[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: 40CFR72.83]
[Page 77-78]
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
PART 72--PERMITS REGULATION--Table of Contents
Subpart H--Permit Revisions
Sec. 72.83 Administrative permit amendment.
(a) Acid Rain permit revisions that shall follow the administrative
permit amendment procedures are:
(1) Activation of a compliance option conditionally approved by the
permitting authority; provided that all requirements for activation
under subpart D of this part are met;
(2) Changes in the designated representative or alternative
designated representative; provided that a new certificate of
representation is submitted;
(3) Correction of typographical errors;
(4) Changes in names, addresses, or telephone or facsimile numbers;
(5) Changes in the owners or operators; provided that a new
certificate of representation is submitted within 30 days;
(6)(i) Termination of a compliance option in the permit; provided
that all requirements for termination under subpart D of this part are
met and this procedure shall not be used to terminate a repowering plan
after December 31, 1999 or a Phase I extension plan;
(ii) For opt-in sources, termination of a compliance option in the
permit; provided that all requirements for termination under Sec. 74.47
of this chapter are met.
(7) Changes in a substitution or reduced utilization plan that do
not result in the addition of a new substitution unit or a new
compensating unit under the plan;
(8) Changes in the date, specified in a unit's Acid Rain permit, of
commencement of operation of qualifying Phase I technology, provided
that they are in accordance with Sec. 72.42 of this part;
(9) Changes in the date, specified in a new unit's Acid Rain permit,
of commencement of operation or the deadline for monitor certification,
provided that they are in accordance with Sec. 72.9 of this part;
(10) The addition of or change in a nitrogen oxides alternative
emissions limitation demonstration period, provided that the
requirements of part 76 of this chapter are met; and
(11) Changes in a thermal energy plan that do not result in the
addition or subtraction of a replacement unit or any change affecting
the number of allowances transferred for the replacement of thermal
energy.
(12) The addition of a NOX early election plan that was
approved by the Administrator under Sec. 76.8 of this chapter;
(13) The addition of an exemption for which the requirements have
been met under Sec. 72.7 or Sec. 72.8 and
(14) Incorporation of changes that the Administrator has determined
to be similar to those in paragraphs (a)(1) through (13) of this
section.
(b)(1) The permitting authority will take final action on an
administrative permit amendment within 60 days, or, for the addition of
an alternative emissions limitation demonstration period, within 90
days, of receipt of the requested amendment and may take such action
without providing prior public notice. The source may implement any
changes in the administrative permit amendment immediately upon
submission of the requested amendment, provided that the requirements of
paragraph (a) of this section are met.
(2) The permitting authority may, on its own motion, make an
administrative permit amendment under paragraph (a)(3), (a)(4), (a)(12),
or (a)(13) of this section at least 30 days after providing notice to
the designated representative of the amendment and
[[Page 78]]
without providing any other prior public notice.
(c) The permitting authority will designate the permit revision
under paragraph (b) of this section as having been made as an
administrative permit amendment. Where a State is the permitting
authority, the permitting authority shall submit the revised portion of
the permit to the Administrator.
(d) An administrative amendment shall not be subject to the
provisions for review by the Administrator and affected States
applicable to a permit modification under Sec. 72.81.
[58 FR 3650, Jan. 11, 1993, as amended at 60 FR 17114, Apr. 4, 1995; 62
FR 55485, Oct. 24, 1997; 66 FR 12978, Mar. 1, 2001]