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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[NC-60-1-6736a; FRL-5198-1]

Approval and Promulgation of Implementation Plans, North

Carolina: Title V, Section 507, Small Business Stationary Source

Technical and Environmental Compliance Assistance Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

SUMMARY: EPA is approving revisions to the State Implementation Plan

(SIP) submitted by the State of North Carolina through the North

Carolina Department of Environment, Health and Natural Resources 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 July 10, 1992, 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 June 7, 1995 that someone wishes to submit adverse or critical

comments. If the [[Page 22513]] effective date is delayed, timely

notice will be published in the Federal Register.

ADDRESSES: Written comments should be addressed to: 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 North Carolina 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.

State of North Carolina Department of Environment, Health and Natural

Resources, Division of Environmental Management, P.O. Box 29535,

Raleigh, North Carolina 27626-0535.

FOR FURTHER INFORMATION CONTACT: 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 ext. 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 SIP. In addition, the CAA directs the EPA to oversee the small

business assistance programs (SBAP) 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 North Carolina

has addressed these requirements and established a PROGRAM as described

below.

1. Small Business Assistance Program (SBAP)

North Carolina 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 North Carolina Department of Environment, Health and

Natural Resources has charged the Air Quality Section with the

responsibility of implementing the SBAP. The SBAP consists of

headquarters and regional staff. In addition, contractors will be

utilized whenever technical expertise is not available or is deemed

more cost effective. The Office of Waste Reduction provides technical

assistance in the areas of pollution prevention, accidental release and

prevention and other multi-media waste reduction strategies. Other

state agencies are part of the SBAP network to provide other

specialized assistance.

The SBAP will assist small businesses in determining applicable

requirements and will provide information on permit issuance,

compliance methods, acceptable control technologies, pollution

prevention, accidental release prevention and detection, and audit

programs. The SBAP will inform small businesses about their rights

under the CAA; assist in the preparation of guidance documents and

ensure that technical and compliance information is available to the

small business community and the general public; answer regulatory

questions raised by small businesses and provide them with clean air

compliance information; obtain information and counsel from other

appropriate state agencies; participate and sponsor meetings and

conferences on air quality requirements, pollution prevention, and

other regulatory issues; and provide technical assistance for the Air

Quality Compliance Advisory Panel.

Using the technology transfer network of the EPA and resources of

the National Pollution Roundtable and regional pollution prevention

agencies, the SBAP operates a clearinghouse of relevant technical and

regulatory literature to disseminate to the small business community.

The SBAP develops and distributes pamphlets, brochures and booklets to

small businesses explaining permit requirements, control requirements

and sources of information. This information is developed cooperatively

with the Ombudsman's office and the Air Quality

[[Page 22514]] Compliance Advisory Panel. The SBAP sponsors workshops

and seminars to provide small businesses with information and

assistance on complying with the air quality regulations. Technical

hotline questions are handled by the SBAP and appropriate experts are

located to provide any additional necessary assistance to small

businesses. The SBAP also assists in providing information on financial

assistance to small businesses. Print, television and radio media, as

well as other venues, are being utilized to disseminate information. A

toll-free hotline has been functioning successfully for over a year.

The SBAP is working with the Office of Waste Reduction, North

Carolina State University and the community college system, and the

private sector to assist small businesses in obtaining audits of their

operations to determine compliance. The SBAP will develop and maintain

a list of consultants that do audits. In addition, a self-audit

checklist will be developed.

A small business may petition the Environmental Management

Commission to modify or adopt a rule, modify work practices, compliance

methods or implementation schedules in accordance with established

procedures as described in published rules.

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.

North Carolina has appointed a Small Business Ombudsman and established

the Office of the Ombudsman within the Department of Environment,

Health and Natural Resources. This is a non-regulatory office within

the Department which reports directly to the Director of the Division

of Environmental Management. The office is independent of the Air

Quality Section and other regulatory programs. The Ombudsman is the

primary liaison to small business and has the authority to recommend

legislative and regulatory changes, including recommendations regarding

fees, affecting small businesses to the Environmental Management

Commission and to the Secretary of the Department. The Ombudsman works

closely with the Governor's office, the North Carolina legislature, the

Secretary of the Department, the Director of the Division of

Environmental Management, Environmental Management Commission members,

and other private and public leaders necessary to communicate the

interests of small businesses.

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 will be selected by the state

legislature who are owners, or represent owners, of small businesses.

The majority and minority leadership in the state legislature shall

each appoint one member of the panel. One member will be selected by

the head of the agency in charge of the Air Pollution Permit Program.

North Carolina established a CAP with a membership consistent with the

aforementioned CAA requirements. The Governor will name the chairperson

from the aforementioned membership. The SBAP will serve as the

secretariat to the CAP in the development and dissemination of reports,

advisory opinions, and other information.

The duties of the CAP include: Rendering advisory opinions

regarding the effectiveness of the state PROGRAM, the difficulties

encountered by small businesses in meeting the mandates of the CAA, and

provide suggestions on ways to help small businesses comply with

regulatory requirements; reviewing information for small business

stationary air pollution sources to assure such information is

understandable to the general public; 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

Section 507(c)(1) states that any small business stationary source

that meets the following requirements is eligible for assistance under

the PROGRAM.

(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;

and

(3) Emits less than 100 tons per year (tpy) of any regulated pollutant

or less than 10 tpy of a Hazardous Air Pollutant or 25 tpy or less of a

combination of Hazardous Air Pollutants.

The State of North Carolina has adopted these eligibility

requirements and will provide assistance to small business stationary

sources who emit less than 100 tons per year of any regulated

pollutant. Also, the program is available to any business with

insufficient financial and technical resources to meet the CAA

requirements. Priority will be given to smaller businesses directly

impacted by the CAA.

North Carolina 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 North Carolina through the Department of Environment,

Health and Natural Resources. 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 [[Page 22515]] 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 Act, 42 U.S.C. 7607 (b)(2).)

The Office of Management and Budget 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, EPA 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 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. 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 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).

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 II--North Carolina

2. Section 52.1770 is amended by adding paragraph (c)(79) to read

as follows:

Sec. 52.1770 Identification of plan.

* * * * *

(c) * * *

(79) The North Carolina Department of Environment, Health and

Natural Resources has submitted revisions to the North Carolina SIP on

July 19, 1993. 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) North Carolina's Small Business Stationary Source Technical and

Environmental Compliance Assistance Program which was adopted on May

12, 1994.

(ii) Other material. None.

[FR Doc. 95-10981 Filed 5-5-95; 8:45 am]

BILLING CODE 6560-50-P