7610-5 Retired Unit Exemption

Cross-State Air Pollution Rule Update for the 2008 Ozone National Ambient Air Quality Standards (Revision)

retired_unit_exemption_txso2_final

Federal Implementation Plans to Reduce Interstate Transport of Fine Particulate Matter and Ozone - Private Sector Mandatory

OMB: 2060-0667

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United States Environmental Protection Agency
Acid Rain, CSAPR, and Texas SO2 Programs

OMB Nos. 2060-0258 and 2060-0667
Approval Expires 03/31/2022

Retired Unit Exemption

For more information, see instructions and refer to 40 CFR 72.8, 97.405, 97.505, 97.605,
97.705, 97.805, 97.905, 97.1005 or a comparable state regulation, as applicable.
This submission is:
STEP 1
Identify the unit by plant
(source) name, State,
plant code and unit ID#.
STEP 2
Indicate the program(s)
that the unit is subject to.

□ New

□ Revised

Plant (Source) Name

□ Acid Rain
□ CSAPR NO Annual
□ CSAPR NO Ozone Season Group 1
□ CSAPR NO Ozone Season Group 2
□ CSAPR NO Ozone Season Group 3
X

X

State

Plant Code

□ CSAPR SO
□ CSAPR SO
□ Texas SO

2

Group 1

2

Group 2

Unit ID#

2

X

x

STEP 3
Identify the date on which
the unit was (or will be)
permanently retired.
STEP 4
If the unit is subject to the
Acid Rain Program,
identify the first full
calendar year in which the
unit meets (or will meet)
the requirements of 40
CFR 72.8(d).

Calendar year starting January 1,

STEP 5 Read the applicable special provisions.
Acid Rain Program Special Provisions
(1) A unit exempt under 40 CFR 72.8 shall not emit any sulfur dioxide and nitrogen oxides starting on the date that the
exemption takes effect. The owners and operators of the unit will be allocated allowances in accordance with 40 CFR
part 73 subpart B.
(2) A unit exempt under 40 CFR 72.8 shall not resume operation unless the designated representative of the source
that includes the unit submits a complete Acid Rain permit application under 40 CFR 72.31 for the unit not less than 24
months prior to the date on which the unit is first to resume operation.
(3) The owners and operators and, to the extent applicable, the designated representative of a unit exempt under 40
CFR 72.8 shall 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.
(4) For any period for which a unit is exempt under 40 CFR 72.8, 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.
(5) For a period of 5 years from the date the records are created, the owners and operators of a unit exempt under 40
CFR 72.8 shall retain, at the source that includes the unit, records demonstrating that the unit is permanently retired.
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. The owners and operators bear the burden of proof that the unit is
permanently retired.
EPA Form 7610-20 (revised 10-2020)

Retired Unit Exemption Notice
Page 2 of 4

(6) On the earlier of the following dates, a unit exempt under 40 CFR 72.8(b) or (c) 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 designated
representative submits an Acid Rain permit application under paragraph (2); or (ii) the date on which the designated
representative is required under paragraph (2) to submit an Acid Rain permit application. For the purpose of applying
monitoring requirements under 40 CFR part 75, a unit that loses its exemption under 40 CFR 72.8 shall be treated as
a new unit that commenced commercial operation on the first date on which the unit resumes operation.
CSAPR NOX Annual Trading Program Special Provisions
(1) A unit exempt under 40 CFR 97.405 shall not emit any NOX, starting on the date that the exemption takes effect.
(2) For a period of 5 years from the date the records are created, the owners and operators of a unit exempt under 40
CFR 97.405 shall retain, at the source that includes the unit, records demonstrating that the unit is permanently retired.
The 5-year period for keeping records may be extended for cause, at any time before the end of the period, in writing
by the Administrator. The owners and operators bear the burden of proof that the unit is permanently retired.
(3) The owners and operators and, to the extent applicable, the designated representative of a unit exempt under 40
CFR 97.405 shall comply with the requirements of the CSAPR NOX Annual Trading 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.
(4) A unit exempt under 40 CFR 97.405 shall lose its exemption on the first date on which the unit resumes operation.
Such unit shall be treated, for purposes of applying allocation, monitoring, reporting, and recordkeeping requirements
under 40 CFR part 97 subpart AAAAA, as a unit that commences commercial operation on the first date on which the
unit resumes operation.
CSAPR NOX Ozone Season Group 1 Trading Program Special Provisions
(1) A unit exempt under 40 CFR 97.505 shall not emit any NOX, starting on the date that the exemption takes effect.
(2) For a period of 5 years from the date the records are created, the owners and operators of a unit exempt under 40
CFR 97.505 shall retain, at the source that includes the unit, records demonstrating that the unit is permanently retired.
The 5-year period for keeping records may be extended for cause, at any time before the end of the period, in writing
by the Administrator. The owners and operators bear the burden of proof that the unit is permanently retired.
(3) The owners and operators and, to the extent applicable, the designated representative of a unit exempt under 40
CFR 97.505 shall comply with the requirements of the CSAPR NOX Ozone Season Group 1 Trading 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.
(4) A unit exempt under 40 CFR 97.505 shall lose its exemption on the first date on which the unit resumes operation.
Such unit shall be treated, for purposes of applying allocation, monitoring, reporting, and recordkeeping requirements
under 40 CFR part 97 subpart BBBBB, as a unit that commences commercial operation on the first date on which the
unit resumes operation.
CSAPR NOX Ozone Season Group 2 Trading Program Special Provisions
(1) A unit exempt under 40 CFR 97.805 shall not emit any NOX, starting on the date that the exemption takes effect.
(2) For a period of 5 years from the date the records are created, the owners and operators of a unit exempt under 40
CFR 97.805 shall retain, at the source that includes the unit, records demonstrating that the unit is permanently retired.
The 5-year period for keeping records may be extended for cause, at any time before the end of the period, in writing
by the Administrator. The owners and operators bear the burden of proof that the unit is permanently retired.
(3) The owners and operators and, to the extent applicable, the designated representative of a unit exempt under 40
CFR 97.805 shall comply with the requirements of the CSAPR NOX Ozone Season Group 2 Trading 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.

EPA Form 7610-20 (revised 10-2020)

Retired Unit Exemption Notice
Page 3 of 4

(4) A unit exempt under 40 CFR 97.805 shall lose its exemption on the first date on which the unit resumes operation.
Such unit shall be treated, for purposes of applying allocation, monitoring, reporting, and recordkeeping requirements
under 40 CFR part 97 subpart EEEEE, as a unit that commences commercial operation on the first date on which the
unit resumes operation.
CSAPR NOX Ozone Season Group 3 Trading Program Special Provisions
(1) A unit exempt under 40 CFR 97.1005 shall not emit any NOX, starting on the date that the exemption takes effect.
(2) For a period of 5 years from the date the records are created, the owners and operators of a unit exempt under 40
CFR 97.1005 shall retain, at the source that includes the unit, records demonstrating that the unit is permanently
retired. The 5-year period for keeping records may be extended for cause, at any time before the end of the period, in
writing by the Administrator. The owners and operators bear the burden of proof that the unit is permanently retired.
(3) The owners and operators and, to the extent applicable, the designated representative of a unit exempt under 40
CFR 97.1005 shall comply with the requirements of the CSAPR NOX Ozone Season Group 3 Trading 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.
(4) A unit exempt under 40 CFR 97.1005 shall lose its exemption on the first date on which the unit resumes
operation. Such unit shall be treated, for purposes of applying allocation, monitoring, reporting, and recordkeeping
requirements under this subpart, as a unit that commences commercial operation on the first date on which the unit
resumes operation.

CSAPR SO2 Group 1 Trading Program Special Provisions
(1) A unit exempt under 40 CFR 97.605 shall not emit any SO2, starting on the date that the exemption takes effect.
(2) For a period of 5 years from the date the records are created, the owners and operators of a unit exempt under 40
CFR 97.605 shall retain, at the source that includes the unit, records demonstrating that the unit is permanently retired.
The 5-year period for keeping records may be extended for cause, at any time before the end of the period, in writing
by the Administrator. The owners and operators bear the burden of proof that the unit is permanently retired.
(3) The owners and operators and, to the extent applicable, the designated representative of a unit exempt under 40
CFR 97.605 shall comply with the requirements of the CSAPR SO2 Group 1 Trading 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.
(4) A unit exempt under 40 CFR 97.605 shall lose its exemption on the first date on which the unit resumes operation.
Such unit shall be treated, for purposes of applying allocation, monitoring, reporting, and recordkeeping requirements
under 40 CFR part 97 subpart CCCCC, as a unit that commences commercial operation on the first date on which the
unit resumes operation.
CSAPR SO2 Group 2 Trading Program Special Provisions
(1) A unit exempt under 40 CFR 97.705 shall not emit any SO2, starting on the date that the exemption takes effect.
(2) For a period of 5 years from the date the records are created, the owners and operators of a unit exempt under 40
CFR 97.705 shall retain, at the source that includes the unit, records demonstrating that the unit is permanently retired.
The 5-year period for keeping records may be extended for cause, at any time before the end of the period, in writing
by the Administrator. The owners and operators bear the burden of proof that the unit is permanently retired.
(3) The owners and operators and, to the extent applicable, the designated representative of a unit exempt under 40
CFR 97.705 shall comply with the requirements of the CSAPR SO2 Group 2 Trading 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.
(4) A unit exempt under 40 CFR 97.705 shall lose its exemption on the first date on which the unit resumes operation.
Such unit shall be treated, for purposes of applying allocation, monitoring, reporting, and recordkeeping requirements
under 40 CFR part 97 subpart DDDDD, as a unit that commences commercial operation on the first date on which the
unit resumes operation.
EPA Form 7610-20 (revised 10-2020)

Texas SO2 Trading Program Special Provisions
(1) A unit exempt under 40 CFR 97.905 shall not emit any SO2, starting on the date that the exemption takes effect.
(2) For a period of 5 years from the date the records are created, the owners and operators of a unit exempt under 40
CFR 97.905 shall retain, at the source that includes the unit, records demonstrating that the unit is permanently retired.
The 5-year period for keeping records may be extended for cause, at any time before the end of the period, in writing
by the Administrator. The owners and operators bear the burden of proof that the unit is permanently retired.
(3) The owners and operators and, to the extent applicable, the designated representative of a unit exempt under 40
CFR 97.905 shall comply with the requirements of the Texas SO2 Trading 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.
(4) A unit exempt under 40 CFR 97.905 shall lose its exemption on the first date on which the unit resumes operation.
A retired unit that resumes operation will not receive an allowance allocation under 40 CFR 97.911. The unit may
receive allowances from the Supplemental Allowance Pool pursuant to 40 CFR 97.912. All other provisions of 40 CFR
part 97 subpart FFFFF regarding monitoring, reporting, recordkeeping and compliance will apply on the first date on
which the unit resumes operation.

EPA Form 7610-20 (revised 10-2020)

Retired Unit Exemption Notice
Page 4 of 4

STEP 6 Read the statement of compliance and the applicable certification statements, sign, and date.
Statement of compliance
I certify that the unit identified above at STEP 1 was (or will be) permanently retired on the date identified at STEP
3 and will comply with the applicable Special Provisions listed at STEP 5.

Certification by designated representatives or alternate designated representatives
I am authorized to make this submission on behalf of the owners and operators of the source and unit 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

Title

Owner Company Name
Email

Phone

Signature

Date

Certification by certifying officials of units subject only to the Acid Rain Program for which no designated
representative has been authorized
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

Owner Company Name
Email

Phone

Signature

Date

EPA Form 7610-20 (revised 10-2020)

Instructions for the Retired Unit Exemption Notice
Please type or print. If you have any questions regarding the submission of the Retired Unit Exemption
notice, please send an email to [email protected], or contact your local, State, or EPA Regional
contact for the Acid Rain Program (ARP), Cross-State Air Pollution Rule (CSAPR), or Texas SO2 Trading
Program (TXSO2), as appropriate. You may also call EPA's Acid Rain Hotline at (202) 343- 9620.
Submission Deadline: For units subject only to the ARP, submit the Retired Unit Exemption notice by
December 31 of the first year the unit is to be exempt. For units subject to the CSAPR or TXSO2 programs
(including units also subject to the ARP), submit the Retired Unit Exemption notice no later than 30 days
after the date the unit is permanently retired (i.e., within 30 days of the date entered at STEP 3).
STEP 1 Enter the plant name and state where the unit is located, the Plant Code for the facility, and the
Unit ID for the unit, consistent with the data listed on the most current Certificate of Representation
for the facility. A Plant Code is a 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,
contact EIA at (202) 586-1029. For facilities that do not produce electricity, use the facility
identifier assigned by EPA (beginning with "88"). If the facility does not produce electricity and
has not been assigned a facility identifier, please send an email to [email protected].
STEP 2 Identify the programs to which the unit is subject.
STEP 3 Enter the date on which the unit was (or will be) permanently retired.
STEP 4 If the unit is subject to the ARP, identify the first full calendar year in which the unit meets (or will
meet) the requirements of 40 CFR 72.8(d).
STEP 5 Read the applicable special provisions.
STEP 6 Read the statement of compliance and the applicable certification statements, sign, and date. For
units subject only to the ARP, if no designated representative has been authorized, a certifying
official for each owner of the unit must read the certification at STEP 6 labeled " certifying officials
of units subject only to the Acid Rain Program”, enter his or her name, title, name of the owner
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 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.
Submit the original Retired Unit Exemption notice to the title V permitting authority for the facility, and mail
a copy to one of the following mailing 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

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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 Nos. 2060-0258 and 2060-0667). Responses to this collection of information are mandatory (40 CFR 72.8,
97.405, 97.505, 97.605, 97.705, 97.805, 97.905 and 97.1005). 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 3.5 hours per response
annually. 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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File Created2021-07-16

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