(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.

Source Note: The provisions of this §90.13 adopted to be effective July 19, 2012, 37 TexReg 5310