| (a) For the purposes of this subchapter, the baseline
amount must be computed as the lower of the following:
(1) total amount of baseline emissions; or
(2) total emissions allowed under authorizations, including
authorized emissions from maintenance, shutdown, and startup activities,
applicable to the source in the attainment year.
(b) For the purposes of this subchapter, the baseline
emissions must be from:
(1) the attainment year; or
(2) if the regulated entity's emissions are irregular,
cyclical, or otherwise vary significantly from year to year, any single
24-month consecutive period within a historical period preceding the
calendar year containing the attainment year to compute an average
baseline emissions amount (tons per year) for the major stationary
source. If used, the historical period must be:
(A) ten years for non-electric utility steam generating
units; or
(B) five years for electrical utility steam generating
units.
(c) If a major stationary source uses a historical
consecutive period as defined in subsection (b)(2) of this section,
the baseline amount estimation will:
(1) use adequate data for calculating the baseline
emissions units;
(2) be adjusted downward to exclude any noncompliant
emission that occurred while the source was operating above an emissions
limitation that was legally enforceable during the consecutive 24-month
period; and
(3) be adjusted downward to exclude any emissions that
would have exceeded an emission limitation with which the source had
to comply by November 15, 2007, had such a major stationary source
been required to comply with such limitations during the consecutive
24-month period.
(d) When control or ownership of emission units changes
during the attainment year, the emissions from those emission units
will be attributed to the major stationary source with control or
ownership of the emission unit on December 31st of the attainment
year.
(e) A baseline amount, reported in units of tons, must
be calculated separately for volatile organic compounds and for nitrogen
oxides. The calculation must be made for each pollutant for which
the source meets the major source applicability requirements of §101.101
of this title (relating to Applicability).
(f) The baseline amount calculation is subject to approval
by the executive director. The baseline amount will be fixed and not
be changed without the approval of the executive director except as
allowed under §101.109 of this title (relating to Adjustment
of Baseline Amount) 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).
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