The owner or operator of a facility, as that term is defined in Texas Health and Safety Code, §382.003, desiring to obtain an order under this subchapter shall submit an application in accordance with §35.24 of this title (relating to Application for Emergency or Temporary Order). The application must contain the information required by that section and the following:

1. (1) a statement that the proposed construction and emissions are essential to prevent loss of life, serious injury, severe property damage, 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 necessitated by a catastrophe;
2. (2) a description of the catastrophe;
3. (3) a statement that there are no practicable alternatives to the proposed construction and emissions;
4. (4) a statement that the emissions will not cause or contribute to a condition of air pollution;
5. (5) a statement that the proposed construction and emissions will occur only at the property where the catastrophe occurred or on other property owned by the owner or operator of the damaged facility, which produces the same intermediates, products, or by-products, providing that no more than a de minimis increase will occur in the predicted concentration of the air contaminants at or beyond the property line at such other property;
6. (6) a description of the proposed construction and the type and quantity of air contaminants to be emitted;
7. (7) an estimate of the dates on which the proposed construction and emissions will begin and end;
8. (8) an estimate of the date on which the facility will begin operation;
9. (9) a statement 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
10. (10) any other information or item the executive director may require to support or explain the need for, or to expedite the issuance of, an emergency order; including information regarding the applicability of and compliance with any federal requirements for new or modified sources.

Source Note:The provisions of this §35.802 adopted to be effective December 10, 1998, 23 TexReg 12413.