(a) An application for a Regulatory Flexibility Order
(RFO) must be submitted to the executive director.
(b) The application must include:
(1) a narrative summary of the proposal, including
the specific statutes or commission rules for which an exemption is
being sought;
(2) a detailed explanation, including a demonstration
as appropriate, that the proposed alternative is:
(A) as protective of the environment and the public
health as the method or standard prescribed by the statute or commission
rule that would otherwise apply; and
(B) not inconsistent with federal law, including any
requirement for a federally approved or authorized program;
(3) evidence that the alternative the applicant proposes
is as protective of the environment and the public health as the method
or standard prescribed by the statute or commission rule that would
otherwise apply;
(4) an implementation schedule which includes a proposal
for monitoring, recordkeeping, and/or reporting, where appropriate,
of environmental performance and compliance under the RFO;
(5) an identification, if applicable, of any proposed
transfers of pollutants between media;
(6) a description of efforts made or proposed to involve
the local community and to achieve local community support;
(7) an application fee of $250. The executive director
may determine that the application for an RFO constitutes a significant
and complex application for which the recovery of all reasonable costs
for review and approval by the commission is appropriate. Upon notice
to the applicant of such finding, the applicant shall execute a cost
recovery agreement in a form approved by the executive director. Recoverable
costs include costs incurred by the commission for administrative
review, technical review, and hearings associated with the application;
and
(8) any other information requested from the applicant
by the executive director during the application review period.
(c) The application must be signed by the applicant
or its duly authorized agent and must certify that all information
is accurate and complete.
(d) The applicant shall submit an original and two
copies of the signed application to the executive director for review,
and shall send one additional copy to the commission's regional office
for the region in which the facility is located.
(e) The applicant shall comply with public notice,
comment, and hearing requirements in §90.16 of this title (relating
to Public Notice, Comment, and Hearing).
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