This subchapter does not apply to:
(1) facilities regulated by the Railroad Commission
of Texas under the Natural Resources Code, §91.101 or §141.012;
(2) owners and operators of facilities listed in §335.473
of this title (relating to Applicability) who may apply on a case-by-case
basis to the executive director for an exemption from this subchapter.
The executive director may grant an exemption if the applicant demonstrates
that sufficient reductions have been achieved. If an exemption is
granted, it is valid only for the following year, but can be renewed,
on an annual basis, by filing a new application. The executive director's
decision will be based upon the following standards and criteria for
determining practical economic and technical completion of the plan:
(A) the facility has reduced the amount of pollutants
and contaminants being generated or released by 90% since the base
year;
(B) potential impact on human health and the environment
of any remaining hazardous waste generated, or pollutant or contaminant
released; and
(C) a demonstration that additional reductions are
not economically and technically feasible.
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Source Note: The provisions of this §335.477 adopted to be effective January 3, 1992, 16 TexReg 7532; amended to be effective November 15, 2001, 26 TexReg 9135; amended to be effective January 30, 2003, 28 TexReg 735; amended to be effective February 3, 2022, 47 TexReg 318 |