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
22516 Federal Register / Vol. 60, No. 88 / Monday, May 8, 1995 / Rules and Regulations

SIP. In addition, the CAA directs the

EPA to oversee the 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 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 Tennessee has addressed these

requirements and established a

PROGRAM as described below.

1. Small Business Assistance Program

(SBAP)

Tennessee 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 Tennessee Department of

Environment and Conservation has

established the Division of Clean Air

Assistance within the Bureau of

Resources Management with the

responsibility of establishing a

clearinghouse of relevant technical and

regulatory literature to disseminate to

the small business community. A

mailing list of both trade groups and

interested parties will be maintained as

a basis for information distribution.

Seminars, workshops, public service

announcements, an on-line electronic

bulletin board, and other appropriate

educational mechanisms will be utilized

by the Division. The Division will

provide assistance regarding compliance

methods, control technologies, pollution

prevention and accidental release

information and detection. The Division

will disseminate information on

compliance which is easily

understandable to a nontechnical

audience as well as handle inquiries on

specific methods for achieving

compliance with state and federal

regulations. The Division staff will

develop information packages

addressing all topics germane to the

SBAP, including: compliance, pollution

prevention, legal rights under the CAA,

permitting assistance, notification of

rights, audits and source modification.

A toll free number has been installed

and has been functioning for several

months. Through a variety of outreach

techniques, the SBAP staff will inform

small business stationary sources of

their obligations under the CAA. The

SBAP staff has compiled and maintains

a current source list of persons and

organizations capable of providing

technical expertise and support to

answer specific inquiries and

compliance assistance in determining

applicable requirements of state and

federal rules and regulations,

determining the necessity of a permit

and identifying alternatives for

achieving compliance with state and

local regulations.

The staff or representatives of the

Division will either conduct audits of

small business stationary air pollution

sources or contract such audits to

qualified auditors to facilitate the

assessment of options and requirements

to ensure compliance with regulations

and the CAA. The Division will also

develop procedures for consideration of

requests from a source with regards to

modification of work practices,

compliance methods or implementation

schedules.

The Department is committed to cross

media coordination and through the

Bureau of Resources Management, has

procedures in place to provide

assistance to small businesses on issues

related to solid waste, hazardous waste,

groundwater, water pollution, etc., as

well as air pollution. This activity

extends to the Department’s contract

with the University of Tennessee where

technical assistance on waste reduction

and pollution prevention is available to

private industry across media lines.

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. Tennessee has

appointed a Small Business

Ombudsman and established the office

of Tennessee Small Business

Ombudsman to represent the interests of

small businesses as they come under the

regulation of the CAA. The

Ombudsman’s position was established

in the Department of Environment and

Conservation to report directly to the

Assistant Commissioner.

Organizationally, the position is

independent of the Division of Air

Pollution Control and all other

regulatory programs.

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 selected by the state

legislature who are owners, or represent

owners, of small businesses; and one
Federal Register / Vol. 60, No. 88 / Monday, May 8, 1995 / Rules and Regulations 22517

member selected by the head of the

agency in charge of the Air Pollution

Permit Program. Tennessee established

a seven member CAP with a

membership consistent with the

aforementioned CAA requirements. The

makeup of the CAP is prescribed as

required by the CAA and administrative

support will be provided by the

Department to fulfill all the

responsibilities under the CAA.

The duties of the CAP include:

providing overall direction and

oversight to the Tennessee Division of

Clean Air Assistance and the

Ombudsman in their specific

responsibilities and duties; rendering

advisory opinions regarding the

effectiveness of the Tennessee Division

of Clean Air Assistance, the difficulties

encountered, and the degree and

severity of enforcement; reviewing

information for small business

stationary air pollution sources to assure

such information is understandable by

the layperson; 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

Tennessee has incorporated section

507(c)(1) and defined a Small Business

Stationary Source as a source that:

(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;

(3) Is not a major stationary source as

defined in Titles I and III of the CAA;

(4) Does not emit 50 tons per year

(tpy) or more of any regulated pollutant;

and

(5) Emits less than 75 tpy of all

regulated pollutants.

Tennessee 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 Tennessee through the

Tennessee Department of Environment

and Conservation. 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

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 CAA, 42 U.S.C. 7607

(b)(2)).

The OMB 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, the USEPA 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 the USEPA’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.

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)(3).

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 RR—Tennessee

2. Section 52.2220 is amended by

adding paragraph (c)(117) to read as

follows:

§ 52.2220 Identification of plan.

* * * * *
22518 Federal Register / Vol. 60, No. 88 / Monday, May 8, 1995 / Rules and Regulations

(c) * * *

(117) The Tennessee Department of

Environment and Conservation has

submitted revisions to the Tennessee

State Implementation Plan. 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) Revision to the Tennessee State

Implementation Plan to Incorporate

Small Business Assistance Program as

Required by the Clean Air Act

Amendments of 1990, approved by the

Tennessee Air Pollution Control Board

on February 10, 1993.

(ii) Additional information—None.

[FR Doc. 95–10978 Filed 5–5–95; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 52

[AZ 47–1–6945a FRL–5191–1]

Approval and Promulgation of

Implementation Plans; Arizona—State

Implementation Plan Revision,

Maricopa Nonattainment Area; Basic

and Enhanced Inspection and

Maintenance Program for Carbon

Monoxide and Ozone

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA is giving full approval

through a direct final action on

revisions to the Arizona State

Implementation Plan (SIP) for the

attainment of National Ambient Air

Quality Standards (NAAQSs) for carbon

monoxide (CO) and ozone. The SIP

revision provides for the adoption and

implementation of both basic and

enhanced motor vehicle inspection/

maintenance (I/M) programs meeting all

requirements of EPA regulations,

published in the Federal Register on

November 5, 1992 (I/M Regulations),

concerning motor vehicle I/M programs.

On November 14, 1994, the Arizona

Department of Environmental Quality

(ADEQ) submitted a SIP revision to

implement both a basic and enhanced

I/M program meeting EPA’s I/M

regulations.

This direct final approval action will

incorporate these rules into the federally

approved SIP. The intended effect of

approving this SIP revision is to regulate

emissions of CO and volatile organic

compounds (VOCs) in accordance with

the requirements of the Clean Air Act,

as amended in 1990 (CAA or the Act).

Thus, EPA is finalizing the approval of

these revisions into the Arizona SIP

under provisions of the CAA regarding

EPA action on SIP submittals, SIPs for

national primary and secondary NAAQS

and plan requirements for

nonattainment areas.

DATES: This action is effective on July 7,

1995, unless adverse or critical

comments are received by June 7, 1995.

If the effective date is delayed, a timely

notice will be published in the Federal

Register.

ADDRESSES: A docket has been

established and contains material

relevant to this action. A copy of the

docket is available for public inspection

at EPA’s Region IX office during normal

business hours. Copies of the submitted

SIP revisions are available for

inspection at the following locations:

Mobile Sources Section (A–2–1), Air

and Toxics Division, U.S.

Environmental Protection Agency,

Region IX, 75 Hawthorne Street, San

Francisco, CA 94105.

Environmental Protection Agency, Air

Docket (6102), ANR 443, 401 ‘‘M’’

Street, SW., Washington, DC 20460.

FOR FURTHER INFORMATION CONTACT:

Roxanne Johnson, Mobile Sources

Section (A–2–1), Air and Toxics

Division, U.S. Environmental Protection

Agency, Region IX, 75 Hawthorne

Street, San Francisco, CA 94105,

Telephone: (415) 744–1225.

SUPPLEMENTARY INFORMATION:

I. Introduction

Motor vehicles are a major contributor

of VOCs, CO, and oxides of nitrogen

(NOX) emissions. The motor vehicle I/M

program is an effective means of

reducing these emissions. Despite

improvements in emission control

technology in past years, mobile sources

in urban areas continue to remain

responsible for roughly half of the

emissions of VOC causing ozone, and

most of the emissions of CO. They also

emit substantial amounts of NOX and air

toxics. This is because the number of

vehicle miles traveled has doubled in

the last 20 years to 20×1012 (20 trillion)

miles per year, offsetting much of the

technological progress in vehicle

emission control over the same period.

Projections indicate that the steady

growth in vehicle miles will continue.

Under the Act, the U.S. EPA is

pursuing a three-point strategy to

achieve emission reductions from motor

vehicles. The development and

commercialization of cleaner vehicles

and cleaner fuels represent the first two

elements of the strategy. These

developments will take many years

before cleaner vehicles and fuels

dominate the fleet and favorably impact

the environment. This notice addresses

the third element of the strategy, I/M,

which is aimed at the reduction of

emissions from the existing fleet by

ensuring that vehicles are maintained to

meet the emission standards established

by EPA. Properly functioning emission

controls are necessary to keep pollution

levels low. The driving public is often

unable to detect a malfunction of the

emission control system. While some

minor malfunctions can increase

emissions significantly, they do not

affect drivability and may go unnoticed

for a long period of time. Effective I/M

programs can identify excessive

emissions and assure repairs. The EPA

projects that sophisticated I/M programs

such Arizona’s will identify emission

related problems and prompt the

vehicle owner to obtain timely repairs,

thus reducing emissions.

The Act directed EPA to establish a

minimum performance standard for

enhanced I/M programs. The standard is

based on the performance achievable by

annual inspections in a centralized test

program. States have flexibility to

design their own programs if they can

show that their program is as effective

as the model program used in the

performance standard. The more

effective the program the more credit a

State will get towards the emission

reduction requirement. An effective

program will help to offset growth in

vehicle use and allow for industrial and

or commercial growth. EPA and the

States have learned a great deal about

what makes an I/M program effective

since the Clean Air Act of 1977 first

required I/M programs for polluted

areas. There are three major keys to an

effective program:

1. Given the advanced state of current

vehicle design and anticipated technology

changes, the ability to accurately fail problem

vehicles and pass clean ones requires

improved test equipment and test

procedures;

2. Comprehensive quality control and

aggressive enforcement is essential to

assuring the testing is done properly;

3. Skillful diagnostics and capable

mechanics are important to assure that failed

cars are fixed properly.

These three factors are missing in

most older I/M programs. Specifically,

the idle and 2500 RPM/idle short tests

and anti-tamper inspections used in

current I/M programs are not as effective

in identifying and reducing in-use

emissions from the types of vehicles in

the current and future fleet. Also, covert

audits by EPA and State agencies

typically discover improper inspection

and testing 50 percent of the time in

test-and-repair stations. Experience has

shown that quality control at high-