The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise.
  (1) Applicable legal requirement--A state or federal environmental law, regulation, permit, order, consent decree, or other requirement.
  (2) Certified--For purposes of this chapter, a documented third party decision that the environmental management system meets the minimum standards of a recognized environmental management system standard.
  (3) Enhanced environmental performance--An activity by a person, including any measurable voluntary action undertaken by a person to improve environmental quality, which:
    (A) reduces or eliminates discharges or emissions of pollutants to an extent that is greater than required by applicable legal requirements;
    (B) provides an overall reduction of discharges or emissions of pollutants from a site to an extent that is greater than required by applicable legal requirements;
    (C) reduces a negative impact on air, water, land, natural resources, or human health to an extent that is greater than required by applicable legal requirements; or
    (D) is otherwise determined by the executive director to improve environmental quality to an extent greater than required by applicable legal requirements.
  (4) Environmental aspect--Element of a person's activities, products, or services that can interact with the environment.
  (5) Environmental impact--Any change to the environment, whether adverse or beneficial, wholly or partially resulting from a person's activities, products, or services regarding a specific site.
  (6) Environmental management system--A documented management system to address applicable environmental regulatory requirements that includes organizational structure, planning activities, responsibilities, practices, procedures, processes, and resources for developing, implementing, achieving, reviewing, and maintaining an environmental policy directed toward continuous improvement.
  (7) Independent assessor--A person or team of people, at least one of whom has appropriate professional credentials and experience to review an environmental management system. The assessor(s) must not have contributed to the development of the system being assessed.
  (8) Innovative program--
    (A) a program developed by the commission under Texas Water Code (TWC), Chapter 5, Subchapter Q, Performance Based Regulation; TWC, Chapter 26 or 27; or Texas Health and Safety Code (THSC), Chapters 361, 382, or 401; that provides incentives to a person in return for benefits to the environment that exceed benefits that would result from compliance with applicable legal requirements;
    (B) the flexible permit program administered by the agency under THSC, Chapter 382, and defined in Chapter 116, Subchapter G of this title (relating to Flexible Permits);
    (C) the regulatory flexibility program described in §90.20 of this title (relating to Regulatory Flexibility);
    (D) the Environmental Management Systems program described in §90.30 of this title (relating to Minimum Standards for Environmental Management Systems);
    (E) a program established under THSC, §382.401, and defined in Chapter 101, Subchapter C of this title (relating to Voluntary Supplemental Leak Detection Program), to encourage the use of alternative technology for detecting leaks or emissions of air contaminants; or
    (F) other voluntary programs administered by the agency's Small Business and Environmental Assistance Division or that division's successor designated as innovative by the executive director.
  (9) Maximum environmental benefit--The overall long-term goal of the agency for environmental improvement which is accomplished by enhanced environmental performance over time from individual reductions in discharges or emissions of pollutants by persons who reduce the negative impacts on water, air, land, natural resources, or human health to an extent that is greater than required by applicable legal requirements.
  (10) Permit--A license, certificate, registration, approval, permit by rule, standard permit, or other form of authorization issued by the agency under the Texas Water Code or Texas Health and Safety Code.
  (11) Public participation--Activities by a person under this subchapter intended to enhance public input that are not otherwise required by law or by commission rules.
  (12) Region--A region of the agency's Field Operations Division or that division's successor.
  (13) Site--Except with regard to portable units, all regulated units, facilities, equipment, structures, or sources at one street address or location that are owned or operated by the same person. Site includes any property identified in the permit or used in connection with the regulated activity at the same street address or location. A site for a portable regulated unit or facility is any location where the unit or facility is or has operated.
  (14) Strategically directed regulatory structure--A program that is designed to use innovative programs to provide maximum environmental benefit and to reward compliance performance.
  (15) Voluntary measure--A program with specific performance measures undertaken by a person to improve environmental quality that is not required by rule or law.

Source Note: The provisions of this §90.3 adopted to be effective July 19, 2012, 37 TexReg 5310