"Actual emission rate" means either:

1. (a) The tons per year of a pollutant actually emitted from an ERC emission source during calendar year 1990; or

2. (b) The average tons per year of a pollutant actually emitted from an ERC emission source during any 2-year period which precedes the date of application for emissions reduction credits by no more than 5 years and which the division determines:

   1. (1) Is representative of normal production rates; and
   2. (2) Does not jeopardize any target annual RACT level of statewide aggregate emissions reductions or jeopardize any attainment demonstration under the Act.

Source. #6441, EXEMPT, eff 1-21-97