(a) The commission may exempt a source of radiation or a kind of use or user from the application of a rule in this chapter if it determines that the exemption is not prohibited by law and will not result in a significant risk to public health and safety or the environment. Persons requesting an exemption shall submit an application to the agency using the process in Chapter 90 of this title (relating to Regulatory Flexibility), including the submittal of any fees and which includes:      
        (1) the nature of the request;       
        (2) a legal analysis to demonstrate that the exemption is not prohibited by law;       
        (3) a technical analysis to demonstrate that the exemption will not result in a significant risk to public health and safety or the environment; and       
        (4) a detailed explanation, including a demonstration as appropriate, that the proposed exemption is:                  (A) not prohibited by law, including any requirement for a federally approved or authorized program; and                   (B) at least as protective of the environment and the public health as the method or standard prescribed by the commission rule that would otherwise apply.         
      (b) A person who is subject to an order issued under Texas Health and Safety Code, §361.188 or §361.272, for sites subject to Texas Health and Safety Code, Subchapter F, Chapter 361, or an agreement entered into under Texas Health and Safety Code, §361.606, is exempt from the requirement to obtain a license or other authorization from the commission. This provision does not exempt the person from complying with technical standards under this chapter. The exemption applies only to the assessment and remediation of the contamination at the site.     
      (c) Waste, that is exempted from licensing requirements under Texas Health and Safety Code, §401.106(a), is exempted from the requirements of this chapter.     
      (d) Any material exempted from licensing requirements for disposal by the Texas Department of State Health Services under 25 TAC §289.251 and §289.259 prior to June 18, 2007 is exempted from the requirements of this chapter.     
     Source Note:        The provisions of this §336.5 adopted to be effective June 5, 1997, 22 TexReg 4588; amended to be effective September 14, 2000, 25 TexReg 8989; amended to be effective February 28, 2008, 33 TexReg 1570