40             1997 Session Laws of Kansas             Ch. 18

An Act concerning the compliance advisory panel for the small business assistance program
under the Kansas air quality act; amending K.S.A. 1996 Supp. 65-3027 and repealing the existing section.

Be it enacted by the Legislature of the State of Kansas:

Section 1. K.S.A. 1996 Supp. 65-3027 is hereby amended to read as
follows: 65-3027. (a) There is hereby created the small business stationary
source technical and environmental compliance assistance program, to be
administered by the secretary. The program shall include 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
act.

(2) Adequate mechanisms for assisting small business stationary
sources with pollution prevention and accidental release detection and
prevention, including providing information concerning alternative tech-
nologies, process changes, products and methods of operation that help
reduce air pollution.

(3) A designated office within the Kansas department of health and
environment, reporting directly to the secretary, to serve as ombudsman
for small business stationary sources in connection with implementation
of this act.

(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 act in a timely
and efficient manner.

(5) Adequate mechanisms to assure that small business stationary

Ch. 18             1997 Session Laws of Kansas             41

sources receive notice of their rights under this act 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 rule
and regulation or standard adopted under this act.

(6) Adequate mechanisms for informing small business stationary
sources of their obligations under this act, including mechanisms for re-
ferring such sources to qualified auditors or for providing audits of the
operations of such sources to determine compliance with this act.

(7) Procedures for consideration of requests from a small business
stationary source for modification of: (A) Any work practice or techno-
logical method of compliance; or (B) the schedule of milestones for im-
plementing such work practice or method of compliance preceding any
applicable compliance date, based on the technological and financial ca-
pability of any such small business stationary source. No such modification
may be granted unless it is in compliance with the applicable requirement
of this act and rules and regulations promulgated hereunder.

(b) ``Small business stationary source'' means a stationary air contam-
inant emission 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 business
act;

(3) is not a major stationary source;

(4) does not emit 50 tons or more per year of any regulated air con-
taminant; and

(5) emits less than 75 tons per year of all regulated air contaminants.

(c) Upon petition by a source, the secretary, after notice and oppor-
tunity for public comment, may include as a small business stationary
source for purposes of this section any stationary source which does not
meet the criteria of subsection (b)(3), (4) or (5) but which does not emit
more than 100 tons per year of all regulated air contaminants.

(d) The secretary may exclude from the small business stationary
source definition any category or subcategory of sources that the admin-
istrator of the United States environmental protection agency determines
to have sufficient technical and financial capabilities to meet the require-
ments of the federal clean air act without the application of this program,
as provided by section 507(c)(3)(A) of the 1990 amendments to the fed-
eral clean air act.

(e) The secretary, in consultation with the administrator of the United
States environmental protection agency and the administrator of the
United States small business administration and after providing notice
and the opportunity for public hearing, may exclude from the small busi-
ness stationary source definition any category or subcategory of sources
that the secretary determines to have sufficient technical and financial

42             1997 Session Laws of Kansas             Ch. 18

capabilities to meet the requirements of the act without the application
of this section.

(f) There is hereby created a compliance advisory panel composed of
seven individuals. The compliance advisory panel shall:

(1) 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;

(2) make periodic reports to the administrator of the United States
environmental protection agency concerning compliance of the small
business stationary source technical and environmental compliance assis-
tance program with the requirements of the federal paperwork reduction
act, the regulatory flexibility act and the equal access to justice act;

(3) review information for small business stationary sources to assure
such information is understandable by the layperson; and

(4) have the small business stationary source technical and environ-
mental compliance assistance program serve as the secretariat for the
development and dissemination 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 small business stationary sources, appointed by the governor to rep-
resent the general public;

(2) two members who are owners, or who represent owners, of small
business stationary sources, one appointed by the speaker and one ap-
pointed by the minority leader of the Kansas house of representatives;

(3) two members who are owners, or who represent owners, of small
business stationary sources, one appointed by the president and one ap-
pointed by the minority leader of the Kansas senate; and

(4) one member appointed by the secretary to represent the depart-
ment of health and environment.

(h) Members of the compliance advisory panel shall serve for terms
of two years serving on the effective date of this act by appointment by
the governor, the speaker of the house of representatives or the president
of the senate shall serve for terms ending June 30, 1998; members serving
on the effective date of this act by appointment by the minority leader of
the house of representatives, the minority leader of the senate or the sec-
retary of health and environment shall serve for terms ending June 30,
1997. Upon expiration of such terms, the term of each member appointed
to a vacancy created by expiration of a term shall be two years com-
mencing on July 1 immediately following expiration of the term of the
member's predecessor. Any vacancy in the office of an appointed member
occurring on the panel shall be filled for the unexpired term by appoint-
ment by the original appointing authority.

(i) A chairperson shall be elected annually by the members of the

Ch. 18             1997 Session Laws of Kansas             43

compliance advisory panel. A vice-chairperson shall be designated by the
chairperson to serve in the absence of the chairperson.

(j) The secretary may reduce any fee required by this act for any
classification of small business sources to take into account the financial
resources of such classification.

Sec. 2. K.S.A. 1996 Supp. 65-3027 is hereby repealed.

Sec. 3. This act shall take effect and be in force from and after its
publication in the Kansas register.

Approved March 26, 1997.

Published in the Kansas Register: April 3, 1997.