§ 19-0313. Small business stationary source technical and environmental

compliance assistance program.

1. The commissioner is hereby authorized and directed to establish,
develop and implement a small business stationary source technical and
environmental compliance assistance program for those categories of
sources of air contamination identified in section 7661f(c) of the Act
or any other category of source the commissioner deems appropriate. The
commissioner, after consultation with the administrator of the United
States environmental protection agency, the administrator of the United
States small business administration, the small business stationary
source compliance advisory panel and the small business stationary
source ombudsman created pursuant to section one hundred thirty-seven of
the economic development law, and after providing notice and opportunity
for public hearing, may exclude from the program any category or
subcategory of sources identified in section 7661f(c) of the Act that
the commissioner determines to have sufficient technical and financial
capabilities to meet the requirements of the Act without such
assistance. The department may designate eligibility for assistance
based on whether the stationary source has sufficient technical and
financial capabilities to comply with federal and state law without such
assistance. Such program shall include:

a. the development, collection and coordination of information
concerning compliance methods and technologies for stationary sources of
air pollution, and programs to encourage lawful cooperation among such
sources and other persons to further comply with the provisions of this
article;

b. 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 and products and methods of operation that
help reduce air pollution;

c. the provision of assistance for small business stationary sources
in: (i) determining applicable requirements of the Act and this article
and rules and regulations promulgated pursuant thereto; and (ii)
submitting complete permit applications consistent with the provisions
of section 19-0311 of this title, and receiving permits issued by the
department in a timely and efficient manner;

d. adequate mechanisms to assure that small business stationary
sources receive notice of their rights under the Act and this article
and rules and regulations promulgated pursuant thereto in such 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 or state implementation plan revision
issued pursuant to the Act;

e. adequate mechanisms for informing small business stationary sources
of their obligations under this article and the Act, including
establishing mechanisms for referring these sources to qualified
auditors, or at the department's option upon the request of the small
business stationary source, for providing audits of the operations of
such sources to determine compliance with the Act and this article and
rules and regulations promulgated pursuant thereto;

f. procedures for consideration of, and response to, requests from
small business stationary sources for technical and environmental
compliance assistance including, but not limited to: (i) assistance in
the modification of any work practice and the identification of
affordable alternative technologies or technological improvements to
achieve compliance with or to establish compliance procedures pursuant
to the Act or this article and rules and regulations promulgated
pursuant thereto; (ii) the establishment of a schedule of milestones for
implementing such work practice or method of compliance preceding any
applicable compliance date, based on the technology and financial
capability of such small business stationary source; and (iii) on-site
consultations, if requested by a small business stationary source,
regarding achievement of compliance. No modification may be recommended
unless it is in compliance with the applicable requirements of the Act,
including applicable requirements of the state implementation plan.
Where applicable requirements are set forth in federal or state
regulations, only those modifications authorized in such regulations may
be made;

g. procedures for soliciting input from and exchanging information
with the small business stationary source ombudsman created pursuant to
section one hundred thirty-seven of the economic development law,
regarding compliance requirements for small business stationary sources;

h. adequate mechanisms for the collection and dissemination of
information to small business stationary sources, including: (i) the
development of small business stationary source guidance manuals
indicating the categories of small businesses subject to the
requirements of this article and the Act, specific compliance
requirements and options, a schedule of compliance deadlines and other
pertinent information; and (ii) the establishment of a toll-free
telephone number dedicated to answering questions involving small
business stationary source compliance;

i. procedures for assuring the confidentiality of information received
from small business stationary sources;

j. the identification of individuals and firms with a distinctive
competence in areas related to business compliance with environmental
laws, rules and regulations, and a demonstrated ability to serve small
businesses, for the purpose of referring small business stationary
sources with identified needs to consultants with relevant expertise;
and

k. the provision of information on state-sponsored programs offering
financial or technical assistance and on funding available from private
lenders to stationary sources and aid such sources in applying for
financial assistance or funding.

2. In developing the small business stationary source technical and
environmental compliance assistance program the department may contract
with either the environmental facilities corporation or any other person
the commissioner deems appropriate to carry out any or all of the
provisions of this section.

3. In developing and implementing the small business stationary source
technical and environmental compliance assistance program as required
pursuant to subdivision one of this section, the department shall
consult with the small business stationary source compliance advisory
panel as created pursuant to section 19-0315 of this title and the small
business stationary source ombudsman as created pursuant to section one
hundred thirty-seven of the economic development law.

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