1. (1) New Units Exemption.

   1. (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).

   2. (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.
   3. (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.
   4. (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. (2) Retired Units Exemption.

   1. (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).

   2. (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.
   3. (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).

Rulemaking Authority 403.061, 403.087, 403.0872 FS. Law Implemented 403.031, 403.061, 403.0872 FS. History–New 1-3-95, Amended 7-6-95, 12-10-97, 1-3-01, 6-2-02, 3-16-08.