2023 Texas Statutes › Water Code › Title 2 - Water Administration › Subtitle A - Executive Agencies › Chapter 5 - Texas Commission on Environmental Quality › Subchapter L. Emergency and Temporary Orders › Section 5.515. Emergency Order Because of Catastrophe

Sec. 5.515.  EMERGENCY ORDER BECAUSE OF CATASTROPHE.  (a)  The commission may issue an emergency order authorizing immediate action for the addition, replacement, or repair of facilities or control equipment or the repair or replacement of roads, bridges, or other infrastructure improvements necessitated by a catastrophe occurring in this state and the emission of air contaminants during the addition, replacement, or repair of those facilities, that equipment, or those improvements if the actions and emissions are otherwise precluded under Chapter 382, Health and Safety Code.
(b)  An order issued under this section:
(1)  may authorize action only:
(A)  on property on which a catastrophe has occurred;
(B)  on other property that is owned by the owner or operator of the damaged facility and that produces the same intermediates, products, or by-products; or
(C)  for a public works project needed to repair or replace a damaged road, bridge, or other infrastructure improvement destroyed during a catastrophe; and
(2)  must contain a schedule for submitting a complete application for a permit under Section 382.0518, Health and Safety Code.
(c)  The person applying for an emergency order must demonstrate that there will be no more than a de minimis increase in the predicted concentration of air contaminants at or beyond the property line of the other property on which action is authorized under Subsection (b)(1)(B).  The commission shall review and act on an application submitted as provided by Subsection (b)(2) without regard to construction activity under an order under this section.
(d)  An applicant desiring an emergency order under this section must submit an application under Section 5.502 that, in addition to complying with that section:
(1)  describes the catastrophe;
(2)  states that:
(A)  the construction and emissions are essential to prevent loss of life, serious injury, severe property damage, loss of a critical transportation thoroughfare, or severe economic loss not attributable to the applicant's actions and are necessary for the addition, replacement, or repair of a facility or control equipment or the repair or replacement of a road, bridge, or other infrastructure improvement necessitated by the catastrophe;
(B)  there is no practicable alternative to the proposed construction and emissions; and
(C)  the emissions will not cause or contribute to air pollution;
(3)  estimates the dates on which the proposed construction or emissions, or both, will begin and end;
(4)  estimates the date on which the facility, equipment, or infrastructure improvement will begin operation; and
(5)  describes the quantity and type of air contaminants proposed to be emitted.
(e)  In this section, "catastrophe" means an unforeseen event, including an act of God, an act of war, severe weather, explosions, fire, or similar occurrences beyond the reasonable control of the applicant, that makes a facility or its related appurtenances or a road, bridge, or other infrastructure improvement inoperable.
Added by Acts 1997, 75th Leg., ch. 1072, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2005, 79th Leg., Ch. 158 (H.B. 2949), Sec. 1, eff. September 1, 2005.