; or (2) are substantially equivalent to or exceed those risk-based performance standards. (c) Procedures To deny waiver The Secretary shall deny an application submitted by an owner or operator of a covered chemical facility for a waiver under subsection (a) if the Secretary determines that— (1) the risk-based performance standard to which the covered chemical facility is subject under this title are not met by the security requirements of another Federal regulatory program under which the owner or operator of a covered chemical facility is required to comply; (2) following the administrative proceedings of the other Federal regulatory program described in paragraph (1), the covered chemical facility is determined to not be in compliance with the security requirements of the other Federal regulatory program, as demonstrated through inspections, audits, or other supporting evidence by the Federal agency with jurisdiction for enforcing the security requirements under the other Federal regulatory program; or (3) during the 3-year period ending on the date on which the owner or operator of the covered chemical facility submits an application for the waiver, the covered chemical facility has been found to be— (A) the subject of a civil or criminal enforcement action brought by the other Federal regulatory program