40 CFR § 70.13 - Documents that may be considered in reviewing petitions.

---
identifier: "/us/cfr/t40/s70.13"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "40 CFR § 70.13 - Documents that may be considered in reviewing petitions."
title_number: 40
title_name: "Protection of Environment"
section_number: "70.13"
section_name: "Documents that may be considered in reviewing petitions."
chapter_name: "ENVIRONMENTAL PROTECTION AGENCY"
subchapter_number: "C"
subchapter_name: "AIR PROGRAMS"
part_number: "70"
part_name: "STATE OPERATING PERMIT PROGRAMS"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "42 U.S.C. 7401,"
regulatory_source: "57 FR 32295, July 21, 1992, unless otherwise noted."
cfr_part: "70"
---


# 70.13 Documents that may be considered in reviewing petitions.

The information that the Administrator considers in making a determination whether to grant or deny a petition submitted under § 70.8(d) of this part on a proposed permit generally includes the petition itself, including attachments to the petition, and the administrative record for the proposed permit. For purposes of this paragraph, the administrative record for a particular proposed permit includes the draft and proposed permits; any permit applications that relate to the draft or proposed permits; the statement required by § 70.7(a)(5) (sometimes referred to as the `statement of basis'); any comments the permitting authority received during the public participation process on the draft permit; the permitting authority's written responses to comments, including responses to all significant comments raised during the public participation process on the draft permit; and all materials available to the permitting authority that are relevant to the permitting decision and that the permitting authority made available to the public according to § 70.7(h)(2) of this part. If a final permit is available during the agency's review of a petition on a proposed permit, that document may also be considered as part of making a determination whether to grant or deny the petition.

[85 FR 6446, Feb. 5, 2020]