Federal Register / Vol. 60, No. 45 / Wednesday, March 8, 1995 / Rules and Regulations 12685

TABLE 1 TO SUBPART W.—GENERAL PROVISIONS APPLICABILITY TO SUBPART W—Continued

Reference

Applies to subpart W

Comment

BLR WSR

WSR alternative

standard,

and BLR

equipment leak

standard

(40 CFR

part 63,

subpart

H)

§ 63.9(e) ........................ No .......... No .......... No.

§ 63.9(f) ......................... No .......... No .......... No.

§ 63.9(g) ........................ No .......... No .......... No.

§ 63.9(h)(1)–(3) ............. Yes ......... Yes ......... No .......... Separate Notification of Compliance Status requirements are specified for subpart H.

§ 63.9(h)(4) ................... N/A ......... N/A ......... N/A ......... Reserved.

§ 63.9(h)(5)–(6) ............. Yes ......... Yes ......... No .......... Subpart H specifies Notification of Compliance Status requirements.

§ 63.9(i) ......................... Yes ......... Yes ......... Yes.

§ 63.9(j) ......................... Yes ......... Yes ......... Yes.

§ 63.10(a) ...................... Yes ......... Yes ......... Yes.

§ 63.10(b)(1) ................. Yes ......... Yes ......... Yes.

§ 63.10(b)(2) ................. No .......... No .......... No .......... Subparts H and W specify recordkeeping requirements.

§ 63.10(b)(3) ................. Yes ......... Yes ......... Yes.

§ 63.10(c)(1)–(6) ........... No .......... No .......... No.

§ 63.10(c)(7)–(8) ........... Yes ......... Yes ......... Yes.

§ 63.10(c)(9)–(15) ......... No .......... No .......... No.

§ 63.10(d)(1) ................. Yes ......... Yes ......... No .......... Subpart H specifies performance test reporting requirements.

§ 63.10(d)(2) ................. Yes ......... Yes ......... No .......... Subpart H specifies performance test reporting requirements.

§ 63.10(d)(3) ................. No .......... No .......... No.

§ 63.10(d)(4) ................. Yes ......... Yes ......... Yes.

§ 63.10(d)(5) ................. Yes ......... Yes ......... Yes.

§ 63.10(e)(1)–(2) ........... No .......... No .......... No.

§ 63.10(e)(3) ................. Yes ......... Yes ......... No.

§ 63.10(e)(4) ................. No .......... No .......... No.

§ 63.10(f) ....................... Yes ......... Yes ......... Yes.

§ 63.11–63.15 ............... Yes ......... Yes ......... Yes.

[FR Doc. 95–5590 Filed 3–7–95; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 52

[WA–18–1–5933a; FRL–5151–9]

Approval and Promulgation of Small

Business Assistance Program: State of

Washington

AGENCY: Environmental Protection

Agency.

ACTION: Direct final rule.

SUMMARY: The Environmental Protection

Agency (EPA) approves the State of

Washington Implementation Plan (SIP)

revision submitted by the State of

Washington for the purpose of

establishing a Small Business Stationary

Source Technical and Environmental

Compliance Assistance Program. The

implementation plan was submitted by

the State to satisfy the Federal mandate

of the Clean Air Act (CAA or Act), to

ensure that small businesses have access

to the technical assistance and

regulatory information necessary to

comply with the CAA. The rationale for

the approval is set forth in this

document; additional information is

available at the address indicated in the

ADDRESSES section.

DATES: This final rule is effective on

May 8, 1995, unless notice is received

by April 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: Montel Livingston, SIP

Manager, Air and Radiation Branch

(AT–082), EPA, 1200 Sixth Avenue,

Seattle, WA 98101.

Documents which are incorporated by

reference are available for public

inspection at the Air and Radiation

Docket and Information Center, 401 M

Street, SW., Washington, DC 20460.

Copies of materials submitted to EPA

may be examined during normal

business hours at the following

locations: EPA Region 10, 1200 Sixth

Avenue, Seattle, WA 98101, and

Washington State Department of

Ecology, P.O.Box 47600, PV–11,

Olympia, WA 98504–7600.

FOR FURTHER INFORMATION CONTACT:

David J. Dellarco, Air and Radiation

Branch (AT–082), EPA, 1200 Sixth

Avenue, Seattle, WA 98101, (206) 553–

4978.

SUPPLEMENTARY INFORMATION:

I. Background

Implementation of the provisions of

the 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 EPA to oversee
12686 Federal Register / Vol. 60, No. 45 / Wednesday, March 8, 1995 / Rules and Regulations

1A seventh requirement of section 507(a),

establishment of an Ombudsman office, is

discussed in the next section.

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

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

January 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 Washington 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 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

State of Washington has met this

requirement through participation in a

Pacific Northwest regional effort

designed to ensure collection and

development of compliance methods

and technologies for small businesses.

In addition, Washington’s SBAP is

comprised of both proactive and

reactive components. The proactive

component includes agressive outreach

to the business community with

information which details their rights

and obligations under the Act. The

reactive component establishes an

information network to respond to

questions from small businesses

concerning regulatory requirements,

appropriate control technologies, and

other specific inquiries such as

pollution prevention opportunities.

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 planning to provide

direct support for these areas to small

businesses. The SBAP can also draw

upon the expertise of the Department of

Ecology’s pollution prevention

program–the Washington Department of

Ecology’s Waste Reduction, Recycling,

and Litter Control program (WRRLC). In

conjunction with the WRRLC program,

the SBAP has the ability to utilize

consultation, information distribution,

and general engineering assistance to

support the pollution prevention needs

of small businesses. The SBAP can also

draw upon State expertise with

Superfund Amendments and

Reauthorization Act (SARA) Title III to

address small business needs in the area

of accidental release detection and

prevention.

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

planning to have trained SBAP and/or

local air pollution control agency staff

available to help interpret Federal,

State, and local air quality requirements,

as well as provide permit assistance.

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

planning to assure that small businesses

receive information regarding their

rights through various outreach

mechanisms such as mass mailings and

workshops. In addition, the SBAP

commits to coordinating with regulatory

development organizations, including

local air pollution control agencies, so

that small businesses have sufficient

lead time to evaluate compliance

methods and applicable requirements.

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

planning to utilize activities such as onsite consultation/site assessments

provided by the SBAP or local air

control authority, or provide lists of

qualified auditors on request.

The sixth requirement is to develop

procedures for consideration of requests

from small business stationary sources

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 through State

law (RCW 70.94.181) which establishes

these provisions.

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 creating a Small

Business Ombudsman position within

the Washington Department of Ecology.

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 met this requirement by establishing

a Compliance Advisory Panel

comprised of these representatives.

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. 45 / Wednesday, March 8, 1995 / Rules and Regulations 12687

CAP to report on whether the SBAP is adhering to

the general principles of these Federal statutes.

3Both statutes allow Ecology to commence

immediate enforcement action for any violation that

places anyone in imminent danger of death or

substantial bodily harm or causes substantial

property damage.

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 met these

requirements by directing its

Compliance Advisory Panel to address

these areas of responsibility as their

primary function.

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 Washington has

established a mechanism 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.

The State of Washington has provided

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.

The State of Washington has provided

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 State

determines to have sufficient technical

and financial capabilities to meet the

requirements of the CAA.

5. Technical Assistance Visits

Washington submitted RCW

70.94.035, the statute authorizing

Washington’s PROGRAM as part of its

SBAP submittal. Washington has

another statute, RCW 43.21A.087, which

also authorizes technical assistance

visits which was not submitted as part

of Washington’s SBAP submittal.

Importantly, each of these statutes

places certain limits on the State’s

authority to bring enforcement actions

for violations observed during technical

assistance visits. RCW 70.94.035, which

was enacted in 1991 and specifically

applies to the air program, prohibits

enforcement action ‘‘unless and until

the facility owner or operator has been

provided a reasonable time to correct

the violation.’’ According to an opinion

of the Washington Attorney General,

this provision does not prevent a

permitting authority from commencing

an enforcement action for a violation

observed during a technical assistance

visit, but merely requires the permitting

authority to give the source a reasonable

opportunity to comply before deciding

whether enforcement action is

appropriate. The Attorney General

similarly interprets RCW 43.21A.087,

enacted in 1992, which allows the

permitting authority to reinspect the

facility and take enforcement action ‘‘[i]f

the owner or operator of the facility

does not correct the violation.’’ 3 The

Attorney General also states that

because RCW 70.94.035 applies

specifically to the air program and

specifically requires that the technical

assistance program be consistent with

the Federal Clean Air Act, this provision

would prevail in the event of any

conflict with RCW 43.21A.087, which

applies to technical assistance visits

under all of Ecology’s environmental

programs. EPA agrees that RCW

70.94.035 would allow enforcement

action in such a case provided the

enforcement action was commenced

after the source had an opportunity to

comply. EPA also believes that RCW

70.94.035, and not RCW 43.21A.087,

applies in the case of technical

assistance visits under the air program.

EPA therefore believes that

Washington’s technical assistance

statutes, as interpreted by the Attorney

General, do not bar approval of

Washington’s SBAP PROGRAM.

III. This Action

In this action, EPA approves the SIP

revision submitted by the State of

Washington. Based on the Attorney

General’s opinion discussed above that

RCW 70.94.035 is the statute that

applies in the case of technical

assistance visits under the Washington’s

SBAP PROGRAM, EPA is approving

RCW 70.94.035 as part of Washington’s

SBAP SIP revision. The State of

Washington has submitted a SIP

revision implementing each of the

PROGRAM elements required by section

507 of the CAA. At this time, the Small

Business Assistance Program, the

Ombudsman, and the Compliance

Advisory Panel are all in place and

functioning. EPA is therefore approving

this submittal.

IV. Administrative Review

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 this action, the EPA is approving

a State program created for the purpose

of assisting small businesses in

complying with existing statutory and

regulatory requirements. The program

being approved in this action 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

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 business

entities affected.

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 May 8, 1995

unless, by April 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 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 May 8, 1995.

The EPA has reviewed this request for

revision of the federally-approved SIP

for conformance with the provisions of

the 1990 Clean Air Act Amendments

enacted on November 15, 1990. The

EPA has determined that this action

conforms with those requirements.
12688 Federal Register / Vol. 60, No. 45 / Wednesday, March 8, 1995 / Rules and Regulations

Nothing in this action should be

construed as permitting or allowing or

establishing a precedent for any future

request for 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.

This action has been classified as a

Table 2 action by the Regional

Administrator under the procedures

published in the Federal Register on

January 19, 1989 (54 FR 2214–2225), as

revised by an October 4, 1993

memorandum from Michael H. Shapiro,

Acting Assistant Administrator for Air

and Radiation. The OMB has exempted

this regulatory action from Executive

Order 12866 review.

Under section 307(b)(1) of the Clean

Air Act, petitions for judicial review of

this action must be filed in the United

States Court of Appeals for the

appropriate circuit by May 8, 1995.

Filing a petition for reconsideration by

the Administrator of this final rule does

not affect the finality of this rule for the

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), 42 U.S.C. 7607(b)(2)).

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Incorporation by

reference, Small business assistance

program.

Note: Incorporation by reference of the

Implementation Plan for the State of

Washington was approved by the Director of

the Office of Federal Register on July 1, 1982.

Dated: February 1, 1995.

Chuck Clarke,

Regional Administrator.

Part 52, chapter I, title 40 of the 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 WW—Washington

2. Section 52.2470 is amended by

adding paragraph (c)(45) to read as

follows:

§ 52.2470 Identification of plan.

* * * * *

(c) * * *

(45) On November 16, 1992 the

Director of the Washington State

Department of Ecology submitted ‘‘State

Implementation Plan for the

Washington State Business Assistance

Program,’’ adopted November 13, 1992,

as a revision to the Washington SIP.

(i) Incorporation by reference.

(A) November 13, 1992 letter from the

Director of the Washington State

Department of Ecology submitting

‘‘State Implementation Plan for the

Washington State Business Assistance

Program’’ to EPA.

(B) State Implementation Plan for the

Washington State Business Assistance

Program, including Appendix B,

Revised Code of Washington (RCW)

70.94.035; Appendix D, Washington

Administrative Code 173–400–180;

Appendix E, RCW 70.94.181; and

Appendix F, Business Assistance

Program Guidelines (and exluding

Appendices A, C, and G), dated

November 1992, and adopted November

13, 1992.

* * * * *

[FR Doc. 95–5447 Filed 3–7–95; 8:45 am]

BILLING CODE 6560–50–F

40 CFR Part 52

[GA–15–1–6285a; GA–21–4–6514a: FRL–

5153–3]

Approval and Promulgation of

Implementation Plans Georgia:

Approval of Part D New Source Review

(NSR) Regulations

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: On December 15, 1986, and

November 13, 1992, the Georgia

Department of Natural Resources,

Environmental Protection Division

(EPD) submitted to EPA amendments to

Georgia Air Quality Control Rules for

Definitions and Permits. Georgia’s

definitions rule was amended to

incorporate and adopt by reference

definitions in Federal rules for

application in designated nonattainment

areas. Georgia’s permit rule was

amended to add new paragraphs to meet

the requirements of the Clean Air Act

(Act) as amended in 1977 and 1990. The

New Source Review (NSR) revisions of

the Georgia submittal fully meet the

NSR requirements of the amended Act.

Therefore, EPA is approving the

submitted revisions.

DATES: This final rule is effective on

May 8, 1995 unless adverse or critical

comments are received by April 7, 1995.

If the effective date is delayed, timely

notice will be published in the Federal

Register.

ADDRESSES: Written comments should

be addressed to: Dick Schutt, 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 documents relevant to

this final action are available for public

inspection 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.

Region 4 Air Programs Branch,

Environmental Protection Agency,

345 Courtland Street NE, Atlanta,

Georgia 30365.

Air Protection Branch, Georgia

Environmental Protection Division,

Georgia Department of Natural

Resources, 4244 International

Parkway, Suite 120, Atlanta, Georgia

30354.

FOR FURTHER INFORMATION CONTACT:

Please contact Dick Schutt of the EPA

Region 4 Air Programs Branch at 404–

347–3555, extension 4206, and at the

above address.

SUPPLEMENTARY INFORMATION: On

December 15, 1986, the Georgia

Department of Natural Resources (DNR)

submitted changes to Chapter 391–3–1

of their rules, Rules for Air Quality

Control. Among the revisions were

amendments to Georgia Air Quality

Control Rules 391–3–1–.01, Definitions,

and 391–3–1–.03, Permits. EPA

proposed to approve these revisions in

the June 3, 1988 Federal Register

document (53 FR 20347).

In response to the 1990 Clean Air Act

Amendments (CAAA), the DNR

submitted on November 13, 1992,

additional changes to the Air Quality

rules. This submittal, along with the

1986 submittal, satisfies the new source

review requirements for nonattainment

areas in Georgia. Georgia Rule 391–3–1–

.01, Definitions, was amended to

incorporate and adopt by reference the

definitions contained in 40 CFR

51.165(a)(1) (i)–(xix) for application in

designated nonattainment areas. The

definitions contained in the Federal

rules include definitions for the

following: stationary source, major

stationary source, potential to emit,

major modification, net emissions

increase, emissions unit, secondary

emissions, fugitive emissions,

significant, allowable emissions, actual

emissions, lowest achievable emission

rate, federally enforceable, begin actual

construction, commence, necessary