Owners and operators of sources located in an area or region which
has been classified by the National Weather Service as being in a severe or
extreme drought condition under the Palmer Drought Severity Index for at least
30 days that are required to control emissions through the application or
use of water may request a temporary exemption from any commission air quality
rule, permit condition, permit representation, standard exemption condition,
or commission order. This section does not allow for an exemption from any
federal requirement.
(1) The request must be submitted in writing to the Office
of Permitting, Remediation, and Registration, Air Permits Division, and include
at a minimum the following information:
(A) the site-specific circumstances that prevent the continued
or limited use of water;
(B) the specific rule, permit condition, permit representation,
standard exemption condition, or commission order from which an exemption
is being requested; and
(C) the reasonably available alternative control measures which
will be undertaken to minimize emissions.
(2) The executive director may authorize, by written permission,
a temporary exemption of up to 120 days upon finding that:
(A) the source or facility is located in an area or region
which has been classified as severe or extreme for at least 30 days under
the Palmer Drought Severity Index;
(B) such an exemption is necessary to aid in the conservation
of the area's water resources;
(C) any additional emissions which may result from the exemption
will not cause a significant health concern in the opinion of the executive
director; and
(D) the requesting owner and operator of the source will use
reasonably available alternative control measures to minimize emissions during
this time.
(3) The executive director may specify alternative procedures
or methods for controlling emissions when an exemption is granted under this
section.
(4) The executive director may issue one 60-day extension of
an exemption authorized under this section. A commission order is required
for any exemption which would extend beyond a total of 180 days and approval
shall be based on the criteria contained in this section. The executive director
shall notify the EPA of exemptions which will be considered for extension
beyond 180 days. The executive director shall notify the EPA at least 30 days
prior to commission consideration of such an extension.
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