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# Technical Support Document

**Prevention of Significant**  **Deterioration and Ti tle V Greenhouse**  **Gas Tailoring Rule Step 3; Synthetic**  **Minor Authority Regulatory Text** 

**February 2012** Formatted: Font: 20 pt Formatted: Centered

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2 Deleted: 16 § 52.21 Prevention of significant deterioration of air quality.

* * * * * (cc) Synthetic minor permits. The provisions in paragraphs (cc)(1) through (cc)(7) of this section govern issuance of, and compliance with, synthetic minor permits that the Administrator may issue to owners or operators of GHG-emitting sources. (1) Authority to issue GHG synthetic minor permits. (i) The Administrator may issue a GHG synthetic minor permit, when requested by the owner or operator of a GHG-emitting source that cont ains one or more emissions limitations that have the effect of reducing the potential to emit GHGs to: (a ) Below a level of GHG emissions (expressed as CO 2 e and computed in accordance with paragraph (b)(49)(ii) of this section) speci fied in the “subject to regulation” definition contained in paragraph (b)(49)(iv) of this section; (b ) Below the major stationary source applicability thresholds contained in paragraph (b)(1) of this section; and/or (c ) Below the significant rate contained in paragr aph (b)(23)(i) of this section, or when no significant rate for GHG is contained in that para graph, to a level of no net emissions increase as specified in paragraph (b)(23)(ii) of this section. (ii) The Administrator may issue a GHG synthetic minor permit for purposes of: (a ) Allowing the GHG-emitting source to avoid applicability of paragraphs (j) through (r)(5) of this section, for that source’s GHG emissions, or (b ) Establishing a creditable GHG emissions redu ction on either a tpy mass basis, or on a

CO 2 e basis (as computed in accordance with paragraph (b)(49)(ii) of this section). (iii) Such permits shall contain restrictions that are legally enforceable and enforceable asDRAFT 2/ 23 /2012

3 Deleted: 16 practical matter. (iv) Nothing in this paragraph relieves an owner or operator of a GHG-emitting source from complying with any federal or state requir ements that otherwise apply to the source. (2) Definitions. For purposes of paragraph (cc) of this section, the definitions in paragraphs (cc)(2)(i) through (cc)(2)(iv) of this section apply. When a term is not defined in these paragraphs, it shall have the meaning given in paragraph (b) of this section or in the Act. (i) Emissions limitation means a requirement established by the Administrator which

limits [ consistent with Section VI. B. 7 of the Preamble to the Proposed Rule, EPA request s

comment on the use of the alternative phrase “ which has the effect of limiting ” ] the quantity, rate, or concentration of GHG emissions on a continuous basis, including any requirement relating to the operation or maintenance of one or more emissions units to assure continuous emissions reduction, and any design standard, equipment standard, work practice, operational standard, or pollution prevention technique when the Administrator can compute the effect of such requirements on the potential to emit GHGs of the emission unit(s)o and such requirement is legally enforceable and enforceable as a practical matter. (ii) GHG-emitting source means any stationary source that emits or has the potential to

emit GHGs in amounts that are at or above the major stationary source th resholds contained in paragraph (b)(1) of this section, and is also: (a ) A major stationary source for a ny other regulated NSR pollutant; (b ) A new major stationary that will emit or have the potential to emit 100,000 tpy CO 2 e;

or (c ) A stationary source that emits or has the potential to emit 100,000 tpy CO 2 e. Deleted: (

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4 Deleted: 16 (iii) GHG synthetic minor permitmeans a permit that the Administrator issues to a GHGemitting source that contains one or more emissi ons limitations that allows the source to become a GHG synthetic minor source; reduces potential to emit GHGs to a level below the significant rate contained in paragraph (b)(23) of this paragraph; reduces potential to emit GHGs to a level

that assures that there is no net emissions in crease from the GHG-emitting source, and/or creates

a creditable emissions reduction for GHGs und er paragraph (b)(3) of this section. (iv) GHG synthetic minor source means a GHG-emitting source that, in absence of the

Administrator’s issuance of a s ynthetic minor permit, would have the potential to emit GHGs in amounts that are at or above the subject to regu lation thresholds contained in paragraph (b)(49) of this section, and the major stationary source th resholds contained in paragraph (b)(1) of this section, but has obtained a synthetic minor permit to limit the potential to emit GHGs to below

either of these amounts.

(3) Permit application requirements. As part of a permit application requesting a GHG synthetic minor permit, the owner or operato r of a GHG-emitting source shall submit the following information to the Administrator for approval: (i) Identifying information, including the name and address of the owner or operator (and plant name and address if different), and the name and telephone number of the plant manager/contact. (ii) A description of any ongoing or future planned construction activity that involves or affects emission units identified in paragraph (cc)(3 )(iii) of this section, or involves construction of new emissions unit(s); and the commencemen t date of construction, the anticipated completion date, and the anticipated date each emissions unit will resume or begin regularDRAFT 2/ 23 /2012

5 Deleted: 16 operations. (iii) A list of all emissions units that are located at the GHG-emitting source that emit GHGs; and any new emissions units identified in paragraph (cc)(3)(ii) of this section. (iv) For each emissions unit identified in paragr aph (cc)(3)(iii) of this section, the unit’s potential to emit GHGs along with supporting calculations. (a ) For purposes of this application, the potential to emit of each emissions unit shall be computed without considering any emissions limita tions that might be established through the Administrator’s issuance of a GHG synthetic minor permit. (b ) Such calculations shall include fugitive emissions, to the extent that they are quantifiable, if the emissions unit or GHG- emitting source belongs to one of the source categories listed in paragraph (b)(1)(iii) of this section. (v) An identification of each emissions unit fo r which the permit applicant requests that

the Administrator establish an emissions limi tation, along with the following information: (a ) The proposed emissions limitation for each emissions unit and a description of its effect on the potential to emit of the emissions unit. The proposed emission limitations must be expressed over the shortest practicable time peri od, taking into consideration the operation of the source and the methods to be used for demonstrating compliance. (b ) Proposed testing, monitoring, recordkeeping, and reporting requirements to be used to demonstrate and assure compliance with the proposed emissions limitation. (c ) A description of the production processes. (d ) Identification of the emissions units. (e ) Type and quantity of fuels and/or raw materials used, if applicable. (f

) Description and estimated efficiency of ai r pollution control equipment under presentDRAFT 2/ 23 /2012

6 Deleted: 16 and anticipated operating conditions. (g ) Estimates of the current actual emissions, in cluding all calculations for the estimates. (h ) Estimates of the potential to emit that would result from compliance with the proposed emissions limitation, including all calculations for the estimates. (i ) An identification of other federal require ments with which the emissions unit must comply. (vi) Any other information specifical ly requested by the Administrator. (4) Procedures for obtaining a synthetic minor permit. (i) The owner or operator of the GHG-emitting source must submit a permit application to the Administrator. The application must contain the information specified in paragraph (cc)(3)

of this section. [ consistent with Section VI. B. 7 of the Preamb le to the Proposed Rule, EPA requests comment on the following two options for addressing completeness determinations] Option 1 for paragraphs (cc)(4)(ii) and (iii): (ii) Within 60 days after receipt of an app lication, the Administrator will determine if it contains the information specified in paragraph (cc)(3) of this section. (iii) If the Administrator determines th at the application is not complete, the Administrator will request additional information from the owner or operator as necessary to process the application. If the Administrator de termines that the application is complete, the Administrator will notify the owner or operator in writing. The Administrator should postmark the completeness determination or request for additi onal information within 60 days of receipt of the permit application. The application is deemed complete if the Administ rator does not request additional information, or send a notice of complete application postmarked within 60 days of Formatted FormattedDRAFT 2/ 23 /2012

7 Deleted: 16 receipt of the permit application. Option 2 for paragraphs (cc)(4)(ii) and (iii): (ii) Within 30 days after receipt of an app lication, the Administra tor will determine if it contains the information specified in paragraph (cc)(3) of this section. (iii) If the Administrator determines th at the application is not complete, the Administrator will request additional information from the owner or operator as necessary to process the application. If the Administrator de termines that the application is complete, the Administrator will notify owner or operator in writing. The Administrator should postmark the completeness determination or request for additional information within 30 days of receipt of the permit application by the Administrator. (iv) The Administrator will prepare a draft synthetic minor permit that describes the proposed emissions limitation(s) and the effect of such emissions limitation(s) on the potential emissions from any projects identified in paragraph (cc)(3)(ii) of this section, and the potential to emit GHGs of both the emissions units identified in paragraph (cc)(3)(iii) of this section and the GHG-emitting source. (v) The Administrator must provide an opportunity for public comment and public participation on the draft synthetic minor permit as set out in paragraphs (cc)(6) of this section. (vi) After the close of the public comment period, the Administrator will review all comments received and either prepare a final sy nthetic minor permit or a written explanation of the reasons for a decision to deny the a pplication for the synthetic minor permit. (vii) The final synthetic minor permit is subj ect to administrative a nd judicial review as set out in paragraph (cc )(7) of this section. [ consistent with Section VI. B. 7 of the Preamble to the Proposed Rule, EPA request s comment on the appropriateness of EAB review. ] Deleted: (

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8 Deleted: 16 (5) Permit Content The permit must include the requirements in paragraphs (cc)(5)(i) through (vii) of this section. (i) General Requirements . The following elements must be included in the permit: (a ) The effective date of the permit, and an ef fective date for any terms and conditions of the permit, if such date differs from the effective date of the permit; and (b ) An identification of the emissions units subject to the permit and each emissions

unit’s associated emissions limitations. (ii) Emissions limitations . The permit must contain one or more emissions limitations.

Each emissions limitation must meet the requirements of paragraphs (cc)(5)(ii)(a ) through (d ) of

this section (a ) To effectively reduce the potential to emit of one or more emissions units at the GHGemitting source, the permit must include an emi ssions limitation that is legally enforceable and enforceable as a practical matter, and is expres sed over the shortest practicable time period, generally not to exceed a 12-month rolling total. (b ) Such emissions limitation must consist of one or more numerical limitations on the [ consistent with Section VI. B. 7 of the Preamble to the Proposed Rule, EPA requests comment on the use of the alternative phrase “that has the effect of limiting the”] quantity, rate, or

concentration of GHG emissions on either a mass or CO 2 e basis that is expressed over the shortest practical time period and that is le gally enforceable and enforceable as a practical matter. If it is impracticable to impose a nu merical limitation, then the Administrator may establish pollution prevention requirements, de sign standards, equipment standards, work practices, operational standards, or maintenance standards, when the Administrator can compute

the effect of such restrictions on the emissi ons unit’s or GHG-emitting source’s potential to emit Formatted Formatted

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9 Deleted: 16 GHG and the requirements are legally enforceable and enforceable as a practical matter. The Administrator may also establish any comb ination of the above requirements. (c ) A statement that the emissions limitation applies at all times including startup, shutdown, and malfunction unless a separate emissi ons limitation applies to these emissions, and such emissions are expressly excluded from an emissions limitations, or the Administrator directs otherwise in the permit. (d ) The calculation procedure the owner or ope rator will use to convert the monitoring system data to emissions data to demonstr ate compliance with the emissions limitation. (iii) Monitoring requirements . The permit must include monitoring requirements sufficient to assure compliance with the emissions limitations. The Administrator must require, as appropriate, any of the requirements in paragraphs (cc)(5)(iii)(a ) and (b ) of this section. (a ) A requirement to monitor, including analysis procedures, test methods, periodic testing, instrumental monitoring, and non-in strumental monitoring. Such monitoring requirements shall assure use of test methods, units, averaging periods, and other statistical conventions consistent with the required emissions limitations. (b ) As necessary, requirements concerning the use, maintenance, and installation of monitoring equipment or methods. (iv) Recordkeeping requirements . The permit must include recordkeeping requirements sufficient to assure compliance with the emissi ons limitations and monitoring requirements, and must require the elements in paragraphs (cc)(5)(iv)(a ) through (c ) of this section. (a ) Records of required monitoring information that include the information in paragraphs (cc)(5)(iv)(a )(1 ) through (6 ) of this section, as appropriate. (1 ) The location, date, and time of sampling or measurements.DRAFT 2/ 23 /2012

10 Deleted: 16 (2 ) The date(s) analyses were performed. (3 ) The company or entity, and the name of the specific individuals that performed the analyses. (4 ) The analytical techniques or methods used. (5 ) The results of such analyses. (6 ) The operating conditions existing at the time of sampling or measurement. (b ) Retention for 5 years of records of all required monitoring data and support information for the monitoring sample, measurement, report, or application. Support information may include all calibration and maintenance records, all original strip-chart recordings or digital records for continuous monitoring instrumentation, and copies of all reports required by the permit. (c ) A copy of the synthetic minor permit ap plication and any addi tional information requested by the Administrator to support the application. (v) Reporting requirements . The permit must include the reporting requirements in paragraphs (cc)(5)(v)(a ) through (d ) of this section. (a ) Annual submittal of total GHG emission s and calculations for each emissions unit subject to an emissions limitati on in the synthetic minor permit. Such calculations shall be based on the terms and conditions in the permit that limit ( consistent with Section VI. B. 7 of the Preamble to the Proposed Rule, EPA requests comment on the use of the alternative phrase

“ that have the effect of limiting ” ) GHG emissions. Where necessary for a calculation of annual GHG emissions, the permit must require reporting of actual hours of operation, material used,

and other relevant metrics. (b ) Prompt reporting of deviations from perm it requirements, including those attributable Deleted: :DRAFT 2/ 23 /2012

11 Deleted: 16 to upset conditions as defined in the permit, the probable cause of such deviations, and any corrective actions or preventive measures taken. Within the permit, the Administrator must define “prompt” in relation to the degree and type of deviation likely to occur and the applicable

emissions limitations. (c ) For each requirement in the permit, an annual submission of a compliance certification signed by the owner or operator, at testing to the GHG-emitting source’s compliance with such requirement, or a statement that the GHG-emitting source failed to comply with the requirement and an explanation of such non-compliance. For purposes of complying with this reporting requirement, the owner or operator may concurrently attest to all requirements with which it complied, but must address each requirement with which is failed to comply separately. (d ) A requirement to notify the Administrator in writing within 30 days from the date the operator begins actual construction, and any cons truction activity completes, and when regular operations begin, for any project involving or af fecting any emissions unit that is subject to a requirement in the synthetic minor permit. (e ) A requirement to provide all reports elect ronically, unless the Administrator has not provided a system for such electronic reporting. (1 ) For projects involving or affecting multiple emissions units, the notification must be submitted within 30 days from when such ac tivities first occur for any emissions unit. (2 ) If such activity was not already described in the permit application as required by paragraph (cc)(3) of this section, the notificatio n shall identify the emissions units involved in or affected by the project, and describe the nature of the construction activity and any affect such activity will have on the potential to emit of an emissions unit, or on the GHG-emitting source,

otherwise the notification should re ference the permit application.DRAFT 2/ 23 /2012

12 Deleted: 16 (vi) Severability clause . A statement stating that the prov isions of this synthetic minor permit are severable, and if any provision of th e permit is held invalid, the remainder of the permit shall not be affected. (vii) Additional provisions . The permit must also contain provisions stating the requirements in paragraphs (cc)(5)(vii)(a ) through (g ) of this section. (a ) You, as the permittee, must comply with all conditions of your permit, including emissions limitations that apply to the emission s units at your source. Noncompliance with any permit term or condition is a violation of the perm it and may constitute a violation of the Act and is grounds for enforcement action and for a permit termination or revocation. (b ) It is not a defense for you, as the permittee, in an enforcement action that it would have been necessary to halt or reduce the permitte d activity in order to maintain compliance with the conditions of this permit. (c ) The Administrator may reopen, revise, term inate or revoke the permit. The filing of a request by you, as the permittee, for a permit revision, revocation, or termination, or of a notification of planned changes or anticipated noncompliance does not stay any permit condition. (d ) The permit does not relieve the permittee from complying with any federal or state requirements that otherwise apply to the source. (e ) The permit does not convey any property righ ts of any sort or any exclusive privilege. (f

) You, as the permittee, shall furnish to the Administrator, within a reasonable time, any information that the Administrator may reques t in writing to determine whether cause exists for reopening, revising, revoking, or terminatin g the permit or to determ ine compliance with the permit. For any such information claimed to be confidential, you must also submit a claim of confidentiality in accordance with part 2, subpart B of this chapter.DRAFT 2/ 23 /2012

13 Deleted: 16 (g ) You, as the permittee, must allow a repr esentative of the Admi nistrator (who must comply with the safety requir ements of the permittee) to: (1 ) Enter upon your premises where the source is located or emissions-related activity is conducted, or where records ar e required to be kept under the conditions of the permit; (2 ) Have access to and copy, at reasonable times, any records that are required to be kept under the conditions of the permit; (3 ) Inspect, during normal business hours or while the source is in operation, any facilities, equipment (including monitoring and air pollution control equipment), practices, or operations regulated or required under the permit; (4 ) Sample or monitor, at reasonable times, substances or parameters for the purpose of determining compliance with the permit or other applicable requirements; and (5 ) Record any inspection by use of writte n, electronic, magnetic, and photographic

media. (6) Public participation requirements. This paragraph applies to the issuance of synthetic minor permits. (i) Public availability of documents. With the exception of any confidential information as defined in part 2, subpart B of this chapter, the Administrator must make available for public inspection the documents listed in paragraphs (cc)(6)(i)(a ) through (d ) of this section. The Administrator must make such information avai lable for public inspection at the appropriate EPA Regional Office. (a ) All information submitted as part of an application for a permit. (b ) Any additional information requ ested by the Administrator. (c ) The Administrator's analysis of the application and any relevant, additional Formatted FormattedDRAFT 2/ 23 /2012

14 Deleted: 16 information submitted by the source. (d ) A copy of the draft permit or the decision to deny the permit with the justification for

denial. (ii) Public notice requirements. (a ) Before issuing a synthetic minor permit, th e Administrator must prepare a draft permit and must provide adequate public notice to ensure that the area affected has reasonable access to the application and draft perm it information, as set out in paragraphs (cc)(6)(ii)(a )(1 ) and (2 ) of this paragraph The public notice must provide an opportunity for public comment, and may provide notice of a public hearing on the draft permit. (1 ) The Administrator must mail a copy of the notice to the GHG-emitting source, andthe state, and local air pollution authorities having jurisdiction in the area in which the GHGemitting source is located. (2 ) The Administrator will use appropriate me ans of notification, depending on such factors as the nature and size of your sour ce, local air quality considerations, and the characteristics of the population in the affected area. Appropriate means include those listed in paragraphs (cc)(6)(ii)(a )(2 )(i ) through (v ) of this paragraph. (i ) The Administrator may mail or e-mail a copy of the notice to persons on a mailing list developed by the Administrator consisting of those persons who have requested to be placed on such a mailing list. (ii ) The Administrator may post the notice on its website. (iii ) The Administrator may publish the notice in a newspaper of general circulation in the area affected by the source. (iv ) The Administrator may provide copies of the notice for posting at one or moreDRAFT 2/ 23 /2012

15 Deleted: 16 locations in the area affected by the source, such as post offices, trading posts, libraries, tribal environmental offices, community centers, or other gathering places in the community. (v ) The Administrator may employ other means of notification as appropriate. (b ) The notice required pursuant to paragraph (cc)(6)(ii)(a ) of this section must include the following information at a minimum: (1 ) Identifying information, including the name and address of the owner and operator of the GHG-emitting source (and plant name and address if different) and the name and telephone number of the plant manager/contact; (2 ) The name and address of the reviewing authority processing the permit action; (3 ) An explanation of any emissions changes that will result from the permit action; (4 ) A description of the proposed emissions lim itation(s) and its effect on the potential to emit of a project, one or more emissions units, or the GHG-emitting source; (5 ) Instructions for requesting a public hearing; (6 ) The name, address, and telephone number of a contact person in the reviewing authority’s office from whom additional information may be obtained; (7 ) Locations and times of availability of the information (listed in paragraph (cc)(6)(i) of this section) for public inspection; and (8 ) A statement that any person may submit written comments, a written request for a public hearing, or both, on the draft permit action and the time frames by which any person must take such action(s). (iii) Public comment. (a ) The Administrator must provide at least 30 days from the date of public notice provided under paragraph (cc)(6)(ii) of this s ection for the public to submit comments on the Formatted FormattedDRAFT 2/ 23 /2012

16 Deleted: 16 draft permit. The Administrator may extend this period if he or she determines it is appropriate

to do so. (b ) Any person may submit written comments on the draft permit during the public comment period. These comments must raise any r easonably ascertainable issue with supporting arguments by the close of the public comment period. (c ) The public comment period under paragraph (cc)(6)(iii)(a ) of this section will not close before the date of any public hearing held in accordance with paragraph (cc)(6)(iv) of this section. The hearing officer may also extend the comment period by so stating at the hearing. (iv) Public Hearing (a ) Any person may request a public hearing on a permit, but such request must be submitted to the Administrator, in writing, and must state the nature of the issues proposed to be raised at the hearing, and must be postmarked no later than 15 days after the Administrator provides public notice of the draft permit unde r paragraph (cc)(6)(ii) of this section. (b ) The Administrator must hold a hearing whenever there is, on the basis of requests and the issues raised therein, a significant degr ee of public interest in a draft permit. The Administrator may also hold a public hearing at the Administrator’s discretion whenever, for instance, such a hearing might clarify one or mo re issues involved in the permit decision. (c ) The Administrator must provide notice, cons istent with the requirements in paragraph (cc)(6)(ii) of this section, that the Administrato r will hold a public hearing. Such notice must be provided at least 15 days before the date of the hearing. Public notice of the hearing may be concurrent with that of the draft permit, and the two notices may be combined. (d ) The Administrator may set reasonable limi ts on the time allowed for oral statements at the hearing.DRAFT 2/ 23 /2012

17 Deleted: 16 (e ) The Administrator must make a tape reco rding or written transcript of any hearing available to the public as part of the final ad ministrative record for the permit under paragraph (cc)(7)(iii) of this section. (7) Final permit issuance and administrative and judicial review. (i) Notification of the final permit decision. The Administrator must notify the GHGemitting source of the final permit decision, in writin g, and if the permit is denied, of the reasons for such denial. The Administrator must also pr ovide adequate public notice of the final permit decision, consistent with the provisions in paragraph (cc)(6)(ii) of this section. (ii) Effective date of the permit. A final permit becomes effe ctive 30 days after the Administrator issues the permit, unless: (a ) A later effective date is specified in the permit; or (b ) Review of the final permit is request u nder paragraph (cc)(7)(iv), in which case the effective date of the permit is stayed until the Administrator issues a notice of final agency action under paragraph (cc)(7)(iv)(b), unless the Admi nistrator notifies the Environmental Appeals Board, and the applicant, and all of the interest ed parties, that the permit contains uncontested and severable conditions, in which case, thes e conditions shall become fully effective enforceable obligations of the permit as specified in paragraph (cc)(7)(ii)(a) of this section, but the remainder of the permit conditions will be stayed as specified in this paragraph; or (c ) The Administrator may make the permit effective immediately upon issuance if no comments requested a significant change in the dr aft permit or provided a technical justification for why the Administrator should deny the permit. (iii) Administrative record. (a ) The Administrator must base final permit decisions on an administrative record Formatted FormattedDRAFT 2/ 23 /2012

18 Deleted: 16 consisting of: (1 ) The application and any supporting data furnished by the applicant; (2 ) The draft permit or notice of intent to deny the application; (3 ) Other documents in the supporting files fo r the draft permit that the Administrator considered in the decisionmaking; (4 ) All significant comments received during the public comment period; (5 ) The tape or transcript or other electronic record of any hearing(s) held; (6 ) Any written material submitted at such hearing(s); (7 ) Any new materials placed in the record as a result of the Administrator's evaluation of public comments; (8 ) The final permit; and (9 ) Other documents in the supporting files fo r the final permit that the Administrator considered in the final decisionmaking. (b ) The Administrator must add the additio nal documents required under paragraph (cc)(7)(iii)(a ) of this paragraph to the record as soon as possible after their receipt or preparation by the Administrator. The record is complete on the date the Administrator issues the final permit. (c ) Material readily available or published mate rials that are generally available and that are included in the administrative record under the standards of paragraph (cc)(7)(iii)(a ) of this paragraph need not be physically included in the same file as the rest of the record as long as it is specifically referred to in the that file. (iv) Appealing a permit decision. ( consistent with Section VI. B. 7 of the Preamble to the Proposed Rule, EPA r equest s comment on inclusion of the requirements in this paragraph) Formatted Formatted Deleted: R Deleted: ingDRAFT 2/ 23 /2012

19 Deleted: 16 Permit decisions may be appealed ac cording to the following provisions: (a ) The Administrator delegates authority to the Environmental Appeals Board (the Board) to issue final decisions in permit appeals filed under this program. An appeal directed to the Administrator, rather than to the Board, w ill be forwarded to the Board for consideration. This delegation does not preclude the Board from referring an appeal or a motion under this program to the Administrator when the Board, in its discretion, deems it appropriate to do so. When an appeal or motion is referred to the Admi nistrator by the Board, all parties shall be so notified and the provisions of this program referring to the Board shall be interpreted as referring

to the Administrator. (b ) Any person seeking to appeal a permit decision must follow the provisions for PSD permits in §124.19 of this chapter. (c ) The final synthetic minor permit is subject to administrative and judicial review as set out in §124.19 of this chapter. (v) Permit Revisions. (a ) The Administrator may reopen, revise, terminate, or revoke requirements within the synthetic minor permit, or may take such action on the entirety of the synthetic minor permit. Such actions may be taken by the Administrator for cause on its own initiative, or at the request of the permittee. (b ) Except for administrative permit revisions identified in paragraph (cc)(7)(vi) of this section, the Administrator shall follow all of th e public participation requirements in paragraphs (cc)(6) of this section before revising, revoking, or terminating requirements in the synthetic minor permit. (c ) All changes to a permit are subject to the effective date, and administrative review requirements contained in paragraph (cc)(7 )(i) through (iv) of this section. Formatted FormattedDRAFT 2/ 23 /2012

20 Deleted: 16 (vi) Administrative permit revision. The following provisions govern administrative permit revisions. (a ) An administrative permit revision is a perm it revision that makes any of the following changes: (1 ) Corrects typographical, calculation or other errors. (2 ) Identifies a change in the name, address, or phone number of any person identified in the permit, or provides a similar minor administrative change at the source. (3 ) Requires more frequent monitoring or reporting by the permittee. (4 ) Allows for a change in ownership or operational control of a GHG-emitting source when the Administrator determines that no other change in the permit is necessary, provided that a written agreement containing a specific date for transfer of permit responsibility, coverage, and liability between the current and new permittee has been submitted to the Administrator. (5 ) Incorporates any other type of change that the Administrator determines is similar to those in paragraphs (cc)(7)(vi)(a )(1 ) through (5 ) of this section. (b ) An administrative permit revision is not subject to the permit application, issuance, public participation, or administrative requirements of this program. Formatted Formatted