Fla. Admin. Code Ann. R. 62-214.340 - Exemptions
(1) New Units Exemption.
(a) Any new utility unit that meets all the
criteria of 40 C.F.R.
72.7(a)(1) through (3);
which has not previously lost a new unit exemption; which is not allocated any
allowances pursuant to 40 C.F.R. Part 73, Subpart B; and 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 those provisions of
40 C.F.R.
72.2 through
72.7 and
72.10 through
72.13, beginning January 1 of the
first full calendar year for which the unit meets all the criteria of
40 C.F.R.
72.7(a)(1) through (3) and
paragraph 62-214.340(1)(a),
F.A.C.
1. For purposes of this section, timely
and sufficient notice is a statement meeting all of the criteria of
40 C.F.R.
72.7(b)(2), certified as
required by Rule 62-214.350, F.A.C., using DEP
Form No. 62-210.900(1)(a)
2. 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 new unit
exemption and the unit shall be subject to the requirements of
40 C.F.R.
72.7(a), (d), (e)(2), and
(f).
2. 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 C.F.R.
72.7(a), (b), (d), and
(f).
3. Compliance with the requirements of
40 C.F.R.
72.7(a)(3) shall be
determined as specified by 40 C.F.R.
72.7(d).
(b) The new 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 C.F.R.
72.7(f)(4). The unit shall
be subject to the monitoring requirements of 40 C.F.R. Part 75 on the date the
exemption is lost, and the designated representative must submit a completed
Acid Rain Part application no later than 60 days after the unit has lost the
exemption.
(c) A unit otherwise
meeting the criteria of 40
C.F.R. 72.7(a)(1) through
(3), but which has been allocated allowances
under 40 C.F.R. Part 73, Subpart B, may qualify for the new unit exemption if
it is in compliance with all other requirements of paragraph
62-214.340(1)(a),
F.A.C., and the allowances are surrendered as provided at
40 C.F.R.
72.7(c). For such units,
timely and sufficient notice shall include all information required by
40 C.F.R.
72.7(c)(1)(i). The exemption
shall be effective January 1 of the first full calendar year for which all
requirements of 40 C.F.R.
72.7(a) and (c)(1) are met,
including notification from EPA of the allowances surrender, as described at
40 C.F.R.
72.7(c)(1)(i)(D). Following
receipt of such notification, the Department shall amend the Acid Rain Part and
any other affected portion of the Title V permit issued for the facility of
which the unit is a part in accordance with subparagraph
62-214.340(1)(a)
2., F.A.C. The provisions of subparagraphs
62-214.340(1)(a)
3. and (b), F.A.C., shall apply to the unit.
(d) All records demonstrating that the
requirements of 40 C.F.R.
72.7(a) are met must be
maintained at the facility for a period of 5 years, as specified at
40 C.F.R.
72.7(f)(3).
(2) Retired Units Exemption.
(a) Any permanently retired utility unit
(except for an opt-in source, as defined in
40 C.F.R.
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 C.F.R.
72.2 through
72.6,
72.8,
72.10 through
72.13, and 40 C.F.R. 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.
1. For purposes of this section, timely and
sufficient notice is a statement meeting all of the criteria of
40 C.F.R.
72.8(b)(2), certified as
required by Rule 62-214.350, F.A.C., using DEP
Form No. 62-210.900(1)(c)
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 C.F.R.
72.8(d).
2. 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 C.F.R.
72.8(b)(1) and
(d).
(b) 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 C.F.R.
72.8(d)(6). The unit shall
be subject to the monitoring requirements of 40 C.F.R. 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.
(c) All
records demonstrating that the requirements of
40 C.F.R.
72.8(a) are met must be
maintained at the facility for a period of 5 years, as specified at
40 C.F.R.
72.8(d)(5).
Notes
Rulemaking Authority 403.061, 403.087, 403.0872 FS. Law Implemented 403.031, 403.061, 403.0872 FS.
New 1-3-95, Amended 7-6-95, 12-10-97, 1-3-01, 6-2-02, 3-16-08.
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