| (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).
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