(a) We grant a waiver or variance for a specific amount of time. The waiver or variance will include its expiration date.
(b) We may issue a waiver or variance for up to three years. If you need a waiver or variance for a time period that exceeds three years, you will have to submit a new request as explained in subsection (c) of this section.
(c) If you will still need a waiver or variance after the waiver or variance expires, you must submit a new request to us according to §745.8305 of this subchapter (relating to How do I request a waiver or variance?):
  (1) At least 35 days prior to the expiration; or
  (2) As soon as possible, if the expiration date of the waiver or variance is less than 35 days from the date we granted it.
(d) When your waiver or variance expires, you must comply with the minimum standard, even if a new request related to that standard is pending our review.

Source Note: The provisions of this §745.8309 adopted to be effective October 16, 2023, 48 TexReg 5739