---
kind: "section"
citation: "40 C.F.R. § 96.80"
title: "40"
number: "96.80"
heading: "Applicability."
url: "https://uscodex.org/cfr/40/96.80"
---

# §96.80. Applicability.


A unit that is in the State, is not a NOX Budget unit under [§ 96.4](/cfr/40/96.4.md), vents all of its emissions to a stack, and is operating, may qualify, under this subpart, to become a NOX Budget opt-in source. A unit that is a NOX Budget unit, is covered by a retired unit exemption under [§ 96.5](/cfr/40/96.5.md) that is in effect, or is not operating is not eligible to become a NOX Budget opt-in source.


## 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.