[Code of Federal Regulations]

[Title 40, Volume 9]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 40CFR63.76]



[Page 99-100]

 

                   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 100]]



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.