Regulatory Text: 
Section 112.16.  Temporary Fuel Shortage Plan Operating Requirements.

(Approved by EPA 08/30/93 (58 FR 45457) at 52.2270(c)(76) effective 10/29/93.)

   (a) Following the approval of a temporary fuel shortage plan filed pursuant to Section 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 following:

       (A) Permit conditions required under Section 111 of the Federal Clean Air Act (FCAA).

       (B) The National Ambient Air Quality Standard (NAAQS) for SO2 or an SO2 increment for Prevention of Significant Deterioration (PSD) of Air Quality.

       (C) Section 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) Section 112.3 of this title (relating to Net Ground Level Concentrations).

       (B) Section 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 subsection (a) subparagraph (1)(A) of this section.

   (b) An evaluation of the plan will be made by the applicant using appropriate diffusion modeling, as approved by the U.S. Environmental Protection Agency and the Texas Natural Resource Conservation Commission Modeling Section, and following a signed modeling protocol agreement.  If the plan can not 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 Section 110(f) of the FCAA with the President of the United States.

As adopted by TACB 09/18/92 effective 10/23/92