(a) The environmental performance agreement shall clearly establish the environmental
goals of the participant; public involvement requirements; incentives; reporting
requirements; and all other terms to ensure that the proposal is properly implemented
(b) In entering into environmental performance agreements, the secretary shall require
stricter monitoring, or take other appropriate steps to ensure accountability, for
proposals with greater uncertainty of meeting their stated environmental goals.
(c) A final environmental performance agreement shall specify:
(1) Any otherwise applicable rules, requirements, policies, or practices, modified,
waived or replaced;
(2) The specific environmental goals of the agreement and the criteria for determining
whether the agreement is meeting those goals;
(3) A description of how compliance with the agreement will be monitored and enforced,
including any penalties that may be imposed for failure to carry out the terms of
(4) The duration of the agreement and terms for renewal or extension;
(5) A transition plan for returning to otherwise applicable environmental laws in
the event the agreement is terminated by either the participant or the department;
(6) A plan for integrating into the agreement any relevant regulations that are promulgated
during the duration of the agreement; and
(7) Criteria for determining whether agreement may be transferred in the event of
a transfer of ownership of the facility subject to the terms and conditions of the
agreement and when applicable, the procedures for transferring the agreement.
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