Page 1 of 6 Revised Express Terms 6 NYCRR Part 249, Best Available Retrofit Technology (BART)

249.1 Purpose and Applicability

249.2 Definitions 249.3 Requirements for Sources Subject to Case-by-Case BART Determinations 249.4 Emissions Tests and Monitoring

Section 249.1 Purpos e and Applicability (a) This Part restricts the emissions of visibility -impairing pollutants by requiri ng the installation of Best Available Retrofit Technology (BART) on a BART-eligible stationary s ource to reduce regional haze and restore natural visibility conditi ons to Federal Class I Areas.

(b) Except as provided under Subdivision (c) of this Sect ion, this Part applies to any stationary source that has been determined to be BART-eligible and whos e emissions require control pursuant to section 169A of the Act. BART-eligible refers to any stationary source that:

(1) is in one of 26 specific source categories id entified in Secti on 231-2.2(c) (1) th rough (26) of this Title;

(2) was not in operation prior to August 7, 1962 and was in existence on August 7, 1977, or

underwent reconstruction between August 7, 1962 and August 7, 1977; and,Page 2 of 6 (3) has a potential to emit (PTE) 250 tons per y ear (tpy) or more of any visibility-impairing pollutant.

(c) Exempted from the provisions of this Part is any BART-eligible source that:

(1) is subject to a permit condition that restrict s the source’s PTE to less than 250 tpy for each visibility-impairing pollutant;

(2) is subject to a permit conditi on that requires the source to permanently shut down by January 1, 2014; or,

(3) has shown through modeling or other means acceptable to the de partment that it does not or will not emit any combination of visibility-impairing pol lutants that results in a visibility impairment equal to or greater than 0.1 deci views in any Federal Class I Area.

Section 249.2 Definitions For the purpose of this regulati on, the following definitions apply:

(a) ‘Best Available Retrofit Tec hnology’ or ‘BART.’ An emission limitation based on the degree of reduction achievable through the application of the be st system of continuous emission reduction for each visibility-impairing pollutant which is emitted by an exis ting stationary facility. BART for any individual source is determined by undertaking the case-by-case an alysis required under Section 249.3 of this Part.Page 3 of 6 (b) ‘Deciview.’ A measurement of visibility impairm ent. A deciview is a haze index derived from calculated light extinction, such that uniform changes in haziness corresp ond to uniform incremental changes in perception across the entire range of c onditions, from pristine to highly impaired. The deciview haze index is calculated based on the following equation (for the purpos es of calculating deciview , the atmospheric light extinction coefficient must be calculated from aerosol measurements):

HI = 10 ln (b/10) Where b = the atmospheric light extinction coeffi cient, expressed in inverse megameters (Mm -1 ).

(c) ‘Federal Class I Area.’ A national park wh ich exceeds 6,000 acres, national wilderness area which exceeds 5,000 acres, national memorial park which exceeds 5,000 acres, or any international park, which was in existence as of August 7, 1977.

(d) ‘In existence.’ As used in Section 249.1(b)(2) of this Part, the owner or operator has obtained all necessary preconstruction approvals or permits required by federal, state, or local ai r pollution emissions and air quality laws or regulations and eith er has (1) begun, or caused to begin, a continuous program of physical onsite construction of the facility or (2) entered into binding agreements or contractual obligations, which cannot

be canceled 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.

(e) ‘Light extinction.’ The proces s of light being absorbed or sca ttered as it passes through a medium, such as the atmosphere.Page 4 of 6 (f) ‘Natural Visibility Conditions .’ Includes naturally occurring phen omena that reduce visibility as measured in terms of light extinction, visual range, contra st, or coloration.

(g) ‘Reconstruction.’ Where the fixed capital cost of the new component exceeds 50 percent of the fixed capital cost of a comparable entirely new source. Any final decision as to whether reconstruction has occurred must be made in accordance with the pr ovisions of 40 CFR 60.15 (f) (1) through (3).

(h) ‘Regional haze.’ Visibility im pairment that is caused by the em ission of visibility-impairing air pollutants from numerous sources lo cated over a wide geographic area.

(i) ‘Visibility-impairing polluta nt.’ Sulfur dioxide (SO 2 ), nitrogen oxides (NO x ), and particulate matter less than or equal to 10 microns in diameter (PM 10 ).

(j) ‘Visibility impairment.’ Any humanly perceptible change in visibility (lig ht extinction, visual range, contrast, coloration) from that which w ould have existed unde r natural conditions.

Section 249.3 Requirements for Sources Subjec t to Case-by-Case BART Determinations (a) The owner or operator of a source that is dete rmined to be BART-eligible and whose emissions of visibility-impairing pollutants result in a visibility impairment equal to or greater than 0.1 deciviews in any

Federal Class I Area must conduct an analysis to determine the appropri ate emission limitation necessary to meet BART requirements. The analysis must consider , with respect to each visi bility-impairing pollutant emitted by the source, the following factors:

(1) the costs of compliance;Page 5 of 6 (2) the energy and non-air quality environmental impacts of compliance;

(3) any existing pollution contro l technology in use at the source;

(4) the remaining useful life of the source; and,

(5) the degree of improvement in visibility whic h may reasonably be anticip ated to result from the use of such technology.

(b) The analysis must evaluate retrofit control options for each visibility-impairing pollutant unless facility-wide emissions for the relevant visibility-impairi ng pollutant are at or below the de minimis level. The facility-wide de minimis emi ssions levels are 40 tpy of SO 2 or NO x , and 15 tpy of PM 10 .

(c) Any required BART analysis must be submitted to the department by October 1, 2010.

(d) Control equipment or other emission reduction methods approved by the department as BART must be installed and operating no later than January 1, 2014.

(e) Before commencing any require d construction or process change s, the owner or operator must submit an application for a permit or permit modifi cation as required under Part 201 of this Title.

(f) Each BART determination established by the De partment will be submitted to the United States Environmental Protection Agency for approval as a revision to the State Implementation Plan.Page 6 of 6 Section 249.4 Emissions Tests and Monitoring (a) The owner or operator of the stationary sour ce to which BART requirement s apply must perform an emissions test according to a protocol approved by the department. This pr otocol must be s ubmitted within six months of the commencement of operation of the BART c ontrols. The protocol must include a schedule (using the date of department approval of the protocol as the starting event) for the performance of the required

emissions test and submission of the emissions test re port. The emissions test must demonstrate that the necessary emission reductions of visibi lity-impairing pollutants and other requirements under this Part are being met. Testing methods for particulate matter must quantify the emissions of PM 10 and particulate matter less than or equal to 2.5 microns in diameter (PM 2.5 ). Both filterable and condensab le particulate matter must be

included.

(b) The owner or operator of the stationary source subject to BA RT requirements must provide, along with the analysis required under Section 249.3 of this Part, a proposal for an appropriate emissions monitoring technology that will be imp lemented at the source.