| (a) Baseline amount. A baseline amount may be established
for major stationary sources after the attainment date as follows.
(1) If a major stationary source did not meet the applicability
requirements in §101.101 of this title (relating to Applicability)
on the attainment date of November 15, 2007, a major stationary source
may establish a baseline amount based on the first full year of operation
in accordance with the requirements of this subchapter.
(2) A major stationary source may include emissions
limits from new emissions units authorized after the attainment date
in its baseline amount determination if those emissions units were
authorized by a nonattainment new source review permit, issued under
Chapter 116, Subchapter B, Division 5 of this title (relating to Nonattainment
Review Permits).
(b) Baseline amount reporting. Within 90 calendar days
of completing one full calendar year of operation, the owner or operator
of each major stationary source in an area meeting the requirements
of §101.101 of this title shall submit to the executive director
a report establishing its baseline amount on a form published by the
executive director. The baseline amount is the lower of:
(1) the first full year of baseline emissions; or
(2) emissions allowed under applicable authorizations.
(c) For purposes of this subchapter, the emissions
considered for the baseline amount for a new unit or units are restricted
to the emissions units without a previously established baseline amount.
(d) Adjustment. The baseline amount as established
under subsection (b) of this section may be adjusted for major stationary
sources meeting the applicability requirements in §101.101 of
this title if the major stationary source or emissions units at the
major stationary source experienced less than 24 months of consecutive
operation by the area's attainment date or later. The adjusted baseline
amount must be reported on a form published by the executive director
within 90 calendar days of completing 24 months of operation. The
adjusted baseline amount must be computed for the applicable emissions
units and major stationary source as allowed under subsection (b)
of this section as the lower of the following:
(1) total average amount of baseline emissions for
the 24-month period; or
(2) emissions allowed under authorizations applicable
to the major stationary source.
(e) Approval. The adjusted baseline amount calculation
is subject to approval by the executive director. Baseline amounts
will be fixed and not change except as allowed under §101.109
of this title (relating to Adjustment of Baseline Amount) without
the approval of the executive director until the Failure to Attain
Fee no longer applies for the area as described under §101.118
of this title (relating to Cessation of Program).
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