[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: 40CFR72.81]

[Page 76]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 72--PERMITS REGULATION--Table of Contents
 
                       Subpart H--Permit Revisions
 
Sec. 72.81  Permit modifications.

    (a) Permit revisions that shall follow the permit modification 
procedures are:
    (1) Relaxation of an excess emission offset requirement after 
approval of the offset plan by the Administrator;
    (2) Incorporation of a final nitrogen oxides alternative emission 
limitation following a demonstration period;
    (3) Determinations concerning failed repowering projects under 
Sec. 72.44(g)(1)(i) and (2) of this part.
    (b) The following permit revisions shall follow, at the option of 
the designated representative submitting the permit revision, either the 
permit modification procedures or the fast-track modification procedures 
under Sec. 72.82 of this part:
    (1) Consistent with paragraph (a) of this section, incorporation of 
a compliance option that the designated representative did not submit 
for approval and comment during the permit issuance process; except that 
incorporation of a reduced utilization plan that was not submitted 
during the permit issuance process, that does not designate a 
compensating unit, and that meets the requirements of Sec. 72.43 of this 
part, may use the administrative permit amendment procedures under 
Sec. 72.83 of this part;
    (2) Changes in a substitution plan or reduced utilization plan that 
result in the addition of a new substitution unit or a new compensating 
unit under the plan;
    (3) Addition of a nitrogen oxides averaging plan to a permit;
    (4) Changes in a Phase I extension plan, repowering plan, nitrogen 
oxides averaging plan, or nitrogen oxides compliance deadline extension; 
and
    (5) Changes in a thermal energy plan that result in any addition or 
subtraction of a replacement unit or any change affecting the number of 
allowances transferred for the replacement of thermal energy.
    (c)(1) Permit modifications shall follow the permit issuance 
requirements of:
    (i) Subparts E, F, and G of this part, where the Administrator is 
the permitting authority; or
    (ii) Subpart G of this part, where the State is the permitting 
authority.
    (2) For purposes of applying paragraph (c)(1) of this section, a 
requested permit modification shall be treated as a permit application, 
to the extent consistent with Sec. 72.80 (c) and (d).

[58 FR 3650, Jan. 11, 1993, as amended at 60 FR 17114, Apr. 4, 1995; 62 
FR 55485, Oct. 24, 1997]