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

1. (1) is in one of 26 specific source categories identified in section 231-2.2(c)(1) through (26) of this Title;
2. (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
3. (3) has a potential to emit (PTE) 250 tons per year (tpy) or more of any visibility-impairing pollutant.

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

1. (1) is subject to a permit condition that restricts the source's PTE to less than 250 tpy for each visibility-impairing pollutant;
2. (2) is subject to a permit condition that requires the source to permanently shut down by January 1, 2014; or
3. (3) has shown through modeling or other means acceptable to the department that it does not or will not emit any combination of visibility-impairing pollutants that results in a visibility impairment equal to or greater than 0.1 deciviews in any Federal Class I Area.