§503.10. Use of fluidized bed combustion not feasible—general requirement for permanent exemptions.
10 C.F.R. § 503.10
OFE finding. Except in the case of an exemption for fuel mixtures, OFE may deny permanent exemptions authorized under section 212 of the Act if OFE finds on a site-specific or generic basis that use of a method of fluidized bed combustion of an alternate fuel is economically and technically feasible.
Demonstration. If OFE has made such a finding, OFE will deny a petitioner's request for exemption unless the petitioner demonstrated that the use of a method of fluidized bed combustion is not economically or technically feasible. The petition or any supplement thereto required by OFE must include the following evidence:
If use of a method of fluidized bed combustion were to be required, evidence that the petitioner would be eligible for a permanent exemption for lack of alternate fuel supply, site limitations, environmental requirements, lack of adequate capital, or State or local requirements; or
Use of a method of fluidized bed combustion is not technically or economically feasible due to design or special circumstances.
Notes, amendments, and revision history
Amendments
[46 FR 59903, Dec. 7, 1981, as amended at 54 FR 52894, Dec. 22, 1989]
Authority
Authority: Department of Energy Organization Act, Pub. L. 95-91, 91 Stat. 565 (42 U.S.C. § 7101 et seq. ); Powerplant and Industrial Fuel Use Act of 1978, Pub. L. 95-620, 92 Stat. 3289 (42 U.S.C. 8301 et seq. ); Energy Security Act, Pub. L. 96-294, 94 Stat. 611 (42 U.S.C. 8701 et seq. ); E.O. 1209, 42 FR 46267, September 15, 1977.
Source
Source: 46 FR 59903, Dec. 7, 1981, unless otherwise noted.
Amendments
[46 FR 59903, Dec. 7, 1981, as amended at 54 FR 52894, Dec. 22, 1989]