[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: 40CFR63.80]



[Page 101-102]

 

                   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 102]]



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.