Best Available Retrofit Technology

A Best Available Retrofit Technology or BART review or rule is required under the Regional Haze Rule by sections 169A[1] and 169B[2] of the Clean Air Act with respect to a source such as the Navajo Generating Station[3] which might cause haze in a Federal Class 1 area such as Grand Canyon National Park.[4]

The official name for BART is the Clean Air Visibility Rule (CAVR).[5]

Determining best available retrofit technology

Best available retrofit technology is defined by USC § 7491:

in determining best available retrofit technology the State (or the Administrator in determining emission limitations which reflect such technology) shall take into consideration the costs of compliance, the energy and nonair quality environmental impacts of compliance, any existing pollution control technology in use at the source, the remaining useful life of the source, and the degree of improvement in visibility which may reasonably be anticipated to result from the use of such technology;[1]

A BART rule may take into account the interests of stakeholders associated with the source. In the case of the BART review of the Navajo Generating Station in Page, Arizona near the Grand Canyon after the EPA issued a proposed BART rule[6] it solicited input from stakeholders: the Department of the Interior, the Central Arizona Project, the Navajo Nation, the Gila River Indian Community, the Salt River Project, the Environmental Defense Fund, and Western Resources Advocates who as a technical working group negotiated a "Reasonable Progress Alternative to BART" which was submitted by the Department of the Interior to the EPA on July 26, 2013 for consideration in development of a final rule.[7][8][9]

Notes and references

  1. 1 2 "42 USC § 7491 - Visibility protection for Federal class I areas". US Code. Cornell University Law School. Retrieved July 27, 2013.
  2. ↑ "42 USC § 7492 - Visibility". US Code. Cornell University Law School. Retrieved July 27, 2013.
  3. ↑ "Regional Haze Rule and Best Available Retrofit Technology". navajonationepa.org. Retrieved 2017-07-13.
  4. ↑ "Federal Register 40 CFR Part 51: Regional Haze Regulations and Guidelines for Best Available Retrofit Technology (BART) Determinations" (PDF). United States Environmental Protection Agency. 2005-07-06. Retrieved 2012-07-26.
  5. ↑ "Regulatory Impact Analysis For The Final Clean Air Visibility Rule Or The Guidelines For Best Available Retrofit Technology (BART) Determinations Under The Regional Haze Regulations"
  6. ↑ "Proposed rule". Regulations.gov. February 5, 2013. Retrieved July 27, 2013.
  7. ↑ ICTMN Staff (July 26, 2013). "Coming Clean: Historic Agreement Reached for Navajo Generating Station". Indian Country Today. Retrieved July 27, 2013.
  8. ↑ "Historic Agreement Reached for Navajo Generating Station: Plan Proposes Collaborative Path Forward for Reduced Emissions, Continued Power Generation, and Clean Energy Development" (press release). Department of the Interior. July 26, 2013. Retrieved July 27, 2013.
  9. ↑ "TECHNICAL WORK GROUP AGREEMENT RELATED TO NAVAJO GENERATING STATION (NGS)" (contract). Department of the Interior. July 25, 2013.
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