---
kind: "section"
citation: "40 C.F.R. § 97.183"
title: "40"
number: "97.183"
heading: "Applying for CAIR opt-in permit."
url: "https://uscodex.org/cfr/40/97.183"
---

# §97.183. 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 NOX opt-in unit in [§ 97.180](/cfr/40/97.180.md) may apply for an initial CAIR opt-in permit at any time, except as provided under § [97.186(f)](/cfr/40/97.186.md?p=f) and [(g)](/cfr/40/97.186.md?p=g), and, in order to apply, must submit the following:
  - (1) A complete CAIR permit application under [§ 97.122](/cfr/40/97.122.md);
  - (2) **A certification, in a format specified by the permitting authority, that the unit—**
    - (i) Is not a CAIR NOX unit under [§ 97.104](/cfr/40/97.104.md) and is not covered by a retired unit exemption under [§ 97.105](/cfr/40/97.105.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) Vents all of its emissions to a stack; and
    - (iv) Has documented heat input for more than 876 hours during the 6 months immediately preceding submission of the CAIR permit application under [§ 97.122](/cfr/40/97.122.md);
  - (3) A monitoring plan in accordance with subpart HH of this part;
  - (4) A complete certificate of representation under [§ 97.113](/cfr/40/97.113.md) consistent with [§ 97.182](/cfr/40/97.182.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 NOX allowances under [§ 97.188(b)](/cfr/40/97.188.md?p=b) or [§ 97.188(c)](/cfr/40/97.188.md?p=c) (subject to the conditions in §§ [97.184(h)](/cfr/40/97.184.md?p=h) and [97.186(g)](/cfr/40/97.186.md?p=g)), to the extent such allocation is provided in a State implementation plan revision submitted in accordance with § [51.123(p)(3)(i)](/cfr/40/51.123.md?p=p-3-i), [(ii)](/cfr/40/51.123.md?p=p-3-ii), or [(iii)](/cfr/40/51.123.md?p=p-3-iii) of this chapter and approved by the Administrator. If allocation under [§ 97.188(c)](/cfr/40/97.188.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 NOX opt-in unit shall submit a complete CAIR permit application under [§ 97.122](/cfr/40/97.122.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 NOX opt-in unit from the CAIR NOX Annual Trading Program in accordance with [§ 97.186](/cfr/40/97.186.md) or the unit becomes a CAIR NOX unit under [§ 97.104](/cfr/40/97.104.md), the CAIR NOX opt-in unit shall remain subject to the requirements for a CAIR NOX opt-in unit, even if the CAIR designated representative for the CAIR NOX 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

### Authority

Authority: 42 U.S.C. 7401, 7403, 7410, 7426, 7491, 7601, and 7651, et seq.

### Source

Source: 65 FR 2727, Jan. 18, 2000, unless otherwise noted. 71 FR 25396, 25422, and 25443, Apr. 28, 2006