Section 433.04. BART analyses.

 

(1)  No later than 180 days after the department sends a notification under s. NR 433.03 (4) that a source is subject to BART, the owner or operator of the source shall conduct and submit to the department a BART analysis for all emissions units which comprise the BART-eligible source. If the owner or operator submits a written request for an extension prior to the BART analysis submittal deadline date, the department may grant an extension of up to 60 days to the submittal deadline. The BART analysis shall contain all information necessary to evaluate all available retrofit control technologies for each unit and to determine the level of control that is BART for the unit, including all of the following:

(a) A list of all emissions units which comprise the BART-eligible source within the facility.

(b) All available retrofit emission control technologies for each visibility impairing pollutant emitted by each unit subject to BART at the facility.

(c) An evaluation of each control technology identified in par. (b) , considering all of the following factors:

1. The costs of compliance.

2. The energy and non-air quality environmental impacts of compliance.

3. Any existing pollution control technology in use at the source.

4. The remaining useful life of the source.

5. The degree of improvement in visibility which may reasonably be anticipated to result from the use of the technology.

(d) Procedures for an initial performance test and for demonstrating compliance with the emission limits representing BART on a continuous basis including continuous emission monitoring, recordkeeping, and reporting according to the applicable requirements of ch. NR 439 or 440 .

(2)  The BART analysis shall be conducted pursuant to the applicable guidelines in 40 CFR part 51 , Appendix Y, incorporated by reference in s. NR 484.04 (11m) .

(3)  If the owner or operator of a BART-eligible source proposes to use the emissions trading program under s. NR 433.06 for compliance with this section, the owner or operator shall submit to the department the emissions trading plan required under s. NR 433.06 (1) .

(4)  If the BART analysis for a source subject to BART demonstrates that all control technologies are technologically or economically infeasible, the owner or operator of the source shall propose in the BART analysis a design, equipment, work practice, or other operational standard, or combination thereof, to meet the BART requirements. If a design, equipment, work practice or operational standard is proposed, the analysis shall include a calculation of the emission reductions to be achieved by implementation of the design, equipment, work practice or operation, and shall provide the method for demonstrating compliance.

(5)  The owner or operator of a BART-eligible source shall certify in writing that any information submitted to the department under this section is true, accurate, and complete, based on information and belief formed after reasonable inquiry.

(6)  The department may request in writing additional information necessary to evaluate the BART analysis. The owner or operator of the BART-eligible source shall provide the information in writing within the reasonable period of time specified by the department in the request.

(7)  If a fossil fuel-fired steam electric plant subject to BART is subject to the trading programs of the clean air interstate rule under 40 CFR part 97 , the owner or operator of the fossil fuel-fired electric plant is not required to conduct a BART analysis for SO 2 and NO x emissions under this section.

History: CR 07-017 : cr. Register June 2008 No. 630 , eff. 7-1-08.