Page:United States Statutes at Large Volume 104 Part 4.djvu/330

 104 STAT. 2646 PUBLIC LAW 101-549—NOV. 15, 1990 "(6) Adequate mechanisms for informing small business stationary sources of their obligations under this Act, 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 Act. "{!) 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 Act, 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 the date of the enactment of the Clean Air Act Amendments of 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, "(B) is a small business concern as defined in the Small Business Act; "(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 (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

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