CFR > Title 40 - Protection of Environment > CHAPTER I—ENVIRONMENTAL PROTECTION AGENCY > SUBCHAPTER C—AIR PROGRAMS (Parts 50–99) > PART 96—NO X BUDGET TRADING PROGRAM AND CAIR NO X AND SO2 TRADING PROGRAMS FOR STATE IMPLEMENTATION PLANS > SUBPART III—CAIR SO2 Opt-in Units (§96.280 to §96.288) > 96.280—Applicability.

96.280—Applicability.

A CAIR SO2 opt-in unit must be a unit that:
(a) Is located in the State;
(b) Is not a CAIR SO2 unit under § 96.204 and is not covered by a retired unit exemption under § 96.205 that is in effect;
(c) Is not covered by a retired unit exemption under § 72.8 of this chapter that is in effect and is not an opt-in source under part 74 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 HHH of this part.