United States

Environmental Protection Agency 

Acid Rain Program 

 

 

 OMB No. 2060-0258

 Approval expires 11/30/2012

New Unit Exemption

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

This submission is:  New  Revised

STEP 1

Identify the new unit by plant name, State, Plant 

Code (ORISPL) and unit ID#.

Plant Name State Plant Code Unit ID#

TOTAL

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.

GEN ID # GEN ID # GEN ID # GEN ID # GEN ID #

MWe MWe MWe MWe MWe MWe 

STEP 3

List all fuels currently 

burned or expected to be 

burned, by the unit and the 

percent sulfur content by

weight of each.

Fuel (current) Sulfur Content (current) Fuel (expected) Sulfur Content (expected)

% % 

% % 

% % 

STEP 4

Identify the first full calendar

year in which the unit meets

(or will meet) the requirements

of 40 CFR 72.7(a).

January 1, ______________.

STEP 5

Read the special provisions.

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.

EPA Form 7610-19 (Revised 12-2009) 
New Unit Exemption

Plant Name (from Step 1) Page 2 

STEP 6

Read the appropriate 

certification and sign

and date.

Certification (for designated representatives only)

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

Phone Email Address

Signature Date

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

Phone Email Address

Signature Date

EPA Form 7610-19 (Revised 12-2009) 
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 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 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 coalderived 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 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, 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 a copy to U.S. EPA:

For regular/certified mail:

U.S. Environmental Protection Agency

Clean Air Markets Division (6204J)

Attention: New Unit Exemption

1200 Pennsylvania Avenue, NW

Washington, DC 20460

For overnight mail:

U.S. Environmental Protection Agency

Clean Air Markets Division (6204J)

Attention: New Unit Exemption

1310 L Street, NW

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.