{"data":{"id":"us/40-cfr-72.81","jurisdiction":"us","citation":"40 CFR 72.81","heading":"Permit modifications.","body":"(a) Permit revisions that shall follow the permit modification procedures are:\n(1) Relaxation of an excess emission offset requirement after approval of the offset plan by the Administrator;\n(2) Incorporation of a final nitrogen oxides alternative emission limitation following a demonstration period;\n(3) Determinations concerning failed repowering projects under § 72.44(g)(1)(i) and (2) of this part.\n(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:\n(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;\n(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;\n(3) Addition of a nitrogen oxides averaging plan to a permit;\n(4) Changes in a Phase I extension plan, repowering plan, nitrogen oxides averaging plan, or nitrogen oxides compliance deadline extension; and\n(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.\n(c)(1) Permit modifications shall follow the permit issuance requirements of:\n(i) Subparts E, F, and G of this part, where the Administrator is the permitting authority; or\n(ii) Subpart G of this part, where the State is the permitting authority.\n(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).","path":["Title 40—Protection of Environment","CHAPTER I—ENVIRONMENTAL PROTECTION AGENCY","SUBCHAPTER C—AIR PROGRAMS","PART 72—PERMITS REGULATION","Subpart H—Permit Revisions"],"source_url":"https://www.ecfr.gov/api/versioner/v1/full/2026-08-25/title-40.xml","current_through":"2026-08-25","vintage":"","retrieved_at":"2026-08-27T02:26:04Z","sha256":"98a5ad6793cc0252dafefb48c9c8f1d34d1535f847efbc77e1c137767b4045ad","source_id":"us-cfr","stale":true,"prev":"us/40-cfr-72.80","next":"us/40-cfr-72.82"},"notice":"GroundRules: Original legal text. Not legal advice."}