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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[GA-21-2-5930a; FRL-5321-6]

Approval and Promulgation of Implementation Plans; Georgia: 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 Georgia through the Georgia

Environmental Protection Division for the purpose of establishing a

Small Business Stationary Source Technical and Environmental Compliance

Assistance Program (PROGRAM). This implementation plan was originally

submitted by the State on November 13, 1992. On September 27, 1995, the

State of Georgia resubmitted the SIP establishing the PROGRAM and

formally requested to withdraw the November 13, 1992, submittal. This

PROGRAM satisfies 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 is effective April 2, 1996, unless notice is

received March 4, 1996 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 Georgia 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

Environmental Protection Division, Air Protection Branch, 4244

International Parkway, Suite 120, Atlanta, Georgia 30354.

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

[[Page 3822]]

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 Georgia has

addressed these requirements and established a PROGRAM as described

below.

1. Small Business Assistance Program (SBAP)

The State of Georgia 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 and in receiving permits

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 Georgia acknowledges the heart of the PROGRAM is the

Small Business Assistance Program (SBAP), which resides in the Air

Protection Branch within the Environmental Protection Division. The

SBAP will provide an information clearinghouse and refer small

businesses to State technical experts within the Branch 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 Division. 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 Georgia

through the SBAP involves both a proactive and a reactive component.

The SBAP will actively advertise the PROGRAM 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 Division is committed to supporting the proactive component of

the program which includes, but is not limited to the following:

utilizing the Georgia Department of Industry and Trade manufacturing

directory; providing informational packets which describe in layman

terms compliance and technical information relevant to small businesses

as required by the Act; and holding meetings throughout the State with

interested parties. Reactive components of the SBAP include: the

designation of a trained technical specialist to handle inquiries from

small businesses; a technical specialist to interface with the Air

Protection Branch's engineering, permitting, and compliance programs

for needed information; and an information clearinghouse of information

from EPA's technical support services, other state ombudsman offices,

and professional organizations.

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 on air

quality requirements, pollution prevention, and other regulatory

issues.

A small business may petition the Division 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.

Georgia has appointed a Small Business Ombudsman and established the

Office of the Ombudsman within the Environmental Protection Division.

Through that office, the Ombudsman will have access to the Governor,

the Director of the Environmental Protection Division, the Chief of the

Air Protection Branch, and other state and Federal agencies. The

Ombudsman will

[[Page 3823]]

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

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 both the house and the senate

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

by the Chief of the Air Protection Branch. The State of Georgia has

established a CAP with a membership consistent with the aforementioned

CAA requirements.

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

EPA regarding the effectiveness of the state PROGRAM, the difficulties

encountered by small businesses, and the severity of enforcement;

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

development and dissemination of reports, advisory opinions, and other

information.

4. Source Eligibility

Georgia has incorporated section 507(c)(1) of the CAA 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.

Georgia 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 Division determines to have

sufficient technical and financial capabilities to meet the

requirements of the CAA.

Final Action

In this action, EPA is approving the SIP revision establishing a

Small Business Stationary Source Technical and Environmental Compliance

Assistance program submitted by the State of Georgia through the

Environmental Protection Division. 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,

EPA is proposing to approve the SIP revision should adverse or critical

comments be filed. This action will be effective April 2, 1996 unless,

by March 4, 1996, adverse or critical comments are received.

If 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 the proposed rule

published with this action. 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 April 2, 1996.

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 2, 1996. 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).)

This action has been classified as a Table 3 action for signature

by the Regional Administrator under the procedures published in the

Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a

July 10, 1995 memorandum from Mary Nichols, Assistant Administrator for

Air and Radiation. The Office of Management and Budget (OMB) has

exempted this regulatory action from E.O. 12866 review.

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 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. Environmental Protection Agency, 427 U.S. 246,

256-66 (S.Ct. 1976); 42 U.S.C. sections 7410(a)(2) and 7410(k).

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.

Title II of the Unfunded Mandates Reform Act of 1995 (``UMRA''),

P.L. 104-4, establishes requirements for the Federal agencies to assess

the effects of their regulatory actions on State, local, and tribal

governments and the private sector. Under section 202 of the UMRA, EPA

generally must prepare a written

[[Page 3824]]

statement, including a cost-benefit analysis, for proposed and final

rules with ``Federal mandates'' that may result in expenditures to

State, local and tribal governments, in the aggregate, or to the

private sector, of $100 million or more in any one year. When a written

statement is needed for an EPA rule, section 205 of the UMRA generally

requires EPA to identify and consider a reasonable number of regulatory

alternatives and adopt the least costly, most cost-effective or least

burdensome alternative that achieves the objectives of the rule. The

provisions of section 205 do not apply when they are inconsistent with

applicable law. Moreover, section 205 allows EPA to adopt an

alternative other than the least costly, most cost-effective or least

burdensome alternative if the Administrator publishes with the final

rule an explanation why that alternative was not adopted. Before EPA

establishes any regulatory requirements that may significantly or

uniquely affect small governments, including tribal governments, it

must have developed under section 203 of the UMRA a small government

agency plan. The plan must provide for notifying potentially affected

small governments, giving them meaningful and timely input in the

development of EPA regulatory proposals with significant federal

intergovernmental mandates, and informing, educating, and advising them

on compliance with the regulatory requirements.

Through submission of the SIP or plan revisions approved in this

action, the State and any affected local or tribal governments have

elected to adopt the program provided for under section 175A of the

Clean Air Act. The submission approved in this action may bind State,

local and tribal governments to perform certain actions and also may

ultimately lead to the private sector being required to perform certain

duties. To the extent that the submission being approved by this action

will impose or lead to the imposition of any mandate upon the State,

local or tribal governments either as the owner or operator of a source

or as a regulator, or would impose or lead to the imposition of any

mandate upon the private sector, EPA's action will impose no new

requirements; such sources are already subject to these requirements

under State law. Accordingly, no additional costs to State, local, or

tribal governments, or to the private sector, result from this action.

The EPA has determined that this rule does not contain a Federal

mandate that may result in expenditures of $100 million or more for

State, local, or tribal governments in the aggregate, or on the private

sector, in any one year. Thus, today's rule is not subject to the

requirements of sections 202 and 205 of the UMRA EPA has determined

that this rule contains no regulatory requirements that might

significantly or uniquely affect small governments.

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Incorporation by

reference, Intergovernmental relations, Reporting and recordkeeping

requirements.

Dated: October 17, 1995.

Patrick M. Tobin,

Acting Regional Administrator.

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 L--Georgia

2. Section 52.570 is amended by adding paragraph (c)(43) read as

follows:

Sec. 52.570 Identification of plan.

* * * * *

(c) * * *

(43) The Georgia Environmental Protection Division has submitted

revisions to the Georgia State Implementation Plan on September 27,

1995. 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 Georgia's Small Business

Stationary Source Technical and Environmental Compliance Assistance

Program which was adopted on July 20, 1995.

(ii) Additional Material. None.

* * * * *

[FR Doc. 96-1926 Filed 2-1-96; 8:45 am]

BILLING CODE 6560-50-P