| (a) Any person may file with the Texas Air Control Board (TACB) a temporary fuel shortage control plan if unable to comply with §112.3 of this title (relating to Net Ground Level Concentration), §112.9 of this title (relating to Allowable Emission Rates--Combustion of Liquid Fuel), or with any permit requirements, other than those required under the Federal Clean Air Act, §111, which limit sulfur dioxide emissions from any combustion unit solely because of the nonavailability of low sulfur fuels. The plan shall include all of the following: (1) evidence of the nonavailability of low sulfur fuels, including, but not limited to, statements from fuel suppliers which address the availability and prices of lower sulfur fuels and the expected duration of any period of nonavailability of particular fuels. The person filing the plan must annually request and receive an extension from the executive director or the plan will automatically expire
one year after receipt of the plan by TACB; (2) a statement that all emissions inventory data required by TACB are complete, accurate, and on file with TACB; (3) data for each source within the entire plant that uses the higher sulfur fuel. The data shall include the type, quantity, and sulfur content of all the fuels to be burned, excess air to be used, and the associated sulfur abatement procedure to be used, if any; (4) any other information as specified by the executive director. The executive director may require more frequent and extensive monitoring for persons affected by this section than would normally be required for persons affected by §112.3 of this title (relating to Net Ground Level Concentration) and §112.9 of this title (relating to Allowable Emission Rates--Combustion of Liquid Fuel). (b) The executive director may make an independent determination of a need to operate under the
temporary fuel shortage control plan based on the evidence of the nonavailability of low sulfur fuel. This determination/approval shall be effective on the date specified in the executive director's written notification of such determination. (c) The requirements of this section and §§112.16, 112.17, and 112.18 of this title (relating to Temporary Fuel Shortage Plan Operating Requirements; Temporary Fuel Shortage Plan Notification Procedures; and Temporary Fuel Shortage Plan Reporting Requirements) shall also apply to shortages of low sulfur fuel oils where those oils are used as raw material in the production of a saleable product.
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