Clean Air Act Approval and Promulgation of Title V, Section 507, Small Business Stationary Source Technical and Environmental Compliance Assistance Program; New Jersey and the U.S. Virgin Islands

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[Region 2 Docket No. NJ12-3-157a, VI2-3-158a; FRL-5637-8]

Clean Air Act Approval and Promulgation of Title V, Section 507,

Small Business Stationary Source Technical and Environmental Compliance

Assistance Program; New Jersey and the U.S. Virgin Islands

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The EPA is fully approving the State Implementation Plan (SIP)

revisions submitted by the States of New Jersey and the U.S. Virgin

Islands for the establishment of Compliance Advisory Panels under their

Small Business Stationary Source Technical and Environmental Compliance

Assistance Programs. The SIP revisions were submitted by New Jersey and

the Virgin Islands to satisfy the Federal mandate, found in the Clean

Air Act (CAA), that states create a Compliance Advisory Panel which is

authorized to determine the state's effectiveness in ensuring that

small businesses have access to the technical assistance and regulatory

information necessary to comply with the CAA. The rationale for the

approval is set forth in this document; additional information is

available at the address indicated in the Addresses section.

DATES: This rule is effective on December 23, 1996 unless adverse or

critical comments are received by November 22, 1996. If the effective

date is delayed, timely notice will be published in the Federal

Register.

ADDRESSES: Copies of all of New Jersey's and the Virgin Islands'

submittals are available for inspection during normal business hours at

the EPA Region 2 Office, 290 Broadway, 25th Floor, New York, New York

10007-1866. In addition, copies can be found at the New Jersey

Department of Environmental Protection, Office of Permit Information

and Assistance, 401 East State Street, Trenton, New Jersey, attention:

Chuck McCarty; and the Virgin Islands Department of Planning and

Natural Resources, Division of Environmental Protection, Wheatley

Shopping Center #2, St. Thomas, VI 00802, attention: Marilyn Stapleton.

[[Page 54949]]

All comments should be addressed to: Ronald J. Borsellino, Chief,

Air Programs Branch, Environmental Protection Agency, Region 2 Office,

290 Broadway, New York, New York 10007-1866.

FOR FURTHER INFORMATION CONTACT: Christine Fazio, Permitting Section,

Air Programs Branch, at the above EPA address or at telephone number

(212) 637-4015.

SUPPLEMENTARY INFORMATION:

I. Background

Implementation of the provisions 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 (Final Guidelines) 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.

In order to gain full approval, the state submittal must provide

for each of the following PROGRAM components: (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.

EPA proposed to conditionally approve New Jersey's and the U.S.

Virgin Islands' SIPs on December 21, 1993 (58 FR 67383) and finalized

the conditional approval on July 5, 1994 (59 FR 34383). A detailed

discussion of New Jersey's and the Virgin Islands' PROGRAM and EPA's

evaluations of the PROGRAM is contained in the above cited Federal

Registers. EPA found that New Jersey and the U.S. Virgin Islands lacked

the requisite authority to establish a CAP. Therefore, EPA

conditionally approved New Jersey's and the U.S. Virgin Islands'

section 507 programs and stated that full approval will be granted once

authority to establish a CAP has been enacted and submitted as a SIP

revision.

II. Summary of Submittal

Section 507(e) 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 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 Governor of New Jersey signed

Chapter 188 of the Laws of New Jersey on August 2, 1995. New Jersey's

law specified the CAP's make-up, terms, and duties consistent with

section 507 of the CAA. The Governor of the U.S. Virgin Islands signed

Act No. 6011 on September 2, 1994 which authorizes the establishment of

a CAP. Act No. 6011 specifies the CAP's make-up, terms, and duties

consistent with the requirements in section 507 of the CAA.

III. Final Action

EPA is fully approving the SIP revisions submitted by New Jersey

and the U.S. Virgin Islands. The revisions satisfy the requirements of

section 507 of the CAA.

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 December 23, 1996 unless, by November 22, 1996, 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 notice that will

withdraw the final action. All public comments received will 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 December 23, 1996.

Nothing in this action should be construed as permitting or

allowing or establishing a precedent for any future request for

revision to any state implementation plan. Each request for revision to

the state implementation plan shall be considered separately in light

of specific technical, economic, and environmental factors and in

relation to relevant statutory and regulatory requirements.

Administrative Requirements

Executive Order 12866

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.

Regulatory Flexibility Act

Under the Regulatory Flexibility Act, 5 U.S.C. 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 fully approving State programs created

for the purpose of assisting small businesses in complying with

existing statutory and regulatory requirements. The programs being

fully approved today do not impose any new regulatory burden on small

businesses; they are programs under which small businesses may elect to

take advantage of assistance provided by the State. Therefore, because

the full approval does not impose any new regulatory requirements on

small businesses, EPA certifies that this action does not have a

significant economic impact on any small entities affected.

Unfunded Mandates

Under section 202 of the Unfunded Mandates Reform Act of 1995

(``Unfunded Mandates Act''), signed

[[Page 54950]]

into law on March 22, 1995, EPA must prepare a budgetary impact

statement to accompany any proposed or final rule that includes a

Federal mandate that may result in estimated costs to State, local, or

tribal governments in the aggregate; or to private sector, of $100

million or more. Under section 205, EPA must select the most cost-

effective and least burdensome alternative that achieves the objectives

of the rule and is consistent with statutory requirements. Section 203

requires EPA to establish a plan for informing and advising any small

governments that may be significantly or uniquely impacted by the rule.

EPA has determined that the approval action promulgated does not

include a Federal mandate that may result in estimated costs of $100

million or more to either State, local, or tribal governments in the

aggregate, or to the private sector. This federal action approves pre-

existing requirements under State or local law, and imposes no new

Federal requirements. Accordingly, no additional costs to State, local,

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

action.

Submission to Congress and the General Accounting Office

Under 5 U.S.C. 801(a)(1)(A) as added by the Small Business

Regulatory Enforcement Fairness Act of 1996, EPA submitted a report

containing this rule and other required information to the U.S. Senate,

the U.S. House of Representatives and the Comptroller General of the

General Accounting Office prior to publication of the rule in today's

Federal Register. This rule is not a ``major rule'' as defined by 5

U.S.C. section 804(2).

Petitions for Judicial Review

Under section 307(b)(1) of the Clean Air Act, petitions for

judicial review of this action must be filed in the United States Court

of Appeals for the appropriate circuit by December 23, 1996. Filing a

petition for reconsideration by the Administrator of this final rule

does not affect the finality of this rule for the 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).)

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Small business

assistance program.

Dated: September 30, 1996.

William J. Muszynski,

Acting Regional Administrator.

For the reasons set forth in the preamble, the State implementation

Plan revisions which were conditionally approved and listed in 40 CFR

52.1607 and 52.2782 (59 FR 34386, July 5, 1994) are fully approved.

[FR Doc. 96-27130 Filed 10-22-96; 8:45 am]

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