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§97.380. Applicability.

40 C.F.R. § 97.380

A CAIR NOX Ozone Season 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 § 51.123(ee)(3) (i), (ii), or (iii) of this chapter establishing procedures concerning CAIR Ozone Season opt-in units;
(b)
Is not a CAIR NOX Ozone Season unit under § 97.304 and is not covered by a retired unit exemption under § 97.305 that is in effect;
(c)
Is not covered by a retired unit exemption under § 72.8 of this chapter that is in effect;
(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 HHHH of this part.
Notes, amendments, and revision history

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