Current through Register Vol. 48, No. 38, September 20, 2024
"Baseline actual emissions" means the rate of emissions, in
tons per year, of a regulated NSR pollutant, as determined in accordance with
this Section.
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).
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 reviewing authority
for a permit required under
40 CFR
52.21 or 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.
However, if an emission limitation is part of a Maximum Achievable Control
Technology standard that the USEPA proposed or promulgated under 40 CFR 63
(incorporated by reference in Section
204.100), 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
40 CFR
51.165(a)(3)(ii)(G).
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 the 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).
