                                 CODE OF VIRGINIA

PROGRAM CATEGORIES AND CRITERIA (§ 10.1-1187.3)

A. The Director shall establish different categories of participation and the
criteria and benefits for each category. Such categories shall include, but not
be limited to: (i) E2 facilities, (ii) E3 facilities, and (iii) E4 facilities.

B. In order to participate as an E2 facility, a person or facility shall
demonstrate that it (i) is developing an environmental management system or has
initiated implementation of an environmental management system, (ii) has a
commitment to pollution prevention and a plan to reduce environmental impacts
from its operations, and (iii) has a record of sustained compliance with
environmental requirements. To apply to become an E2 facility, an applicant
shall submit the following information to the Department: (a) a policy statement
outlining the applicant&#8217;s commitment to improving environmental quality,
(b) an evaluation of the applicant&#8217;s environmental impacts, (c) the
applicant&#8217;s objectives and targets for addressing significant
environmental impacts, and (d) a description of the applicant&#8217;s pollution
prevention program. A person or facility may participate in this program for up
to three years, and may apply to renew its participation at the expiration of
each three-year period. Incentives for E2 facilities may include, but are not
limited to, the following: public recognition of facility performance and
reduced fees.

C. In order to participate as an E3 facility, a person or facility shall
demonstrate that it has (i) a fully-implemented environmental management system,
(ii) a pollution prevention program with documented results, and (iii) a record
of sustained compliance with environmental requirements. To apply to become an
E3 facility, an applicant shall submit the following information to the
Department: (a) a policy statement outlining the applicant&#8217;s commitment to
improving environmental quality; (b) an evaluation of the applicant&#8217;s
actual and potential environmental impacts; (c) the applicant&#8217;s objectives
and targets for addressing significant environmental impacts; (d) a description
of the applicant&#8217;s pollution prevention program; (e) identification of the
applicant&#8217;s environmental legal requirements; (f) a description of the
applicant&#8217;s environmental management system that identifies roles,
responsibilities and authorities, reporting and record-keeping, emergency
response procedures, staff training, monitoring, and corrective action processes
for noncompliance with the environmental management system; (g) voluntary
self-assessments; and (h) procedures for internal and external communications. A
person or facility may participate in this program for up to three years, and
may apply to renew its participation at the expiration of each three-year
period. Incentives for E3 facilities may include, but are not limited to, the
following: public recognition of facility performance, reduced fees, reduced
inspection priority, a single point-of-contact between the facility and the
Department, streamlined environmental reporting, reduced monitoring
requirements, prioritized permit and permit amendment review, and the ability to
implement alternative compliance measures approved by the appropriate Board in
accordance with &#xA7; 10.1-1187.6.

D. In order to participate as an E4 facility, a person or facility shall meet
the criteria for participation as an E3 facility, and shall have (i) implemented
and completed at least one full cycle of an environmental management system as
verified by an unrelated third-party qualified to audit environmental management
systems and (ii) committed to measures for continuous and sustainable
environmental progress and community involvement. To apply to become an E4
facility, an applicant shall submit (a) the information required to apply to
become an E3 facility, (b) documentation evidencing implementation and
completion of at least one full cycle of an environmental management system and
evidencing review and verification by an unrelated third party, and (c)
documentation that the applicant has committed to measures for continuous and
sustainable environmental progress and community involvement. A person or
facility may participate in this program for up to three years, and may apply to
renew its participation at the expiration of each three-year period. Incentives
for E4 facilities may include all of the incentives available to E3 facilities.
Any facility or person that has been accepted into the National Performance
Track Programs by the U.S. Environmental Protection Agency shall be deemed to be
an E4 facility. If acceptance in the Program is revoked or suspended by the U.S.
Environmental Protection Agency, participation as an E4 facility shall also be
terminated or suspended.

HISTORY: 2005, c. 705.