30 Tex. Admin. Code § 35.805 - Contents of an Emergency Order

In addition to the requirements of § 35.26 of this title (relating to Contents of Emergency or Temporary Order), an emergency order issued under this subchapter shall contain at least the following:

(1) a description of the emergency construction and emissions to be authorized;

(2) reasonable time limits for the beginning and the completion of the proposed construction and emissions;

(3) authorization for action only:

(A) on the property where the catastrophe occurred;

(B) on other property owned by the owner or operator of the damaged facility, which produces the same intermediates, products, or by-products, provided that no more than a de minimus increase will occur in the predicted concentration of the air contaminants at or beyond the property line at such other property; or

(C) for public works projects needed to rebuild or repair damaged roads, bridges, or other infrastructure destroyed during a catastrophe;

(4) the requirement that any construction or modification will not interfere with the attainment or maintenance of national ambient air quality standards or violate applicable portions of the control strategy; and

(5) a schedule for submission of a complete construction permit application under provisions of Texas Clean Air Act, Chapter 382.

Notes

30 Tex. Admin. Code § 35.805

The provisions of this §35.805 adopted to be effective December 10, 1998, 23 TexReg 12413; amended to be effective July 20, 2006, 31 TexReg 5642