Section 1200-03-23-.08 - EXEMPTIONS FROM BART REQUIREMENTS(1) Any existing stationary facility subject to the requirement of this chapter to install, operate, and maintain BART may apply to the Administrator of the EPA through the Technical Secretary for an exemption from that requirement.(2) An application under this rule must include all available documentation relevant to the impact of the source's emissions on visibility in any mandatory Class I Federal area and a demonstration by the existing stationary facility that it does not or will not, by itself or in combination with other sources, emit any air pollutant which may be reasonably anticipated to cause or contribute to a significant impairment of visibility in any mandatory Class I Federal area.(3) Any fossil-fuel fired power plant with a total generating capacity of 750 megawatts or more may receive an exemption from BART only if the owner or operator of such power plant demonstrates to the satisfaction of the Technical Secretary that such power plant is located at such a distance from all mandatory Class I Federal areas that such power plant does not or will not, by itself or in combination with other sources, emit any air pollutant which may reasonably be anticipated to cause or contribute to significant impairment of visibility in any such mandatory Class I Federal area.(4) The existing stationary facility must give prior written notice to all affected Federal Land Managers of any application for exemption under this rule.(5) The Federal Land Manager may provide an initial recommendation or comment on the disposition of such application. Such recommendation, where provided, must be part of the exemption application. This recommendation is not to be construed as the concurrence required under Paragraph (6) below.(6) The Technical Secretary within 90 days of receipt of an application for exemption from control, will provide notice of receipt of an exemption application and notice of opportunity for public hearing on the application. After notice and opportunity for public hearing, the Technical Secretary may concur with the application for exemption. If the Technical Secretary concurs, the application for exemption accompanied by the Technical Secretary's written concurrence will be forwarded to the Administrator of the EPA who will grant or deny the exemption. An exemption granted by the Administrator of the EPA will be effective only upon concurrence by all affected Federal Land Managers with the Administrator of the EPA's determination.Tenn. Comp. R. & Regs. 1200-03-23-.08
Original rule filed September 21, 1988; effective November 6, 1988. Amendment filed May 10, 1994; effective July 24, 1994.Authority: T.C.A. §§§ 68-25-105 and 4-5-201 et. seq.