N.Y. Comp. Codes R. & Regs. tit. 6 § 249.1

Current through Register Vol. 46, No. 45, November 2, 2024

Section 249.1 - Purpose and applicability

(a) This Part restricts the emissions of visibility-impairing pollutants by requiring the installation of Best Available Retrofit Technology (BART) on a BART-eligible stationary source to reduce regional haze and restore natural visibility conditions to Federal Class I Areas.

(b) Except as provided under subdivision (c) of this section, this Part applies to any stationary source that has been determined to be BART-eligible and whose emissions require control pursuant to section 169A of the act. BART-eligible refers to any stationary source that:

(1) is in one of 26 specific source categories identified in section 231- 2.2(c)(1) through (26) of this Title;

(2) was not in operation prior to August 7, 1962 and was in existence on August 7, 1977, or underwent reconstruction between August 7, 1962 and August 7, 1977; and

(3) has a potential to emit (PTE) 250 tons per year (tpy) or more of any visibility-impairing pollutant.

(c) Exempted from the provisions of this Part is any BART-eligible source that:

(1) is subject to a permit condition that restricts the source's PTE to less than 250 tpy for each visibility-impairing pollutant;

(2) is subject to a permit condition that requires the source to permanently shut down by January 1, 2014; or

(3) has shown through modeling or other means acceptable to the department that it does not or will not emit any combination of visibility-impairing pollutants that results in a visibility impairment equal to or greater than 0.1 deciviews in any Federal Class I Area.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 249.1