[Federal Register Volume 60, Number 55 (Wednesday, March 22, 1995)]
[Rules and Regulations]
[Pages 15061-15062]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-7006]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52

[CA-65-1-6859; FRL-5168-7]


Clean Air Act Approval and Promulgation of Title V, Section 507, 
Small Business Stationary Source Technical and Environmental Compliance 
Assistance Program for California

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: On May 31, 1994 EPA published the Notice of Proposed 
Rulemaking to approve the State Implementation Plan (SIP) revision 
submitted by the State of California for the purpose of establishing a 
Small Business Stationary Source Technical and Environmental Compliance 
Assistance Program (PROGRAM). The SIP revision plan was submitted by 
the State to satisfy the Federal mandate, found in the Clean Air Act 
(CAA), to ensure that small businesses have access to the technical 
assistance and regulatory information necessary to comply with the CAA. 
The rationale for the approval was set forth in the proposal. EPA 
received one comment from the Southern California Gas Company which 
does not impact the proposed action. Therefore, EPA is proceeding with 
its approval of the revision to the California SIP for establishing a 
PROGRAM.

EFFECTIVE DATE: This rule will become effective on April 21, 1995.

ADDRESSES: Copies of the documents relevant to this action are 
available for public inspection during normal business hours at the 
following locations:

U.S. Environmental Protection Agency, 75 Hawthorne Street, San 
Francisco, CA 94105
U.S. Environmental Protection Agency, Air Docket 6102, 401 ``M'' 
Street, S.W., Washington, D.C., 20460.
State of California, Air Resources Board, 2020 L Street, Sacramento, CA 
95814.

FOR FURTHER INFORMATION CONTACT: R. Michael Stenburg, A-1, U.S 
Environmental Protection Agency, 75 Hawthorne Street, San 
Francisco, CA 94105, (415) 744-1102.

SUPPLEMENTARY INFORMATION:

I. Background

    Implementation of the provisions of the Clean Air Act (CAA), as 
amended in 1990, will require regulation of many small businesses so 
that areas may attain and maintain the national ambient air quality 
standards (NAAQS) and reduce the emission of air toxics. Small 
businesses frequently lack the technical expertise and financial 
resources necessary to evaluate such regulations and to determine the 
appropriate mechanisms for compliance. In anticipation of the impact of 
these requirements on small businesses, the CAA requires that States 
adopt a Small Business Stationary Source Technical and Environmental 
Compliance Assistance Program (PROGRAM), and submit this PROGRAM as a 
revision to the Federally approved SIP. In addition, the CAA directs 
the Environmental Protection Agency (EPA) to oversee these small 
business assistance programs and report to Congress on their 
implementation. The requirements for establishing a PROGRAM are set out 
in Section 507 of Title V of the CAA. In February 1992, EPA issued 
Guidelines for the Implementation of Section 507 of the 1990 Clean Air 
Act Amendments, in order to delineate the Federal and State roles in 
meeting the new statutory provisions and as a tool to provide further 
guidance to the States on submitting acceptable SIP revisions.
    On November 13, 1992 the State of California submitted a SIP 
revision to EPA in order to satisfy the requirements of Section 507. In 
order to gain full approval, the State submittal must provide for each 
of the following PROGRAM elements: (1) the establishment of a Small 
Business Assistance Program (SBAP) to provide technical and compliance 
assistance to small businesses; (2) the establishment of a State Small 
Business Ombudsman to represent the interests of small businesses in 
the regulatory process; and (3) the creation of a Compliance Advisory 
Panel (CAP) to determine and report on the overall effectiveness of the 
SBAP. A detailed discussion of the background for each of the above 
PROGRAM elements is provided in the May 31, 1994 Federal Register 
Notice of Proposed Rulemaking (NPR) (59 FR 28036).
[[Page 15062]]

    EPA has evaluated all of the above PROGRAM elements for consistency 
with the requirements of the CAA and the EPA policy guidance document. 
EPA has found that the PROGRAM elements meet the applicable EPA 
requirements. A detailed discussion of the PROGRAM elements and 
evaluations has been provided in the May 31, 1994 Federal Register NPR 
(59 FR 28036).

II. Response to Public Comments

    A 30-day public comment period was provided in the May 31, 1994 
Federal Register NPR. EPA received one comment from the Southern 
California Gas Company (Gas Company). The Gas Company commented that 
governmental assistance and education programs should present factual 
and objective information on fuels and fuel use characteristics without 
encouraging the selection of a particular fuel or technology. Since the 
PROGRAM does not advocate the use of any particular fuel but rather 
serves to provide small businesses with technical assistance and 
regulatory information necessary to comply with the CAA, EPA did not 
find this comment to be in conflict with the SIP revision. Thus this 
comment does not effect the EPA's proposal to approve the PROGRAM.

III. Final Action

    EPA is approving the SIP revisions submitted by the State of 
California. The revisions were made to satisfy the requirements of 
Section 507 of the CAA.
    The OMB has exempted this action from review under Executive Order 
12866.
    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 population of less than 
50,000.
    By this action, 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 today 
does not impose any new regulatory burden on small businesses; it is a 
program under which small businesses may elect to take advantage of 
assistance provided by the state. Therefore, because the EPA's approval 
of this program does not impose any new regulatory requirements on 
small businesses, I certify that it does not have a significant 
economic impact on any small entities affected.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Small business assistance program.

    Note: Incorporation by reference of the State Implementation 
Plan for the State of California was approved by the Director of the 
Federal Register on July 1, 1982.

    Dated: February 24, 1995.
Felicia Marcus,
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 F--California

    2. Section 52.220 is amended by adding paragraph (c)(200) to read 
as follows:


Sec. 52.220  Identification of plan.

* * * * *
    (c) * * *
    (200) Program elements were submitted on November 13, 1992 by the 
Governor's designee.
    (i) Incorporation by reference.
    (A) Small Business Stationary Source Technical and Environmental 
Compliance Assistance Program, adopted on October 15, 1992.
* * * * *
[FR Doc. 95-7006 Filed 3-21-95; 8:45 am]
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