
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC7661f]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
            CHAPTER 85--AIR POLLUTION PREVENTION AND CONTROL
 
                          SUBCHAPTER V--PERMITS
 
Sec. 7661f. Small business stationary source technical and 
        environmental compliance assistance program
        

(a) Plan revisions

    Consistent with sections 7410 and 7412 of this title, each State 
shall, after reasonable notice and public hearings, adopt and submit to 
the Administrator as part of the State implementation plan for such 
State or as a revision to such State implementation plan under section 
7410 of this title, plans for establishing a small business stationary 
source technical and environmental compliance assistance program. Such 
submission shall be made within 24 months after November 15, 1990. The 
Administrator shall approve such program if it includes each of the 
following:
        (1) Adequate mechanisms for developing, collecting, and 
    coordinating information concerning compliance methods and 
    technologies for small business stationary sources, and programs to 
    encourage lawful cooperation among such sources and other persons to 
    further compliance with this chapter.
        (2) 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, products, and methods of 
    operation that help reduce air pollution.
        (3) A designated State office within the relevant State agency 
    to serve as ombudsman for small business stationary sources in 
    connection with the implementation of this chapter.
        (4) A compliance assistance program for small business 
    stationary sources which assists small business stationary sources 
    in determining applicable requirements and in receiving permits 
    under this chapter in a timely and efficient manner.
        (5) Adequate mechanisms to assure that small business stationary 
    sources receive notice of their rights under this chapter in such 
    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 issued under 
    this chapter.
        (6) Adequate mechanisms for informing small business stationary 
    sources of their obligations under this chapter, including 
    mechanisms for referring such sources to qualified auditors or, at 
    the option of the State, for providing audits of the operations of 
    such sources to determine compliance with this chapter.
        (7) Procedures for consideration of requests from a small 
    business stationary source for modification of--
            (A) any work practice or technological method of compliance, 
        or
            (B) the schedule of milestones for implementing such work 
        practice or method of compliance preceding any applicable 
        compliance date,

    based on the technological and financial capability of any such 
    small business stationary source. No such modification may be 
    granted unless it is in compliance with the applicable requirements 
    of this chapter, including the requirements of the applicable 
    implementation plan. Where such applicable requirements are set 
    forth in Federal regulations, only modifications authorized in such 
    regulations may be allowed.

(b) Program

    The Administrator shall establish within 9 months after November 15, 
1990, a small business stationary source technical and environmental 
compliance assistance program. Such program shall--
        (1) assist the States in the development of the program required 
    under subsection (a) of this section (relating to assistance for 
    small business stationary sources);
        (2) issue guidance for the use of the States in the 
    implementation of these programs that includes alternative control 
    technologies and pollution prevention methods applicable to small 
    business stationary sources; and
        (3) provide for implementation of the program provisions 
    required under subsection (a)(4) of this section in any State that 
    fails to submit such a program under that subsection.

(c) Eligibility

    (1) Except as provided in paragraphs (2) and (3), for purposes of 
this section, the term ``small business stationary source'' means a 
stationary source that--
        (A) is owned or operated by a person that employs 100 or fewer 
    individuals,
        (B) is a small business concern as defined in the Small Business 
    Act [15 U.S.C. 631 et seq.];
        (C) is not a major stationary source;
        (D) does not emit 50 tons or more per year of any regulated 
    pollutant; and
        (E) emits less than 75 tons per year of all regulated 
    pollutants.

    (2) Upon petition by a source, the State may, after notice and 
opportunity for public comment, include as a small business stationary 
source for purposes of this section any stationary source which does not 
meet the criteria of subparagraphs \1\ (C), (D), or (E) of paragraph (1) 
but which does not emit more than 100 tons per year of all regulated 
pollutants.
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    \1\ So in original. Probably should be ``subparagraph''.
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    (3)(A) The Administrator, in consultation with the Administrator of 
the Small Business Administration and after providing notice and 
opportunity for public comment, may exclude from the small business 
stationary source definition under this section any category or 
subcategory of sources that the Administrator determines to have 
sufficient technical and financial capabilities to meet the requirements 
of this chapter without the application of this subsection.
    (B) The State, in consultation with the Administrator and the 
Administrator of the Small Business Administration and after providing 
notice and opportunity for public hearing, may exclude from the small 
business stationary source definition under this section any category or 
subcategory of sources that the State determines to have sufficient 
technical and financial capabilities to meet the requirements of this 
chapter without the application of this subsection.

(d) Monitoring

    The Administrator shall direct the Agency's Office of Small and 
Disadvantaged Business Utilization through the Small Business Ombudsman 
(hereinafter in this section referred to as the ``Ombudsman'') to 
monitor the small business stationary source technical and environmental 
compliance assistance program under this section. In carrying out such 
monitoring activities, the Ombudsman shall--
        (1) render advisory opinions on the overall effectiveness of the 
    Small Business Stationary Source Technical and Environmental 
    Compliance Assistance Program, difficulties encountered, and degree 
    and severity of enforcement;
        (2) make periodic reports to the Congress on the compliance of 
    the Small Business Stationary Source Technical and Environmental 
    Compliance Assistance Program with the requirements of the Paperwork 
    Reduction Act,\2\ the Regulatory Flexibility Act [5 U.S.C. 601 et 
    seq.], and the Equal Access to Justice Act;
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    \2\ See References in Text note below.
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        (3) review information to be issued by the Small Business 
    Stationary Source Technical and Environmental Compliance Assistance 
    Program for small business stationary sources to ensure that the 
    information is understandable by the layperson; and
        (4) have the Small Business Stationary Source Technical and 
    Environmental Compliance Assistance Program serve as the secretariat 
    for the development and dissemination of such reports and advisory 
    opinions.

(e) Compliance Advisory Panel

    (1) There shall be created a Compliance Advisory Panel (hereinafter 
referred to as the ``Panel'') on the State level of not less than 7 
individuals. This Panel shall--
        (A) render advisory opinions concerning the effectiveness of the 
    small business stationary source technical and environmental 
    compliance assistance program, difficulties encountered, and degree 
    and severity of enforcement;
        (B) make periodic reports to the Administrator concerning the 
    compliance of the State Small Business Stationary Source Technical 
    and Environmental Compliance Assistance Program with the 
    requirements of the Paperwork Reduction Act,\2\ the Regulatory 
    Flexibility Act [5 U.S.C. 601 et seq.], and the Equal Access to 
    Justice Act;
        (C) review information for small business stationary sources to 
    assure such information is understandable by the layperson; and
        (D) have the Small Business Stationary Source Technical and 
    Environmental Compliance Assistance Program serve as the secretariat 
    for the development and dissemination of such reports and advisory 
    opinions.

    (2) The Panel shall consist of--
        (A) 2 members, who are not owners, or representatives of owners, 
    of small business stationary sources, selected by the Governor to 
    represent the general public;
        (B) 2 members selected by the State legislature who are owners, 
    or who represent owners, of small business stationary sources (1 
    member each by the majority and minority leadership of the lower 
    house, or in the case of a unicameral State legislature, 2 members 
    each shall be selected by the majority leadership and the minority 
    leadership, respectively, of such legislature, and subparagraph (C) 
    shall not apply);
        (C) 2 members selected by the State legislature who are owners, 
    or who represent owners, of small business stationary sources (1 
    member each by the majority and minority leadership of the upper 
    house, or the equivalent State entity); and
        (D) 1 member selected by the head of the department or agency of 
    the State responsible for air pollution permit programs to represent 
    that agency.

(f) Fees

    The State (or the Administrator) may reduce any fee required under 
this chapter to take into account the financial resources of small 
business stationary sources.

(g) Continuous emission monitors

    In developing regulations and CTGs under this chapter that contain 
continuous emission monitoring requirements, the Administrator, 
consistent with the requirements of this chapter, before applying such 
requirements to small business stationary sources, shall consider the 
necessity and appropriateness of such requirements for such sources. 
Nothing in this subsection shall affect the applicability of subchapter 
IV-A of this chapter provisions relating to continuous emissions 
monitoring.

(h) Control technique guidelines

    The Administrator shall consider, consistent with the requirements 
of this chapter, the size, type, and technical capabilities of small 
business stationary sources (and sources which are eligible under 
subsection (c)(2) of this section to be treated as small business 
stationary sources) in developing CTGs applicable to such sources under 
this chapter.

(July 14, 1955, ch. 360, title V, Sec. 507, as added Pub. L. 101-549, 
title V, Sec. 501, Nov. 15, 1990, 104 Stat. 2645.)

                       References in Text

    The Small Business Act, referred to in subsec. (c)(1)(B), is Pub. L. 
85-536, July 18, 1958, 72 Stat. 384, as amended, which is classified 
generally to chapter 14A (Sec. 631 et seq.) of Title 15, Commerce and 
Trade. For complete classification of this Act to the Code, see Short 
Title note set out under section 631 of Title 15 and Tables.
    The Paperwork Reduction Act, referred to in subsecs. (d)(2) and 
(e)(1)(B), probably means the Paperwork Reduction Act of 1980, Pub. L. 
96-511, Dec. 11, 1980, 94 Stat. 2812, as amended, which was classified 
principally to chapter 35 (Sec. 3501 et seq.) of Title 44, Public 
Printing and Documents, prior to the general amendment of that chapter 
by Pub. L. 104-13, Sec. 2, May 22, 1995, 109 Stat. 163. For complete 
classification of this Act to the Code, see Short Title of 1980 
Amendment note set out under section 101 of Title 44 and Tables.
    The Regulatory Flexibility Act, referred to in subsecs. (d)(2) and 
(e)(1)(B), is Pub. L. 96-354, Sept. 19, 1980, 94 Stat. 1164, which is 
classified generally to chapter 6 (Sec. 601 et seq.) of Title 5, 
Government Organization and Employees. For complete classification of 
this Act to the Code, see Short Title note set out under section 601 of 
Title 5 and Tables.
    The Equal Access to Justice Act, referred to in subsecs. (d)(2) and 
(e)(1)(B), is title II of Pub. L. 96-481, Oct. 21, 1980, 94 Stat. 2325. 
For complete classification of this Act to the Code, see Short Title 
note set out under section 504 of Title 5.

                  Section Referred to in Other Sections

    This section is referred to in section 7661a of this title.
