---
kind: "section"
citation: "40 C.F.R. § 70.13"
title: "40"
number: "70.13"
heading: "Documents that may be considered in reviewing petitions."
url: "https://uscodex.org/cfr/40/70.13"
---

# §70.13. Documents that may be considered in reviewing petitions.


The information that the Administrator considers in making a determination whether to grant or deny a petition submitted under [§ 70.8(d)](/cfr/40/70.8.md?p=d) of this part on a proposed permit generally includes the petition itself, including attachments to the petition, and the administrative record for the proposed permit. For purposes of this paragraph, the administrative record for a particular proposed permit includes the draft and proposed permits; any permit applications that relate to the draft or proposed permits; the statement required by [§ 70.7(a)(5)](/cfr/40/70.7.md?p=a-5) (sometimes referred to as the `statement of basis'); any comments the permitting authority received during the public participation process on the draft permit; the permitting authority's written responses to comments, including responses to all significant comments raised during the public participation process on the draft permit; and all materials available to the permitting authority that are relevant to the permitting decision and that the permitting authority made available to the public according to [§ 70.7(h)(2)](/cfr/40/70.7.md?p=h-2) of this part. If a final permit is available during the agency's review of a petition on a proposed permit, that document may also be considered as part of making a determination whether to grant or deny the petition.


## Notes

### Amendments

[85 FR 6446, Feb. 5, 2020]

### Authority

Authority: 42 U.S.C. 7401, et seq.

### Source

Source: 57 FR 32295, July 21, 1992, unless otherwise noted.

### Amendments

[85 FR 6446, Feb. 5, 2020]