The following words and terms, when used in this subchapter,
have the following meanings, unless the context clearly indicates
otherwise.
(1) Applicable legal requirement--A state or federal
environmental law, regulation, permit, order, consent decree, or other
requirement.
(2) Certified--For purposes of this chapter, a documented
third party decision that the environmental management system meets
the minimum standards of a recognized environmental management system
standard.
(3) Enhanced environmental performance--An activity
by a person, including any measurable voluntary action undertaken
by a person to improve environmental quality, which:
(A) reduces or eliminates discharges or emissions of
pollutants to an extent that is greater than required by applicable
legal requirements;
(B) provides an overall reduction of discharges or
emissions of pollutants from a site to an extent that is greater than
required by applicable legal requirements;
(C) reduces a negative impact on air, water, land,
natural resources, or human health to an extent that is greater than
required by applicable legal requirements; or
(D) is otherwise determined by the executive director
to improve environmental quality to an extent greater than required
by applicable legal requirements.
(4) Environmental aspect--Element of a person's activities,
products, or services that can interact with the environment.
(5) Environmental impact--Any change to the environment,
whether adverse or beneficial, wholly or partially resulting from
a person's activities, products, or services regarding a specific
site.
(6) Environmental management system--A documented management
system to address applicable environmental regulatory requirements
that includes organizational structure, planning activities, responsibilities,
practices, procedures, processes, and resources for developing, implementing,
achieving, reviewing, and maintaining an environmental policy directed
toward continuous improvement.
(7) Independent assessor--A person or team of people,
at least one of whom has appropriate professional credentials and
experience to review an environmental management system. The assessor(s)
must not have contributed to the development of the system being assessed.
(8) Innovative program--
(A) a program developed by the commission under Texas
Water Code (TWC), Chapter 5, Subchapter Q, Performance Based Regulation;
TWC, Chapter 26 or 27; or Texas Health and Safety Code (THSC), Chapters
361, 382, or 401; that provides incentives to a person in return for
benefits to the environment that exceed benefits that would result
from compliance with applicable legal requirements;
(B) the flexible permit program administered by the
agency under THSC, Chapter 382, and defined in Chapter 116, Subchapter
G of this title (relating to Flexible Permits);
(C) the regulatory flexibility program described in §90.20
of this title (relating to Regulatory Flexibility);
(D) the Environmental Management Systems program described
in §90.30 of this title (relating to Minimum Standards for Environmental
Management Systems);
(E) a program established under THSC, §382.401,
and defined in Chapter 101, Subchapter C of this title (relating to
Voluntary Supplemental Leak Detection Program), to encourage the use
of alternative technology for detecting leaks or emissions of air
contaminants; or
(F) other voluntary programs administered by the agency's
Small Business and Environmental Assistance Division or that division's
successor designated as innovative by the executive director.
(9) Maximum environmental benefit--The overall long-term
goal of the agency for environmental improvement which is accomplished
by enhanced environmental performance over time from individual reductions
in discharges or emissions of pollutants by persons who reduce the
negative impacts on water, air, land, natural resources, or human
health to an extent that is greater than required by applicable legal
requirements.
(10) Permit--A license, certificate, registration,
approval, permit by rule, standard permit, or other form of authorization
issued by the agency under the Texas Water Code or Texas Health and
Safety Code.
(11) Public participation--Activities by a person under
this subchapter intended to enhance public input that are not otherwise
required by law or by commission rules.
(12) Region--A region of the agency's Field Operations
Division or that division's successor.
(13) Site--Except with regard to portable units, all
regulated units, facilities, equipment, structures, or sources at
one street address or location that are owned or operated by the same
person. Site includes any property identified in the permit or used
in connection with the regulated activity at the same street address
or location. A site for a portable regulated unit or facility is any
location where the unit or facility is or has operated.
(14) Strategically directed regulatory structure--A
program that is designed to use innovative programs to provide maximum
environmental benefit and to reward compliance performance.
(15) Voluntary measure--A program with specific performance
measures undertaken by a person to improve environmental quality that
is not required by rule or law.
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