---
kind: "section"
citation: "40 C.F.R. § 97.383"
title: "40"
number: "97.383"
heading: "Applying for CAIR opt-in permit."
url: "https://uscodex.org/cfr/40/97.383"
---

# §97.383. 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 Ozone Season opt-in unit in [§ 97.380](/cfr/40/97.380.md) may apply for an initial CAIR opt-in permit at any time, except as provided under § [97.386 (f)](/cfr/40/97.386.md?p=f) and [(g)](/cfr/40/97.386.md?p=g), and, in order to apply, must submit the following:
  - (1) A complete CAIR permit application under [§ 97.322](/cfr/40/97.322.md);
  - (2) **A certification, in a format specified by the permitting authority, that the unit—**
    - (i) Is not a CAIR NOX Ozone Season unit under [§ 97.304](/cfr/40/97.304.md) and is not covered by a retired unit exemption under [§ 97.305](/cfr/40/97.305.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 [§ 97.322](/cfr/40/97.322.md);
  - (3) A monitoring plan in accordance with subpart HHHH of this part;
  - (4) A complete certificate of representation under [§ 97.313](/cfr/40/97.313.md) consistent with [§ 97.382](/cfr/40/97.382.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 Ozone Season allowances under [§ 97.380(b)](/cfr/40/97.380.md?p=b) or [§ 97.388(c)](/cfr/40/97.388.md?p=c) (subject to the conditions in §§ [97.384(h)](/cfr/40/97.384.md?p=h) and [97.386(g)](/cfr/40/97.386.md?p=g)), to the extent such allocation is provided in a State implementation plan revision submitted in accordance with § [51.123(ee)(3)(i)](/cfr/40/51.123.md?p=ee-3-i), [(ii)](/cfr/40/51.123.md?p=ee-3-ii), or [(iii)](/cfr/40/51.123.md?p=ee-3-iii) of this chapter and approved by the Administrator. If allocation under [§ 97.388(c)](/cfr/40/97.388.md?p=c) is requested, this statement shall include a statement that the owners and operators 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 Ozone Season opt-in unit shall submit a complete CAIR permit application under [§ 97.322](/cfr/40/97.322.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 Ozone Season opt-in unit from the CAIR NOX Ozone Season Trading Program in accordance with [§ 97.386](/cfr/40/97.386.md) or the unit becomes a CAIR NOX Ozone Season unit under [§ 97.304](/cfr/40/97.304.md), the CAIR NOX Ozone Season opt-in unit shall remain subject to the requirements for a CAIR NOX Ozone Season opt-in unit, even if the CAIR designated representative for the CAIR NOX Ozone Season 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