(a) An application for a Regulatory Flexibility Order (RFO) must be submitted to the executive director.
(b) The application must include:
  (1) a narrative summary of the proposal, including the specific statutes or commission rules for which an exemption is being sought;
  (2) a detailed explanation, including a demonstration as appropriate, that the proposed alternative is:
    (A) as protective of the environment and the public health as the method or standard prescribed by the statute or commission rule that would otherwise apply; and
    (B) not inconsistent with federal law, including any requirement for a federally approved or authorized program;
  (3) evidence that the alternative the applicant proposes is as protective of the environment and the public health as the method or standard prescribed by the statute or commission rule that would otherwise apply;
  (4) an implementation schedule which includes a proposal for monitoring, recordkeeping, and/or reporting, where appropriate, of environmental performance and compliance under the RFO;
  (5) an identification, if applicable, of any proposed transfers of pollutants between media;
  (6) a description of efforts made or proposed to involve the local community and to achieve local community support;
  (7) an application fee of $250. The executive director may determine that the application for an RFO constitutes a significant and complex application for which the recovery of all reasonable costs for review and approval by the commission is appropriate. Upon notice to the applicant of such finding, the applicant shall execute a cost recovery agreement in a form approved by the executive director. Recoverable costs include costs incurred by the commission for administrative review, technical review, and hearings associated with the application; and
  (8) any other information requested from the applicant by the executive director during the application review period.
(c) The application must be signed by the applicant or its duly authorized agent and must certify that all information is accurate and complete.
(d) The applicant shall submit an original and two copies of the signed application to the executive director for review, and shall send one additional copy to the commission's regional office for the region in which the facility is located.
(e) The applicant shall comply with public notice, comment, and hearing requirements in §90.16 of this title (relating to Public Notice, Comment, and Hearing).

Source Note: The provisions of this §90.21 adopted to be effective July 19, 2012, 37 TexReg 5310