6 CRR-NY 249.1NY-CRR

STATE COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW YORK
TITLE 6. DEPARTMENT OF ENVIRONMENTAL CONSERVATION
CHAPTER III. AIR RESOURCES
SUBCHAPTER A. PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION
PART 249. BEST AVAILABLE RETROFIT TECHNOLOGY (BART)
6 CRR-NY 249.1
6 CRR-NY 249.1
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.
6 CRR-NY 249.1
Current through February 15, 2022
End of Document

IMPORTANT NOTE REGARDING CONTENT CURRENCY: The "Current through" date indicated immediately above is the date of the most recently produced official NYCRR supplement covering this rule section. For later updates to this section, if any, please: consult editions of the NYS Register published after this date; or contact the NYS Department of State Division of Administrative Rules at [email protected]. See Help for additional information on the currency of this unofficial version of NYS Rules.