Proposed Part 249, Best Available Retrofit Technology (BART) and Part 200, General Provisions

The proposed Part 249, Best Available Retrofit Technology (BART), is being drafted pursuant to Clean Air Act Section 169A and the federal Regional Haze Rule (July 1, 1999; 64 FR 35714) to reduce regional haze in Federal Class I areas, and to restore natural visibility conditions in these areas by 2064. The Department is obligated to promulgate this rule, as sources in New York State contribute to these haze issues in Class I areas of downwind states. Sources eligible for BART are those which belong to one of 26 specific source categories; Commenced operation between August 7, 1962 and August 7, 1977, or underwent reconstruction during this time period; and, have the potential to emit 250 tpy or more of any of the visibility-impairing pollutants: SO₂, NO_x, or PM₁₀.

Facilities with eligible sources which cause or contribute to visibility impairment in downwind Federal Class I areas will be required to perform an analysis of potential controls for all visibility-impairing pollutants (except for those with facility-wide emissions which fall below the de minimis levels of 40 tpy of SO₂ or NO_x and 15 tpy of PM₁₀). The BART analysis will consider the following factors: The costs of compliance; the energy and non-air quality environmental impacts of compliance; any existing pollution control technology 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 the use of such technology. Under the proposed regulation, this analysis of controls is scheduled to be due to the Department by October 1, 2010. The Department is proposing that approved control equipment or other emission reduction methods be installed and operating no later than July 1, 2013.

Express Terms Part 249, Best Available Retrofit Technology
Express Terms Part 200, General Provisions
Regulatory Impact Statement Summary
Regulatory Impact Statement
Job Impact Statement
Rural Area Flexibility Analysis
Regulatory Flexibility Analysis for Small Businesses and Local Governments

Written comments are accepted through 5pm, December 10, 2009 and should be directed to:

Scott Griffin
New York State Department of Environmental Conservation
Division of Air Resources
625 Broadway, 2nd Floor
Albany, New York 12233-3251
Telephone (518) 402-8396
Email: 249bart@gw.dec.state.ny.us

More about Proposed Part 249, Best Available Retrofit Technology (BART) and Part 200, General Provisions:

Express Terms 6 NYCRR Part 249, Best Available Retrofit Technology (BART) - Express Terms
Express Terms Part 200, General Provisions as related to Part 249 - Express Terms
Regulatory Impact Statement Summary 6 NYCRR Part 249, Best Available Retrofit Technology (BART) - Regulatory Impact Statement Summary
Regulatory Impact Statement 6 NYCRR Part 249, Best Available Retrofit Technology (BART) - Regulatory Impact Statement
Job Impact Statement 6 NYCRR Part 249, Best Available Retrofit Technology (BART) - Job Impact Statement
Rural Area Flexibility Analysis 6 NYCRR Part 249, Best Available Retrofit Technology (BART) - Rural Area Flexibility Analysis
Regulatory Flexibility Analysis for Small Businesses and Local Governments 6 NYCRR Part 249, Best Available Retrofit Technology (BART) - Regulatory Flexibility Analysis for Small Businesses and Local Governments