Section 35.804 - Issuance of OrderThe commission or executive director may issue an order under this subchapter if it is found that:
(1) the proposed 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 facilities or control equipment, or repair or replacement of roads, bridges, or other infrastructure, that is necessitated by a catastrophe;(2) there are no practicable alternatives to the proposed construction and emissions;(3) the emissions will not cause or contribute to a condition of air pollution;(4) 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;(5) the proposed construction or emissions will occur only:(A) on 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;(6) the time limits in the order for the beginning and completion of the proposed construction and emissions are reasonable; and(7) the schedule in the order for submission of a complete permit application is reasonable.30 Tex. Admin. Code § 35.804
The provisions of this §35.804 adopted to be effective December 10, 1998, 23 TexReg 12413; amended to be effective July 20, 2006, 31 TexReg 5642