The owner or operator of a BART-eligible source that emits any air pollutant that may reasonably be anticipated to contribute to adverse impact on visibility in any mandatory Class I federal area must submit a BART determination. The BART determination must follow the procedures outlined in 40 C.F.R. Part 51, Subpart Y (July 1, 2024), 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 the technology. The emission limitation must be established, on a case-by-case basis, taking into consideration the technology available, the costs of compliance, the energy and nonair quality environmental impacts of compliance, any pollution control equipment in use or in existence 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 the technology. The BART determination must 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.

Source: 37 SDR 111, effective December 7, 2010; 39 SDR 219, effective June 25, 2013; 42 SDR 52, effective October 13, 2015; 44 SDR 43, effective September 13, 2017 ; 46 SDR 64, effective November 25, 2019; 52 SDR 27, effective September 17, 2025 .

General Authority: SDCL 34A-1-6 .

Law Implemented: SDCL 34A-1- 1 .

Prior versions effective: 2019-11-25, 2017-09-13, 2015-10-13, 2013-06-25.