NY Env Conserv L § 19-0313 (2021)
2021 New York Laws ENV - Environmental Conservation Article 19 - Air Pollution Control Title 3 - Powers and Duties 19-0313 - Small Business Stationary Source Technical and Environmental Compliance Assistance Program.

§ 19-0313. Small  business stationary source technical and environmentalcompliance 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;   andk.  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.