40 CFR §97.180

1. (a)Is located in a State that submits, and for which the Administrator approves, a State implementation plan revision in accordance with § 51.123(p)(3)(i), (ii), or (iii) of this chapter establishing procedures concerning CAIR opt-in units;
2. (b)Is not a CAIR NOX unit under § 97.104 and is not covered by a retired unit exemption under § 97.105 that is in effect;
3. (c)Is not covered by a retired unit exemption under § 72.8 of this chapter that is in effect;
4. (d)Has or is required or qualified to have a title V operating permit or other federally enforceable permit; and
5. (e)Vents all of its emissions to a stack and can meet the monitoring, recordkeeping, and reporting requirements of subpart HH of this part.