---
kind: "section"
citation: "40 C.F.R. § 97.280"
title: "40"
number: "97.280"
heading: "Applicability."
url: "https://uscodex.org/cfr/40/97.280"
---

# §97.280. Applicability.


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

- (a) Is located in a State that submits, and for which the Administrator approves, a State implementation plan revision in accordance with § [51.124(r)(1)](/cfr/40/51.124.md?p=r-1), [(2)](/cfr/40/51.124.md?p=r-2), or [(3)](/cfr/40/51.124.md?p=r-3) of this chapter establishing procedures concerning CAIR opt-in units;
- (b) Is not a CAIR SO2 unit under [§ 97.204](/cfr/40/97.204.md) and is not covered by a retired unit exemption under [§ 97.205](/cfr/40/97.205.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 HH of this part.

## 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