10.1-1187.3 - Program categories and criteria.
§ 10.1-1187.3. Program categories and criteria.
A. The Director shall establish different categories of participation and thecriteria and benefits for each category. Such categories shall include, butnot be limited to: (i) E2 facilities, (ii) E3 facilities, and (iii) E4facilities.
B. In order to participate as an E2 facility, a person or facility shalldemonstrate that it (i) is developing an environmental management system orhas initiated implementation of an environmental management system, (ii) hasa commitment to pollution prevention and a plan to reduce environmentalimpacts from its operations, and (iii) has a record of sustained compliancewith environmental requirements. To apply to become an E2 facility, anapplicant shall submit the following information to the Department: (a) apolicy statement outlining the applicant's commitment to improvingenvironmental quality, (b) an evaluation of the applicant's environmentalimpacts, (c) the applicant's objectives and targets for addressingsignificant environmental impacts, and (d) a description of the applicant'spollution prevention program. A person or facility may participate in thisprogram for up to three years, and may apply to renew its participation atthe expiration of each three-year period. Incentives for E2 facilities mayinclude, but are not limited to, the following: public recognition offacility performance and reduced fees.
C. In order to participate as an E3 facility, a person or facility shalldemonstrate that it has (i) a fully-implemented environmental managementsystem, (ii) a pollution prevention program with documented results, and(iii) a record of sustained compliance with environmental requirements. Toapply to become an E3 facility, an applicant shall submit the followinginformation to the Department: (a) a policy statement outlining theapplicant's commitment to improving environmental quality; (b) an evaluationof the applicant's actual and potential environmental impacts; (c) theapplicant's objectives and targets for addressing significant environmentalimpacts; (d) a description of the applicant's pollution prevention program;(e) identification of the applicant's environmental legal requirements; (f) adescription of the applicant's environmental management system thatidentifies roles, responsibilities and authorities, reporting andrecord-keeping, emergency response procedures, staff training, monitoring,and corrective action processes for noncompliance with the environmentalmanagement system; (g) voluntary self-assessments; and (h) procedures forinternal and external communications. A person or facility may participate inthis program for up to three years, and may apply to renew its participationat the expiration of each three-year period. Incentives for E3 facilities mayinclude, but are not limited to, the following: public recognition offacility performance, reduced fees, reduced inspection priority, a singlepoint-of-contact between the facility and the Department, streamlinedenvironmental reporting, reduced monitoring requirements, prioritized permitand permit amendment review, and the ability to implement alternativecompliance measures approved by the appropriate Board in accordance with §10.1-1187.6.
D. In order to participate as an E4 facility, a person or facility shall meetthe criteria for participation as an E3 facility, and shall have (i)implemented and completed at least one full cycle of an environmentalmanagement system as verified by an unrelated third-party qualified to auditenvironmental management systems and (ii) committed to measures forcontinuous and sustainable environmental progress and community involvement.To apply to become an E4 facility, an applicant shall submit (a) theinformation required to apply to become an E3 facility, (b) documentationevidencing implementation and completion of at least one full cycle of anenvironmental management system and evidencing review and verification by anunrelated third party, and (c) documentation that the applicant has committedto measures for continuous and sustainable environmental progress andcommunity involvement. A person or facility may participate in this programfor up to three years, and may apply to renew its participation at theexpiration of each three-year period. Incentives for E4 facilities mayinclude all of the incentives available to E3 facilities. Any facility orperson that has been accepted into the National Performance Track Programs bythe U.S. Environmental Protection Agency shall be deemed to be an E4facility. If acceptance in the Program is revoked or suspended by the U.S.Environmental Protection Agency, participation as an E4 facility shall alsobe terminated or suspended.
(2005, c. 705.)