Section 137. Small business stationary source ombudsman program  


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  • 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.