If leaks are detected and repairs are completed and recorded in compliance with this subchapter, one or both of the following incentives will be awarded:
  (1) Compliance history-based penalty reductions. The participation of the owner or operator in this program may be applied to the Compliance History in a manner consistent with Chapter 60 of this title (relating to Compliance History; or,
  (2) Conditional limit to enforcement action. To the extent consistent with federal requirements, the commission may not take an enforcement action against an owner or operator of a facility participating in the program established under this subchapter for a leak or an emission of an air contaminant that would otherwise be punishable as a violation of the law or of the terms of the permit under which the facility operates if the leak or emission was detected by using alternative technology and it would not have been detected under the commission's regulatory program for leak detection and repair in effect on the date of the detection.

Source Note: The provisions of this §101.155 adopted to be effective June 24, 2010, 35 TexReg 5284