[Code of Federal Regulations]
[Title 40, Volume 9]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR63.75]

[Page 94-95]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 63--NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR SOURCE CATEGORIES--Table of Contents
 
    Subpart D--Regulations Governing Compliance Extensions for Early 
                 Reductions of Hazardous Air Pollutants
 
Sec. 63.75  Enforceable commitments.

    (a) To make an enforceable commitment an owner or operator shall 
submit a commitment to achieve the early reductions required under 
Sec. 63.72(a)(1) to the appropriate EPA Regional Office and a copy of 
the commitment to the appropriate State, except that the commitment 
shall be submitted to the State and a copy to the EPA Regional Office if 
the State has an approved permitting program under Title V of the Act. A 
copy shall also be submitted to both the EPA Stationary Source 
Compliance Division (EN-341W), 1200 Pennsylvania Ave., NW., Washington, 
DC 20460 and the EPA Emission Standards Division (MD-13), Research 
Triangle Park, NC 27711; attention both to the Early Reductions Officer. 
The commitment shall contain:
    (1) The name and address of the source;
    (2) The name and telephone number of the source owner or operator or 
other responsible official who can be contacted concerning the 
commitment;
    (3) An alternative mailing address if correspondence is to be 
directed to a location other than that given in paragraph (a)(1) of this 
section;
    (4) All information specified in Sec. 63.74(b), (c) and (e)(1)(i), 
which defines and describes the source and establishes the base year 
hazardous air pollutant emissions from the source;
    (5) The general plan for achieving the required hazardous air 
pollutant emissions reductions at the source including descriptions of 
emission control equipment to be employed, process changes or 
modifications to be made, and any other emission reduction measures to 
be used; and
    (6) A statement of commitment, signed by a responsible official of 
the source, containing the following:
    (i) A statement providing the post-reduction emission levels for 
total hazardous air pollutants and high-risk pollutants, as applicable, 
from the source on an annual basis which reflect a 90 percent (95 
percent for particulate pollutants) reduction from base year emissions;
    (ii) A statement certifying that the base year emission data 
submitted as part of the enforceable commitment constitute the best 
available data for base year emissions from the source, are correct to 
the best of the responsible official's knowledge, and are within 
allowable levels specified in any applicable law, regulation, or permit;
    (iii) A statement that it is understood by the source owner or 
operator that submission of base year emissions constitutes a response 
to an EPA request under the authority of section 114 of the Act and that 
the commitment is subject to enforcement according to Sec. 63.80; and
    (iv) A statement committing the source owner or operator to 
achieving the emission levels, listed in paragraph (a)(6), (i) of this 
section, at the source before January 1, 1994.
    (b) The following language may be used to satisfy the requirements 
of paragraphs (a)(6)(ii) through (a)(6)(iv) of this section:

    I certify to the best of my knowledge that the base year emissions 
given above are correct and constitute the best available data for base 
year emissions from the source, and acknowledge that these estimates are 
being submitted in response to an EPA request under section 114 of the 
Act. I further certify that the base year emissions provided for all 
emission points in the source do not exceed allowable emission levels 
specified in any applicable law, regulation, or permit condition. I 
commit to achieve before January 1, 1994, the stated post-reduction 
emission level(s) at the source, which will provide the 90 (95) percent 
reduction required to qualify for the

[[Page 95]]

compliance extension, and acknowledge that this commitment is 
enforceable as specified in title 40, part 63, subpart D, of the Code of 
Federal Regulations.

    (c) A commitment for a source shall be submitted prior to proposal 
of an applicable standard issued under section 112(d) of the Act. 
Commitments received after the proposal date shall be void.
    (d) If test results for one or more emission points in a source are 
required to support base year emissions in an enforceable commitment but 
are not available prior to proposal of an applicable standard issued 
under section 112(d) of the Act, the test results may be submitted after 
the enforceable commitment is made but no later than 180 days after 
proposal of an applicable standard. In such cases, the enforceable 
commitment shall contain the best substitute emission data for the 
points in the source for which test results will be submitted later.
    (e) An owner or operator may rescind such a commitment prior to 
December 1, 1993 without penalty and forfeit the opportunity to obtain a 
six year compliance extension under this subpart.
    (f) An enforceable commitment submitted under this section shall not 
be in effect and enforceable until the base year emissions contained in 
the commitment have been approved according to the procedures in 
Sec. 63.76. An owner or operator is under no obligation to continue to 
seek approval of commitments that have not been approved by December 1, 
1993.
    (g) The control measure information required under Sec. 63.74(d)(1) 
as part of post-reduction emission documentation and submitted in a 
permit application according to the provisions of Sec. 63.77 shall 
become part of an existing enforceable commitment upon receipt of the 
permit application by the permitting authority. An owner or operator 
shall notify the permitting authority of any change made to the source 
during calendar year 1994 which affects such control measure information 
and shall mail the notice within 5 days (postmark date) of making the 
change. The notice shall be considered an amendment to the source's 
enforceable commitment.

[57 FR 61992, Dec. 29, 1992, as amended at 58 FR 34370, June 25, 1993; 
58 FR 62543, Nov. 29, 1993; 59 FR 59924, Nov. 21, 1994]