42 U.S.C. § 7661f : US Code - Section 7661F: Small business stationary source technical and environmental compliance assistance program

Search 42 U.S.C. § 7661f : US Code - Section 7661F: Small business stationary source technical and environmental compliance assistance program

(a) Plan revisions
Consistent with sections 7410 and 7412 of this title, each State
shall, after reasonable notice and public hearings, adopt and
submit to the Administrator as part of the State implementation
plan for such State or as a revision to such State implementation
plan under section 7410 of this title, plans for establishing a
small business stationary source technical and environmental
compliance assistance program. Such submission shall be made within
24 months after November 15, 1990. The Administrator shall approve
such program if it includes each of the following:
(1) 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 this chapter.
(2) 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.
(3) A designated State office within the relevant State agency
to serve as ombudsman for small business stationary sources in
connection with the implementation of this chapter.
(4) A compliance assistance program for small business
stationary sources which assists small business stationary
sources in determining applicable requirements and in receiving
permits under this chapter in a timely and efficient manner.
(5) Adequate mechanisms to assure that small business
stationary sources receive notice of their rights under this
chapter 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 standard
issued under this chapter.
(6) Adequate mechanisms for informing small business stationary
sources of their obligations under this chapter, 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 this
chapter.
(7) 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 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. No such modification may be
granted unless it is in compliance with the applicable
requirements of this chapter, including the requirements of the
applicable implementation plan. Where such applicable
requirements are set forth in Federal regulations, only
modifications authorized in such regulations may be allowed.
(b) Program
The Administrator shall establish within 9 months after November
15, 1990, a small business stationary source technical and
environmental compliance assistance program. Such program shall -
(1) assist the States in the development of the program
required under subsection (a) of this section (relating to
assistance for small business stationary sources);
(2) issue guidance for the use of the States in the
implementation of these programs that includes alternative
control technologies and pollution prevention methods applicable
to small business stationary sources; and
(3) provide for implementation of the program provisions
required under subsection (a)(4) of this section in any State
that fails to submit such a program under that subsection.
(c) Eligibility
(1) Except as provided in paragraphs (2) and (3), for purposes of
this section, the term "small business stationary source" means a
stationary source that -
(A) is owned or operated by a person that employs 100 or fewer
individuals,
(B) is a small business concern as defined in the Small
Business Act [15 U.S.C. 631 et seq.];
(C) is not a major stationary source;
(D) does not emit 50 tons or more per year of any regulated
pollutant; and
(E) emits less than 75 tons per year of all regulated
pollutants.
(2) Upon petition by a source, the State 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 subparagraphs (!1) (C),
(D), or (E) of paragraph (1) but which does not emit more than 100
tons per year of all regulated pollutants.
(3)(A) The Administrator, in consultation with the Administrator
of the Small Business Administration and after providing notice and
opportunity for public comment, may exclude from the small business
stationary source definition under this section any category or
subcategory of sources that the Administrator determines to have
sufficient technical and financial capabilities to meet the
requirements of this chapter without the application of this
subsection.
(B) The State, in consultation with the Administrator 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 State
determines to have sufficient technical and financial capabilities
to meet the requirements of this chapter without the application of
this subsection.
(d) Monitoring
The Administrator shall direct the Agency's Office of Small and
Disadvantaged Business Utilization through the Small Business
Ombudsman (hereinafter in this section referred to as the
"Ombudsman") to monitor the small business stationary source
technical and environmental compliance assistance program under
this section. In carrying out such monitoring activities, the
Ombudsman shall -
(1) render advisory opinions on the overall effectiveness of
the Small Business Stationary Source Technical and Environmental
Compliance Assistance Program, difficulties encountered, and
degree and severity of enforcement;
(2) make periodic reports to the Congress on the compliance of
the Small Business Stationary Source Technical and Environmental
Compliance Assistance Program with the requirements of the
Paperwork Reduction Act,(!2) the Regulatory Flexibility Act [5
U.S.C. 601 et seq.], and the Equal Access to Justice Act;
(3) review information to be issued by the Small Business
Stationary Source Technical and Environmental Compliance
Assistance Program for small business stationary sources to
ensure that the information is understandable by the layperson;
and
(4) have the Small Business Stationary Source Technical and
Environmental Compliance Assistance Program serve as the
secretariat for the development and dissemination of such reports
and advisory opinions.
(e) Compliance Advisory Panel
(1) There shall be created a Compliance Advisory Panel
(hereinafter referred to as the "Panel") on the State level of not
less than 7 individuals. This Panel shall -
(A) render advisory opinions concerning the effectiveness of
the small business stationary source technical and environmental
compliance assistance program, difficulties encountered, and
degree and severity of enforcement;
(B) make periodic reports to the Administrator concerning the
compliance of the State Small Business Stationary Source
Technical and Environmental Compliance Assistance Program with
the requirements of the Paperwork Reduction Act,(!2) the
Regulatory Flexibility Act [5 U.S.C. 601 et seq.], and the Equal
Access to Justice Act;
(C) review information for small business stationary sources to
assure such information is understandable by the layperson; and
(D) have the Small Business Stationary Source Technical and
Environmental Compliance Assistance Program serve as the
secretariat for the development and dissemination of such reports
and advisory opinions.
(2) The Panel shall consist of -
(A) 2 members, who are not owners, or representatives of
owners, of small business stationary sources, selected by the
Governor to represent the general public;
(B) 2 members selected by the State legislature who are owners,
or who represent owners, of small business stationary sources (1
member each by the majority and minority leadership of the lower
house, or in the case of a unicameral State legislature, 2
members each shall be selected by the majority leadership and the
minority leadership, respectively, of such legislature, and
subparagraph (C) shall not apply);
(C) 2 members selected by the State legislature who are owners,
or who represent owners, of small business stationary sources (1
member each by the majority and minority leadership of the upper
house, or the equivalent State entity); and
(D) 1 member selected by the head of the department or agency
of the State responsible for air pollution permit programs to
represent that agency.
(f) Fees
The State (or the Administrator) may reduce any fee required
under this chapter to take into account the financial resources of
small business stationary sources.
(g) Continuous emission monitors
In developing regulations and CTGs under this chapter that
contain continuous emission monitoring requirements, the
Administrator, consistent with the requirements of this chapter,
before applying such requirements to small business stationary
sources, shall consider the necessity and appropriateness of such
requirements for such sources. Nothing in this subsection shall
affect the applicability of subchapter IV-A of this chapter
provisions relating to continuous emissions monitoring.
(h) Control technique guidelines
The Administrator shall consider, consistent with the
requirements of this chapter, the size, type, and technical
capabilities of small business stationary sources (and sources
which are eligible under subsection (c)(2) of this section to be
treated as small business stationary sources) in developing CTGs
applicable to such sources under this chapter.