+-----------------+----------------------------------------------------+
| ![](m           | **United States**                                  |
| edia/image1.png |                                                    |
| ){width="1.4201 | **Environmental Protection Agency**                |
| 388888888888in" |                                                    |
| height="0.39930 | **Acid Rain Program OMB No. 2060-0258**            |
| 55555555556in"} |                                                    |
+-----------------+----------------------------------------------------+
|                 | **New Unit Exemption**                             |
+-----------------+----------------------------------------------------+

> **For more information, see instructions and refer to 40 CFR 72.7**
>
> **This submission is:** **** **New** ** Revised**

<table style="width:100%;">
<colgroup>
<col style="width: 25%" />
<col style="width: 9%" />
<col style="width: 8%" />
<col style="width: 2%" />
<col style="width: 10%" />
<col style="width: 5%" />
<col style="width: 4%" />
<col style="width: 0%" />
<col style="width: 10%" />
<col style="width: 0%" />
<col style="width: 2%" />
<col style="width: 7%" />
<col style="width: 0%" />
<col style="width: 10%" />
</colgroup>
<tbody>
<tr class="odd">
<td><p><strong>STEP 1</strong></p>
<p>Identify the new unit by</p>
<p>plant name, State, Plant</p>
<p>Code (ORISPL) and unit ID#.</p></td>
<td colspan="6">Plant Name</td>
<td colspan="2">State</td>
<td colspan="3">Plant Code</td>
<td colspan="2">Unit ID#</td>
</tr>
<tr class="even">
<td colspan="14"></td>
</tr>
<tr class="odd">
<td colspan="14"><strong>TOTAL</strong></td>
</tr>
<tr class="even">
<td rowspan="2"><p><strong>STEP 2</strong></p>
<p>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.</p></td>
<td>GEN ID #</td>
<td colspan="2">GEN ID #</td>
<td>GEN ID #</td>
<td colspan="3">GEN ID #</td>
<td colspan="2">GEN ID #</td>
<td colspan="3"></td>
<td></td>
</tr>
<tr class="odd">
<td>MWe</td>
<td colspan="2">MWe</td>
<td>MWe</td>
<td colspan="3">MWe</td>
<td colspan="2">MWe</td>
<td colspan="3"></td>
<td>MWe</td>
</tr>
<tr class="even">
<td rowspan="6"><p><strong>STEP 3</strong></p>
<p>List all fuels currently</p>
<p>burned or expected to be burned, by the unit and the percent sulfur
content by</p>
<p>weight of each.</p></td>
<td colspan="2">Fuel (current)</td>
<td colspan="3">Sulfur Content (current)</td>
<td colspan="5">Fuel (expected)</td>
<td colspan="3">Sulfur Content (expected)</td>
</tr>
<tr class="odd">
<td colspan="2"></td>
<td colspan="3">%</td>
<td colspan="5"></td>
<td colspan="3">%</td>
</tr>
<tr class="even">
<td colspan="5"></td>
<td colspan="8"></td>
</tr>
<tr class="odd">
<td colspan="2"></td>
<td colspan="3">%</td>
<td colspan="5"></td>
<td colspan="3">%</td>
</tr>
<tr class="even">
<td colspan="5"></td>
<td colspan="8"></td>
</tr>
<tr class="odd">
<td colspan="2"></td>
<td colspan="3">%</td>
<td colspan="5"></td>
<td colspan="3">%</td>
</tr>
<tr class="even">
<td><p><strong>STEP 4</strong></p>
<p>Identify the first full calendar</p>
<p>year in which the unit meets</p>
<p>(or will meet) the requirements</p>
<p>of 40 CFR 72.7(a).</p>
<p><strong>STEP 5</strong></p>
<p>Read the special provisions.</p></td>
<td colspan="13"><p><strong>January 1,</strong> ______________.</p>
<p><strong>Special Provisions</strong></p>
<p>(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.</p>
<p>(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.</p>
<p>(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.</p>
<p>(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.</p></td>
</tr>
<tr class="odd">
<td><p><strong>STEP 6</strong></p>
<p>Read the appropriate certification and sign</p>
<p>and date.</p></td>
<td colspan="13"><p><strong>Certification (for <u>designated</u>
<u>representatives</u> only)</strong></p>
<p>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.</p></td>
</tr>
<tr class="even">
<td></td>
<td colspan="13">Name</td>
</tr>
<tr class="odd">
<td></td>
<td colspan="6">Signature</td>
<td colspan="7">Date</td>
</tr>
<tr class="even">
<td></td>
<td colspan="13"><p><strong>Certification (for <u>certifying</u>
<u>officials</u> only)</strong></p>
<p>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.</p></td>
</tr>
<tr class="odd">
<td></td>
<td colspan="6">Name</td>
<td colspan="7">Title</td>
</tr>
<tr class="even">
<td></td>
<td colspan="13">Company Owner Name</td>
</tr>
<tr class="odd">
<td></td>
<td colspan="6">Phone</td>
<td colspan="7">Email Address</td>
</tr>
<tr class="even">
<td></td>
<td colspan="6">Signature</td>
<td colspan="7">Date</td>
</tr>
<tr class="odd">
<td></td>
<td colspan="13"><p><strong>Certification (for additional
<u>certifying</u> <u>officials</u>, if applicable)</strong></p>
<p>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.</p></td>
</tr>
<tr class="even">
<td></td>
<td colspan="6">Name</td>
<td colspan="7">Title</td>
</tr>
<tr class="odd">
<td></td>
<td colspan="13">Company Owner Name</td>
</tr>
<tr class="even">
<td></td>
<td colspan="6">Phone</td>
<td colspan="7">Email Address</td>
</tr>
<tr class="odd">
<td></td>
<td colspan="6">Signature</td>
<td colspan="7">Date</td>
</tr>
</tbody>
</table>

+-------------+-------------------------------------------------------+---+
| ![](me      | **Acid Rain Program**                                 |   |
| dia/image1. |                                                       |   |
| png){width= | **Instructions for**                                  |   |
| "1.42013888 |                                                       |   |
| 88888888in" | **New Unit Exemption Notice (40 CFR 72.7)**           |   |
| height="    |                                                       |   |
| 0.399305555 |                                                       |   |
| 5555556in"} |                                                       |   |
+-------------+-------------------------------------------------------+---+
| *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    |                                                       |   |
| r           |                                                       |   |
| equirements |                                                       |   |
| to obtain   |                                                       |   |
| an Acid     |                                                       |   |
| Rain        |                                                       |   |
| permit,     |                                                       |   |
| monitor     |                                                       |   |
| emissions,  |                                                       |   |
| and hold    |                                                       |   |
| allowances. |                                                       |   |
| The         |                                                       |   |
| designated  |                                                       |   |
| rep         |                                                       |   |
| resentative |                                                       |   |
| 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
<miller.robertl@epa.gov> 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]{.underline} 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]{.underline} 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]{.underline}
[representatives]{.underline} 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]{.underline}
[officials]{.underline} 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]{.underline} 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]{.underline}
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 U.S. Environmental Protection
Agency

Clean Air Markets Division (6204J) Clean Air Markets Division (6204J)

Attention: New Unit Exemption Attention: New Unit Exemption

1200 Pennsylvania Avenue, NW 1310 L Street, NW

Washington, DC 20460 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.***