(b) Definitions.
"Adverse impact on visibility"
means visibility impairment which interferes with the management, protection,
preservation, or enjoyment of the visitor's visual experience of the Federal
Class I area. This determination must be made on a case-by-case basis taking
into account the geographic extent, intensity, duration, frequency and time of
visibility impairments, and how these factors correlate with 1) times of
visitor use of the Federal Class I area, and 2) the frequency and timing of
natural conditions that reduce visibility. This term does not include effects
on integral vistas.
"Applicable technology" means
a commercially available control option that has been or is soon to be deployed
(e.g., is specified in a permit) on the same or a similar source type or a
technology that has been used on a pollutant-bearing gas stream that is the
same or similar to the gas stream characteristics of the source.
"Available technology" means
that a technology is licensed and available through commercial sales.
"Average cost effectiveness"
means the total annualized costs of control divided by annual emissions
reductions (the difference between baseline annual emissions and the estimate
of emissions after controls). For the purposes of calculating average cost
effectiveness, baseline annual emissions means a realistic depiction of
anticipated annual emissions for the source. The source or the Division may use
State or Federally enforceable permit limits or estimate the anticipated annual
emissions based upon actual emissions from a representative baseline
period.
"BART alternative" means an
alternative measure to the installation, operation, and maintenance of BART
that will achieve greater reasonable progress toward national visibility goals
than would have resulted from the installation, operation, and maintenance of
BART at BART-eligible sources within industry source categories subject to BART
requirements.
"Best available retrofit technology
(BART)" means an emission limitation based on the degree of
reduction achievable through the application of the best system of continuous
emission reduction for each pollutant that is emitted by an existing stationary
facility. The emission limitation must be established, on a case-by-case basis,
taking 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 or in existence at the source or unit, the
remaining useful life of the source or unit, and the degree of improvement in
visibility which may reasonably be anticipated to result from the use of such
technology.
"Deciview" means a measurement
of visibility impairment. A deciview is a haze index derived from calculated
light extinction, such that uniform changes in haziness correspond to uniform
incremental changes in perception across the entire range of conditions, from
pristine to highly impaired. The deciview haze index is calculated based on the
following equation (for the purposes of calculating deciview, the atmospheric
light extinction coefficient must be calculated from aerosol
measurements):
Deciview haze index = 10 lne
(bext/10 Mm-1)
Where bext = the atmospheric light
extinction coefficient, expressed in inverse megameters
(Mm-1).
"Existing stationary facility"
means any of the following stationary sources of air pollutants, including any
reconstructed source, which was not in operation prior to August 7, 1962, and
was in existence on August 7, 1977, and has the potential to emit 250 tons per
year or more of any visibility impairing air pollutant. In determining
potential to emit, fugitive emissions, to the extent quantifiable, must be
counted.
(i) Fossil fuel-fired steam
electric plants of more than 250 million British thermal units (BTU) per hour
heat input that generate electricity for sale.
(A) Boiler capacities shall be aggregated to
determine the heat input of a plant.
(B) Includes plants that co-generate steam
and electricity and combined cycle turbines.
(ii) Coal cleaning plants (thermal
dryers).
(iii) Kraft pulp
mills.
(iv) Portland cement
plants.
(v) Primary zinc
smelters.
(vi) Iron and steel mill
plants.
(vii) Primary aluminum ore
reduction plants.
(viii) Primary
copper smelters.
(ix) Municipal
incinerators capable of charging more than 250 tons of refuse per
day.
(x) Hydrofluoric, sulfuric,
and nitric acid plants.
(xi)
Petroleum refineries.
(xii) Lime
plants.
(xiii) Phosphate rock
processing plants. Includes all types of phosphate rock processing facilities,
including elemental phosphorous plants as well as fertilizer production
plants.
(xiv) Coke oven
batteries.
(xv) Sulfur recovery
plants.
(xvi) Carbon black plants
(furnace process).
(xvii) Primary
lead smelters.
(xviii) Fuel
conversion plants.
(xix) Sintering
plants.
(xx) Secondary metal
production facilities. Includes nonferrous metal facilities included within
Standard Industrial Classification code 3341, and secondary ferrous metal
facilities in the category "iron and steel mill plants".
(xxi) Chemical process plants. Includes those
facilities within the 2-digit Standard Industrial Classification 28, including
pharmaceutical manufacturing facilities.
(xxii) Fossil fuel boilers of more than 250
million BTUs per hour heat input.
(A)
Individual boilers greater than 250 million BTU/hr, considering federally
enforceable operational limits.
(B)
Includes multi-fuel boilers that burn at least fifty percent fossil
fuels.
(xxiii) Petroleum
storage and transfer facilities with a capacity exceeding 300,000 barrels.
(A) 300,000 barrels refers to total
facility-wide tank capacity for tanks put in place after August 7, 1962 and in
existence on August 7, 1977.
(B)
Includes gasoline and other petroleum-derived liquids.
(xxiv) Taconite ore processing
facilities.
(xxv) Glass fiber
processing plants.
(xxvi) Charcoal
production facilities. Includes charcoal briquette manufacturing and activated
carbon production.
"Incremental cost
effectiveness" means the comparison of the costs and emissions
performance level of a control option to those of the next most stringent
option, as shown in the following formula:
Incremental Cost Effectiveness (dollars per incremental ton
removed) = [(Total annualized costs of control option) - (Total annualized
costs of next control option)] ÷ [(Next control option annual emissions)
- (Control option annual emissions)]
"In existence" means that the
owner or operator has obtained all necessary preconstruction approvals or
permits required by Federal, State, or local air pollution emissions and air
quality laws or regulations and either has 1) begun, or caused to begin, a
continuous program of physical on-site construction of the facility or 2)
entered into binding agreements or contractual obligations, which cannot be
cancelled or modified without substantial loss to the owner or operator, to
undertake a program of construction of the facility to be completed in a
reasonable time.
"In operation" means engaged
in activity related to the primary design function of the source.
"Integral vista" means a view
perceived from within the mandatory Class I Federal area of a specific landmark
or panorama located outside the boundary of the mandatory Class I Federal
area.
"Natural conditions" means
naturally occurring phenomena that reduce visibility as measured in terms of
light extinction, visual range, contrast, or coloration.
"Plant" means all emissions
units at a stationary source.
"Potential to emit" means the
maximum capacity of a stationary source to emit a pollutant under its physical
and operational design. Any physical or operational limitation on the capacity
of the source to emit a pollutant including air pollution control equipment and
restrictions on hours of operation or on the type or amount of material
combusted, stored, or processed, shall be treated as part of its design if the
limitation or the effect it would have on emissions is federally enforceable.
Secondary emissions do not count in determining the potential to emit of a
stationary source.
"Visibility-impairing air
pollutant" includes the following:
(i) Sulfur dioxide
(SO2);
(ii)
Nitrogen oxides (NOx); and
(iii) Particulate matter.
(PM10 will be used as the indicator for particulate
matter. Emissions of PM10 include the components of
PM2.5 as a subset).
(c) Guidelines for BART Determinations.
(i) The U.S. Environmental Protection Agency
regulations contained in 40 CFR part 51 , Appendix Y, are incorporated by
reference into these regulations. The specific documents containing the
complete text of the regulations are found in 40 CFR part 51 , Appendix Y, as
published on July 6, 2005 in the Federal Register beginning on page 39104, not
including later amendments. Copies of the July 6, 2005 materials can be
obtained from the Department of Environmental Quality, Division of Air Quality,
122 W. 25th Street, Cheyenne, Wyoming
82002.
(ii) The owner or operator
of a fossil fuel-fired steam electric plant with a generating capacity greater
than seven hundred fifty megawatts of electricity shall comply with the
requirements of 40 CFR part 51 , Appendix Y. All other facility owners or
operators shall use Appendix Y as guidance for preparing their best available
control retrofit technology determinations.
(d) Identification of Sources Subject to
BART.
(i) Identification of sources subject to
BART shall be performed by the Air Quality Division in accordance with EPA's
guidelines for BART determinations under the regional haze rule 40 CFR part 51
, Appendix Y, and incorporated by reference under Section 9(c). A BART-eligible
source is subject to BART unless valid air quality dispersion modeling
demonstrates that the source will not cause or contribute to visibility
impairment in any Class I area.
(A) A single
source that is responsible for a 1.0 deciview change or more is considered to
"cause" visibility impairment in any Class I area.
(B) A single source that is responsible for a
0.5 deciview change or more is considered to "contribute" visibility impairment
in any Class I area.
(C) A single
source is exempt from BART if the 98th percentile
daily change in visibility, as compared against natural background conditions,
is less than 0.5 deciviews at all Class I federal areas for each year modeled
and for the entire multiyear modeling period.
(ii) The Division will provide written notice
to each source determined to be subject to BART.
(e) BART Requirements.
(i) Submission of Best Available Retrofit
Technology (BART) Permit Application. The owner or operator of each source
subject to BART as determined under Section 9(d), shall submit a BART permit
application to the Division. The permit application shall be submitted
according to a schedule determined by the Division. Sources with a potential to
emit less than 40 tons per year SO2 or
NOx or less than 15 tons per year
PM10 may exclude those de minimis level pollutants from
the BART analysis. The BART permit application shall include:
(A) The name and address (physical location)
of the existing stationary facility subject to BART.
(B) A brief description of the source and
identification of any listed source categories in which it is
included.
(C) Information on de
minimis levels if pollutants are excluded from the analysis.
(D) An analysis of control options performed
in accordance with 40 CFR part 51 , Appendix Y, IV.
(E) A proposal and justification for BART
emission limits and control technology that reflect the BART requirements
established in 40 CFR part 51 , Appendix Y.
(F) A description of the proposed emission
control systems, including the estimated control efficiencies.
(G) A schedule to install and operate
BART.
(H) Additional relevant
information as the Administrator may request.
(ii) Administrative Procedures for Review of
a BART Permit Application. The administrative procedures for review shall
follow the procedures specified in Chapter 6, Section 2(g) of these
regulations.
(iii) Proposed
Permits. The Administrator shall prepare a proposed permit following the
Division's review of the BART permit application. The Administrator may
approve, or amend the proposed emission limits, BART technology, and compliance
schedule. Any proposed permit shall specify any notification, operation and
maintenance, performance testing, monitoring, reporting and recordkeeping
requirements determined by the Administrator to be reasonable and
necessary.
(iv) Opportunity for
Public Comment. The opportunity for public comment shall follow the procedures
specified in Chapter 6, Section 2(m) for permit review.
(v) Modifications to BART Permits. Any source
seeking to modify the BART determination for that facility must obtain the
Administrator's approval.
(vi)
Operating Permit Requirements. BART requirements established pursuant to any
BART permit issued under this section shall be included in a Chapter 6, Section
3 Operating Permit according to the procedures established in Chapter 6,
Section 3.
(vii) Fees. Persons
applying for a permit under this section shall pay a fee to cover the
Department's cost of reviewing and acting on permit applications in accordance
with Chapter 6, Section 2(o).
(viii) Installation of Best Available
Retrofit Technology. The owner or operator of any source required to operate
under a BART permit issued under Section 9(e)(iii), shall install and operate
best available retrofit technology unless an alternative to the installation of
BART as specified under Section 9(f) has been approved by the Division. Any
control equipment required under a permit issued in this section shall be
installed and operating as expeditiously as practicable but in no event later
than five years after the United States Environmental Protection Agency's
approval of Wyoming's State Implementation Plan revision for Regional
Haze.
(ix) Operation and
Maintenance of Best Available Retrofit Technology. The owner or operator of a
facility required to install best available retrofit technology under Section
9(e)(viii) shall establish procedures to ensure such equipment is properly
operated and maintained.
