Section 326IAC26-1-6. BART analysis

   (a) The owner or operator of a source determined to be subject to BART shall submit one (1) of the following:

(1) A BART analysis to the department within two hundred seventy (270) days of the latter of either the:

(A) date of the written notification from the department that the source is subject to BART; or

(B) effective date of this rule.

(2) A description and analysis of the BART-eligible emission units sufficient to demonstrate that the source is not subject to BART within ninety (90) days of the date of the written notification from the department that the source is subject to BART. After the submittal of a description and analysis that the source is not subject to BART, if the source receives notification from the department that the description and analysis are inadequate and that the source is subject to BART, the source shall submit a BART analysis to the department within one hundred eighty (180) days of the date of the notification of inadequacy.

  (b) The department shall review the BART analysis for completeness and notify the source of its completeness determination within sixty (60) days of receipt of the BART analysis. 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.

  (c) The BART analysis under subsection (a)(1) must comply with 40 CFR 51, Appendix Y, "Guidelines for BART Determinations Under the Regional Haze Rule*" and must consider the following factors:

(1) The costs of compliance.

(2) The energy and nonair quality environmental impacts of compliance.

(3) Any existing pollution control technology in use at the source.

(4) The remaining useful life of the source.

(5) The degree of visibility improvement that may reasonably be anticipated from the use of BART.

  (d) At a minimum, the BART analysis shall address SO₂, NO_x, and particulate matter emissions if emissions of those pollutants are equal to or greater than the following levels for the source:

(1) Forty (40) tons per year of SO₂ or NO_x.

(2) Fifteen (15) tons per year of particulate matter with an aerodynamic diameter less than ten (10) micrometers (PM₁₀).

  (e) The department may require additional information from sources subject to BART to complete the review of the BART analysis.

  (f) Within two hundred seventy (270) days of the completeness review under subsection (b), the department shall provide a written notification to the owner or operator of a source subject to BART indicating whether the analysis is approved.

  (g) For sources required to submit an analysis under this section 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 (f).

  *This document is 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. (Air Pollution Control Division; 326 IAC 26-1-6; filed Jan 23, 2008, 1:37 p.m.: 20080220-IR-326060208FRA)