8.0 Best Available Retrofit Technology (BART) Requirements
As mandated by 40 CFR Section 51.308(e), the State of New York, along with other states, is required to submit an implementation plan containing emission limitations representing BART and schedules for compliance with BART for each BART-eligible source that may reasonably be anticipated to cause or contribute to any impairment of visibility in any Class I Federal area. BART requirements are intended to reduce emissions specifically from large sources that, due to age, were exempted from new source performance standards (NSPS) requirements of the Clean Air Act. BART controls must be implemented unless the Department demonstrates that an emissions trading program or other alternative will achieve greater reasonable progress toward natural visibility conditions.
New York State, with the help of the MANE-VU Regional Planning Organization, has developed a strategy to implement the requirements of BART that includes the adoption of a state rule that will contain the requirements for BART controls. BART-eligible sources and the associated control requirements will be identified as a result of the promulgation of this rule, which will also define the applicability of BART controls, include provisions for a schedule by which controls must be installed, and provide for the establishment of enforceable permit conditions and limits to ensure compliance.
8.1 BART and the Clean Air Interstate Rule
The BART-eligible electricity generating units (EGUs) in MANE-VU represent the largest emissions reduction potential among the various BART-eligible source categories. The population of BART-Eligible EGUs within the MANE-VU domain can be broadly divided into four groups.
- CAIR States (year-round): Those in states eligible for participation in the EPA Clean Air Interstate Rule (CAIR) program on a year round basis (Delaware, District of Columbia, Maryland, New Jersey, New York, and Pennsylvania for SO2 and NOx), and
- CAIR States (seasonal): Those in states that participate in the seasonal CAIR program only (Connecticut and Massachusetts for summertime NOx), and
- Opt-out States: Those in states that are not eligible to participate in the annual CAIR program and choose not to participate in the seasonal CAIR program (Rhode Island and New Hampshire), and
- Non-CAIR States: Those in states which are not eligible to participate in the CAIR program (Maine and Vermont).
EPA determined that the application of CAIR will satisfy BART for those EGUs in states that participated in the CAIR program. The reason for this is that EPA contends that CAIR will achieve reductions that are "better-than-BART." EPA supported this position in the final BART rule, detailed in Appendix O: Supplemental Air Quality Modeling Technical Support Document (TSD) for the Clean Air Interstate Rule (CAIR), May 2004. This applied for all BART-eligible EGUs in Pennsylvania, Delaware, Maryland, the District of Columbia, New Jersey, and New York. Those EGUs located in Connecticut and Massachusetts were also included in the CAIR program, but only with respect to their emissions of ozone season NOx.
Though New York implemented (CAIR) through the promulgation of 6 NYCRR Parts 243, 244 and 245, it is requiring BART-eligible EGU's to undergo a BART determination in accordance with the provisions of the federal BART Rule (see Section 8.3). Given that EPA will be required to revise its rules to respond to the CAIR remand, performing the BART determinations at this time will complete this requirement and not make it subject to another BART review after EPA responds to the CAIR remand.
The BART Guidelines (40 CFR Appendix Y) provide criteria for determining if other programs will produce reductions equivalent to BART. These criteria, sometimes referred to as the "better-than-BART-test," consist of:
- A determination if the geographic distribution of emissions reductions from the two programs is expected to be similar, the comparison can be made based on emissions alone, or
- If the distribution of emissions reductions is anticipated to be significantly different, then a two-pronged visibility improvement test is employed. The first prong is that the alternative program must not result in a degradation of visibility at any Class I area. The second prong is that the alternative program must result in greater visibility improvement overall, based on an average across all affected Class I areas.
Section (e)(2) of the Regional Haze Rule provides that a state may opt to implement an emissions trading program or other alternative measure rather than to require sources subject to BART to install, operate and maintain BART. To do so, the State must demonstrate that this emissions trading program or other alternative measure will achieve greater reasonable progress than would be achieved through the installation and operation of BART. To make this demonstration, the State must submit an implementation plan containing the elements listed in Section (e)(2).
8.2 Large Electrical Generating Units
Under 40 CFR §51.308(e)(1)(i)(B) of the Regional Haze Rule, the determination of BART for fossil fuel fired power plants having a total generating capacity of greater than 750 megawatts must be made pursuant to the guidelines of Appendix Y of this part of the CFR (Guidelines for BART Determinations under the Regional Haze Rule). The EPA adopted those guidelines on July 6, 2005. The guidelines provide a process for making BART determinations that States can use in implementing the regional haze BART requirements on a source-by-source basis, as provided in 40 CFR 51.308(e)(1). States must follow the guidelines in making BART determinations on a source-by-source basis for power plants of greater than 750 megawatts (MW) but are not required to use the process in the guidelines when making BART determinations for other types of sources.
8.3 The Federal BART Rule
The EPA finalized the federal BART facility-by-facility requirements of the Regional Haze Rule on June 15, 2005. The BART program requires states to develop an inventory of sources within each state or tribal jurisdiction that would be eligible for controls as described above. The rule contains elements that:
- Outline methods to determine if a source is eligible for the application of controls
- Outline methods to determine if these sources are "reasonably anticipated to cause or contribute to haze"
- Define the methodology for conducting BART control analysis
- Provide presumptive limits for electricity generating units (EGUs) larger than 750 Megawatts, and
- Provide a justification for the use of the Clean Air Interstate Rule (CAIR) as BART for CAIR affected EGUs.
The first step in the BART process is identifying sources that are "BART-eligible." BART-eligible sources are those that:
- Fall into one of 26 specific source categories identified in the Clean Air Act;
- Have units that were in existence on August 7, 1977, but had not been in operation for more than fifteen years as of that date (prior to August 7, 1962); and
- Have a potential to emit (PTE) 250 tons per year (TPY) or more of any single visibility impairing pollutant. These pollutants include SO2, NOx, VOCs, PM10 and ammonia. States are allowed flexibility in addressing ammonia and VOC sources. New York State has chosen not to include controls for ammonia and VOC's as a part of its BART and regional haze programs.
Many facilities in the MANE-VU region that were potentially BART-eligible were relatively small emission sources with potential emissions that exceed the statutory threshold of 250 tons per year or more, but with actual emissions of visibility impairing pollutants of well under 250 tons in any year. Facilities such as these can accept a permit limitation, restricting their emissions to less than 250 tons per year. Any otherwise BART-eligible facility may "cap-out" of BART. New York will provide for this through the placement of emission restrictions in each facility's Title V permit. Figure 8-1 shows tentative NYS BART sources.
According to 40 CFR §51.308(e)(1)(ii)(C) of the Regional Haze Rule, states are not required to make a determination of BART for SO2 or for NOx if a BART eligible source has the potential to emit less than 40 tons per year of such pollutants, or for PM10 if a BART eligible source emits less than 15 tons per year of such pollutant.
As allowed by 40 CFR §51.308(e)(1)(iii) of the Regional Haze Rule, if it is determined in establishing BART that technological or economic limitations exist on the applicability of measurement methodology to a particular source which would make the imposition of an emission standard infeasible, a design, equipment, work practice, or other operational standard, or combination thereof, requiring the application of BART may be proposed by the facility owner. Such standard, to the degree possible, is to set forth the emission reduction to be achieved by implementation of such design, equipment, work practice or operation, must provide for compliance by means which achieve equivalent results, and must be approved by the Department.
Once a source is found to be "eligible" under the BART program, states must determine if that facility causes or contributes to the formation of haze at any Class I area. Three methods can be used to determine if a source reasonably causes or contributes to regional haze in any Class I area, including:
- Individual source assessment (Exemption Modeling) - This assessment uses CALPUFF or other EPA approved modeling methods. Results of modeling would be compared to natural background conditions. The EPA defined "cause" as an impact of 1.0 deciview or more and "contribute" as an impact of 0.5 deciview or more. However, states have the discretion to set lower thresholds for contribution.
- Cumulative assessment of all BART "eligible sources" - Under this approach, all eligible sources can be determined to be subject to BART. This method could also be used to analyze an area's contribution to visibility impairment and demonstrate that no sources are subject, based on cumulative modeling.
- Assessment based on model plants - This assessment allows states to exempt sources with common characteristics that are determined not to impair visibility at Class I areas.
The EPA provided the states with a great deal of flexibility in implementing the BART program. The Department's BART rule will provide for the assessment of individual source contributions (Option 1 above). New York has preliminarily identified several sources that are considered to be "BART-eligible" based on modeling conducted by MANE-VU. However, New York's BART rule is expected to provide source owners with the opportunity to conduct "exemption modeling" that demonstrates that the candidate sources do not cause or contribute to visibility impairment in Class I areas. The criteria (i.e., threshold by deciview) by which a source may be shown to cause or contribute are also a part of New York's draft rule.
Owners of sources that have been identified as BART-eligible, and have been found to cause or contribute to haze in a Class I area, must conduct an engineering review to determine if the installation of new control requirements is appropriate. This review must take into consideration five factors:
- Energy and non-air environmental impacts
- Existing controls at the source
- Remaining useful life of source
- Visibility improvement reasonably expected from the technology
Once this assessment has been completed, BART controls for each source are identified. In some cases, the installation of controls or other emission reduction measures may need to be undertaken. Another possibility is that controls already in place may be determined to qualify as BART, due, in most cases, to a higher-than-reasonable cost associated with installing additional controls. Other outcomes may include a determination that the source may be shutting down or that the impact of controls would be insufficient to require the reduction of emissions.
8.4 New York State's BART Rule (6 NYCRR Part 249)
The Department is in the process of adopting a regulation to codify the BART requirements. As provided in 40 CFR §51.308(e)(1)(iv), BART must be in operation for each applicable source as expeditiously as practicable but in no event later than five years after approval of the Regional Haze SIP revision by the EPA. The Department's BART rule will require that each source subject to BART must submit its plan detailing how it will comply with the BART requirements by October 1, 2010. The plan must show that the required BART controls will be installed by a July 1, 2013 deadline. July 1, 2013 is also the date by which sources that wish to avoid BART controls must "cap out" or shut down. The requirement to implement BART by July 1, 2013 is within the 5-year requirement for the installation of controls.
Requirements for implementing BART controls or achieving emission reductions from a BART-eligible source, along with compliance schedules, will be placed in each source's air quality permit. Most of these sources operate under Title V permits per 6 NYCRR Part 201 and 40 CFR Part 70. Under New York's Title V permitting program, conditions placed in permits must have a basis in a regulation containing the requirements for BART controls, necessitating the promulgation of a BART rule as mentioned above. State-level BART rulemaking will provide New York with the necessary authority to require BART analyses, install controls, develop compliance schedules, recordkeeping, reporting and other elements required under the federal haze program. The rule mirrors the federal BART regulation except as it pertains to certain CAIR sources, and will require that cost, energy and non-air environmental impacts, existing controls at the source, remaining useful life of source and visibility improvement reasonably expected from the technology be considered in the BART analysis.
The area in which New York's BART rule will vary from the federal rule is that CAIR sources that meet the criteria for being "BART eligible" will not be exempted from the BART rule. Those sources meeting these criteria that cause or contribute to haze in Class I areas will be required to conduct a review to determine if the installation of new control requirements is appropriate.
As provided in 40 CFR §51.308(e)(1)(v), the Title V operating permits for BART sources must include a requirement that each source maintain the control equipment and establish procedures to ensure such equipment is properly operated and maintained. This requirement will be included in the Title V operating permit for each source subject to BART.
The projected schedule for completing this rulemaking is as follows:
Proposal in the NY State Register: October, 2009
Package to Environmental Board: February, 2010
File Regulation with the Secretary of State: April, 2010
Regulation Effective Date: May, 2010
This schedule is included in the comprehensive rulemaking timeline that appears in Table 10-5 of this document.
After the rulemaking is complete, the final list of BART-eligible facilities will be identified and the applicability of BART controls determined. During this period, FLMs will be provided a 60-day review period for the BART determinations, including any BART exemption modeling demonstrations. The permits for these facilities will be modified to include the installation of the necessary controls and a schedule for the operation of any required control equipment developed. The installation of controls, the shutdown of the affected sources, or the imposition of an emission cap accepted by the facility to avoid the need for BART controls will be required to be in place within five years of the EPA's approval of New York's Haze SIP.
Figure 8-1 Tentative NYS BART Sources
The non-EGU sources the are potentially subject to BART requirements are located at the following facilities:
Alcoa Massena Operations (West Plant)
Kodak Park Division
Lafarge Building Materials Inc
Lehigh Northeast Cement Company
Glens Falls, NY
Owens-Corning Delmar Plant
Feura Bush, NY
St Lawrence Cement Corp-Catskill Quarry
International Paper Ticonderoga Mill
EGU sources that are potentially subject to BART requirements are located at the following facilities:
Arthur Kill Generating Station
Staten Island, NY
Bowline Point Generating Station
West Haverstraw, NY
Con Ed-59th St Station
New York, NY
Danskammer Generating Station
Roseton Generating Station
EF Barrett Power Station
Island Park, NY
Northport Power Station
Oswego Harbor Power
Poletti Power Project
Port Jefferson Energy Center
Port Jefferson, NY
Ravenswood Generating Station
Samuel A Carlson Generating Station
Trigen Syracuse Energy Corporation
8.5 Anticipated Visibility Improvement as a Result of BART
MANE-VU conducted modeling analyses of BART-eligible sources using CALPUFF in order to provide a regionally consistent foundation for assessing the degree of visibility improvement which could result from installation of BART controls. It is anticipated that, once BART analyses as required by New York's regulation have been conducted, and the applicable emission controls are installed, a significant reduction in emissions of visibility impairing pollutants will occur. Although New York has no Class I areas, the emissions from its sources are contributory to regional haze in several states that contain Class I areas. Through the collaborative effort described in Section 9, these Class I states have identified control measures that should be applied in order to meet the Reasonable Progress Goals out until 2018. These measures include the application of Best Available Retrofit Technology (BART) to eligible facilities to which New York State is committed through this SIP. The implementation of these measures will, according to the analyses conducted by the Class I areas that developed the "Ask", provide the necessary visibility improvement to meet the Reasonable Progress Goals that will allow the required visibility level for the initial period (i.e., 2018) to be achieved, as well as the natural visibility levels in 2064.