Section 337.22 - Variances and Alternative Procedures(a) Prior to proceeding in any manner that differs from the requirements of this subchapter, a person shall secure written approval from the executive director in the form of a variance in accordance with this section.(b) The executive director may review and approve requests for variances that meet the requirements in this section. The executive director will approve such requests only if the person requesting the variance can demonstrate to the executive director that the proposed alternative procedure and/or equipment is no less protective of human health and safety and the environment than the requirement(s) for which the variance is sought.(c) Any request to the executive director for approval of a variance must be made in writing, signed and dated by the person requesting the variance, and accompanied by the following additional documentation:(1) proposed date for implementation of the alternative procedure and/or equipment;(2) sufficient documentation to describe or illustrate the alternative procedure and/or equipment, such as: (A) plans, drawings, and detail sheets (drawn to scale);(B) design and construction specifications; and(C) equipment manufacturers' specifications, operating instructions, and warranty information;(3) documentation and supporting data that demonstrate, to the satisfaction of the executive director, the reliability and appropriateness of the proposed procedure and/or equipment;(4) complete explanation of the reasons why the proposed procedure and/or equipment are considered preferable to the requirement for which the variance is sought or why that requirement is considered impracticable for the specified facility;(5) documentation that demonstrates, to the satisfaction of the executive director, that use of the proposed alternative procedure and/or equipment will be no less protective of human health and safety and the environment than adhering to the requirement(s) for which the variance is sought; and(6) if the person requesting the variance is the owner or a representative of the owner of a dry cleaning facility, the request must also include: (A) written concurrence by the location owner, if different from the dry cleaning facility owner; and(B) complete project identification, including:(i) location name, address, and location identification number (if known);(ii) location owner's name, address, and telephone number; and(iii) name, address, and telephone number of dry cleaning facility owner's/operator's authorized representative.(d) If a variance is granted by the executive director, the dry cleaning facility owner shall maintain complete copies of the variance and supporting documentation (including the request for approval).(e) When a variance is sought, the owner shall adhere to the requirement in question until such time as the owner receives a written variance that allows an alternative procedure and/or equipment for that requirement.(f) Once an owner has received a written variance from the executive director under this section, the owner shall adhere to the terms of that variance as written, or to the terms of the requirement for which the variance was sought.30 Tex. Admin. Code § 337.22
The provisions of this §337.22 adopted to be effective June 1, 2005, 30 TexReg 3108; amended to be effective February 1, 2006, 31 TexReg 548