1. (a) Each BART-eligible source that emits any air pollutant which may reasonably be anticipated to cause or contribute to visibility impairment in any mandatory Class I Federal area is subject to BART. This shall be determined using the criteria in Section III of Appendix Y of 40 CFR 51 in effect on July 6, 2005. Thresholds for visibility impairment are set forth in OAC 252:100-8-73(a)(1) and (2).

   1. (1) A source that is responsible for an impact of 1.0 deciview or more is considered to cause visibility impairment.
   2. (2) A source that causes an impact greater than 0.5 deciviews contributes to visibility impairment.
2. (b) Air pollutants emitted by sources in Oklahoma which may reasonably be anticipated to cause or contribute to visibility impairment in any mandatory Class I Federal area are NO_X, SO₂, PM-10, and PM-2.5.

3. (c) The owner or operator of a BART-eligible source may request and obtain a waiver from the Department that a BART determination is not required:

   1. (1) for SO₂ or forNO_X if the BART-eligible source has the potential to emit less than 40 TPY of such pollutant(s),
   2. (2) for PM-10 if the BART-eligible source has the potential to emit less than 15 TPY of such pollutant, or
   3. (3) if the owner or operator of the BART-eligible source demonstrates by modeling, in accordance with a protocol approved by the Director, that a source does not emit any air pollutant which may reasonably be anticipated to cause or contribute to visibility impairment in any mandatory Class I Federal area.

Added at 24 Ok Reg 297, eff 10-8-06 (emergency)

Added at 24 Ok Reg 1274, eff 6-15-07