[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: 40CFR63.76]

[Page 95-96]
 
                   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. 63.76  Review of base year emissions.

    (a) Pursuant to the procedures of this section, the appropriate 
reviewing agency shall review and approve or disapprove base year 
emission data submitted in an enforceable commitment under Sec. 63.75 or 
in a request letter from an applicant that wishes to participate in the 
early reduction program but who is not required to submit an enforceable 
commitment. For review requests submitted to a State agency as the 
appropriate reviewing agency, a copy of the request also shall be 
submitted to the applicable EPA Regional Office. For review requests 
submitted to the EPA Regional Office as the appropriate reviewing 
agency, a copy of the request also shall be sent to the applicable State 
agency. Copies also shall be submitted to 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; to the attention of the Early Reductions 
Officer.
    (b) Within 30 days of receipt of an enforceable commitment or base 
year emission data, the reviewing agency shall advise the applicant 
that:
    (1) The base year emission data are complete as submitted; or
    (2) The base year emission data are not complete and include a list 
of deficiencies that must be corrected before review can proceed.
    (c) EPA will publish a notice in the Federal Register which contains 
a list, accumulated for the previous month, of the sources for which 
complete base year emission data have been submitted and which are 
undergoing review either in the EPA Regional Office or a State agency 
within the EPA region. The notice will contain the name and location of 
each source and a contract in the EPA Regional Office for additional 
information.
    (d) Within 60 days of a determination that a base year emission data 
submission is complete, the reviewing agency

[[Page 96]]

shall evaluate the adequacy of the submission with respect to the 
requirements of Sec. 63.74 (b) and (c) and either:
    (1) Determine to approve the submission and publish a notice in a 
newspaper of general circulation in the area where the source is located 
or in a State publication designed to give general public notice, 
providing the aggregate base year emission data for the source and the 
rationale for the proposed approval, noting the availability of the 
nonconfidential information contained in the submission for public 
inspection in at least one location in the community in which the source 
is located, providing for a public hearing upon request by an interested 
party, and establishing a 30 day public comment period that can be 
extended to 60 days upon request by an interested party; or
    (2) Determine to disapprove the base year emission data and give 
notice to the applicant of the reasons for the disapproval. An applicant 
may correct disapproved base year data and submit revised data for 
review in accordance with this subsection, except that the review of a 
revision shall be accomplished within 30 days.
    (e) If no adverse public comments are received by the reviewing 
agency on proposed base year data for a source, the data shall be 
considered approved at the close of the public comment period and a 
notice of the approval shall be sent to the applicant and published by 
the reviewing agency by advertisement in the area affected.
    (f) If adverse comments are received and the reviewing agency agrees 
that corrections are needed, the reviewing agency shall give notice to 
the applicant of the disapproval and reasons for the disapproval. An 
applicant may correct disapproved base year emission data and submit 
revised emission data. If a revision is submitted by the applicant that, 
to the satisfaction of the reviewing agency, takes into account the 
adverse comments, the reviewing agency will publish by advertisement in 
the area affected a notice containing the approved base year emission 
data for the source and send notice of the approval to the applicant.
    (g) If adverse comments are received and the reviewing agency 
determines that the comments do not warrant changes to the base year 
emission data, the reviewing agency will publish by advertisement in the 
area affected a notice containing the approved base year emission data 
for the source and the reasons for not accepting the adverse comments. A 
notice of the approval also shall be sent to the applicant.
    (h) If an applicant submits revised emission data under paragraph 
(d)(2) or (f) of this section for a source subject to an enforceable 
commitment, the applicant also shall submit an amended enforceable 
commitment which takes into account the revised base year emissions.
    (i) If revised base year emission data are not submitted or notice 
of intent to submit revised data is not provided to the permitting 
authority by an applicant within 90 days of receiving adverse comments 
or a notice of disapproved base year emission data for a source that is 
subject to an enforceable commitment, the enforceable commitment shall 
be considered withdrawn and a notice to that effect shall be sent by the 
reviewing agency to the applicant.