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

Federal law — U.S. Code and appendices · legal_authorities

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

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Source location: Title 42, Chapter 85, § 7661f; chapter-085-air-pollution-prevention-and-control.md

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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7410&num=0&edition=prelim), 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) (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) 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,11 So in original. The comma probably should be a semicolon. (B) is a small business concern as defined in the Small Business Act [[15 U.S.C. 631](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section631&num=0&edition=prelim) 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 22 So in original. Probably should be “subparagraph”. (C), (D), or (E) of paragraph (1) but which does not emit more than 100 tons per year of all regulated pollutants. (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,33 See References in Text note below. the Regulatory Flexibility Act [[5 U.S.C. 601](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section601&num=0&edition=prelim) et seq.], and the Equal Access to Justice Act; (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,3 the Regulatory Flexibility Act [[5 U.S.C. 601](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section601&num=0&edition=prelim) 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 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) to be treated as small business stationary sources) in developing CTGs applicable to such sources under this chapter.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 7410 — State implementation plans for national primary and secondary ambient air quality standards

**(a) Adoption of plan by State; submission to Administrator; content of plan; revision; new sources; indirect source review program; supplemental or intermittent control systems** (1) Each State shall, after reasonable notice and public hearings, adopt and submit to the Administrator, within 3 years (or such shorter period as the Administrator may prescribe) after the promulgation of a national primary ambient air quality standard (or any revision thereof) under [section 7409 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7409&num=0&edition=prelim) for any air pollutant, a plan which provides for implementation, maintenance, and enforcement of such primary standard in each air quality control region (or portion thereof) within such State. In addition, such State shall adopt and submit to the Administrator (either as a part of a plan submitted under the preceding sentence or separately) within 3 years (or such shorter period as the Administrator may prescribe) after the promulgation of a national ambient air quality secondary standard (or revision thereof), a plan which provides for implementation, maintenance, and enforcement of such secondary standard in each air quality control region (or portion thereof) within such State. Unless a separate public hearing is provided, each State shall consider its plan implementing such secondary standard at the hearing required by the first sentence of this paragraph. (2) Each implementation plan submitted by a State under this chapter shall be adopted by the State after reasonable notice and public hearing. Each such plan shall— (A) include enforceable emission limitations and other control measures, means, or techniques (including economic incentives such as fees, marketable permit

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 504 — Costs and fees of parties

**(a)** (1) An agency that conducts an adversary adjudication shall award, to a prevailing party other than the United States, fees and other expenses incurred by that party in connection with that proceeding, unless the adjudicative officer of the agency finds that the position of the agency was substantially justified or that special circumstances make an award unjust. Whether or not the position of the agency was substantially justified shall be determined on the basis of the administrative record, as a whole, which is made in the adversary adjudication for which fees and other expenses are sought. (2) A party seeking an award of fees and other expenses shall, within thirty days of a final disposition in the adversary adjudication, submit to the agency an application which shows that the party is a prevailing party and is eligible to receive an award under this section, and the amount sought, including an itemized statement from any attorney, agent, or expert witness representing or appearing in behalf of the party stating the actual time expended and the rate at which fees and other expenses were computed. The party shall also allege that the position of the agency was not substantially justified. When the United States appeals the underlying merits of an adversary adjudication, no decision on an application for fees and other expenses in connection with that adversary adjudication shall be made under this section until a final and unreviewable decision is rendered by the court on the appeal or until the underlying merits of the case have been finally determined pursuant to the appeal. (3) The adjudicative officer of the agency may reduce the amount to be awarded, or deny an award, to the extent that the party during the course of the proceedings engaged in condu

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Federal law — U.S. Code and appendices · legal_authorities

44 U.S.C. § 101 — Joint Committee on Printing: membership

The Joint Committee on Printing shall consist of the chairman and four members of the Committee on Rules and Administration of the Senate and the chairman and four members of the Committee on House Oversight of the House of Representatives.

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5 U.S.C. § 601 — Definitions

For purposes of this chapter— (1) the term “agency” means an agency as defined in [section 551(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section551/1&num=0&edition=prelim); (2) the term “rule” means any rule for which the agency publishes a general notice of proposed rulemaking pursuant to [section 553(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section553/b&num=0&edition=prelim), or any other law, including any rule of general applicability governing Federal grants to State and local governments for which the agency provides an opportunity for notice and public comment, except that the term “rule” does not include a rule of particular applicability relating to rates, wages, corporate or financial structures or reorganizations thereof, prices, facilities, appliances, services, or allowances therefor or to valuations, costs or accounting, or practices relating to such rates, wages, structures, prices, appliances, services, or allowances; (3) the term “small business” has the same meaning as the term “small business concern” under section 3 of the Small Business Act, unless an agency, after consultation with the Office of Advocacy of the Small Business Administration and after opportunity for public comment, establishes one or more definitions of such term which are appropriate to the activities of the agency and publishes such definition(s) in the Federal Register; (4) the term “small organization” means any not-for-profit enterprise which is independently owned and operated and is not dominant in its field, unless an agency establishes, after opportunity for public comment, one or more definitions of such term which are appropriate to the activities of the agency and publishes such

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15 U.S.C. § 631 — Declaration of policy

**(a) Aid, counsel, assistance, etc., to small business concerns** The essence of the American economic system of private enterprise is free competition. Only through full and free competition can free markets, free entry into business, and opportunities for the expression and growth of personal initiative and individual judgment be assured. The preservation and expansion of such competition is basic not only to the economic well-being but to the security of this Nation. Such security and well-being cannot be realized unless the actual and potential capacity of small business is encouraged and developed. It is the declared policy of the Congress that the Government should aid, counsel, assist, and protect, insofar as is possible, the interests of small-business concerns in order to preserve free competitive enterprise, to insure that a fair proportion of the total purchases and contracts or subcontracts for property and services for the Government (including but not limited to contracts or subcontracts for maintenance, repair, and construction) be placed with small-business enterprises, to insure that a fair proportion of the total sales of Government property be made to such enterprises, and to maintain and strengthen the overall economy of the Nation. **(b) Assistance to compete in international markets** (1) It is the declared policy of the Congress that the Federal Government, through the Administrator of the Small Business Administration, acting through the Associate Administrator for International Trade, and in cooperation with the Department of Commerce and other relevant State and Federal agencies, should aid and assist small businesses, as defined under this chapter, to increase their ability to compete in international markets by— (A) enhancing their abil

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 7661a — Permit programs

**(a) Violations** After the effective date of any permit program approved or promulgated under this subchapter, it shall be unlawful for any person to violate any requirement of a permit issued under this subchapter, or to operate an affected source (as provided in subchapter IV–A), a major source, any other source (including an area source) subject to standards or regulations under section 7411 or 7412 of this title, any other source required to have a permit under parts 11 So in original. Probably should be “part”. C or D of subchapter I, or any other stationary source in a category designated (in whole or in part) by regulations promulgated by the Administrator (after notice and public comment) which shall include a finding setting forth the basis for such designation, except in compliance with a permit issued by a permitting authority under this subchapter. (Nothing in this subsection shall be construed to alter the applicable requirements of this chapter that a permit be obtained before construction or modification.) The Administrator may, in the Administrator’s discretion and consistent with the applicable provisions of this chapter, promulgate regulations to exempt one or more source categories (in whole or in part) from the requirements of this subsection if the Administrator finds that compliance with such requirements is impracticable, infeasible, or unnecessarily burdensome on such categories, except that the Administrator may not exempt any major source from such requirements. **(b) Regulations** The Administrator shall promulgate within 12 months after November 15, 1990, regulations establishing the minimum elements of a permit program to be administered by any air pollution control agency. These elements shall include each of the following: (1) Requirem

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15 U.S.C. § 631 — Declaration of policy

Page 748 TITLE 15—COMMERCE AND TRADE § 631 Section 618, act June 30, 1947, ch. 166, title II, § 208, 61 Stat. 209, related to purchase and sale of surplus prop- erty, and was repealed by act of May 25, 1948, ch. 334, § 7, 62 Stat. 265. Section 619, act July 29, 1947, ch. 346, title II, § 201, 61 Stat. 515, related to limitations on use of funds of the Corporation, which Corporation was abolished by sec- tion 6 of Reorg. Plan No. 1 of 1957, eff. June 30, 1957, 22 FR 4633, 71 Stat. 647. Reorg. Plan No. 1 of 1957 is set out preceding section 601 of this title. CHAPTER 14A—AID TO SMALL BUSINESS Sec. 631. Declaration of policy. 631a. Congressional declaration of small business economic policy. 631b. Reports to Congress; state of small business. 631c. Small Business Manufacturing Task Force. 632. Definitions. 633. Small Business Administration. 633a. Detailed justification for proposed changes in budget requests. 634. General powers. 634a. Office of Advocacy within Small Business Ad- ministration; Chief Counsel for Advocacy. 634b. Primary functions of Office of Advocacy. 634c. Additional duties of Office of Advocacy. 634d. Staff and powers of Office of Advocacy. 634e. Assistance of Government agencies. 634f. Reports. 634g. Budgetary line item and authorization of ap- propriations. 635. Deposit of moneys; depositaries, custodians, and fiscal agents; contributions to employ- ees’ compensation funds. 636. Additional powers. 636a. Repealed. 636b. Disaster loan interest rates. 636c. Age of applicant for disaster loans. 636d. Disaster aid to major sources of employment. 636e. Definitions. 636f. Coordination of efforts between the Adminis- trator and the Internal Revenue Service to expedite loan processing. 636g. Developmen

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 7661f — Small business stationary source tech-

Page 7447 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7661f 1 So in original. The comma probably should be a semicolon. 2 So in original. Probably should be ‘‘subparagraph’’. § 7661f. Small business stationary source tech- nical and environmental compliance assist- ance 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 Ad- ministrator 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 submis- sion shall be made within 24 months after No- vember 15, 1990. The Administrator shall approve such program if it includes each of the fol- lowing: (1) Adequate mechanisms for developing, col- lecting, and coordinating information con- cerning compliance methods and technologies for small business stationary sources, and pro- grams to encourage lawful cooperation among such sources and other persons to further com- pliance with this chapter. (2) Adequate mechanisms for assisting small business stationary sources with pollution pre- vention 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 rel- evant State agency to serve as ombudsman for small business stationary sources in connec- tion with the implementation of this chapter. (4) A compliance assistance program for small business stationary sources which as- sists small business stationary sourc

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 601 — Definitions

Page 169 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 601 § 596. Authorization of appropriations There are authorized to be appropriated to carry out this subchapter not more than $3,200,000 for fiscal year 2009, $3,200,000 for fiscal year 2010, and $3,200,000 for fiscal year 2011. Of any amounts appropriated under this section, not more than $2,500 may be made available in each fiscal year for official representation and entertainment expenses for foreign dignitaries. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 391, § 576; Pub. L. 91–164, Dec. 24, 1969, 83 Stat. 446; Pub. L. 92–526, § 2, Oct. 21, 1972, 86 Stat. 1048; Pub. L. 95–293, § 1(a), June 13, 1978, 92 Stat. 317; Pub. L. 97–330, Oct. 15, 1982, 96 Stat. 1618; Pub. L. 99–470, § 2(a), Oct. 14, 1986, 100 Stat. 1198; Pub. L. 101–422, § 1, Oct. 12, 1990, 104 Stat. 910; renumbered § 596, Pub. L. 102–354, § 2(2), Aug. 26, 1992, 106 Stat. 944; Pub. L. 108–401, § 3, Oct. 30, 2004, 118 Stat. 2255; Pub. L. 110–290, § 2, July 30, 2008, 122 Stat. 2914.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 1045e. Aug. 30, 1964, Pub. L. 88–499, § 7, 78 Stat. 618. The word ‘‘hereby’’ is omitted as unnecessary. Standard changes are made to conform with the defi- nitions applicable and the style of this title as outlined in the preface to the report. Editorial Notes AMENDMENTS 2008—Pub. L. 110–290 amended section generally. Prior to amendment, text read as follows: ‘‘There are author- ized to be appropriated to carry out this subchapter not more than $3,000,000 for fiscal year 2005, $3,100,000 for fiscal year 2006, and $3,200,000 for fiscal year 2007. Of any amounts appropriated under this section, not more than $2,500 may be made ava

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