Section 336.2806. Exclusions from increment consumption.

(1) The following concentrations shall be excluded in determining compliance with a maximum allowable increase:

(a)     Concentrations attributable to the increase in emissions from stationary sources which have converted from the use of petroleum products, natural gas, or both, by reason of an order in effect under section 2 (a) and (b) of the Energy Supply and Environmental Coordination Act of 1974 over the emissions from the identical sources before the effective date of the order.

(b)    Concentrations attributable to the increase in emissions from sources which have converted from using natural gas by reason of natural gas curtailment plan in effect under the Federal Power Act over the emissions from sources before the effective date of the plan.

(c)    Concentrations of particulate matter attributable to the increase in emissions from construction or other temporary emission-related activities of new or modified sources.

(d)     The increase in concentrations attributable to new sources outside the United States over the concentrations attributable to existing sources which are included in the baseline concentration.

(e)      Concentrations attributable to the temporary increase in emissions  of  sulfur dioxide, particulate matter, or oxides of nitrogen from stationary sources which are

affected  by  plan  revisions  approved   by  the  United  States   environmental  protection agency.

(2) An exclusion of concentrations shall not apply more than 5 years after the effective date of the order to which subrule (1)(a) of this rule refers or the plan to which subrule (1)(b) of this rule refers, whichever is applicable. If both the order and plan are applicable, then the exclusion shall not apply more than 5 years after the later of such effective dates.

History: 2006 AACS.