---
kind: "section"
citation: "40 C.F.R. § 72.81"
title: "40"
number: "72.81"
heading: "Permit modifications."
url: "https://uscodex.org/cfr/40/72.81"
---

# §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)](/cfr/40/72.44.md?p=g-1-i) and [(2)](/cfr/40/72.44.md?p=g-1-2) 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](/cfr/40/72.82.md) of this part:
  - (1) Consistent with [paragraph (a)](#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](/cfr/40/72.43.md) of this part, may use the administrative permit amendment procedures under [§ 72.83](/cfr/40/72.83.md) 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)](#c-1) of this section, a requested permit modification shall be treated as a permit application, to the extent consistent with § [72.80 (c)](/cfr/40/72.80.md?p=c) and [(d)](/cfr/40/72.80.md?p=d).

## Notes

### Amendments

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

### Authority

Authority: 42 U.S.C. 7401, 7403, 7410, 7411, 7426, 7601, et seq.

### Source

Source: 58 FR 3650, Jan. 11, 1993, unless otherwise noted.

### Amendments

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