Authority: IC 13-14-8; IC 13-17-3-4; IC 13-17-3-12

Affected: IC 13-15; IC 13-17

Sec. 6. (a) To renew ESP membership, a member of senior management shall submit a renewal application, preferably electronically, by April 1 of the fourth year of membership, to the department on one (1) of the following:

1. (1) A form, either electronically or hard copy, provided by the department.
2. (2) An equivalent form.

(b) The application shall be signed by a member of senior management. The signature shall:

1. (1) constitute affirmation that the statements in the application are true and complete, as known at the time of completion of the application; and
2. (2) subject the member of senior management to liability under state laws forbidding false or misleading statements.

(c) The department shall review the renewal application and the annual summaries submitted during the most recent term of membership. The review of a renewal shall follow the same procedures as the review for the initial application regarding compliance checks and EMS evaluations.

(d) The commissioner shall make a determination on the ESP renewal application based on the following:

1. (1) The EMS must continue to meet the standards in section 11 of this rule.
2. (2) Review of the annual summaries submitted during the previous membership term.
3. (3) Successful coordination with a member of senior management to set at least one (1) environmental improvement initiative and associated goals for the next year of membership.

4. (4) Compliance audits conducted by:

   1. (A) the department;
   2. (B) the U.S. EPA;
   3. (C) other state offices; and
   4. (D) other federal agencies;
5. as appropriate.

6. (5) Other information, including the following:

   1. (A) Compliance information obtained from department staff.
   2. (B) Verifiable, applicable information received from sources determined to be relevant by the commissioner.

(Air Pollution Control Division; 326 IAC 25-1-6; filed May 16, 2007, 3:13 p.m.: 20070613-IR-326050232FRA; readopted filed Jul 29, 2013, 9:34 a.m.: 20130828-IR-326130173BFA; filed Feb 2, 2016, 1:20 p.m.: 20160302-IR- 326140068FRA; readopted filed May 12, 2023, 1:07 p.m.: 20230607-IR-326230077BFA; readopted filed Oct 18, 2024, 2:09 p.m.: 20241113-IR-326230809RFA)