42 U.S.C. § 7661f — Small business stationary source technical and environmental compliance assistance program

(a) Plan revisions. Within 24 months of November 15, 1990, each state^* must adopt and submit, as part of its state implementation plan, a small business stationary source^* technical and environmental compliance assistance program. EPA must approve it if it includes: (1) ways to develop, collect, and coordinate information on compliance methods and technology for small businesses, plus programs encouraging lawful cooperation to further compliance; (2) ways to help small businesses prevent pollution and detect and prevent accidental releases, including information on alternative technologies, processes, products, and operating methods; (3) a designated state office to act as ombudsman for small businesses; (4) a compliance assistance program that helps small businesses figure out which requirements apply to them and get permits efficiently; (5) ways to make sure small businesses learn about their rights with enough time to evaluate compliance methods and any relevant proposed or final rule; (6) ways to inform small businesses of their obligations, including referring them to qualified auditors or, at the state's option, offering audits of their operations; and (7) procedures letting a small business request changes to a required work practice or compliance technology, or to its compliance schedule, based on its technical and financial ability. Any such change must still comply with applicable requirements, including the state implementation plan; where a federal regulation sets the specifics, only changes that regulation allows are permitted.

(b) Program. Within 9 months of November 15, 1990, EPA had to set up its own small business compliance assistance program that: (1) helps states develop their (a) programs; (2) issues guidance to states, covering alternative control technologies and pollution-prevention methods for small businesses; and (3) implements the (a)(4) compliance-assistance function directly in any state that fails to submit its own program.

(c) Eligibility. (1) Except as noted in (2) and (3), a "small business stationary source" is a stationary source that: (A) is owned or run by someone who employs 100 or fewer people; (B) qualifies as a small business under the Small Business Act; (C) isn't a major stationary source^*; (D) doesn't emit 50 tons or more per year of any regulated pollutant; and (E) emits less than 75 tons per year of all regulated pollutants combined. (2) A state may, after notice and comment, and if a source petitions for it, treat a source that misses criteria (C), (D), or (E) as a small business anyway — as long as it doesn't emit more than 100 tons per year of all regulated pollutants. (3)(A) EPA, consulting the Small Business Administration and after notice and comment, may exclude a category or subcategory of sources from this definition if EPA decides they have enough technical and financial ability to comply without this help. (B) A state may do the same, consulting EPA and the Small Business Administration, after notice and a public hearing.

(d) Monitoring. EPA's Small Business Ombudsman must monitor this program. The Ombudsman must: (1) give advisory opinions on how well the program is working overall, what problems have come up, and how strictly it's enforced; (2) periodically report to Congress on the program's compliance with the Paperwork Reduction Act, the Regulatory Flexibility Act, and the Equal Access to Justice Act; (3) review the program's materials to make sure ordinary people can understand them; and (4) have the program serve as the secretariat for producing these reports and opinions.

(e) Compliance Advisory Panel. (1) Each state must create a Panel of at least 7 members that: (A) gives advisory opinions on how well the state's program is working, what problems have come up, and how strictly it's enforced; (B) periodically reports to EPA on the program's compliance with the same three laws listed in (d); (C) reviews materials to make sure they're understandable to ordinary people; and (D) has the state program serve as its secretariat. (2) The Panel's members are: (A) 2 members representing the general public, chosen by the Governor; (B) 2 members representing small-business owners, chosen by the majority and minority leaders of the legislature's lower house (or, for a one-house legislature, 2 each by its majority and minority leadership); (C) 2 more members representing small-business owners, chosen by the majority and minority leaders of the upper house; and (D) 1 member chosen by the state agency in charge of air pollution permits, to represent that agency.

(f) Fees. A state, or EPA, may reduce any fee required under the Clean Air Act to account for a small business's financial resources.

(g) Continuous emission monitors. When writing regulations or control technique guidelines that would require continuous emissions monitoring, EPA must first consider whether that requirement is necessary and appropriate for small businesses. This doesn't affect the acid rain program's continuous-monitoring rules.

(h) Control technique guidelines. When developing control technique guidelines, EPA must consider the size, type, and technical ability of small businesses — including sources that are eligible under (c)(2) to be treated as small businesses.