N.Y. Comp. Codes R. & Regs. tit. 6, § 249.3 – Requirements for sources subject to case-by-case BART determinations.

(a) The owner or operator of a source that is determined 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 appropriate emission limitation necessary to meet BART requirements. The analysis must consider, with respect to each visibility-impairing pollutant emitted by the source, the following factors:
1. (1) the costs of compliance;
2. (2) the energy and non-air quality environmental impacts of compliance;
3. (3) any existing pollution control technology in use at the source;
4. (4) the remaining useful life of the source; and
5. (5) the degree of improvement in visibility which may reasonably be anticipated 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-impairing pollutant are at or below the de minimis level. The facility-wide de minimis emissions levels are 40 tpy of SO₂ or NO_x, and 15 tpy of PM₁₀.
(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 required construction or process changes, the owner or operator must submit an application for a permit or permit modification as required under Part 201 of this Title.
(f) Each BART determination established by the department will be submitted to the United States Environmental Protection Agency for approval as a revision to the State Implementation Plan.