All persons required to develop a pollution prevention plan for a facility under this subchapter shall submit to the commission an initial executive summary of the plan following the requirements of §335.474(1)(J) of this title (relating to Pollution Prevention Plans) for large quantity generators/toxic release inventory Form R reporters or §335.474(2)(I) of this title for small quantity generators/non-toxic release inventory Form R and a copy of the certification of completeness and correctness as required by §335.474(1)(I) of this title. Within 30 days of any revision of such plan, a revised executive summary, including a copy of a new certificate of completeness and correctness shall be submitted. All owners and operators required to develop a plan under §335.473(1) or (3) of this title (relating to Applicability) shall also submit an annual progress report as defined in paragraphs (1) - (3) of this section according to the schedule outlined in paragraph (4) of this section. Persons required to develop a pollution prevention plan for a facility under §335.473(2) of this title may meet the annual progress reporting requirements by submitting their annual waste summary required under §335.9 of this title (relating to Recordkeeping and Annual Reporting Procedures Applicable to Generators) and by submitting their hazardous waste reduction goals as required under §335.474(2)(I) of this title.
  (1) The annual progress report shall detail the facility's progress in implementing the pollution prevention plan and include:
    (A) an assessment of the progress toward the achievement of the facility source reduction goals and the facility waste minimization goals;
    (B) a statement to include, for facilities described in §335.473(1) of this title, the amount of hazardous waste generated and, for facilities described in §335.473(3) of this title, the amount of any releases and transfers of reportable pollutants or contaminants designated under Texas Health and Safety Code, §361.503(a)(3) in the year preceding the annual progress reporting year, and a comparison of those amounts with the amounts generated or released using the base year; and
    (C) any modification to the plan.
  (2) The annual progress report may include:
    (A) a discussion of the person's previous effort at the facility to reduce hazardous waste or the release of pollutants or contaminants through the pollution prevention plan;
    (B) a discussion of the effect changes in environmental regulations have had on the achievement of the source reduction and waste minimization goals;
    (C) the effects that events the person could not control have had on the achievement of the source reduction and waste minimization goals; and
    (D) a discussion of the operational decisions the person has made that have affected the achievement of the source reduction and waste minimization goals.
  (3) The annual progress report shall contain a separate component addressing source reduction activities and a separate component addressing waste minimization activities.
  (4) The first annual progress report shall be submitted on July 1st of the calendar year following the year of first plan due date. Thereafter, the annual progress report shall be submitted annually, due July 1st to report progress from the previous calendar year.
  (5) Base year data shall be used in developing both the annual progress report and the executive summary of the plan.
  (6) The annual progress report shall be submitted on forms furnished or approved by the executive director and shall contain at a minimum the information specified in paragraph (1) of this section. Upon written request by the facility, the executive director may authorize a modification in the reporting period.

Source Note: The provisions of this §335.476 adopted to be effective January 3, 1992, 16 TexReg 7532; amended to be effective July 11, 1995, 20 TexReg 4635; amended to be effective December 25, 1995, 20 TexReg 10374; amended to be effective November 15, 2001, 26 TexReg 9135; amended to be effective January 30, 2003, 28 TexReg 735