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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[FL-53-6410; FRL-4877-4]

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: Proposed rule.

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SUMMARY: EPA is proposing to approve 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 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 FDEP on February 24, 1993, to satisfy the federal mandate,

found in section 507 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: To be considered, comments must be received by May 26, 1994.

ADDRESSES: Comments may be mailed to Mr. Carlton R. Layne at the EPA

Region IV address listed below. Copies of the material submitted by

FDEP may be examined during normal business hours at the following

locations:

Environmental Protection Agency, Region IV Air Programs Branch, 345

Courtland Street, Atlanta, Georgia 30365.

Air Resources Management Division, Florida Department of Environmental

Protection, Twin Towers Office Building, 2600 Blair Stone Road,

Tallahassee, Florida 32399-2400.

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 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.

FDEP has met the following requirements of section 507 of Title V

of the CAA by submitting a SIP revision that implements the following

required PROGRAM elements and implementation schedules. The PROGRAM

will be fully implemented by November 15, 1994.

1. Small Business Assistance Program

FDEP has established a Small Business Section (SBS) which will

incorporate the following six requirements set forth in section 507 of

title V 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.

2. Ombudsman

FDEP has appointed a Small Business Ombudsman and established a

Small Business Ombudsman's office which will act as the small business

community's representative as required by section 507(a)(3) of Title V

of the CAA.

3. Compliance Advisory Panel

FDEP established a Small Business Air Pollution Compliance Advisory

Council (SBAP CAP) effective on July 7, 1993, to meet the required

November 1994 deadline of section 507(e) of Title V of the CAA. The

SBAP CAP is composed of seven members as follows:

* * * 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 SBAP CAP has the following four 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 Act1;

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\1\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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(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.

4. Eligibility

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

Business Stationary Source as a source that:

(A) Operates in Florida

(B) Is owned or operated by a person who employs 100 or fewer

individuals,

(C) Is a small business concern as defined in the Small Business

Act;

(D) Is not a major stationary source;

(E) Does not emit 50 tons per year (tpy) or more of any regulated

pollutant; and

(F) Emits less than 75 tpy of all regulated pollutants.

FDEP 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;

(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;

(3) A process 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 comment, of any category or subcategory of

sources that the FDEP determines to have sufficient technical and

financial capabilities to meet the requirements of the CAA.

Proposed Action

In this action, EPA is proposing to approve the PROGRAM SIP

revision submitted by the State of Florida through the FDEP. The public

should be advised that, to be considered, comments must be received by

May 26, 1994.

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 Air

and Radiation. A future document will inform the general public of

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

(OMB) waived Table 2 and 3 SIP revisions from the requirements of

section 3 of Executive Order 12291 for 2 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 waiver until such time as it rules

on US 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.

SIP approvals 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).

By today's action, EPA is proposing to approve a PROGRAM created

for the purpose of assisting small businesses in complying with

existing statutory and regulatory requirements. The program 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 proposed 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, Incorporation by

reference, Intergovernmental relations, Small business stationary

source technical and environmental assistance program.

Authority: 42 U.S.C. 7401-7671q.

Dated: April 14, 1994.

John H. Hankinson, Jr.,

Regional Administrator.

[FR Doc. 94-9941 Filed 4-22-94; 11:23 am]

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