326 IAC 26-1-7 Alternative to BART

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.