Tex. Water Code Section 5.514
Order Issued Under Air Emergency

(a)

If the commission finds that a generalized condition of air pollution exists that creates an emergency requiring immediate action to protect human health or safety, the commission, with the concurrence of the governor, may issue an emergency order requiring a person causing or contributing to the air pollution to immediately reduce or discontinue the emission of air contaminants.

(b)

If the commission finds that emissions from one or more sources are causing imminent danger to human health or safety but that there is not a generalized condition of air pollution under Subsection (a), the commission may issue an emergency order requiring the persons responsible for the emissions to immediately reduce or discontinue the emissions.

(c)

Notwithstanding Section 5.504 (Hearing to Affirm, Modify, or Set Aside Order), the commission shall affirm, modify, or set aside an order issued under this section not later than 24 hours after the hearing under that section begins and without adjournment of the hearing.

(d)

This section does not limit any power that the governor or another officer may have to declare an emergency and to act on that declaration if the power is conferred by law or inheres in the office.
Added by Acts 1997, 75th Leg., ch. 1072, Sec. 1, eff. Sept. 1, 1997.

Source: Section 5.514 — Order Issued Under Air Emergency, https://statutes.­capitol.­texas.­gov/Docs/WA/htm/WA.­5.­htm#5.­514 (accessed Apr. 20, 2024).

5.001
Definitions 5.002
Scope of Chapter 5.011
Purpose of Chapter 5.012
Declaration of Policy 5.013
General Jurisdiction of Commission 5.014
Sunset Provision 5.015
Construction of Title 5.051
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Members of the Commission 5.053
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Removal of Commission Members 5.055
Officers of State 5.056
Terms of Office 5.057
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Memoranda of Understanding 5.105
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Budget Approval 5.107
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Executive Director 5.109
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Commission and Staff Responsibility Policy 5.114
Applications and Other Documents 5.115
Persons Affected in Commission Hearings 5.116
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Power to Administer Oaths 5.119
Commission to Be Knowledgeable 5.120
Conservation and Quality of Environment 5.121
Public Information 5.122
Delegation of Uncontested Matters to Executive Director 5.124
Authority to Award Grants 5.125
Cost-sharing for Environmental Compliance Assessments by Certain Businesses 5.126
Report on Enforcement Actions 5.127
Environmental Management Systems 5.128
Electronic Reporting to Commission 5.129
Summary of and Information Provided by Public Notices 5.130
Consideration of Cumulative Risks 5.132
Creation of Performance Measures for Innovative Regulatory Programs 5.133
Actions in Mexico 5.134
Use of Environmental Testing Laboratory Data and Analysis 5.135
Small Business Compliance Assistance Program 5.136
Community Outreach 5.171
Audit 5.172
Funds from Other State Agencies 5.173
Public Information Relating to Commission 5.174
Copies of Documents, Proceedings, Etc 5.175
Inspection of Water Pollution Records 5.176
Complaint File 5.177
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Biennial Reports 5.179
Seal 5.221
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Delegation of Executive Director’s Authority or Duty 5.223
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Operating Fund 5.238
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Creation and General Responsibility of the Office of Public Interest Counsel 5.272
Public Interest Counsel 5.273
Duties of the Public Interest Counsel 5.274
Staff 5.275
Appeal 5.276
Factors for Public Interest Representation 5.311
Delegation of Responsibility 5.312
Time Limit for Issuance or Denial of Permits 5.313
Hearing Examiners Referenced in Law 5.315
Discovery in Cases Using Prefiled Written Testimony 5.351
Judicial Review of Commission Acts 5.352
Remedy for Commission or Executive Director Inaction 5.353
Diligent Prosecution of Suit 5.354
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Appeal by Executive Director Precluded 5.357
Law Suits 5.401
Consolidated Permit Processing 5.402
Request for Separate Processing 5.403
Renewal Period for Consolidated Permit 5.404
Renewal of Permits 5.405
Fees 5.406
Rules 5.501
Emergency and Temporary Order or Permit 5.502
Application for Emergency or Temporary Order 5.503
Notice of Issuance 5.504
Hearing to Affirm, Modify, or Set Aside Order 5.505
Term of Order 5.506
Emergency Suspension of Permit Condition Relating To, and Emergency Authority to Make Available Water Set Aside For, Beneficial Inflows to Affected Bays and Estuaries and Instream Uses 5.507
Emergency Order for Operation of Utility that Discontinues Operation or Is Referred for Appointment of Receiver 5.509
Temporary or Emergency Order Relating to Discharge of Waste or Pollutants 5.510
Emergency Order Concerning Underground or Aboveground Storage Tanks 5.511
Emergency Administrative Order Concerning Imminent and Substantial Endangerment 5.512
Emergency Order Concerning Activity of Solid Waste Management 5.513
Emergency Order Concerning On-site Sewage Disposal System 5.514
Order Issued Under Air Emergency 5.515
Emergency Order Because of Catastrophe 5.0535
Required Training Program for Commission Members 5.551
Permitting Procedures 5.552
Notice of Intent to Obtain Permit 5.553
Preliminary Decision 5.554
Public Meeting 5.555
Response to Public Comments 5.556
Request for Reconsideration or Contested Case Hearing 5.557
Direct Referral to Contested Case Hearing 5.558
Clean Coal Project Permitting 5.581
Definition 5.582
Applicability 5.583
Electronic Publication of Notice 5.584
Verification of Notice by Newspaper 5.585
Security at Public Meeting or Public Hearing 5.586
Notice to State Senator and State Representative 5.587
Temporary and Indefinite Permit Reporting 5.601
Definitions 5.602
Recognition of National Significance of Estuaries of Texas Coast 5.603
Finding of Benefit and Public Purpose 5.604
Lead State Agency 5.605
State Agency Participation 5.606
Estuary Program Offices 5.607
Implementation Funding 5.608
Eligibility for State Funding 5.609
Administration 5.701
Fees 5.702
Payment of Fees Required When Due 5.703
Fee Adjustments 5.704
Notice of Change in Payment Procedure 5.705
Notice of Violation 5.706
Penalties and Interest on Delinquent Fees 5.707
Transferability of Appropriations and Funds Derived from Fees 5.708
Permit Fee Exemption for Certain Research Projects 5.751
Applicability 5.752
Definitions 5.753
Standards for Evaluating and Using Compliance History 5.754
Classification and Use of Compliance History 5.755
Strategically Directed Regulatory Structure 5.756
Collection and Analysis of Compliance Performance Information 5.757
Coordination of Innovative Programs 5.758
Regulatory Flexibility 5.801
Definition 5.802
Administration by Commission 5.803
Application 5.804
Issuance of Accreditation 5.805
Rules 5.806
Discipline 5.807
Environmental Testing Laboratory Accreditation Account 5.1031
Negotiated Rulemaking and Alternative Dispute Resolution 5.1035
Rules Regarding Drinking-water Standards 5.1175
Payment of Penalty by Installment 5.1191
Research Model 5.1192
Coordination of Research 5.1193
Report 5.1733
Electronic Posting of Information 5.1734
Electronic Posting of Permit Applications 5.1765
Publication of Information Regarding Complaint Procedures and Policies 5.1771
Coordination of Complaint Investigations with Local Enforcement Officials: Training 5.1772
After-hours Response to Complaints 5.1773
Complaint Assessment 5.1781
Application Requirement for Colonias Projects 5.2291
Scientific and Technical Services 5.2292
Contracts for Services Under Petroleum Storage Tank State-lead Program 5.2725
Annual Report 5.5145
Emergency Order Concerning Operation of Rock Crusher or Concrete Plant Without Permit 5.5146
Emergency Order Concerning Operation of Certain Treatment Facilities Without Permit 5.5553
Notice of Draft Permit
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Accessed:
Apr. 20, 2024

§ 5.514’s source at texas​.gov