Clean Air Act Approval and Promulgation of Title V, Section 507, Small Business Stationary Source Technical and Environmental Compliance Assistance Programs for the States of North Dakota and Utah

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[ND4-1-5670, UT8-1-5842; FRL-4823-9]

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

Small Business Stationary Source Technical and Environmental Compliance

Assistance Programs for the States of North Dakota and Utah

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rulemaking.

-----------------------------------------------------------------------

SUMMARY: On August 25, 1993 EPA published the notices of proposed

rulemaking to approve the State Implementation Plan (SIP) revisions

submitted by the States of North Dakota and Utah for the purpose of

establishing a Small Business Stationary Source Technical and

Environmental Compliance Assistance Program (PROGRAM) in each State.

The implementation plans were submitted by the States to satisfy the

Federal mandate, found in section 507 of 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 was set forth in the proposals. No comments

were received pursuant to these proposed actions. Therefore, EPA is

proceeding with its approval of the revisions to the North Dakota and

Utah SIPs for establishing a PROGRAM in each State.

EFFECTIVE DATE: This rule will become effective on February 10, 1994.

ADDRESSES: Copies of the documents relevant to this action are

available for public inspection during normal business hours at: Air

Programs Branch, Environmental Protection Agency, Region VIII 999 18th

Street, Suite 500, Denver, Colorado 80202-2405.

FOR FURTHER INFORMATION CONTACT: Laura Farris, Mail Code-8ART-AP, USEPA

Region VIII, 999 18th Street, Suite 500, Denver, Colorado 80202-2405,

(303) 294-7539.

SUPPLEMENTARY INFORMATION:

I. Background of Revisions

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 further

guidance to the States on submitting acceptable SIP revisions.

The States of North Dakota and Utah submitted SIP revisions to EPA

in order to satisfy the requirements of section 507 of the CAA. In

order to gain full approval, the State's submittals 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

required by section 507(a);

(2) The establishment of a State Small Business Ombudsman to

represent the interests of small businesses in the regulatory process

which is required by section 507(a)(3); and

(3) The creation of a Compliance Advisory Panel (CAP) to determine

and report on the overall effectiveness of the SBAP required by section

507(e).

II. Summary of Submittals

The State of North Dakota has met all of the requirements of

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

required PROGRAM elements. N.D.C.C. sections 23-25-02 and 23-25-03

grants the Department the authority to undertake the elements of the

PROGRAM. The Governor, through Executive Order 1992-5, established the

Small Business Compliance Advisory Panel. The North Dakota State

Department of Health and Consolidated Laboratories (the Department)

formally adopted the SIP revision on October 23, 1992, which identifies

a plan to implement the PROGRAM. This SIP revision is being added to

the North Dakota SIP as section 12. The North Dakota PROGRAM was

submitted to EPA by the Governor of North Dakota on November 2, 1992,

and was initially reviewed for administrative and technical

completeness. In a letter dated December 15, 1992, EPA requested

additional information from the State in order to make a positive

determination on the submittal. After receiving the additional

information on January 18, 1993, EPA notified the State in a letter

dated February 2, 1993, that the submittal was administratively and

technically complete. The submittal then underwent review by EPA

headquarters, and received a concurrence from all reviewers.

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

SIP revision section 12.5 to meet the six requirements set forth in

section 507(a)(3) for the Small Business Assistance Program. The State

has met the second PROGRAM element by locating the position of the

Small Business Ombudsman in the Office of the Chief of the

Environmental Health Section effective April 6, 1992, as stated in its

SIP revision section 12.3. The State has met the third PROGRAM element

through Executive Order 1992-5 dated May 21, 1992, issued by the

Governor of North Dakota, which established a Small Business Compliance

Advisory Panel in the State of North Dakota, and by outlining in its

SIP revision section 12.4 the functions of the CAP and how the members

will be determined, which is consistent with section 507(e).

Additionally, the State of North Dakota 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

contained in section 12.2 of the State's SIP revision.

The State of Utah has met all of the requirements of section 507 by

submitting a SIP revision that implements all required PROGRAM

elements. Section 19-2-109.2 of the Utah Code Annotated, 1953, as

amended authorizes the Utah Air Quality Board to establish a SBAP, and

create a Compliance Advisory Panel. A new section 17, which is a plan

for implementation of the SBAP, will be added to the Utah SIP. R307-2

of the Utah Air Conservation Rules incorporates this SIP revision by

reference. The Utah PROGRAM was submitted to EPA by the Governor of

Utah on November 9, 1992, with supplemental information sent on

November 5, 1992, and January 11, 1993. EPA notified the State in a

letter dated December 30, 1992, that the submittal was administratively

and technically complete. The submittal then underwent review by EPA

headquarters, and received a concurrence from all reviewers.

The State of Utah has met the first PROGRAM element by committing

in section 17.3 of its regulations to meet the six requirements set

forth in section 507(a)(3) of the CAA for the Small Business Assistance

Program. The State of Utah has met the second PROGRAM element by

locating the Office of the Small Business Ombudsman in the Department

of Environmental Quality, Office of the Executive Director, as stated

in section 17.5.1 of its regulations. The State of Utah has met the

third PROGRAM element by outlining in sections 17.4.1 and 2 of its

regulations the functions of the CAP and how the members will be

determined, which is consistent with section 507(e) of the CAA.

Additionally, the State of Utah 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

contained in section 17.2 of the State's regulations.

III. Final Action

EPA is approving the SIP revisions submitted by the States of North

Dakota and Utah. The revisions were made to satisfy the requirements of

section 507 of the CAA.

This action has been classified as a Table 3 action by the Acting

Regional Administrator under the procedures published in the Federal

Register on January 19, 1989 (54 FR 2214-2225). On January 6, 1989, the

Office of Management and Budget (OMB) waived Table 2 and 3 SIP

revisions (54 FR 2222) from the requirement of section 3 of Executive

Order 12291 for a period of two years. The USEPA 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 USEPA's request. This request continues in effect under

Executive Order 12866 which superseded Executive Order 12291 on

September 30, 1993.

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 two State programs created for the

purpose of assisting small businesses in complying with existing

statutory and regulatory requirements. These programs do not impose any

new regulatory burdens on small businesses; they are programs under

which small businesses may elect to take advantage of assistance

provided by the States. 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.

Dated: December 28, 1993.

Jack W. McGraw,

Acting 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 JJ--North Dakota

2. Section 52.1833 is added to subpart JJ to read as follows:

Sec. 52.1833 Small business assistance program.

The Governor of North Dakota submitted on November 2, 1992 a plan

to develop and implement a Small Business 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 EPA on the program's

effectiveness.

Subpart TT--Utah

3. Section 52.2348 is added to subpart TT to read as follows:

Sec. 52.2348 Small business assistance program.

The Governor of Utah submitted on November 9, 1992 a plan to

develop and implement a Small Business 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 EPA on the program's effectiveness.

[FR Doc. 94-661 Filed 1-10-94; 8:45 am]

BILLING CODE 6560-50-F