Current through Register Vol. XLI, No. 45, November 8, 2024
Section 60-8-9 - IncentivesEnvironmental excellence program members are eligible for incentives that may include, but will not be limited to, the following:
9.1. The department will grant recognition and regulatory incentives that are commensurate with the quantity and quality of environmental performance goals selected by the member. Bronze Leaf members must only be entitled to recognition incentives. Silver and Gold Leaf members are entitled to recognition and regulatory incentives.9.2. Recognition Incentives. 9.2.a. The department will issue a numbered certificate of recognition to each participant in the program that specifies the level of achievement, i.e. Bronze, Silver, or Gold Leaf, and a unique facility identification number;9.2.b. The department will identify each member on an internet site maintained by the department at http://www.wvdep.org;9.2.c. The department will annually provide notice of the participation of each member in the program to newspapers in the area in which each member operates; and,9.2.d. Members may use an environmental excellence program logo selected by the department on written materials produced by the member.9.3. Regulatory and Administrative Incentives.9.3.a. Silver and Gold Leaf members must be entitled to regulatory and administrative incentives that are commensurate with the degree of superior environmental performance achieved by the participating member.9.3.a.1. General Incentives.9.3.a.1.A. Low priority for routine inspections. The department will conduct any inspections of the member's facility at the lowest frequency permitted under law, except that the department may conduct an inspection whenever it has reason to believe that a participant is out of compliance with the environmental performance agreement or any environmental law;9.3.a.1.B. Single point of contact with department for all permitting actions. The department will assign an employee to be the primary interface with the member to provide technical support and guidance on permitting actions and permitting activities;9.3.a.1.C. Credit, dollar-for-dollar, for environmental excellence program triennial renewal fee toward permit fees;9.3.a.1.D. A network established to promote the environmental excellence program and its members to recognize the accomplishments of environmental excellence program members and to provide networking opportunities with department officials and other members; and,9.3.a.1.E. Letter in good standing provided by the department to environmental excellence program member in order to obtain financial support from a financial investor that provides incentives to firms that promote environmental and social performance.9.3.a.2. Air Incentives.9.3.a.2.A. Flexible permits. The department will work with members to design flexible permits that are designed to reduce permitting costs and uncertainty and allow for planned process changes for operating flexibility; and,9.3.a.2.B. Reduced reporting frequency and simplified reporting requirements for facilities governed by Maximum Available Control Technology (MACT). Facilities subject to MACT reporting requirements may be entitled to the reduced and simplified reporting provisions for National Environmental Performance Track members promulgated by the United States Environmental Protection Agency, 40 CFR §63.10 and § 63.16.9.3.a.3. Water Incentives. 9.3.a.3.A. Waiver of permit modification fees as specified under W. Va. Code of State Rules § 47-26-6; and,9.3.a.3.B. Reduced frequency for filing discharge monitoring reports (DMR) with the department. Participants may be entitled to file DMRs on a quarterly basis. Other required documents are to be kept on file at the facility and made available upon request.9.3.a.4. Waste Incentives. 9.3.a.4.A. Reduced permitting requirements for generators of hazardous wastes. Facilities that generate hazardous wastes may accumulate hazardous wastes up to 180 days, and in certain cases 270 days, without a Resource Conservation and Recovery Act (RCRA) permit or interim status provided the facility follows the Performance Track facility extended time requirements promulgated by the United States Environmental Protection Agency, 40 CFR §262.34.