Clean Air Act Approval and Promulgation of Title V, Section 507, Small Business Stationary Source Technical and Environmental Compliance Assistance Program for Nevada

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[NV23-1-7219a; FRL-5338-8]

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

Small Business Stationary Source Technical and Environmental Compliance

Assistance Program for Nevada

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action on revisions to the Nevada

State Implementation Plan. On May 3, 1995 EPA published the Notice of

Proposed Rulemaking to partially approve and partially disapprove the

State Implementation Plan (SIP) revision submitted by the State of

Nevada for the purpose of establishing a Small Business Stationary

Source Technical and Environmental Compliance Assistance Program

(PROGRAM). The cause of the proposed disapproval has since been

corrected by the State. Thus, EPA is finalizing approval of these

revisions into the Nevada SIP under provisions of the CAA regarding EPA

action on SIP submittals and plan requirements for establishing a

PROGRAM.

DATES: This action is effective on April 9, 1996 unless adverse or

critical comments are received by March 11, 1996. If the effective date

is delayed, a timely notice will be published in the Federal Register.

ADDRESSES: Copies of the documents relevant to this action are

available for public inspection during normal business hours at the

following locations: U.S. Environmental Protection Agency, 75 Hawthorne

Street, San Francisco, CA 94105.

U.S. Environmental Protection Agency, Air Docket 6102, 401 ``M'' Street

SW., Washington, DC 20460.

Nevada Division of Environmental Protection, Bureau of Air Quality, 123

West Nye Lane, Room 123, Carson City, NV 89710.

FOR FURTHER INFORMATION CONTACT: R. Michael Stenburg, A-1, U.S.

Environmental Protection Agency, 75 Hawthorne Street, San Francisco, CA

94105, (415) 744-1182.

SUPPLEMENTARY INFORMATION:

1. 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, in order to delineate the Federal and State roles in

meeting the new statutory provisions and as a tool to provide

[[Page 4902]]

further guidance to the States on submitting acceptable SIP revisions.

On June 28, 1994, the State of Nevada submitted a SIP revision to

EPA in order to satisfy the requirements of Section 507. 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. A detailed discussion of the background for each of the above

PROGRAM elements is provided in the May 3, 1995 Federal Register Notice

of Proposed Rulemaking (NPR) 60 FR 21781. EPA proposed to partially

disapprove the June 28, 1994 submittal for not satisfying the

Compliance Advisory Panel requirements for indicating an implementation

schedule of milestones showing when the officials will be appointed and

when the program will be operational and for not indicating that the

Compliance Advisory Panel will review and assure that information for

small business stationary sources is easily understandable. On June 20,

1995 the State held a public hearing which adopted an implementation

schedule and the aforementioned procedure for insuring information is

understandable by the layperson. On July 5, 1995 the State submitted

the corresponding SIP revision which became effective on July 5, 1995.

EPA has evaluated all of the above PROGRAM elements for consistency

with the requirements of the CAA and the EPA policy guidance document.

EPA has found that all the PROGRAM elements now meet the applicable EPA

requirements. A detailed discussion of the background for each of the

above PROGRAM elements is provided both in this Federal Register and in

the May 3, 1995 Federal Register Notice of Proposed Rulemaking (NPR).

II. Response to Public Comments

A 30-day public comment period was provided in the May 3, 1995

Federal Register NPR. EPA received no public comments.

III. Final Action

EPA is approving the SIP revisions submitted by the State of

Nevada. The revisions were made to satisfy the requirements of Section

507 of the CAA.

EPA is publishing this document 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 April 9, 1996, unless, by March 11, 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 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 April 9, 1996.

The OMB has exempted this action from review under Executive Order

12866.

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 this action, EPA is approving a State program created for the

purpose of assisting small businesses in complying with existing

statutory and regulatory requirements. The program being approved today

does not impose any new regulatory burden on small businesses; it is a

program under which small businesses 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.

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Incorporation by

reference, Intergovernmental relations.

Note: Incorporation by reference of the State Implementation

Plan for the State of Nevada was approved by the Director of the

Federal Register on July 1, 1982.

Dated: November 20, 1995.

Felicia Marcus,

Regional Administrator.

Part 52, chapter I, title 40 of the 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 DD--Nevada

2. Section 52.1470 is amended by adding paragraphs (c) (34) and

(35) to read as follows:

Sec. 52.1470 Identification of plan.

* * * * *

(c) * * *

(34) Program elements were submitted on June 28, 1994 by the

Governor's designee.

(i) Incorporation by reference.

(A) Small Business Stationary Source Technical and Environmental

Compliance Assistance Program, adopted on June 28, 1994.

(35) Program elements were submitted on July 5, 1995 by the

Governor's designee.

(i) Incorporation by reference.

(A) Small Business Stationary Source Technical and Environmental

Compliance Assistance Program, adopted on July 5, 1995.

[FR Doc. 96-2828 Filed 2-8-96; 8:45 am]

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