Sec. 5.758.  REGULATORY FLEXIBILITY.  (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.
(e)  The commission by rule may establish a reasonable fee for applying for an exemption under this section.
(f)  A violation of an order issued under this section is punishable as if it were a violation of the statute or rule from which the order grants an exemption.
(g)  This section does not authorize exemptions to statutes or regulations for storing, handling, processing, or disposing of low-level radioactive materials.
(h)  In implementing the program of regulatory flexibility authorized by this section, the commission shall:
(1)  promote the program to businesses in the state through all available appropriate media;
(2)  endorse alternative methods that will clearly benefit the environment and impose the least onerous restrictions on business;
(3)  fix and enforce environmental standards, allowing businesses flexibility in meeting the standards in a manner that clearly enhances environmental outcomes; and
(4)  work to achieve consistent and predictable results for the regulated community and shorter waits for permit issuance.
Added by Acts 1997, 75th Leg., ch. 1203, Sec. 1, eff. Sept. 1, 1997.  Renumbered from Sec. 5.123 and amended by Acts 2001, 77th Leg., ch. 965, Sec. 4.02, eff. Sept. 1, 2001.
Amended by: 
Acts 2011, 82nd Leg., R.S., Ch. 1021 (H.B. 2694), Sec. 4.08, eff. September 1, 2011.