Section 332.5 - Variances(a) In specific cases the executive director may approve a variance from the requirements of this chapter if the variance is not contrary to the public health and safety and, due to special conditions, a literal enforcement of this chapter would result in unnecessary hardship, and so that the spirit of the chapter is observed. A variance may not be approved concerning the procedural requirements of this chapter, including application procedures and the filing of reports, or concerning the provisions of § 332.8 of this title (relating to Air Quality Requirements).(b) A request for a variance must be submitted in writing to the executive director. The request may be made in an application for a registration or permit. Any approval of a variance must be in writing from the executive director.(c) If the variance is requested for a facility permitted under this chapter, the commission must approve the variance.30 Tex. Admin. Code § 332.5
The provisions of this §332.5 adopted to be effective November 29, 1995, 20 TexReg 9717.