Inability to comply with applicable environmental requirements.

CFR · 2024-01-01 · US · Title 10

(a) (1) The petitioner will be unable within 5 years after beginning operation, to comply with the applicable prohibitions imposed by the Act without violating applicable Federal or state environmental requirements; and (2) Reasonable alternative sites, which would permit the use of alternate fuels in compliance with applicable Federal or state environmental requirements, are not available. (b) [Reserved] (c) (1) Where the petitioner has applied for a construction permit from EPA or an appropriate state agency prior to petitioning for an exemption from OFE under this section, a copy of such application and a synopsis of all supporting documents filed with or subsequent to the application must be submitted to OFE with the petition or at the time filed with the permitting agency; (2) To the extent applicable, a copy of the EPA or state denial of the construction permit application; (3) To the extent applicable, a synopsis of the administrative record of the EPA or state or local permit proceedings; (4) To the extent applicable, a summary of the technology upon which the denial was based, including a performance comparison between the proposed technology and that technology which (5) An examination of the environmental compliance of the facility, including an analysis of its ability to meet applicable standards and criteria when using both the proposed fuel and the alternate fuel(s) which would provide the basis for the exemption. All such analysis must be based on accepted anal

official document · source cfr-2024 · id 10:§ 503.34