Section 433.05. Determination of BART requirements.

 

(1)   Preliminary determination.

(a) The department shall make a preliminary determination of the BART requirements for each emissions unit which comprises the sources subject to BART based on the information in the BART analysis required under s. NR 433.04 and other available information. The preliminary BART determination for each facility shall include all of the following elements:

1. A list of all emissions units which comprise the source subject to BART.

2. A determination of the BART requirements for each emissions unit.

3. Requirements for initial performance tests and for demonstrating compliance with the emission limits representing BART on a continuous basis, including emission monitoring, recordkeeping and reporting.

4. The requirement that the owner or operator of each source subject to BART shall install and operate BART as expeditiously as practicable, but in no event later than December 31, 2015.

5. The requirement that the owner or operator of each source subject to BART shall maintain the control equipment required by the BART determination and establish procedures to ensure the equipment is properly operated and maintained.

(b) The determination of BART shall be based on the department's review of the analysis of the best system of continuous emission control technology available and associated emission reductions achievable for each unit subject to BART at the facility. The department shall take into consideration the technology available, the costs of compliance, the energy and non-air quality environmental impacts of compliance, any pollution control equipment in use at the source, the remaining useful life of the source, and the degree of improvement in visibility which may reasonably be anticipated to result from use of the technology.

(c) The determination of BART for all emissions units which comprise the source subject to BART shall be made pursuant to the applicable guidelines in 40 CFR part 51 , Appendix Y, incorporated by reference in s. NR 484.04 (11m) .

(d) If the department determines that it is technologically or economically infeasible for a source to install and operate the available control technologies, it may instead prescribe a design, equipment, work practice, or other operational standard, or combination thereof to meet the BART requirements. The department shall estimate the emission reduction to be achieved by implementation of the design, equipment, work practice or operation, and shall prescribe the method for demonstrating compliance.

(e) If a fossil-fuel fired steam electric plant is subject to the clean air interstate rule trading programs under 40 CFR part 97 the determination of BART shall be made for particulate matter emissions only.

(f) The department shall incorporate the results of its preliminary BART determination in a draft revision to the source's air quality permit.

(2)   Exception. The department may not make a determination of BART for SO 2 or for NO X if the potential to emit of a BART-eligible source is less than 40 tons per year of the respective pollutant; or for particulate matter, if the potential to emit PM 10 of a BART-eligible source is less than 15 tons per year.

(3)   Public notice and comment. The department shall notify the owner or operator of the source subject to BART and the EPA of its preliminary BART determination and shall publish a notice of its preliminary BART determination and the draft permit conditions for public comment. The department shall provide at least 30 days for submittal of written comments.

(4)   Final determination. Following the close of the public comment period and after consideration of all public comments, the department shall make a final BART determination and issue a revision to the facility's air quality permit which includes the BART requirements.

(5)   Revision. The department may revise the BART requirements in the air quality permit, if the EPA requires a revision of the BART requirements or the department determines that the revision of the existing BART requirements is justified based on safety, health, environmental or excessive cost impacts which the original BART analysis and BART determination failed to take into account. The department shall provide notice and offer an opportunity for public comment on any proposed revision under this section.

History: CR 07-017 : cr. Register June 2008 No. 630 , eff. 7-1-08; CR 10-033 : am. (1) (a) 4. Register November 2010 No. 659 , eff. 12-1-10.