8 CAR § 40-1002. Fuel curtailment

Any person responsible for the operation of any equipment operating in compliance with the provisions of this part but which can reasonably anticipate periods of noncompliance due to change of fuels, or lack thereof, shall file with the Division of Environmental Quality, for its approval prior to April 30, 1972, and on such forms and containing such information as the division may reasonably require, an application which demonstrates to the division’s satisfaction: (1) The nature and frequency of such anticipated periods of noncompliance; (2) That such alterations in fuel supply are beyond the control of said: (A) Person; (B) Firm; or (C) Corporation; (3) That said person, firm, or corporation has incorporated or will incorporate all reasonable steps to minimize: (A) The frequency of such periods of noncompliance; and (B) The degree of noncompliance during such periods; and (4)(A) That such person, firm, or corporation has taken or will take such measures as may be necessary to ensure full or substantial compliance with all provisions of this part during periods of episodic air pollution. (B) Such required measures may include but need not be limited to the maintenance of an emergency fuel supply and/or provisions for shutdown or curtailment of production.