Authority: IC 13-14-8; IC
13-17-3-4; IC
13-17-3-11
Affected: IC 13-15; IC 13-17
Sec. 7.
(a) The
department may approve an alternative to the installation of BART that complies
with the following:
(1) 40 CFR
51, Appendix
Y, "Guidelines for BART Determinations Under the Regional Haze
Rule*".
(2)
40 CFR
51.308(e) *, "Best Available
Retrofit Technology (BART) requirements for regional haze visibility
impairment".
(b) If a
source proposes an alternative to BART, the source shall submit to the
department the BART analysis of the alternative within two hundred seventy
(270) days of the date of the written notification from the department of being
subject to BART as described in section 4(b) of this rule and the analysis must
include the following:
(1) An analysis of the
emission reductions and visibility impacts that would result from the
implementation of BART in accordance with 40 CFR
51, Appendix Y, "Guidelines
for BART Determinations Under the Regional Haze Rule*".
(2) Emission reductions that are surplus to
those reductions resulting from measures adopted to meet requirements of the
Clean Air Act prior to the baseline data used for BART.
(3) A method of evaluating compliance with
the alternative.
(4) A
demonstration that the alternative will achieve greater reasonable progress
towards improving visibility than would be achieved by implementation of the
BART requirements.
(c)
The department shall review the BART analysis for the alternative for
completeness and notify the source of its completeness determination within
sixty (60) days of receipt of the BART analysis for the alternative. A source
that is notified that its BART analysis is incomplete shall submit the missing
information within sixty (60) days of the date of the notification of the
completeness determination.
(d)
Within two hundred seventy (270) days of the completeness review under
subsection (c), the department shall provide a written notification to the
owner or operator of a source subject to BART indicating whether the analysis
is approved.
(e) For sources
required to submit a BART analysis that elect to submit a BART analysis for an
alternative under this section and that do not submit an approveable analysis
in accordance with this section, the department shall determine BART for the
source within ninety (90) days after the end of the period described in
subsection (d).
*These documents are incorporated by reference. Copies may be
obtained from the Government Printing Office, 732 North Capitol Street NW,
Washington, D.C. 20401 or are available for review and copying at the Indiana
Department of Environmental Management, Office of Air Quality, Indiana
Government Center-North, Tenth Floor, 100 North Senate Avenue, Indianapolis,
Indiana 46204.
