§ 137. Small business stationary source ombudsman program. 1. There
is hereby established within the division for small businesses a small
business stationary source ombudsman program. The primary purpose of the
small business stationary source ombudsman program is to represent small
business stationary sources on issues relating to compliance with the
federal Clean Air Act, 42 U.S.C. Section 7401 et seq. as amended by
Public Law 101-549, November fifteenth, nineteen hundred ninety,
hereinafter referred to as the "Act", and to refer small business
stationary sources to appropriate entities for assistance in compliance
with article nineteen of the environmental conservation law and the Act.
For purposes of this section a small business stationary source shall
have the same meaning as in section 19-0313 of the environmental
conservation law.

2. The department shall, through the small business stationary source
ombudsman program, perform all functions necessary to implement the
requirements of section 7661f of the Act including:

a. soliciting input from small business stationary sources regarding
compliance with the Act and article nineteen of the environmental
conservation law, including interacting with organizations representing
small businesses such as trade associations or other entities;

b. participating in, and facilitating and promoting the participation
of small business stationary sources in the development and
implementation of rules and regulations adopted pursuant to article
nineteen of the environmental conservation law;

c. participating in, and sponsoring meetings with the department of
environmental conservation, local air pollution control agencies,
industry groups and small business representatives;

d. providing guidance and recommendations to the department of
environmental conservation on the development, content and operation of
the small business stationary source technical and environmental
compliance assistance program as created by section 19-0313 of the
environmental conservation law;

e. distributing to small business stationary sources information and
materials on the requirements of the Act and article nineteen of the
environmental conservation law;

f. reporting to the small business stationary source compliance
advisory panel as established pursuant to section 19-0315 of the
environmental conservation law on any problems or difficulties
experienced by small business stationary sources in complying with
article nineteen of the environmental conservation law and the Act,
including the degree and severity of enforcement;

g. aiding in the investigation and resolution of complaints and
disputes from small business stationary sources against the department
of environmental conservation and local air pollution control
authorities;

h. conducting periodic evaluations of all aspects of the small
business stationary source technical and environmental compliance
assistance program as identified under section 19-0313 of the
environmental conservation law including reviewing the work and services
of the program with trade associations and representatives of small
business;

i. reviewing and providing comments and recommendations to the United
States environmental protection agency and the department of
environmental conservation regarding the development and implementation
of regulations that impact small business stationary sources;

j. arranging for and assisting in the preparation of guidance
documents by the small business stationary source technical and
environmental compliance assistance program as required pursuant to
section 19-0313 of the environmental conservation law to ensure that the
language is readily understandable by the lay person;

k. referring small business stationary sources to specialists for
information and assistance on affordable alternative technologies,
process changes, products and operational methods to help reduce air
pollution;

l. providing information to small business stationary sources on
state-sponsored programs offering financial and technical assistance,
and in locating sources of funding for compliance with the requirements
of article nineteen of the environmental conservation law and the Act;
and

m. establishing procedures for assuring the confidentiality of
information received from small business stationary sources.

3. The provisions of article six of the public officers law shall not
apply to records containing information supplied by small business
stationary sources pursuant to the provisions of this section.