40 CFR § 96.80 - Applicability.
---
identifier: "/us/cfr/t40/s96.80"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "40 CFR § 96.80 - Applicability."
title_number: 40
title_name: "Protection of Environment"
section_number: "96.80"
section_name: "Applicability."
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"
---
# 96.80 Applicability.
A unit that is in the State, is not a NO<sub>X</sub> Budget unit under § 96.4, vents all of its emissions to a stack, and is operating, may qualify, under this subpart, to become a NO<sub>X</sub> Budget opt-in source. A unit that is a NO<sub>X</sub> Budget unit, is covered by a retired unit exemption under § 96.5 that is in effect, or is not operating is not eligible to become a NO<sub>X</sub> Budget opt-in source.