A regulated air pollutant is one of the following:

1. (1) Nitrogen oxides or any volatile organic compounds;
2. (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. (3) Any pollutant that is addressed by any standard promulgated under § 111 of the Clean Air Act;
4. (4) Any Class I or II substance subject to a standard promulgated under or established by Title VI of the Clean Air Act;

5. (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:

   1. (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
   2. (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. (6) Any of the six greenhouse gases designated by EPA as regulated air pollutants: carbon dioxide, nitrous oxide, methane, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride.

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 37 SDR 182, effective April 20, 2011.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6.