S.D. Admin. R. 74:36:01:15 - Regulated air pollutant defined

A regulated air pollutant is one of the following:

(1) Nitrogen oxides or any volatile organic compounds;

(2) Nitrogen dioxide, PM10, sulfur dioxide, carbon monoxide, lead, ozone, or any pollutant for which a national ambient air quality standard has been promulgated in the Clean Air Act;

(3) Any pollutant that is addressed by any standard promulgated under § 111 of the Clean Air Act;

(4) Any Class I or II substance subject to a standard promulgated under or established by Title VI of the Clean Air Act;

(5) Any pollutant subject to a standard promulgated under § 112 of the Clean Air Act or other requirements established under §§ 112(g), (j), and (r) of the Clean Air Act, including the following:

(a) Any pollutant subject to a standard promulgated under § 112(j) of the Clean Air Act. If the administrator of the EPA fails to promulgate a standard by the date established in § 112(e) of the Clean Air Act, any pollutant for which a subject source would be major shall be considered to be regulated on that date; and

(b) Any pollutant for which the requirements of § 112(g)(2) of the Clean Air Act have been met, but only for the individual source subject to § 112(g)(2) requirement; or

(6) Any of the six greenhouse gases designated by EPA as regulated air pollutants: carbon dioxide, nitrous oxide, methane, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride.

Notes

S.D. Admin. R. 74:36:01:15

19 SDR 157, effective 4/22/1993; 21 SDR 119, effective 1/5/1995; 37 SDR 182, effective 4/20/2011.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6.