| (a) Following the approval of a temporary fuel shortage
plan filed pursuant to §112.15 of this title (relating to Temporary
Fuel Shortage Plan Filing Requirements), the provisions of a plan
will govern the operation of the source with regard to emissions of
sulfur dioxide (SO2) during the periods
of low sulfur fuel shortages.
(1) During operation under an approved fuel shortage
plan, the source shall continue to comply with the following:
(A) permit conditions required under the Federal Clean
Air Act (FCAA), §111;
(B) the national ambient air quality standard (NAAQS)
for SO2 or an SO2 increment
for prevention of significant deterioration (PSD) of air quality;
(C) §112.17 of this title (relating to Temporary
Fuel Shortage Plan Notification Procedures).
(2) During operation under an approved fuel shortage
plan, the source will be exempt from the following:
(A) §112.3 of this title (relating to Net Ground
Level Concentrations);
(B) §112.9 of this title (relating to Allowable
Emission Rates--Combustion of Liquid Fuel);
(C) existing permit conditions regulating emissions
of SO2, except as specified in paragraph
(1)(A) of this subsection.
(b) An evaluation of the plan will be made by the applicant
using appropriate diffusion modeling, as approved by the United States
Environmental Protection Agency and the Texas Air Control Board Modeling
Section, and following a signed modeling protocol agreement. If the
plan cannot adequately demonstrate that the burning of higher sulfur
fuels will not cause or contribute to a violation of any NAAQS and/or
any PSD increment for SO2, then the person
filing the plan shall request that the governor file a petition for
relief under the FCAA, §110(f), with the president of the United
States.
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