22512 Federal Register / Vol. 60, No. 88 / Monday, May 8, 1995 / Rules and Regulations

to its special construction and purpose,

cannot comply fully with certain

provisions of the 72 COLREGS without

interfering with its special functions as

a naval submarine. The intended effect

of this rule is to warn mariners in waters

where 72 COLREGS apply.

EFFECTIVE DATE: March 30, 1995.

FOR FURTHER INFORMATION CONTACT:

Commander K.P. McMahon, JAGC, U.S.

Navy, Admiralty Counsel, Office of the

Judge Advocate General, Navy

Department, 200 Stovall Street,

Alexandria, VA 22332–2400. Telephone

number: (703) 325–9744.

SUPPLEMENTARY INFORMATION: Pursuant

to the authority granted in 33 U.S.C.

1605, the Department of the Navy

amends 32 CFR Part 706. This

amendment provides notice that the

Deputy Assistant Judge Advocate

General (Admiralty) of the Navy, under

authority delegated by the Secretary of

the Navy, has certified that USS

TUCSON (SSN 770) is a vessel of the

Navy which, due to its special

construction and purpose, cannot

comply fully with the following specific

provisions of 72 COLREGS without

interfering with its special function as a

naval submarine: Rule 21(c), pertaining

to the arc of visibility of the sternlight;

Annex I, section 2(a)(i), pertaining to the

height of the masthead light; Annex I,

section 2(k), pertaining to the height and

relative positions of the anchor lights;

and Annex I, section 3(b), pertaining to

the location of the sidelights. The

Deputy Assistant Judge Advocate

General (Admiralty) at the Navy has also

certified that the aforementioned lights

are located in closest possible

compliance with the applicable 72

COLREGS requirements.

Notice is also provided that USS

TUCSON (SSN 770) is a member of the

SSN 688 class of vessels for which

certain exemptions, pursuant to 72

COLREGS, Rule 38, have been

previously authorized by the Secretary

of the Navy. The exemptions pertaining

to that class, found in the existing table

of section 706.3, are equally applicable

to USS TUCSON (SSN 770).

Moreover, it has been determined, in

accordance with 32 CFR Parts 296 and

701, that publication of this amendment

for public comment prior to adoption is

impracticable, unnecessary, and

contrary to public interest since it is

based on technical findings that the

placement of lights on this vessel in a

manner differently from that prescribed

herein will adversely affect the vessel’s

ability to perform its military functions.

List of Subjects in 32 CFR Part 706

Marine safety, Navigation (Water),

and Vessels.

Accordingly, 32 CFR Part 706 is

amended as follows:

PART 706—[AMENDED]

1. The authority citation for 32 CFR

Part 706 continues to read:

Authority: 33 U.S.C. 1605.

§ 706.2 [Amended]

2. Table One of § 706.2 is amended by

adding the following vessel:

TABLE ONE

Vessel No.

Distance in

meters of

forward

masthead

light below

minimum

required

height.

§ 2(a)(i)

annex I

* * * * *

USS TUCSON ...... SSN–770 3.5

3. Table Three of § 706.2 is amended

by adding the following vessel:

TABLE 3

Vessel No.

Masthead

lights arc of

visibility;

rule 21(a)

Side lights

arc of visibility; rule

21(b)

Stern light

arc of visibility; rule

21(c)

Side lights

distance inboard of

ship’s sides

in meters

3(b) annex

1

Stern light,

distance forward of

stern in meters; rule

21(c)

Forward anchor light,

height

above hull

in meters;

2(K) annex

1

Anchor lights

relation-ship

of aft light to

forward light

in meters

2(K) annex 1

* * * * * * *

USS TUCSON .................... SSN–770 ................... ................... 209 4.4 6.1 3.4 1.7 below.

Dated: March 30, 1995.

K.P. McMahon,

CDR, JAGC, U.S. Navy, Deputy Assistant

Judge Advocate, General (Admiralty).

[FR Doc. 95–11203 Filed 5–5–95; 8:45 am]

BILLING CODE 3810–AE–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[NC–60–1–6736a; FRL–5198–1]

Approval and Promulgation of

Implementation Plans, North Carolina:

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 North Carolina

through the North Carolina Department

of Environment, Health and Natural

Resources for the purpose of

establishing a Small Business Stationary

Source Technical and Environmental

Compliance Assistance Program

(PROGRAM), which will be fully

implemented by November 15, 1994.

This implementation plan was

submitted by the State on July 10, 1992,

to satisfy 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 will be effective July

7, 1995 unless notice is received June 7,

1995 that someone wishes to submit

adverse or critical comments. If the
Federal Register / Vol. 60, No. 88 / Monday, May 8, 1995 / Rules and Regulations 22513

effective date is delayed, timely notice

will be published in the Federal

Register.

ADDRESSES: Written comments should

be addressed to: 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 North Carolina 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.

State of North Carolina Department of

Environment, Health and Natural

Resources, Division of Environmental

Management, P.O. Box 29535,

Raleigh, North Carolina 27626–0535.

FOR FURTHER INFORMATION CONTACT:

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 ext. 4195.

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 programs (SBAP) 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 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 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 North Carolina has addressed

these requirements and established a

PROGRAM as described below.

1. Small Business Assistance Program

(SBAP)

North Carolina 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 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 North Carolina

Department of Environment, Health and

Natural Resources has charged the Air

Quality Section with the responsibility

of implementing the SBAP. The SBAP

consists of headquarters and regional

staff. In addition, contractors will be

utilized whenever technical expertise is

not available or is deemed more cost

effective. The Office of Waste Reduction

provides technical assistance in the

areas of pollution prevention, accidental

release and prevention and other multimedia waste reduction strategies. Other

state agencies are part of the SBAP

network to provide other specialized

assistance.

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;

participate and sponsor meetings and

conferences on air quality requirements,

pollution prevention, and other

regulatory issues; and provide technical

assistance for the Air Quality

Compliance Advisory Panel.

Using the technology transfer network

of the EPA and resources of the National

Pollution Roundtable and regional

pollution prevention agencies, the SBAP

operates a clearinghouse of relevant

technical and regulatory literature to

disseminate to the small business

community. The SBAP develops and

distributes pamphlets, brochures and

booklets to small businesses explaining

permit requirements, control

requirements and sources of

information. This information is

developed cooperatively with the

Ombudsman’s office and the Air Quality
22514 Federal Register / Vol. 60, No. 88 / Monday, May 8, 1995 / Rules and Regulations

Compliance Advisory Panel. The SBAP

sponsors workshops and seminars to

provide small businesses with

information and assistance on

complying with the air quality

regulations. Technical hotline questions

are handled by the SBAP and

appropriate experts are located to

provide any additional necessary

assistance to small businesses. The

SBAP also assists in providing

information on financial assistance to

small businesses. Print, television and

radio media, as well as other venues, are

being utilized to disseminate

information. A toll-free hotline has been

functioning successfully for over a year.

The SBAP is working with the Office

of Waste Reduction, North Carolina

State University and the community

college system, and the private sector to

assist small businesses in obtaining

audits of their operations to determine

compliance. The SBAP will develop and

maintain a list of consultants that do

audits. In addition, a self-audit checklist

will be developed.

A small business may petition the

Environmental Management

Commission to modify or adopt a rule,

modify work practices, compliance

methods or implementation schedules

in accordance with established

procedures as described in published

rules.

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. North Carolina has

appointed a Small Business

Ombudsman and established the Office

of the Ombudsman within the

Department of Environment, Health and

Natural Resources. This is a nonregulatory office within the Department

which reports directly to the Director of

the Division of Environmental

Management. The office is independent

of the Air Quality Section and other

regulatory programs. The Ombudsman

is the primary liaison to small business

and has the authority to recommend

legislative and regulatory changes,

including recommendations regarding

fees, affecting small businesses to the

Environmental Management

Commission and to the Secretary of the

Department. The Ombudsman works

closely with the Governor’s office, the

North Carolina legislature, the Secretary

of the Department, the Director of the

Division of Environmental Management,

Environmental Management

Commission members, and other private

and public leaders necessary to

communicate the interests of small

businesses.

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 the

state legislature shall each appoint one

member of the panel. One member will

be selected by the head of the agency in

charge of the Air Pollution Permit

Program. North Carolina established a

CAP with a membership consistent with

the aforementioned CAA requirements.

The Governor will name the chairperson

from the aforementioned membership.

The SBAP will serve as the secretariat

to the CAP in the development and

dissemination of reports, advisory

opinions, and other information.

The duties of the CAP include:

Rendering advisory opinions regarding

the effectiveness of the state PROGRAM,

the difficulties encountered by small

businesses in meeting the mandates of

the CAA, and provide suggestions on

ways to help small businesses comply

with regulatory requirements; reviewing

information for small business

stationary air pollution sources to assure

such information is understandable to

the general public; 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.

4. Source Eligibility

Section 507(c)(1) states that any small

business stationary source that meets

the following requirements is eligible

for assistance under the PROGRAM.

(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;

and

(3) Emits less than 100 tons per year

(tpy) of any regulated pollutant or less

than 10 tpy of a Hazardous Air

Pollutant or 25 tpy or less of a

combination of Hazardous Air

Pollutants.

The State of North Carolina has

adopted these eligibility requirements

and will provide assistance to small

business stationary sources who emit

less than 100 tons per year of any

regulated pollutant. Also, the program is

available to any business with

insufficient financial and technical

resources to meet the CAA

requirements. Priority will be given to

smaller businesses directly impacted by

the CAA.

North Carolina 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

Department determines to have

sufficient technical and financial

capabilities to meet the requirements of

the CAA.

Final Action

In this action, EPA is approving the

PROGRAM SIP revision submitted by

the State of North Carolina through the

Department of Environment, Health and

Natural Resources. 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 July

7, 1995, unless, by June 7, 1995, 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 July 7, 1995.

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

July 7, 1995. Filing a petition for
Federal Register / Vol. 60, No. 88 / Monday, May 8, 1995 / Rules and Regulations 22515

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 Act, 42 U.S.C. 7607

(b)(2).)

The Office of Management and Budget

has exempted these actions from review

under Executive Order 12866.

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.

By today’s action, EPA 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 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. 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 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. 7410(a)(2) and

7410(k).

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Incorporation by

reference, Intergovernmental relations,

Small business stationary source

technical and environmental assistance

program.

Dated: April 17, 1995.

Patrick M. Tobin,

Acting Regional Administrator.

Part 52 of 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 II—North Carolina

2. Section 52.1770 is amended by

adding paragraph (c)(79) to read as

follows:

§ 52.1770 Identification of plan.

* * * * *

(c) * * *

(79) The North Carolina Department

of Environment, Health and Natural

Resources has submitted revisions to the

North Carolina SIP on July 19, 1993.

These revisions address the

requirements of section 507 of title V of

the CAA and establish the Small

Business Stationary Source Technical

and Environmental Assistance Program

(PROGRAM).

(i) Incorporation by reference.

(A) North Carolina’s Small Business

Stationary Source Technical and

Environmental Compliance Assistance

Program which was adopted on May 12,

1994.

(ii) Other material. None.

[FR Doc. 95–10981 Filed 5–5–95; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 52

[TN–107–1–6200a; FRL–5198–3]

Approval and Promulgation of

Implementation Plans, Tennessee:

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 Tennessee

through the Tennessee Department of

Environment and Conservation for the

purpose of establishing a Small

Business Stationary Source Technical

and Environmental Compliance

Assistance Program (PROGRAM), which

will be fully implemented by November

15, 1994. This implementation plan was

submitted by the State on February 23,

1993, to satisfy 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 will be effective July

7, 1995, unless notice is received by

June 7, 1995 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 Tennessee 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.

Division of Air Pollution Control,

Tennessee Department of

Environment and Conservation, L & C

Annex, 9th Floor, 401 Church Street,

Nashville, Tennessee 37243–1531.

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 extension 4195.

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