7610-19 New Unit Exemption

United States
Environmental Protection Agency
Acid Rain Program OMB No. 2060-0258

New Unit Exemption
For more information, see instructions and refer to 40 CFR 72.7
This submission is:

~

New

~

Revised

STEP 1
Identify the new unit by
plant name, State, Plant
Code (ORISPL) and unit ID#.
Plant Name

State

Plant Code

Unit ID#
TOTAL

STEP 2
List the generator ID numbers
and, to one decimal place, the
nameplate capacity of each
generator served by the unit.
Then total nameplate capacity
and enter the result.

STEP 3
List all fuels currently
burned or expected to be burned,
by the unit and the percent sulfur
content by
weight of each.

STEP 4
Identify the first full calendar
year in which the unit meets
(or will meet) the requirements
of 40 CFR 72.7(a).

GEN ID #

GEN ID #

GEN ID #

GEN ID #

GEN ID #

MWe

MWe

MWe

MWe

MWe

Fuel (current)

Sulfur Content (current)

Fuel (expected)

MWe
Sulfur Content (expected)

%

%

%

%

%

%

January 1, ______________.

Special Provisions
STEP 5
Read the special provisions.

EPA Form 7610-19 (rev. 09-2008)

(1) The owners and operators and, to the extent applicable, the designated representative of a unit exempt
under 40 CFR 72.7 shall (i) comply with the requirements of 40 CFR 72.7(a) for all periods for which the unit
is exempt under 40 CFR 72.7 and (ii) comply with the requirements of the Acid Rain 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.
(2) For any period for which a unit is exempt under 40 CFR 72.7, the unit is not an affected unit under the
Acid Rain Program and 40 CFR parts 70 and 71 and is not eligible to be an opt-in source under 40 CFR
part 74. As an unaffected unit, the unit shall continue to be subject to any other applicable requirements
under 40 CFR parts 70 and 71.
(3) For a period of 5 years from the date the records are created, the owners and operators of a unit exempt
under 40 CFR 72.7 shall retain at the source that includes the unit records demonstrating that the
requirements of 40 CFR 72.7(a) are met. The 5-year period for keeping records may be extended for cause,
at any time prior to the end of the period, in writing by the Administrator or the permitting authority. Such
records shall include, for each delivery of fuel to the unit or for fuel delivered to the unit continuously by
pipeline, the type of fuel, the sulfur content, and the sulfur content of each sample taken. The owners and
operators bear the burden of proof that the requirements of paragraph 40 CFR 72.7(a) are met.
(4) On the earliest of the following dates, a unit exempt under 40 CFR 72.7(b), (c), or (e) shall lose its
exemption and become an affected unit under the Acid Rain Program and 40 CFR parts 70 and 71: (i) the
date on which the unit first serves one or more generators with total nameplate capacity in excess of 25
MWe; (ii) the date on which the unit burns any coal or coal-derived fuel except for coal-derived gaseous fuel
with a total sulfur content no greater than natural gas; or (iii) January 1 of the year following the year in
which the annual average sulfur content for gaseous fuel burned at the unit exceeds 0.05 percent by weight
(as determined under 40 CFR 72.7(d)) or for nongaseous fuel burned at the unit exceeds 0.05 percent by
weight (as determined under 40 CFR 72.7(d)). Notwithstanding 40 CFR 72.30(b) and (c), the designated
representative for a unit that loses its exemption under 40 CFR 72.7 shall submit a complete Acid Rain
permit application on the later of January 1, 1998 or 60 days after the first date on which the unit is no
longer exempt. For the purpose of applying monitoring requirements under 40 CFR part 75, a unit that
loses its exemption under 40 CFR 72.7 shall be treated as a new unit that commenced commercial
operation on the first date on which the unit is no longer exempt.

New Unit Exemption
Page 2

Plant Name (from Step 1)

Certification (for designated representatives only)
STEP 6
Read the appropriate
certification and sign
and date.

I am authorized to make this submission on behalf of the owners and operators of the affected source
or affected units for which the submission is made. I certify under penalty of law that I have
personally examined, and am familiar with, the statements and information submitted in this
document and all its attachments. Based on my inquiry of those individuals with primary
responsibility for obtaining the information, I certify that the statements and information are to the best
of my knowledge and belief true, accurate, and complete. I am aware that there are significant
penalties for submitting false statements and information or omitting required statements and
information, including the possibility of fine or imprisonment.

Name

Signature

Date

Certification (for certifying officials only)
I certify under penalty of law that I have personally examined, and am familiar with, the statements
and information submitted in this document and all its attachments. Based on my inquiry of those
individuals with primary responsibility for obtaining the information, I certify that the statements and
information are to the best of my knowledge and belief true, accurate, and complete. I am aware that
there are significant penalties for submitting false statements and information or omitting required
statements and information, including the possibility of fine or imprisonment.

Name

Title

Company Owner Name

Phone

Email Address

Signature

Date

Certification (for additional certifying officials, if applicable)
I certify under penalty of law that I have personally examined, and am familiar with, the statements
and information submitted in this document and all its attachments. Based on my inquiry of those
individuals with primary responsibility for obtaining the information, I certify that the statements and
information are to the best of my knowledge and belief true, accurate, and complete. I am aware that
there are significant penalties for submitting false statements and information or omitting required
statements and information, including the possibility of fine or imprisonment.

Name

Title

Company Owner Name

EPA Form 7610-19 (rev. 09-2008)

Phone

Email Address

Signature

Date

Acid Rain Program
Instructions for
New Unit Exemption Notice (40 CFR 72.7)
The Acid Rain Program regulations provide that any new, affected utility unit that serves
generators with total nameplate capacity not greater than 25 MWe and where fuel burned
each year has an annual average sulfur content of 0.05 percent or less is exempted from the
requirements to obtain an Acid Rain permit, monitor emissions, and hold allowances. The
designated representative or certifying official(s) of such a unit must submit the New Unit
Exemption notice. The provisions governing the new unit exemption are found at 40 CFR
72.7.

Please type or print. If you have questions regarding the exemption notice contact your local, State, or EPA Regional Acid
Rain contact, or contact Robert Miller, U.S. EPA Clean Air Markets Division, at [email protected] or (202) 343-9077, or
call EPA's Acid Rain Hotline at (202) 343-9620.

STEP 1 Use the plant name and plant code (ORISPL) listed on the Certificate of Representation (if any) for the affected unit.
A plant code is a 4 or 5 digit number assigned by the Energy Information Agency (EIA) of the U.S. Department of Energy to
power plants. If a plant code has not been assigned to the facility in question, put "NA" in the "Plant Code" box.
Identify the new unit by providing the appropriate unit identification number, consistent with the unit identification number
entered for the Certificate of Representation (if any) and with unit identification numbers used in reporting to EIA and/or DOE.
For new units without identification numbers, owners and operators may assign such numbers consistent with EIA and DOE
requirements.

STEP 2 Identify the generators served by the unit by providing the appropriate generator identification numbers, consistent
with the generator identification numbers entered for the Certificate of Representation (if any) and with the generator
identification numbers used in reporting to EIA and/or DOE. For generators without identification numbers, owners and
operators may assign such numbers consistent with EIA and DOE requirements.
Nameplate capacity is defined at 40 CFR 72.2 as the maximum electrical generating output (in MWe) that a generator can
sustain over a specified period of time when not restricted by seasonal or other deratings, as listed in NADB (the National
Allowance Data Base for the Acid Rain Program) or, if not in NADB, as measured in accordance with the U.S. Department of
Energy standards. To qualify for the exemption from the requirements of the Acid Rain Program, the total nameplate capacity
entered at Step 2 must be 25 MWe or less.

STEP 3 To qualify for and maintain exempt status, the fuels consumed at the unit must have an annual average sulfur
content of 0.05 percent or less by weight for each year for which the exemption is to be in effect, as determined using the test
methods specified in 40 CFR 72.7(d). This requirement is applied separately for gaseous and non-gaseous fuels. If the unit's
only current or expected gaseous fuel is natural gas, enter "# 0.05%" in the appropriate "Sulfur Content" portion of the form for
the natural gas. If other gaseous fuels in addition to natural gas are or are expected to be consumed at the unit, the actual
sulfur content of the natural gas and the other gaseous fuels must be entered. The unit cannot burn coal or coal-derived fuel
(except gaseous fuel with total sulfur content no greater than natural gas).

STEP 4 Enter the first full calendar year in which the unit meets the requirements of 40 CFR 72.7(a) (described generally in
STEP 3 of these instructions) and, if the unit is allocated allowances, the allowance and proceeds surrender requirements of
40 CFR 72.7(c).

STEP 6 If the source where the unit is located has units that are subject to the Acid Rain Program, the unit for which the
exemption is being submitted must be included on the Certificate of Representation for the source, which must be received by
U.S. EPA before the exemption notice is submitted. The designated representative or alternate designated representative

must read, sign, and date the certification at STEP 6 labeled "for designated representatives only."
If the source where the unit is located has no units that are subject to the Acid Rain Program and consequently has no
designated representative, a certifying official for each owner of the unit must read the certification at STEP 6 labeled "for
certifying officials only," enter his or her name, title, name of the ownership company for which he or she is the certifying
official, phone number, email address, and then sign and date. A certifying official is not required to submit a Certificate of
Representation. If there is more than one owner of a new unit for which no designated representative has been authorized,
each owner of the unit must have a certifying official sign the appropriate certification at STEP 6.

Submission Deadlines

The form must be submitted by December 31 of the first year for which the unit is to be exempt.

Submission Instructions

Submit the original New Unit Exemption notice to the title V permitting authority for the facility, and a copy to U.S. EPA:

For regular/certified mail:

For overnight mail:

U.S. Environmental Protection Agency
Clean Air Markets Division (6204J)
Attention: New Unit Exemption
1200 Pennsylvania Avenue, NW
Washington, DC 20460

U.S. Environmental Protection Agency
Clean Air Markets Division (6204J)
Attention: New Unit Exemption
1310 L Street, NW
Second Floor
Washington, DC 20005
(202) 343-9077

Paperwork Burden Estimate
The burden on the public for collecting and reporting of information under the Acid Rain Program is estimated to be 10 hours
per response. Send comments regarding this collection of information, including suggestions for reducing the burden, to:
Chief, Information Policy Branch (PM-223), U.S. Environmental Protection Agency, 1200 Pennsylvania Ave., NW,
Washington, D.C. 20460; and to: Paperwork Reduction Project (OMB#2060-0258), Office of Information and Regulatory
Affairs, Office of Management and Budget, Washington, D.C. 20503. Do not submit forms to these addresses; see the
submission instructions above.