Federal Register / Vol. 60, No. 85 / Wednesday, May 3, 1995 / Proposed Rules 21783

CAP to report on whether the SBAP is adhering to

the general principles of these Federal statutes.

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.

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. § 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]

BILLING CODE 6560–50–P

40 CFR Part 52

[WA25–1–6520b; FRL–5190–2]

Approval and Promulgation of State

Implementation Plans: Washington

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: The EPA proposes to approve

the State Implementation Plan (SIP)

revision submitted by the State of

Washington for the purpose of

approving the Southwest Air Pollution

Control Authority’s (SWAPCA) 400

General Regulations for Air Pollution

Sources. In the Final Rules Section of

this Federal Register, the EPA is

approving the State’s SIP revision as a

direct final rule without prior proposal

because the Agency views this as a

noncontroversial revision amendment

and anticipates no adverse comments. A

detailed rationale for the approval is set

forth in the direct final rule. If no

adverse comments are received in

response to this proposed rule, no

further activity is contemplated in

relation to this rule. If the EPA receives

adverse comments, the direct final rule

will be withdrawn and all public

comments received will be addressed in

a subsequent final rule based on this

proposed rule. The EPA will not

institute a second comment period on

this document.

DATES: Comments on this proposed rule

must be received in writing by June 2,

1995.

ADDRESSES: Written comments should

be addressed to Montel Livingston,

Environmental Protection Specialist

(AT–082), Air Programs Section, at the

EPA Regional Office listed below.

Copies of the documents relevant to this

proposed rule are available for public

inspection during normal business

hours at the following locations. The

interested persons wanting to examine

these documents should make an

appointment with the appropriate office

at least 24 hours before the visiting day.

U.S. Environmental Protection Agency,

Region 10, Air Programs Section, 1200

6th Avenue, Seattle, WA 98101.

The State of Washington Department of

Ecology, 300 Desmond Drive, Lacey,

WA 98504.

FOR FURTHER INFORMATION CONTACT:

Kelly McFadden, Environmental

Engineer, Air Programs Branch (AT–

082), EPA, 1200 6th Avenue, Seattle,

WA 98101, (206) 553–1059.

SUPPLEMENTARY INFORMATION: See the

information provided in the Direct Final

action which is located in the Rules

Section of this Federal Register.

Dated: March 30, 1995.

Chuck Clarke,

Regional Administrator.

[FR Doc. 95–10813 Filed 5–2–95; 8:45 am]

BILLING CODE 6560–50–P