Referred Question	Group Consensus
1. Meaning of “in compliance”	Applicant is not in Significant Noncompliance or has not had a High Priority Violation for one year.
2. Conditions for participation	Consensus would be required by all DEQ programs to be admitted into Tier One. If a program has a concern - but one which would not deny the applicant initially acceptance - then the issue must be resolved within one year.
3. Conditions for “kicking out”	A noncompliance issue, as defined in #1
4. EMS information	Follow the requirements in “Key Elements of an EMS”
5. Approval process	Initially, applicant would document that they are not in SNC (or a HPV). The application would include a summary of the entity’s compliance status, what permits they hold and regulations they are subject to, what they do, and why they want in. This information will be distributed to each program. Each program must then agree - with or without conditions - or the applicant is not accepted. If acceptance is conditional, issue must be resolved within a year. Approval of an EMS would follow a process similar to the Voluntary cleanup process. Projects would be approved by an internal DEQ committee Committee recommended a slightly different stepped process: 1a. Develop an EMS 1b. Implement an EMS It is not necessary for an applicant to move further - but no benefit beyond assistance with the EMS is granted. 2. Continuing EMS plus a project. Project is defined as something that has an environmental benefit and is not required by rule. The applicant needs to make the case for the project proposed. Process to be re-evaluated once it is up and running
6. Program incentives	- Selected permitting enhancements (ask workgroup to define what areas they might like to see) - Facility specific incentives (negotiated) - reduced % on loan funds - reduced oversight (if we can deliver - there will need to be some work done with EPA to accomplish - publicity - annual meeting with Quality Council
7. Target	Program to be led out by Air and Tanks - however, applicants in other areas will be considered.

A high Priority violation is 1. failure to obtain a PSD permit; 2. a violation of an air toxics requirement; 3. a violation by a synthetic minor of an emission limit or permit condition that affects the source's PSD, NSR, or Title V status; 4. a violation of any substantive term of any local, state, or federal order, consent decree or administrative order; 5. a substantial violation of the source's Title V certification obligations; 6. a substantial violation of the source's obligation to submit a Title V permit application; 7. violations that involve testing, monitoring, record keeping or reporting that interferes with enforcement or determining source's compliance; 8. a violation of an allowable emission limit; 9. Clean Air Act violations by chronic or recalcitrant violators; 10. substantial violations of the clean Air Act Section 112(r) requirements (short version from EPA's Policy on The Timely and Appropriate Enforcement Response to HPVs)