Section 203.1070 Baseline Actual Emissions

Section 203.1070  Baseline Actual Emissions

"Baseline actual emissions" means the rate of

emissions, in tons per year, of a regulated NSR pollutant, as determined in

accordance with subsections (a) through (d).

a)         For any existing electric utility steam

generating unit, baseline actual emissions means the average rate, in tons per

year, at which the unit actually emitted the pollutant during any consecutive

24-month period selected by the owner or operator within the 5-year period

immediately preceding when the owner or operator begins actual construction of

the project. The Agency shall allow the use of a different time period upon a

determination that it is more representative of normal source operation.

1)         The

average rate shall include fugitive emissions to the extent quantifiable, and

emissions associated with startups, shutdowns, and malfunctions.

2)         The

average rate shall be adjusted downward to exclude any non-compliant emissions

that occurred while the source was operating above any emission limitation that

was legally enforceable during the consecutive 24-month period.

3)         For a

regulated NSR pollutant, when a project involves multiple emissions units, only

one consecutive 24-month period must be used to determine the baseline actual

emissions for the emissions units being changed. A different consecutive

24-month period can be used for each regulated NSR pollutant.

4)         The

average rate shall not be based on any consecutive 24-month period for which

there is inadequate information for determining annual emissions, in tons per

year, and for adjusting this amount if required by subsection (a)(2)

e the baseline actual

emissions for the emissions units being changed. A different consecutive

24-month period can be used for each regulated NSR pollutant.

4)         The

average rate shall not be based on any consecutive 24-month period for which

there is inadequate information for determining annual emissions, in tons per

year, and for adjusting this amount if required by subsection (a)(2).

b)         For an existing emissions unit (other than an

electric utility steam generating unit), baseline actual emissions means the

average rate, in tons per year, at which the emissions unit actually emitted

the pollutant during any consecutive 24-month period selected by the owner or

operator within the 10-year period immediately preceding either the date the

owner or operator begins actual construction of the project, or the date a

complete permit application is received by the Agency for a permit required by

the SIP, whichever is earlier, except that the 10-year period shall not include

any period earlier than November 15, 1990.

1)         The

average rate shall include fugitive emissions to the extent quantifiable, and

emissions associated with startups, shutdowns, and malfunctions.

2)         The

average rate shall be adjusted downward to exclude any non-compliant emissions

that occurred while the source was operating above an emission limitation that

was legally enforceable during the consecutive 24-month period.

3)         The

average rate shall be adjusted downward to exclude any emissions that would

have exceeded an emission limitation with which the major stationary source

must currently comply, had such major stationary source been required to comply

with such limitations during the consecutive 24-month period. "Currently"

in the context of a contemporaneous emissions change refers to limitations on

emissions and source operation that existed just prior to the date of the

contemporaneous change

eded an emission limitation with which the major stationary source

must currently comply, had such major stationary source been required to comply

with such limitations during the consecutive 24-month period. "Currently"

in the context of a contemporaneous emissions change refers to limitations on

emissions and source operation that existed just prior to the date of the

contemporaneous change. However, if an emission limitation is part of a Maximum

Achievable Control Technology standard that the USEPA proposed or promulgated

under 40 CFR Part 63 (incorporated by reference in Section 203.1000), the

baseline actual emissions need only be adjusted if the Agency has taken credit

for such emissions reductions in an attainment demonstration or maintenance

plan consistent with the requirements of Section 203.1810(g)(2).

4)         For a

regulated NSR pollutant, when a project involves multiple emissions units, only

one consecutive 24-month period must be used to determine the baseline actual

emissions for all the emissions units being changed. A different consecutive

24-month period can be used for each regulated NSR pollutant.

5)         The

average rate shall not be based on any consecutive 24-month period for which

there is inadequate information for determining annual emissions, in tons per

year, and for adjusting this amount if required by subsections (b)(2) and

(b)(3).

c)         For a

new emissions unit, the baseline actual emissions for purposes of determining

the emissions increase that will result from the initial construction and

operation of such unit shall equal zero.  Thereafter, for all other purposes,

it shall equal the unit's potential to emit

missions, in tons per

year, and for adjusting this amount if required by subsections (b)(2) and

(b)(3).

c)         For a

new emissions unit, the baseline actual emissions for purposes of determining

the emissions increase that will result from the initial construction and

operation of such unit shall equal zero.  Thereafter, for all other purposes,

it shall equal the unit's potential to emit.

d)         For a PAL for a stationary source, the baseline

actual emissions shall be calculated for existing electric utility steam

generating units in accordance with the procedures contained in subsection (a),

for other existing emissions units in accordance with the procedures contained

in subsection (b), and for a new emissions unit in accordance with the

procedures contained in subsection (c).