1. (a) For the purposes of this part, the definitions contained in 40 CFR §51.165(a)(1) and (f)(2), shall apply with the following clarifications and revisions:

   1. (1) “Baseline actual emissions” means the definition as specified in 40 CFR §51.165(a)(1)(xxxv) with the following revisions:

      1. a. The same consecutive 24-month period shall be used for all pollutants;
      2. b. The 24-month period shall be selected from the 5-year period immediately preceding the date when the owner or operator begins actual construction of the project; and
      3. c. The department shall allow the use of a time period up to 10 years immediately preceding the date when the owner or operator begins actual construction of the project or allow the use of a different consecutive 24-month period for different pollutants upon determining that the alternative time period is more representative of normal source operations, upon adequate demonstration by the applicant;
   2. (2) “Reasonable period” as used in the definition of “net emissions increase” in 40 CFR §51.165(a)(1)(vi)(C)(1) means the period from 5 years prior to the date that a complete permit application for the subject project is received by the department to the expiration date of the air permit issued for the project; and

2. (b) For the purpose of this part, the following additional definitions shall apply:

   1. (1) “Emissions offset” means a reduction in pollutant emissions achieved at an existing source meeting the criteria specified in 40 CFR §51.165(a)(3).
   2. (2) “Emissions offset ratio” means the ratio of the total actual emissions reduction obtained to the total allowable emissions increase of the subject pollutant from a new source or source modification;

   3. (3) “Northeast Ozone Transport Region” means, pursuant to Part D, Subpart 2, Section 184(a) of the Act, the geographical area comprising of the states of:

      1. a. Connecticut;
      2. b. Delaware;
      3. c. Maine;
      4. d. Maryland;
      5. e. Massachusetts;
      6. f. New Hampshire;
      7. g. New Jersey;
      8. h. New York;
      9. i. Pennsylvania;
      10. j. Rhode Island;
      11. k. Vermont; and
      12. l. The Consolidated Metropolitan Statistical Area that includes the District of Columbia;
   4. (4) “Offset source” means a source, stationary or mobile, from which a new or modified source obtains or seeks to obtain an emission offset; and
   5. (5) “Ozone season” means the continuous period between April 1 and October 31, inclusive.

Source. #7879, eff 4-26-03 (formerly Env-A 622.04); ss by #9906, INTERIM, eff 4-26-11, EXPIRES: 10-24-11; ss by #10000, eff 10-1-11; ss by #10175, eff 9-1-12 (from Env-A 618.02); ss by #13510, eff 12-17-22