Wisconsin Administrative Code
Department of Natural Resources
NR 400-499 - Environmental Protection - Air Pollution Control
Chapter NR 433 - Protection of visibility by application of best available retrofit technology
Section NR 433.03 - Identification of sources subject to BART
Current through August 26, 2024
(1) On or before September 29, 2008, the department shall identify all BART-eligible sources that may reasonably be anticipated to cause or contribute to any visibility impairment in any mandatory class I federal area according to the criteria and procedures in this section and the applicable guidelines in 40 CFR part 51, Appendix Y, incorporated by reference in s. NR 484.04(11m). These sources are identified as sources subject to BART. The department may request in writing information that is required for the identification of sources subject to BART from the owner or operator of a BART-eligible source. The owner or operator of the source shall submit to the department true, accurate and complete information in writing within a reasonable time period specified by the department in its request.
(2) The department shall identify sources subject to BART by using an air quality modeling analysis to estimate the individual contribution of each BART-eligible source to visibility impairment in a mandatory class I federal area. The department shall use an air quality model approved by the EPA and conduct the air quality modeling analysis according to procedures that include all of the following:
(3) A BART-eligible source shall be considered subject to BART if the air quality modeling analysis conducted under sub. (2) demonstrates that the source contributes to visibility impairment in any mandatory class I federal area. A source shall be considered to contribute to visibility impairment if for any year modeled the 98th percentile daily average change in visibility impairment from the source is equal to or greater than 0.5 deciviews, as compared to natural visibility conditions. Natural visibility conditions for each mandatory class I federal area shall be the average natural visibility impairment of the 20% best visibility days, or with department approval of a request made by the source owner or operator, the annual average natural visibility impairment for the class I area.
(4) On or before September 29, 2008, the department shall provide written notice to the owner or operator of each facility which the department has determined includes a source that is subject to BART.