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Technical Support Document

Prevention of Significant 

Deterioration and Title V Greenhouse 

Gas Tailoring Rule Step 3; Synthetic 

Minor Authority Regulatory Text

February 2012 

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§ 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 contains 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 CO2e and computed in accordance 

with paragraph (b)(49)(ii) of this section) specified 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 paragraph (b)(23)(i) of this section, or when no 

significant rate for GHG is contained in that paragraph, 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 reduction on either a tpy mass basis, or on a 

CO2e 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 as 
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practical matter. 

 (iv) Nothing in this paragraph relieves an owner or operator of a GHG-emitting source 

from complying with any federal or state requirements 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 requests

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 thresholds contained in 

paragraph (b)(1) of this section, and is also: 

 (a) A major stationary source for any other regulated NSR pollutant; 

 (b) A new major stationary that will emit or have the potential to emit 100,000 tpy CO2e; 

or 

 (c) A stationary source that emits or has the potential to emit 100,000 tpy CO2e. 

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(iii) GHG synthetic minor permit means a permit that the Administrator issues to a GHGemitting source that contains one or more emissions 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 increase from the GHG-emitting source, and/or creates 

a creditable emissions reduction for GHGs under 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 synthetic minor permit, would have the potential to emit GHGs in 

amounts that are at or above the subject to regulation thresholds contained in paragraph (b)(49) 

of this section, and the major stationary source thresholds 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 operator 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 commencement date of construction, the anticipated 

completion date, and the anticipated date each emissions unit will resume or begin regular 
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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 paragraph (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 limitations 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 for which the permit applicant requests that 

the Administrator establish an emissions limitation, 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 period, 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 air pollution control equipment under present 
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and anticipated operating conditions. 

(g) Estimates of the current actual emissions, including 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 requirements with which the emissions unit must 

comply. 

(vi) Any other information specifically 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 Preamble 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 application, the Administrator will determine if it 

contains the information specified in paragraph (cc)(3) of this section. 

(iii) If the Administrator determines that 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 determines 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 additional information within 60 days of receipt of 

the permit application. The application is deemed complete if the Administrator does not request 

additional information, or send a notice of complete application postmarked within 60 days of 

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receipt of the permit application. 

Option 2 for paragraphs (cc)(4)(ii) and (iii): 

(ii) Within 30 days after receipt of an application, the Administrator will determine if it 

contains the information specified in paragraph (cc)(3) of this section. 

(iii) If the Administrator determines that 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 determines 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 synthetic minor permit or a written explanation of 

the reasons for a decision to deny the application for the synthetic minor permit. 

(vii) The final synthetic minor permit is subject to administrative and 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 requests comment on the appropriateness of EAB review.]

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(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 effective 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 emissions limitation that is legally enforceable and 

enforceable as a practical matter, and is expressed 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 CO2e basis that is expressed over the 

shortest practical time period and that is legally enforceable and enforceable as a practical 

matter. If it is impracticable to impose a numerical limitation, then the Administrator may 

establish pollution prevention requirements, design standards, equipment standards, work 

practices, operational standards, or maintenance standards, when the Administrator can compute 

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

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GHG and the requirements are legally enforceable and enforceable as a practical matter. The 

Administrator may also establish any combination of the above requirements. 

(c) A statement that the emissions limitation applies at all times including startup, 

shutdown, and malfunction unless a separate emissions 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 operator will use to convert the monitoring 

system data to emissions data to demonstrate 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-instrumental 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 emissions 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. 
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(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 application and any additional 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 emissions and calculations for each emissions unit 

subject to an emissions limitation 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 permit requirements, including those attributable 

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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, attesting 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 construction activity completes, and when regular 

operations begin, for any project involving or affecting any emissions unit that is subject to a 

requirement in the synthetic minor permit. 

(e) A requirement to provide all reports electronically, 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 activities 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 notification 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 reference the permit application. 
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 (vi) Severability clause. A statement stating that the provisions of this synthetic minor 

permit are severable, and if any provision of the 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 emissions units at your source. Noncompliance with any 

permit term or condition is a violation of the permit 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 permitted activity in order to maintain compliance with 

the conditions of this permit. 

(c) The Administrator may reopen, revise, terminate 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 rights 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 request in writing to determine whether cause exists 

for reopening, revising, revoking, or terminating the permit or to determine 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. 
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(g) You, as the permittee, must allow a representative of the Administrator (who must 

comply with the safety requirements of the permittee) to: 

(1) Enter upon your premises where the source is located or emissions-related activity is 

conducted, or where records are 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 written, 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 available 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 requested by the Administrator. 

(c) The Administrator's analysis of the application and any relevant, additional 

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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, the 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 permit 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, and 

the state, and local air pollution authorities having jurisdiction in the area in which the GHGemitting source is located. 

(2) The Administrator will use appropriate means of notification, depending on such 

factors as the nature and size of your source, 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 more 
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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 limitation(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 section for the public to submit comments on the 

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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 reasonably 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 under 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 degree 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 more issues involved in the permit decision. 

(c) The Administrator must provide notice, consistent with the requirements in paragraph 

(cc)(6)(ii) of this section, that the Administrator 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 limits on the time allowed for oral statements 

at the hearing. 
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 (e) The Administrator must make a tape recording or written transcript of any hearing 

available to the public as part of the final administrative 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 writing, and if the permit is denied, of the reasons 

for such denial. The Administrator must also provide 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 effective 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 under 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 Administrator notifies the Environmental Appeals 

Board, and the applicant, and all of the interested parties, that the permit contains uncontested 

and severable conditions, in which case, these 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 draft 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 

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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 for 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 for the final permit that the Administrator 

considered in the final decisionmaking. 

(b) The Administrator must add the additional 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 materials 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 requests comment on inclusion of the requirements in this paragraph)

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Permit decisions may be appealed according 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, will 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 Administrator 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 the 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. 

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(vi) Administrative permit revision. The following provisions govern administrative 

permit revisions. 

(a) An administrative permit revision is a permit 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. 

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