Section 4.205 - [Effective 7/1/2025] Exceptions(a) Except for the requirements related to financial security found in §§4.239(b), 4.255(b), 4.271(b), and 4.287(b) of this title; the notice requirements found in §§ 4.238, 4.254, 4.270, and 4.286 of this title; and the requirements related to sampling and analysis found in §§ 4.221, 4.222, 4.223, 4.242, 4.243, 4.258, 4.259, 4.274, 4.275, 4.290, and 4.291 of this title, an applicant or permittee may request an exception to the provisions of this subchapter by submitting to the Director a written request and demonstrating that the requested alternative is at least equivalent in the protection of public health and safety, and the environment, as the provision of this subchapter to which the exception is requested.(b) Each application for an exception to a rule in this subchapter shall be accompanied by the exception fee and surcharge required by § 3.78(b)(4) and (n) of this title (relating to Fees and Financial Security Requirements).(c) The Director shall review each written request on a case-by-case basis.(1) If the Director determines that a request for an exception to a rule in Divisions 5 or 6 of this subchapter (relating to Requirements for Off-Lease Commercial Recycling of Fluid, and Requirements for Stationary Commercial Recycling of Fluid, respectively) is substantially similar to previous exceptions approved by the Commission, the Director shall approve the requested exception.(2) If the Director denies a request for an exception, the applicant or permittee may request a hearing consistent with the hearing provisions of this subchapter relating to hearings requests but shall not use the requested alternative until the alternative is approved by the Commission.16 Tex. Admin. Code § 4.205
The provisions of this §4.205 adopted to be effective April 15, 2013, 38 TexReg 2334; Amended by Texas Register, Volume 50, Number 01, January 3, 2025, TexReg 0089, eff. 7/1/2025