(a) For purposes of this section, the
following are adopted by reference:
(1)
40
C.F.R.
51.301 (Definitions), as revised as of
July 1, 2007, except that
(A) "fugitive
emissions" has the meaning given in
18 AAC
50.990;
(B) "major stationary source" has the meaning
given in
AS
46.14.990 and
18 AAC
50.990;
(C) "potential to emit" has the meaning
given in
AS
46.14.990;
(D) "stationary source" has the meaning given
in
AS
46.14.990;
(2) 40 C.F.R. Part
51, Appendix Y (guidelines
for BART determinations under the regional haze rule), as revised as of July 1,
2007.
(b) Sources
subject to a best available retrofit technology (BART) emission limitation will
be identified consistent with Section III of the BART guidelines. No more than
five days after December 30, 2007, the department will notify the owner or
operator of each source subject to BART in writing and will identify the
affected Class I areas. A written notice provided to the owner or operator
before December 30, 2007 satisfies the notification requirement in this
subsection. Unless the department exempts a source in accordance with Section
III of the BART guidelines, each source subject to BART shall comply with (d) -
(h) and (l) - (o) of this section.
(c) An owner or operator notified under (b)
of this section may request an exemption from BART. An exemption from BART
approved by the department in writing before December 30, 2007 has the same
effect as an exemption approved under this subsection. An exemption from BART
must be requested and will be processed as follows:
(1) the owner or operator shall
(A) notify the department, no more than 10
days after the later of December 30, 2007 or the date of the department's
notice under (b) of this section that the owner or operator intends to request
exemption from BART through visibility impact analysis modeling; and
(B) submit, no more than 30 days after the
later of December 30, 2007 or the date of the department's notice under (b) of
this section, a visibility impact analysis modeling protocol that will meet the
requirements of (h)(3) of this section for refined visibility impact analysis
modeling;
(2) no more
than 30 days after receiving a submission under (1)(B) of this subsection, the
department will
(A) approve the modeling
protocol; or
(B) disapprove the
modeling protocol and notify the owner or operator of the reasons for the
disapproval;
(3) upon
approval of the modeling protocol, the owner or operator shall
(A) conduct a visibility impact analysis in
accordance with (h)(3) of this section; and
(B) submit the visibility impact analysis
report, including all supporting documentation, to the department no than 60
days after the date of the department's approval under (2)(A) of this
subsection; if a modeling protocol is submitted and approved before December
30, 2007, the visibility impact analysis report required under this
subparagraph shall be submitted no later than March 30, 2008;
(4) the department will approve an
exemption if the owner or operator meets the requirements of (1) and (3) of
this subsection and the information submitted adequately demonstrates that the
BART-eligible source is not reasonably anticipated to cause or contribute to
any impairment of visibility in a Class I area identified in the department's
notice under (b) of this section;
(5) if the department disapproves an
exemption, the owner or operator shall
(A)
submit a BART control analysis in accordance with (d) - (o) of this section;
or
(B) submit an application under
18 AAC 50.225 for an owner
requested limit (ORL); that application must be submitted no more than 30 days
after the date of the disapproval; upon approval of an owner requested limit
under
18 AAC 50.225, the owner or
operator shall comply with the terms and conditions of that approval; if the
owner requested limit is subsequently rescinded, the owner or operator shall
conduct a BART control analysis in accordance with (d) - (o) of this section;
(6) the department will
notify each owner or operator, EPA, and each affected federal land manager, in
writing, of a department approval or disapproval under this subsection; if the
decision is to approve an exemption, either through visibility impact analysis
or an owner requested limit, the department will explain what requirements of
this section no longer apply to the BART-eligible source.
(d) If an owner or operator does not submit a
modeling protocol under (c)(1) of this section, or if the department
disapproves the exemption request under (c) of this section, the owner or
operator shall submit a BART assessment modeling protocol that meets the
requirements of (h)(3) of this section for control technology visibility impact
analysis modeling no more than 30 days after the latest of December 30, 2007,
the date of the department's notice under (b) of this section, or the date of
the department's notice disapproving the exemption request under (c) of this
section. No more than 30 days after submission of a modeling protocol under
this subsection, the department will
(1)
approve the modeling protocol; or
(2) disapprove the modeling protocol and
notify the owner or operator of the reasons for the disapproval.
(e) For purposes of analyzing the
visibility impact from potential control technologies, the owner or operator of
each source subject to BART shall submit to the department an analysis of
control options consistent with Section IV of the BART guidelines
(1) no more than 210 days after the later of
December 30, 2007 or the date of the department's notice under (b) of this
section, if the owner or operator did not submit an exemption modeling protocol
under (c)(1) of this section; or
(2) no more than 180 days after the date of the department's
notice disapproving an exemption request submitted under (c) of this section.
(f) The pollutants of
concern for purposes of BART are nitrogen dioxide, sulfur dioxide, and
PM-10.
(g) If an owner or operator
elects to apply, or has already applied, the most stringent controls available
consistent with the analysis conducted under (e) of this section, the owner or
operator is not required to conduct a visibility impact analysis for the
emissions units and pollutants to which the controls are to be or have been
applied.
(h) A visibility impact
analysis must
(1) use an identical modeling
approach for comparing the pre-control and post-control impacts of potential
BART controls;
(2) determine the
maximum change in visibility impacts, in daily deciviews, between the current
or pre-control technology and each potential BART control option consistent
with the approved modeling protocol compared to the annual average default
natural visibility condition as listed in EPA's Guidance for Estimating Natural
Visibility Conditions Under the Regional Haze Rule, EPA-454/B-03-005, dated
September 2003 and adopted by reference, at each Class I area identified in the
department's notice under (b) of this section; and
(3) be conducted in a manner consistent with
either
(A) the Western Regional Air
Partnership's CALMET/CALPUFF Protocol for BART Exemption Screening Analysis for
Class I Areas in the Western United States, dated August 15, 2006 and adopted
by reference, as amended by the Western Regional Air Partnership's Summary of
WRAP RMC BART Modeling for Alaska, Draft #7, dated April 6, 2007 and adopted by
reference; or
(B) a modified
protocol that was first submitted as a draft and made available for at least a
15-day review by EPA and each affected federal land manager, and subsequently
approved in writing by the department.
(i) The department will request from the
owner or operator any additional information necessary to complete review of
the analysis of control options for a source subject to BART. The department
will establish a reasonable deadline for submitting the information after
consulting the owner or operator. The owner or operator shall provide such
information no later than the deadline established by the department.
(j) The department will review each analysis
of control options and issue a preliminary BART determination for each
emissions unit at each source subject to BART. In the preliminary BART
determination, the department will include
(1) the pollutant-specific emissions limits
for each emission unit at each source subject to BART; and
(2) the monitoring, record-keeping, and
reporting needed to demonstrate compliance with the emission limits, consistent
with
40 C.F.R.
71.6(a)(3), adopted by
reference in
18 AAC
50.040(j).
(k) No more than 120
days after receipt of BART analysis under (e) of this section, the department
will publish a notice of its preliminary BART determination and provide at
least 30 days for the public to comment in accordance with
40
C.F.R.
71.11, adopted by reference in
18 AAC
50.040(j),
except as follows:
(1) the department may
distribute a public notice to a person by electronic mail; if a person requests
to be sent notice by postal mail instead of electronic mail, the department
will send the notice by postal mail;
(2) the department will hold a public hearing
only if one is requested within 15 days after publication of the
notice.
(l) Within 15
days after the deadline for receipt of public comments, and after consideration
of comments and testimony received, the department will make a final BART
determination and provide written notice of the final determination to each
owner or operator, EPA, each affected federal land manager, and any person who
commented on the preliminary BART determination. In the final BART
determination, the department will include
(1) the pollutant-specific emission limits
for each emissions unit at each source subject to BART; and
(2) the monitoring, record-keeping, and
reporting needed to demonstrate compliance with the emission limits, consistent
with
40 C.F.R.
71.6(a)(3), adopted by
reference in
18 AAC
50.040(j).
(m) An informal review
of the final BART determination may be requested as prescribed in
18 AAC 15.185. An adjudicatory
hearing of the final BART determination may be requested as prescribed in
18 AAC 15.195 -
18 AAC 15.340.
(n) As expeditiously as practicable, but in
no case more than five years after the date of EPA approval of the regional
haze state implementation plan required under
42
U.S.C.
7410 and
7491,
the owner or operator of a source that is subject to a final BART determination
under this section shall comply with the requirements established in that
determination.
(o) The owner or
operator of a source required to install control equipment to comply with the
BART determination shall
(1) maintain the
control equipment and establish procedures to ensure that the equipment is
properly operated and maintained; and
(2) conduct monitoring, recordkeeping, and
reporting in accordance with methods set out in the final BART
determination.
(p)
Department services under this section are designated regulatory services for
pre-application assistance and will be billed to the operating permit covering
the source subject to BART as set out in
18 AAC 50.400(h).
(q) In this section,
(1) "BART" has the meaning given the term
"Best Available Retrofit Technology" in
40
C.F.R.
51.301, adopted by reference in (a) of
this section;
(2) "BART-eligible
source" has the meaning given in
40
C.F.R.
51.301, adopted by reference in (a) of
this section;
(3) "BART guidelines"
means 40 C.F.R. Part
51, Appendix Y (Guidelines for BART determinations under
the regional haze rule) adopted by reference in (a) of this section;
(4) "cause or contribute to impairment of
visibility" means to release emissions that produce a 0.5 or greater change in
the daily deciview when compared against natural conditions; for purposes of
this paragraph, "natural conditions" includes naturally occurring phenomena
that reduce visibility as measured in terms of light extinction, visual range,
contrast, or coloration;
(5)
"deciview" has the meaning given in
40
C.F.R.
51.301, adopted by reference in (a) of
this section;
(6) "existing
stationary facility" has the meaning given in
40
C.F.R.
51.301, adopted by reference in (a) of
this section;
(7) "federal land
manager" has the meaning given in
40
C.F.R.
51.301, adopted by reference in (a) of
this section;
(8) "maximum change"
means the greatest relative change in visibility between pre-BART controls and
post-BART controls for purposes of this section;
(9) "source subject to BART" means a source
identified by the department in accordance with Section III of the BART
guidelines;
(10) "visibility impact
analysis" means an air quality modeling analysis conducted for the purposes of
determining visibility impacts.