"Projected actual emissions" means the maximum annual rate, in tons per year, at which an existing emissions unit is projected to emit a regulated pollutant in any one of the 5 years (12-month periods) following the date the unit resumes regular operation after the project, or in any one 12-month period in the 10 years following that date, if the project involves increasing the emissions unit's design capacity or its potential to emit that regulated pollutant.
In determining the projected actual emissions (before beginning actual construction), the owner or operator of the major stationary source:
A. Shall consider all relevant information, including but not limited to, historical operational data, the company's own representations, the company's expected business activity and the company's highest projections of business activity, the company's filings with the State or Federal regulatory authorities, and compliance plans under the approved State Implementation Plan; andB. Shall include fugitive emissions to the extent quantifiable, and emissions associated with startups, shutdowns, and malfunctions; andC. Shall exclude, in calculating any increase in emissions that results from the particular project, that portion of the unit's emissions following the project that an existing unit could have accommodated during the consecutive 24-month period used to establish the baseline actual emissions and that are also unrelated to the particular project, including any increased utilization due to product demand growth; orD. In lieu of using the method set out in subsections A,B, and C of this section, may elect to use the emissions unit's potential to emit, in tons per year. 06- 096 C.M.R. ch. 100, § 142