Section 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.