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.
