Application Review Process. The Agencies agree to the need for clear and early communication about the merits and challenges of potential E3 participants. When VADEQ receives an application, it will forward a copy to the EPA Team co-chair or their designee for compliance screening. VADEQ will evaluate an individual Program application and conduct a compliance review to identify any recent or pending actions regarding the facility. The EPA co-chair will communicate any initial EPA reactions to the VADEQ Team co-chair or their designee within a target of three weeks. The decision to accept or reject an application will be made within a target of 45 days and that decision will be immediately communicated to the applicant by VADEQ. VADEQ will provide the public notice of its decision to accept an application in accordance with state law. For applications that are accepted, VADEQ will request that the facility submit a list of regulatory flexibility proposals, if any are sought. Upon receipt of such a list, VADEQ will request EPA involvement for flexibility that potentially requires federal action to implement. The VADEQ co- chair will provide an assessment of a need for federal involvement to the EPA co-chair in writing. EPA will promptly review the requested flexibility, identify the regulatory actions that will likely need federal action to implement, and will decide whether to proceed to the next phase. The EPA co-chair will communicate this information in writing to the VADEQ co-chair. The Team may hold meetings during this review process to help the Agencies decide whether or not to proceed to the negotiation phase of the project.
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