[Federal Register Volume 60, Number 88 (Monday, May 8, 1995)]
[Rules and Regulations]
[Pages 22512-22515]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-10981]



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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.

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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 [[Page 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 multi-media 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 
[[Page 22514]] 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 non-regulatory 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 [[Page 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:


Sec. 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