7610-16 Acid Rain Permit Application

United States
Environmental Protection Agency
Acid Rain Program

OMB No. 2060-0258
Approval expires 12/31/2021

Acid Rain Permit Application
For more information, see instructions and 40 CFR 72.30 and 72.31.
This submission is:

new

revised

for ARP permit renewal

STEP 1
Identify the facility name,
State, and plant (ORIS) code.

Facility (Source) Name

STEP 2
Enter the unit ID# for every
affected unit at the affected
source in column "a."

State

Plant Code

a

b

Unit ID#

Unit Will Hold Allowances in Accordance with 40
CFR 72.9(c)(1)
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes

EPA Form 7610-16 (Revised 10-2020)

Acid Rain - Page 2
Facility (Source) Name (from STEP 1)

STEP 3

Permit Requirements

Read the standard
requirements.

(1) The designated representative of each affected source and each affected unit at the source shall:
(i) Submit a complete Acid Rain permit application (including a compliance plan) under 40 CFR
part 72 in accordance with the deadlines specified in 40 CFR 72.30; and
(ii) Submit in a timely manner any supplemental information that the permitting authority
determines is necessary in order to review an Acid Rain permit application and issue or deny
an Acid Rain permit;
(2) The owners and operators of each affected source and each affected unit at the source shall:
(i) Operate the unit in compliance with a complete Acid Rain permit application or a superseding
Acid Rain permit issued by the permitting authority; and
(ii) Have an Acid Rain Permit.

Monitoring Requirements
(1) The owners and operators and, to the extent applicable, designated representative of each
affected source and each affected unit at the source shall comply with the monitoring
requirements as provided in 40 CFR part 75.
(2) The emissions measurements recorded and reported in accordance with 40 CFR part 75 shall be
used to determine compliance by the source or unit, as appropriate, with the Acid Rain emissions
limitations and emissions reduction requirements for sulfur dioxide and nitrogen oxides under the
Acid Rain Program.
(3) The requirements of 40 CFR part 75 shall not affect the responsibility of the owners and operators
to monitor emissions of other pollutants or other emissions characteristics at the unit under other
applicable requirements of the Act and other provisions of the operating permit for the source.

Sulfur Dioxide Requirements
(1) The owners and operators of each source and each affected unit at the source shall:
(i) Hold allowances, as of the allowance transfer deadline, in the source's compliance account
(after deductions under 40 CFR 73.34(c)), not less than the total annual emissions of sulfur
dioxide for the previous calendar year from the affected units at the source; and
(ii) Comply with the applicable Acid Rain emissions limitations for sulfur dioxide.
(2) Each ton of sulfur dioxide emitted in excess of the Acid Rain emissions limitations for sulfur
dioxide shall constitute a separate violation of the Act.
(3) An affected unit shall be subject to the requirements under paragraph (1) of the sulfur dioxide
requirements as follows:
(i) Starting January 1, 2000, an affected unit under 40 CFR 72.6(a)(2); or
(ii) Starting on the later of January 1, 2000 or the deadline for monitor certification under 40 CFR
part 75, an affected unit under 40 CFR 72.6(a)(3).
(4) Allowances shall be held in, deducted from, or transferred among Allowance Tracking System
accounts in accordance with the Acid Rain Program.
(5) An allowance shall not be deducted in order to comply with the requirements under paragraph (1)
of the sulfur dioxide requirements prior to the calendar year for which the allowance was
allocated.
(6) An allowance allocated by the Administrator under the Acid Rain Program is a limited
authorization to emit sulfur dioxide in accordance with the Acid Rain Program. No provision of the
Acid Rain Program, the Acid Rain permit application, the Acid Rain permit, or an exemption under
40 CFR 72.7 or 72.8 and no provision of law shall be construed to limit the authority of the United
States to terminate or limit such authorization.
(7) An allowance allocated by the Administrator under the Acid Rain Program does not constitute a
property right.

Nitrogen Oxides Requirements
The owners and operators of the source and each affected unit at the source shall comply with the
applicable Acid Rain emissions limitation for nitrogen oxides.

EPA Form 7610-16 (Revised 10-2020)

Acid Rain - Page 3
Facility (Source) Name (from STEP 1)

STEP 3, Cont’d.

Excess Emissions Requirements
(1) The designated representative of an affected source that has excess emissions in any calendar
year shall submit a proposed offset plan, as required under 40 CFR part 77.
(2) The owners and operators of an affected source that has excess emissions in any calendar year
shall:
(i) Pay without demand the penalty required, and pay upon demand the interest on that penalty,
as required by 40 CFR part 77; and
(ii) Comply with the terms of an approved offset plan, as required by 40 CFR part 77.

Recordkeeping and Reporting Requirements
(1) Unless otherwise provided, the owners and operators of the source and each affected unit at the
source shall keep on site at the source each of the following documents for a period of 5 years
from the date the document is created. This period may be extended for cause, at any time prior
to the end of 5 years, in writing by the Administrator or permitting authority:
(i) The certificate of representation for the designated representative for the source and each
affected unit at the source and all documents that demonstrate the truth of the statements in
the certificate of representation, in accordance with 40 CFR 72.24; provided that the
certificate and documents shall be retained on site at the source beyond such 5-year period
until such documents are superseded because of the submission of a new certificate of
representation changing the designated representative;
(ii) All emissions monitoring information, in accordance with 40 CFR part 75, provided that to the
extent that 40 CFR part 75 provides for a 3-year period for recordkeeping, the 3-year period
shall apply.
(iii) Copies of all reports, compliance certifications, and other submissions and all records made
or required under the Acid Rain Program; and,
(iv) Copies of all documents used to complete an Acid Rain permit application and any other
submission under the Acid Rain Program or to demonstrate compliance with the
requirements of the Acid Rain Program.
(2) The designated representative of an affected source and each affected unit at the source shall
submit the reports and compliance certifications required under the Acid Rain Program, including
those under 40 CFR part 72 subpart I and 40 CFR part 75.

Liability
(1) Any person who knowingly violates any requirement or prohibition of the Acid Rain Program, a
complete Acid Rain permit application, an Acid Rain permit, or an exemption under 40 CFR 72.7
or 72.8, including any requirement for the payment of any penalty owed to the United States, shall
be subject to enforcement pursuant to section 113(c) of the Act.
(2) Any person who knowingly makes a false, material statement in any record, submission, or report
under the Acid Rain Program shall be subject to criminal enforcement pursuant to section 113(c)
of the Act and 18 U.S.C. 1001.
(3) No permit revision shall excuse any violation of the requirements of the Acid Rain Program that
occurs prior to the date that the revision takes effect.
(4) Each affected source and each affected unit shall meet the requirements of the Acid Rain
Program.
(5) Any provision of the Acid Rain Program that applies to an affected source (including a provision
applicable to the designated representative of an affected source) shall also apply to the owners
and operators of such source and of the affected units at the source.
(6) Any provision of the Acid Rain Program that applies to an affected unit (including a provision
applicable to the designated representative of an affected unit) shall also apply to the owners and
operators of such unit.
(7) Each violation of a provision of 40 CFR parts 72, 73, 74, 75, 76, 77, and 78 by an affected source
or affected unit, or by an owner or operator or designated representative of such source or unit,
shall be a separate violation of the Act.

EPA Form 7610-16 (Revised 10-2020)

Acid Rain - Page 4
Facility (Source) Name (from STEP 1)

STEP 3, Cont’d.

Effect on Other Authorities
No provision of the Acid Rain Program, an Acid Rain permit application, an Acid Rain permit, or an
exemption under 40 CFR 72.7 or 72.8 shall be construed as:
(1) Except as expressly provided in title IV of the Act, exempting or excluding the owners and
operators and, to the extent applicable, the designated representative of an affected source or
affected unit from compliance with any other provision of the Act, including the provisions of title I
of the Act relating to applicable National Ambient Air Quality Standards or State Implementation
Plans;
(2) Limiting the number of allowances a source can hold; provided, that the number of allowances
held by the source shall not affect the source's obligation to comply with any other provisions of
the Act;
(3) Requiring a change of any kind in any State law regulating electric utility rates and charges,
affecting any State law regarding such State regulation, or limiting such State regulation, including
any prudence review requirements under such State law;
(4) Modifying the Federal Power Act or affecting the authority of the Federal Energy Regulatory
Commission under the Federal Power Act; or,
(5) Interfering with or impairing any program for competitive bidding for power supply in a State in
which such program is established.

STEP 4

Certification

Read the
certification
statement, 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

EPA Form 7610-16 (Revised 10-2020)

Date

Instructions for the Acid Rain Program
Permit Application
The Acid Rain Program requires the designated representative to submit an Acid Rain permit application for each source
with an affected unit. A complete Certificate of Representation must be received by EPA before the permit application is
submitted to the Title V permitting authority. A complete Acid Rain permit application, once submitted, is binding on the
owners and operators of the affected source and is enforceable in the absence of a permit until the Title V permitting
authority either issues a permit to the source or disapproves the application.
Please type or print. If assistance is needed, contact the Title V permitting authority.
STEP 1 A Plant Code is a 4 or 5 digit number assigned by the Department of Energy’s (DOE) Energy Information
Administration (EIA) to facilities that generate electricity. For older facilities, "Plant Code" is synonymous with
"ORISPL" and "Facility" codes. If the facility generates electricity but no Plant Code has been assigned, or if there
is uncertainty regarding what the Plant Code is, send an email to the EIA. The email address is [email protected].
STEP 2 In column "a," identify each unit at the facility by providing the appropriate unit identification number, consistent
with the identifiers used in the Certificate of Representation and with submissions made to DOE and/or EIA. Do
not list duct burners. For new units without identification numbers, owners and operators must assign identifiers
consistent with EIA and DOE requirements. Each Acid Rain Program submission that includes the unit
identification number(s) (e.g., Acid Rain permit applications, monitoring plans, quarterly reports, etc.) should
reference those unit identification numbers in exactly the same way that they are referenced on the Certificate of
Representation.
Submission Deadlines
For new units, an initial Acid Rain permit application must be submitted to the Title V permitting authority 24 months before
the date the unit commences operation. Acid Rain permit renewal applications must be submitted at least 6 months in
advance of the expiration of the acid rain portion of a Title V permit, or such longer time as provided for under the Title
V permitting authority’s operating permits regulation.
Submission Instructions
Submit this form to the appropriate Title V permitting authority. If you have questions regarding this form, contact your
local, State, or EPA Regional Acid Rain contact, or call EPA's Clean Air Markets Hotline at (202) 343-9620.
Paperwork Burden Estimate

This collection of information is approved by OMB under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.
(OMB Control No. 2060-0258). Responses to this collection of information are mandatory (40 CFR 72.30 and
72.31). An agency may not conduct or sponsor, and a person is not required to respond to, a collection of
information unless it displays a currently valid OMB control number. The public reporting and recordkeeping
burden for this collection of information is estimated to be 8 hours per response. Send comments on the Agency’s
need for this information, the accuracy of the provided burden estimates and any suggested methods for
minimizing respondent burden to the Regulatory Support Division Director, U.S. Environmental Protection Agency
(2821T), 1200 Pennsylvania Ave., NW, Washington, D.C. 20460. Include the OMB control number in any
correspondence. Do not send the completed form to this address.

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