Clean Air Act, Section 507, Small Business Stationary Source Technical and Environmental Compliance Assistance Program for the States of North Dakota, Utah, Colorado and Montana

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[ND4-1-6459a, UT8-1-6460a, CO20-1-6461a, MT14-1-6462a; FRL-5282-1]

Clean Air Act, Section 507, Small Business Stationary Source

Technical and Environmental Compliance Assistance Program for the

States of North Dakota, Utah, Colorado and Montana

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule; correction.

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

SUMMARY: EPA approved the State Implementation Plan revisions for the

States of North Dakota, Utah, Colorado and Montana (January 11, 1994 in

59 FR 1485, January 11, 1994 in 59 FR 1485, January 28, 1994 in 59 FR

4003, March 4, 1994 in 59 FR 10284, respectively) for the purpose of

establishing Small Business Stationary Source Technical and

Environmental Compliance Assistance Programs. This notice amends those

approvals to incorporate by reference the States' Programs, and deletes

the following sections from part 52, chapter I, title 40 of the Code of

Federal Regulations: Sec. 52.1833 of subpart JJ--North Dakota,

Sec. 52.2348 of subpart TT--Utah, Sec. 52.347 of subpart G--Colorado,

and Sec. 52.1389 of subpart BB--Montana.

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 January 28, 1997

[[Page 60614]]

unless, by December 30, 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If the EPA receives such comments, this action will be withdrawn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 January 28, 1997.

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.

DATES: This action is effective January 28, 1997, unless adverse or

critical comments are received by December 30, 1996. If the effective

date is delayed timely notice will be published in the Federal

Register.

FOR FURTHER INFORMATION CONTACT: Meredith Bond, Mail Code 8P2-A, EPA

Region 8, 999 18th Street, Suite 500, Denver, Colorado 80202-2405,

(303) 312-6438.

SUPPLEMENTARY INFORMATION: Administrative Requirements.

A. 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.

B. 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.

SIP approvals under section 110 and subchapter I, part D of the

Clean Air Act 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, the

Administrator certifies 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 flexibility

analysis would constitute Federal inquiry into the economic

reasonableness of state action. The Clean Air Act forbids EPA to base

its actions concerning SIPs on such grounds. Union Electric Co. v. U.S.

EPA, 427 U.S. 246, 255-66 (1976); 42 U.S.C. 7410(a)(2).

C. Unfunded Mandates

Under Section 202 of the Unfunded Mandates Reform Act of 1995

(``Unfunded Mandates Act''), signed 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, or $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.

D. Submission to Congress and the General Accounting Office

Under 5 U.S.C. 801(a)(1)(A) of the Administrative Procedure Act

(APA) as amended 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. 804(2) of the

APA as amended.

E. 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 January 28, 1997. 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, Incorporation by

reference, Small business assistance program.

Dated: February 13, 1996.

Jack McGraw,

Acting 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 BB--Montana

2. Section 52.1370 is amended by adding paragraph (c)(34) to read

as follows:

Sec. 52.1370 Identification of plan.

* * * * *

(c) * * *

(34) On October 19, 1992, the Governor of Montana submitted a plan

for the establishment and implementation of a Small Business Stationary

Source Technical and Environmental Compliance Assistance Program to be

incorporated into the Montana State Implementation Plan as required by

section 507 of the Clean Air Act.

(i) Incorporation by reference.

(A) Montana Code Annotated, Sections 75-2-106, 75-2-107, 75-2-108,

75-2-109 and 75-2-220, to establish and fund a small business

stationary source technical and environmental compliance assistance

program, effective April 24, 1993.

(ii) Additional Materials.

[[Page 60615]]

(A) October 19, 1992 letter from the Governor of Montana submitting

a Small Business Stationary Source Technical and Environmental

Compliance Assistance Program plan to EPA.

(B) The State of Montana plan for the establishment and

implementation of a Small Business Stationary Source Technical and

Environmental Compliance Assistance Program, adopted by the Board of

Health and Environmental Sciences on September 25, 1992, effective

September 25, 1992.

Sec. 52.1389 [Removed]

3. Section 52.1389 is removed.

Subpart TT--Utah

4. Section 52.2320 is amended by adding paragraph (c)(30) to read

as follows:

Sec. 52.2320 Identification of plan.

* * * * *

(c) * * *

(30) On November 9, 1992, the Governor of Utah submitted a plan for

the establishment and implementation of a Small Business Assistance

Program to be incorporated into the Utah State Implementation Plan as

required by section 507 of the Clean Air Act.

(i) Incorporation by reference.

(A) Utah Code, Title 19, Chapter 2, Air Conservation Act, Sections

19-2-109.1 and 19-2-109.2, to establish and fund a small business

stationary source technical and environmental compliance assistance

program, effective April 27, 1992.

(ii) Additional Materials.

(A) November 9, 1992 letter from the Governor of Utah submitting a

Small Business Assistance Program plan to EPA.

(B) The State of Utah plan for the establishment and implementation

of a Small Business Assistance Program, promulgated September 30, 1992

by the Utah Air Quality Board, effective December 1, 1992.

Sec. 52.2348 [Removed]

5. Section 52.2348 is removed.

Subpart G--Colorado

6. Section 52.320 is amended by adding paragraph (c)(63) to read as

follows:

Sec. 52.320 Identification of plan.

* * * * *

(c) * * *

(63) On November 18, 1992, the Governor of Colorado submitted a

plan for the establishment and implementation of a Small Business

Assistance Program to be incorporated into the Colorado State

Implementation Plan as required by section 507 of the Clean Air Act.

(i) Incorporation by reference.

(A) Colorado Revised Statutes, Sections 25-7-109.2 and 25-7-114.7,

to establish and fund a small business stationary source technical and

environmental compliance assistance program, effective July 1, 1992.

(ii) Additional materials.

(A) November 18, 1992 letter from the Governor of Colorado

submitting a Small Business Assistance Program plan to EPA.

(B) The State of Colorado plan for the establishment and

implementation of a Small Business Assistance Program, adopted by the

Colorado Air Quality Control Commission on October 15, 1992, effective

October 15, 1992.

Sec. 52.347 [Removed]

7. Section 52.347 is removed.

Subpart JJ--North Dakota

8. Section 52.1820 is amended by adding paragraph (c)(25) to read

as follows:

Sec. 52.1820 Identification of plan.

* * * * *

(c) * * *

(25) On November 2, 1992, the Governor of North Dakota submitted a

plan for the establishment and implementation of a Small Business

Assistance Program to be incorporated into the North Dakota State

Implementation Plan as required by section 507 of the Clean Air Act.

(i) Incorporation by reference.

(A) Executive Order 1992-5, executed May 21, 1992, to establish a

Small Business Compliance Advisory Panel.

(ii) Additional Materials.

(A) November 2, 1992 letter from the Governor of North Dakota

submitting a Small Business Assistance Program plan to EPA.

(B) The State of North Dakota plan for the establishment and

implementation of a Small Business Assistance Program, adopted by the

North Dakota State Department of Health and Consolidated Laboratories

on October 23, 1992, effective October 23, 1992.

Sec. 52.1833 [Removed]

9. Section 52.1833 is removed.

Editoral Note: This document was received at the Office of the

Federal Register on November 22, 1996.

[FR Doc. 96-30327 Filed 11-27-96; 8:45 am]

BILLING CODE 6560-50-P