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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[SC-27-1-6735a; FRL-5145-8]

Approval and Promulgation of Implementation Plans South Carolina:

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 South Carolina through the South

Carolina Department of Health and Environmental Control 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 January 20, 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 final rule is effective April 25, 1995 unless notice is

received March 27, 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 South 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 South Carolina Department of Health and Environmental

Control, Environmental Quality Control, Bureau of Air Quality Control,

2600 Bull Street, Columbia, South Carolina 29201.

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 x4195.

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. 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 South Carolina

has addressed these requirements and established a PROGRAM as described

below.

1. Small Business Assistance Program (SBAP)

South 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 South Carolina acknowledges the heart of the PROGRAM

is the Small Business Assistance Program (SBAP), which resides within

the Department of Health and Environmental Control. The SBAP

[[Page 10324]] will provide an information clearinghouse and refer

small businesses to State technical experts within the Department who

are trained to handle specific questions relevant to achieving

compliance with the CAA. In addition, the SBAP will provide for the

collection and dissemination of information to small businesses on

determining applicable requirements under the CAA, permit issuance,

small businesses' rights and obligations, compliance methods,

acceptable control technologies, pollution prevention, accidental

release prevention and detection, audit programs and procedures, and

other matters deemed useful or necessary by the Department. The

specific mechanisms for collection and dissemination of information

will be developed by the Ombudsman. The SBAP also will consider

requests from small business stationary sources for modifications of

work practices, technological methods of compliance, or compliance

procedures and provide guidance as necessary. The SBAP will utilize, on

an as needed basis, the services of other in-state entities with

expertise in various aspects related to the PROGRAM.

The dissemination of information to small businesses in South

Carolina through the SBAP involves both a proactive and a reactive

component. The Ombudsman will actively advertise the SBAP to ensure the

regulated communities are aware of their obligations under the CAA. The

reactive component takes place after the regulated community recognizes

that there is or could be some obligation on their part to comply with

the CAA. The Department is committed to supporting the proactive

component of the program through newspapers, radio, and TV

announcements and advertisements. Public service announcements will be

used to the maximum extent possible. Informational packets will be

distributed. Other avenues for disseminating information will be

utilized through the Secretary of State's office, the South Carolina

State Development Board, the Environmental Quality Control Advisory

Board, the Federal Small Business Assistance Office, the Chambers of

Commerce's Technical Committee, the General Assembly's Joint Liaison on

Small Business, other appropriate State offices, public hearings, and

by the identification of potentially affected sources by the

Department. Reactive components of the SBAP include the installation of

a toll-free hot line to facilitate contacting the Department and the

designation of the point-of-contact on the Department's staff to handle

inquiries. The Ombudsman will be the primary point-of-contact who will

either handle the question or direct the inquirer to the appropriate

source within the Department for assistance. Other sources of

information include the following: public hearings on rule changes,

control technology guidelines, EPA's Control Technology Center, the

Emissions Measurement Technical Information Center, the Emergency

Planning and Community Right to Know Hotline, EPA Regional Offices,

other state's air programs and industry and trade groups.

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; and participate and sponsor meetings and

conferences on air quality requirements, pollution prevention, and

other regulatory issues.

The Department will maintain lists of environmental consulting

companies that perform auditing services and will make the lists

available upon request. For those sources unable to afford consultants,

the Department will conduct a consultation audit to assess the need for

control measures and/or a permit to operate.

A small business may petition the Department to modify work

practices, compliance methods or implementation schedules in accordance

with established procedures as described in the SIP.

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.

South Carolina has appointed a Small Business Ombudsman and established

the Office of the Ombudsman within the Department of Environmental

Quality Control. Through that office, the Ombudsman will have direct

access to the Governor, the Commissioner, the Chief of the Air

Pollution Program, and other state and Federal agencies. The Ombudsman

will have the necessary autonomy to function independently of the air

program.

3. Compliance Advisory Panel

Section 507(e) of the CAA requires the State to establish a 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

both the house and the senate 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. South Carolina established a CAP

with a membership consistent with the aforementioned CAA requirements.

The SBAP will serve as the secretariat to the CAP in the development

and dissemination or reports, advisory opinions, and other information.

The duties of the CAP include: providing advisory opinions to the

EPA and the Department regarding the effectiveness of the state PROGRAM

and the difficulties encountered by small businesses in meeting the

mandates of the CAA; reviewing information for small business

stationary air pollution sources to assure such information is

understandable to the lay person; 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

South Carolina 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; and

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

and emits less than 75 tpy of all regulated pollutants.

South 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

[[Page 10325]] 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 South Carolina through the Department of Health and

Environmental Control. This action is being taken without prior

proposal because the changes are noncontroversial and EPA anticipates

no significant comments on them. The public should be advised that this

action will be effective April 25, 1995. However, if notice is received

by March 27, 1995 someone wishes to submit adverse or critical

comments, this action will be withdrawn and two subsequent documents

will be published before the effective date. One document will withdraw

the final action and another will begin a new rulemaking by announcing

a proposal of the action and establishing a comment period.

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 April 25,

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 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 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.

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.

Dated: January 12, 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 PP--South Carolina

2. Section 52.2120 is amended by adding paragraph (c)(38) to read

as follows:

Sec. 52.2120 Identification of plan.

* * * * *

(c) * * *

(38) The South Carolina Department of Health and Environmental

Control has submitted revisions to the South Carolina Air Quality

Implementation Plan on November 12, 1993. These revisions address the

requirements of section 507 of title V of the Clean Air Act and

establish the Small Business Stationary Source Technical and

Environmental Program.

(i) Incorporation by reference.

(A) The submittal of the state of South Carolina's Small Business

Assistance Program which was adopted on September 9, 1993.

(ii) Additional material. None.

[FR Doc. 95-4629 Filed 2-23-95; 8:45 am]

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