TECHNICAL CORRECTIONS TO CLEAN AIR ACT
OPERATING PERMITS RULE
40 C.F.R. Part 70
July 2, 1992
The following is a summary of the technical changes EPA made to the version of the
Clean Air Act operating permit program rule signed on June 25, 1992. These
corrections are designed to correct mistaken cross-referencess, clarify the intent of the
June 25, 1992 rule, and make the format of the regulation consistent. The page numbers
below refer to the pages of the June 25, 1992 rule as it appears in the EPA Air Docket.
Preamble
50 Added sentence clarifying that EPA's rulemaking under section 112(g) of
the Act will determine the procedures for incorporating the requirements
of 112(g) into operating permits.
98 Added sentence explaining the provision in the rule regarding the source's
obligation to keep records of "off-permit" changes.
107 Added sentence reaffirming the point described above, on page 50 of the
preamble.
160 - 161 Conformed preamble to the rule by deleting phrase suggesting that the rule
requires a comment period for minor permit modifications.
162 In second full sentence, changed "EPA may well conclude . . ." to "EPA
concluded . . .."
173 In second full sentence, changed "Congress awareness and implicit
ratification . . ." [sic] with "Congress endorsed this . . .."
186 - 187 Clarified that the rule requires an opportunity for EPA and affected state
review of permit modifications.
200 Clarified that EPA may object to permits where the permit is not in
compliance with the applicable requirements of the Act or the
requirements of the operating permits rule.
Regulation
266 Clarified that paragraph (5) only requires information in the permit
application to implement and enforce the applicable requirements of the
Act or the requirements of the operating permits rule.
269 Clarified that paragraph (iv) requires the source to indicate its compliance
status with applicable enhanced monitoring and compliance certification
requirements of the Act.
272 Clarified under paragraphs (ii)(A) and (B) that sources must keep copies
of required monitoring. Removed mistaken cross-references at the
beginning of paragraphs (ii) and (iii).
276 In paragraph (10)(ii), corrected the format for the cross-reference to
section 70.6(f).
279 In paragraph (5)(ii), clarified that permits must include the monitoring
established under section 70.6(a)(3) of the rule.
284 In paragraph (3)(iv), corrected the cross-reference in the second sentence
from paragraph "(a)(3)(iv)(B)" to "(a)(3)(iii)(B)."
285 In paragraph (ii), clarified that group processing procedures under section
70.7(e)(3) (a subset of section 70.7(e)(2)'s minor modification procedures)
need not include public participation procedures under section 70.7(h). In
paragraph (iii), clarified that all permit modifications are subject to
affected state review under section 70.8(b).
287 In paragraph (b), corrected the format for the cross-references at the
beginning of the first sentence.
293 Added "whichever is first" to first sentence of paragraph (iv).
297 - 298 In paragraph (4)(i), clarified that the significant modification procedures
are the residual category for all changes that do not qualify as a minor
permit modification or an administrative amendment.
302 In paragraph (2), corrected the cross-reference from section
"70.4(a)(3)(viii)" to "70.4(b)(3)(viii)."
312 In paragraph (d), added language inadvertently omitted from rule to clarify
EPA's authority to ask for a periodic accounting of how fees are used.
319 In paragraph (iii), clarified that state programs must provide for criminal
fines for knowingly false material statements, consistent with section
113(c)(2)(A) of the Act.
PMTTECH.CO2
Please e-mail any comments or questions to the Clean Air Act Information Network.
Return to the Clean Air Act Information Network Home Page