South Dakota Administrative Rules
Title 74 - Department of Environment And Natural Resources
Article 74:36 - Air pollution control program
Chapter 74:36:21 - Regional haze program
Section 74:36:21:05 - BART determination

Universal Citation: SD Admin Rules 74:36:21:05
Current through Register Vol. 50, page 114, March 25, 2024

The owner or operator of a BART-eligible source that emits any air pollutant which may reasonably be anticipated to contribute to adverse impact on visibility in any mandatory Class I federal area shall submit a BART determination. The BART determination shall follow the procedures outlined in 40 C.F.R. § 51, Subpart Y (July 1, 2018) and must be based on an analysis of the best system of continuous emission control technology available and associated emission reductions achievable for each BART-eligible source. In this analysis, the BART determination must take into consideration the technology available, the costs of compliance, the energy and nonair quality environmental impacts of compliance, any pollution control equipment in use at the source, the remaining useful life of the source, and the degree of improvement in visibility that may reasonably be anticipated to result from the use of such technology. The BART determination shall be submitted within nine months after being notified by the department that the existing stationary source is reasonably anticipated to contribute to adverse impact on visibility in any mandatory Class I federal area.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6.

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