---
kind: "section"
citation: "40 C.F.R. § 96.21"
title: "40"
number: "96.21"
heading: "Submission of NO X Budget permit applications."
url: "https://uscodex.org/cfr/40/96.21"
---

# §96.21. Submission of NO X Budget permit applications.

- (a) **Duty to apply.** The NOX authorized account representative of any NOX Budget source required to have a federally enforceable permit shall submit to the permitting authority a complete NOX Budget permit application under [§ 96.22](/cfr/40/96.22.md) by the applicable deadline in [paragraph (b)](#b) of this section.
- (b)
  - (1) **For NO<I>X</I> Budget sources required to have a title V operating permit—**
    - (i) For any source, with one or more NOX Budget units under [§ 96.4](/cfr/40/96.4.md) that commence operation before January 1, 2000, the NOX authorized account representative shall submit a complete NOX Budget permit application under [§ 96.22](/cfr/40/96.22.md) covering such NOX Budget units to the permitting authority at least 18 months (or such lesser time provided under the permitting authority's title V operating permits regulations for final action on a permit application) before May 1, 2003.
    - (ii) For any source, with any NOX Budget unit under [§ 96.4](/cfr/40/96.4.md) that commences operation on or after January 1, 2000, the NOX authorized account representative shall submit a complete NOX Budget permit application under [§ 96.22](/cfr/40/96.22.md) covering such NOX Budget unit to the permitting authority at least 18 months (or such lesser time provided under the permitting authority's title V operating permits regulations for final action on a permit application) before the later of May 1, 2003 or the date on which the NOX Budget unit commences operation.
  - (2) **For NO<I>X</I> Budget sources required to have a non-title V permit—**
    - (i) For any source, with one or more NOX Budget units under [§ 96.4](/cfr/40/96.4.md) that commence operation before January 1, 2000, the NOX authorized account representative shall submit a complete NOX Budget permit application under [§ 96.22](/cfr/40/96.22.md) covering such NOX Budget units to the permitting authority at least 18 months (or such lesser time provided under the permitting authority's non-title V permits regulations for final action on a permit application) before May 1, 2003.
    - (ii) For any source, with any NOX Budget unit under [§ 96.4](/cfr/40/96.4.md) that commences operation on or after January 1, 2000, the NOX authorized account representative shall submit a complete NOX Budget permit application under [§ 96.22](/cfr/40/96.22.md) covering such NOX Budget unit to the permitting authority at least 18 months (or such lesser time provided under the permitting authority's non-title V permits regulations for final action on a permit application) before the later of May 1, 2003 or the date on which the NOX Budget unit commences operation.
- (c) **Duty to reapply.**
  - (1) For a NOX Budget source required to have a title V operating permit, the NOX authorized account representative shall submit a complete NOX Budget permit application under [§ 96.22](/cfr/40/96.22.md) for the NOX Budget source covering the NOX Budget units at the source in accordance with the permitting authority's title V operating permits regulations addressing operating permit renewal.
  - (2) For a NOX Budget source required to have a non-title V permit, the NOX authorized account representative shall submit a complete NOX Budget permit application under [§ 96.22](/cfr/40/96.22.md) for the NOX Budget source covering the NOX Budget units at the source in accordance with the permitting authority's non-title V permits regulations addressing permit renewal.

## Notes

### Authority

Authority: 42 U.S.C. 7401, 7403, 7410, 7601, and 7651, et seq.

### Source

Source: 63 FR 57514, Oct. 27, 1998, unless otherwise noted.