBAP clearinghouse and electronic bulletin board will

include information on pollution prevention, accidental release

prevention, and detection; and

(iii) A directory of contacts will be developed and made available

of technical experts in the areas of pollution prevention, accidental

release prevention, detection, and familiarity with pollution

prevention technologies and alternatives to reduce pollution.

d. 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 has met this requirement. The State has committed to

establish a small business stationary source compliance assistance

program for determining applicable requirements and permit issuance,

including the following:

(i) Industry-specific information packets will be developed and

made available to small businesses and staff that include information

on rules, regulations, permit requirements, testing, recordkeeping, and

compliance information, as well as self-audit procedures and pollution

prevention methods.

(ii) Inspectors will be provided training on how to educate small

business owners on conducting self-inspections and understanding the

compliance requirements they must meet; and

(iii) Whenever a new policy or rule is promulgated, workshops will

be conducted to inform and educate the specific small business

community on appropriate compliance methods and procedures.

e. 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. The State has committed to

provide methods for notifying small business stationary sources on a

timely basis of their rights under the CAA, including the following:

(i) The SBAP will develop a data base that includes all small

business stationary sources and associations, and will coordinate with

appropriate agency staff to notify affected sources of potential

changes or rules that affect them;

(ii) Formal public notification procedures will be developed and

implemented agencywide that ensure timely notice of small businesses of

their rights and obligations under the CAA; and

(iii) The SBAP will work with trade associations, local agencies,

educational facilities, and community leaders to establish

environmental partnerships to bring about voluntary compliance with

regulations under the CAA through participation and educational

activities.

f. 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 has met this requirement. Methods that are identified in

paragraph II.B.1.b.(ii) above (concerning the first requirement) shall

be utilized by the State to inform small business stationary sources of

their obligations under the CAA, including a program for referring

sources to qualified auditors or for the State to provide for audits of

the operations of such sources to determine if they are within the

rules of the CAA. The audit program will be established no later than

November 15, 1994.

g. The sixth requirement is to develop 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 State has met this requirement. The State will:

(i) Provide a system for collecting and coordinating information on

compliance methods and technologies. Data bases and experts in

different areas will provide definitive guidance information.

(ii) Develop procedures to respond to requests from small business

stationary sources for modification of any work practice or technical

methods of compliance, 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. No such modification may be

granted unless it is in compliance with the applicable requirements of

the CAA.

(iii) Establish approved procedures to provide review of requests

from small businesses for modification of work practice or technical

methods of compliance based on financial and technological capability.

The SBAP core portion of the PROGRAM will be staffed with 18

positions. Hiring of all staff positions to support the Texas SBAP will

be completed by mid-1994. Most of the assistance provided to small

businesses will be managed by this group of staff members with

assistance and input from the Small Business Advocate's (Ombudsman's)

Office. Subsection I.A.3.c) of the SIP, entitled ``Establishment of a

Small Business Assistance Program (SBAP)'', describes the details of

the SBAP, which meet the six requirements set forth in section 507(a),

and stated above. Furthermore, Sec. 382.0365 of the TCAA requires the

establishment of the SBAP and requires the TNRCC to implement this core

portion of the PROGRAM in accordance with the CAA and the EPA

requirements.

2. Ombudsman

The second PROGRAM element is the establishment of a State Small

Business Ombudsman to represent the interests of small businesses in

the regulatory process. 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 hiring the Ombudsman on

February 17, 1992. The Ombudsman reports directly to the TNRCC

Commissioners (previously to the TACB) and is not within the chain of

command of the State agency itself. Thus, the Ombudsman is separate

from the air quality regulatory branch of the State agency, and

therefore can be an independent advocate for small businesses. The

office is located at the central offices of the TNRCC, Office of Air

Quality (previously the TACB) at 12124 Park 35 Circle, Austin, Texas

78753. The office is currently partially staffed and operational, and

has been since October 1992. The Small Business Advocate's

(Ombudsman's) Office will ultimately be staffed with 11 positions by

mid-1994, and the Office is responsible for administering the Ombudsman

element of this PROGRAM. The TCAA, Sec. 382.0365(b)(3) provides the

legal authority for establishment of the Small Business Ombudsman. The

Ombudsman has the authority to request information from other State

agencies that assist small businesses and has the ability to testify

before the Legislature.

a. It shall be the responsibility of the State office to represent

small business stationary sources that require assistance in air

pollution matters.

b. The Ombudsman's Office has an adequate staff that includes

appropriate personnel to assist in all phases of air pollution control.

Specific staffing plans are presented in Appendix C of the SIP.

c. The Ombudsman's Office has been and will be provided adequate

funding to maintain the office.

d. The Ombudsman's Office is charged with the following duties:

(i) Conducting independent evaluations of all aspects of the SBAP;

(ii) Reviewing and providing comments and recommendations to the

EPA, the State, and the local air pollution control authorities

regarding the development and implementation of regulations that impact

small businesses;

(iii) Facilitating and promoting the participation of small

businesses in the development of new regulations that impact small

businesses;

(iv) Assisting in providing to higher authorities and the public

information regarding the applicability of the requirements of the CAA

to small businesses;

(v) Aiding in the dissemination of information (i.e., upcoming

regulations, control technologies, etc.) to small businesses and other

interested parties;

(vi) Participating in and sponsoring meetings and conferences with

State/local air pollution control authorities, industry groups, and

small business representatives;

(vii) Periodically reviewing the work and services provided by the

SBAP with trade associations and small business representatives;

(viii) Operating a telephone hot line to provide help on individual

source problems and grievances;

(ix) Referring small businesses to the appropriate specialists in

the SBAP where they may obtain information and assistance on affordable

alternative technologies, process changes, products, and operational

methods to help reduce air pollution and accidental releases;

(x) Arranging for and assisting in the preparation of guideline

documents by the SBAP to ensure that the language is readily

understandable by the layperson;

(xi) Working with trade associations and small businesses to bring

about voluntary compliance with regulations under the CAA;

(xii) Interfacing with regional and State offices of the Small

Business Administration, the Department of Commerce, and/or other State

and Federal agencies that may have programs to financially assist small

businesses in need of funds to comply with environmental regulations;

(xiii) Interfacing with private sector financial institutions to

assist small businesses in locating sources of funds to comply with

State/local air pollution control requirements; and

(xiv) Conducting studies to evaluate the impacts of the CAA on the

State's economy, local economies, and small businesses. Copies of

studies will be available upon request to the Ombudsman's Office.

Thus, it shall be the responsibility of the Small Business

Advocate's Office to monitor the PROGRAM. The Office shall:

(A) Since February 1992, serve as ombudsman for small businesses in

accordance with the Federal mandate of section 507 of the 1990 CAA; and

(B) Work with the SBAP to develop programs and provide assistance

to small businesses in all areas, as necessary.

Sufficient resources will be provided to the State Advocate's

Office to enable it to discharge its responsibilities effectively.

Provisions have been made to provide the Ombudsman with direct access

to the government agencies and officials necessary to ensure that the

concerns of small businesses will be heard. Further, the Ombudsman is

vested with sufficient authority to identify and propose solutions to

small business problems as they relate to the implementation of the

CAA. The narrative SIP revision, subsection I.A.3.a) entitled

``Designation of a State Office to Serve as Ombudsman for Small

Businesses'', describes the details of the Ombudsman element of the

PROGRAM. Section 382.0365 of the TCAA requires the establishment of the

Ombudsman and requires the TNRCC to implement this element in

accordance with the CAA and the EPA requirements.

3. Compliance Advisory Panel (CAP)

The third PROGRAM element is the creation of a CAP to determine and

report on the overall effectiveness of the SBAP. Section 507(e)

requires the State to establish a CAP 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 committing to appoint members

to the Panel by November 1994. Section 382.0365 of the TCAA creates the

State Compliance Advisory Panel with responsibilities consistent with

the requirements in title V of the Federal CAA and specifies the

panel's make-up, qualifications, and duties. Adequate support sources

and sufficient resources to conduct business will be provided to the

Panel by the Ombudsman. The TNRCC, Office of Air Quality (formerly the

TACB), will assist in the formation of the seven-member CAP.

Although section 507 of the CAA requires selection by the majority

and minority leadership of the House and Senate, the EPA believes that,

given the makeup of the State's legislature, as required by the State's

constitution, Texas' selection complies with section 507 of the CAA.

Texas has a bicameral legislature. There are constitutional provisions

providing for leadership of the Senate and House in the Office of the

Lieutenant Governor (President of the Senate) and in the Office of the

Speaker of the House. However, there are no positions in the Texas

legislature which equate to majority and minority leaders, as in the

national Congress. In accordance with section 507(e) of the Federal

CAA, Sec. 382.0365(c) of the Texas Health and Safety Code provides for

the composition of the CAP. Pursuant to Sec. 382.0365(c), both the

Lieutenant Governor and the Speaker of the House, who are the

equivalent Texas entities for purposes of legislative selection of CAP

members, shall each select two members. It is the EPA's position that

this appointment mechanism complies with the legislative intent of

section 507(e). Appendix D of the SIP revision submittal discusses the

State's constitutional/statutory legislative process for all

appointment procedures. Minority leadership is represented in the

appointments made by the Lieutenant Governor and the Speaker of the

House, since the Lieutenant Governor is elected State-wide, and the

Speaker is elected by the entire House. The EPA believes that the

process for designation of CAP members by the two legislative leaders

meets the intent of section 507(e).

In addition to establishing the minimum membership of the CAP, the

CAA delineates four responsibilities of the Panel:

(1) To render advisory opinions concerning the effectiveness of the

SBAP, difficulties encountered, and the degree and severity of

enforcement actions;

(2) To periodically report to the 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\;

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\2\Section 507(e)(1)(B) of the CAA 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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(3) To review and assure that information for small business

stationary sources is easily understandable; and

(4) To develop and disseminate the reports and advisory opinions

made through the SBAP.

The State has met these requirements (A) by enacting the State law

creating the CAP and providing it with the enumerated responsibilities,

and (B) by committing to appoint members to the Panel by November 1994.

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 State of Texas has established a mechanism 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. This mechanism is described in the

State's narrative SIP revision, subsection I.A.4. entitled ``Source

Eligibility''.

The State of Texas has provided 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.

The State has also provided 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 hearing, of any category or subcategory of

sources that the State determines to have sufficient technical and

financial capabilities to meet the requirements of the CAA.

III. Final Action

In this action, the EPA is approving the SIP revision submitted by

the State of Texas for establishing a Small Business Stationary Source

Technical and Environmental Compliance Assistance Program.

The State of Texas has submitted a SIP revision for establishing

each of the required PROGRAM elements required by section 507 of the

CAA. The EPA has reviewed this revision to the Texas SIP and is

approving it as submitted because the State's PROGRAM meets the

requirements of section 507 of the CAA. The SIP includes a schedule of

implementation, which commits the State to have all three principal

PROGRAM elements fully implemented by November 15, 1994. SIP schedule

implementation milestones are being tracked and monitored by the Region

as part of the State's normal PROGRAM review. Currently, Texas has

partially staffed and initiated the SBAP, designated and partially

staffed the State Office to serve as Small Business Ombudsman, and

created a CAP (and appointed five of its seven members). The CAP's

initial meeting will be held by November 15, 1994. The State is

implementing a model program with most elements in place well ahead of

the EPA deadline of November 15, 1994 to have a fully operational

program.

The EPA is publishing this action without prior proposal because

the Agency views this as a noncontroversial amendment and anticipates

no adverse comments. However, EPA has published a simultaneous proposed

rule in this Federal Register. This direct final action will be

effective October 18, 1994, unless adverse or critical comments are

received by September 19, 1994. If the EPA receives such comments, this

action will be withdrawn, and all public comments received will be

addressed in a subsequent final rule that is based on the proposed rule

(please see the brief proposed rule published in this issue of the

Federal Register). 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 October 18, 1994.

The EPA has reviewed this request for revision of the federally-

approved SIP for conformance with the provisions of the 1990 Clean Air

Act Amendments enacted on November 15, 1990. The EPA has determined

that this action conforms with those requirements.

Nothing in this action should be construed as permitting or

allowing or establishing a precedent for any future request for

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.

Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., the 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, the 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, the 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 in

this action 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.

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. The Office of Management and Budget has exempted

this regulatory action from Executive Order 12866 review.

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 18, 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, Small business assistance program.

Note: Incorporation by reference of the SIP for the State of

Texas was approved by the Director of the Federal Register on July

1, 1982.

Dated: July 1, 1994.

W.B. Hathaway,

Acting Regional Administrator (6A).

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 SS--Texas

2. Section 52.2270 is amended by adding paragraph (c)(85) to read

as follows:

Sec. 52.2270 Identification of plan.

* * * * *

(c) * * *

(85) The State is required to implement a Small Business Stationary

Source Technical and Environmental Compliance Assistance Program

(PROGRAM) as specified in the plan revision submitted by the Governor

on November 13, 1992. This plan submittal, as adopted by the Texas Air

Control Board (TACB) on November 6, 1992, was developed in accordance

with section 507 of the Clean Air Act (CAA).

(i) Incorporation by reference.

(A) Texas Clean Air Act (TCAA), TEXAS HEALTH AND SAFETY CODE ANN.

(Vernon 1992), Sec. 382.0365, ``Small Business Stationary Source

Assistance Program'', enacted by the Texas 1991 legislative session and

effective September 1, 1991. Included in TCAA, Sec. 382.0365, are

provisions establishing a small business assistance program (SBAP), an

Ombudsman, and a Compliance Advisory Panel (CAP); establishing

membership of the CAP; and addressing the responsibilities and duties

of the SBAP, Ombudsman, and the CAP.

(B) TACB Order No. 92-22, as adopted by the TACB on November 6,

1992.

(C) Appendix C, ``Schedule of Implementation'', appended to the

narrative SIP Revision entitled, ``Revisions to the State

Implementation Plan for the Small Business Stationary Source Technical

and Environmental Compliance Assistance Program, Texas Air Control

Board; November 1992''.

(ii) Additional material.

(A) Narrative SIP Revision entitled, ``Revisions to the State

Implementation Plan for the Small Business Stationary Source Technical

and Environmental Compliance Assistance Program, Texas Air Control

Board; November 1992''.

(B) TACB certification letter dated November 10, 1992, and signed

by William R. Campbell, Executive Director, TACB.

(C) Legal opinion letter dated October 15, 1992 from Kirk P.

Watson, Chairman, TACB, to Mr. B.J. Wynne, III, Regional Administrator,

EPA Region 6, regarding the composition of the Small Business

Compliance Advisory Panel for Texas.

3. Section 52.2307 is added to read as follows:

Sec. 52.2307 Small business assistance program.

The Governor of Texas submitted on November 13, 1992 a plan

revision to develop and implement a Small Business Stationary Source

Technical and Environmental Compliance Assistance Program to meet the

requirements of section 507 of the Clean Air Act by November 15, 1994.

The plan commits to provide technical and compliance assistance to

small businesses, hire an Ombudsman to serve as an independent advocate

for small businesses, and establish a Compliance Advisory Panel to

advise the program and report to the EPA on the program's

effectiveness.

[FR Doc. 94-20345 Filed 8-18-94; 8:45 am]

BILLING CODE 6560-50-P