62-214.430. Implementation and Termination of Compliance Options


Effective on Sunday, March 16, 2008
  • 1(1) Activation. The designated representative shall not activate an approved conditional compliance option except by providing notice to the Department that the option will actually be pursued beginning January 1 of a specified year. An approved conditional compliance option must be activated, if at all, before the date of any enforceable milestone applicable to the option. The option becomes binding on the owners and operators of any unit governed by the option at the time the designated representative submits the notice. The notice shall:

    85(a) Specify the first calendar year and the last calendar year for which the approved conditional compliance option is to be active; 107and

    108(b) Certify that the source has obtained all necessary EPA approvals of the technology pursuant to Subpart D of 12740 C.F.R. Parts 72, 13174, 132and 76, each adopted and incorporated by refer140ence at Rule 14362-204.800, 144F.A.C.

    145(2) Termination 147of Approved Conditional Compliance Options152. 153The designated representative shall not terminate an approved conditional compliance option after activation except by providing notice to the Department that the termination will occur on January 1 of a specified year. The termination becomes binding on the owners and operators and the designated representative of any unit governed by the option at the time the designated representative submits the notice. 214The notice of termination shall:

    219(220a221) 222Specify the calendar year for which the approved conditional compliance option is to be terminated; 237and

    238(239b240) 241Certify that the source has obtained any necessary EPA approvals of the termination pursuant to Subpart D of 25940 C.F.R. Parts 72, 26374, 264and 76, each adopted and incorporated by refer272ence at Rule 27562-204.800, 276F.A.C.

    277(3) The date of activation of the compliance option shall not be a defense against failure to meet the requirements applicable to that compliance option during each calendar year for which the compliance option is activated.

    313(4) Upon receipt of 317a 318notice described at 321subsection 32262-214.430(1) 323or 324sub325section 32662-214.430(2), 327F.A.C., the Department shall correct the source’s permit pursuant to Rule 33862-210.360 339and subsection 34162-214.370342(3436344), F.A.C.

    346Specific Authority 348403.061, 349403.087, 350403.0872 FS. 352Law Implemented 354403.031, 355403.061, 356403.0872 FS. 358History–New 1-3-95, Amended 7-6-95, 13632-10-97, 1-3-01, 3-16-08.

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