7610-19 New Unit Exemption

United States
Environmental Protection Agency
Acid Rain Program

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

New Unit Exemption

For more information, see instructions and refer to 40 CFR 72.7

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

This submission is:

□

□

New

Revised

Plant Name

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.

State

Plant Code

Unit ID#

TOTAL
GEN ID #

GEN ID #

GEN ID #

GEN ID #

GEN ID #

MWe

MWe

MWe

MWe

MWe

MWe

Fuel (current)

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

STEP 5
Read the special provisions.

EPA Form 7610-19 (Revised 10-2020)

January 1,

Sulfur Content (current)

Fuel (expected)

Sulfur Content (expected)

%

%

%

%

.

Special Provisions
(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.

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
Mailing Address

City

Phone

Email Address

Signature

Date

EPA Form 7610-19 (Revised 10-2020)

State

Zip Code

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
Mailing Address

City

Phone

Email Address

Signature

Date

EPA Form 7610-19 (Revised 10-2020)

State

Zip Code

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 send an email to [email protected], or call EPA's Clean Air Markets 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 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 5 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, mailing address, 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 mail a copy to one of the following
addresses (please note the different zip codes):

For Regular or Certified Mail:

For Overnight Mail:

U.S. Environmental Protection Agency
CAMD – Market Operations Branch
Attention: Exemptions
1200 Pennsylvania Avenue, NW
Mail Code 6204M
Washington, DC 20460

U.S. Environmental Protection Agency
CAMD – Market Operations Branch
Attention: Exemptions
1200 Pennsylvania Avenue, NW
4th Floor, Room # 4153C
Washington, DC 20004
(202) 564-8717

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 72.7). 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 10 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.