Texas Register, Volume 37, Number 6, Pages 553-814, February 10, 2012 Page: 644
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(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 alter-
native 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 re-
quired by law or by commission rules.
(12) Region--A region of the agency's Field Operations Di-
vision or that division's successor.
(13) Site--Except with regard to portable units, all regu-
lated 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 connec-
tion 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 envi-
ronmental benefit and to reward compliance performance.
(15) Voluntary measure--A program with specific perfor-
mance measures undertaken by a person to improve environmental
quality that is not required by rule or law.
,90.10. Strategically Directed Regulatory Structure.
The Strategically Directed Regulatory Structure establishes a frame-
work for innovative programs to provide for enhanced environmental
performance and to reward compliance performance.
90.11. Eligibility.
(a) Except as provided in subsection (b) or (c) of this section,
a person whose application to participate in an innovative program or
whose application for an incentive meets the minimum standards of
90.13 of this title (relating to Application for Incentives) shall be eli-
gible to receive regulatory incentives under this chapter.
(b) A person who has incurred a judgment in a suit brought by
the Texas or United States attorney general against the site for which the
person is requesting regulatory incentives, is ineligible to participate in
an innovative program or to receive regulatory incentives at that site
for a period of five years after the date the judgment was final.
(c) A person who has been convicted of an environmental
crime regarding the site for which the person is requesting to partici-pate in an innovative program or requesting regulatory incentives is
ineligible to receive regulatory incentives through participation in an
innovative program under this chapter for a period of three years after
the date of the conviction.
(d) A person shall be accepted into a strategically directed reg-
ulatory structure by meeting the criteria and standards for the follow-
ing:
(1) regulatory flexibility under 90.20 of this title (relating
to Regulatory Flexibility);
(2) incentives for using an environmental management sys-
tem under 90.30 of this title (relating to Minimum Standards for En-
vironmental Management Systems);
(3) programs authorized as innovative by the executive di-
rector;
(4) flexible permits under Chapter 116 of this title (relating
to Control of Air Pollution by Permits for New Construction or Modi-
fication); or
(5) other programs set forth under this subchapter.
(e) Incentives provided under one innovative program do not
guarantee the providing of incentives offered under another innovative
program, except where those incentives are equivalent.
90.12. Incentives.
(a) In providing incentives for enhanced environmental per-
formance, 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 exec-
utive 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 partic-
ipation in innovative programs include, but are not limited to:
(1) one point of contact for coordinating innovative pro-
grams;
(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, in-
cluding the provisions of any agreements between the agency and the
federal government.
,90.13. Application for Incentives.
(a) A person who applies to the executive director for a regu-
latory flexibility project or to use an environmental management sys-37 TexReg 644 February 10, 2012 Texas Register
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Texas. Secretary of State. Texas Register, Volume 37, Number 6, Pages 553-814, February 10, 2012, periodical, February 10, 2012; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth215970/m1/92/?q=%222012~%22: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.