---
kind: "section"
citation: "40 C.F.R. § 74.46"
title: "40"
number: "74.46"
heading: "Opt-in source permanent shutdown, reconstruction, or change in affected status."
url: "https://uscodex.org/cfr/40/74.46"
---

# §74.46. Opt-in source permanent shutdown, reconstruction, or change in affected status.

- (a) **Notification.**
  - (1) When an opt-in source has permanently shutdown during the calendar year, the designated representative shall notify the Administrator of the date of shutdown, within 30 days of such shutdown.
  - (2) When an opt-in source has undergone a modification that qualifies as a reconstruction as defined in [§ 60.15](/cfr/40/60.15.md) of this chapter, the designated representative shall notify the Administrator of the date of completion of the reconstruction, within 30 days of such completion.
  - (3) When an opt-in source becomes an affected unit under [§ 72.6](/cfr/40/72.6.md) of this chapter, the designated representative shall notify the Administrator of such change in the opt-in source's affected status within 30 days of such change.
- (b) **Administrator's action.**
  - (1) The Administrator will terminate the opt-in source's opt-in permit and deduct allowances as provided below in the following circumstances:
    - (i) **When an opt-in source has permanently shutdown.** The Administrator shall deduct allowances equal in number to and with the same or earlier compliance use date as those allocated to the opt-in source under [§ 74.40](/cfr/40/74.40.md) for the calendar year in which the shut down occurs and for all future years following the year in which the shut down occurs; or
    - (ii) When an opt-in source has undergone a modification that qualifies as a reconstruction as defined in [§ 60.15](/cfr/40/60.15.md) of this chapter. The Administrator shall deduct allowances equal in number to and with the same or earlier compliance use date as those allocated to the opt-in source under [§ 74.40](/cfr/40/74.40.md) for the calendar year in which the reconstruction is completed and all future years following the year in which the reconstruction is completed; or
    - (iii) When an opt-in source becomes an affected unit under [§ 72.6](/cfr/40/72.6.md) of this chapter. The Administrator shall deduct allowances equal in number to and with the same or earlier compliance use date as those allocated to the opt-in source under [§ 74.40](/cfr/40/74.40.md) for the calendar year in which the opt-in source becomes affected under [§ 72.6](/cfr/40/72.6.md) of this chapter and all future years following the calendar year in which the opt-in source becomes affected under [§ 72.6](/cfr/40/72.6.md); or
    - (iv) **When an opt-in source does not renew its opt-in permit.** The Administrator shall deduct allowances equal in number to and with the same or earlier compliance use date as those allocated to the opt-in source under [§ 74.40](/cfr/40/74.40.md) for the calendar year in which the opt-in source's opt-in permit expires and all future years following the year in which the opt-in source's opt-in permit expires.
  - (2) [Reserved]

## Notes

### Amendments

[60 FR 17115, Apr. 4, 1995, as amended at 70 FR 25337, May 12, 2005]

### Authority

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

### Source

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

### Amendments

[60 FR 17115, Apr. 4, 1995, as amended at 70 FR 25337, May 12, 2005]