§ 19-0313 — Small business stationary source technical and environmental compliance assistance program

§ 19-0313. Small business stationary source technical and environmental\n compliance assistance program.\n 1. The commissioner is hereby authorized and directed to establish,\ndevelop and implement a small business stationary source technical and\nenvironmental compliance assistance program for those categories of\nsources of air contamination identified in section 7661f(c) of the Act\nor any other category of source the commissioner deems appropriate. The\ncommissioner, after consultation with the administrator of the United\nStates environmental protection agency, the administrator of the United\nStates small business administration, the small business stationary\nsource compliance advisory panel and the small business stationary\nsource ombudsman created pursuant to section one hundred thirty-seven of\nthe economic development law, and after providing notice and opportunity\nfor public hearing, may exclude from the program any category or\nsubcategory of sources identified in section 7661f(c) of the Act that\nthe commissioner determines to have sufficient technical and financial\ncapabilities to meet the requirements of the Act without such\nassistance. The department may designate eligibility for assistance\nbased on whether the stationary source has sufficient technical and\nfinancial capabilities to comply with federal and state law without such\nassistance. Such program shall include:\n a. the development, collection and coordination of information\nconcerning compliance methods and technologies for stationary sources of\nair pollution, and programs to encourage lawful cooperation among such\nsources and other persons to further comply with the provisions of this\narticle;\n b. adequate mechanisms for assisting small business stationary sources\nwith pollution prevention and accidental release detection and\nprevention, including providing information concerning alternative\ntechnologies, process changes and products and methods of operation that\nhelp reduce air pollution;\n c. the provision of assistance for small business stationary sources\nin: (i) determining applicable requirements of the Act and this article\nand rules and regulations promulgated pursuant thereto; and (ii)\nsubmitting complete permit applications consistent with the provisions\nof section 19-0311 of this title, and receiving permits issued by the\ndepartment in a timely and efficient manner;\n d. adequate mechanisms to assure that small business stationary\nsources receive notice of their rights under the Act and this article\nand rules and regulations promulgated pursuant thereto in such a manner\nand form as to assure reasonably adequate time for such sources to\nevaluate compliance methods and any relevant or applicable proposed or\nfinal regulation or standard or state implementation plan revision\nissued pursuant to the Act;\n e. adequate mechanisms for informing small business stationary sources\nof their obligations under this article and the Act, including\nestablishing mechanisms for referring these sources to qualified\nauditors, or at the department's option upon the request of the small\nbusiness stationary source, for providing audits of the operations of\nsuch sources to determine compliance with the Act and this article and\nrules and regulations promulgated pursuant thereto;\n f. procedures for consideration of, and response to, requests from\nsmall business stationary sources for technical and environmental\ncompliance assistance including, but not limited to: (i) assistance in\nthe modification of any work practice and the identification of\naffordable alternative technologies or technological improvements to\nachieve compliance with or to establish compliance procedures pursuant\nto the Act or this article and rules and regulations promulgated\npursuant thereto; (ii) the establishment of a schedule of milestones for\nimplementing such work practice or method of compliance preceding any\napplicable compliance date, based on the technology and financial\ncapability of such small business stationary source; and (iii) on-site\nconsultations, if requested by a small business stationary source,\nregarding achievement of compliance. No modification may be recommended\nunless it is in compliance with the applicable requirements of the Act,\nincluding applicable requirements of the state implementation plan.\nWhere applicable requirements are set forth in federal or state\nregulations, only those modifications authorized in such regulations may\nbe made;\n g. procedures for soliciting input from and exchanging information\nwith the small business stationary source ombudsman created pursuant to\nsection one hundred thirty-seven of the economic development law,\nregarding compliance requirements for small business stationary sources;\n h. adequate mechanisms for the collection and dissemination of\ninformation to small business stationary sources, including: (i) the\ndevelopment of small business stationary source guidance manuals\nindicating the categories of small businesses subject to the\nrequirements of this article and the Act, specific compliance\nrequirements and options, a schedule of compliance deadlines and other\npertinent information; and (ii) the establishment of a toll-free\ntelephone number dedicated to answering questions involving small\nbusiness stationary source compliance;\n i. procedures for assuring the confidentiality of information received\nfrom small business stationary sources;\n j. the identification of individuals and firms with a distinctive\ncompetence in areas related to business compliance with environmental\nlaws, rules and regulations, and a demonstrated ability to serve small\nbusinesses, for the purpose of referring small business stationary\nsources with identified needs to consultants with relevant expertise;\nand\n k. the provision of information on state-sponsored programs offering\nfinancial or technical assistance and on funding available from private\nlenders to stationary sources and aid such sources in applying for\nfinancial assistance or funding.\n 2. In developing the small business stationary source technical and\nenvironmental compliance assistance program the department may contract\nwith either the environmental facilities corporation or any other person\nthe commissioner deems appropriate to carry out any or all of the\nprovisions of this section.\n 3. In developing and implementing the small business stationary source\ntechnical and environmental compliance assistance program as required\npursuant to subdivision one of this section, the department shall\nconsult with the small business stationary source compliance advisory\npanel as created pursuant to section 19-0315 of this title and the small\nbusiness stationary source ombudsman as created pursuant to section one\nhundred thirty-seven of the economic development law.\n 4. The provisions of article six of the public officers law shall not\napply to records containing information supplied by small business\nstationary sources to the environmental facilities corporation pursuant\nto this section.\n