---
kind: "section"
citation: "40 C.F.R. § 74.12"
title: "40"
number: "74.12"
heading: "Opt-in permit contents."
url: "https://uscodex.org/cfr/40/74.12"
---

# §74.12. Opt-in permit contents.

- (a) The opt-in permit shall be included in the Acid Rain permit.
- (b) **Scope.** The opt-in permit provisions shall apply only to the opt-in source and not to any other affected units.
- (c) **Contents.** Each opt-in permit, including any draft or proposed opt-in permit, shall contain the following elements in a format specified by the Administrator:
  - (1) All elements required for a complete opt-in permit application as provided under [§ 74.16](/cfr/40/74.16.md) for combustion sources or under [§ 74.17](/cfr/40/74.17.md) for process sources or, if applicable, all elements required for a complete opt-in permit renewal application as provided in [§ 74.19](/cfr/40/74.19.md) for combustion sources or under [§ 74.17](/cfr/40/74.17.md) for process sources;
  - (2) The allowance allocation for the opt-in source as determined by the Administrator under subpart C of this part for combustion sources or subpart D of this part for process sources;
  - (3) The standard permit requirements as provided under [§ 72.9](/cfr/40/72.9.md) of this chapter, except that the provisions in [§ 72.9(d)](/cfr/40/72.9.md?p=d) of this chapter shall not be included in the opt-in permit; and
  - (4) **Termination.** The provision that participation of a combustion or process source in the Acid Rain Program may be terminated only in accordance with [§ 74.18](/cfr/40/74.18.md) (withdrawal), [§ 74.46](/cfr/40/74.46.md) (shutdown, reconstruction, or change in affected status), and [§ 74.50](/cfr/40/74.50.md) (deducting allowances).
- (d) Each opt-in permit is deemed to incorporate the definitions of terms under [§ 72.2](/cfr/40/72.2.md) of this chapter.
- (e) **Permit shield.** Each opt-in source operated in accordance with the opt-in permit that governs the opt-in source and that was issued in compliance with title IV of the Act, as provided in this part and parts [72](/cfr/40/part72.md), [73](/cfr/40/part73.md), 75, 77, and 78 of this chapter, shall be deemed to be operating in compliance with the Acid Rain Program, except as provided in [§ 72.9(g)(6)](/cfr/40/72.9.md?p=g-6) of this chapter.
- (f) **Term of opt-in permit.** An opt-in permit shall be issued for a period of 5 years and may be renewed in accordance with [§ 74.19](/cfr/40/74.19.md); provided
  - (1) If an opt-in permit is issued prior to January 1, 2000, then the opt-in permit may, at the option of the permitting authority, expire on December 31, 1999; and
  - (2) If an affected unit with an Acid Rain permit is located at the same source as the combustion source, the combustion source's opt-in permit may, at the option of the permitting authority, expire on the same date as the affected unit's Acid Rain permit expires.

## Notes

### Authority

Authority: 42 U.S.C. 7601 and 7651 et seq.

### Source

Source: 60 FR 17115, Apr. 4, 1995, unless otherwise noted.