(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 (SO             2            ) 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 SO                     2                    or an SO                     2                    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 SO                     2                    , 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 SO             2            , 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.     
     Source Note:        The provisions of this §112.16 adopted to be effective October 23, 1992, 17 TexReg 7085