16 Tex. Admin. Code § 4.205
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 §§ RSA 4.238, RSA 4.254, RSA 4.270, and RSA 4.286 of this title; and the requirements related to sampling and analysis found in §§ RSA 4.221, RSA 4.222, RSA 4.223, RSA 4.242, RSA 4.243, RSA 4.258, RSA 4.259, RSA 4.274, RSA 4.275, RSA 4.290, and RSA 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. The director shall review each written request on a case-by-case basis. 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 may not use the requested alternative until the alternative is approved by the Commission.
16 Tex. Admin. Code § 4.205