Section 096-100-94 - Net emissions increase"Net emissions increase" means
A. The amount by which the sum of the following exceeds zero: (1) Any increase in actual emissions from a particular physical change or change in the method of operation at a stationary source;(2) Any other increase and decrease in actual emissions at the source that are contemporaneous with the particular change and are otherwise creditable;B. An increase or decrease in actual emissions that is contemporaneous with the increase from the particular change only if it occurs between(1) The date five (5) years before construction on the particular change commences; and(2) The date that the increase from the particular change occurs.C. Any increases or decreases in actual emissions that are creditable only if:(1) The Department has not relied on the increase or decrease in issuing a major New Source Review License under Chapter 115 Section 4 or Chapter 140 Section 5 and that license is still in effect at the time the particular change occurred; and(2) To the extent that the new level of actual emissions exceeds the old level;(3) To the extent that a decrease: (i) Is represented by the old level of actual emissions or the old level of allowable emissions, whichever is lower, exceeds the new level of actual or allowable emission, whichever is greater;(ii) Is represented by an enforceable requirement by both the Department and the Administrator of the EPA at and after the time that actual construction on the change begins;(iii) Has not been relied upon in issuing any license under regulations approved pursuant to 40 C. F. R. 51, Subpart I, or it has not been relied upon in demonstrating attainment or reasonable further progress; and(iv) Has approximately the same qualitative significance for public health and welfare as that attributed to the increase from the particular change.D. An increase that results from a physical change at a source occurs when the emissions unit on which construction occurred becomes operational and begins to emit a particular pollutant. Any replacement unit that requires shakedown becomes operational only after a reasonable shakedown period, not to exceed 180 days;06-096 C.M.R. ch. 100, § 94