Current through Reg. 50, No. 13; March 28, 2025
(a) Alternative
to setting a baseline amount under §
101.106 of this title (relating to
Baseline Amount Calculation), an owner or operator of a major stationary
source, if qualified, may choose to set an alternative baseline amount under
this section.
(1) For purposes of this
subchapter, the alternative baseline amount is computed as the lower of the
following:
(A) total amount of baseline
emissions as calculated under §
101.106(b) of
this title reported in the emissions inventory; or
(B) emissions allowed under authorization. If
reported in the emissions inventory prior to or during the attainment year as
required under §
101.10 of this title (relating to
Emissions Inventory Requirements), total authorized emissions may include the
resulting authorized emissions from permit applications in process by the
attainment year. The permit application for these unauthorized emissions must
have been administratively complete by December 31, 2007, and the permit issued
by the adoption date of this section.
(2) The baseline amount for the major
stationary source is determined by selecting the emissions limits on permits
issued after the attainment year for the previously unauthorized emissions
units separately from the remaining units at the regulated entity's major
stationary source as follows.
(A) The
baseline amount for the previously unauthorized emissions and emissions units
for which emissions limits were authorized after the attainment year will be
the lower of the emissions reported in the emissions inventory for the
emissions units or emissions authorized by permits for which the application
was administratively complete by December 31, 2007.
(B) The baseline amount for all other
emissions units not included in subparagraph (A) of this paragraph at the major
stationary source will be the lower of the baseline emissions reported in the
emissions inventory for these emissions units and the applicable emissions
limits authorized prior to December 31, 2007.
(C) The baseline amount for the major
stationary source will be determined by combining the lower amounts determined
in accordance with subparagraphs (A) and (B) of this paragraph.
(b) A baseline amount,
reported in tons per year, must be calculated separately for emissions from
volatile organic compounds and for nitrogen oxides. The calculation must be
made for each pollutant for which the site meets the major source applicability
requirements of §
101.101 of this title (relating to
Applicability).
(c) When control or
ownership of emissions units changes during the attainment year, the emissions
from those emissions units will be attributed to the owner or operator of the
major stationary source who has control or ownership of the emission unit on
December 31st of the attainment year.
(d) Except as allowed under §
101.109 of this title (relating to
Adjustment of Baseline Amount) or as required by subsection (a)(2) of this
section, the baseline amount will be fixed and not be changed without the
approval of the executive director until the Failure to Attain Fee no longer
applies to the area as described under §
101.118 of this title (relating to
Cessation of Program).
