---
kind: "section"
citation: "40 C.F.R. § 97.80"
title: "40"
number: "97.80"
heading: "Applicability."
url: "https://uscodex.org/cfr/40/97.80"
---

# §97.80. Applicability.


A unit that is in a State (as defined in [§ 97.2](/cfr/40/97.2.md)), is not a NOX Budget unit under [§ 97.4(a)](/cfr/40/97.4.md?p=a), is not a unit exempt under [§ 97.4(b)](/cfr/40/97.4.md?p=b), vents all of its emissions to a stack, and is operating, may qualify to be a NOX Budget opt-in unit under this subpart. A unit that is a NOX Budget unit under [§ 97.4(a)](/cfr/40/97.4.md?p=a), is covered by an exemption under [§ 97.4(b)](/cfr/40/97.4.md?p=b) or [§ 97.5](/cfr/40/97.5.md) that is in effect, or is not operating is not eligible to be a NOX Budget opt-in unit.


## 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