[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: 40CFR63.78]



[Page 101]

 

                   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.  63.78  Early reduction demonstration evaluation.



    (a) The permitting authority will evaluate an early reduction 

demonstration submitted by the source owner or operator in a permit 

application with respect to the requirements of Sec.  63.74.

    (b) An application for a compliance extension may be denied if, in 

the judgement of the permitting authority, the owner or operator has 

failed to demonstrate that the requirements of Sec.  63.74 have been 

met. Specific reasons for denial include, but are not limited to:

    (1) The information supplied by the owner or operator is incomplete;

    (2) The required 90 percent reduction (95 percent in cases where the 

hazardous air pollutant is particulate matter) has not been 

demonstrated;

    (3) The base year or post-reduction emissions are incorrect, based 

on methods or assumptions that are not valid, or not sufficiently 

reliable or well documented to determine with reasonable certainty that 

required reductions have been achieved; or

    (4) The emission of hazardous air pollutants or the performance of 

emission control measures is unreliable so as to preclude determination 

that the required reductions have been achieved or will continue to be 

achieved during the extension period.