1. (a) The following specific provisions apply to projects at existing emissions units at a major stationary source in circumstances where the owner or operator elects to use the method specified in 8 CAR § 43-104(b)(31)(B)(i) – (iii) of the definition of “projected actual emissions” for calculating projected actual emissions.

2. (b) Before beginning actual construction of the project, the owner or operator shall document and maintain a record of the following information:

   1. (1) A description of the project;
   2. (2) Identification of the emissions unit or units whose emissions of a regulated NSR pollutant could be affected by the project; and
   3. (3) A description of the applicability test used to determine that the project is not a major modification for any regulated NSR pollutant, including the baseline actual emissions, the projected actual emissions, the amount of emissions excluded under the definition of “projected actual emissions”, 8 CAR § 43-104(b)(31)(B)(iii), and an explanation for why such amount was excluded, and any netting calculations, if applicable.

3. (c)

   1. (1) If the emissions unit is an existing electric utility steam generating unit, before beginning actual construction, the owner or operator shall provide a copy of the information set out in subsection (b) of this section to the reviewing authority.
   2. (2) Nothing in this subsection shall be construed to require the owner or operator of such a unit to obtain any determination from the reviewing authority before beginning actual construction.
4. (d) The owner or operator shall monitor the emissions of any regulated NSR pollutant that could increase as a result of the project and that is emitted by any emissions units identified in subdivision (b)(2) of this section, and calculate and maintain a record of the annual emissions, in tons per year on a calendar year basis, for a period of five (5) years following resumption of regular operations after the change, or for a period of ten (10) years following resumption of regular operations after the change if the project increases the design capacity or potential to emit of that regulated NSR pollutant at such emissions unit.
5. (e) If the unit is an existing electric utility steam generating unit, the owner or operator shall submit a report to the reviewing authority within sixty (60) days after the end of each year during which records must be generated under subdivision (d) of this section setting out the unit's annual emissions during the year that preceded submission of the report.

6. (f)

   1. (1) If the unit is an existing unit other than an electric utility steam generating unit, the owner or operator shall submit a report to the reviewing authority if the annual emissions, in tons per year, from the project identified in subsection (b) of this section, exceed the baseline actual emissions as documented and maintained pursuant to subdivision (b)(3) of this section, by a significant amount (as defined in Subpart 1 of this part) for that regulated NSR pollutant, and if such emissions differ from the preconstruction projection as documented and maintained pursuant to subdivision (b)(3) of this section.
   2. (2) Such report shall be submitted to the reviewing authority within sixty (60) days after the end of such year.

   3. (3) The report shall contain the following:

      1. (A) The name, address, and telephone number of the major stationary source;
      2. (B) The annual emissions as calculated pursuant to subsection (d) of this section; and
      3. (C) Any other information that the owner or operator wishes to include in the report, (e.g., an explanation as to why the emissions differ from the preconstruction projection).

Codification Notes: “NSR” means new source review.