SECTION 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.

Source Note: 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