1. (a) An application for a Regulatory Flexibility Order (RFO) must be submitted to the executive director.

2. (b) The application must, at a minimum, include:

   1. (1) a narrative summary of the proposal, including the specific statutes or commission rules for which an exemption is being sought;

   2. (2) a detailed explanation, including a demonstration as appropriate, that the proposed alternative is:

      1. (A) at least 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
      2. (B) not inconsistent with federal law, including any requirement for a federally approved or authorized program;
   3. (3) an implementation schedule which includes a proposal for monitoring, recordkeeping, and/or reporting, where appropriate, of environmental performance and compliance under the RFO;
   4. (4) an identification, if applicable, of any proposed transfers of pollutants between media;
   5. (5) a description of efforts made or proposed to involve the local community and to achieve local community support;
   6. (6) an application fee of $250; and
   7. (7) any other information requested from the applicant by the executive director during the application review period.
3. (c) The application must be signed by the applicant or its duly authorized agent and must certify that all information is true, accurate, and complete to the best of that person's knowledge.
4. (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.

Source Note:The provisions of this §90.10 adopted to be effective September 20, 1998, 23 TexReg 9347.