For an existing stationary facility that causes visibility impairment in any mandatory Class I Federal area, the Technical Secretary shall specify on the operating permit(s) as permit conditions the emission limitation that is "best available retrofit technology (BART)", subject to the following provisions:

(1) Best available retrofit technology (BART) must be determined for fossil-fuel fired generating lants having a total generating capacity in excess of 750 megawatts pursuant to "Guidelines for Determining Best Available Retrofit Technology for Coal-fired Power Plants and Other Stationary Facilities" (1980).
(2) Each existing stationary facility is required to install and operate BART as expeditiously as practicable but in no case later than five years after July 24, 1994.
(3) A BART analysis will be provided for any existing stationary facility that might cause or contribute to impairment of visibility in any mandatory Class I Federal area at such times, as determined by the EPA, as new technology for control of the pollutant becomes reasonably available and if:
(a) The pollutant is emitted by that existing stationary facility:
(b) Controls representing BART for the pollutant have not previously been required under this rules; and
(c) The impairment of visibility in any mandatory Class I Federal area is reasonably attributable to the emissions of that pollutant.


Tenn. Comp. R. & Regs. 1200-03-23-.04
Original rule filed September 21, 1988; effective November 6, 1988. Amendment filed May 10, 1994; effective July 24, 1994.

Authority: T.C.A. ยงยง 68-25-105 and 4-5-201 et. seq.

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