[Federal Register Volume 60, Number 85 (Wednesday, May 3, 1995)]
[Proposed Rules]
[Pages 21781-21783]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-10880]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52

[NV9-1-6574; FRL-5201-8]


Clean Air Act Partial Approval and Partial Disapproval 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: Notice of proposed rulemaking.

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SUMMARY: The EPA today proposes 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 implementation plan was submitted by the State 
to satisfy the Federal mandate, found in Section 507 of the Clean Air 
Act (CAA), to ensure that small businesses have access to the technical 
assistance and regulatory information necessary to comply with the CAA. 
The rationale for the partial approval and partial disapproval is set 
forth in this document; additional information is available at the 
address indicated below.

DATES: Comments on this proposed action must be received in writing by 
June 2, 1995. Public comments on this document are requested and will 
be considered before taking final action on this SIP revision.

ADDRESSES: Comments can be mailed to the U.S. Environmental Protection 
Agency, Division Director, Air and Toxics Division, 75 Hawthorne 
Street, San Francisco, CA 94105, Attention: R. Michael Stenburg.
    Copies of the State's submittal and EPA's technical support 
document are available for inspection during normal business hours at 
the following locations: (1) U.S. Environmental Protection Agency, 75 
Hawthorne Street, San Francisco, CA 94105; (2) 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) 744-1102.

SUPPLEMENTARY INFORMATION:

I. Background

    Implementation of the provisions of Title V 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 further 
guidance to the States on submitting acceptable SIP revisions.
    The State of Nevada has 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.

II. Analysis

1. Small Business Assistance Program

    Section 507(a) sets forth six requirements<SUP>1 that the State 
must meet to have an approvable SBAP. The first requirement is to 
establish 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 compliance 
with the Act. The [[Page 21782]] State has met this requirement by 
describing a satisfactory program that, when operational, would utilize 
a variety of outreach techniques to disseminate information to small 
business stationary sources. These efforts include distributing fact 
sheets, working with industry trade groups, conducting seminars, 
developing newsletters for industry-specific mailing lists, 
disseminating news media articles and developing videotapes. In 
addition, the State will provide statewide toll-free access to the 
Small Business Assistance Program, develop a library of reference 
materials, organize an information clearinghouse and utilize electronic 
bulletin boards to receive and communicate regulatory information.

    \1\A seventh requirement of Section 507(a), establishment of an 
Ombudsman office, is discussed in the next section.
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    The second requirement is to establish 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. The 
State has met this requirement by describing a satisfactory program 
that, when operational, would provide sources with technical 
information and assistance on air pollution prevention, including 
technical assistance on process changes and methods of operation that 
help reduce air pollution. Resources utilized will include the 
Pollution Prevention Information Clearinghouse which provides 
information on pollution prevention programs, an electronic database 
and a toll-free hotline. In addition, the State will help sources 
develop plans for accidental release prevention and detection. This 
effort will be coordinated with the appropriate local, state and 
federal programs. Resources utilized will include a Chemical Safety 
Audit Program to provide mechanisms for examining process management 
systems and preventing accidental releases of hazardous air pollutants.
    The third requirement is to develop a compliance and technical 
assistance program for small business stationary sources which assists 
small businesses in determining applicable requirements and in 
receiving permits under the Act in a timely and efficient manner. The 
State has met this requirement by describing a satisfactory program 
that, when operational, would provide clear and timely compliance 
advice and assistance to small businesses, including permit assistance, 
and technical assistance on compliance options such as alternative 
technologies and material substitution. The state will provide this 
assistance using informational materials available on request, 
statewide toll free access to SBAP, staff presentations at workshops 
for key target groups and coordination through the appropriate trade 
associations and industry groups.
    The fourth requirement is to develop adequate mechanisms to assure 
that small business stationary sources receive notice of their rights 
under the Act 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 Act. The State has met this requirement by describing a 
satisfactory program that, when operational, will notify sources of 
their rights and responsibilities under the Clean Air Act and Nevada 
Statutes and Regulations through preparation and distribution of 
information materials, as well as in providing direct technical 
assistance.
    The fifth requirement is to develop adequate mechanisms for 
informing small business stationary sources of their obligations under 
the Act, 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 Act. The 
State has met this requirement by describing a satisfactory program 
that, when operational, would inform small business sources of their 
obligations under the Act through preparation and distribution of 
information materials, as well as providing direct technical 
assistance. Compliance assessments will be provided by the State free 
of charge to sources and will not involve regulatory or enforcement 
actions unless a clear and immediate danger is identified. The State 
will also provide sources with a list of qualified auditors.
    The sixth requirement is to develop 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 has met this requirement by specifying 
administrative procedures for small businesses to request modifications 
of work practices, compliance methods and the implementation for work 
practices or compliance methods,
    The State has provided supplementary written information describing 
an implementation schedule of milestones showing when the programs will 
be operational, what the program resources will be and where the 
programs will be located organizationally.

2. Ombudsman

    Section 507(a)(3) requires the designation of a State office to 
serve as the Ombudsman for small business stationary sources. The State 
has met this requirement by providing supplementary written information 
describing a milestone schedule showing when the Ombudsman will be 
operational. This position will be located within the Nevada State 
Environmental Commission office. The Ombudsman will serve as an 
advocate for small business stationary sources in the investigation and 
resolution of complaints and disputes against the State or local air 
pollution control agencies. The Ombudsman will also aid in the 
dissemination of information to small businesses and other interested 
parties and will encourage small businesses to participate in the 
development of regulations that affect them.

3. Compliance Advisory Panel

    Section 507(e) 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 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 State has not met this requirement because it has 
not indicated an implementation schedule of milestones showing when the 
officials will be appointed and when the program will be operational. 
The composition of the seven member panel will be in accordance with 
the Clean Air Act requirements.
    In addition to establishing the minimum membership of the CAP the 
CAA delineates four responsibilities of the Panel: (1) To render 
advisory opinions concerning the effectiveness of the SBAP, 
difficulties encountered and the degree and severity of enforcement 
actions; (2) to periodically report to EPA concerning the SBAP's 
adherence to the principles of the Paperwork Reduction Act, the Equal 
Access to Justice Act, and the Regulatory Flexibility Act;\2\ (3) to 
[[Page 21783]] review and assure that information for small business 
stationary sources is easily understandable; and (4) to develop and 
disseminate the reports and advisory opinions made through the SBAP. 
The State has partially met these requirements by specifying that, when 
operational, the panel will evaluate the effectiveness of the SBAP, 
issue advisory opinions, prepare periodic reports to EPA regarding the 
program's compliance with the Paperwork Reduction Act, the Regulatory 
Flexibility Act and the Equal Access to Justice Act. The State has not 
indicated that the CAP will review and assure that information for 
small business stationary sources is easily understandable.

    \2\Section 507(e)(1)(B) requires the CAP to report on the 
compliance of the SBAP with these three Federal statutes. However, 
since State agencies are not required to comply with them, EPA 
believes that the State PROGRAM must merely require the CAP to 
report on whether the SBAP is adhering to the general principles of 
these Federal statutes.
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4. Eligibility

    Section 507(c)(1) of the CAA defines the term ``small business 
stationary source'' as a stationary source that:
    (A) is owned or operated by a person who employs 100 or fewer 
individuals,
    (B) is a small business concern as defined in the Small Business 
Act;
    (C) is not a major stationary source;
    (D) does not emit 50 tons per year (tpy) or more of any regulated 
pollutant; and
    (E) emits less than 75 tpy of all regulated pollutants.
    The State of Nevada has not established a definition of a small 
business and therefore has not established procedures for including or 
excluding sources from that definition. Although the program has been 
developed to assist small businesses, the State has determined that 
assistance will be provided to any business seeking assistance.

III. Today's Action

    In today's action, EPA is proposing to partially approve and to 
partially disapprove the SIP revision submitted by the State of Nevada. 
The submittal does not adequately meet all of the requirements for the 
Compliance Advisory Panel. EPA is proposing to partially approve this 
submittal for satisfying all of the requirements for the Small Business 
Assistance Program, the Ombudsman and most of the requirements for the 
Compliance Advisory Panel. EPA is also proposing to partially 
disapprove this 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. If the State 
submits the necessary information to correct these deficiencies before 
EPA goes final, then EPA will fully approve the submittal.
    The OMB has exempted this action from review under Executive Order 
l2866.
    Under the Regulatory Flexibility Act, 5 U.S.C. Sec. 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 partially approving a State program 
created for the purpose of assisting small businesses in complying with 
existing statutory and regulatory requirements. The program being 
partially 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 partial 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, Intergovernmental 
relations.

    Authority: 42 U.S.C. 7401-7671q.

    Dated: April 24, 1995.

John Wise,
Acting Regional Administrator.
[FR Doc. 95-10880 Filed 5-2-95; 8:45 am]
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