40 CFR § 96.320 - General CAIR NO Ozone Season Trading Program permit requirements.

---
identifier: "/us/cfr/t40/s96.320"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "40 CFR § 96.320 - General CAIR NO Ozone Season Trading Program permit requirements."
title_number: 40
title_name: "Protection of Environment"
section_number: "96.320"
section_name: "General CAIR NO Ozone Season Trading Program permit requirements."
chapter_name: "ENVIRONMENTAL PROTECTION AGENCY"
subchapter_number: "C"
subchapter_name: "AIR PROGRAMS"
part_number: "96"
part_name: "NOX BUDGET TRADING PROGRAM AND CAIR NOX AND SO2 TRADING PROGRAMS FOR STATE IMPLEMENTATION PLANS"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "42 U.S.C. 7401, 7403, 7410, 7601, and 7651,"
regulatory_source: "63 FR 57514, Oct. 27, 1998, unless otherwise noted."
cfr_part: "96"
---


# 96.320 General CAIR NO Ozone Season Trading Program permit requirements.

(a) For each CAIR NO<sub>X</sub> Ozone Season source required to have a title V operating permit or required, under subpart IIII of this part, to have a title V operating permit or other federally enforceable permit, such permit shall include a CAIR permit administered by the permitting authority for the title V operating permit or the federally enforceable permit as applicable. The CAIR portion of the title V permit or other federally enforceable permit as applicable shall be administered in accordance with the permitting authority's title V operating permits regulations promulgated under part 70 or 71 of this chapter or the permitting authority's regulations for other federally enforceable permits as applicable, except as provided otherwise by § 96.305, this subpart and subpart IIII of this part.

(b) Each CAIR permit shall contain, with regard to the CAIR NO<sub>X</sub> Ozone Season source and the CAIR NO<sub>X</sub> Ozone Season units at the source covered by the CAIR permit, all applicable CAIR NO<sub>X</sub> Ozone Season Trading Program, CAIR NO<sub>X</sub> Annual Trading Program, and CAIR SO<sub>2</sub> Trading Program requirements and shall be a complete and separable portion of the title V operating permit or other federally enforceable permit under paragraph (a) of this section.

[70 FR 25382, May 12, 2005, as amended at 71 FR 25394, Apr. 28, 2006]