SECTION 118.2. Provisions Governing Generalized Episode Control

(a) Whenever the commission determines that a Level 1 air pollution episode exists, the commission shall issue an order, with the concurrence of the governor, declaring a Level 1 air pollution episode. A Level 1 episode may be declared for one or more air contaminants and may apply to any geographical area affected by the generalized condition of air pollution. Any person responsible for the operation of an emission source of a specified air contaminant in the designated area shall take the following actions:

(1) determine the existing emission levels for all specified contaminants involved in the episode;

(2) immediately implement all reasonably available methods to reduce the emission of the specified contaminant(s); and

(3) prepare to curtail operation of all affected emission sources in anticipation that a Level 2 episode will be declared.

(b) Whenever the commission determines that Level 2 concentrations may be reached unless emergency curtailment of source emissions is initiated, the commission shall issue an order, with the concurrence of the governor, declaring a Level 2 air pollution episode. A Level 2 episode may be declared for one or more air contaminants and may apply to any geographical area affected by the generalized condition of air pollution. If a Level 2 episode is declared, the commission shall identify the primary sources of the specified contaminants and shall order those sources to curtail or cease operations. The notice and hearing requirements of §118.4 of this title (relating to Hearings) shall apply.

Source Note: The provisions of this §118.2 adopted to be effective January 1, 1976; amended to be effective August 25, 1987, 12 TexReg 2639; amended to be effective March 5, 2000, 25 TexReg 1710