(a) A person who applies to the executive director
for a regulatory flexibility project or to use an environmental management
system under this chapter, or for a flexible permit under Chapter
116 of this title (relating to Control of Air Pollution by Permits
for New Construction or Modification) or another program designated
as innovative under Texas Water Code (TWC), §5.752(2), does not
need to submit another application under this section's requirements,
unless the person requests an additional incentive not available to
the person in the program in which the person is already participating
or applying to participate. Compliance with this requirement does
not relieve the person from complying with all other applicable legal
requirements.
(b) If a person seeks incentives under this section
that are not available under specific innovative programs designated
in this chapter, Chapter 116 of this title, or other programs designated
as innovative under TWC, §5.752(2), the person must submit an
application to the executive director to receive incentives available
under this section. Within 30 days after receipt of an application
under this section, the executive director shall mail written notification
informing the person that the application is administratively complete
or that it is deficient.
(1) If the application is deficient, the notification
shall specify the deficiencies, and allow the person 30 days from
the date of the notice to provide the requested information. If the
person does not submit an adequate response within the allotted time,
the application will be returned without further action by the executive
director.
(2) Additional technical information may be requested
within 60 days after issuance of an administrative completeness letter.
If the person does not provide the requested technical information
within 30 days after the date of the request, the application will
be returned without further action by the executive director.
(3) If an application is returned under paragraph (1)
or (2) of this subsection, the person may file a new application at
any time.
(4) The person may request in writing that the executive
director allow additional time for a person to submit information
regarding the person's application to use an innovative program or
to request an incentive.
(c) In making a determination of eligibility, the executive
director shall review the application submitted under this section,
as well as the person's and site's compliance history.
(d) An application for participation in the strategically
directed regulatory structure must, at a minimum, include:
(1) a narrative summary of the proposal or project,
including the specific statutes or commission rules under which participation
is being sought;
(2) a specific reference to the appropriate permit
provision or citation to a regulation if the person's request is to
modify an existing state or federal regulatory requirement;
(3) a detailed explanation, including a demonstration
as appropriate, that the proposal or project is:
(A) more protective of the environment and the public
health than the method or standard prescribed by the statute or commission
rules that would otherwise apply; and
(B) not inconsistent with federal law, including any
requirement for a federally approved or authorized program;
(4) a description of any public participation component
associated with the proposal or project;
(5) where appropriate, a project schedule which includes
a proposal for monitoring, recordkeeping, and/or reporting of environmental
performance and compliance;
(6) any documented results from the project or estimates
of future project outcomes demonstrating that the project produces
a measurable environmental improvement that enhances environmental
performance;
(7) an explanation of how the project will be consistent
with the needed outcome/regional plan if the applicant chooses a project
that will address a regional environmental issue identified in the
agency's strategic plan, as amended; and
(8) any necessary additional information as determined
by the executive director.
(e) The application must be signed and must certify
that all information is true, accurate, and complete to the best of
the signatory's knowledge.
(f) An original and two copies of the signed application
shall be submitted to the executive director for review, and one additional
copy shall be submitted to the appropriate regional office for the
region in which the site is located.
(g) A person whose application is approved by the executive
director must maintain records and other supporting information to
show that voluntary environmental measures associated with incentives
approved by the executive director are being carried out and are resulting
in enhanced environmental performance. All records and data shall
be retained at the site and/or shall be readily available for review
by an agency representative or any local air pollution control program
with jurisdiction for a period of three years after the date of any
record or sample, measurement, report, application, or certification.
Upon the written direction of the executive director specifying the
reason for the extension, this period shall be extended.
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