---
kind: "section"
citation: "40 C.F.R. § 96.283"
title: "40"
number: "96.283"
heading: "Applying for CAIR opt-in permit."
url: "https://uscodex.org/cfr/40/96.283"
---

# §96.283. Applying for CAIR opt-in permit.

- (a) **Applying for initial CAIR opt-in permit.** The CAIR designated representative of a unit meeting the requirements for a CAIR SO2 opt-in unit in [§ 96.280](/cfr/40/96.280.md) may apply for an initial CAIR opt-in permit at any time, except as provided under § [96.286(f)](/cfr/40/96.286.md?p=f) and [(g)](/cfr/40/96.286.md?p=g), and, in order to apply, must submit the following:
  - (1) A complete CAIR permit application under [§ 96.222](/cfr/40/96.222.md);
  - (2) **A certification, in a format specified by the permitting authority, that the unit—**
    - (i) 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;
    - (ii) Is not covered by a retired unit exemption under [§ 72.8](/cfr/40/72.8.md) of this chapter that is in effect;
    - (iii) Is not and, so long as the unit is a CAIR SO2 opt-in unit, will not become, an opt-in source under [part 74](/cfr/40/part74.md) of this chapter;
    - (iv) Vents all of its emissions to a stack; and
    - (v) Has documented heat input for more than 876 hours during the 6 months immediately preceding submission of the CAIR permit application under [§ 96.222](/cfr/40/96.222.md);
  - (3) A monitoring plan in accordance with subpart HHH of this part;
  - (4) A complete certificate of representation under [§ 96.213](/cfr/40/96.213.md) consistent with [§ 96.282](/cfr/40/96.282.md), if no CAIR designated representative has been previously designated for the source that includes the unit; and
  - (5) A statement, in a format specified by the permitting authority, whether the CAIR designated representative requests that the unit be allocated CAIR SO2 allowances under [§ 96.288(b)](/cfr/40/96.288.md?p=b) or [§ 96.288(c)](/cfr/40/96.288.md?p=c) (subject to the conditions in §§ [96.284(h)](/cfr/40/96.284.md?p=h) and [96.286(g)](/cfr/40/96.286.md?p=g)). If allocation under [§ 96.288(c)](/cfr/40/96.288.md?p=c) is requested, this statement shall include a statement that the owners and operators of the unit intend to repower the unit before January 1, 2015 and that they will provide, upon request, documentation demonstrating such intent.
- (b) **Duty to reapply.**
  - (1) The CAIR designated representative of a CAIR SO2 opt-in unit shall submit a complete CAIR permit application under [§ 96.222](/cfr/40/96.222.md) to renew the CAIR opt-in unit permit in accordance with the permitting authority's regulations for title V operating permits, or the permitting authority's regulations for other federally enforceable permits if applicable, addressing permit renewal.
  - (2) Unless the permitting authority issues a notification of acceptance of withdrawal of the CAIR SO2 opt-in unit from the CAIR SO2 Trading Program in accordance with [§ 96.286](/cfr/40/96.286.md) or the unit becomes a CAIR SO2 unit under [§ 96.204](/cfr/40/96.204.md), the CAIR SO2 opt-in unit shall remain subject to the requirements for a CAIR SO2 opt-in unit, even if the CAIR designated representative for the CAIR SO2 opt-in unit fails to submit a CAIR permit application that is required for renewal of the CAIR opt-in permit under [paragraph (b)(1)](#b-1) of this section.

## Notes

### Amendments

[70 FR 25362, May 12, 2005, as amended at 71 FR 25390, Apr. 28, 2006]

### 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.

### Amendments

[70 FR 25362, May 12, 2005, as amended at 71 FR 25390, Apr. 28, 2006]