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.

Source Note: The provisions of this §101.224 adopted to be effective September 12, 2002, 27 TexReg 8499