Current through Reg. 50, No. 13; March 28, 2025
(a) An application for a Regulatory
Flexibility Order (RFO) must be submitted to the executive director.
(b) The application must include:
(1) a narrative summary of the proposal,
including the specific statutes or commission rules for which an exemption is
being sought;
(2) a detailed
explanation, including a demonstration as appropriate, that the proposed
alternative is:
(A) 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
(B) not inconsistent with federal law,
including any requirement for a federally approved or authorized
program;
(3) evidence
that the alternative the applicant proposes is 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;
(4) an implementation schedule which includes
a proposal for monitoring, recordkeeping, and/or reporting, where appropriate,
of environmental performance and compliance under the RFO;
(5) an identification, if applicable, of any
proposed transfers of pollutants between media;
(6) a description of efforts made or proposed
to involve the local community and to achieve local community
support;
(7) an application fee of
$250. The executive director may determine that the application for an RFO
constitutes a significant and complex application for which the recovery of all
reasonable costs for review and approval by the commission is appropriate. Upon
notice to the applicant of such finding, the applicant shall execute a cost
recovery agreement in a form approved by the executive director. Recoverable
costs include costs incurred by the commission for administrative review,
technical review, and hearings associated with the application; and
(8) any other information requested from the
applicant by the executive director during the application review
period.
(c) The
application must be signed by the applicant or its duly authorized agent and
must certify that all information is accurate and complete.
(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.
(e) The applicant shall comply with public
notice, comment, and hearing requirements in §
90.16 of this title (relating to
Public Notice, Comment, and Hearing).
