7610-16 Acid Rain Permit Application

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

STEP 2
Enter the unit ID#
for every affected
unit at the affected
source in column "a."

State

Plant Code

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)

Permit Requirements
STEP 3
Read the standard
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)

Sulfur Dioxide Requirements, Cont'd.
STEP 3, 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)

Recordkeeping and Reporting Requirements, Cont'd.
STEP 3, 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)

Effect on Other Authorities, Cont'd.

STEP 3, 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.
Certification

STEP 4
Read the
certification
statement,
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

EPA Form 7610-16 (Revised 12-2009)

Date

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, send an email to the
EIA. The email address is EIA-860@eia.gov.

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.