N.Y. Environmental Conservation Law § 19-0313: Small business stationary source technical and environmental compliance assistance program

§ 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.