Fla. Admin. Code Ann. R. 62-214.430 - Implementation and Termination of Compliance Options
(1) Activation. The designated representative
shall not activate an approved conditional compliance option except by
providing notice to the Department that the option will actually be pursued
beginning January 1 of a specified year. An approved conditional compliance
option must be activated, if at all, before the date of any enforceable
milestone applicable to the option. The option becomes binding on the owners
and operators of any unit governed by the option at the time the designated
representative submits the notice. The notice shall:
(a) Specify the first calendar year and the
last calendar year for which the approved conditional compliance option is to
be active; and
(b) Certify that the
source has obtained all necessary EPA approvals of the technology pursuant to
Subpart D of 40 C.F.R. Parts 72, 74, and 76, each adopted and incorporated by
reference at Rule 62-204.800,
F.A.C.
(2) Termination of
Approved Conditional Compliance Options. The designated representative shall
not terminate an approved conditional compliance option after activation except
by providing notice to the Department that the termination will occur on
January 1 of a specified year. The termination becomes binding on the owners
and operators and the designated representative of any unit governed by the
option at the time the designated representative submits the notice. The notice
of termination shall:
(a) Specify the calendar
year for which the approved conditional compliance option is to be terminated;
and,
(b) Certify that the source
has obtained any necessary EPA approvals of the termination pursuant to Subpart
D of 40 C.F.R. Parts 72, 74, and 76, each adopted and incorporated by reference
at Rule 62-204.800,
F.A.C.
(3) The date of
activation of the compliance option shall not be a defense against failure to
meet the requirements applicable to that compliance option during each calendar
year for which the compliance option is activated.
(4) Upon receipt of a notice described at
subsection 62-214.430(1)
or 62-214.430(2),
F.A.C., the Department shall correct the source's permit pursuant to Rule
62-210.360, and subsection
62-214.370(6),
F.A.C.
Notes
Rulemaking Authority 403.061, 403.087, 403.0872 FS. Law Implemented 403.031, 403.061, 403.0872 FS.
New 1-3-95, Amended 7-6-95, 12-10-97, 1-3-01, 3-16-08.
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