40 CFR § 96.321 - Submission of CAIR permit applications.

---
identifier: "/us/cfr/t40/s96.321"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "40 CFR § 96.321 - Submission of CAIR permit applications."
title_number: 40
title_name: "Protection of Environment"
section_number: "96.321"
section_name: "Submission of CAIR permit applications."
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"
---


# 96.321 Submission of CAIR permit applications.

(a) *Duty to apply.* The CAIR designated representative of any CAIR NO<sub>X</sub> Ozone Season source required to have a title V operating permit shall submit to the permitting authority a complete CAIR permit application under § 96.322 for the source covering each CAIR NO<sub>X</sub> Ozone Season unit at the source at least 18 months (or such lesser time provided by the permitting authority) before the later of January 1, 2009 or the date on which the CAIR NO<sub>X</sub> Ozone Season unit commences commercial operation, except as provided in § 96.383(a).

(b) *Duty to Reapply.* For a CAIR NO<sub>X</sub> Ozone Season source required to have a title V operating permit, the CAIR designated representative shall submit a complete CAIR permit application under § 96.322 for the source covering each CAIR NO<sub>X</sub> Ozone Season unit at the source to renew the CAIR permit in accordance with the permitting authority's title V operating permits regulations addressing permit renewal, except as provided in § 96.383(b).

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