65-3027.Small business assistance program;compliance advisory panel.(a) There is hereby created the small business stationarysource technical and environmental compliance assistance program, to beadministered by the secretary. The program shall include each of the following:
(1) Adequate mechanisms for developing, collecting and coordinatinginformation concerning compliance methods and technologies for small businessstationary sources and programs to encourage lawful cooperation among suchsources and other persons to further compliance with this act.
(2) Adequate mechanisms for assisting small business stationary sources withpollution prevention and accidental release detection and prevention, includingproviding information concerning alternative technologies, process changes,products and methods of operation that help reduce air pollution.
(3) A designated office within the Kansas department of health andenvironment, reporting directly to the secretary, to serve as ombudsman forsmall business stationary sources in connection with implementation of thisact.
(4) A compliance assistance program for small business stationary sourceswhich assists small business stationary sources in determining applicablerequirements and in receiving permits under this act in a timely and efficientmanner.
(5) Adequate mechanisms to assure that small business stationary sourcesreceive notice of their rights under this act in such manner and form as toassure reasonably adequate time for such sources to evaluate compliance methodsand any relevant or applicable proposed or final rule and regulation orstandard adoptedunder this act.
(6) Adequate mechanisms for informing small business stationary sources oftheir obligations under this act, including mechanisms for referring suchsources to qualified auditors or for providing audits of the operations of suchsources to determine compliance with this act.
(7) Procedures for consideration of requests from a small businessstationary source for modification of: (A) Any work practice or technologicalmethod of compliance; or (B) the schedule of milestones for implementing suchwork practice or method of compliance preceding any applicable compliance date,based on the technological and financial capability of any such small businessstationary source. No such modification may be granted unless it is incompliance with the applicable requirement of this act and rules andregulations promulgated hereunder.
(b) "Small business stationary source" means a stationary air contaminantemission source that:
(1) Is owned or operated by a person that employs 100 or fewer individuals;
(2) is a small business concern as defined in the federal small businessact;
(3) is not a major stationary source;
(4) does not emit 50 tons or more per year of any regulated air contaminant;and
(5) emits less than 75 tons per year of all regulated air contaminants.
(c) Upon petition by a source, the secretary, after notice andopportunity for public comment, may include as a small business stationarysourcefor purposes of this section any stationary source which does not meet thecriteria of subsection (b)(3), (4) or (5) but which does not emit more than 100tons per year of all regulated air contaminants.
(d) The secretary may exclude from the small business stationary sourcedefinition any category or subcategory of sources that the administrator of theUnited States environmental protection agency determines to have sufficienttechnical and financial capabilities to meet the requirements of the federalclean air act without the application of this program, as provided by section507(c)(3)(A) of the 1990 amendments to the federal clean air act.
(e) The secretary, in consultation with the administrator of the UnitedStates environmental protection agency and the administrator of the UnitedStates small business administration and after providing notice and theopportunity for public hearing, may exclude from the small business stationarysource definition any category or subcategory of sources that the secretarydetermines to have sufficient technical and financial capabilities to meet therequirements of theact without the application of this section.
(f) There is hereby created a compliance advisory panel composed of sevenindividuals. The compliance advisory panel shall:
(1) Render advisory opinions concerning the effectiveness of the smallbusiness stationary source technical and environmental compliance assistanceprogram, difficulties encountered and degree and severity of enforcement;
(2) make periodic reports to the administrator of the United Statesenvironmental protection agency concerning compliance of the small businessstationary source technical and environmental compliance assistance programwith the requirements of the federal paperwork reduction act, the regulatoryflexibility act and the equal access to justice act;
(3) review information for small business stationary sources to assure suchinformation is understandable by the layperson; and
(4) have the small business stationary source technical and environmentalcompliance assistance program serve as the secretariat for the development anddissemination of such reports and advisory opinions.
(g) The compliance advisory panel shall consist of:
(1) Two members who are not owners, or representatives of owners, of smallbusiness stationary sources, appointed by the governor to represent the generalpublic;
(2) two members who are owners, or who represent owners, of small businessstationary sources, one appointed by the speaker and one appointed by theminority leader of the Kansas house of representatives;
(3) two members who are owners, or who represent owners, of small businessstationary sources, one appointed by the president and one appointed by theminority leader of the Kansas senate; and
(4) one member appointed by the secretary to represent the departmentof health and environment.
(h) Members of the compliance advisory panel servingon the effective date of this act by appointment by thegovernor, the speaker of the house of representatives or the president of thesenate shall serve for terms ending June 30, 1998; members serving on theeffective date of this act by appointment by the minority leader of the houseof representatives, the minority leader of the senate or the secretary ofhealth and environment shall serve for terms ending June 30, 1997. Uponexpiration of such terms, the term of each member appointed to a vacancycreatedby expiration of a term shall be two years commencing on July 1 immediatelyfollowing expiration of the term of the member's predecessor. Any vacancyoccurring on the panel shall be filled for theunexpired term by appointment by the original appointing authority.
(i) A chairperson shall be elected annually by the members of the complianceadvisory panel. A vice-chairperson shall be designated by the chairperson toserve in the absence of the chairperson.
(j) The secretary may reduce any fee required by this act for anyclassification of small business sources to take into account the financialresources of such classification.
65-3027.Small business assistance program;compliance advisory panel.(a) There is hereby created the small business stationarysource technical and environmental compliance assistance program, to beadministered by the secretary. The program shall include each of the following:
(1) Adequate mechanisms for developing, collecting and coordinatinginformation concerning compliance methods and technologies for small businessstationary sources and programs to encourage lawful cooperation among suchsources and other persons to further compliance with this act.
(2) Adequate mechanisms for assisting small business stationary sources withpollution prevention and accidental release detection and prevention, includingproviding information concerning alternative technologies, process changes,products and methods of operation that help reduce air pollution.
(3) A designated office within the Kansas department of health andenvironment, reporting directly to the secretary, to serve as ombudsman forsmall business stationary sources in connection with implementation of thisact.
(4) A compliance assistance program for small business stationary sourceswhich assists small business stationary sources in determining applicablerequirements and in receiving permits under this act in a timely and efficientmanner.
(5) Adequate mechanisms to assure that small business stationary sourcesreceive notice of their rights under this act in such manner and form as toassure reasonably adequate time for such sources to evaluate compliance methodsand any relevant or applicable proposed or final rule and regulation orstandard adoptedunder this act.
(6) Adequate mechanisms for informing small business stationary sources oftheir obligations under this act, including mechanisms for referring suchsources to qualified auditors or for providing audits of the operations of suchsources to determine compliance with this act.
(7) Procedures for consideration of requests from a small businessstationary source for modification of: (A) Any work practice or technologicalmethod of compliance; or (B) the schedule of milestones for implementing suchwork practice or method of compliance preceding any applicable compliance date,based on the technological and financial capability of any such small businessstationary source. No such modification may be granted unless it is incompliance with the applicable requirement of this act and rules andregulations promulgated hereunder.
(b) "Small business stationary source" means a stationary air contaminantemission source that:
(1) Is owned or operated by a person that employs 100 or fewer individuals;
(2) is a small business concern as defined in the federal small businessact;
(3) is not a major stationary source;
(4) does not emit 50 tons or more per year of any regulated air contaminant;and
(5) emits less than 75 tons per year of all regulated air contaminants.
(c) Upon petition by a source, the secretary, after notice andopportunity for public comment, may include as a small business stationarysourcefor purposes of this section any stationary source which does not meet thecriteria of subsection (b)(3), (4) or (5) but which does not emit more than 100tons per year of all regulated air contaminants.
(d) The secretary may exclude from the small business stationary sourcedefinition any category or subcategory of sources that the administrator of theUnited States environmental protection agency determines to have sufficienttechnical and financial capabilities to meet the requirements of the federalclean air act without the application of this program, as provided by section507(c)(3)(A) of the 1990 amendments to the federal clean air act.
(e) The secretary, in consultation with the administrator of the UnitedStates environmental protection agency and the administrator of the UnitedStates small business administration and after providing notice and theopportunity for public hearing, may exclude from the small business stationarysource definition any category or subcategory of sources that the secretarydetermines to have sufficient technical and financial capabilities to meet therequirements of theact without the application of this section.
(f) There is hereby created a compliance advisory panel composed of sevenindividuals. The compliance advisory panel shall:
(1) Render advisory opinions concerning the effectiveness of the smallbusiness stationary source technical and environmental compliance assistanceprogram, difficulties encountered and degree and severity of enforcement;
(2) make periodic reports to the administrator of the United Statesenvironmental protection agency concerning compliance of the small businessstationary source technical and environmental compliance assistance programwith the requirements of the federal paperwork reduction act, the regulatoryflexibility act and the equal access to justice act;
(3) review information for small business stationary sources to assure suchinformation is understandable by the layperson; and
(4) have the small business stationary source technical and environmentalcompliance assistance program serve as the secretariat for the development anddissemination of such reports and advisory opinions.
(g) The compliance advisory panel shall consist of:
(1) Two members who are not owners, or representatives of owners, of smallbusiness stationary sources, appointed by the governor to represent the generalpublic;
(2) two members who are owners, or who represent owners, of small businessstationary sources, one appointed by the speaker and one appointed by theminority leader of the Kansas house of representatives;
(3) two members who are owners, or who represent owners, of small businessstationary sources, one appointed by the president and one appointed by theminority leader of the Kansas senate; and
(4) one member appointed by the secretary to represent the departmentof health and environment.
(h) Members of the compliance advisory panel servingon the effective date of this act by appointment by thegovernor, the speaker of the house of representatives or the president of thesenate shall serve for terms ending June 30, 1998; members serving on theeffective date of this act by appointment by the minority leader of the houseof representatives, the minority leader of the senate or the secretary ofhealth and environment shall serve for terms ending June 30, 1997. Uponexpiration of such terms, the term of each member appointed to a vacancycreatedby expiration of a term shall be two years commencing on July 1 immediatelyfollowing expiration of the term of the member's predecessor. Any vacancyoccurring on the panel shall be filled for theunexpired term by appointment by the original appointing authority.
(i) A chairperson shall be elected annually by the members of the complianceadvisory panel. A vice-chairperson shall be designated by the chairperson toserve in the absence of the chairperson.
(j) The secretary may reduce any fee required by this act for anyclassification of small business sources to take into account the financialresources of such classification.
65-3027.Small business assistance program;compliance advisory panel.(a) There is hereby created the small business stationarysource technical and environmental compliance assistance program, to beadministered by the secretary. The program shall include each of the following:
(1) Adequate mechanisms for developing, collecting and coordinatinginformation concerning compliance methods and technologies for small businessstationary sources and programs to encourage lawful cooperation among suchsources and other persons to further compliance with this act.
(2) Adequate mechanisms for assisting small business stationary sources withpollution prevention and accidental release detection and prevention, includingproviding information concerning alternative technologies, process changes,products and methods of operation that help reduce air pollution.
(3) A designated office within the Kansas department of health andenvironment, reporting directly to the secretary, to serve as ombudsman forsmall business stationary sources in connection with implementation of thisact.
(4) A compliance assistance program for small business stationary sourceswhich assists small business stationary sources in determining applicablerequirements and in receiving permits under this act in a timely and efficientmanner.
(5) Adequate mechanisms to assure that small business stationary sourcesreceive notice of their rights under this act in such manner and form as toassure reasonably adequate time for such sources to evaluate compliance methodsand any relevant or applicable proposed or final rule and regulation orstandard adoptedunder this act.
(6) Adequate mechanisms for informing small business stationary sources oftheir obligations under this act, including mechanisms for referring suchsources to qualified auditors or for providing audits of the operations of suchsources to determine compliance with this act.
(7) Procedures for consideration of requests from a small businessstationary source for modification of: (A) Any work practice or technologicalmethod of compliance; or (B) the schedule of milestones for implementing suchwork practice or method of compliance preceding any applicable compliance date,based on the technological and financial capability of any such small businessstationary source. No such modification may be granted unless it is incompliance with the applicable requirement of this act and rules andregulations promulgated hereunder.
(b) "Small business stationary source" means a stationary air contaminantemission source that:
(1) Is owned or operated by a person that employs 100 or fewer individuals;
(2) is a small business concern as defined in the federal small businessact;
(3) is not a major stationary source;
(4) does not emit 50 tons or more per year of any regulated air contaminant;and
(5) emits less than 75 tons per year of all regulated air contaminants.
(c) Upon petition by a source, the secretary, after notice andopportunity for public comment, may include as a small business stationarysourcefor purposes of this section any stationary source which does not meet thecriteria of subsection (b)(3), (4) or (5) but which does not emit more than 100tons per year of all regulated air contaminants.
(d) The secretary may exclude from the small business stationary sourcedefinition any category or subcategory of sources that the administrator of theUnited States environmental protection agency determines to have sufficienttechnical and financial capabilities to meet the requirements of the federalclean air act without the application of this program, as provided by section507(c)(3)(A) of the 1990 amendments to the federal clean air act.
(e) The secretary, in consultation with the administrator of the UnitedStates environmental protection agency and the administrator of the UnitedStates small business administration and after providing notice and theopportunity for public hearing, may exclude from the small business stationarysource definition any category or subcategory of sources that the secretarydetermines to have sufficient technical and financial capabilities to meet therequirements of theact without the application of this section.
(f) There is hereby created a compliance advisory panel composed of sevenindividuals. The compliance advisory panel shall:
(1) Render advisory opinions concerning the effectiveness of the smallbusiness stationary source technical and environmental compliance assistanceprogram, difficulties encountered and degree and severity of enforcement;
(2) make periodic reports to the administrator of the United Statesenvironmental protection agency concerning compliance of the small businessstationary source technical and environmental compliance assistance programwith the requirements of the federal paperwork reduction act, the regulatoryflexibility act and the equal access to justice act;
(3) review information for small business stationary sources to assure suchinformation is understandable by the layperson; and
(4) have the small business stationary source technical and environmentalcompliance assistance program serve as the secretariat for the development anddissemination of such reports and advisory opinions.
(g) The compliance advisory panel shall consist of:
(1) Two members who are not owners, or representatives of owners, of smallbusiness stationary sources, appointed by the governor to represent the generalpublic;
(2) two members who are owners, or who represent owners, of small businessstationary sources, one appointed by the speaker and one appointed by theminority leader of the Kansas house of representatives;
(3) two members who are owners, or who represent owners, of small businessstationary sources, one appointed by the president and one appointed by theminority leader of the Kansas senate; and
(4) one member appointed by the secretary to represent the departmentof health and environment.
(h) Members of the compliance advisory panel servingon the effective date of this act by appointment by thegovernor, the speaker of the house of representatives or the president of thesenate shall serve for terms ending June 30, 1998; members serving on theeffective date of this act by appointment by the minority leader of the houseof representatives, the minority leader of the senate or the secretary ofhealth and environment shall serve for terms ending June 30, 1997. Uponexpiration of such terms, the term of each member appointed to a vacancycreatedby expiration of a term shall be two years commencing on July 1 immediatelyfollowing expiration of the term of the member's predecessor. Any vacancyoccurring on the panel shall be filled for theunexpired term by appointment by the original appointing authority.
(i) A chairperson shall be elected annually by the members of the complianceadvisory panel. A vice-chairperson shall be designated by the chairperson toserve in the absence of the chairperson.
(j) The secretary may reduce any fee required by this act for anyclassification of small business sources to take into account the financialresources of such classification.
