Current through October 31, 2024
Section 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 § 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 § 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 § 72.43 of this part, may use the administrative permit amendment procedures under § 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 § 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