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40 CFR 97.385

§ 97.385 CAIR opt-in permit contents.

United States · 40 CFR — Protection of Environment · Status: effective

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40 CFR 97.385, § 97.385 CAIR opt-in permit contents, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/180498
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(a) Each CAIR opt-in permit will contain: (1) All elements required for a complete CAIR permit application under § 97.322; (2) The certification in § 97.383(a)(2); (3) The unit's baseline heat input under § 97.384(c); (4) The unit's baseline NOX emission rate under § 97.384(d); (5) A statement whether the unit is to be allocated CAIR NOX Ozone Season allowances under § 97.388(b) or § 97.388(c) (subject to the conditions in §§ 97.384(h) and 97.386(g)); (6) A statement that the unit may withdraw from the CAIR NOX Ozone Season Trading Program only in accordance with § 97.386; and (7) A statement that the unit is subject to, and the owners and operators of the unit must comply with, the requirements of § 97.387. (b) Each CAIR opt-in permit is deemed to incorporate automatically the definitions of terms under § 97.302 and, upon recordation by the Administrator under subpart FFFF or GGGG of this part or this subpart, every allocation, transfer, or deduction of CAIR NOX Ozone Season allowances to or from the compliance account of the source that includes a CAIR NOX Ozone Season opt-in unit covered by the CAIR opt-in permit. (c) The CAIR opt-in permit shall be included, in a format specified by the permitting authority, in the CAIR permit for the source where the CAIR NOX Ozone Season opt-in unit is located and in a title V operating permit or other federally enforceable permit for the source.

Legislative history

This is a federal regulation, adopted through agency rulemaking under the Administrative Procedure Act — not enacted by a recorded vote of Congress.