Current through Register Vol. XLI, No. 50, December 13, 2024
Section 45-41-5 - Retired Unit Exemption5.1. General exemption provisions.5.1.a. Any CAIR SO2 unit that is permanently retired will be exempt from the CAIR SO2 Trading Program, except for the provisions of this section, sections 2 through 4, subdivisions 6.3.d through 6.3.g, sections 7 through 15, and sections 51 through 62.5.1.b. The exemption under subdivision 5.1.a will become effective the day on which the CAIR SO2 unit is permanently retired. Within 30 days of the unit's permanent retirement, the CAIR designated representative will submit a statement to the Secretary and submit a copy of the statement to the Administrator. The statement must state, in a format prescribed by the Secretary, that the unit was permanently retired on a specific date and will comply with the requirements of subsection 5.2.5.1.c. After receipt of the statement under subdivision 5.1.b, the Secretary will amend any permit under sections 20 through 24 covering the source at which the unit is located to add the provisions and requirements of the exemption under subdivision 5.1.a and subsection 5.2.5.2. Special provisions.5.2.a. A unit exempt under subdivision 5.1.a must not emit any sulfur dioxide, starting on the date that the exemption takes effect.5.2.b. For a period of 5 years from the date the records are created, the owners and operators of a unit exempt under subsection 5.1 must 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 Secretary or the Administrator. The owners and operators bear the burden of proof that the unit is permanently retired.5.2.c. The owners and operators and, to the extent applicable, the CAIR designated representative of a unit exempt under subsection 5.1 must comply with the requirements of the CAIR 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.5.2.d. A unit exempt under subsection 5.1 and located at a source that is required, or but for this exemption would be required, to have a Title V operating permit must not resume operation unless the CAIR designated representative of the source submits a complete CAIR permit application under section 22 for the unit not less than 18 months (or such lesser time provided by the Secretary) before the later of January 1, 2010 or the date on which the unit resumes operation.5.2.e. On the earlier of the following dates, a unit exempt under subsection 5.1 will lose its exemption: 5.2.e.1. The date on which the CAIR designated representative submits a CAIR permit application for the unit under subdivision 5.2.d;5.2.e.2. The date on which the CAIR designated representative is required under subdivision 5.2.d to submit a CAIR permit application for the unit; or5.2.e.3. The date on which the unit resumes operation, if the CAIR designated representative is not required to submit a CAIR permit application for the unit.5.2.f. For the purpose of applying monitoring, reporting, and recordkeeping requirements under sections 70 through 75, a unit that loses its exemption under subsection 5.1 will be treated as a unit that commences commercial operation on the first date on which the unit resumes operation.