1. (1) Applicability. This rule applies to all BART-eligible sources as defined at 40 C.F.R. 51.301, adopted and incorporated by reference at Rule 62-204.800, F.A.C. Failure of the Department to include a particular BART-eligible source on any list of BART-eligible sources it produces does not relieve the owner or operator of such source from responsibility to comply with the requirements of this rule.

2. (2) Definitions. For the purposes of this rule:

   1. (a) All definitions at 40 C.F.R. 51.301 shall apply, including the definition of “Best Available Retrofit Technology (BART)” contained therein.
   2. (b) The term “CAIR Program” shall mean the requirements of 40 C.F.R. 52.540 and 52.541, adopted and incorporated by reference at Rule 62-204.800, F.A.C., or it shall have the meaning given at Rule 62-210.200, F.A.C., whichever is applicable.
   3. (c) The term “Class I area” shall mean any mandatory Class I federal area where visibility is an important value, as set forth at 40 C.F.R. Part 81, Subpart D, adopted and incorporated by reference at Rule 62-204.800, F.A.C.

3. (3) Requirements.

   1. (a) Unless exempted under subsection 62-296.340(5), F.A.C., the owner or operator of a BART-eligible source shall install, operate, and maintain BART, as determined by the Department, for each emissions unit and each pollutant for which a BART determination is required.

      1. The Department shall determine BART for all BART-eligible sources in accordance with the criteria of 40 C.F.R. 51.308(e) and the procedures and guidelines contained in 40 C.F.R. Part 51, Appendix Y, each adopted and incorporated by reference at Rule 62-204.800, F.A.C.

      2. The pollutants for which a BART determination is required are those pollutants identified as visibility-impairing pollutants in 40 C.F.R. Part 51, Appendix Y, excluding volatile organic compounds, ammonia, and ammonia compounds, except that:

      a. A BART determination shall not be required for sulfur dioxide or for nitrogen oxides if the BART-eligible source has the potential to emit less than 40 tons per year of such pollutant(s), or for PM10 if the BART-eligible source has the potential to emit less than 15 tons per year of such pollutant.

      b. A BART determination shall not be required for sulfur dioxide or for nitrogen oxides for any electric generating unit at a BART-eligible source that is subject to the CAIR Program.

   2. (b) The Department shall articulate the basis for its BART determination(s) in an air construction permit.

      1. The owner or operator of a BART-eligible source subject to the requirement for BART determination under paragraph 62-296.340(3)(a), F.A.C., shall perform a BART evaluation for each emissions unit comprising the BART-eligible source and for each pollutant for which a BART determination is required. The BART evaluation shall be performed in accordance with the criteria of 40 C.F.R. 51.308(e) and the procedures and guidelines contained in 40 C.F.R. Part 51, Appendix Y. The BART evaluation and proposed BART determination(s) shall be submitted to the Department in an application for an air construction permit not later than January 31, 2007.

      2. The air construction permit issued by the Department shall require the owner or operator of the BART-eligible source to comply with BART as expeditiously as practicable, but not later than December 31, 2013. Such permit shall also require an operation and maintenance plan for any control equipment required by the BART determination.

      3. Before taking final agency action on any air construction permit application to establish its BART determination(s), the Department shall comply with all applicable provisions of Rule 62-110.106, F.A.C., and, in its intent to issue, provide an opportunity for public comment which shall include at a minimum the following:

      a. Pursuant to Chapter 119, F.S., a complete file available for public inspection at its Tallahassee offices which includes the information submitted by the owner or operator, exclusive of confidential records under Section 403.111, F.S., and the Department’s preliminary BART determination(s);

      b. A 30-day period for submittal of public comments; and,

      c. A notice, by advertisement in a newspaper of general circulation in the county affected, specifying the nature and location of the BART-eligible source and the location of the information specified in sub-subparagraph 62-296.340(3)(b)3.a., F.A.C., and notifying the public of the opportunity for submitting comments. The notice shall be prepared by the Department and published by the applicant in accordance with all applicable provisions of Rule 62-110.106, F.A.C., except that the applicant shall cause the notice to be published no later than thirty (30) days prior to final agency action.

4. (4) Optional Reasonable Progress Evaluation. An electric generating unit that is part of a BART-eligible source and also subject to the CAIR Program shall not be subject to further emissions reductions to meet Florida’s reasonable progress goal for 2018 for any Class I area pursuant to the requirements of 40 C.F.R. 51.308(d)(1), provided that the owner or operator:

   1. (a) Performs a unit-specific BART evaluation for sulfur dioxide and nitrogen oxides in accordance with the criteria of 40 C.F.R. 51.308(e) and the procedures and guidelines contained in 40 C.F.R. Part 51, Appendix Y, and submits such evaluation and proposed BART-equivalent emission limitations for sulfur dioxide and nitrogen oxides to the Department in an application for an air construction permit; and,
   2. (b) Accepts an air construction permit wherein the Department establishes BART-equivalent emission limitations for sulfur dioxide and nitrogen oxides for the unit.
   3. (c) In establishing BART-equivalent emission limitations pursuant to this subsection, the Department shall use the criteria of 40 C.F.R. 51.308(e) and the procedures and guidelines contained in 40 C.F.R. Part 51, Appendix Y, each adopted and incorporated by reference at Rule 62-204.800, F.A.C.
   4. (d) The air construction permit issued by the Department shall require the owner or operator of the unit to comply with the BART-equivalent emission limitations as expeditiously as practicable, but not later than December 31, 2013, if the permit is issued on or before December 31, 2008; or the earlier of December 31, 2017, or the date five years after permit issuance, if the permit is issued after December 31, 2008.
   5. (e) Before taking final agency action on any air construction permit application to establish its BART-equivalent emission limitations, the Department shall provide opportunity for public comment in accordance with the provisions of subparagraph 62-296.340(3)(b)3., F.A.C.
   6. (f) BART-equivalent emission limitations for sulfur dioxide and nitrogen oxides established pursuant to this subsection are separate and distinct from the BART requirements of subsection 62-296.340(3), F.A.C. Noncompliance with a BART-equivalent emission limitation established pursuant to this subsection shall not constitute noncompliance with BART.

5. (5) Exemptions.

   1. (a) A BART-eligible source may demonstrate that it is exempt from the requirement for BART determination for all pollutants by documenting that:

      1. The sum of its potential emissions of sulfur dioxide, nitrogen oxides, and particulate matter (expressed as equivalent tons of sulfur dioxide or nitrogen oxides in terms of its light extinction efficiency) is less than 500 tons per year and the source is located greater than 50 kilometers from all Class I areas, or

      2. The sum of its potential emissions of sulfur dioxide, nitrogen oxides, and particulate matter (expressed as equivalent tons of sulfur dioxide or nitrogen oxides in terms of its light extinction efficiency) is less than 1,000 tons per year and the source is located greater than 100 kilometers from all Class I areas.

   2. (b) A BART-eligible source comprising only electric generating units that are subject to the CAIR Program and other emissions units that emit no visibility-impairing pollutants other than particulate matter may demonstrate that it is exempt from the requirement for BART determination for all pollutants by documenting that:

      1. Its potential emissions of particulate matter (expressed as equivalent tons of sulfur dioxide or nitrogen oxides in terms of its light extinction efficiency) are less than 500 tons per year and the source is located greater than 50 kilometers from all Class I areas, or

      2. Its potential emissions of particulate matter (expressed as equivalent tons of sulfur dioxide or nitrogen oxides in terms of its light extinction efficiency) are less than 1,000 tons per year and the source is located greater than 100 kilometers from all Class I areas.

   3. (c) If unable to claim exemption pursuant to paragraph 62-296.340(5)(a) or (b), F.A.C., a BART-eligible source may demonstrate that it is exempt from the requirement for BART determination for all pollutants by performing an individual source attribution analysis in accordance with the procedures contained in 40 C.F.R. Part 51, Appendix Y. A BART-eligible source is exempt from BART determination requirements if its contribution to visibility impairment, as determined below, does not exceed 0.5 deciviews above natural conditions in any Class I area.

      1. For electric generating units subject to the CAIR Program, the source attribution analysis need only consider particulate matter emissions (including primary sulfate) for comparison with the contribution threshold.

      2. For all other units, the source attribution analysis shall consider sulfur dioxide, nitrogen oxides, and particulate matter emissions collectively for comparison with the contribution threshold.

   4. (d) If the owner or operator of a BART-eligible source requests exemption from the requirement for BART determination for all pollutants by submitting its source attribution analysis or other supporting documentation to the Department not later than January 31, 2007, and the Department ultimately grants such exemption, the requirement for submission of an air construction permit application pursuant to subparagraph 62-296.340(3)(b)1., F.A.C., shall not apply. If the Department denies such exemption, the owner or operator shall submit an application for air construction permit containing a BART evaluation and proposed BART determination(s) to the Department not later than January 31, 2007, or thirty (30) days after receipt of the Department’s denial, whichever is later.

Rulemaking Authority 403.061, 403.087 FS. Law Implemented 403.031, 403.061, 403.087 FS. History–New 1-31-07.