- (a) This chapter applies to any statute or commission rule regarding the control or abatement of pollution, except that it does not apply to requirements for storing, handling, processing, or disposing of low-level radioactive materials.
(b) Any person subject to any statute or commission rule regarding the control or abatement of pollution may be eligible to receive a Regulatory Flexibility Order, except that:
- (1) a person who has been referred to the Texas or United States attorney general, and has incurred a judgment, is ineligible for a period of three years from the date the judgment was final;
- (2) a person who has been convicted of willfully or knowingly committing an environmental crime in this state or any other state is ineligible for a period of three years from the date of the conviction.
Source Note:The provisions of this §90.2 adopted to be effective September 20, 1998, 23 TexReg 9347.