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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[TN-107-1-6200a; FRL-5198-3]

Approval and Promulgation of Implementation Plans, Tennessee:

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

Environmental Compliance Assistance Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is approving revisions to the State Implementation Plan

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

Department of Environment and Conservation for the purpose of

establishing a Small Business Stationary Source Technical and

Environmental Compliance Assistance Program (PROGRAM), which will be

fully implemented by November 15, 1994. This implementation plan was

submitted by the State on February 23, 1993, to satisfy the federal

mandate to ensure that small businesses have access to the technical

assistance and regulatory information necessary to comply with the

Clean Air Act as amended in 1990 (CAA).

DATES: This action will be effective July 7, 1995, unless notice is

received by June 7, 1995 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: Written comments should be addressed to: Ms. Kimberly

Bingham, Regulatory Planning and Development Section, Air Programs

Branch, Air, Pesticides & Toxics Management Division, Region 4

Environmental Protection Agency, 345 Courtland Street, NE., Atlanta,

Georgia 30365.

Copies of the material submitted by the State of Tennessee 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 4 Air Programs Branch, 345

Courtland Street, NE., Atlanta, Georgia 30365.

Division of Air Pollution Control, Tennessee Department of Environment

and Conservation, L & C Annex, 9th Floor, 401 Church Street, Nashville,

Tennessee 37243-1531.

FOR FURTHER INFORMATION CONTACT: Ms. Kimberly Bingham, Regulatory

Planning and Development Section, Air Programs Branch, Air, Pesticides

& Toxics Management Division, Region 4 Environmental Protection Agency,

345 Courtland Street, NE., Atlanta, Georgia 30365. The telephone number

is 404/347-3555 extension 4195.

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 [[Page 22516]] SIP. In addition, the CAA directs the EPA to

oversee the 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 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 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 plan must also determine

the eligibility of small business stationary sources for assistance in

the PROGRAM. The plan includes the duties, funding and schedule of

implementation for the three PROGRAM components.

Section 507(a) and (e) of the CAA set forth requirements the State

must meet to have an approvable PROGRAM. The State of Tennessee has

addressed these requirements and established a PROGRAM as described

below.

1. Small Business Assistance Program (SBAP)

Tennessee has established a mechanism to implement 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 assist 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.

The State of Tennessee Department of Environment and Conservation

has established the Division of Clean Air Assistance within the Bureau

of Resources Management with the responsibility of establishing a

clearinghouse of relevant technical and regulatory literature to

disseminate to the small business community. A mailing list of both

trade groups and interested parties will be maintained as a basis for

information distribution. Seminars, workshops, public service

announcements, an on-line electronic bulletin board, and other

appropriate educational mechanisms will be utilized by the Division.

The Division will provide assistance regarding compliance methods,

control technologies, pollution prevention and accidental release

information and detection. The Division will disseminate information on

compliance which is easily understandable to a nontechnical audience as

well as handle inquiries on specific methods for achieving compliance

with state and federal regulations. The Division staff will develop

information packages addressing all topics germane to the SBAP,

including: compliance, pollution prevention, legal rights under the

CAA, permitting assistance, notification of rights, audits and source

modification. A toll free number has been installed and has been

functioning for several months. Through a variety of outreach

techniques, the SBAP staff will inform small business stationary

sources of their obligations under the CAA. The SBAP staff has compiled

and maintains a current source list of persons and organizations

capable of providing technical expertise and support to answer specific

inquiries and compliance assistance in determining applicable

requirements of state and federal rules and regulations, determining

the necessity of a permit and identifying alternatives for achieving

compliance with state and local regulations.

The staff or representatives of the Division will either conduct

audits of small business stationary air pollution sources or contract

such audits to qualified auditors to facilitate the assessment of

options and requirements to ensure compliance with regulations and the

CAA. The Division will also develop procedures for consideration of

requests from a source with regards to modification of work practices,

compliance methods or implementation schedules.

The Department is committed to cross media coordination and through

the Bureau of Resources Management, has procedures in place to provide

assistance to small businesses on issues related to solid waste,

hazardous waste, groundwater, water pollution, etc., as well as air

pollution. This activity extends to the Department's contract with the

University of Tennessee where technical assistance on waste reduction

and pollution prevention is available to private industry across media

lines.

2. Ombudsman

Section 507(a)(3) of the CAA requires the designation of a state

office to serve as the Ombudsman for small business stationary sources.

Tennessee has appointed a Small Business Ombudsman and established the

office of Tennessee Small Business Ombudsman to represent the interests

of small businesses as they come under the regulation of the CAA. The

Ombudsman's position was established in the Department of Environment

and Conservation to report directly to the Assistant Commissioner.

Organizationally, the position is independent of the Division of Air

Pollution Control and all other regulatory programs.

3. Compliance Advisory Panel

Section 507(e) of the CAA 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

[[Page 22517]] member selected by the head of the agency in charge of

the Air Pollution Permit Program. Tennessee established a seven member

CAP with a membership consistent with the aforementioned CAA

requirements. The makeup of the CAP is prescribed as required by the

CAA and administrative support will be provided by the Department to

fulfill all the responsibilities under the CAA.

The duties of the CAP include: providing overall direction and

oversight to the Tennessee Division of Clean Air Assistance and the

Ombudsman in their specific responsibilities and duties; rendering

advisory opinions regarding the effectiveness of the Tennessee Division

of Clean Air Assistance, the difficulties encountered, and the degree

and severity of enforcement; reviewing information for small business

stationary air pollution sources to assure such information is

understandable by the layperson; and to make periodic reports to the

Administrator of the Environmental Protection Agency in accordance with

the requirements of the Paperwork Reduction Act, the Regulatory

Flexibility Act, and the Equal Access to Justice Act.

4. Source Eligibility

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

Business Stationary Source as a source that:

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

individuals;

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

Act;

(3) Is not a major stationary source as defined in Titles I and III

of the CAA;

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

pollutant; and

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

Tennessee 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; and (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 Department determines to

have sufficient technical and financial capabilities to meet the

requirements of the CAA.

Final Action

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

by the State of Tennessee through the Tennessee Department of

Environment and Conservation. The EPA is publishing this action without

prior proposal because the Agency views this as a noncontroversial

amendment and anticipates no adverse comments. However, in a separate

document in this Federal Register publication, the EPA is proposing to

approve the SIP revision should adverse or critical comments be filed.

This action will be effective July 7, 1995 unless, by June 7, 1995,

adverse or critical comments are received. If the EPA receives such

comments, this action will be withdrawn before the effective date by

publishing a subsequent document that will withdraw the final action.

All public comments received will then be addressed in a subsequent

final rule based on this action serving as a proposed rule. 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 July 7, 1995.

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 July 7, 1995. 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)).

The OMB has exempted these actions from review under Executive

Order 12866.

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.

By today's action, the USEPA is approving a State program created

for the purpose of assisting small business stationary sources in

complying with existing statutory and regulatory requirements. The

program being approved today does not impose any new regulatory burden

on small business stationary sources; it is a program under which small

business stationary sources may elect to take advantage of assistance

provided by the State. Therefore, because the USEPA'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.

SIP approvals under 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.

Environmental Protection Agency, 427 U.S. 246, 256-66 (S.Ct. 1976); 42

U.S.C. 7410(a)(2) and 7410(k)(3).

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: April 17, 1995.

Patrick M. Tobin,

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 RR--Tennessee

2. Section 52.2220 is amended by adding paragraph (c)(117) to read

as follows:

Sec. 52.2220 Identification of plan.

* * * * * [[Page 22518]]

(c) * * *

(117) The Tennessee Department of Environment and Conservation has

submitted revisions to the Tennessee State Implementation Plan. These

revisions 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) Revision to the Tennessee State Implementation Plan to

Incorporate Small Business Assistance Program as Required by the Clean

Air Act Amendments of 1990, approved by the Tennessee Air Pollution

Control Board on February 10, 1993.

(ii) Additional information--None.

[FR Doc. 95-10978 Filed 5-5-95; 8:45 am]

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