[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: 40CFR63.80]

[Page 97-98]
 
                   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. 63.80  Enforcement.

    (a) All base year or post-reduction emissions information described 
in Sec. 63.74 and required to be submitted as part of a permit 
application under Sec. 63.77 or an enforceable commitment under 
Sec. 63.75 shall be considered to have been requested by the 
Administrator under the authority of section 114 of the Act.
    (b) Fraudulent statements contained in any base year or post-
reduction emissions submitted to a State or EPA Regional Office under 
this subpart shall be considered violations of section 114 of the Act 
and of this subpart

[[Page 98]]

and, thus, actionable under section 113 of the Act and can be 
considered, in appropriate cases, violations of 18 U.S.C. 1001, the 
general false swearing provision of the United States Code.
    (c) If a source subject to an enforceable commitment fails to 
achieve reductions before January 1, 1994, sufficient to qualify the 
source for an extension under this subpart, the source shall be 
considered to be in violation of the commitment and shall be subject to 
enforcement action under section 113 of the Act.
    (d) If an early reduction demonstration in a permit application 
filed under Sec. 63.77 is disapproved for a source not subject to an 
enforceable commitment, the owner or operator shall comply with an 
applicable standard issued under section 112(d) of the Act by the 
compliance date specified in such standard.
    (e) If an early reduction demonstration in a permit application 
filed under Sec. 63.77 is disapproved for a source that is subject to an 
enforceable commitment, the owner or operator shall comply with an 
applicable standard issued under section 112(d) of the Act by the 
compliance date specified in such standard and will be subject to 
enforcement action under section 113 of the Act.
    (f) A violation of an alternative emission limitation or other 
requirement established by permit under Sec. 63.79 (a) or (b) for the 
source is enforceable pursuant to the authority of section 113 of the 
Act notwithstanding any demonstration of continuing 90 percent (95 
percent for hazardous air pollutants which are particulates) emission 
reduction over the entire source.