CFR > Title 40 - Protection of Environment > CHAPTER I—ENVIRONMENTAL PROTECTION AGENCY > SUBCHAPTER C—AIR PROGRAMS (Parts 50–99) > PART 97—FEDERAL NO X BUDGET TRADING PROGRAM AND CAIR NO X AND SO 2 TRADING PROGRAMS > SUBPART I—Individual Unit Opt-ins. (§97.80 to §97.88) > 97.80—Applicability.

97.80—Applicability.

A unit that is in a State (as defined in § 97.2 ), is not a NOX Budget unit under § 97.4(a), is not a unit exempt under § 97.4(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), is covered by an exemption under § 97.4(b) or § 97.5 that is in effect, or is not operating is not eligible to be a NOX Budget opt-in unit.