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"Allowable emissions" means the emissions rate of a stationary source calculated using the maximum rated capacity of the source (unless the source is subject to federally and state enforceable limits that restrict the operating rate, hours of operation, or both) and the most stringent of the following: a.The applicable standards as set forth in 40 CFR Parts 60, 61, and 63; b.(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 noncompliant emissions that occurred while the source was operating above any emission limitation that was legally enforceable during the consecutive 24-month period.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 within the five-year period immediately preceding when the owner begins actual construction of the project.The board will allow the use of a different time period upon a determination that it is more representative of normal source operation. The board will allow the use of a different time period upon a determination that it is more representative of normal source operation.
The trigger date is: (1) In the case of PM, October 20, 2011. The baseline date is established for each pollutant for which increments or other equivalent measures have been established if: (1) The area in which the proposed source or modification would construct is designated as attainment or unclassifiable under 107(d)(1)(A)(ii) or (iii) of the federal Clean Air Act for the pollutant on the date of its complete application under this article or 40 CFR 52.21; and (2) In the case of a major stationary source, the pollutant would be emitted in significant amounts, or, in the case of a major modification, there would be a significant net emissions increase of the pollutant. Any minor source baseline date established originally for the TSP increments shall remain in effect and shall apply for purposes of determining the amount of available PM increments, except that the board may rescind any such minor source baseline date where it can be shown, to the satisfaction of the board, that the emissions increase from the major stationary source, or the net emissions increase from the major modification, responsible for triggering that date did not result in a significant amount of PM emissions.Any standard or other requirement provided for in an implementation plan established pursuant to 110 or 111(d) of the federal Clean Air Act, including any source-specific provisions such as consent agreements or orders. Any limit or condition in any construction permit issued under the new source review program or in any operating permit issued pursuant to the state operating permit program. Any emission standard, alternative emission standard, alternative emission limitation, equivalent emission limitation or other requirement established pursuant to 112 or 129 of the federal Clean Air Act as amended in 1990. Any new source performance standard or other requirement established pursuant to 111 of the federal Clean Air Act, and any emission standard or other requirement established pursuant to 112 of the federal Clean Air Act before it was amended in 1990. Any limitations and conditions or other requirement in a Virginia regulation or program that has been approved by EPA under subpart E of 40 CFR Part 63 for the purposes of implementing and enforcing 112 of the federal Clean Air Act. Any requirement concerning accident prevention under 112(r)(7) of the federal Clean Air Act. Any compliance monitoring requirements established pursuant to either 504(b) or 114(a)(3) of the federal Clean Air Act. Any standard or other requirement for consumer and commercial products under 183(e) of the federal Clean Air Act. Any standard or other requirement for tank vessels under 183(f) of the federal Clean Air Act. Any standard or other requirement in 40 CFR Part 55 to control air pollution from outer continental shelf sources. Any standard or other requirement of the regulations promulgated to protect stratospheric ozone under Title VI of the federal Clean Air Act unless the administrator has determined that such requirements need not be contained in a permit issued under this article. With regard to temporary sources subject to 9VAC5-80-130, (i) any ambient air quality standard, except applicable state requirements, and (ii) requirements regarding increments or visibility as provided in this article."Baseline actual emissions" means the rate of emissions, in tons per year, of a regulated NSR pollutant, as determined in accordance with the following: a.(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 subdivision a (2) of this definition. 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 within the 10-year period immediately preceding either the date the owner begins actual construction of the project, or the date a complete permit application is received by the board for a permit required under this article, whichever is earlier, except that the 10-year period shall not include any period earlier than November 15, 1990.(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.