# 97.283 Applying for CAIR opt-in permit.
(a) *Applying for initial CAIR opt-in permit.* The CAIR designated representative of a unit meeting the requirements for a CAIR SO<sub>2</sub> opt-in unit in § 97.280 may apply for an initial CAIR opt-in permit at any time, except as provided under § 97.286(f) and (g), and, in order to apply, must submit the following:
(1) A complete CAIR permit application under § 97.222;
(2) A certification, in a format specified by the permitting authority, that the unit:
(i) Is not a CAIR SO<sub>2</sub> unit under § 97.204 and is not covered by a retired unit exemption under § 97.205 that is in effect;
(ii) Is not covered by a retired unit exemption under § 72.8 of this chapter that is in effect;
(iii) Is not and, so long as the unit is a CAIR SO<sub>2</sub> opt-in unit, will not become, an opt-in source under part 74 of this chapter;
(iv) Vents all of its emissions to a stack; and
(v) Has documented heat input for more than 876 hours during the 6 months immediately preceding submission of the CAIR permit application under § 97.222;
(3) A monitoring plan in accordance with subpart HHH of this part;
(4) A complete certificate of representation under § 97.213 consistent with § 97.282, if no CAIR designated representative has been previously designated for the source that includes the unit; and
(5) A statement, in a format specified by the permitting authority, whether the CAIR designated representative requests that the unit be allocated CAIR SO<sub>2</sub> allowances under § 97.288(b) or § 97.288(c) (subject to the conditions in §§ 97.284(h) and 97.286(g)), to the extent such allocation is provided in a State implementation plan revision submitted in accordance with § 51.124(r)(1), (2), or (3) of this chapter and approved by the Administrator. If allocation under § 97.288(c) is requested, this statement shall include a statement that the owners and operators of the unit intend to repower the unit before January 1, 2015 and that they will provide, upon request, documentation demonstrating such intent.
(b) *Duty to reapply.* (1) The CAIR designated representative of a CAIR SO<sub>2</sub> opt-in unit shall submit a complete CAIR permit application under § 97.222 to renew the CAIR opt-in unit permit in accordance with the permitting authority's regulations for title V operating permits, or the permitting authority's regulations for other federally enforceable permits if applicable, addressing permit renewal.
(2) Unless the permitting authority issues a notification of acceptance of withdrawal of the CAIR SO<sub>2</sub> opt-in unit from the CAIR SO<sub>2</sub> Trading Program in accordance with § 97.286 or the unit becomes a CAIR SO<sub>2</sub> unit under § 97.204, the CAIR SO<sub>2</sub> opt-in unit shall remain subject to the requirements for a CAIR SO<sub>2</sub> opt-in unit, even if the CAIR designated representative for the CAIR SO<sub>2</sub> opt-in unit fails to submit a CAIR permit application that is required for renewal of the CAIR opt-in permit under paragraph (b)(1) of this section.
[65 FR 2727, Jan. 18, 2000, as amended at 71 FR 74795, Dec. 13, 2006]