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 CFR 72.7(a)(1) through
(3); which has not previously lost a new unit
exemption; which is not allocated any allowances pursuant to 40 CFR 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
CFR 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 CFR 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 CFR
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 CFR 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 CFR 72.7(a), (b), (d), and
(f).
3. Compliance with the requirements of
40 CFR
72.7(a)(3) shall be
determined as specified by
40 CFR
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 CFR
72.7(f)(4). 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 60 days after the unit has lost the
exemption.
(c) A unit otherwise
meeting the criteria of
40 CFR 72.7(a)(1) through
(3), but which has been allocated allowances
under 40 CFR 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 CFR
72.7(c). For such units,
timely and sufficient notice shall include all information required by
40 CFR
72.7(c)(1)(i). The exemption
shall be effective January 1 of the first full calendar year for which all
requirements of
40 CFR 72.7(a) and
(c)(1) are met, including notification from
EPA of the allowances surrender, as described at
40 CFR
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 CFR
72.7(a) are met must be
maintained at the facility for a period of 5 years, as specified at
40 CFR
72.7(f)(3).
(2) Retired Units Exemption.
(a) 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.
1. For purposes of this section,
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 DEP Form No. 62-210.900(1)(d) 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).
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 CFR 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 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.
(c) 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).
Notes
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