---
kind: "section"
citation: "40 C.F.R. § 96.280"
title: "40"
number: "96.280"
heading: "Applicability."
url: "https://uscodex.org/cfr/40/96.280"
---

# §96.280. Applicability.


A CAIR SO2 opt-in unit must be a unit that:

- (a) Is located in the State;
- (b) Is not a CAIR SO2 unit under [§ 96.204](/cfr/40/96.204.md) and is not covered by a retired unit exemption under [§ 96.205](/cfr/40/96.205.md) that is in effect;
- (c) Is not covered by a retired unit exemption under [§ 72.8](/cfr/40/72.8.md) of this chapter that is in effect and is not an opt-in source under [part 74](/cfr/40/part74.md) of this chapter;
- (d) Has or is required or qualified to have a title V operating permit or other federally enforceable permit; and
- (e) Vents all of its emissions to a stack and can meet the monitoring, recordkeeping, and reporting requirements of subpart HHH of this part.

## Notes

### Source

Source: 70 FR 25362, May 12, 2005, unless otherwise noted.

### 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.