|(a) A person must submit written documentation of the
Environmental Management System (EMS) for a specific site as part
of a written request for approval of the site's EMS to the executive
director to be eligible to receive regulatory incentives under this
chapter. The documentation must include:
(1) the environmental policy statement as required
in §90.30(1) of this title (relating to Minimum Standards for
Environmental Management Systems);
(2) scope of the EMS, including programmatic, geographic
area, sites, facilities, or units included in the EMS;
(3) the prioritized environmental aspects for the site
as required in §90.30(2) and (3) of this title;
(4) environmental improvement goals and targets for
continuous improvement in environmental performance as required in §90.30(4)
of this title;
(5) list of any independent certifications that have
been completed on the EMS;
(6) main point of contact on the EMS;
(7) any other information requested by the executive
director during the review period; and
(8) signature of the requestor or the duly authorized
agent, that certifies that all information is accurate, and complete.
(b) Requests for incentives under this section do not
require public notice, comment, and hearing under §90.16 of this
title (relating to Public Notice, Comment, and Hearing).
(c) The executive director will notify the person who
submitted the request for review of whether the EMS qualifies for
regulatory incentives under this chapter. If the EMS does not qualify
for regulatory incentives under this chapter, the executive director
will send the person who requested a review of the EMS a notice detailing
where the EMS does not meet the standards in §90.30 of this title.
(d) If a person receives regulatory incentives under
this section for a specific site, the executive director will require
an additional independent reassessment of the EMS at least every three
years from the date of the initial assessment. Results of this reassessment
must be provided to the executive director.
(e) The executive director will maintain a list of
incentives available to a person whose EMS is eligible to receive
regulatory incentives under this chapter.
(f) Regulatory incentives provided under this section
may not be claimed or utilized without approval from the executive