Document Citation: 30 TAC § 35.805

Header:
TEXAS ADMINISTRATIVE CODE
TITLE 30. ENVIRONMENTAL QUALITY
PART 1. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
CHAPTER 35. EMERGENCY AND TEMPORARY ORDERS AND PERMITS; TEMPORARY SUSPENSION OR AMENDMENT OF PERMIT CONDITIONS
SUBCHAPTER K. AIR ORDERS

Date:
08/31/2009

Document:
30 TAC § 35.805 (2011)

§ 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.