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GUIDELINES SURVEY RESULTS

 
TOTAL RECORDS = 50

  number   percentage
1. States that have a designated Ombudsman 45 - 90%
 
2. States that have a designated small business technical assistance program 47 - 94%
 
3. Of the states that checked yes for #s 1 and 2, #/% that have the Ombudsman also serve as the technical assistance manager 17 - 34%
 
4. States that have a Compliance Advisory Panel (CAP) 34 - 68%
 
5. States that have CAPs that meet regularly 22 - 44%
 
6. States that have CAPs that are fully appointed 17 - 34%
 
7. States that have CAPs that are fully functioning 22 - 44%
 

Eight Elements in the Guidelines:
 
  number   percentage
8. States that have programs that develop, collect, and coordinate information on compliance methods and technologies for small businesses 45 - 90%
 
9. States that have programs that assist small businesses on methods of pollution prevention 45 - 90%
 
10. States that have programs that assist small businesses on accidental release and prevention and detection 38 - 76%
 
11. States that have programs that provide small businesses with information concerning alternative technologies, process changes, products and methods of operation that help reduce air pollution 45 - 90%
 
12. States that have programs that have a designation of a state office to serve as Ombudsman for small business in implementing the requirements of the Act 40 - 80%
 
13. States that have programs that have a small business compliance assistance program for determining applicable requirements and permit issuance 48 - 96%
 
14. States that have programs that have adequate mechanisms for informing small businesses of their obligations under the Act 46 - 92%
 
15. States that have programs that have systems to refer sources to qualified auditors to determine compliance with the Act when needed 30 - 60%
 
16. States that have programs that have expedited procedures to respond to requests from small businesses for modification of any work practice or technical method of compliance, or 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 24 - 48%
 

Clean Air Act Requirements:
 
  number   percentage
17. States that have an approved State Implementation Plan for establishing a small business stationary source technical and environmental compliance assistance program 47 - 94%
 
18. States that have a program that operates in accordance with the states’ State Implementation Plan 35 - 70%
 
19. States that have a program that has ever modified the states’ State Implementation Plan 7 - 14%
 
20. States that have a member of the program serve as secretariat of the CAP for the development and dissemination of reports and advisory opinions 29 - 58%
 
Does your Ombudsman and/or CAP...
  number   percentage
21a. States that have an Ombudsman who renders advisory opinions concerning the effectiveness of the program 28 - 56%
 
21b. States that have a CAP who renders advisory opinions concerning the effectiveness of the program 25 - 50%
 
22a. States that have an Ombudsman who renders advisory opinions concerning the difficulties encountered 32 - 64%
 
22b. States that have a CAP who renders advisory opinions concerning the difficulties encountered 25 - 50%
 
23a. States that have an Ombudsman who renders advisory opinions concerning the degree and severity of enforcement 23 - 46%
 
23b. States that have a CAP who renders advisory opinions concerning the degree and severity of enforcement 11 - 22%
 
24a. States that have an Ombudsman who makes periodic reports to EPA’s Administrator concerning the compliance of the program with the requirements of the Paperwork Reduction Act 17 - 34%
 
24b. States that have a CAP who makes periodic reports to EPA’s Administrator concerning the compliance of the program with the requirements of the Paperwork Reduction Act 10 - 20%
 
25a. States that have an Ombudsman who makes periodic reports to EPA’s Administrator concerning the compliance of the program with the requirements of the Regulatory Flexibility Act 18 - 36%
 
25b. States that have a CAP who makes periodic reports to EPA’s Administrator concerning the compliance of the program with the requirements of the Regulatory Flexibility Act 11 - 22%
 
26a. States that have an Ombudsman who makes periodic reports to EPA's Administrator concerning the compliance of the program with the requirements of the Equal Access to Justice Act 15 - 30%
 
26b. States that have a CAP who makes periodic reports to EPA's Administrator concerning the compliance of the program with the requirements of the Equal Access to Justice Act 11 - 22%
 
27a. States that have an Ombudsman who reviews information for small businesses to assure such information is understandable by the layperson 39 - 78%
 
27b. States that have a CAP who reviews information for small businesses to assure such information is understandable by the layperson 27 - 54%
 
Other:
 
  number   percentage
28. States that have programs that provide multimedia assistance, such as assistance with hazardous waste and water quality issues 38 - 76%
 
29. States that have programs with the same services provided for the other media programs as they are for the air program 33 - 66%
 
Does your state provide compliance outreach and technical information in the following ways:
30. States that provide compliance outreach and technical information through written materials 50 - 100%
 
31. States that provide compliance outreach and technical information through telephone contacts 50 - 100%
 
32. States that provide compliance outreach and technical information through onsite assistance 49 - 98%
 
33. States that provide compliance outreach and technical information through workshops 46 - 92%
 
34a. States that provide compliance outreach and technical information through other means 31 - 62%
 
34b. Of the states that checked yes for #34a, list text box descriptions  
*Please note that all references to specific program names have been omitted.
  • Annual Small Business Air Quality Stewardship Award Program
  • On site P2 audits, seminars on various current subjects, booths in various trade shows, TV presentations to special groups, TV and radio interviews
  • Newsletters, emails, trade association affiliations
  • The SBAP participates in events coordinated by other groups, such as SBDC and trade associations.
  • web
  • In-house training of staff
  • We offer pre-application meetings; We coordinate with other Assistance Providers in the State; We have conducted special outreach projects that concentrate on a single sector and we expect to do more in the future; We operate a telephone hotline and provide information over the internet.
  • SBAP web site information, and presentations to groups interested in various aspects of the air quality permitting and compliance programs.
  • Website
  • record keeping calendar, rather than workshops we try to go to annual meeting or trade association to reach a larger, but targeted audience
  • answer questions via e-mail; also utilize state EPA field offices and several vendors to market SBAP services.
  • Compliance Assistance Outreach Programs.
  • website
  • Regional advisory committees, partnerships with local environmental enforcement programs.
  • 800# (confidential if they wish), web based information, assistance through partnership with the Solid Waste Districts, Small Business Development Center, Department of Economic Development, Manufacturing Extension Centers, Multi-media on-site assessments provided.
  • Web site provides 24-hour access to publications. Speaking engagements and referrals as well.
  • Web site
  • We also have a web site & starting Oct 2003 bi-monthly email
  • Permit Assistance and loans
  • online information - library fact sheets public service announcements
  • brochures, web content, telephone assistance, very few on-site assistance, workshops, forums.
  • Web site information, e-mail, research assistance trade shows, articles in trade publications.
  • web sites
  • Both the SBAP & the SBO have websites that provide informational assistance and contact information.
  • Booklets and brochures
  • We sit side-by-side with the regulated community when they are meeting with the regulatory and enforcement staff.
  • Articles, newsletters, brochure distribution
  • We do informational meetings, regulatory updates, in office meetings, interface with other state environmental entities, etc.
  • Web Pages with information accessable
  • Web based assistance.
 
Indicate the level of staffing (number of dedicated FTEs) for the following:
35. States that have the level of staffing (number of dedicated FTEs) for the Small Business Ombudsman Office at the following numbers: Between 0 - 1  = 7
Between 1 - 2  = 33
Between 3 - 5  = 5
Greater then 5  = 1
 
36. States that have the level of staffing (number of dedicated FTEs) for the Small Business Technical Assistance Program at the following numbers: Between 0 - 1  = 1
Between 1 - 2  = 19
Between 3 - 5  = 9
Greater then 5  = 6
 
How is your program funded?  Please provide % from each source:
 
37. States that are funded by Title V fees at: 100%  =  20
Between 75% - 99%  =  8
Between 50% - 74%  = 5
Between 25% - 49%  = 1
Between 1% - 24%  = 21
Between 0% - 1%  = 13
 
38. States that are funded by other air quality permit fees at: 100%  =  1
Between 75% - 99%  =  1
Between 50% - 74%  = 0
Between 25% - 49%  = 0
Between 1% - 24%  = 1
Between 0% - 1%  = 46
 
39. States that are funded by other air quality program funds at: 100%  =  0
Between 75% - 99%  =  0
Between 50% - 74%  = 0
Between 25% - 49%  = 2
Between 1% - 24%  = 1
Between 0% - 1%  = 46
 
40. States that are funded by water program funds at: 100%  =  0
Between 75% - 99%  =  0
Between 50% - 74%  = 0
Between 25% - 49%  = 5
Between 1% - 24%  = 4
Between 0% - 1%  = 40
 
41. States that are funded by waste program funds at: 100%  =  0
Between 75% - 99%  =  0
Between 50% - 74%  = 1
Between 25% - 49%  = 1
Between 1% - 24%  = 3
Between 0% - 1%  = 43
 
42. States that are funded by other state appropriations at: 100%  =  6
Between 75% - 99%  =  1
Between 50% - 74%  = 1
Between 25% - 49%  = 3
Between 1% - 24%  = 4
Between 0% - 1%  = 36
 
43a. States that are funded by other funds at: 100%  =  0
Between 75% - 99%  =  0
Between 50% - 74%  = 1
Between 25% - 49%  = 0
Between 1% - 24%  = 4
Between 0% - 1%  = 43
 
43b. Of the states that filled in a percentage for #43a, list text box descriptions
*Please note that all references to specific program names have been omitted.
  • Title V Fees are sole source of funding.
  • A portion of the funds come from a 105 grant
  • EPA Performance Partnership Grant
  • Federal Grants
  • The Ombudsman and management of the SBA Program are funded from administration budget which receives a percentage from each bureau (a total of 8 including air, water, waste, etc.) for administrative costs. 
  • EPA grants
  • Some of our operating expenses are paid through Pollution Prevention money.
  • Over the next three years we will be receiving some funding from an EPA STAG grant to help develop outreach materials for the aggregate industry within the state. Outreach materials will include presentations, a booklet, and possibly a videotape.
  • The office of the small business ombudsman has been incorporated into a department customer service and one stop permit assistance office. These functions are funded through assessments to other programs including air, water, waste, etc.
  • Technical assistance unit is 100% Title V fees; Ombudsman program is heavily Title V fees but does supplement with Special State Revenues of its parent agency.
  • Our funding varies by year.
  • 100% general fund monies
  • The 90% comes from all permits, the 10% comes from Community service fund that houses our program
  • 1/3 of the program is from the air base grant; 1/3 from the waste program (state general funds); 1/3 from the water program (state general funds)
  • Other state appropriations include Drycleaning Trust Fund, Above Ground Storage Tank Fee Fund and Underground Storage Tank Fee Fund
  • One percent of entire budget, seven percent of the SBO's budget, is from a pollution prevention grant (PPIS)

Total for (44 a - d) = 50 number   percentage
44a. State programs that have good working relationships with their enforcement units   43 - 86%
 
44b. State programs that have fair working relationships with their enforcement units   5 - 10%
 
44c. State programs that have poor working relationships with their enforcement units   0 - 0%
 
44d. State programs that have no working relationships with their enforcement units   2 - 4%
 
45. States that provide confidentiality for the businesses they assist   36 - 72%
 
46. Of the states that checked yes for #45, #/% that have a policy or law that provides for confidentiality
have a policy   15 - 42%
have a law   7 - 19%
have neither   14 - 39%
 
47. List of text box descriptions of where state technical assistance programs are housed
*A summary has been provided in order to omit specific program names.
  • State environmental agency, air quality department--15
  • General state environmental agency--12
  • State environmental agency, nonregulatory department--4
  • State environmental agency, customer service/outreach department--4
  • State economic development agency--3
  • State environmental agency, regulatory department--3
  • State environmental agency, pollution prevention/technical assistance department--2
  • University--2
  • State environmental agency, special programs--1
  • State health department--1
 
48. List of text box descriptions of where state Ombudsman offices are housed
*A summary has been provided in order to omit specific program names.
  • General state environmental agency--17
  • State environmental agency, air quality department--7
  • State environmental agency, regulatory department--4
  • State environmental agency, nonregulatory department--3
  • State economic development agency--2
  • State environmental agency, customer service/outreach department--2
  • State environmental agency, pollution prevention/technical assistance department--2
  • Governor's office--1
  • Mining department--1
  • No formal Ombudsman's office--1
  • State environmental agency, special programs--1
  • State health department section--1
 
49. States that contract any portions of their program services to an outside agency number   percentage
  9 - 18%
 
50. Of the states that checked yes for #49, list of text box descriptions to identify the type of agency (#s, %s of each)
*A summary has been provided in order to omit specific program names.
  • State university/educational institution--5
  • Consulting firm--4
  • Not appointed--1
 
51. Of the states that checked yes for #49, list of text box descriptions to identify the type of services provided by the outside agency (#s, %s of each)
*Please note that all references to specific program names have been omitted.
  • Site assessments, calculating emissions, recommending pollution prevention techniques, preparing permit applications, conducting training programs and assisting with reporting and recordkeeping requirements.
  • pollution prevention
  • Compliance assistance, permitting, etc.
  • We now have a provision in our permitting and fee regulations for permit applicants to use a Department-qualified consultant for accelerated reviews of construction permit applications.
  • telephone hotline; website and email; site visits; publications and newsletter; workshops; permit assistance
  • On-site compliance audits
  • The agreement calls for education and outreach to businesses within certain sectors, namely ones that have had recent or upcoming NESHAPs applicable to them.
  • Onsite Technical Assistance Workshops, Telephone Hotline, Publications, Web Page
  • The entire program is housed outside of the regulatory agency.
 
52a. States that have implemented a policy or law similar to EPA’s Small Business Incentives Policy number   percentage
  13 - 26%
 
52b. Of the states that checked yes for #52a, indicate #/% that implemented a similar:      
Policy 12 - 92%
Law 1 - 8%

53a. States that have implemented a policy or law similar to EPA’s 507 Enforcement Response Policy number   percentage
  11 - 22%
 
53b. Of the states that checked yes for #53a, indicate #/% that implemented a similar:      
Policy 9 - 82%
Law 2 - 18%

54a. States that have implemented their own audit law or policy number   percentage
  26 - 52%
 
54b. Of the states that checked yes for #54a, indicate #/% that implemented a:      
Policy 12 - 46%
Law 14 - 54%

 

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