United States

Environmental Protection Agency 

Acid Rain Program 

 OMB No. 2060-0258

 Approval expires 11/30/2012 

 

Acid Rain Permit Application

For more information, see instructions and 40 CFR 72.30 and 72.31. 

This submission is: new revised for Acid Rain permit renewal

STEP 1

Identify the facility name,

State, and plant (ORIS) 

code.

Facility (Source) Name State Plant Code

STEP 2

Enter the unit ID#

for every affected

unit at the affected

source in column "a."

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

EPA Form 7610-16 (Revised 12-2009)
Acid Rain - Page 2 

Facility (Source) Name (from STEP 1)

STEP 3

Read the standard 

requirements. 

Permit 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). 

EPA Form 7610-16 (Revised 12-2009) 
Acid Rain - Page 3

Facility (Source) Name (from STEP 1)

STEP 3, Cont'd.

Sulfur Dioxide Requirements, Cont'd.

(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.

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;

EPA Form 7610-16 (Revised 12-2009) 
Acid Rain - Page 4 

Facility (Source) Name (from STEP 1)

STEP 3, Cont'd.

Recordkeeping and Reporting Requirements, Cont'd.

(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.

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 

EPA Form 7610-16 (Revised 12-2009) 
Acid Rain - Page 5

Facility (Source) Name (from STEP 1)

STEP 3, Cont'd.

Effect on Other Authorities, Cont'd.

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

Read the 

certification 

statement,

sign, and date.

Certification

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

EPA Form 7610-16 (Revised 12-2009) 
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, contact EIA at (202) 

586-4325 or (202) 586-2402. 

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 Acid Rain Hotline at (202) 343-9620.

Paperwork Burden Estimate

The public reporting and record keeping burden for this collection of information is estimated to average 8 hours 

per response. Burden means the total time, effort, or financial resources expended by persons to generate, 

maintain, retain, or disclose or provide information to or for a Federal agency. This includes the time needed to 

review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, 

validating, and verifying information, processing and maintaining information, and disclosing and providing 

information; adjust the existing ways to comply with any previously applicable instructions and requirements; train 

personnel to be able to respond to a collection of information; search data sources; complete and review the 

collection of information; and transmit or otherwise disclose the information. 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. 

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, including through the use of automated collection 

techniques to the Director, Collection Strategies Division, U.S. Environmental Protection Agency (2822T), 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.