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Clean Air Act Approval and Promulgation of Title V, Section 507, Small Business Stationary Source Technical and Environmental Compliance Assistance Program for Nevada
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[Federal Register: February 9, 1996 (Volume 61, Number 28)] [Rules and Regulations] [Page 4901-4902] From the Federal Register Online via GPO Access [wais.access.gpo.gov]
ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [NV23-1-7219a; FRL-5338-8] Clean Air Act Approval and Promulgation of Title V, Section 507, Small Business Stationary Source Technical and Environmental Compliance Assistance Program for Nevada AGENCY: Environmental Protection Agency (EPA). ACTION: Direct final rule.
SUMMARY: EPA is taking direct final action on revisions to the Nevada State Implementation Plan. On May 3, 1995 EPA published the Notice of Proposed Rulemaking to partially approve and partially disapprove the State Implementation Plan (SIP) revision submitted by the State of Nevada for the purpose of establishing a Small Business Stationary Source Technical and Environmental Compliance Assistance Program (PROGRAM). The cause of the proposed disapproval has since been corrected by the State. Thus, EPA is finalizing approval of these revisions into the Nevada SIP under provisions of the CAA regarding EPA action on SIP submittals and plan requirements for establishing a PROGRAM. DATES: This action is effective on April 9, 1996 unless adverse or critical comments are received by March 11, 1996. If the effective date is delayed, a timely notice will be published in the Federal Register. 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 SW., Washington, DC 20460.
Nevada Division of Environmental Protection, Bureau of Air Quality, 123 West Nye Lane, Room 123, Carson City, NV 89710. FOR FURTHER INFORMATION CONTACT: R. Michael Stenburg, A-1, U.S. Environmental Protection Agency, 75 Hawthorne Street, San Francisco, CA 94105, (415) 744-1182. SUPPLEMENTARY INFORMATION:
- 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 [[Page 4902]]
further guidance to the States on submitting acceptable SIP revisions. On June 28, 1994, the State of Nevada 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 3, 1995 Federal Register Notice of Proposed Rulemaking (NPR) 60 FR 21781. EPA proposed to partially disapprove the June 28, 1994 submittal for not satisfying the Compliance Advisory Panel requirements for indicating an implementation schedule of milestones showing when the officials will be appointed and when the program will be operational and for not indicating that the Compliance Advisory Panel will review and assure that information for small business stationary sources is easily understandable. On June 20, 1995 the State held a public hearing which adopted an implementation schedule and the aforementioned procedure for insuring information is understandable by the layperson. On July 5, 1995 the State submitted the corresponding SIP revision which became effective on July 5, 1995. 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 all the PROGRAM elements now meet the applicable EPA requirements. A detailed discussion of the background for each of the above PROGRAM elements is provided both in this Federal Register and in the May 3, 1995 Federal Register Notice of Proposed Rulemaking (NPR). II. Response to Public Comments A 30-day public comment period was provided in the May 3, 1995 Federal Register NPR. EPA received no public comments. III. Final Action EPA is approving the SIP revisions submitted by the State of Nevada. The revisions were made to satisfy the requirements of Section 507 of the CAA.
EPA is publishing this document 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 April 9, 1996, unless, by March 11, 1996, 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 April 9, 1996. 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 populations 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, Intergovernmental relations. Note: Incorporation by reference of the State Implementation Plan for the State of Nevada was approved by the Director of the Federal Register on July 1, 1982. Dated: November 20, 1995.
Felicia Marcus,
Regional Administrator. Part 52, chapter I, title 40 of the Code of Federal Regulations is amended as follows: PART 52--[AMENDED]
- The authority citation for Part 52 continues to read as follows: Authority: 42 U.S.C. 7401-7671q. Subpart DD--Nevada 2. Section 52.1470 is amended by adding paragraphs (c) (34) and (35) to read as follows: Sec. 52.1470 Identification of plan.
[FR Doc. 96-2828 Filed 2-8-96; 8:45 am] BILLING CODE 6560-50-P
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(c) * * *
(34) Program elements were submitted on June 28, 1994 by the Governor's designee.
(i) Incorporation by reference.
(A) Small Business Stationary Source Technical and Environmental Compliance Assistance Program, adopted on June 28, 1994. (35) Program elements were submitted on July 5, 1995 by the Governor's designee.
(i) Incorporation by reference.
(A) Small Business Stationary Source Technical and Environmental Compliance Assistance Program, adopted on July 5, 1995.