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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[NV9-1-6574; FRL-5201-8]

Clean Air Act Partial Approval and Partial Disapproval and

Promulgation of Title V, Section 507, Small Business Stationary Source

Technical and Environmental Compliance Assistance Program for Nevada

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of proposed rulemaking.

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SUMMARY: The EPA today proposes to partially approve and partially

disapprove the State Implementation Plan (SIP) revision submitted by

the State of Nevada for the purpose of establishing a Small Business

Stationary Source Technical and Environmental Compliance Assistance

Program (PROGRAM). The implementation plan was submitted by the State

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 partial approval and partial disapproval is set

forth in this document; additional information is available at the

address indicated below.

DATES: Comments on this proposed action must be received in writing by

June 2, 1995. Public comments on this document are requested and will

be considered before taking final action on this SIP revision.

ADDRESSES: Comments can be mailed to the U.S. Environmental Protection

Agency, Division Director, Air and Toxics Division, 75 Hawthorne

Street, San Francisco, CA 94105, Attention: R. Michael Stenburg.

Copies of the State's submittal and EPA's technical support

document are available for inspection during normal business hours at

the following locations: (1) U.S. Environmental Protection Agency, 75

Hawthorne Street, San Francisco, CA 94105; (2) Nevada Division of

Environmental Protection, Bureau of Air Quality, 123 West Nye Lane,

Room 123, Carson City, NV 89710.

FOR FURTHER INFORMATION CONTACT: R. Michael Stenburg, A-1, U.S.

Environmental Protection Agency, 75 Hawthorne Street, San Francisco, CA

94105, (415) 744-1102.

SUPPLEMENTARY INFORMATION:

I. Background

Implementation of the provisions of Title V 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 State of Nevada has submitted a SIP revision to 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

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. Analysis

1. Small Business Assistance Program

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. The [[Page 21782]] State has met this requirement by

describing a satisfactory program that, when operational, would utilize

a variety of outreach techniques to disseminate information to small

business stationary sources. These efforts include distributing fact

sheets, working with industry trade groups, conducting seminars,

developing newsletters for industry-specific mailing lists,

disseminating news media articles and developing videotapes. In

addition, the State will provide statewide toll-free access to the

Small Business Assistance Program, develop a library of reference

materials, organize an information clearinghouse and utilize electronic

bulletin boards to receive and communicate regulatory information.

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

Ombudsman office, is discussed in the next section.

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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 by describing a satisfactory program

that, when operational, would provide sources with technical

information and assistance on air pollution prevention, including

technical assistance on process changes and methods of operation that

help reduce air pollution. Resources utilized will include the

Pollution Prevention Information Clearinghouse which provides

information on pollution prevention programs, an electronic database

and a toll-free hotline. In addition, the State will help sources

develop plans for accidental release prevention and detection. This

effort will be coordinated with the appropriate local, state and

federal programs. Resources utilized will include a Chemical Safety

Audit Program to provide mechanisms for examining process management

systems and preventing accidental releases of hazardous air pollutants.

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 by describing a satisfactory program

that, when operational, would provide clear and timely compliance

advice and assistance to small businesses, including permit assistance,

and technical assistance on compliance options such as alternative

technologies and material substitution. The state will provide this

assistance using informational materials available on request,

statewide toll free access to SBAP, staff presentations at workshops

for key target groups and coordination through the appropriate trade

associations and industry groups.

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 by describing a

satisfactory program that, when operational, will notify sources of

their rights and responsibilities under the Clean Air Act and Nevada

Statutes and Regulations through preparation and distribution of

information materials, as well as in providing direct technical

assistance.

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 by describing a satisfactory program

that, when operational, would inform small business sources of their

obligations under the Act through preparation and distribution of

information materials, as well as providing direct technical

assistance. Compliance assessments will be provided by the State free

of charge to sources and will not involve regulatory or enforcement

actions unless a clear and immediate danger is identified. The State

will also provide sources with a list of qualified auditors.

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 by specifying

administrative procedures for small businesses to request modifications

of work practices, compliance methods and the implementation for work

practices or compliance methods,

The State has provided supplementary written information describing

an implementation schedule of milestones showing when the programs will

be operational, what the program resources will be and where the

programs will be located organizationally.

2. Ombudsman

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 providing supplementary written information

describing a milestone schedule showing when the Ombudsman will be

operational. This position will be located within the Nevada State

Environmental Commission office. The Ombudsman will serve as an

advocate for small business stationary sources in the investigation and

resolution of complaints and disputes against the State or local air

pollution control agencies. The Ombudsman will also aid in the

dissemination of information to small businesses and other interested

parties and will encourage small businesses to participate in the

development of regulations that affect them.

3. Compliance Advisory Panel

Section 507(e) requires the State to establish a Compliance

Advisory Panel (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 not met this requirement because it has

not indicated an implementation schedule of milestones showing when the

officials will be appointed and when the program will be operational.

The composition of the seven member panel will be in accordance with

the Clean Air Act requirements.

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 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\ (3) to

[[Page 21783]] 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 partially met these requirements by specifying that, when

operational, the panel will evaluate the effectiveness of the SBAP,

issue advisory opinions, prepare periodic reports to EPA regarding the

program's compliance with the Paperwork Reduction Act, the Regulatory

Flexibility Act and the Equal Access to Justice Act. The State has not

indicated that the CAP will review and assure that information for

small business stationary sources is easily understandable.

\2\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

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 Nevada has not established a definition of a small

business and therefore has not established procedures for including or

excluding sources from that definition. Although the program has been

developed to assist small businesses, the State has determined that

assistance will be provided to any business seeking assistance.

III. Today's Action

In today's action, EPA is proposing to partially approve and to

partially disapprove the SIP revision submitted by the State of Nevada.

The submittal does not adequately meet all of the requirements for the

Compliance Advisory Panel. EPA is proposing to partially approve this

submittal for satisfying all of the requirements for the Small Business

Assistance Program, the Ombudsman and most of the requirements for the

Compliance Advisory Panel. EPA is also proposing to partially

disapprove this submittal for not satisfying the Compliance Advisory

Panel requirements for indicating an implementation schedule of

milestones showing when the officials will be appointed and when the

program will be operational and for not indicating that the Compliance

Advisory Panel will review and assure that information for small

business stationary sources is easily understandable. If the State

submits the necessary information to correct these deficiencies before

EPA goes final, then EPA will fully approve the submittal.

The OMB has exempted this action from review under Executive Order

l2866.

Under the Regulatory Flexibility Act, 5 U.S.C. Sec. 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 today's action, EPA is partially approving a State program

created for the purpose of assisting small businesses in complying with

existing statutory and regulatory requirements. The program being

partially approved 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. Therefore,

because the EPA's partial 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, Intergovernmental

relations.

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

Dated: April 24, 1995.

John Wise,

Acting Regional Administrator.

[FR Doc. 95-10880 Filed 5-2-95; 8:45 am]

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