StacksVerified U.S. regulatory reference

40 CFR §97.380

Verified against eCFR.gov as of June 20, 2026View official text on eCFR.gov ↗
A CAIR NOX Ozone Season opt-in unit must be a unit that:
  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(ee)(3) (i), (ii), or (iii) of this chapter establishing procedures concerning CAIR Ozone Season opt-in units;
  2. (b)Is not a CAIR NOX Ozone Season unit under § 97.304 and is not covered by a retired unit exemption under § 97.305 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 HHHH of this part.