N.Y. Economic Development Law § 137: Small business stationary source ombudsman program

§ 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.