Federal Register / Vol. 60, No. 85 / Wednesday, May 3, 1995 / Proposed Rules 21781

1A seventh requirement of Section 507(a),

establishment of an Ombudsman office, is

discussed in the next section.

(USEPA) proposes to approve Indiana’s

March 23, 1994, submittal of requested

revisions to the Indiana State

Implementation (SIP) for lead. In the

final rules section of this Federal

Register, the USEPA is approving this

action as a direct final rule without

prior proposal because USEPA views

this as a noncontroversial action 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 that direct final rule, no

further activity is contemplated in

relation to this proposed rule. If USEPA

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final rule will be withdrawn and all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 the proposed rule. USEPA will

not institute a second comment period

on this action. Any parties interested in

commenting on this notice should do so

at this time.

DATES: Comments on this proposed rule

must be received on or before June 2,

1995.

ADDRESSES: Written comments should

be mailed to: J. Elmer Bortzer, Chief,

Regulation Development Section,

Regulation Development Branch (AR18–

J), U.S. Environmental Protection

Agency, Region 5, 77 West Jackson

Boulevard, Chicago, Illinois 60604.

Copies of the State submittal and

USEPA’s analysis of it are available for

inspection at: Regulation Development

Section, Regulation Development

Branch (AR18–J), U.S. Environmental

Protection Agency, Region 5, 77 West

Jackson Boulevard, Chicago, Illinois

60604.

FOR FURTHER INFORMATION CONTACT:

Rosanne Lindsay, Regulation

Development Section, Regulation

Development Branch (AR–18J), U.S.

Environmental Protection Agency,

Region 5, 77 West Jackson Boulevard,

Chicago, Illinois 60604, (312) 886–6036.

SUPPLEMENTARY INFORMATION: For

additional information see the direct

final rule published in the rules section

of this Federal Register.

Dated: April 3, 1995.

David A. Ullrich,

Acting Regional Administrator.

[FR Doc. 95–10811 Filed 5–2–95; 8:45 am]

BILLING CODE 6560–50–P

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.

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 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
21782 Federal Register / Vol. 60, No. 85 / Wednesday, May 3, 1995 / Proposed Rules

2Section 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

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.

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
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