Federal Register / Vol. 60, No. 37 / Friday, February 24, 1995 / Rules and Regulations 10323

Dated: December 19, 1994.

William L. Hensley,

Chair, Federal Subsistence Board.

Dated: December 29, 1994.

Phil Janik,

Regional Forester, USDA-Forest Service.

[FR Doc. 95–4359 Filed 2–23–95; 8:45 am]

BILLING CODE 3410–11–M

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[SC–27–1–6735a; FRL–5145–8]

Approval and Promulgation of

Implementation Plans South 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 South Carolina

through the South Carolina Department

of Health and Environmental Control 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 January 20,

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 final rule is effective April

25, 1995 unless notice is received March

27, 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 South 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 South Carolina Department of

Health and Environmental Control,

Environmental Quality Control, Bureau

of Air Quality Control, 2600 Bull Street,

Columbia, South Carolina 29201.

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 x4195.

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 program 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 (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. 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 South Carolina has addressed

these requirements and established a

PROGRAM as described below.

1. Small Business Assistance Program

(SBAP)

South 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 South Carolina

acknowledges the heart of the

PROGRAM is the Small Business

Assistance Program (SBAP), which

resides within the Department of Health

and Environmental Control. The SBAP
10324 Federal Register / Vol. 60, No. 37 / Friday, February 24, 1995 / Rules and Regulations

will provide an information

clearinghouse and refer small

businesses to State technical experts

within the Department who are trained

to handle specific questions relevant to

achieving compliance with the CAA. In

addition, the SBAP will provide for the

collection and dissemination of

information to small businesses on

determining applicable requirements

under the CAA, permit issuance, small

businesses’ rights and obligations,

compliance methods, acceptable control

technologies, pollution prevention,

accidental release prevention and

detection, audit programs and

procedures, and other matters deemed

useful or necessary by the Department.

The specific mechanisms for collection

and dissemination of information will

be developed by the Ombudsman. The

SBAP also will consider requests from

small business stationary sources for

modifications of work practices,

technological methods of compliance, or

compliance procedures and provide

guidance as necessary. The SBAP will

utilize, on an as needed basis, the

services of other in-state entities with

expertise in various aspects related to

the PROGRAM.

The dissemination of information to

small businesses in South Carolina

through the SBAP involves both a

proactive and a reactive component.

The Ombudsman will actively advertise

the SBAP to ensure the regulated

communities are aware of their

obligations under the CAA. The reactive

component takes place after the

regulated community recognizes that

there is or could be some obligation on

their part to comply with the CAA. The

Department is committed to supporting

the proactive component of the program

through newspapers, radio, and TV

announcements and advertisements.

Public service announcements will be

used to the maximum extent possible.

Informational packets will be

distributed. Other avenues for

disseminating information will be

utilized through the Secretary of State’s

office, the South Carolina State

Development Board, the Environmental

Quality Control Advisory Board, the

Federal Small Business Assistance

Office, the Chambers of Commerce’s

Technical Committee, the General

Assembly’s Joint Liaison on Small

Business, other appropriate State

offices, public hearings, and by the

identification of potentially affected

sources by the Department. Reactive

components of the SBAP include the

installation of a toll-free hot line to

facilitate contacting the Department and

the designation of the point-of-contact

on the Department’s staff to handle

inquiries. The Ombudsman will be the

primary point-of-contact who will either

handle the question or direct the

inquirer to the appropriate source

within the Department for assistance.

Other sources of information include

the following: public hearings on rule

changes, control technology guidelines,

EPA’s Control Technology Center, the

Emissions Measurement Technical

Information Center, the Emergency

Planning and Community Right to

Know Hotline, EPA Regional Offices,

other state’s air programs and industry

and trade groups.

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; and

participate and sponsor meetings and

conferences on air quality requirements,

pollution prevention, and other

regulatory issues.

The Department will maintain lists of

environmental consulting companies

that perform auditing services and will

make the lists available upon request.

For those sources unable to afford

consultants, the Department will

conduct a consultation audit to assess

the need for control measures and/or a

permit to operate.

A small business may petition the

Department to modify work practices,

compliance methods or implementation

schedules in accordance with

established procedures as described in

the SIP.

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. South Carolina has

appointed a Small Business

Ombudsman and established the Office

of the Ombudsman within the

Department of Environmental Quality

Control. Through that office, the

Ombudsman will have direct access to

the Governor, the Commissioner, the

Chief of the Air Pollution Program, and

other state and Federal agencies. The

Ombudsman will have the necessary

autonomy to function independently of

the air program.

3. Compliance Advisory Panel

Section 507(e) of the CAA requires the

State to establish a 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 both the house and the

senate 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. South Carolina established a

CAP with a membership consistent with

the aforementioned CAA requirements.

The SBAP will serve as the secretariat

to the CAP in the development and

dissemination or reports, advisory

opinions, and other information.

The duties of the CAP include:

providing advisory opinions to the EPA

and the Department regarding the

effectiveness of the state PROGRAM and

the difficulties encountered by small

businesses in meeting the mandates of

the CAA; reviewing information for

small business stationary air pollution

sources to assure such information is

understandable to the lay person; 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

South Carolina 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;

and

(4) Does not emit 50 tons per year

(tpy) of any regulated pollutant and

emits less than 75 tpy of all regulated

pollutants.

South 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
Federal Register / Vol. 60, No. 37 / Friday, February 24, 1995 / Rules and Regulations 10325

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 South Carolina through the

Department of Health and

Environmental Control. This action is

being taken without prior proposal

because the changes are

noncontroversial and EPA anticipates

no significant comments on them. The

public should be advised that this

action will be effective April 25, 1995.

However, if notice is received by March

27, 1995 someone wishes to submit

adverse or critical comments, this action

will be withdrawn and two subsequent

documents will be published before the

effective date. One document will

withdraw the final action and another

will begin a new rulemaking by

announcing a proposal of the action and

establishing a comment period.

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

April 25, 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 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 the 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.

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.

Dated: January 12, 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 PP—South Carolina

2. Section 52.2120 is amended by

adding paragraph (c)(38) to read as

follows:

§ 52.2120 Identification of plan.

* * * * *

(c) * * *

(38) The South Carolina Department

of Health and Environmental Control

has submitted revisions to the South

Carolina Air Quality Implementation

Plan on November 12, 1993. These

revisions address the requirements of

section 507 of title V of the Clean Air

Act and establish the Small Business

Stationary Source Technical and

Environmental Program.

(i) Incorporation by reference.

(A) The submittal of the state of South

Carolina’s Small Business Assistance

Program which was adopted on

September 9, 1993.

(ii) Additional material. None.

[FR Doc. 95–4629 Filed 2–23–95; 8:45 am]

BILLING CODE 6560–50–F

40 CFR Parts 52 and 81

[FL56–1–6883a; FRL–5148–8]

Approval and Promulgation of

Implementation Plans and Designation

of Areas for Air Quality Planning

Purposes; State of Florida

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: On November 8, 1993, the

State of Florida, through the Florida

Department of Environmental Protection

(FDEP), submitted a maintenance plan

and a request to redesignate the

Southeast Florida area from moderate

nonattainment to attainment for ozone

(O3). The Southeast Florida O3

nonattainment area consists of Dade,

Broward and Palm Beach Counties.

Under the Clean Air Act as amended in

1990 (CAA), designations can be revised

if sufficient data are available to warrant

such revisions and the CAA

redesignation requirements are satisfied.

In this action, EPA is approving

Florida’s request because it meets the

maintenance plan and redesignation

requirements set forth in the CAA, and

EPA is also approving the 1990 base

year emission inventory for the

Southeast Florida area. The approved

maintenance plan will become a

federally enforceable part of the State

Implementation Plan (SIP) for the

Southeast Florida area.

DATES: This final rule is effective April

25, 1995, unless adverse or critical

comments are received by March 27,

1995. If the effective date is delayed,

timely notice will be published in the

Federal Register.

ADDRESSES: Written comments should

be addressed to: Joey LeVasseur,

Regulatory Planning and Development

Section, Air Programs Branch, Air,