§ 35-11-209 — Small business stationary source technical and environmental compliance assistance program

Wyoming § 35-11-209

• Jurisdiction: Wyoming
• Title 35: Public Health and Safety
• Ch. 11: ENVIRONMENTAL QUALITY
• Art. 2: AIR QUALITY

Text

(a) The department shall act as ombudsman for small
business stationary sources in connection with implementation of
the operating permit program and the Clean Air Act.
(b) As ombudsman the department shall, in accordance with
section 507 of the Clean Air Act, submit to the environmental
protection agency plans for establishing a small business
stationary source technical and environmental compliance
assistance program.
(c) The program shall be implemented by rules adopted by
the department and shall contain:
(i) 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 Clean Air Act;
(ii) 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;
(iii) A compliance assistance program for small
business stationary sources which assists small business
stationary sources in determining applicable requirements and in
receiving permits under the operating permit program and the
Clean Air Act in a timely and efficient manner;
(iv) Adequate mechanisms to assure that small
business stationary sources receive notice of their rights under
the Clean Air Act in a 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
standard issued under the operating permit program or the Clean
Air Act;
(v) Adequate mechanisms for informing small business
stationary sources of their obligations under the operating
permit program and the Clean Air 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 Clean Air Act;
(vi) 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
a work practice or method of compliance preceding any applicable
compliance date, based on the technological and financial
capability of the small business stationary source. No
modification may be granted unless it is in compliance with the
applicable requirements established pursuant to this article,
the Clean Air Act, and the requirements of the operating permit
program.
(d) Except as provided in subsection (e) of this section,
for purposes of this section, "small business stationary source"
means a stationary source that:
(i) Is owned or operated by a person that employs one
hundred (100) or fewer individuals;
(ii) Is a small business concern as defined in the
Small Business Act;
(iii) Is not a major stationary source as defined in
W.S. 35-11-203(a)(i)(A);
(iv) Does not emit fifty (50) tons or more per year
of any regulated pollutant; and
(v) Emits less than seventy-five (75) tons per year
of all regulated pollutants.
(e) Upon petition by a source, the department may, after
notice and opportunity for public comment, include as a small
business stationary source for purposes of this section any
stationary source which does not meet the criteria of paragraph
(d)(iii), (iv) or (v) of this section but which does not emit
more than one hundred (100) tons per year of all regulated
pollutants.
(f) The department, in consultation with the environmental
protection agency and the administrator of the small business
administration and after providing notice and opportunity for
public hearing, may exclude from the small business stationary
source definition under this section any category or subcategory
of sources that the department determines to have sufficient
technical and financial capabilities to meet the requirements of
the Clean Air Act without the application of this section.