(a) In providing incentives for enhanced environmental performance, the executive director shall offer incentives based on:      
        (1) a person's and/or site's compliance history; and       
        (2) a person's voluntary measures, including participation in innovative programs, to improve environmental quality. The executive director may give favorable consideration to voluntary measures that are related to the specific media for which a person is requesting incentives or participation in an innovative program.       
      (b) In providing incentives, the executive director may also consider any other factor that the executive director finds relevant that leads to enhanced environmental performance.     
      (c) The incentives the executive director may offer for participation in innovative programs include, but are not limited to:      
        (1) one point of contact for coordinating innovative programs;       
        (2) technical assistance provided by the agency;       
        (3) accelerated access to agency information;       
        (4) modification of state regulatory requirements that do not increase existing emission or discharge limits or decrease public involvement;       
        (5) flexibility in regulatory processes;       
        (6) public recognition; and       
        (7) inclusion of the use of an Environmental Management System in a site's compliance history and compliance summaries.       
      (d) An innovative program offered as part of the strategically directed regulatory structure must be consistent with other law and any requirement necessary to maintain federal program authorization, including the provisions of any agreements between the agency and the federal government.     
     Source Note:        The provisions of this §90.12 adopted to be effective July 19, 2012, 37 TexReg 5310