1. RA BART Overview
Deb Wolfe
8/9/2019

2. Introduction Phase I Regional Haze Rules
Reasonably Attributable Visibility Impairment and Best Available Retrofit Technology
Attribution Process for BART-eligible sources
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3. History 1977 Clean Air Act establishes visibility protection –
42 USC §7491 & 7492
Targets protection for Class I areas
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4. National Goal
“The prevention of any future, and the remedying of any existing, impairment in visibility in mandatory class I areas which impairment results from manmade [sic] air pollution.”
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5. Rule History Congress directs EPA to promulgate rules
EPA issues rules in phased approach
Phase I: Visibility impairment that is reasonably attributable to one source
Promulgated 1980
Phase II: Visibility impairment attributable to multiple sources located across broad geographic regions
Promulgated 1999
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6. Phase I
40 CFR §
Develop SIP programs targeting visibility impairing emissions from identifiable sources
RA BART (§302)
Exemptions from BART (§303)
I.D. integral vistas (§304)
Monitoring (§305)
Long-term strategy (§306)
New Source Review (§307)
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7. Phase II
40 CFR §308 & 309
Develop SIP programs targeting visibility impairment caused by sources not readily identifiable.
Regional Haze SIPs (§308)
Meeting reasonable progress goals
Regional Haze SIPs for Grand Canyon visibility protection (§309)
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8. RA BART Emission limitation Applicable to an existing source
Case-by-case analysis
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9. RA Applicability Process
Primary steps
FLM certifies visibility impairment exists
State identifies whether existing facilities are causing or contributing to impairment
State performs BART analysis on source found to be reasonably attributable
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10. FLM certification
Screening process criteria for §308 – prior to certifying impairment
Levels of visibility-impairing pollutants are not decreasing
Source located within 100 miles of Class I area
Source not already well-controlled
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11. FLM certification, con’t.
Screening process criteria for §309 – prior to certification
Levels of sulfate not decreasing
Source located within 100 miles of Class I area
Source not already well controlled for SO2
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12. State Assessment Evaluating BART-eligible sources
Definition of “existing stationary source”
EPA guidance for determining BART-eligible source
EI or permit information to confirm size
State business records to confirm dates
Source information on construction dates
Institutional memory
NSR permit info for new unit construction dates
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13. Review FLM information
Consider data substantiating certification
IMPROVE monitoring data
Description of type of impairment (plume or layered haze)
Location of observer and and observed impairment
Meteorological conditions
Time of day and year impairment was observed
Photographs
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14. Review other available data
State monitoring data
Special studies
Permit modeling data
Other agency data
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15. Consultation Process Stakeholders and public involvement
Affected sources
Neighboring states/tribes
EPA
FLMs
Environmental interests
Local government agencies
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16. Prepare Report Summarize and assess data
Preliminary determination of BART-eligible sources
Relative contributions to impairment
Identify data “gaps” or inconsistencies
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17. Determination Results
Impairment may be reasonably attributed to an existing source
Begin BART analysis
Impairment may not be reasonably attributed to an existing source
Address impairment in long term strategy as a as part of regional haze remedy
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18. American Corn Growers
States have authority for making RA BART attribution decisions
States have authority for making RA BART determinations
Rules remanded to EPA for remedy in accord with court decision
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