Acid Rain Retired Unit Exemption

Acid Rain Retired Unit Exemption

Any permanently retired utility unit (except for an "opt-in source", as defined in 40 CFR 72.2) which has timely and sufficiently supplied notice to the Department and the EPA shall be exempt from the Federal Acid Rain Program and Chapter 62-214, F.A.C., except for the requirements of this section and except for those provisions of 40 CFR 72.2 through 72.6, 72.8, 72.10 through 72.13, and 40 CFR 73, Subpart B, beginning January 1 of the first full calendar year during which the unit is permanently retired. The unit shall not emit any sulfur dioxide and nitrogen oxides beginning the date the exemption takes effect.

• "Timely and sufficient notice" is a statement meeting all of the criteria of 40 CFR 72.8(b)(2), certified as required by Rule 62-214.350, F.A.C., using this Acid Rain Retired Unit Exemption form and submitted to the Department no later than December 31 of the first calendar year for which the exemption shall be effective, except that the notice need not be provided if the unit has already received a written retired unit exemption and the unit shall be subject to the requirements of 40 CFR 72.8(d).
• Upon receipt of a timely and sufficient notice, the Department shall amend the applicable Acid Rain Part and any other affected portion of the Title V permit issued for the facility of which the unit is a part pursuant to Rule 62-210.360, F.A.C., to add the provisions and requirements of the exemption under 40 CFR 72.8(b)(1) and (d).

The retired unit exemption shall be lost and the unit shall be fully subject to Chapter 62-214, F.A.C., and the Federal Acid Rain Program in accordance with the provisions of 40 CFR 72.8(d)(6). The unit shall be subject to the monitoring requirements of 40 CFR Part 75 on the date the exemption is lost, and the designated representative must submit a completed Acid Rain Part application no later than 24 months prior to the date the exemption will be lost.

All records demonstrating that the requirements of 40 CFR 72.8(a) are met must be maintained at the facility for a period of 5 years, as specified at 40 CFR 72.8(d)(5).