Texas Water Code
§ 5.758 — REGULATORY FLEXIBILITY
WA § 5.758Title 2. WATER ADMINISTRATION · Part A. EXECUTIVE AGENCIES · Ch. 5. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY · Art. Q. PERFORMANCE-BASED REGULATION
Statute text
View on source(a)The commission by order may exempt an applicant from a requirement of a statute or commission rule regarding the control or abatement of pollution if the applicant proposes to control or abate pollution by an alternative method or by applying an alternative standard that is:
(1)as protective of the environment and the public health as the method or standard prescribed by the statute or commission rule that would otherwise apply; and
(2)not inconsistent with federal law.
(b)The commission may not exempt an applicant under this section unless the applicant can present to the commission evidence that the alternative the applicant proposes is as protective of the environment and the public health as the method or standard prescribed by the statute or commission rule that would otherwise apply.
(c)The commission by rule shall specify the procedure for obtaining an exemption under this section. The rules must provide for public notice and for public participation in a proceeding involving an application for an exemption under this section.
(d)The commission's order must provide a description of the alternative method or standard and condition the exemption on compliance with the method or standard as the order prescribes.
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Legislative history
Acts 2011, 82nd Leg., R.S., Ch. 1021 (H.B. 2694), Sec. 4.08, eff. September 1, 2011.