On a case-by-case basis, the Department may grant a temporary fuel variance to any person who is unable to obtain the type of fuel required to comply with any rule, regulation, or order adopted or issued under this title.

A petition for a temporary fuel variance shall be filed with the Department in the form the Department requires. The petition shall contain: The name, address, and telephone number of the petitioner and any other person who is authorized to receive notices on behalf of the petitioner; The type and location of the operations for which the temporary fuel variance is sought; An explanation of why the petitioner is unable to obtain the necessary required fuel; and A description of: The process that is causing emissions and the quantity and nature of existing emissions; The specific variance sought, including: The starting and ending dates of the requested variance; and The type, sulphur content, and quantity of the fuel that the petitioner proposes to use; and The amount and type of: The current fuel inventory of the petitioner; and Any fuel reserves at any facility that is owned or operated by the petitioner. The petitioner shall verify the information in the petition.

If a petition for a temporary fuel variance is filed in accordance with § 2-502 of this subtitle, the Department shall schedule a public hearing on the petition to be held as soon as possible but no earlier than 10 days after publication of the notice required by this section. The petitioner shall publish a prominent notice of the hearing in a newspaper of general circulation in the county where the source for which the temporary fuel variance is sought is located. Except as otherwise provided by the Department, the notice shall contain: The name and address of the petitioner; The location and a description of the operations for which the temporary fuel variance is sought; A reference to the specific rule, regulation, or order from which the temporary fuel variance is sought; A brief statement explaining why the temporary fuel variance is sought; A statement that any person may oppose the petition at a public hearing on a specific date and at a specific time and location; and Any additional information that the Department requires. The Department may grant an emergency temporary fuel variance before the public hearing if: The petitioner shows to the Department an immediate need for the temporary fuel variance; and The Air Management Administration recommends that the Department grant the temporary fuel variance before the hearing. If the Department grants an emergency temporary fuel variance before the public hearing: The notice of the hearing shall state that an emergency temporary fuel variance has been granted and will be reviewed at the hearing; and The hearing shall be held by the Department within 30 days after the petition is filed. After the hearing and if the Air Management Administration so recommends, the Department may: If a temporary fuel variance has not been previously granted: Grant a temporary fuel variance, subject to federal requirements, for a period of not more than 120 days; or Refuse to grant a temporary fuel variance; and If an emergency temporary fuel variance has been granted previously: Terminate the emergency temporary fuel variance; or Extend the emergency temporary fuel variance, subject to federal regulations, for a period of not more than 120 days from the date the variance was first granted.

The Department may grant an extension of a temporary fuel variance for an additional period of not more than 60 days, if the petitioner gives the Department additional information that justifies the extension.

Except to the extent necessary to give effect to the temporary fuel variance, a petitioner who is granted a temporary fuel variance shall comply with any applicable law, rule, or regulation, and with any order, permit, or other temporary fuel variance previously issued or granted under this title.