1. (1) Any TR NOx Ozone Season Group 2 unit that is permanently retired shall be exempt from 40 CFR §§97.806(b) and

   1. (a) The exemption under paragraph (1) of this rule shall become effective the day on which the TR NOx Ozone Season Group 2 unit is permanently retired. Within 30 days of the unit's permanent retirement, the designated representative shall submit a statement to the Administrator. The statement shall state, in a format prescribed by the Administrator, that the unit was permanently retired on a specified date and will comply with the requirements of paragraph (2) of this rule. The designated representative shall submit a copy of the statement to the Department.

   (c)(1), rule 335-3-8-.59, and rules 335-3-8-.65 through 335-3-8-.70.

2. (2) Special provisions.

   1. (a) A unit exempt under paragraph (1) of this rule shall not emit any NOx, starting on the date that the exemption takes effect.
   2. (b) For a period of 5 years from the date the records are created, the owners and operators of a unit exempt under paragraph (1) of this rule shall retain, at the source that includes the unit, records demonstrating that the unit is permanently retired. The 5-year period for keeping records may be extended for cause, at any time before the end of the period, in writing by the Administrator. The owners and operators bear the burden of proof that the unit is permanently retired.
   3. (c) The owners and operators and, to the extent applicable, the designated representative of a unit exempt under paragraph (1) of this rule shall comply with the requirements of the TR NOx Ozone Season Group 2 Trading Program concerning all periods for which the exemption is not in effect, even if such requirements arise, or must be complied with, after the exemption takes effect.
   4. (d) A unit exempt under paragraph (1) of this rule shall lose its exemption on the first date on which the unit resumes operation. Such unit shall be treated, for purposes of applying allocation, monitoring, reporting, and recordkeeping requirements under TR NOx Ozone Season Group 2 Trading Program, as a unit that commences commercial operation on the first date on which the unit resumes operation.

Author: Ronald W. Gore

Statutory Authority: Code of Ala. 1975, §§22-28-10, 22-28-11, 22-28-14, 22-28-18, 22-28-20, 22-28-22, 22-22A-5, 22-22A-6, 22-22A-8.

History: New Rule: Filed October 20, 2015; effective November 24, 2015. Amended: Filed April 25, 2017; effective June 9, 2017.