State or local requirements.

CFR · 2024-01-01 · US · Title 10

(a) (1) With respect to the proposed site of the unit, the operation or construction of the new unit using an alternate fuel is infeasible because of a State of local requirement other than a building code, nuisance, or zoning law; (2) The petitioner has made a good faith effort to obtain a variance from the State or local requirement but has been unable to do so or has demonstrated why none is available; (3) The granting of the exemption would be in the public interest and would be consistent with the purposes of the Act; (4) The petitioner is not entitled to an exemption for lack of alternate fuel supply, site limitation, environmental requirements, or inability to obtain adequate capital at the site of the proposed powerplant or at any reasonable alternative site for the alternate fuel(s) considered; (5) At the proposed site and every reasonable alternative site where the petitioner is not entitled to an exemption for lack of alternate fuel supply, site limitation, environmental requirements, or inability to obtain adequate capital, the petitioner nevertheless would be barred at each such proposed or alternate site from burning an alternate fuel by reason of a State or local requirement; (6) No alternate power supply exists, as required under § 503.8 of these regulations; and (7) Use of mixtures is not feasible, as required under § 503.9 of these regulations. (b) (1) Duly executed certifications required under paragraph (a) of this section; (2) Exhibits containing the basi

official document · source cfr-2024 · id 10:§ 503.36