[Code of Federal Regulations]
[Title 40, Volume 14]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR74.12]

[Page 179-180]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 74--SULFUR DIOXIDE OPT-INS--Table of Contents
 
                    Subpart B--Permitting Procedures
 
Sec. 74.12  Opt-in permit contents.

    (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 Sec. 74.16 for combustion sources or under Sec. 74.17 
for process sources or, if applicable, all elements required for a 
complete opt-in permit renewal application as provided in Sec. 74.19 for 
combustion sources or under Sec. 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;
    (3) The standard permit requirements as provided under Sec. 72.9 of 
this chapter, except that the provisions in Sec. 72.9(d) of this chapter 
shall not be included in the opt-in permit; and
    (4) Termination. The provision that participation of a combustion or 
process source in the Acid Rain Program may be terminated only in 
accordance with Sec. 74.18 (withdrawal), Sec. 74.46 (shutdown, 
reconstruction, or change in affected status), and Sec. 74.50 (deducting 
allowances).
    (d) Each opt-in permit is deemed to incorporate the definitions of 
terms under Sec. 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 
Sec. 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

[[Page 180]]

years and may be renewed in accordance with Sec. 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.