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Florida Administrative Code (Last Updated: June 27, 2024) |
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62. Department of Environmental Protection |
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D62. Departmental |
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62-214. Requirements For Sources Subject To The Federal Acid Rain Program |
1(1) New Units Exemption.
5(a) Any new utility unit that meets all the criteria of 1640 CFR 72.7(a)(1) 19through (3); which has not previously lost a new unit exemption; which is not allocated any allowances pursuant to 3840 CFR Part 73, 42Subpart 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 8240 CFR 72.2 85through 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 10940 CFR 72.7(a)(1) 112through (3) and paragraph 11662-214.340(1)(a), 117F.A.C.
1181. For purposes of this section, timely and sufficient notice is a statement meeting all of the criteria of 13740 CFR 72.7(b)(2), 140certified as required by Rule 14562-214.350, 146F.A.C., using DEP Form No. 15162-210.900(1)(a)2. 152and 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 20340 CFR 72.7(a), 206(d), (e)(2), and (f).
2102. 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 25262-210.360, 253F.A.C., to add the provisions and requirements of the exemption under 26440 CFR 72.7(a), 267(b), (d), and (f).
2713. Compliance with the requirements of 27740 CFR 72.7(a)(3) 280shall be determined as specified by 28640 CFR 72.7(d).
289(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 32040 CFR 72.7(f)(4). 323The unit shall be subject to the monitoring requirements of 33340 CFR Part 75 337on 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.
368(c) A unit otherwise meeting the criteria of 37640 CFR 72.7(a)(1) 379through (3), but which has been allocated allowances under 38840 CFR Part 73, 392Subpart B, may qualify for the new unit exemption if it is in compliance with all other requirements of paragraph 41262-214.340(1)(a), 413F.A.C., and the allowances are surrendered as provided at 42240 CFR 72.7(c). 425For such units, timely and sufficient notice shall include all information required by 43840 CFR 72.7(c)(1)(i). 441The exemption shall be effective January 1 of the first full calendar year for which all requirements of 45940 CFR 72.7(a) 462and (c)(1) are met, including notification from EPA of the allowances surrender, as described at 47740 CFR 72.7(c)(1)(i)(D). 480Following 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 51862-214.340(1)(a)2., 519F.A.C. The provisions of subparagraphs 52462-214.340(1)(a)3. 525and (b), F.A.C., shall apply to the unit.
533(d) All records demonstrating that the requirements of 54140 CFR 72.7(a) 544are met must be maintained at the facility for a period of 5 years, as specified at 56140 CFR 72.7(f)(3).
564(2) Retired Units Exemption.
568(a) Any permanently retired utility unit (except for an opt-in source, as defined in 58240 CFR 72.2585) 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 62540 CFR 72.2 628through 72.6, 72.8, 72.10 through 72.13, and 63540 CFR 73, 638Subpart 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.
6741. For purposes of this section, timely and sufficient notice is a statement meeting all of the criteria of 69340 CFR 72.8(b)(2), 696certified as required by Rule 70162-214.350, 702F.A.C., using DEP Form No. 70762-210.900(1)(c) 708and 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 75940 CFR 72.8(d).
7622. 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 80462-210.360, 805F.A.C., to add the provisions and requirements of the exemption under 81640 CFR 72.8(b)(1) 819and (d).
821(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 85240 CFR 72.8(d)(6). 855The unit shall be subject to the monitoring requirements of 86540 CFR Part 75 869on 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.
902(c) All records demonstrating that the requirements of 91040 CFR 72.8(a) 913are met must be maintained at the facility for a period of 5 years, as specified at 93040 CFR 72.8(d)(5).
933Rulemaking Authority 935403.061, 936403.087, 937403.0872 FS. 939Law Implemented 941403.031, 942403.061, 943403.0872 FS. 945History–New 1-3-95, Amended 7-6-95, 12-10-97, 1-3-01, 6-2-02, 3-16-08.
