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Current as of January 02, 2025 | Updated by Findlaw Staff
(a) The opt-in permit shall be included in the Acid Rain permit.
(b) Scope. The opt-in permit provisions shall apply only to the opt-in source and not to any other affected units.
(c) Contents. Each opt-in permit, including any draft or proposed opt-in permit, shall contain the following elements in a format specified by the Administrator:
(1) All elements required for a complete opt-in permit application as provided under § 74.16 for combustion sources or under § 74.17 for process sources or, if applicable, all elements required for a complete opt-in permit renewal application as provided in § 74.19 for combustion sources or under § 74.17 for process sources;
(2) The allowance allocation for the opt-in source as determined by the Administrator under subpart C of this part for combustion sources or subpart D of this part for process sources;
(d) Each opt-in permit is deemed to incorporate the definitions of terms under § 72.2 of this chapter.
(e) Permit shield. Each opt-in source operated in accordance with the opt-in permit that governs the opt-in source and that was issued in compliance with title IV of the Act, as provided in this part and parts 72, 73, 75, 77, and 78 of this chapter, shall be deemed to be operating in compliance with the Acid Rain Program, except as provided in § 72.9(g)(6) of this chapter.
(f) Term of opt-in permit. An opt-in permit shall be issued for a period of 5 years and may be renewed in accordance with § 74.19; provided
(1) If an opt-in permit is issued prior to January 1, 2000, then the opt-in permit may, at the option of the permitting authority, expire on December 31, 1999; and
(2) If an affected unit with an Acid Rain permit is located at the same source as the combustion source, the combustion source's opt-in permit may, at the option of the permitting authority, expire on the same date as the affected unit's Acid Rain permit expires.
Cite this article: FindLaw.com - Code of Federal Regulations Title 40. Protection of Environment § 40.74.12 Opt-in permit contents - last updated January 02, 2025 | https://codes.findlaw.com/cfr/title-40-protection-of-environment/cfr-sect-40-74-12/
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