(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 SO2 or for
NOX 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 PM10 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.
