Ohio § 3704.18

§ 3704.18.

(A) The director of environmental protection, with the advice of the small business stationary

source technical and environmental compliance assistance council created in section 3704.19 of the Revised Code , shall establish a technical and environmental compliance assistance program for

small business stationary sources.  The program shall include all 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 cooperation among such sources and other persons to further compliance

with the federal Clean Air Act; (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 compliance assistance program for small business stationary sources that assists

such sources in determining applicable requirements and in receiving permits under

the federal Clean Air Act, this chapter, and rules adopted under it in a timely and

efficient manner; (4) Adequate mechanisms to ensure that small business stationary sources receive notice

of their rights under the federal Clean Air Act, this chapter, rules adopted under

it, and section 3706.19 of the Revised Code in such a manner and form as to ensure reasonable and adequate time for them to evaluate

compliance methods and any relevant or applicable proposed or final regulation or

standard adopted or issued under the federal Clean Air Act or this chapter.  The director shall adopt rules establishing a notice procedure for the purposes

of this division. (5) Adequate mechanisms for informing small business stationary sources of their obligations

under the federal Clean Air Act, this chapter, and rules adopted under it, including

mechanisms for referring such sources to qualified environmental auditors or, at the

director's option, for providing audits of the operations of such sources to determine

compliance with this chapter and rules adopted under it; (6) Procedures for consideration of requests from a small business stationary source

for modification of either of the following: (a) Any work practice or technological method of compliance; (b) The schedule of milestones for implementing such a work practice or method of compliance

preceding any applicable compliance date, based on the technological and financial

capability of the source. No such modification shall be granted unless it is in compliance with the applicable

requirements of the federal Clean Air Act, this chapter, and rules adopted under it.  When such applicable requirements are established in federal regulations, only modifications

authorized in those regulations shall be allowed. (7) Adequate mechanisms for ensuring, upon request, the confidentiality of all communications

and information from or on behalf of small businesses that seek assistance under the

program. (B) The director shall designate an employee of the environmental protection agency with

suitable technical qualifications to supervise the program and may employ such other

persons as are necessary for the purposes of the program.  The program office in the agency also shall serve as the staff of the small business

stationary source technical and environmental compliance assistance council created

in section 3704.19 of the Revised Code and shall assist in any review conducted by the council and in the development and

dissemination of the reports of the council required under that section. (C) No information submitted to, acquired by, or exchanged with public officials acting

pursuant to the small business stationary source technical and environmental compliance

assistance program shall be used in any manner for purposes of enforcement of any

requirement of this chapter or used as evidence in any judicial or administrative

enforcement proceeding.  Nothing in this section confers immunity from enforcement based on information obtained

by the director or his agents who are not acting pursuant to this section or section 3704.19 or 3706.19 of the Revised Code .