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:

   1. (a) Specify the first calendar year and the last calendar year for which the approved conditional compliance option is to be active; and
   2. (b) Certify that the source has obtained all necessary EPA approvals of the technology pursuant to Subpart D of 40 C.F.R. Parts 72, 74, and 76, each adopted and incorporated by reference at Rule 62-204.800, F.A.C.

2. (2) Termination of Approved Conditional Compliance Options. The 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. The notice of termination shall:

   1. (a) Specify the calendar year for which the approved conditional compliance option is to be terminated; and,
   2. (b) Certify that the source has obtained any necessary EPA approvals of the termination pursuant to Subpart D of 40 C.F.R. Parts 72, 74, and 76, each adopted and incorporated by reference at Rule 62-204.800, F.A.C.
3. (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.
4. (4) Upon receipt of a notice described at subsection 62-214.430(1) or 62-214.430(2), F.A.C., the Department shall correct the source’s permit pursuant to Rule 62-210.360, and subsection 62-214.370(6), F.A.C.

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, 3-16-08.