Approval and Promulgation of Implementation Plans Mississippi: Title V, Section 507, Small Business Stationary Source Technical and Environmental Compliance Assistance Program

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[MS18-1-5924; FRL-4848-6]

Approval and Promulgation of Implementation Plans Mississippi:

Title V, Section 507, Small Business Stationary Source Technical and

Environmental Compliance Assistance Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is approving revisions to the State Implementation Plan

(SIP) submitted by the State of Mississippi through the Mississippi

Department of Environmental Quality (MDEQ) for the purpose of

establishing a Small Business Stationary Source Technical and

Environmental Compliance Assistance Program (PROGRAM), which will be

fully implemented by November 1994. This implementation plan was

submitted by MDEQ on November 19, 1992, to satisfy the Federal mandate

of the Clean Air Act as amended in 1990 (CAA), to ensure that small

businesses have access to the technical assistance and regulatory

information necessary to comply with the CAA.

DATES: This final rule is effective May 17, 1994, unless notice is

received by April 18, 1994, 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: Comments may be mailed to Mr. Carlton R. Layne at the EPA

Region IV address listed. Copies of the material submitted by MDEQ 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 IV Air Programs Branch,345

Courtland Street, Atlanta, Georgia 30365.

Air Quality Division, Mississippi Department of Environmental

Quality, 2380 Highway 80 West, Jackson, Mississippi 39289.

FOR FURTHER INFORMATION CONTACT: Mr. Carlton R. Layne of the EPA Region

IV Air Programs Branch at 404-347-2864 or at the above address.

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 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 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.

MDEQ has met or will meet all of the following requirements of

section 507 of the CAA by submitting a SIP revision that implements the

following required PROGRAM elements and implementation schedules.

12/31/92 Reviewed legal authority and draft legislation.

05/30/93 Passage of all needed legislation accomplished.

09/15/93 Selection of Small Business Ombudsman and SBAP Manager-A

person has been named to serve in an acting capacity for both

positions pending authorization of funding by the State legislature.

Funding is expected to be in place by 07/01/94, and positions will

be filled as soon as possible following that date.

07/31/94 Organization of Compliance Advisory Panel-The CAP has been

appointed and organized and held meetings on 10/28/93 and 01/20/94.

11/15/94 Full Implementation of PROGRAM.

EPA concurs with the above listed implementation schedule.

1. Small Business Assistance Program

MDEQ has named an Acting Small Business Assistance Program Manager

and established a Small Business Assistance Program (SBAP) which will

incorporate the following six requirements set forth in section 507 of

the CAA:

A. The establishment of 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 comply with the CAA;

B. The establishment of 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;

C. The development of a compliance and technical assistance program

for small business stationary sources which assists small businesses in

determining applicable permit requirements under the CAA in a timely

and efficient manner;

D. The development of adequate mechanisms to assure that small

business stationary sources receive notice of their rights under the

CAA 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

CAA;

E. The development of adequate mechanisms for informing small

business stationary sources of their obligations under the CAA,

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 CAA; and

F. The development of 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.

It is anticipated these goals will be achieved by the proposed

implementation date.

2. Ombudsman

MDEQ has appointed an Acting Small Business Ombudsman and

established a Small Business Ombudsman's office which reports directly

to the head of the Office of Pollution Control and also which will act

as the small business community's representative as required by section

507(a)(3) of the CAA. A fully operational ombudsman's office is

expected to be in place by the proposed implementation date.

3. Compliance Advisory Panel

In accordance with the State statute dated April 4, 1993, MDEQ

established a Small Business Air Pollution Compliance Advisory Council

(SBAP CAP) to meet the requirements section 507(e) of the CAA. As

described in a January 20, 1994, letter from the Department of

Environmental Quality, Mississippi does not have majority and minority

leaderships in its Senate and House of Representatives. To reflect

political realities within the State of Mississippi, the SBAP CAP is

composed of seven members appointed as follows:

A. One member representing the Air Pollution Control Program of the

Department of Environmental Quality;

B. Two members who are not owners or representatives of owners of

small businesses, appointed by the Governor;

C. Two members who each shall be the owner or representative of

owners of small businesses, appointed by the Speaker of the House of

Representatives; and

D. Two members who each shall be the owner or representative of

owners of small businesses, appointed by the Lieutenant Governor (who

presides over the Senate).

The SBAP CAP has the following three responsibilities: (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 EPA concerning the SBAP's

adherence to the principles of the Paperwork Reduction Act, the Equal

Access to Justice Act, and the Regulatory Flexibility Act3; and

(3) to review and assure that information for small business stationary

sources is easily understandable.

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\3\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

MDEQ has incorporated section 507(c)(1) and defined a Small

Business Stationary Source as a 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, 13 CFR Part 121;

(C) Is not a major stationary source as defined in titles I and III

of the CAA;

(D) Does not emit 50 tons or more per year of any regulated air

pollutant; and

(E) Emits less than 75 tons per year of all regulated air

pollutants.

MDEQ has established the following mechanisms as required by

section 507: (1) A process 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; and (2) A process 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.

Final Action

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

by the State of Mississippi through the MDEQ. This action is being

taken without prior proposal because the changes are noncontroversial

and EPA anticipates no significant comments on them. The public should

be advised that this action will be effective May 17, 1994. However, if

notice is received by April 18, 1994, that someone wishes to submit

adverse or critical comments, this action will be withdrawn and two

subsequent documents will be published before the effective date. One

document will withdraw the final action and another will begin a new

rulemaking by announcing a proposal of the action and establishing a

comment period.

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 May 17,

1994. 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 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 Shapiro, Acting Assistant Administrator for

Office of Air and Radiation. A future notice will inform the general

public of these tables. On January 6, 1989, the Office of Management

and Budget (OMB) waived Table 2 and Table 3 SIP revisions (54 FR 2222)

from the requirements of section 3 of Executive Order 12291 for two

years. The EPA has submitted a request for a permanent waiver for Table

2 and Table 3 SIP revisions. The OMB has agreed to continue the

temporary waiver until such time as it rules on EPA's request. This

request continues in effect under Executive Order 12866 which

superseded Executive Order 12291 on September 30, 1993.

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.

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 proposed for

approval 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. Because the EPA's

approval of this program does not impose any new regulatory

requirements on small businesses, I therefore certify 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, Small business stationary

source technical and environmental assistance program.

Dated: March 4, 1994.

Donald J. Guinyard,

Acting Regional Administrator.

Part 52 of 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 Z--Mississippi

2. Section 52.1270 is amended by adding paragraph (c) (23) to read

as follows:

Sec. 52.1270 Identification of plan.

* * * * *

(c) * * *

(23) The Mississippi Department of Environmental Quality has

submitted revisions to chapter 15 of the Mississippi Statute on

November 19, 1992. These revision address the requirements of section

507 of title V of the CAA and establish the Small Business Stationary

Source Technical and Environmental Assistance Program (PROGRAM).

(i) Incorporation by reference.

(A) Mississippi SIP chapter 15 effective December 19, 1992.

(ii) Additional information.

(A) January 20, 1994, letter of clarification regarding the

appointment of the CAP.

[FR Doc. 94-6020 Filed 3-17-94; 8:45 am]

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