(a) A person must submit written documentation of the Environmental Management System (EMS) for a specific site as part of a written request for approval of the site's EMS to the executive director to be eligible to receive regulatory incentives under this chapter. The documentation must include:
  (1) the environmental policy statement as required in §90.30(1) of this title (relating to Minimum Standards for Environmental Management Systems);
  (2) scope of the EMS, including programmatic, geographic area, sites, facilities, or units included in the EMS;
  (3) the prioritized environmental aspects for the site as required in §90.30(2) and (3) of this title;
  (4) environmental improvement goals and targets for continuous improvement in environmental performance as required in §90.30(4) of this title;
  (5) list of any independent certifications that have been completed on the EMS;
  (6) main point of contact on the EMS;
  (7) any other information requested by the executive director during the review period; and
  (8) signature of the requestor or the duly authorized agent, that certifies that all information is accurate, and complete.
(b) Requests for incentives under this section do not require public notice, comment, and hearing under §90.16 of this title (relating to Public Notice, Comment, and Hearing).
(c) The executive director will notify the person who submitted the request for review of whether the EMS qualifies for regulatory incentives under this chapter. If the EMS does not qualify for regulatory incentives under this chapter, the executive director will send the person who requested a review of the EMS a notice detailing where the EMS does not meet the standards in §90.30 of this title.
(d) If a person receives regulatory incentives under this section for a specific site, the executive director will require an additional independent reassessment of the EMS at least every three years from the date of the initial assessment. Results of this reassessment must be provided to the executive director.
(e) The executive director will maintain a list of incentives available to a person whose EMS is eligible to receive regulatory incentives under this chapter.
(f) Regulatory incentives provided under this section may not be claimed or utilized without approval from the executive director.

Source Note: The provisions of this §90.31 adopted to be effective July 19, 2012, 37 TexReg 5310