10.1-1323 - Small business stationary source technical and environmental compliance assistance program.
§ 10.1-1323. Small business stationary source technical and environmentalcompliance assistance program.
A. There is hereby created within the Department a small business stationarysource technical and environmental compliance assistance program tofacilitate compliance by small business stationary sources with theprovisions of the federal Clean Air Act. The program shall be administeredby the Department.
B. Except as provided in subsections C and D of this section, any stationarysource is eligible for the program 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 Business Act;
3. Is not a major stationary source;
4. Does not emit fifty tons or more per year of any regulated pollutant; and
5. Emits less than seventy-five tons per year of all regulated pollutants.
C. Upon petition by a source owner, the Board may, after notice andopportunity for public comment, include as a small business stationary sourcefor purposes of this section any stationary source which does not meet thecriteria of subdivision B 3, B 4 or B 5 of this section but which does notemit more than 100 tons per year of all regulated pollutants.
D. The Board, in consultation with the Administrator of the United StatesEnvironmental Protection Agency and the Administrator of the United StatesSmall Business Administration and after providing notice and opportunity forpublic hearing, may exclude as a small business stationary source forpurposes of this article any category or subcategory of sources that theBoard determines to have sufficient technical and financial capabilities tomeet the requirements of the federal Clean Air Act without the application ofthis section.
(1992, c. 303.)