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§ 4007.7. Small Business Compliance Assistance Program

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 35 P.S. Health and Safety

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 35 P.S. Health and Safety (Refs & Annos)
Chapter 23. Air Pollution (Refs & Annos)
Air Pollution Control Act (Refs & Annos)
35 P.S. § 4007.7
§ 4007.7. Small Business Compliance Assistance Program
(a) The department shall develop and implement a Small Business Stationary Source Technical and Environmental Compliance Assistance Program which shall include 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 comply with this act and the Clean Air Act.
(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 and products and methods of operation that help reduce air pollution.
(3) 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 act in a timely and efficient manner.
(4) Adequate mechanisms to assure that small business stationary sources receive notice of their rights under this act and the Clean Air Act 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 rulemaking plan, State implementation plan revision or program issued under this act and the Clean Air Act.
(5) Adequate mechanisms for informing small business stationary sources of their obligations under this act and the Clean Air Act, including mechanisms for referring these sources to qualified auditors or, at the department's option, for providing audits of the operations of such sources to determine compliance with this act.
(6) Procedures for consideration of requests from a small business stationary source for modification of:
(i) any work practice or technological method of compliance; or
(ii) 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 small business stationary sources. No modification may be granted unless it is in compliance with the applicable requirements of this act and the Clean Air Act, including the requirements of the applicable implementation plan. Where applicable requirements are set forth in Federal regulations, only modifications authorized in such regulations may be allowed.
(7) Procedures for soliciting input from and exchanging information with the Office of Small Business Ombudsman regarding compliance requirements for small business stationary sources.
(8) Adequate mechanisms for the collection and dissemination of information to small business stationary sources, including, but not limited to:
(i) Developing of small business stationary sources guidance manuals indicating the categories of small businesses subject to the requirements of this act and the Clean Air Act, specific compliance requirements and options, a schedule of compliance deadlines and other pertinent information.
(ii) Establishment of a toll-free telephone number dedicated to questions involving small business stationary source compliance.
(9) Procedures for assuring the confidentiality of information received from small business stationary sources.
(10) Procedures for conducting confidential, on-site consultations with small business stationary sources regarding applicability of compliance requirements.
(b) The department shall evaluate the feasibility of contracting with consultants to administer all or part of the Small Business Stationary Source Technical and Environmental Compliance Assistance Program. A third-party consultant will act as a source of confidential support for small business if one is selected by the department.
(c) The department shall consult with the Compliance Advisory Committee established in section 7.81 and the Office of Small Business Ombudsman established in section 7.92 in developing the Small Business Stationary Source Technical and Environmental Compliance Assistance Program.
(d) The department shall provide a reasonable opportunity for public comment on the proposed Small Business Stationary Source Technical and Environmental Compliance Assistance Program.
(e) The department is authorized to expend funds from the Clean Air Fund collected pursuant to subsection (a), (b) or (c) of section 6.33 to support the development and implementation of the Small Business Stationary Source Technical and Environmental Compliance Assistance Program, the Office of Small Business Ombudsman and the Compliance Advisory Committee.
(f) Upon petition by a source, the department may, after notice and opportunity for public comment, include as a small business stationary source for purposes of this act any stationary source which does not meet the definition of “small business stationary source” in section 34 but which does not emit more than one hundred (100) tons per year of all regulated pollutants.
(g) The department, 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 definition of “small business stationary source” in section 3 any category or subcategory of sources that the department determines to have sufficient technical and financial capabilities to meet the requirements of this act and the Clean Air Act without the application of this section.
(h) The department may reduce any fee required under this act and the Clean Air Act to take into account the financial resources of small business stationary sources as authorized by the Clean Air Act.

Credits

1960, Jan. 8, P.L. (1959) 2119, § 7.7, added 1992, July 9, P.L. 460, No. 95, § 9, imd. effective. Amended 1996, Dec. 18, P.L. 1150, No. 174, § 1, imd. effective.

Footnotes

35 P.S. § 4007.8.
35 P.S. § 4007.9.
35 P.S. § 4006.3.
35 P.S. § 4003.
35 P.S. § 4007.7, PA ST 35 P.S. § 4007.7
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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