Daily Plainsman 

Attention Display Advertising 

P 0 Box 1278 

Huron, SD 57350-1278 

Dear Sir or Madam: 

January 20, 2011 

DEPARTMENT of ENVIRONMENT 

and NATURAL RESOURCES 

PMB2020 

JOE FOSS BUILDING 

523 EAST CAPITOL 

PIERRE, SOUTH DAKOTA 57501-3182 

www.state.sd.us/denr 

Please publish the enclosed Notice in your paper as a display advertisement for one issue 

on the 251

h day of January, 2011. 

South Dakota law requires that this notice be published as a display advertisement. Your 

failure to return your Affidavit of Publication containing the words "display advertisement" with 

your invoice will nullify your claim for publication fees. 

Please submit the Affidavit of Publication and invoice to: 

Department of Environment and Natural Resources 

Division of Environmental Services 

Air Quality Program 

523 E. Capitol, Joe Foss Building 

Pierre, South Dakota 57501 

A new state law (effective July 1, 2009) now requires that our public notices include additional 

language regarding the cost to publish the public notice. The line that must be completed with 

a dollar amount will now appear at the bottom of the public notice. Please indicate the dollar 

amount before publishing in your newspaper. 

If you have any questions, please contact this office at (605) 773-3151. 

Sincerely, 

21t 1t{_C/ m~e jtrl/2; 

Lita L. Magedanz p 

Senior Secretary 

Air Quality Program 

Enclosure 
Magedanz, Lita 

Huron Plainsman-Display (rnewman.plainsman@midconetwork.com) 

Rombough, Kyrik; Regynski, Barb 

Importance: 

~ HURON.DIS.doc 

(34 KB) 

FW: Rule Public Notice 

High 

Dear Sir or Madam: 

Please find the attached cover letter and public notice to be published in 

your paper as a display ad. Please reply to 

receipt to verify that you have received it. 

please call. 

Sincerely, 

~ PublicNotice.doc 

(51 KB) 

this e-mail upon 

If you have any questions, 

Lita L. Magedanz 

~nior Secretary 

~partment of Environment and Natural.Resources 

Division of Environmental Services 

Office of Air Quality Program 

523 East Capitol Avenue, Joe Foss Building 

Pierre, South Dakota 57501 

Phone# (605) 773-3151 

Fax# (605) 773-4068 

E-mail: lita.magedanz@state.sd.us 

1 
Affidavit of Publication 

STATE OF SOUTH DAKOTA} ss 

Collflty of Beadle 

RECEIVED 

MAR 0 8 201f 

AIR QUALITY 

PROGRAM 

I Kim Davis, do solemnly swear that I am the Le~;al Advertisin~; Coordinator of the Huron Plainsman, 

printed and published at Huron, in the state of South Dakota, and that from my own personal knowledge 

and reference to the files of said publication, the display advertisement for: 

SO ENV. & NAT. RES. -was published in the Huron Plainsman in the space of: 2X8-AIRPOLLUTION 

CONTROL PROG. NOT. HEARING insert_on the date(s) as follows: 

.. - . - .... - - - - ... - . - .. - - - - - - - -JAJif. 25TH, 20iJ ...... - - .... - .. - . 

Total Cost $ 165.60 

Subscribed and sworn to before me this 7 t!:Lday of MARCH .. 2011 

Notary Public 

My Commission Expires __ __,lO!.!J8~/2~7'.J./2~0~1!,.~6!.__ ___ _ 

• 
• 

f!JRl~ ~~LE 74:3E» ~ 

AIR ~OllUTION CONT~Ol PROGRAM 

IMOl'll'llCE OF !PUBLIC IH!~ARRtNJG 

TO REVISE RUlES 

~: .... ~-· I I • I I . • I . • . 

Environmental Education and 1 1 _ Pierl!e; 

South Oa~ota. on February 17th, 2011, 1.:oq PM, standard daylighttime, tO consi4er 

I the ·

1

PTOpOSed am9ndments to. article 74:36 by revising 9hiapter 74:36:Q1 ~ pef~j.. tions; 74:36:09 .. Prevention of Significant Deterioration, arid 74:36:20.., ConstrUction Pennits'for New Sources or Modifications. · 

·lhe federal Environmental Protectl9n Agency {EPA) adopte~· ~vis_ions to .its ~reSignlflcant Deterh?ration and Trtle.V air quality permit program~. refer{ed 

Greenhouse Gas Tailoring Bule. The revjsicins establish gi-eenhouSe ga,;~ 

as a rwutated air pollutant and a greenhouse gas air emission threshold forwheJ;l a 

business is required to obtain a Prevention of Significant Deterioration permit as Of 

~.2. 2011 and/or Title V air quality permit as of July 1, 2P11. 'Greenhouse g8fies 

...... .::.i.:.:;.J. Of carbon dioxide~ nitrous oxide; methane, hYdroftuorOdarbons, perfluoro- ::Jm'. 

~-~'"• and sulfur hexafluoride. South Dakota is appealing these revisiQns adopted 

by.tP. and other regulations associated with greenhouse ·gases. , 

~ief:feci of the pfwosed state rules is as follows: Without waiving tM state of 

South 'Dakota's rights to appe'al the various greenhouse gas regulations that have 

beeh~ued by EPA, the proposed state rute:s would adopt EPA's GreenhoUse Ta,i10rin9: Rule. The reason for the proposed state rules is to ensure "that new businesses and existing businesses looking to expand are permitted in an expeditious 

' proposed revisions to 74:36:20 will allow cerfail1 businesSes to_· start con--

before the Construction permit is issued once they have s8tisfied the! proreclulremlenls .. However, the business is not allowed to start operation until 

the• co•nsl:rucrtlon permit is issued. 

interested in presenting data_, opinions, and arguments for or against the 

~~:1~~:' ·:~•:nd~~~~~~•~nts~m~;"Y~ do so by appearing in Person ai the hearing orb/subthe person ~nd address noted as follows: · · 

Kyr\k Rombough, Natural Resources Engineering Director 

South Dakota Department of Environment and Natural Resources 

523 East Gapitol, Joe Foss Building 

Pierre, South Dakota 57501 

Written comments must be received by close of business on February 16, 2011. 

to be considered. After the hearing, the Board of Minerals of Environment will consider all ~ritten and oral comments it .receives on the proposed amendments. The 

of Minerals of Environment may modify or amend a proposed rule at that time 

include or exclude matters tt)at ~re described in this notice. ! • .. 

Notice is further given to individuals with disabilities that this hearing is being held 

in a-physically accessible. place:. Please notify the department at least 48 hours before the.publlc hearing if you have a disability for which special arrangements must 

be made at the hearing. The .telephone number for making ·special arrangemermi is 

(605) 773-3151. . 

CoPies of the propos.ed rules may be obtained without chB.rge by calling Uta 

Magedanz at (605) 773-3151 or from the following website': 

· htJp:/fdenr.sd.gov/des/aq/alrprogr.aspx 

Steven M. Pimer 

Secretary J PLlblisl~ed ··onei!'~1llej'D1a\ .l!(>i>roxirr~abjcos1 of $165. 60. 
Daily Leader 

Attention Display Advertising 

P. 0. Box 348 

Madison, SO 57042-0348 

Dear Sir or Madam: 

January 20, 2011 

DEPARTMENT of ENVIRONMENT 

and NATURAL RESOURCES 

PMB 2020 

JOE FOSS BUILDING 

523 EAST CAPITOL 

PIERRE, SOUTH DAKOTA 57501-3182 

www.state.sd.us/denr 

Please publish the enclosed Notice in your paper as a display advertisement for one issue 

on the 25th day of January, 2011. 

South Dakota law requires that this notice be published as a display advertisement. Your 

failure to return your Affidavit of Publication containing the words "display advertisement" with 

your invoice will nullify your claim for publication fees. 

Please submit the Affidavit of Publication and invoice to: 

Department of Environment and Natural Resources 

Division of Environmental Services 

Air Quality Program 

523 E. Capitol, Joe Foss Building 

Pierre, South Dakota 57501 

A new state law (effective July 1, 2009) now requires that our public notices include additional 

language regarding the cost to publish the public notice. The line that must be completed with 

a dollar amount will now appear at the bottom of the public notice. Please indicate the dollar 

amount before publishing in your newspaper. 

If you have any questions, please contact this office at (605) 773-3151. 

Sincerely, 

Ji)~o( f)1fjef0fy 

Lita L. Magedanz / 

Senior Secretary 

Air Quality Program 

Enclosure 
Magedanz, Lita 

-~ Subject: 

Importance: 

MADISON.DJS.doc 

(34 KB) 

Madison-Display (terra@madisondailyleader.com) 

Rombough, Kyrik; Regynski, Barb 

FW: Rule Public Notice 

High 

Dear Sir or Madam: 

Please find the attached cover letter and public notice to be published in 

~ PublicNotice.doc 

(51 KB) 

your paper as a display ad. Please reply to this e-mail upon 

receipt to verify that you have received it. If you have any questions, 

please call. 

Sincerely, 

'

·ta L. Magedanz 

nior Secretary 

epartment of Environment and Natural Resources 

Division of Environmental Services 

Office of Air Quality Program 

523 East Capitol Avenue, Joe Foss Building 

Pierre, South Dakota 57501 

Phone# (605) 773-3151 

Fax# (605) 773-4068 

E-mail: lita.magedanz@state.sd.us 

1 
r ' 

AFFIDAVIT OF PUBLICATION 

AFFIDAVIT OF PUBLICATION 

STATE OF SOUTH DAKOTA } 

} ss. 

County of Lake } 

....................... ISa.E~.~ .. ~!!'.i.t.~ ...................... of the City of Madison, County of Lake, 

State of South Dakota, being first duly sworn on oath, deposes and says: 

Tbe Madison Daily Leader is a daily legal newspaper of general circulation, 

printed and published in the City of Madison, in said County of Lake, by Hunter 

Publishing, Inc., Jon M. Hunter, publisher, and has been such legal newspaper 

during the times hereinafter mentioned; that the said Madison Daily Leader has 

been in existence as such legal newspaper for more than one year prior to the 

publication of the notice hereunto attached, and has during all of said time had, and 

how has, more than 200 bona fide subscribers; that the undersigned, the affiant, 

is the .................. ~.~~!.~!.~!Y. .................. of the said newspaper, in charge of the advertising department thereof and has personal knowledge of all the facts stated in this 

affidavit and the advertisement headed 

............... P.~.P..~.~~~.~~ .. 9.~.~.~.~!:.?.~~.~.~~.~~~ .. ~.~~~.~.~! .. ~.~.~.?..~!:9.~.~ ............... . 

............. .'?.!~.P..~~.Y. .. ~.~Y.~~!.~~!!l.~.~!: .. ~!!. .. ~?.!!.~~!?.~ ... ~?.~~E?.! .. ~!.?.~!.~~ ............. . Mrinted copy of which hereunto attached, was printed and published in the said 

W'ewspaper for ............. .QD.~ .............. successive weeks, once each week and on the 

same day of the week, on the following dates, to-wit: 

On ......... .I!-!.f?.!i.Q.':lY. .......... , the .... ?.?.lb ..... day of ............ ~.?:'.Q.':!?:'.rY. .•......... , 20 ...... .!..1... .... ; 

On ...................................... , the .................. day of ........................................ , 20 .................. ; 

On ...................................... , the .................. day of ........................................ , 20 .................. ; 

On ...................................... , the .................. day of ........................................ , 20 .................. ; 

On ...................................... , the .................. day of ........................................ ,20 .................. ; 

On ...................................... , the .................. day of ........................................ , 20 .................. ; 

On ...................................... , the .................. day of ........................................ , 20 .................. ; 

On ...................................... , the .................. day of ........................................ , 20 .................. ; 

That $ ......... ..1.1?.:1?.9 ........... being the full amount of the fees for publication of the 

attached notice inures solely for the benefit of the publisher of the said newspaper; 

that no arrangement or understanding for a division thereof has been made with 

===~:J22_k"''::=': Subscribed and sworn to before me this .......... ?..?.~~·········· day of e 'o':l//:l:lo'J':I:IJ':PIIII'II'F.'II'I"J'II'•+· .. ··~·~~.~.~.~ ..................................... 20 ....... ~ .. ~ ...... . 

~~~~~~~~~~~l .... s.& ... h .. ~ .... . +~:; )C:,O::/i:/ly; nrr: .. :v: F)J'Jit+ Notary Publicl Lake County, South Dakota 

Madison Daily Leader 1M 

Publication Fees ----$ ........................ . 

Notary Fees------$ ........................ . 

Total $ ........................ . 

Received Payment, 
',. ,., .• ' '].··.·· . ' ; .. ' ' 

. I . . . 

, r· NOTICEOFPUBLICHEARING · . . . ···.· ,;, l;·' ,;Bpa~ of Mi),e~s of E~vi~lllllent ,,,Ym hold a p~blic hearlng iii the ~tthew Erivil-onnierital Educatio~ mjd . W.Center,523 East Cal>iiol Avenue, Pierre; SquthDakota;on February 17th; 2()11, 1:00 PM1 central standardithn~, 

i . . ~p,sider the propose,d amendments. to arti~le 74:36.by.·revising chapter 74.:36:01-.' De'liniti. pns., 74:36:09 ~Pre. ve;mlln 

' · ofl>igl\ificant Deterioration, and 74:36:20'- ConstrUction Permits .for New Sources or Modific!ations. . . : · ... 

.. • •··. ' .. ~. >~deral EnV!. ·ronm.ental Protection Agency (EPA).· adopted.···.·· revisio. ns.to its Prevention oi'S. ~. ·ncan. t D .. · eteri~. ~.·o~ .!~··.· · itje V air qualicy permit progranui refe!Te\1 to as the Greenhouse Gas Tailoring.Rule, Tlie revisionse . 

:1· . . . . ouse gages as a regulated air pollutant .and. a'greenhouse gas air .emission threshold for when a businllSS is 

•• , ui~ to obtain a Prevention of Signi(icalit Deterioration ri!>':"ll~ as ofJanuai-): 2, 2011 liridl?r Title V air <Jt!Ol)cy 

- -~~. It a. s. of J.uly 1, 201~. Greenhou ..se·gases consist of cai'bon dm.x '.de, mtrous o. xlde, m·eth·· .. ane,.-byditdluorocarbo,lll!, 

; .'P!lffluorocarbons, and sulfur hexafluoride. South Dakota is appealing these. revisions adopted by EPA and other ! ~lations associate<t with ·greenhouse gases. · , · , . - · . · ·· · . : · 1 

;-; ,_j,. G . - . ' , •. , • . " 

.·• ~·. 'l effect of the proposed state rules is as follows: Without wai\lingthe State of South Dakota's rights to appeal thl>v81'-.. 

. '.'·igs greelih.· ouse ga. s regulations that have been-issued.byEPA; thepro·po·. sed st;lte. rule .. s,would .. adopt EPA:.'s Greenl;I.O OIUse 

•' · loring Rule. :The reason for the proposed state rides is to ensure that new businesses and existing businlisses 

looking to eXpand are permitted in an expeditious manner. · · · .. · .. ~ ,' 

· ·:~lie prop,o;,ed revisions to 74:36:20 will allow certain b~sinesses to start coristruc,tion before the eonstruction~it is .. 

, . :i~ed opce tl)ey have ~atis~edthe proposed requirements. .However, the b)l.siness is notallowed.tostart operation'uilti! 

'_r.:~~ con~tructio'l permit IS ISSue~. · · . · .·. · . . · · . . .·· .• . .. · · • . . · 

' ' ~on~ interested in presenting data, opinions, and ;n-gumentsfor or agailll!t'the proposed amendments ll)ily do il<)·by , 

. apll"'l"infl in person at the hearing or by submitting written comments to .the person and a(!dress noted as follow5: ·.·' 1, ' ' • _, ' ' ' ' '--, 

' ·.i • / E.Yrik Rombough, Natura!'Resources Engine~ ring Director · · . · . 

. ,' i South Dakota Deparbnent of Environment and Natural Resources 

, ,:,; 523 East Capitol, Joe Foss Building 

Pierre, South Dakota 57501 !; ,/ •· • . ' ' . 

</~:jtten comments inlll!t be received by.close of business on February 16, 2011, to he conside~ .. iAI'ter the heari~.~., · ' Boaro of Minerals of· Environment will consider· all written and oral. comments.it' receives , on .the proj)OSE!d 1 

', illri~ndmen·l:.s· The ~~ .. oard of.Minerals. ofE: nvironm .. en.t lllay.modifY or am.· end a propoBejl. I1Ile. a.t th. at time to.· include. or!, eX:cludemattei:Sthataredescribedinthisnotice. ,'. • • , , I .I' ,• , ·, • ... ·- ·, :Jo'i ,'. , 

Notice i~ further givim to individuals with disabilities that fhis hearing is being held in a p~icillly acce!lSible place. ; 

Please notifY the dei>ar!ment at least 48 hours hefore,th(i1public hearing if you ltave a disabilicy for which speciill 

arrangements must be made at the hearing.. The telephQne number for making special arrangements is (605) 77:h'l151. ' - ' '.' ' ' J ' • ' • ' '- - : • ' '- ' 

Copies of the proposed rules may be. obtained, without charge by calling Lita Magedanz at (605) 77:h'l151 or from the 

follO\fing website: . . · . · · · · . ' ·· · ( ; . '\ 

http1/deru:Sd~ov/des/aqlairprogr.aspx 

Steven M. Pimer 

secretary 

. ,._ .... _~-· .: .:. ' 

..• / .... · 1, ?blis~edonc~af~~~eu,· •. ··~~~;~P~.:~~~t: .. ,.,. .. 

I"'·' ·~·· 

.. i\ ':· 

I. 
The Daily Republic 

Attention Display Advertising 

P. 0. Box 1288 

Mitchell, SD 57301-1288 

Dear Sir or Madam: 

January 20, 2011 

DEPARTMENT of ENVIRONMENT 

and NATURAL RESOURCES 

PMB 2020 

JOE FOSS BUILDING 

523 EAST CAPITOl 

PIERRE, SOUTH DAKOTA 57501-3182 

www.state.sd.us/denr 

Please publish the enclosed Notice in your paper as a display advertisement for one issue 

on the 251

h day of January, 2011. 

South Dakota law requires that this notice be published as a display advertisement. Your 

failure to return your Affidavit of Publication containing the words "display advertisement" with 

your invoice will nullify your claim for publication fees. 

Please submit the Affidavit of Publication and invoice to: 

Department of Environment and Natural Resources 

Division of Environmental Services 

Air Quality Program 

523 E. Capitol, Joe Foss Building 

Pierre, South Dakota 57501 

A new state law (effective July 1, 2009) now requires that our public notices include additional 

language regarding the cost to publish the public notice. The line that must be completed with 

a dollar amount will now appear at the bottom of the public notice. Please indicate the dollar 

amount before publishing in your newspaper. 

If you have any questions, please contact this office at (605) 773-3151. 

Sincerely, 

If)~ Jt 171 fjed?M~ Lita L. Magedanz ! 

Senior Secretary 

Air Quality Program 

Enclosure 
Magedanz, Lita 

Importance: 

~itcheii.DIS.doc (34 

KB) 

khenglefelt@mitchelllrepublic.com 

Rombough, Kyrik; Regynski, Barb 

FW: Rule Public Notice 

High 

Dear Sir or Madam: 

Please find the attached cover letter and public notice to be published in 

~ Pub/icNotice.doc 

(51 KB) 

your paper as a display ad. Please reply to this e-mail upon 

receipt to verify that you have received it. If you have any questions, 

please call. 

Sincerely, 

Lita L. Magedanz 

~nior Secretary 

~partment of Environment and Natural Resources 

Division of Environmental Services 

Office of Air Quality Program 

523 East Capitol Avenue, Joe Foss Building 

Pierre, South Dakota 57501 

Phone# (605) 773-3151 

Fax# (605) 773-4068 

E-mail: lita.magedanz@state.sd.us 

1 
AFFIDAVIT OF PUBLICATION 

STATE OF SOUTH DAKOTA ) 

) ss 

COUNTY OF DAVISON ) 

RECEIVED 

MAR 0 7 2011 

AIR QUALITY 

PROGRAM 

Allllette Kroger, of said county, being, first duly sworn, on oath, says; that she is 

the Business Manager of The Daily Republic, a daily newspaper, published in 

the City of Mitchell, in said County of Davison, and State of South Dakota; that 

she has full and personal knowledge of the facts herein stated; that said 

newspaper is a legal newspaper as defmed in SDCL 17-2-2.1 through 17-2-2.4 

inclusive; that said newspaper has been published within the said County of 

Davison and State of South Dakota, for at least one year next prior to the first 

publication of the attached public notice, and that the notice, order or 

advertisement, a printed copy of which, taken from the paper in which the same 

was published, and which is hereto attached and made a part of this affidavit, 

was published in said newspaper for _1_ issues(s), to wit: 

1-25-11, 2x8.50 DISPLAY ADVERTISEMENT-SD Dept of Environment Air 

Pollution 

That the full amount of the fee charged for the publication of the attached public 

notice insures to the sole benefit of the publisher or publishers; that no 

agreement or understanding for the division thereof has been made with any 

other person, and that no part thereof has been agreed to be paid to any person 

whomsoever, that the fees charged for the publication thereof are $296.65 

Signed: ~dfg .~ QA__) 

a 

Subscribed and sworn to before me this Jlth day of JYldrdJ 'tJ(J// 

Notary Public '1\A , 

County of l.!JLllJI GL\f) 

My Commission Expires: q -15-atJ/~ Prepared by: The Daily Republic, P.O. Box 1288, Mitchell S.D. 57301 605-996-5515 
•· ARTICLE 74i36- AIR POLI:.UfiON . ' CONTROL PROGRAM·. 

NOTICE OF PUBLIC HEARING 

TO REVISE RULES ' 

The'.Board of Miner3.ts of Envirorunerit·wm·'hOld :a public hearing' in 

the Matthew En:vironinental EdUcation and Trainiilg Center. 523 East 

Capitol Avenue, Pierre, ~outh Dakota, oli February 17th, 20 II, I :00 

PM, ·central standatd time, to consider the proposed C;UDendments tcr 

article 74:36 by revising chapter 74:36:01- Definitions, 74:36:09-

Preyention of Significant Deterioration, and 74:36:20- Constn)ction 

Pennits for New Sources or MOdifications. · · 

The federal Enviro0ment;u Protectio~·Ahncy (EPA) adopted revj- s~ons tc;> .its· Prevention of Significant DeteriOration and Title V ·arr 

qUality·peimitprogmrns ·referred to as the GreenhoUse GaS TailoriD:g 

Rule. The revisions establish gieenhouse gases as a· regulated air pot.:. 

ltitat.It,and a greenhouse gas air emission threshold for 'when·a b.nsi- ness is required to obtain a Prevention of Significant Deterioration 

perutit .s· of January 2, 2011 and/or Title V air quality perutit aS .of 

July 1, 2011. Greenhouse gases consist ofcarboii dioxide~.nitrous 

oXide, methane, · hydrofluOrocarbons, perfluorocarbons~. ·and. sulfur 

hexafluoride. South Dakota. is appealing these revisions adopted by 

EPA and othe~ regulations associated with greenhouse gases. 

The effect of the proposed state fllles is as follows: Without waiving: 

the: State of South Dakota's rights to appeal the various greenhouse 

gil& regulations that have been issued. by EPA, the proposed State. · rul~s would adopt EPA's Gr:eenhouse Tailoring Rule. 'fl.:te.reason-for 

the proposed state mles is to ensure that new businesses and existing 

buSbJ.e)sseS looking to exp~d are permitted in an expeditious mailp,er. 

Th'e v*OPosed revisions to 74:36:20. will allow certain businesses to' 

start cOnstruction before the construction pennit is issued. on~ they 

have satisfied .the proposed reqtiirements. However, the bus~ss i.s 

not.allowed t? start operation until the construction permit is.i~ed~ 

Persons interested in presenting dat~ opinions, and arguments for or against the proposed amendments may do so by appearing in: ~,a 

at the hearing or by submitting written comme11;~ to the person. and 

address noted as fQllows: 

Kyiik Rombough, Natural Resources Engineering Director 

. South Dakota Deparlinent of Environmen( and Natural Resources 

';23 EaSt Capitol; Joe Foss Building ' ' . · 

Pierre, South Dakota 5750 I ' 

Wri~nl.~omments inust be received by close of business on· February 

16, 20Il, to be considered .. After the hearing, the Board of MiDerals 

of Environment ·will consider all written and oral commentS it 

receives· on the proposed, ~endments. The BOard of Miner;a.is of 

Environment may modify· or amend a propose<J. rule_ at. that tinle to· 

·include or exclude ·matters that are described in this notice. · . . . Notice is further given to individual_s with disabilitieis that thi~ 'bear-_ 

ing is being held in a physically accessible place. Please notify .. _the 

'department at least48 hours before the public hearing if you have a disability for which special arrangements mu·st be made at the heat-' 

·ing. The telephone.number for making special arrangements is (605) 

773-3151. 

Copies of tl)e proposed niles may be obtained without charge by call-· 

ing Lito Magedanz at (605) 773-3151 or from the following weilsite: 

http:Hdenrsd.gov/des/aqlairnrogr.aspx 

sfeven 

2~ M. Pinter 

Secretary 

Pub~edonce at the t(_)tal -~ppr~xi.J,ria~- ~-~st ~?f 

RECE!\/ED 

MAR 0 7 2011 

AIR QUALITY 

PROGRAM 
Daily Capital Journal 

Attention Display Advertising 

P 0 Box 878 

Pierre, SD 57501-0878 

Dear Sir or Madam: 

January 20, 2011 

DEPARTMENT of ENVIRONMENT 

and NATURAL RESOURCES 

PMB 2020 

JOE FOSS BUILDING 

523 EAST CAPITOL 

PIERRE, SOUTH DAKOTA 57501-3182 

www.state.sd.us/denr 

Please publish the enclosed Notice in your paper as a display advertisement for one 

issue on the 251

h day of January, 2011. 

South Dakota law requires that this notice be published as a display advertisement. 

Your failure to return your Affidavit of Publication containing the words "display 

advertisement" with your invoice will nullify your claim for publication fees. 

Please submit the Affidavit of Publication and invoice to: 

Department of Environment and Natural Resources 

Division of Environmental Services 

Air Quality Program 

523 E. Capitol, Joe Foss Building 

Pierre, South Dakota 57501 

A new state law (effective July 1, 2009) now requires that our public notices include 

additional language regarding the cost to publish the public notice. The line that must 

be completed with a dollar amount will now appear at the bottom of the public notice. 

Please indicate the dollar amount before publishing in your newspaper. 

If you have any questions, please contact this office at (605) 773-3151. 

Sincerely, 

~}a_;( /l!a4e/~ Lita L. Magedan'z' U 

Senior Secretary 

Air Quality Program 

Enclosure 
Magedanz, Lita 

Importance: 

CapitoiJournai-Display (legals@capjournal.com) 

Rombough, Kyrik; Regynski, Barb 

FW: Rule Public Notice 

High 

PlERRE.DIS.doc 

(34 KB) 

Dear Sir or Madam: 

Please find the attached cover letter and public notice to be published in 

~ PublicNotlce.doc 

(51 KB) 

your paper as a display ad. Please reply to this e-mail upon 

receipt to verify that you have received it. If you have any questions, 

please call. 

Sincerely, 

Lita L. Magedanz 

~ior Secretary 

~partment of Environment and Natural Resources 

Division of Environmental Services 

Office of Air Quality Program 

523 East Capitol Avenue, Joe Foss Building 

Pierre, South Dakota 57501 

Phone# (605) 773-3151 

Fax# (605) 773-4068 

E-mail: lita.magedanz@state.sd.us 

1 
.. RECEIVED 

FEB 0 3 20\1 

AIR QUALITY 

PROGRAM 

pitnl Jjnurnnl 

AFFIDAVIT OF PUBLICATION 

State of South Dakota, County of Hughes 

Q \,!\_ C\.. 'fJ f' V\ {) \ R of said county, being, first duly sworn, on 

oath, says: That h~ the publisher or an employee of the publisher of the Capital Journal, a 

daily newspaper publlih'ed in the City of Pierre in said County of Hughes and State of South 

Dakota; that h~as full and personal knowledge of the facts herein stated, that said newspaper 

is a legal newspaper as defined in SDCL 17-2-2.1 through 17-2-2.4 inclusive, that said newspaper 

has been published within the said County of Hughes and State of South Dakota for at least one 

year next prior to the first publication of the attached public notice, and that the I alldisp dvertisementheaded ·,c__\~/ '. - ' ·. \v-..+· • ro 

\' o+"~ '\' X l v ("' 

a prime copy of which, taken from the paper in which the same was published, and which is hereto attached and made a part of this affidavit, was published in said newspaper for 0 Y\e 

successive wcck(s) to wit: 

0c(N-AQ, { \.:\ 2S 20 \ I 20 

I 20 20 

20 20 

20 20 

20 20 

That the full amount of the fee charged for the publication of the attached public notice inures to 

the sole benefit of the publisher or publishers; that no agreement or understanding for the division 

thereof has been made with any other person, and that no part thereof has heen agreed to )?e paid 

to any pe on omsoeve , hat the fees charged for the publication thereof are: $2 "6 ~ '-, C5 . 

Signed: __,_.,.l..,of'>J...C.-"::~'="'='""""'-'-'~.A.~---

subscribed and sworn to before me this _ _,_1 __ _ 
, WWW.CAPJOURNAL.COM AREA/STATE l\JESDAY, JANAURY 25,2011 • A3 

DAHCINII WITH THE STARS 1110!1 

KIIYII Pocllop &ChaMs Gage_b)' 

Ages:J.7,U 

While PoohOp and Gageby enJ"'i !tinging out wtlll 

their Men$. aanclng Is sometf!lng they IKittl ell]oy 

doing. Pocllop works In 1be :summer at Klein's Oftlee 

Plus and Gagety work$ at Pier 347. 

Pochop Sllld she dedded m partlcip$e In dJnclng 

wll:ll th:e su.rs lact~usuhe knew If was going It> a good oeuoe •. Gllgeby, too, thought It would be a tun experience. 

"My portner_ls awesome and we are elll'lted to raise 

money tara good C811Se."-Gageby said. 

Both Pochop.and-Gage~-h~~Ye-~ -lli!nGe-b!lcllgroPnil Po<:lwp has boon danotng IInce che WliS 4 and Gageby 

has been 1~\'ed !n. da~~ee tor more than :10 yea_rs 1lt 

Sllrah's Dan"" _Studio. Gagel>)' ,..ld he 111cently'jollied 

P~J'U DattCI! A¢ademy and the new Elite danee team.-

"Oandng i&n't.soml!tlllng now to rna,~ Pochop said. 

'Howower, the- dance that Clla11es anG I 1111 dol~g IS 

muell <:lnTerent llllm :any prevlour. dance 1'\1<1 dotlo. • 

P«hop· and Gageby pre<:tlco It the Am tlnlte4 

Metllodlst Cllulllh.' .They deohled to pnu:tlce them 

beca"" ol' the old wood floOfS. Tills I$ tile first time P<>cMp has mada up 11 <lance. 

'Our practices u.ke awhile beoauu we listen to 

the m~ an~ then t1y to come up with J.deas lor 

the next $tap ar>d then try It with the musk and then 

Change &emethlng, It's a ~tlficu~ process, • Poohop said: 

·~~K Is denntte!Y the more ~reattte, edgy of the two 

of us and I em more technique o~ente<l. 

Leslie lsburg 4c Melt Brakke 

Ages:37,32 

tsburg loYUfl)da_noe, read and go lora run on a nice 

day, boetlll(andthe bet~ch lnthuumm&r time. Slit 1s a 

presChool aide atSs. Petar and Peul P"'sChooL 

Brekl<e elljCI'jS gotlln& V<>lleybal~ htlnllnt and :apendfng time With hiS Wile and daughters., lie IS e I'IMnclel 

advls.orat Brekke Flnaril!ll Servtees. • 

l$llu,g Cl~ded to dan(:jl agatn tills. year bec!IIISe She 

had so muCh lun .dancing last year,"" sh& agaln ""ld 

yes. Brakke $Sid )le deolcled 10 getlrwolved beoawe tie 

has all\ll(l$ adml"'d the work 01 United Way. 

'.1 am all\ll(l$·game·lw a mtla blt-01 publ~·homlll~ 

tlon,' Brakkeuld 'Actually, I" have always admired the 

greatwo!kthMthe United Way has <lone lor our <»mrri<t nrty and I Wllntad tosupporttll<!lr fUndralslng efforts. • 

lslarrg"s dllnee hlstoiY Is a little more extensive than 

Brakke, as &he otarted dancing when she wt~s 6, bill II 

didn't b&come her passton urrt!l she .wu older. 

lsburg &rudle<l dnce at the Judy Ray School of Danee 

In No<th DakOta. She"""" on the da~ team In hlgll 

&ehoollii!CI11t University ol South Dak<ltaln Vamillllon. 

She started doing dloreogrllplly 81 USD and C<>ntlnued 

doing Chorecgrllphy after collage t<lf toe~~rpagealltll and 

swing cllolla Slit Is. eul"!"elltly 11m a Choreographer t<lf 

the MISS SOUth Oal<olts Pl!gnnt. 

"J lienee almost dally wlth_my <laugtrto,., who have 

Dance 

From Pag~Al 

2010-11 Campaign ehairm~n also will he honored. 

The annual awards to 

be presented include; 

Supporter of !he Year to St. 

Mary's Healthcare Center; 

Spirit of United Way 

(Busine") to BonkWest: 

much beltflrrttylhm tllan me, • Brakke $!lid, 

EmllyZareck)' & Zilch Cieri< 

Age: 24,31 

Zereck)' llkas to spend her tree time hanging out 

with friends and family 1111d spending time 1rave11ng at 

the beaCh. Slle lliOI'ed bock to Plellll _about a year ago 

be011use she lal- this was wh<lre &he wt~nt&!l to live 

permanomly. S~e woOls lit Pub 34. 

Cla!IC said ho enjoys SJIIIndlngtlme, like many Pierre 

residents, on the rlver"du~ng tlte $Ummer ud nuntlng 

du~ng the .tall and wlllter. He currently works with his 

dad at_ Bob Clalk Insurance where theyseU heollh l>e~>-

8"111$to busintsSeS end lndlvl!lua!&. 

ZlreciiY se1t1 :lhe Wa!;. Involved In la!ll yell!'$ dancing with the mrs and wllen asked to be lrwotve11llgt~ln Hid 

she was happy to. 

"The United Way lall wonderfUl organiZIItlon and1h_b 

Is a blgftmdltiS&rforthem," Clark Sllld "Sol am happy 

1l:>do_mypa11.' 

Zllreckydaneed fDrSanth'llOanceSWdio.loralxlut12 

years end WllS on 'the Plerrotte'll donn tellm tor three 

years In high sChool While Clltrk doesn't hliVI! any dono 

InS beekgr<>~~nd. 

"fm gomg to try and push Zaeh out ol his comlorl 

zona and find ~Is Inner moves." Za~ky sa111. 'Tile goa~ 

ol ""urse, IS to raise money for United WlfiY. Hawever, 

Winning woo 'I hurt either. • 

tllna Peaae & Matt Demafi!Y: 

Age:45, 29 

For :run, Pease en)Ws ereatlng new donee teChniques 

In AameiiQO and hopes to worl< as a dance tnstruetor. 

Demaray, o~glnallylrom Salem; has been working the 

past lew years at PerTOrmton(:jl Dllta center, LLCu tile 

assiStlnllnformatlon systems manager. 

Pe- sal.d she agreed to <lance with the stars be011use he ·enjoys denclngandDerrrareywante<lto help 

oUI United Way on~ do something be 11onnally lo'«<Uidn~ 

hiMI done. 

Pe- was a <18nee Instructor In Russia where sloe tauglttFlomeneo d~~nclngf<>rtllree yellrswhlle Demaiay 

doesn't hsva a <lanelng backgl1tllnd. 

Dem~~ray Sllld :he Is nelted to t1y proluslonol ~ 

donee. 

•1 haw nevet de need or PartO:Ipeted ln a benent like 

this before and wlll.l>e eu:ltad to lind out haw un..,ord~ 

nated I nany am.· Demaray said 

lltfeJIYSIO<Iser&NO:kFO$rliiSS 

Age: 29, 32 

For tun, Stoeseren)CI'JSspendlng time with herlamlly, 

She worlls for tile Division ol C~minal Investigation In 

the Forensic Lab. 

Fosness en}o)$1la!llng, hunting lind chasing his tour 

ehUd"'n arntmd the state for sports. He wolks at Sl 

Me!Y'sesthe lont-«~rm caN admln~r. 

stoeser said she Is dlnelng because It Is fore good 

=-· 'My d11)'5 ol dancing on stage should be long gone; 

Stoesernkl: 

FO$rless sald 1>o agreed to donee because ~Is a_ great 

Wily' toM lnvoll'ei:lln raising fUnds lor UnltadWoy. 

"I kissed ll pl£forthe Amtlican can.:erSoeletY a lew 

years ego, • Fosne:ss said "So l'm·dn, and denclngwlth 

lltfeny Is much· more elegem; Ulan the plg ~e~enee.• 

Stoeser was Involved In dance growing up en<! oonll~>­

ue<llhrnugltollt cOllege by dartclngon her collage dance 

teem, bUI FOSiless hes •zero. unless you Include 'Wtton 

aye J~·. the lawnmower. chalnsaw end 1tle sp~nk!er.• 

Stoeser end Fosness usually k&ep their p-to aboUI an hour atSareh'& Dar>ee Sttldlo. 

'Its """'"""'rd dancing In the same stlldio where my 

deugtrtors dance,· Fosness said "I normallyslmplyplok 

them up; and nowl'm leainlngsteps.' 

EU:abeth Zanln &Jasper DesLauriers 

~.goo 38, 24 

Zanln e'l)Oii; spending time with n·er "l>eaulllul" 1amlly. Slle Is a nmessln!llruc:toiatllifYMCA.end sht also owns hor _,dance studio, Pl&rre Dancoklld•my. 

Oestau~ets enjoys traYellng, tam!IY; trltncl!l and her 

do& fl'. She Is the execlltlve <llreotor of Youth BuslntSil 

Aavenwre tor the Solltlt Dllkota Chamber of Commell>'t 

and lndustl) as wen as teaching dance 111 Pierre Dance 

Academy. 

This JsZanln'llloulth year dologt"IWI"S. 

"It IS a vel)' nlee o~perlence end the most lmj>Oitant 

thlnglsto help people," Zanln said Deslaurle:s said She 

dack!ed to do DWTS beoause Z.nln's orlglnal partner 

::'s!'."a.bfe to and elte wt~S hap~ to help 0111 for tile 

"Elizabeth Is a sreat lrlend and 1 love spending time 

with her. I ~lso Jove to Jl(lrtorm end I bellete In £1vlng 

back to (:llU5e$ that I tael ara Important,~ ~UI\eJS 

Sllld "MyJIIre'nlslnstllledtltebelleftlult~ lsvlltlito give 

back to your community. I 11Yto do this In liS many WlfiYB 

81 possible: 

slrab Softi>OIISCheln & PlltDurkln 

At,e:34,(neeoret) 

SonnensChein ~as been teaehlog dance lor U :rears: 

and lias danced she was 3. Sh~ enjoys 'Joelplng" on the 

raneb and hanging out with her OhiJdren. SonnensChein 

Is the other ancf dance leaCher 81Serah"s Dan<>l! studio. 

Durldn elljoys plll)llng golf When weathar permits and 

hanging with his family. He has worked at Ptoi~e Tra_dera 

for 3D years 

Oanelngls a "part ofSom>enseheln'severyday IHe. She 

alsOwt~nted to help 1111H money for Unllad Way. Durkin 

admits the only dancing he does !sat tho HopS<:e>lch. He 

wt~nted to help United W1f1Yand have $1lme futl. 

Evt>n though Durkin doesn't hiM> a danCing bockground Sonnenschein speak& highly of him. 

"My partner hn some rttylhm and ..., are having 

tun w111t 'the dance. We have been prac:tlt:lng at my 

danco studiO, whlcoh helpS with mirrors,· SonnensChein 

said. "HOjalully we remember our step$ Wllho~~t the 

mirrors.• 

ARTICLE 74:36- AlR POUUTION CONTROL PROGRAM 

NOTICE OF PUBUC HEARING TO REVISE RULES 

The Board of Minerals of Environment will hold a public hearing lnthe Matthew 

Environmental Education and Training Center, 523 East Capitol Avenue, 

Pierre, So<llh Dakota. on February 17~. 2011, 1;00 PM. central standard time, 

to consider the proposed amendments to article 74:36 by revising chapter 

74:36:01- Definitions. 74:36:09 - Prevention of Significant ~terioration, and 

74:36:20 -Construction Permits for New Sources or ModifiCations. 

Spirit of United Way 

(Individual) to Mayor 

Laurie Gill; Appreciation 

Award to Tirn Reilly 

and Midcontinent 

Communications; Unsung 

Hero Award to Mary 

Gatos; United Way Partner 

Agency of the Year to 

Capital Area CounS<ling 

Scrvkes and the Peter 

deHueek Charitable 

Hour a :\1onth Progr;un 

(CHAMP) Award to the 

Boanl v[ Regeuts. 

LISA JOitANSEN I CAPITAL JOURNAL 

Pat Durkin {left) and Sarah Sonnenschein praolice their 

routine at Sarih"a Dane& Studio. Dancing with tho Sta .. 

will debut. at 7 p.m. on Thu!'1day it the Community and 

Yculh ln>"Oived Center in Fo<t Pierre. 

The federal Environmenlal Protection Agency (EPA) adopted revisions to its 

Prevention of Signilicen! Deterioration and Title V air quality permit programs 

referred to as the Greenhouse Gas Tailoring Rule. The revisions establish 

greenhouse gases as a regulated air pollutant and a greenhouse gas air emission 

threshold for when a business is required to obtain a Prevention of Significant 

Deterioration permit as ol Janual)' 2, 2011 and/or Title V air quality perm~ as of 

July 1, 2011. Greenhouse gases consist of carbon dioxide, nitrous oxide, methane, 

hydrofluorocarbons. perlluoroc.arbons, and sulfur hexafluoride. South Dakota is 

appealing these revisions ado pled by EPA and other regulations associated with 

greenhouse gases. 

The effect of the proposed state rules is as follows: Without waiving the Stale of 

South Dakota's rights to appeal the various groonhouse gas regulations that have 

been Issued by EPA. the proposed stale rules would adopl EPA"s Greenhouse 

Tailoring Rule. The reason lor the proposed state rules Is to ensure that new 

businesses and e~isting businesses looking to e~pand are pennltted in an 

e>!>"rlitious manner. 

Seven tean" of dancing 

partners will hit the floor 

ltarting at 7 p.m. Each 

will perform one danco 

and the audienoo can"'" 

for their favorite team by 

cash or check. 

Dancers will be judged 

by Ekon Bkm.t<~<:~; Bob 

Jeffries and Kirsten Jasper. 

Brad Curtis will tntCM 

the ev<nt. 

While judges are counting cash to d<rennine the 

winner and award tfophies. special entort:Unmcnt will be provided. 

"When wt lint up tl~e 

dan<ers." Hanson said. 

"Tite women art generaily 

dance instructors and the 

men that we rcoruit are 

not nece•sarily ucruited 

for their dancing abilities, 

but tlteir ability to raise 

money. I don~ want people 

to be intimidated by the 

event because they aren't 

good dance,.. It is ju•t 

for fun and to help raise 

money for a good cause." 

Lost year, "Dancingwi!h 

the Sws" raised 17.500. 

'"The way that happens 

is bj• pe~ple voting for 

tltoir bvorlte dance team• 

with their ca<h." Hanson 

said. 

"Bm, the judges can be 

bribed." 

The proposed revisions to 74:36;20 will allow certain businesses to start 

construction before the eortslruction permit is issued once they have sati!:lied the 

proposed requirements. However, the business Is not allowed to start operation 

until the construction permit is issued. 

Persons interested in presenting data, opinions, and arguments lor or against 

the proposed amendments may do so by appearing In person at the hearing or 

by submittingwriltert comments to the person and address noted as follows: 

Kyrlk Rombcugh. Natura! Resources Engineering Director 

SoUih Dakota Deparlmelll of Environment and Natural Resources 

523 East Capitol, Joe Foss llullding 

Pierre, South Dakota 57501 

Written comments must be received by dose ol business on February 16, 2D11. 

to be considered. After the hearing, the !Icard of Minerals of Environment 

will consider all written and oral comments it receives on the proposed 

amendments. The !Icard of Minerals of Environment may modify or amend a 

proposed rule altha! time to include or exclude matters that are described in 

this notice. 

Notice is furlher given tc ir>dividuals w~h disabilities that this hearing is being 

held ln a physically accessible place. Please notify the deparlment at least 

48 hours before the public hearing if you have a disability lor which special 

arrangements must l>e made at the hearing. The telephone number lor making 

special arrangements is (605) 773·3151. 

Copies of the proposed rules may be obtained without charge by calling Lila 

Magedanz at (6DS) 773·3151 or from the following webs~e; 

httpV/denr.sd.gov/des/aq/alrprogr.aspx 

Published once at the Ictal approximate cost ol $288.90. 

The compelling facts underscore the stmJgth of newspapers: 

69% of adults read a daily newspaper in the past 5 days. 

~~~=:.:::.....-=:: 605.224.7301 
Rapid City Journal 

Attention Display Advertising 

P 0 Box450 

Rapid City, SO 57709-0450 

Dear Sir or Madam: 

January 20, 2011 

DEPARTMENT of ENVIRONMENT 

and NATURAL RESOURCES 

PMB 2020 

JOE FOSS BUILDING 

523 EAST CAPITOL 

PIERRE, SOUTH DAKOTA 57501-3182 

www.state.sd.us/denr 

Please publish the enclosed Notice in your paper as a display advertisement for one 

issue on the 251

h day of January, 2011. 

South Dakota law requires that this notice be published as a display advertisement. 

Your failure to return your Affidavit of Publication containing the words "display 

advertisement" with your invoice will nullify your claim for publication fees. 

Please submit the Affidavit of Publication and invoice to: 

Department of Environment and Natural Resources 

Division of Environmental Services 

Air Quality Program 

523 E. Capitol, Joe Foss Building 

Pierre, South Dakota 57501-3181 

A new state law (effective July 1, 2009) now requires that our public notices include 

additional language regarding the cost to publish the public notice. The line that must 

be completed with a dollar amount will now appear at the bottom of the public notice. 

Please indicate the dollar amount before publishing in your newspaper. 

If you have any questions, please contact this office at (605) 773-3151. 

Sincerely, 

~iv1flJ!a~fj7 Lita L. Magedanz 

Senior Secretary 

Air Quality Program 

Enclosure 

J 
Magedanz, Lita 

Importance: 

RapidJournai-Display (pattie.vanpatten@lee.net) 

Rombough, Kyrik; Regynski, Barb 

FW: Rule Public Notice 

High 

RAPID.D!S.doc (34 

KB) 

Dear Sir or Madam: 

Please find the attached cover letter and public notice to be published in 

your paper as a display ad. Please reply to 

receipt to verify that you have received it. 

please call. 

Sincerely, 

~ PubllcNotice.doc 

(51 KB) 

this e-mail upon 

If you have any questions, 

Lita L. Magedanz 

~nior Secretary 

~partment of Environment and Natural Resources 

Division of Environmental Services 

Office of Air Quality Program 

523 East Capitol Avenue, Joe Foss Building 

Pierre, South Dakota 57501 

Phone# (605) 773-3151 

Fax# (605) 773-4068 

E-mail: lita.magedanz@state.sd.us 

1 
RECEIVED 

FEB 0 2 2011 

AIR QUALITY 

PROGRAM 

TO 

I 

' d .. U ~ in the Matthew s . ere g . e, Pierre, South 

. · )er the proposed suffered an tion Ac~ tl1~t 'Ons, 7 4:36:09 - thus shielding)ermits for New 

ifice, he abruptly 

!corporate money 

I 

guys who hadfinancedhiscongressional opposition in an 

' efforttopurchase a second 

·term. 

In his recent 

Wall Street 

journal op-ed 

•

arack 

veered 

ydown 

rse, trumpeting his 

1r "to remove out-

>ns that stifle job 

1ake our economy 

ve!' 

~d tile same ra-

!Sed by Clinton 

doff. on the 

gulation legisla-

!shed tile Wall 

lat ended up being 

•-killer since the 

ion. 

past) seven years, 

,o modernize tile ~ton entllused as 

'inancial Services 

1 Act tllatrepealed 

egislation, 

oday what we are 

mizing the finandustry, tearing 

tlquated laws and 

; significant new 

demizing was tile 

nstant, as in the 

1tures Modemizatives fro!'l any 1 

lation. 

That dereg to its Prevention 

concedes in Ji1erred to as the . to"alackofpls as a regulated 

transparency 1iness is required 

the collapse o/011, and/or Title 

ketsandafulln dioxide, nitrous 

But Obama n~fluoriQe. South 

his deregulan' . associated with 

more sensibl . 

wrote tllat he. e State of South 

plish tllis reva\, been issued by 

put from expelule. The reason 

ordinary citiz businesses look· 

mind his two 

House advise . . · 

most effec~¥. :~~~~~s:~~~;~e~ tllose spec•a! nstruction permit 'Ibm Doni! 

tiona! securi 

Washington I against the pro- , housingbehe submitting writ· 

which will co · 

$700 billion b . keting of toxi~ 

ma'snewchi~s 

Daley, was til~ 

representative 

flicted JPMorl!y 16, 2011, to be 

are the folks,~ consider all writ· 

oilier Wall Str!:trd of. Minerals of 

administratio~o or exclude mat· 

tile latest updl 

Lita Magedanz 

Street 

LETTERS TO THE 

Mail: Rapid City Journal, 

City, SD 57709. 

Phone: 394-8427 

~ffibabit of f}ublication 

STATE OF SOUTH DAKOTA 

County of Pennington ss. 

.LP-"a""l-r:..J.i-"""''-"'a-AL~-JL.I!{."""''--'-p=·f-h;;,ea..o _____ ____,J, being first duly swam, 

upon her oath says: That she is now and was at all times hereinafter mentioned, 

an employee of the RAPID CITY JOURNAL COMPANY, a corporation, of 

Rapid City, South Dakota, the owner and publisher of the RAPID CITY JOURNAL, illegal and daily newspaper printed and published in Rapid City, in said 

County of Pennington, and has full and personal knowledge of all the facts 

herein stated as follows: that said newspaper is and at all of the times herein 

mentioned has been a legal and daily newspaper with a bonafide paid circulation of at least Two Hundred copies daily, and has been printed and published 

in the English language, at and within an office maintained by the owner and 

publisher thereof, at Rapid City, in said Pennington County, and has been 

admitted to the United States mail under the second class mailing privilege for 

at least one year prior to the publication herein mentioned; that the advertisement, a printed, copy of which, taken from said RAPID CITY JOURNAL, the 

paper in which the same was published, is attached to this sheet and made a part 

of this affidavit, was published in said paper once each------""="'------

for --'---"-''"""'-----successtve --~--""=K---~ the 

first publication thereof being on the ___ __J;t"-'""e""a'-"iJY.'-"-..:;f"-'·ftl..a:· "--- day of 

e?tJ/( , that the fees charged for the 

publication thereof are 7f:c, buadcd .[;£~, Dollars 

J 

and f;f~t - 5il( 

J 

cents, for letral dioplay adverti•emerot. 

~-~---- ,.._ __ 

..2.ol/ 

Notary 
---------------------------------------------------

I 

--

~ffibabit of l3ublicatfon 

STATE OF SOUTH DAKOTA 

County of Pennington ss. 

_ _,_P_,a.,__,h_,_r_,_,i'"'""-"-·a __ LLL~-u;ik:'"'"n"--'-'P"'.-""f-6-"'eo'-'--------~· being first duly sworn, 

- upon her oath says: That she is now and waif at all times hereinafter mentioned, 

an employee of the RAPID CITY JOURNAL COMPANY, a corporation, of 

Rapid City, South Dakota, the owner and publisher of the RAPID CITY JOURNAL, iz legal and daily newspaper printed and published in Rapid City, in said 

County of Pennington, and ' lias full and personal knowledge of all the facts 

herein stated as follows: that said newspaper is and at all of the times herein 

mentioned has been ·a legal and daily newspaper with a bonafide paid circulation of at least" Two Hundred copies daily, and has been printed and published 

in the English language, at and within an office maintained by the owner and 

publisher thereof, at Rapid City, in said Pennington County, and has been 

admitted to the United States mail under the second class mailing prim1ege for 

at least one year prior to the publication herein mentioned; that the advertisement, a printed,copy of which, taken from said RAPID CITY JOURNAL, the 

paper in which the same was published, is attached to this sheet and made a part 

of this ajfidilVit, was published in said paper once each ----"'=IS_ __ _ 

for ----''-----=n"""--"----------successiVe --'---------""'""""'----~ the 

first publication thereof being on the ___ ___Jt--"'"'""~na.~'7-'--'' -

7 -&cz-H;zzh2.__ day of j -

p?iJ/( , that the fees charged for the 

publication thereof are 7:-,., buadcd -t:f,£~, Dollars 

J 

and -& ffy - 2iz 

J 

cents, for legal display adverti•eme-,.t. 

c:---·-------------- ' 

.:2L> I/ . 
IRapict city Journal 

Classified Advertising Invoice 

.RECEIVED Rapid City Journal & 

Black Hills Weekly Group 

PO Box31238 

Billings, MT 59107-1238 

S.D. DENR PMB 2020 

AIR QUALITY PROGRAM 

523 E. CAPITOL AVE. 

PIERRE SD 57501-3182 

Date Order# Type 

01/25/11 20546982 INV 

OrderAmt 

250.S6 

FEB 0 2 20!1 

AIRQUALnr 

PROGRAM 

(877) 510-6397 

Customer: 60019027 

Amount Paid: _____ _ 

Check Number: ------:-

Phone: (605) 773-3151 

Date: 01/25/2011 

Card#: ______________ _ 

Signature: ______________ _ 

................... d.................................... ...d . ~.~~.,~.~~~._.,-l_l_)r'~.t ... E''_ ~to ......................................................... . 

Order # 

01/25/11 20546982 INV 

PLEASE DETACH AND RETURN TOP PORTION WITH YOUR PAYMENT 

Description 

Feb. 17 Rules Hearing 

Start 01/25/11 End 01/25/11 

Rapid City Journal 

65.00 

Times Run Order Amount 

1.00 250.56 

Please return invoice or put order number on check. Thank You. 

NetAmtDue 

250.56 

4111_•,_k• ________________________________________________________________ ~ILI _T_ota_t_o_u•_' __________ 25_o_.5_6_J 

RAPID CITY JOURNAL & 

BLACK HILLS WEEKLY GROUP 

PO BOX31238 

Billings, MT 59107-1238 

(877) 510-6397 

Rapid City Journal M Patriot- Meade County Times 

Lawrence County Journal -Butte County Post 

Hot Springs Star- Chadron Record 
RECEIVED 

\ 

FEB 0 2 2011 

AIR QUALITY. 

PROGRAM 

ARTICLE 74:36-

AIR POLLUTION CONTROL PROGRAM 

NOTICE OF PUBLIC' HEARING TO 

REVISE RULES'·' 

, The Board of Minerals of Environinentwill hold a public hearing in the Matthew 

'Envirqnmental EOucation and Training Center, 523 East Capitol Avenue; Pierre, South 

Dakota, on February .17, 201 f, f :00 p.m.,Gentral Standard Time, to consider .the proposed 

amendments to article 74:36 by revising chapter 74:36:01 . - Definitions, ·7.4:36:09 -

Prevention_ of Significa~t Detertor~tion, clrid. 74:36:20 - Construction·· Permits·: for . New 

Sources Or Modifications. · · . . .\:. '."._ ._' ' ' ' 

The federal EnvironmE?ntal Protection_fl\gency (EPA) adopted re:visi9p,~'t,o:its _Pn~~,ention. 

of Significant' Deteriorati_on_ and. Title V -·air qu.~l!_ty permit programs ~~f~~teq -= t9 ... ~s· the 

-.Greenhouse Gas TailorinQ_Rule . .The .. revisions establish gr!3enhouse. 9a&e5 a$ a'_reQ~Iated 

air ppllutantand a greenhous_e __ gas. air Sm.isSion_threshold.fo·r ·wh~n-a_bU_si_n6sS,iS:·reqUired 

to obt8.in .!=i-Prevention of Significant Deteri0~8t!6n p_ermit as of Jahuary ~. ~?~-1, ·a~"ti/~r Title . 

V air quality.permit as of July 1, 201_1. G·reSnh()U~~- ga~es consist' of ca~Obn d,io~id~. J)itrous 

o~ide,.. m~thane, hydrofluorocarbcins, pe_rtlupm(?arbons, B.r)d __ sUlfur. b~Xaf!U,Qri~e._·_. S_outh ' 

Dakota. is appealing these revisions adopted by' EPA and other iegulatioris ... associated with 

greenho.u_se gases: · · · .. · ' · 

The effect of the pmposed state rules is as follows: Without waiving the State of South 

DakOta's rig-hts to appeal the'various greSnhOuse:gas,regulati_ons that-hav6'been _issued by 

EPA; the proposed-state rules would adopt EPA's Greenhouse Tailoring Rule. The reason 

forth~ pr0p_6s~d sta.te r~les is· tO en'Sure that ,new_ b,usinesses and e)!:isting:-bu.sinesses- look~ 

ing to expand art) pedTiitted ·irl:an eXp'SditiO~s' nianner . 

. The proposed re~isfOri~:- t~ 7'4:36·:·26. ~il.l. ~~i~W. certain bliSiiiE!s:seS_-~o Starfc,OnStr~ctlon before, the _construction permit is _iSsu6d. ·one·~, th6y have ~a\iSf_ied the pr6.posed iequire- · 

ments .. HOwever, the businSsS is·n-Ot.all0w8d to start operati'O'ri': 'uilfihhe Cqilstructi.o_n permit ' 

isiSsu~d. ;·._.!:_<- · · , _ _· \. ·: 

Persons interested in' Preseiltirig_data; opinions_, aOd-argLJrnen'tsifor 9_[- againSt the proposed amendments may db so by 8ppearing in person at the· hear;r,g Or by._subffi.iti:!ng writ~ 

ten comments to the·perSOn,arid address noted·as follow·s: ·-- · · · 

KYrik Rombou-gh,. Natur~l_ :R~so~r~e~ .En~ine·~ring o:ir~y't6i'' '. '> 

South Dakota D~partment-ot Environm~nt ahd Nat~tal Reso~ices · 

523 East Capitol, Joe Fo~~; Building · .. · · · · 

Pi~rre, South Dakota 575pi ,_, , . . .... . , . . . . . , , 

' - '- ,!_ ' ._-_, i ····:·: . ' 

Written comments niUst_be· re·C~ive'd by ci_o~e 9f.. bUsiness-on· February. 16, 2011, to be 

cOnSi9ered.' After the _hearing •. t,h_9.'B9ard _9f 'rvtin~rals Of _Envirofunent-Will-'coris1deir all written and Oral commertts._itreC.Si\tes·on:the _propos~CJ.amendliieirits.··The Bo~ud Of.Minerals of 

Envi_fonment may modifY _Or ·amend_ a' ProPosed rui'e 'at-that time to include 'or-eXclude matters tti~t are descri_bed in·_,his-rtotice. ' · · · · 

Notice is further givSn_ to individuals with disaQilities tta,8t tliiS:;hearirig is h6ing h~ld in a 

physically accessible place. Please. notify the.department at ·least 48 hours b·efore the public h~aring if.you have a disabHi_ty fo_r which special'.a.rrangelllents must -~e made at the ,hearing. The telephone ~umber ,for making special arrangements is (605) 773:311h. ' · 

Copies of the proposed rules maybe obtained without charge by calling Lila Magedanz 

at (605) 773-3151 or from the following website: · ' · 

Steven M. Pirner 

Secretary 

http://(jenr.sd.gov/des!aq!airprogr.aspx 

(Publishe~ l?nc::e at the_ approximate cost of $250.56). 
Sioux Falls Argus Leader 

Attention Display Advertising 

PO Box 5034 

Sioux Falls, SD 57117-5034 

Dear Sir or Madam: 

January 20, 2011 

DEPARTMENT of ENVIRONMENT 

and NATURAL RESOURCES 

PMB 2020 

JOE FOSS BUILDING 

523 EAST CAPITOL 

PIERRE, SOUTH DAKOTA 57501-3182 

www.state.sd.us/denr 

Please publish the enclosed Notice in your paper as a display advertisement for one 

issue on the 25th day of January, 2011. 

South Dakota law requires that this notice be published as a display advertisement. 

Your failure to return your Affidavit of Publication containing the words "display 

advertisement" with your invoice will nullify your claim for publication fees. 

Please submit the Affidavit of Publication and invoice to: 

Department of Environment and Natural Resources 

Division of Environmental Services 

Air Quality Program 

523 E. Capitol, Joe Foss Building 

Pierre, South Dakota 57501-3181 

A new state law (effective July 1, 2009) now requires that our public notices include 

additional language regarding the cost to publish the public notice. The line that must 

be completed with a dollar amount will now appear at the bottom of the public notice. 

Please indicate the dollar amount before publishing in your newspaper. 

If you have any questions, please contact this office at (605) 773-3151. 

Sincerely, 

?!{f~ fJftjePt~r~zv Lita L. Magedanz 0 

Senior Secretary 

Air Quality Program 

Enclosure 
Magedanz, Lita 

-~ Subject: 

Importance: 

~ ,;:~~~.J 

SiouxDisplay.doc 

(34 KB) 

Nolan Webb (nwebb@argusleader.com) 

Rombough, Kyrik; Regynski, Barb 

FW: Rule Public Notice 

High 

Dear Sir or Madam: 

Please find the attached cover letter and public notice to be published in 

your paper as a display ad. Please reply to 

receipt to verify that you have received it. 

please call. 

Sincerely, 

~ PublicNotice.doc 

(51 KB) this e-mail upon 

If you have any questions, 

•

'ta L. Magedanz 

nior Secretary 

partment of Environment and Natural Resources 

Division of Environmental Services 

Office of Air Quality Program 

523 East Capitol Avenue, Joe Foss Building 

Pierre, South Dakota 57501 

Phone# (605) 773-3151 

Fax# (605) 773-4068 

E-mail: lita.magedanz@state.sd.us 

1 
CUSTOMER 

NUMBER' 43815 Argus Leader 

INVOICE NUMBER' 244355 P.O. Box 671349, Dallas, TX 75267-7349 

RUN DATES' 1125,2011 I I Amountl$1,020.60 

Lita Magedanz 

Dept of Environment & Natural Resources 

Division of Environmental Services Office of Air Quality Program 

523 East Capitol Ave, Joe Foss Building 

Pierre, SD 57501 

.!!.~!~9!.!!!!~.§.!.!!.!.~!!.~!.!!.~.~~-~~~~! ........ ································································· ................................. ~.~-~-~r:-:!.!?.~!:.~!,'g_~_~f.~~.!:!. 

AFFIDAVIT OF PUBLICATIONCustomer Number: 43815 Lila Magedanz 

Invoice Number: 244355 

Argus Leader 

AFFIDAVIT OF PUBLICATION 

STATE OF SOUTH DAKOTA 

COUNTY OF MINNEHAHA } ss 

Linda Schulte being duly sworn, says: That The Argus Leader 

is, and during all the times hereinafter mentioned was, a daily 

legal newspaper as defined by SDCL 17-2-21, as amended 

published 8t Sioux Falls, Minnehaha County, South Dakota; 

that affiant is and during all of said times, was an employee of 

the publisher of such newspaper and has personal knowledge 

of the facts stated in this affidavit; that the notice, order or 

advertisement, a printed copy of which is hc1eto attached, was 

published in said newspaper upon 

Tuesday ,the ~day of January 2011 , 

,the day of 2011 

,the day of 2011 

,the day of 2011 

,the day of 2011 

,the day of 2011 

,the day of 2011 

and that $1,020.60 was charged for publishing the same 

My Commission expires December 22, 2015 

(~u~i~~J:~~~~ ~~ SOUTHOAKOTA ~} &•:tit Jillbfr'lt/Jo$1!/•t f:JI ;.t,+ 

RECEIVED 

JAN 2 7 2011 

AIR QUALITY 

PROGRAM 

RECEIVED 

JAN 2 7 2011 

AIR QUALITY 

PROGRAM 
• 

' .... ., __ ..... , ".1 ·:·"' "''".-' :~ ,,_,,._.- ... _... .. ','• . '"" 1· ;'. Mit!GU 'iAiD'.,:,~I.i!'.~q~ION ciliinKiL PliO~RAI!II 

f .'•'''' ., NOJICE o~'piJaui: HEA~ING To REVISE RULEs 

-!} j (t IJ: ' .:,_· '.· ' .-,:.:·<:.-: ' ' I ; ,• '" .''' 

:· T]1e e· . d. Ot Mio~tals oJ Enviro~m~nt wi,ll hoid a public hearing in ' 

, ll.ii.e.~ . ew Envirimmenta.l Educaijon and Training Center, 5.2· 3 East 

' Capito '.venue, Pierre,$outh Dakota, on February 17th, 201.1,1:00 

PM, central.standard time,. to consider the ~roposed amendments to 

arfh(le 7 4:36 by revising chapter 7 4:36:01 -Definitions, 74:36:09 -

Pre\<enUon of Significant Deterioration, and 7 4:36:20 -ConStruction 

Permits for New Sources or Modifications. • · 

, The federal Environmental Protection Agency (EPA) adopted revisions 

, to its Prevention of Significant Deterioration and Title V air quality. 

I permit programs referred to as the Greenhouse Gas Tailoring Rule. 

The revisions establish greenhouse gases as a regulated' air poilutant 

' and a greenhouse gas air emission threshold for when a business Is 

required to obtain a Prevention· of Signifimint Deteripration permit as 1 

ill January 2, 2011 and/or Title V air quality permitas of July 1, 2Q11. • 

Greenhouse gases consist of carbon dioxide, nitrous.oxide, methane, 

hydrofluorocarbons, perfluorocarbons, · and sulfur hexafluoride. 

South-Dakota is appealing these revisions adopted by EPA and othe> 

regulaijons associated with gre.enhouse gases. 

The effect of the proposed state rules is as follows: Without waiving 

the State of South Dakota's rights to appeal the various greenhouse 

gas regulations that have1 been issued by EPA, the proposed state 

rules would adopt EPA's Greenhouse Tailoring Rule. The reason 

lor the proposed state rules is to ensure that new businesses 

and existing bUsinesses looking to expand are permitted in an 

expeditious manner. · ·, · 

The proposed revisions to 7 4:36:20 will allow ·certain businesSes to 

start 1:9nstructlon before the construction permit is issued once they 

have: satisfied the proposed-requirements. However; the buslnessis• . 

not allowed to start operation until the construction permit is issued. 

Pewns lnter6sled In presenting data, opinions, and arguments for 

or against the proposed amendments may do so by appearing in 

person at the hearing or by submitting written comments to the 

person and address noted as follows: 

Kyrtk RombOugh, Natural Resources Engineering DirectOr 

South Dakota Department of Environment. and Natural Resoun:es 

523 East capHol, Joe FosS Building ' 

Pierre, South Dakota 57501 

Wrltteil. comments must be received by close of busipess' on 

February 16, 2011, to. be considered. After the hearing, the Board of 

Minaral~ of Environment will consider all written and or!il com"'e.nts 

H receives on the proposed amendments. The Board of Minerals of 

Environment miiy modify or amend a proposed rule at tliat tinie to lnclu~ or exclude matters that are described in. this notice. 

Notice Is further given to Individuals with disabilities that this hearing 

is being held in a physically accessible place. Please notify .!he 

department at least 48 hours before the public. hearing if you have 

a disability for which special amingements must be made at the 

hea~ng. The telephone number for making special arrangements is 

'(!105) 773;3151. . . . . 

. ~~~~!)/the proposed rules maybeo~min~d withoutcha~e by calling 

· Lila i,iagedanz at (605) .773-3151 or from the following website:. I. . .· . . . . . . , 

., • :,"·: ·.I. http://de~r.sd.gcnitdaS/aq/alrprogr.aspx / ,, ..... , '(, 
Black Hills Pioneer 

Attention Display Advertising 

315 Seaton Circle 

P 0 Box 7 

Spearfish, SD 57783-0007 

Dear Sir or Madam: 

January 20, 2011 

DEPARTMENT of ENVIRONMENT 

and NATURAL RESOURCES 

PMB 2020 

JOE FOSS BUilDING 

523 EAST CAPITOl 

PIERRE, SOUTH DAKOTA 57501·3182 

www.state.sd.us/denr 

Please publish the enclosed Notice in your paper as a display advertisement for one 

issue on the 251

h day of January, 2011. 

South Dakota law requires that this notice be published as a display advertisement. 

Your failure to return your Affidavit of Publication containing the words "display 

advertisement" with your invoice will nullify your claim for publication fees. 

Please submit the Affidavit of Publication and invoice to: 

Department of Environment and Natural Resources 

Division of Environmental Services 

Air Quality Program 

523 E. Capitol, Joe Foss Building 

Pierre, South Dakota 57501-3181 

A new state law (effective July 1, 2009) now requires that our public notices include 

additional language regarding the cost to publish the public notice. The line that must 

be completed with a dollar amount will now appear at the bottom of the public notice. 

Please indicate the dollar amount before publishing in your newspaper. 

If you have any questions, please contact this office at (605) 773-3151. 

Sincerely, 

)t:£;r/Jtf1JMv 

Lita L. Magedanz # 

Senior Secretary 

Air Quality Program 

Enclosure 
Magedanz, Uta 

-~ Subject: 

Importance: 

~ ""'~ 

SPEAR.DJS.doc (34 

KB) 

dru@bhpioneer.com 

Rombough, Kyrik; Regynski, Barb 

FW: Rule Public Notice 

High 

Dear Sir or Madam: 

Please find the attached cover letter and public notice to be published in 

your paper as a display ad. Please reply to 

receipt to verify that you have received it. 

please call. 

Sincerely, 

~ PubllcNotice.doc 

(51 KB) 

this e-mail upon 

If you have any questions, 

•

·ta L. Magedanz 

nior Secretary 

partment of Environment and Natural Resources 

Division of Environmental Services 

Office of Air Quality Program 

523 East Capitol Avenue, Joe Foss Building 

Pierre, South Dakota 57501 

Phone# (605) 773-3151 

Fax# (605) 773-4068 

E-mail: lita.magedanz@state.sd.us 

1 
\ 

e 

Affidavit of Publication 

STATE OF SOUTH DAKOTA: 

COUNTY OF LAWRENCE: 

RECEIVED 

JAN 2 8 201! 

AIR QUALITY 

PROGRAM 

Letitia Lister of said County and State being first duly sworn, 

. on her oath says: That the BLACK HILLS PIONEER is a legal daily 

newspaper of general circulation, printed and published in the City of 

Spearfish, in said County and State by Letitia Lister, and has 

been such a newspaper during the times hereinafter mentioned; and 

that said newspaper has a bonafide circulation of at least 200 copies 

weekly, and has been published within said County in the English langtiage for at least one year prior to the first publication of the notice 

herein mentioned, and is printed in whole or in part in an office maintained at the place of publication; and that I, Letitia Lister, the 

undersigned, am the Publisher of said newspaper and have personal 

knowledge of all the facts stated in this affidavit; and that the advertisement headed: 

copy is hereto attached, was printed and published 

said newspaper for I succes~ consecutive weeks, the 

first publication being made on the ay of Jan. , ~oil, and 

the last publication on the day of that the full 

amount of fees charged for publishing same, to-wit: The sum of 

$ 310. S'D, insures solely to the benefit of the publisher of the BLACK 

IDLLS PIONEER that no agreement or understanding for a division 

thereof has been made with any person and that no part thereof has 

been agreed to be paid to any other person whomsoever. 

Notary Public, Lawrence County, South Dakota 

My commission expires: 10-24-2016 
. Aifi!ICLE ~36 ;; Alii 'POlLUTION CON~ROl. PRO~M . · .. ·· .. -.. _ .. ·-~ _· .· ~- . ---.. : - . .'~ ... ·· _j._ · .... _}·-.. _:·.-.. ·:?> -~--~:·:·~ 

.,~ . NOT,ICEtij:lp08UC.REA,AiNG TO REVISE RULES ·. . -- -..... :~ . - . -_ ·j.. (- . -- :? - -- . -- .~:r:..- .. ..., 

The Board of Minerals of Environrrt~nt will hold a public heanng)iri'the 

Matthi!IN Environmen)al l;'~u~(ioh a~it ;rrainirig .. cent.,r, 523 Easto.Capitol 

A\IE'n~e. Pierre, South D~R9!9; ~n Fej>ruary 17th, 2011, 1 :,oo PM;:i ci!~traL' , 

standard time; to consider. the .. propa8ed amendments 'to ~(ticle 7 4:36 by · 

revisj~g chapt~i 7 4:36:o1 - Definitio~~· '7 4:36:09, ~ prevention of Signili~nt 

Det~ration, and 74:36:20 , Construction Permits for New Sources• or 

ModifiCations. , · · 

n\<1 'federal Environmental Protectidn Agency (EPA) adopted revisioi)s to 

its fi1f!!'vention of Sig~ificant DeterioraJion and Title V air quality .permifprQgram~ refE!rred to '!$ the Greenhous,e Ga$ Ta:ilorin·g Rulj>. The ·revisjons. 

esl!iblish greenhouse gases as a regul~ted air pollutant and a g(eenhouse 

gas air emission threshold for when: a business is required to obtajn a 

· Prevention of Significant Deterioration' permit as of January 2, 2011 and/or 

THie V air quality permit as of July 1, 2011 .. Greenhouse gases consist of. 

carbon dioxide, nitrous oxide, methane, hydro!l~orocarbons, perlluorocarbons, and sulfur ht;~xafluoride. South:Dakota is appealing these ravisions 

adopted by EPA and other regulations associated with greenhouse gases. 

The effect of the proposed state rules is as follows: Without waiving the 

State of Sou!h Dakota's rights to appeal the various greenhouse gas 'reg-

. .s that have been issued by EPA, tha proposed state rules would 

adOpt EPA's Greenhouse Tailoring Rule. The reason' for ihe proposed 

.stela rules is to.,ensure .. that n~~W .busi~esses and existing businesses .looking to expand are peimll!ed' in 11r expeditious manner. , · 

The proposed revisions to 74:36:20 will allow certain businesses to start 

collSiruction before the consin!ction permR is issued once they have 1!81' .. 

iSI!ed the propo'$ed requirements. However, the b~sines;> .is not allowed to 

start operation until the construction· permit is issu~d. ' -' · · '' . 

Pemons interested ·in presenting data, opinions, and arguments for or 

a~~st the pr~posed "mendments "iay .do so bY. appearing in person at 

the '"'aring or by submRting written C9mments lo the person and address 

noted as f911ow&; . · . ..... . . . .· . . . .. . . Kyflk Rombough,. ~!ural f!esour:cep Engineering Director 

S.outh Dakota: Department of Environment and Natural Resources 

523 East Capitol, JOio Fo~'$:Building · 

· · Pierre, south Dakota 5750:1 · • 

Written comments must be received by close of business on. February 

.16;~011, to be.considered .. ·After th~ hearing, the Board of Minerals, of 

Environment will consider all written and oral comments it receives on the 

pr!lJ!osed amendnien!S. The Board of, Minerals of'Environmerii may rmidifl' ~r amel')d a prop~d rule ~I that tir)le to in dude or exclude matters that 

are ~escrib8d in this notice. , . b · · ·· ', ~ 

· , ~tlce is tul:lf)er given to ind;i(i~uals with diSabilitiesJil.et thi$ hearing 'is 

belrig held .in a J)hysic811y accessible ·~ace. Please notify the department . 

at.le8St4!1 hours. before the public'llearing if yciu have a disability lor whiCh 

special ar.,.ng~ll)en(S'fullt\tJie rna$ ~I the hearing. The telephon!i riumber·fclr making gpecial Bl'll\ngement$ .is (605) 77~151. · . . . 

.. COpies ol the proposed .rules may be olitained.WRhoU! charge. by ~ing 

Uta·•Magedanz at (605) 773-3151 or from the following v,tebsHe: · 

. http://denr.sd:gov/desleq/airprogr.a$px 

,.,.' , , • ~I : ' •• < • - t 

~eri M, Piroe~ Secretary · · ..••• , •. 

c -T"''""·' ,_~t·' · 

Pubiish9ci on~ at th'e lllfSI approximate cost of $310.50. 
Public Opinion 

Attention Display Advertising 

120 3'a Avenue NW 

P 0 Box 10 

Watertown, SD 57201-0010 

Dear Sir or Madam: 

January 20, 2011 

DEPARTMENT of ENVIRONMENT 

and NATURAL RESOURCES 

PMB 2020 

JOE FOSS BUILOING 

523 EAST CAPITOL 

PIERRE, SOUTH DAKOTA 57501·3182 

www.state.sd.us/denr 

Please publish the enclosed Notice in your paper as a display advertisement for one 

issue on the 251

h day of January, 2011. 

South Dakota law requires that this notice be published as a display advertisement. 

Your failure to return your Affidavit of Publication containing the words "display 

advertisement" with your invoice will nullify your claim for publication fees. 

Please submit the Affidavit of Publication and invoice to: 

Department of Environment and Natural Resources 

Division of Environmental Services 

Air Quality Program 

523 E. Capitol, Joe Foss Building 

Pierre, South Dakota 57501 

A new state law (effective July 1, 2009) now requires that our public notices include 

additional language regarding the cost to publish the public notice. The line that must 

be completed with a dollar amount will now appear at the bottom of the public notice. 

Please indicate the dollar amount before publishing in your newspaper. 

If you have any questions, please contact this office at (605) 773-3151. 

Sincerely, 

tYIAX/Jif;jel~y Lita L. Magedanz 

Senior Secretary 

Air Quality Program 

Enclosure 
Magedanz, Lita 

e 

Subject: 

Importance: 

Water Display.doc 

(38 KB) 

loni.anderson@thepublicopinion.com 

Rombough, Kyrik; Regynski, Barb 

FW: Rule Public Notice 

High 

Dear Sir or Madam: 

Please find the attached cover letter and public notice to be published in 

your paper as a display ad. Please reply to 

receipt to verify that you have received it. 

please call. 

Sincerely, 

"ta L. Magedanz 

ior Secretary 

~ PublicNotice.doc 

(51 KB) 

this e-mail upon 

If you have any questions, 

partment of Environment and Natural Resources 

Division of Environmental Services 

Office of Air Quality Program 

523 East Capitol Avenue, Joe Foss Building 

Pierre, South Dakota 57501 

Phone# (605) 773-3151 

Fax# (605) 773-4068 

E-mail: lita.magedanz@state.sd.us 

1 
Watertown Public Opinion 

AFFIDAVIT OF PUBLICATION 

STATE OF SOUTH DAKOTA 

COUNTY OF CODINGTON } ss 

Mark S. Roby. being duly sworn says: That Watertown Public 

Opinion is, and during all the times hereafter mentioned was, a daily 

legal newspaper as defined in SDCL 17-2-2.1 through 17-2-2.4, as amended, 

published at Watertown, Codington County, South Dakota, by Watertown 

Public Opinion; that affiant is and during all of said times was an employee 

of the publisher of such newspaper and has personal knowledge of the 

facts stated in this affidavit; that the notice, order or advertisement, a 

printed copy of which is attached, was published in said newspaper upon: 

--~T:.:u:;,e,:;sd;::a,.y __ , the _,c2:::5:.::th.:__ day of __ _;;J an=u"ary"'--__ 20 II, 

that the full amount of the fee charged for publishing the same, including a 

.5.00 affidavit fee, to-wit, the sum of$272.00 insures solely to the benefit of 

W'e publisher of said newspaper; that no agreement or understanding for the 

division of the fee has been made with any person, and that no part of the fee 

has been agreed to be paid to any other person. 

Subscribed and sworn to before me this 25th day of January. A.D. 2011. 

(Seal) ...., ~-j.J ~ NOtarYP\lblic, South Dakota 

My commission expires February 28,2014 
Watertown Public Opinion 

AFFIDAVIT OF PUBLICATION 

ARTICLE 74:36...; . 

AIR POLLUTION CONTROL PROGRAM 

NOTICE OF PliJBLIC HEARINGTO REVISE RULES 

The 80ard ofMin~rals of EnvirOnment-will hold a·publid h~aring in, 

the. Matthew Eiwironmental Education and Training Center, 523 East 

Capitqi,Avenue,Pierre, South Dakota,.onFebruary 17th, 201l, 1.:00 

PM,' .Ceiltral standard time,· to consider the proJ)osed.amendments to 

article 74:36 by revising chapter 14:36:01 -, Definitions,74:36:09-

PreVeritiori:of Significant Deterioration; arid 74:36:20 -Construction 

Permits for New Sources-or Modifications.· ·, · . 

The· federal Environmental Protection A~ency (EPA) adopted revisions to its Prevention of Significant Det9ndi'ation,arid Title'V air q'ual- ·. ity permit programs referred to ·as the·- Greenhouse- Gas-Tailoring · Rule. The revisions_ establish greerihouSe. gases as.a. regulated_ air 

pollutant and a Qreenhouse ga~- aj,r emission :threshold for When a 

busine_ss is requ1red to obtain a Preve·ntion Of Significant Deterioration. permit as of January 2_, 2011 and/or Title V air quality permit as 

of July-1, 201'1 ·. GreenhOuse gases consist of carbon dioxide,: nitrous 

oxide, methane, hydrofh.JOrocarbons, perfluorocarbons, _and. sulfur 

hexafluoride. South Dakota Is appealing these revisions adopted by· 

EPA and other reguJ~tions associa,ted with greenho~se gases. 

The· effeci of the pr6poie'd state rules is as folfows: Without waiving 

the State of South _Dakota's rights to appeal the various greenhouse 

gas.regulations.that have been,issued by EPA, the-Proposed state 

rule_s_wquld adQpt EPA's Greenhouse Tailoring Rule. The.reason for . the proposed state rules is to ensure that new businesses and existing businesses looking to expand are permitted in. an expeditious 

manner. · 

Th.e proposed revisions to 74:36:20 will allow certain businesses to 

start construction before the construction permit is issued once they 

have satisfied the proposed: requirements. However, the buSiness is 

not allowE~d to start ._operation until the construction permit is issued._ 

Pe·roons interested in presentin·g data, opin·ions, and arguments -for or ag~inst the proposed amendments may do so by appearinQ in person at the hearing or by submitting written comments to the person and address rioted as fOllows: · . 

Kyrik RomboUgh, Natural Resources Engineering Director 

South-Dakota Department of Environment and Na~ural Resources 

523 East Capitol, Joe Foss Building 

Pierre, South Dakota 57501 . 

Written comments must :be received b:Y close of . business on 

February .16, 201 t, to be considered. After the hearing, the Board of 

Minerals of EOvironnlent will consider all written and oral comments 

it reCeives on th9 prOposed amendments. The_ Board of· Minerals of · Environment may niodify or amend a proposed role at that time to 

include.or exclude matters that.-are described in this notice. 

Notice is further given to iridividuals with disabilities that this hearing 

is being held in a physically accessible place. Please notify the 

department at least 48 hours before the public hearing if you have a 

diSability for which special arrangements must be niade at the hear- ing~ The telephone number for makilig special arrangements ·is (605) 773-3151: . . .. 

Copies of the proposed ·rules may be obtained without charge by calling Lita Magedanz.at (605) 773-3151 or from the f()llowi~g website:. 

http·l/denr.sd gov/des(aqtairorog'r aspx 

Steven M. Pirner, Secretar\- J5 ~ 1~ _o 0 . Publis_hed Once at the total clpproXimate' cost of $267.00. 

-
Daily Press & Dakotan 

Attention Display Advertising 

319 Walnut 

P 0 Box 56 

Yankton, SO 57078-0056 

Dear Sir or Madam: 

January 20, 2011 

DEPARTMENT of ENVIRONMENT 

and NATURAL RESOURCES 

PMB 2020 

JOE FOSS BUilDING 

523 EAST CAPITOL 

PIERRE, SOUTH DAKOTA 57501·3182 

www .state.sd.usldenr 

Please publish the enclosed Notice in your paper as a display advertisement for one 

issue on the 251

h day of January, 2011. 

South Dakota law requires that this notice be published as a display advertisement. 

Your failure to return your Affidavit of Publication containing the words "display 

advertisement" with your invoice will nullify your claim for publication fees. 

Please submit the Affidavit of Publication and invoice to: 

Department of Environment and Natural Resources 

Division of Environmental Services 

Air Quality Program 

523 E. Capitol, Joe Foss Building 

Pierre, South Dakota 57501 

A new state law (effective July 1, 2009) now requires that our public notices include 

additional language regarding the cost to publish the public notice. The line that must 

be completed with a dollar amount will now appear at the bottom of the public notice. 

Please indicate the dollar amount before publishing in your newspaper. 

If you have any questions, please contact this office at (605) 773-3151. 

Sincerely, 

)1,~ ?/-l?!ejel~/ Lita L. Magedanz J 

Senior Secretary 

Air Quality Program 

Enclosure 
Magedanz, Lita 

e; Subject: 

Importance: 

~ YanktonDispJay.doc 

(34 KB) 

Heather Heimes 

Rombough, Kyrik; Regynski, Barb 

FW: Rule Public Notice 

High 

Dear Sir or Madam: 

Please find the attached cover letter and public notice to be published in 

your paper as a display ad. Please reply to 

receipt to verify that you have received it. 

please call. 

Sincerely, 

~ PublicNotice.doc 

(51 KB) this e-mail upon 

If you have any questions, 

•

ta L. Magedanz 

nior Secretary 

epartment of Environment and Natural Resources 

Division of Environmental Services 

Office of Air Quality Program 

523 East Capitol Avenue, Joe Foss Building 

Pierre, South Dakota 57501 

Phone# (605) 773-3151 

Fax# (605) 773-4068 

E-mail: lita.magedanz@state.sd.us 

1 
AFFIDAVIT OF PUBLICATION 

YANKTON DAILY PRESS AND DAKOTAN 

Department of Environment and Natural Resources 

Division of Environmental Services 

Air Quality Program 

523 E. Capitol, Joe Foss Building 

Pierre, SD 57501 

STATE OF SOUTH DAKOTA 

COUNTY OF YANKTON 

KELLY HERTZ BEING FIRST DULY SWORN ON OATH DEPOSES 

AND SAYS THAT HE IS THE MANAGING EDITOR .OF THE YANKTON 

PRINTING COMPANY, A CORPORATION, THE PRINTER AND THE 

PUBLISHER OF THE YANKTON DAILY PRESS AND DAKOTAN, A LEGAL 

DAILY NEWSPAPER PRINTED AND PUBLISHED IN THE CITY OF YANKTON, 

SAID COUNTY AND STATE, AND ONE OF THE OFFICIAL NEWSPAPERS OF 

THE SAID COUNTY OF FACTS STATED IN THIS AFFIDAVIT; THAT THE 

ANNEXED Article 74:36 

TAKEN FROM THE PAPER, IN WHICH IT WAS LAST PUBLISHED IN THE 

NEWSPAPER ON THE 25th DAY OF January 2010 

THAT THE FULL AMOUNT OF THE FEE CHARGED FOR THE PUBLICATION 

OF SAID Display· Ad TO WIT $133.00 ENSURES TO THE 

BEN_EFITS OF THE .PUBLISHER OF SAID NEWSPAPER AND THAT NO 

AGREEMENT AND UNDERSTANDING FOR THE DIVISION THEREOF HAS 

BEEN MADE WITH ANY OTHER PERSON, AND THAT NO PART THEREOF 

HAS BEEN AGREED TO BE PAID TO ANY PERSON WHOMSOEVER. 

PUBLISHED ON: 1/25/2011 

FILED ON: 1/27/2011 

c-.....!.27!.!!!!-h_ DAY OF January 2011 

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ARTICLE 74:36 -c~ POLLUTION CONTROL PROGR.\,M 

NoTICE OFP~LIC HEARING~ REVISE RULEs I ,, . . ,, i 

The 'BOard of Minerals 'df Environment will bokJ a publi~ :~g ill 

the· Matth~w Environmental· Education· and Traiiling Center; _'523 _EaSt 

CapitolAvenu,, Pierre, South Dlikota,on February 17th, 2011, '1:00 

PM, ~en_tra1 standard·time,·to consid~ th~ P1'9PQSed ~ndme1,1y,tq· 

article .. 74:36 by revising._chapter 74:36:01· ,_.DefinitionS; 74:36:09 _; 

Prevention of Significant Deterioration, and 74:36:20·- Construction 

Permits for New SoUrces or Modifi~ations. · 

The'fed~.tal Environmentai Protection Agency (EPA) adopted re~isions 

to its ~vention of Significant Deterioration. and Title V air qUality 

permit progranls referred to as the Gr~nhousy G~ ThHoring Ru.Je. The 

revisio*s establish greenhouse gases as a regulated air pollutan,t and a 

g_~ouse gas air emission t:hrcishold for when:a l;lusiness is rfA.}uired 

to_obta41 a Prevention o~ Sign~fic~Rt Deterioration perriut as of January 

2·, 2011 and/or Title V air quality permit as of July 1, 2011. 

Greetllu~use gases consist Of c_arbon dioxide, nitrous 1 oxide, methane, 

hydrofl:uorocarbons,..e_erfluorocarbons, and sulfur hexafluoride. South 

DakOta is appealing these revisions adopted by -EPA and o~er ~gulaw 

tions associated With greenhquse.gases. 

The.eff~t of the pro!X>sed state rules is as follows: Without waiving 

the State. of South Dakota's rights·to appeal the various greenhouse gas 

regulatiOns that have been issued by EPA, the proposed state rules 

would ac;topt EPA's Greenhouse Tailoring Rule: The reason for the proposed state rules is to ensure that new businesses-and existing businessw 

e's lookihg to expand. are permi~ in an expeditious .tp.anner. ' . i 

The proPosed revisions to 74:36:20 will allOw certain businesses to 

s4irt'Construction before the _Construction perril.it is issued once they 

"have 5aqsfied the proposed requirements. However, the business is not 

allOWed to start operation until the construction permit is issued·.- ~ 

1 

Persofis ··inte~es~ ~- ~res~·nting 'data, opinions, and.argumerits for·o~ . 

against t#e proposed amendmeD.ts may do so by appearing in person ai · 

the -~arlltg Or by submitting written comments to the persort and·: 

address noted as follows: 

I 

Kyrik Rombough; Natural Resources Engineering Director 

South Dakota Department of Environment 

1 • and. Natural-Resources 

523· East Capitol, Joe Foss Building ' · 

Pierre; South Dakota·57501 

Written comments _muSt b~ receJved by close of business on February 

16, 2011, to be Considered. After the hearing, the Board ofMinerats of 

Environment will consider all ·Written and oral commen~ it receives on 

the proposed amendments. The fioard' of Minerals of Environment 

may m;~fy or ameqd,a pi-opQsed rule at that time to include or exclude 

~ that are described in this noti~e. 

Noticei: ia further given to individUals with. disabilities that thiS bearing 

is. ~i!l& ~ld in a physically accessible place. Please notify ~'department at least 48 hours before the public hearing if you-haVe ~ ·.disability .for which special arrangements must1J>e made at' the hearing·. The . 

telephone number for,.-~aking special arrangements is (605) 773w3151. 

CO}'ies:O~~the:proJ;lO~d l'U~e~ may be.obtained without Ch,arge by .callw ; 

ingLi~ MllJ.Z at. (60S)'-773w3151 or from the following website:: 

~\ip:lr.leiil-.id:~jv/d~[!/.;ql'liivrogr.aspx . . 

! ·:·, . ... .' '·1_11 . j .• i..~k:w~·:· .. , .'1' •· ,_ ,_-.: 

flfuveQ ~· Pirn/,r; ·j,~IJ;.; : ; Secrell!l11 · · · · · · · · '' ~ ' .•. ,j,. •• ;,. ._( y·<·. '' .. ~11 ' •' . 

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Pu~Ji$,~:<m'l< ~1,1/llt~J~~~mate cost of $133.00. 

""""''"""'IJili>ID&~f"\"!hlu""!.'""!dOptS\.,,. . , ' .~ ; " ' ' ' . (: ' ! ' • " ' . 
CODE 

DEPARTMENT 20 

DIVISION · .. 2 

PROGRAM 

ADMINISTRATIVE PROCEDURES ACT 

FISCAL NOTE 

Prepared by Submitting Agency .. · · . 

. . 

. NAME . 

Department c:t Environment &_ Natural Resources 

EnVironmental SB.Nic6s ----:- . ·.· 

Air Quality 

. . . . 

BFM50.10 

.. 

. . 

.. 

·. . ·.· 

PROPOSED RULE: Amendments to _article 74:36 by revising chapter 74:36:01 - Definitions, 7 4:36:09- Prevention of Significant 

. Deterioration, ai1d._74:36:-20--. Construction PermJtslor Ne'l(_$ourdiJs or_ Modificati0[18 . . 

··Hearing Date: Febf!!a,Y 17; 2011 

FISCAL IMPACT STAtEMENT: These rules have minimal impacts to all entities. The majority of businesses affected by the Tailoring Rule 

presently have air quality permits. No addiuonal staffing or resources by DENR are needed. 

FISCAL NOTE SUMMARY: None 

COSTINCREASESCDECREASESI 

State Agencies: . Firsf. Year impact Continuous-Yearly Impact 

· .. 

• . . . . .. ... $0 . . .. · .. · 

··· . 

$0 

~- --:- --:- ~ --:- . 

·.· . . ··. . ·. . ··. .· · . . . .. 

TOTAL . . · 

·. $0 .·· . .. $0 

Local Subdivisions: 

.. 

~ 

. 

TOTAL $0 $0 

Small Businesses 

TOTAL $0 $0 

REVENUEINCREASES(DECREASESI 

Revenue Increases (Decfeases) 

State, Local & Small Business : 

$0 $0 

.. TOTAL [";--... $0 $0 

~ ~~- ..... APPROVED 

Signature Dep:z~ 

-<:::::::::: · ' /'-.:... 

mission 

I 

Chairman 

DATE~/;} I 7 

ATTACH: Co p Of p ro p osed rules· , separate sections for. 1 ) explanation of rules effect, i.e. what procedures, schedules, activities, etc. will 

change with its adoption 2) statistics used, and their source, 3) assumptions that were made to arrive at fiscal impact, 4) computations that 

were made, 5)small business impact statement 

Revised June 2004 
Sen. Jean Hunhoff, Chair 

Legislative 

Research 

Council 

Rep. Shantel Krebs, Vice Chair 

James Fry, Director 

Doug Decker, Code Counsel 

February 7, 2011 

Mr. Joe Nadenicek 

South Dakota Department of Environment and Natural Resources 

523 East Capitol Avenue 

Pierre, South Dakota 57501 

Dear Mr. Nadenicek: 

RECEIVED 

FEB 9 2011 

DEPT. OF ENVIRONMENT AND 

NATURAL RESOURCES 

SECRETARY'S OFFICE' 

The South Dakota Board of Minerals and Environment has proposed the amendment, adoption, or repeal 

of administrative rules in ARSD Chapters 74:36:01, 74:36:09, and 74:36:20- Air Pollution Control 

Program, which are scheduled for hearing on February 17, 2011. We have reviewed the proposed rules 

and approve them for legality. 

This letter is based on a preliminary review of your rules. Attached are your rules edited for form and 

style pursuant to SDCL 1-26-6.5 and directions for submitting the final draft of the rules. If you have 

any questions, please don't hesitate to call me or the staff member who has reviewed your rule. 

Sincerely, 

'b 

D~er Code Counsel 

DD:KS 

Enclosures 

cc: Kyrik Rombough, DENR 

State Capitol, 500 East Capitol, Pierre, SD 57501-5070 

605n73-325I•Fax.60517.73-4576 

http:l/legis.state.sd. us 
DIRECTIONS FOR SUBMITTING THE FINAL DRAFT 

ARULES REVIEW MEETING SCHEDULE: The Interim Rules Review Committee will have an 

'W.nformal meeting near the close of the Eighty-sixth Legislative Session to set the tentative meeting schedule 

for the 20 II interim. Please note that the membership of the committee has changed for the 20 II interim. 

A. FINAL DRAFT TO LEGISLATIVE RESEARCH COUNCIL: When the final draft of the 

adopted rules is brought to this office for signature for legality and for form and style, please include 

the following items: 

~-

c. 

I. The edited copy of the first draft; 

2. One legible copy of the final draft, to be left here. The final draft should be double spaced, 

contain only rules being amended, repealed, or adopted, and show changes ·from current printed 

rules by means of overstrikes and underscores; 

3. The original Form #II which contains the signature of the officer empowered to adopt the rules 

or the signatures of a majority of the members of a board or commission which has the rule-making 

authority; and 

4. Copies of the following: 

a. The minutes of all public hearings, (a summary of the minutes if needed); and 

b. The affidavit of mailing to Rules Committee members- Form #12. 

SERVICE ON COMMITTEE: The following information is to be served on the interim Rules 

Review Committee at least five days before the committee meeting date: 

I. The final draft of the adopted rules (three-holed punched and numbered by page); 

2. The minutes of the public hearing; 

a. Include a summary of the hearing if a verbatim transcript is used; 

b. Include a summary of any subsequent hearing if the public hearing is continued or final 

action is taken at a later date; 

3. A summary of the written comments or copies ofthe written comments; 

4. The Impact Statement on Small Business; 

5. The Fiscal Note; and 

6. Agency financial resource information if the agency proposes a rule to increase a fee. 

First class mail, e-mail, or both should be used (See Form #12). 

FILING WITH THE SECRETARY OF STATE'S OFFICE (After appearing before the Interim 

Rules Review Committee) 

I. Each agency must complete and sign all documents before filing the certificate of compliance 

with Chapter 1-26 and the final draft of the rules with the Secretary of State's Office. Although it is 

not required by statute, the Secretary of State's Office would like to have a copy of the approval 

signature sheet with the filing of the final draft and the certificate. 
South Dakota 

Sen. Jean Hunhoff, Chair 

Legislative 

Research 

Council 

Rep. Shantel Krebs, Vice Chair 

James Fry, Director 

Doug Decker, Code Counsel 

February 7, 2011 

Mr. Joe Nadenicek 

South Dakota Department ofEnvironrnentand Natural Resources 

523 East Capitol Avenue 

Pierre, South Dakota 57501 

Dear Mr. Nadenicek: 

e The South Dakota Board of Minerals and Environment has proposed the amendment, adoption, or repeal 

of administrative rules in ARSD Chapters 74:36:01, 74:36:09, and 74:36:20- Air Pollution Control 

Program, which are scheduled for hearing on February 17, 2011. We have reviewed the proposed rules 

and approve them for legality. 

This letter is based on a preliminary review of your rules. Attached are your rules edited for form and 

style pursuant to SDCL 1-26-6.5 and directions for submitting the final draft of the rules. If you have 

any questions, please don't hesitate to call me or the staff member who has reviewed your rule. 

Sincerely, 

t 

D~er Code Counsel 

DD:KS 

Enclosures 

cc: Kyrik Rombough, DENR 

State Capito~ 500 East Capitol, Pierre, SD 57501'5070 

60Sn73.3251 • fax 605073-4576:;. 

··- •;•_, ... ::~.- . -. 
DIRECTIONS FOR SUBMITTING THE FINAL DRAFT 

RULES REVIEW MEETING SCHEDULE: The Interim Rules Review Committee will have an 

~formal meeting near the close of the Eighty-sixth Legislative Session to set the tentative meeting schedule 

· for the 20 II interim. Please note that the membership of the committee has changed for the 2011 interim. 

A. FINAL DRAFT TO LEGISLATIVE RESEARCH COUNCIL: When the final draft of the 

adopted rules is brought to this office for signature for legality and for form and style, please include 

the following items: 

c. 

1. The edited copy of the first draft; 

2. One legible copy of the final draft, to be left here. The final draft should be double spaced, 

contain only rules being amended, repealed, or adopted, and show changes from current printed 

rules by means of overstrikes and underscores; 

3. The original Form #11 which contains the signature of the officer empowered to adopt the rules 

or the signatures of a majority of the members of a board or commission which has the rule-making 

authority; and 

4. Copies of the following: 

a. The minutes of all public hearings, (a summary of the minutes if needed); and 

b. The affidavit of mailing to Rules Committee members- Form #12. 

SERVICE ON COMMITTEE: The following information is to be served on the interim Rules 

Review Committee at least five days before the committee meeting date: 

I. The final draft of the adopted rules (three-holed punched and numbered by page); 

2. The minutes of the public hearing; 

a. Include a summary of the hearing if a verbatim transcript is used; 

b. Include a summary of any subsequent hearing if the public hearing is continued or final 

action is taken at a later date; 

3. A summary of the written comments or copies of the written comments; 

4. The Impact Statement on Small Business; 

5. The Fiscal Note; and 

6. Agency financial resource information if the agency proposes a rule to increase a fee. 

First class mail, e-mail, or both should be used (See Form #12). 

FILING WITH THE SECRETARY OF STATE'S OFFICE (After appearing before the Interim 

Rules Review Committee) 

1. Each agency must complete and sign all documents before filing the certificate of compliance 

with Chapter 1-26 and the final draft of the rules with the Secretary of State's Office. Although it is 

not required by statute, the Secretary of State's Office would like to have a copy of the approval 

signature sheet with the filing of the final draft and the certificate. 
.. 

ARTICLE 74:36 

AIR POLLUTION CONTROL PROGRAM 

Chapter 

74:36:01 Definitions. 

74:36:02 Ambient air quality. 

74:36:03 Air quality episodes. 

74:36:04 Operating permits for minor sources. 

74:36:05 Operating permits for Part 70 sources. 

74:36:06 Regulated air pollutant emissions. 

74:36:07 New source performance standards. 

74:36:08 National emission standards for hazardous air pollutants. 

74:36:09 Prevention of significant deterioration. 

74:36:10 New source review. 

74:36:11 Perf()rmance testing. 

74:36:12 Control of visible emissions. 

74:36:13 Continuous emission monitoring systems. 

74:36:14 Variances, Repealed. 

74:36:15 Open burning, Transferred or Repealed. 

74:36:16 Acid rain program. 

74:36:17 Rapid City street sanding and deicing. 

1 
74:36:18 

74:36:19 

74:36:20 

Regulations for state facilities in the Rapid City area. 

Mercury budget trading program, Repealed. 

Construction permits for new sources or modifications. 

CHAPTER 74:36:01 

DEFINITIONS 

Section 

74:36:01:01 Definitions. 

74:36:01:02 Repealed. 

74:36:01:03 Administrative permit amendment defined. 

74:36:01:04 Affected states defined. 

74:36:01:05 Applicable requirements of the Clean Air Act defined. 

74:36:01:06 Complete application defined. 

74:36:01:07 Repealed. 

74:36:01:08 Major source defined. 

74:36:01:09 Categories of sources defined. 

74:36:01:10 Modification defined. 

74:36:01:11 National ambient air quality standard (NAAQS). 

74:36:01:12 Potential to emit defined. 

2 
• 

74:36:01:13 

74:36:01:14 

74:36:01:15 

74:36:01:16 

74:36:01:17 

74:36:01:18 

74:36:01:19 

74:36:01:20 

74:36:01:21 

74:36:01:22 

Process weight rate defined. 

Repealed. 

Regulated air pollutant defined. 

Responsible official defined. 

Repealed. 

Municipal solid waste landfill defined. 

Existing municipal solid waste landfill defined. 

Physical change in or change in the method of operation defined. 

Commenced construction defined. 

Subject to regulation defined. 

74:36:01:01. Defmitions. Unless otherwise specified, the terms used in this article mean: 

(1) "Act," chapter 34A-l of the South Dakota Codified Laws; 

(2) "Acid rain permit," a legally binding written document or portion of a document that is 

issued by the department and specifies the acid rain program requirements applicable to an 

affected source and to the owners and operators and the designated representative of the affected 

source; 

(3) "Acid rain program," the national sulfur dioxide and nitrogen oxides air pollution 

control and emissions reduction program established in accordance with Title IV of the Clean 

Air Act; 

3 
(4) "Administrator," the administrator of the Environmental Protection Agency or the 

secretary or their authorized representatives; 

(5) "Affected source," a source that includes one or more affected units under Title IV of 

the Clean Air Act; 

(6) "Affected unit," a unit that is subject to any of the emission reduction requirements or 

emission limits pursuant to Title IV of the Clean Air Act or chapter 74:36: 16; 

(7) "Air pollutant," one or a combination of the regulated arr pollutants listed m 

§ 74:36:01 :15; 

(8) "Allowable emissions," the emission rate calculated using the maximum rated capacity 

of a source unless the source is subject to federally enforceable limits which restrict operating 

rate, hours of operation, or both, and the most stringent of the following: 

(a) The applicable new source performance standards in chapter 74:36:07; 

(b) The applicable national emission standards in chapter 74:36:08; 

(c) Any applicable emission limitations specified in this article, including those with a 

future compliance date; 

(d) The emission rate specified as a permit condition; or 

(e) The applicable standards in 40 C.P.R. Part 60, 61, or 63 (July 1, 2009); 

4 
(9) "Ambient air," that portion of the atmosphere external to buildings to which the 

general public has access; 

(10) "ASTM," the American Society for Testing and Materials; 

(11) "Board," the Board of Minerals and Environment; 

(12) "Btu," British thermal unit; 

(13) "CO," carbon monoxide; 

(14) "Chairman," chairman of the board; 

(15) "Clean Air Act," the Clean Air Act, 42 U.S.C. 7401 et seq., as amended through 

January 1, 2010; 

(16) "Clean Air Act Amendments," the amendments to the Clean Air Act enacted in Pub. 

L. No. 101-549, November 15, 1990; 

(17) "Control equipment," a device which prevents or reduces emissions; 

5 
(18) "Criteria pollutant," selected and specified pollutants for which limiting ambient air 

quality standards have been set, including sulfur dioxides, particulate matter, carbon monoxide, 

ozone, nitrogen oxides, and lead; 

(19) "Department," the South Dakota Department ofEnviromnent and Natural Resources; 

(20) "Designated representative," the responsible person or official authorized by the 

owner or operator of an affected unit, in accordance with the Clean Air Act, to represent the 

owner or operator in matters pertaining to the holding, transfer, or disposition of allowances 

allocated to the unit and the submission of and compliance with permits, permit applications, and 

compliance plans for the unit; 

(21) "Draft permit," the version of a permit for which the department offers public 

participation or affected state review; 

(22) "Emissions allowable under the permit," a federally enforceable permit term or 

condition determined at issuance to be required by an applicable requirement that establishes an 

emissions limit, including work practice standards, or a federally enforceable emissions cap that 

the source has assmned to avoid an applicable requirement to which the source would otherwise 

be subject; 

(23) "Emission standard," the maximum amount of a pollutant legally permitted to be 

discharged from a single unit; 

6 
(24) "Emission unit," "Unit," any part or activity of a stationary source which emits or has 

the potential to emit a regulated air pollutant or any pollutant listed under section 112(b) of the 

Clean Air Act; 

(25) "EPA," the Environmental Protection Agency; 

(26) "Equivalent method," any method of sampling and analysis for an air pollutant which 

has a consistent and quantitatively known relationship to the reference method under specified 

conditions; 

(27) "Existing source," a source that has an approved state-issued variance or permit; 

(28) "Facility," a building, structure, or installation of pollutant-emitting activities which 

belong to the same industrial grouping, located on one or more contiguous or adjacent properties 

and under the control of the same person or of persons under common control, except the 

activities of a water-borne vessel. Pollutant-emitting activities are part of the same industrial 

grouping if they belong to the same major group, i.e., have the same two-digit code, as described 

in the Standard Industrial Classification Manual, 1987; 

(29) "Federally enforceable," all limits and conditions that are enforceable by the 

administrator of EPA pursuant to federal law. These limits and conditions include those 

requirements developed pursuant to this article, those appearing in 40 C.P.R. §§ 60 and 61 (July 

7 
1, 2009), requirements within the state implementation plan, and permit requirements established 

pursuant to this article or 40 C.F.R. §51 Subpart I (July 1, 2009). The use of this term does not 

impede the department's authority under state law to enforce these limits and conditions; 

(30) "Final permit" the version of an operating permit issued by the permitting authority 

for a source that has completed all required review procedures; 

(31) "Fuel-burning unit," a furnace, boiler, apparatus, stack, or any of their components 

used in the process of burning fuel or other combustible material for the primary purposes of 

producing heat or power by indirect heat transfer; 

(32) "Fugitive emissions," those air pollutants which could not reasonably pass through a 

stack, chimney, vent, or other functionally equivalent opening; 

(33) "General permit," a permit issued by the board in accordance with SDCL 34A-1-56 

that may be made applicable to numerous similar sources; 

(34) "Heat input," the aggregate heat content of all fuels whose products of combustion 

pass through a stack or stacks, using the heat input value of the equipment manufacturer's or 

designer's guaranteed maximum input, whichever is greater; 

(35) "Incinerator," a furnace used to bum solid waste to reduce the volume of the waste by 

removing its combustible material; 

8 
• 

(36) "Malfunction," any sudden and unavoidable failure of air pollution control equipment 

or process equipment or of a process to operate in a normal or usual manner, but not a failure 

caused entirely or in part by poor maintenance, careless operation, preventable equipment 

breakdown, or any other cause within the control of the owner or operator of the source; 

(3 7) "Minor source," a source whose potential emissions of a criteria pollutant are less 

than 100 tons a year and which does not meet the definition of a Part 70 source; 

(38) "New source," a source that has not been constructed and does not possess a permit or 

an approved state-issued variance; 

(39) "Nonattainment area," an area that does not meet or that contributes to ambient air 

quality in a nearby area that does not meet the national primary or secondary ambient air quality 

standard for the pollutant; 

(40) "NSR," new source review; 

(41) "Opacity," the degree to which emissions reduce the transmission of light and 

obscure the view of an object in the background; 

9 
(42) "Open burning," the burning of any matter in such a manner that the products of 

combustion resulting from the burning are emitted directly into the ambient air without passage 

through a stack, duct, or chimney; 

(43) "Operating permit," a written authorization issued by the board or the secretary for 

the operation of a source; 

(44) "Owner or operator," any person who owns, leases, operates, controls, or supervises a 

source; 

( 45) Repealed; 

(46) "Part 70 operating permit," any permit or group of permits covering a Part 70 source 

that is issued, renewed, amended, or revised; 

(47) "Part 70 source," any source subject to§ 74:36:05:03; 

( 48) "Particulate matter," a broad class of chemically and physically diverse substances 

that exist as discrete particles, liquid droplets, or solids over a wide range of sizes; 

( 49) "Permit modification," a change to a source which operates under a minor source 

operating permit or Part 70 operating permit that meets the requirements of§ 74:36:01:1 0; 

10 
(50) "Permit revision," a revision to a minor source operating permit or Part 70 operating 

permit to incorporate a permit modification, administrative permit amendment, or minor permit 

amendment; 

(51) "Person," an individual, corporation, partnership, firm, association, trust, estate, 

public or private institution, group, agency, political subdivision or state agency or any legal 

successor, representative, agent, or agency of the foregoing; 

(52) "PMIO," particulate matter with an aerodynamic diameter less than or equal to a 

nominal ten micrometers as measured by an applicable reference or equivalent method; 

(53) "Proposed Part 70 operating permit," a permit that the department has forwarded to 

EPA for review after the closure of the public notice period and after considering any public 

comments, including those from affected states; 

(54) "PSD," prevention of significant deterioration; 

(55) Repealed; 

(56) "Salvage operation," an operation conducted in whole or in part for the reclaiming of 

product or material; 

11 
(57) "Secretary," the secretary of the South Dakota Department of Environment and 

Natural Resources or an authorized representative; 

(58) "Shutdown," the cessation of operation of any control equipment, process equipment, 

or process for any purposes; 

(59) "Smoke," small gas-borne particles resulting from incomplete combustion, consisting 

predominantly, but not exclusively, of carbon, ash, and other combustible material, that form a 

visible plume in the air; 

(60) "Source," a facility that emits or may emit any air pollutant regulated under the Clean 

Air Act; 

(61) "Start-up," the setting into operation of any control equipment, process equipment, or 

process for any purpose; 

( 62) "Title I," Title I of the Clean Air Act Amendments, provisions for attainment and 

maintenance of national ambient air quality standards; 

(63) "Title IV," Title IV ofthe Clean Air Act Amendments, acid deposition control; 

(64) "Title V," Title V of the Clean Air Act Amendments, permits; 

12 
• 

(65) "Title VI," Title VI of the Clean Air Act Amendments, stratospheric ozone 

protection; 

( 66) "Variance," a written authorization issued by the board to operate a minor source in 

an attainment area that is not in compliance with certain portions of the Act; 

(67) "VOC," "volatile organic compounds," as defined in 40 C.P.R. § 51.100(s) (July 1, 

2009); 

( 68) "Wire reclamation furnace," a furnace that uses either direct or indirect heat transfer 

to salvage nonferrous metals through the thermal destruction of solid waste materials; 

(69) "PM2.5," particulate matter with an aerodynamic diameter less than or equal to a 

nominal 2.5 micrometers as measured by an applicable reference or equivalent method; 

(70) "S02," sulfur dioxide; 

(71) "N02," nitrogen dioxide; and 

(72) "Construction permit," a written authorization issued by the board or the secretary for 

the construction and operation of a new source or modification to an existing source. 

13 
• 

e (73) "Subject to regulation" as defined in 40 CFR § 70.2 (July I, 2009), as revised in 

publication 75 Fed. Reg. 31607 (June 3, 2010), in accordance with EPA requirements. 

Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from 

§ 34:10:01:01, 7 SDR 4, effective July 27, 1980; transferred from§ 44:10:01:01, effective July 1, 

1981; 8 SDR 71, effective December 21, 1981; 10 SDR 68, effective January 5, 1984; 13 SDR 

129, 13 SDR 141, effective July 1, 1987; 14 SDR 72, effective November 24, 1987; 16 SDR 88, 

effective November 14, 1989; 17 SDR 170, effective May 13, 1991; transferred from 

§ 74:26:01:01, 19 SDR 157, effective April22, 1993; 21 SDR 119, effective January 5, 1995; 23 

SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999; 30 SDR 26, 

effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 

13, 2006; 36 SDR 207, effective June 28,2010. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-6. 

Reference: Standard Industrial Classification Manual, 1987, Executive Office of the 

President, Office of Management and Budget. Copies may be obtained from National Technical 

Information Service, 5285 Port Royal Road, Springfield, Virginia 22161, order no. PB 87-

100012. Cost: $31. 

74:36:01:08. Major source defmed. A major source is any source or any group of 

sources that is located on one or more contiguous or adjacent properties, that is under control of 

14 
the same person or of persons under common control, that belongs to a single major industrial 

grouping, and that is any of the following: 

(1) A major source under § 112 of the Clean Air Act defined as a source or group of 

sources located within a contiguous area and under common control that emits or has the 

potential to emit, considering controls, in the aggregate, 10 tons per year (tpy) or more of any 

hazardous air pollutant which has been listed pursuant to § 112(b) of the Clean Air Act, 25 tpy or 

more of any combination of such hazardous air pollutants, or a lesser quantity established by rule 

by the administrator of the EPA. Emissions from any oil exploration or production well and its 

associated equipment and emissions from any pipeline compressor or pump station may not be 

aggregated with emissions from other similar units, whether or not such units are in a contiguous 

area or under common control, to determine whether such units or stations are major sources; or 

(2) A major source of air pollutants, as defined in § 302 of the Clean Air Act, that directly 

emits or has the potential to emit 100 tpy or more of any air pollutant subject to regulation as 

required by EPA, including any major source of fugitive emissions of any such pollutant, as 

determined by rule by the administrator of the EPA; or 

(3) A major source as defined in Part D of Title I of the Clean Air Act, including; 

(a) For ozone nonattainment areas, sources with the potential to emit 100 tons or more 

per year of volatile organic compounds or oxides of nitrogen in areas classified as "marginal" or 

"moderate, "50 tons or more per year in areas classified as "serious," 25 tons or more per year in 

15 
areas classified as "severe," and 10 tons or more per year in areas classified as "extreme." The 

references in this subdivision to 100, 50, 25, and 10 tons per year of nitrogen oxides do not apply 

to any source for which the administrator of the EPA has made a finding, under § 182(f)(l) or (2) 

of the Clean Air Act, that the requirements of§ 182(f) of the Clean Air Act do not apply; 

(b) For ozone transport regions established pursuant to § 184 of the Clean Air Act, 

sources with the potential to emit 50 tons or more per year of volatile organic compounds; 

(c) For carbon monoxide nonattainment areas that are classified as "serious" and in 

which sources contribute significantly to carbon monoxide levels as determined under rules 

issued by the administrator of the EPA, sources with the potential to emit 50 tons or more per 

year of carbon monoxide; and 

(d) For particulate matter (PM10) nonattainment areas classified as "serious," sources 

with the potential to emit 70 tons or more per year ofPMlO. 

A source or group of sources is considered as part of a single industrial grouping if all of 

the pollutant-emitting activities of the source or group of sources belong to the same major group 

(i.e. which have the same two-digit code) as described in the Standard Industrial Classification 

Manual, 1987. 

16 
Source: List of stationary sources transferred from § 74:26:01:03, 17 SDR 170, effective 

May 13, 1991; transferred from§§ 74:26:01:06.05 and 74:26:01:06.07, 19 SDR 157, effective 

April22, 1993; 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April4, 1999. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-6. 

Cross-Reference: Classification defined, Title I ofthe Clean Air Act. 

Reference: Standard Industrial Classification Manual, 1987, Executive Office of the 

President, Office of Management and Budget. Copies may be obtained from National Technical 

Information Service, 5285 Port Royal Road, Springfield, Virginia 22161, order no. PB 87-

100012. Cost: $31. 

74:36:01:15. Regulated air pollutant def"med. A regulated air pollutant is one of the 

following: 

(1) Nitrogen oxides or any volatile organic compounds; 

(2) Nitrogen dioxide, PMIO, 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; 

17 
(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; eF 

(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. 

Source: 19 SDR 157, effective April22, 1993; 21 SDR 119, effective January 5, 1995. 

General Authority: SDCL 34A-1-6. 

18 
--------------------------------; 

Law Implemented: SDCL 34A-1-6. 

CHAPTER 74:36:09 

PREVENTION OF SIGNIFICANT DETERIORATION 

Section 

74:36:09:01 Applicability. 

74:36:09:01.01 Prevention of significant deterioration permit required. 

74:36:09:02 Prevention of significant deterioration. 

74:36:09:03 Public participation. 

74:36:09:02. Prevention of significant deterioration. For the purposes of this chapter, 

the state's definitions and requirements for the prevention of significant deterioration are those in 

40 C.F.R. § 52.21 (July 1, 2009), as revised by EPA in publication 75 Fed. Reg. 31606 and 

31607 (June 3, 2010), except for 40 C.F.R. § 52.21(a)(l), (a)(2)(iv)(e), (a)(2)(vi), (b)(2)(iii)(h), 

(b)(3)(iii)(b), (b)(3)(vi)(d), (b)(32), (b)(42), (b)(55), (b)(56), (b)(57), (b)(58), (f), (q), (s), (t), (u), 

(x), (y), (z), and (cc) (July 1, 2009) with the following differences: 

19 
------------------------------------, 

(1) For the purposes of this section, all terms defined in this section have the meaning 

defined in 40 C.P.R. § 52.21, except for the term "administrator" which means the secretary with 

the following exceptions: 

(a) In 40 C.P.R. §§ 52.21(b)(3)(iii) and 52.21(b)(37)(iii), the term "administrator" 

means either the secretary or the administrator of EPA, as applicable; 

(b) In 40 C.P.R. §§ 52.21(w)(2) to 52.21(w)(4), inclusive, the term "administrator" 

means either the secretary or the administrator of EPA, as applicable; 

(c) In 40 C.P.R. §§ 52.21(b)(17); 52.21(b)(37)(i); 52.21(b)(43); 52.21(b)(48)(ii)(c); 

52.21(b)(50)(i); 52.21(g)(l) to 52.21(g)(6), inclusive; 52.21(1)(2); and 52.21(p)(2) the term 

"administrator" means the administrator of EPA; 

(2) For the purposes of this section, the term "Act" means the Clean Air Act; 

(3) For the purposes of this section, in 40 C.P.R. § 52.21(c), the Class I areas in South 

Dakota are Wind Cave National Park and the Badlands National Park; 

(4) For the purposes of this section, 40 C.F.R § 52.21(a)(2)(iv)(f) is incorporated by 

reference excluding the last sentence which states, "For example, if a project involves both an 

existing emissions unit and a Clean Unit, the projected increase is determined by sununing the 

values determined using the method specified in paragraph (a)(2)(iv)(c) of this section for the 

20 
existing unit and using the method specified in paragraph (a)(2)(iv)(e) of this section for the 

Clean Unit"; 

(5) For the purposes of this section, 40 C.F.R. § 52.2l(b)(2)(iii)(a) is incorporated by 

reference excluding the second sentence which states, "Routine maintenance, repair and 

replacement shall include, but not be limited to, any activity(s) that meets the requirements of the 

equipment replacement provisions contained in paragraph (cc) of this section"; 

(6) For the purposes of this section, 40 C.P.R. § 52.2l(r)(6) is incorporated by reference 

excluding the phrase, "(other than projects at a Clean Unit or at a source with a PAL)"; 

(7) For the purposes of this section, 40 C.P.R. § 52.2l(v)(l) is incorporated by reference 

excluding the phrase, "under 40 CFR 124.10"; and 

(8) For the purposes of this section, 40 C.F.R. § 52.2l(w)(l) is incorporated by reference 

excluding the phrase, "expires under paragraph (s) of this section or". 

The secretary shall transmit to the administrator of the EPA a copy of each permit 

application subject to this section and shall notify the administrator of the EPA of each 

significant action the secretary takes on the application. 

If EPA stays or withdraws the regulation of greenhouse gases as identified in publication 

75 Fed. Reg. 31606 and 31607 (June 3, 201 0), or a court issues an order vacating or otherwise 

21 
' 

invalidating EPA's regulation of greenhouse gases for any reason, the regulation of greenhouse 

gases by Article 74:36 are void as of the date of such administrative or judicial action and shall 

have no further force and effect. 

Source: 19 SDR 157, effective April22, 1993; 21 SDR 119, effective January 5, 1995; 30 

SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 33 SDR 43, 

effective September 18, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 

28,2010. 

General Authority: SDCL 34A-1-6, 34A-1-18. 

Law Implemented: SDCL 34A-1-18. 

CHAPTER 74:36:20 

CONSTRUCTION PERMITS FOR NEW SOURCES OR MODIFICATIONS 

Section 

74:36:20:01 

74:36:20:02 

Applicability. 

Construction permit required. 

74:36:20:02.01 Initiating construction prior to permit issuance. 

74:36:20:03 Construction permit exemption. 

74:36:20:04 Emission unit exemptions. 

22 
74:36:20:05 

74:36:20:06 

74:36:20:07 

74:36:20:08 

74:36:20:09 

74:36:20:10 

74:36:20:11 

74:36:20:12 

74:36:20:13 

74:36:20:14 

74:36:20:15 

74:36:20:16 

74:36:20:17 

74:36:20:18 

74:36:20:19 

74:36:20:20 

74:36:20:21 

74:36:20:22 

74:36:20:23 

74:36:20:24 

Standard for issuance of construction permit. 

Timely and complete application for a construction permit required. 

Required contents of complete application for a construction permit. 

Applicant required to supplement or correct application. 

Permit application -- Completeness review. 

Time period for department's recommendation. 

Public participation in permitting process. 

Public review of department's draft permit. 

Final permit decision-- Notice to interested persons. 

Right to petition for contested case hearing. 

Contents of construction permit. 

Administrative permit amendment. 

Procedures for administrative permit amendments. 

Reopening construction permit for cause. 

Procedures to reopen construction permit. 

Construction permit does not exempt from other requirements. 

Expiration of a construction permit. 

Notice of constructing or operating noncompliance-- Contents. 

Petition for contested case or alleged violation. 

Circumvention of emissions not allowed. 

23 
.. 

74:36:20:02. Construction permit required. A person may not construct, install, 

modify, or operate any source or unit likely to cause the emission of air pollutants into the 

ambient air or any equipment that prevents or controls the emission of air pollutants into the 

ambient air until a construction permit has been issued by the board or the secretary. unless it 

meet the requirements in§ 74:36:20:02.01. 

Source: 36 SDR 207, effective June 28,2010. 

General Authority: SDCL 34A-l-6, 34A-l-21. 

Law Implemented: SDCL 34A-1-21. 

74:36:20:02.01. Initiating construction prior to permit issuance. The owner or operator 

of a new source or modification to an existing source may initiate construction prior to issuance 

of the construction permit by the department if the owner or operator meets the following 

requirements: 

(1) The owner or operator has submitted a construction permit application to the 

department in accordance with§ 74:36:20:06; 

(2) The owner or operator has submitted a notification to the department of its intentions 

to initiate construction prior to issuance of the construction permit five working days before 

initiating construction; 

24 
• 

(3) The new source or modification to an existing source is not subject to chapters 

74:36:09 or 74:36:10. The provisions in chapters 74:36:09 or 74:36:10 remain applicable until 

the new source or modification to an existing source legally obtains a construction permit with 

federally enforceable conditions which limit the sources potential to emit below the applicable 

thresholds in chapters 74:36:09 or 74:36: I 0; 

(4) The new source or modification to an existing source is not subject to § 

74:36:08:03.01. The provisions in § 74:36:08:03.01 remain applicable until the new source or 

modification to an existing source legally obtains a construction permit with federally 

enforceable conditions which limit the sources potential to emit below the applicable thresholds 

in§ 74:36:08:03.01; 

(5) The owner or operator must assume any liability for construction conducted on a 

source before the permit is issued and in no case will the applicant be allowed to operate the 

equipment in any way that may emit any air pollutant prior to receiving a construction permit; 

( 6) The owner or operator must cease construction if the department's evaluation 

demonstrates the construction of the new source or modification to the existing source will 

interfere with the attainment or maintenance of a national ambient air quality standard or 

increment; and 

(7) The owner or operator will be required to make any changes to the new source or 

modification of an existing source that may be imposed in the issued construction permit. 

25 
• .. . 

Source: 

General Authority: SDCL 34A-l-6. 34A-1-21. 

Law Implemented: SDCL 34A-l-21. 

26 
MEMO TO: 

FROM: 

SUBJECT: 

February 8, 2011 

DEPARTMENT of ENVIRONMENT 

and NATURAL RESOURCES 

PMB 2020 

JOE FOSS BUILDING 

523 EAST CAPITOL 

PIERRE, SOUTH DAKOTA 57501-3182 

www.state.sd.us/denr 

Members of the Board of Minerals and Environment 

CJ(L Kyrik Rombough, Natural Resources Engineering Director 

Air Quality Program 

Air Quality Proposed Amendments to Administrative Rules of South 

Dakota (ARSD) 74:36- Air Pollution Control Program 

The Air Quality Program within the South Dakota Department of Environment and Natural 

Resources (DENR) implements federal air quality programs to maintain the air quality in South 

Dakota in attainment with the federal National Ambient Air Quality Standards and meet other 

requirements under the federal Clean Air Act. 

Proposed amendments to ARSD 74:36:01 -Definitions and ARSD 74:36:09- Prevention of 

Significant Deterioration 

The federal Environmental Protection Agency (EPA) adopted revisions to its Prevention of 

Significant Deterioration and Title V air quality permit programs referred to as the Greenhouse 

Gas Tailoring Rule. The revisions establish greenhouse gases as a regulated air pollutant and a 

greenhouse gas air emission threshold for when a business is required to obtain a Prevention of 

Significant Deterioration permit as of January 2, 2011 and/or Title V air quality permit as of July 

1, 20 11. Greenhouse gases consist of carbon dioxide, nitrous oxide, methane, 

hydrotluorocarbons, perfluorocarbons, and sulfur hexafluoride. South Dakota is appealing these 

revisions adopted by EPA and other regulations associated with greenhouse gases. 

Without waiving the State of South Dakota's rights to appeal the various greenhouse gas 

regulations that have been issued by EPA, the proposed revisions would adopt EPA's 

Greenhouse Tailoring Rule. The reason for the proposed revisions is to ensure that new 

businesses and existing businesses looking to expand are permitted in an expeditious manner. 
Proposed amendments to ARSD 74:36:20- Construction Permits for New Sources or 

Modifications 

ARSD 74:36:30, which became effective in June 2010, is a construction permitting program. 

The program requires an applicable source to obtain a permit before a person may construct, 

install, modify, or operate that source. The proposed revisions to 74:36:20 will allow small 

businesses to start construction before the construction permit is issued once they have satisfied 

the proposed requirements. However, the small business is not allowed to start operation until the 

construction permit is issued. These proposed changes do not apply and would not allow large 

businesses such as Hyperion or Otter Tail Power Company to begin construction prior to 

obtaining its construction permit. 

The proposed revisions will allow small businesses the ability to account for South Dakota's 

construction season due to inclement weather and react quicker to changing markets but still 

allows DENR to protect the environment. 
SIERRA 

CLUB 

FOUNDtD 1892 

February 11, 2011 

Via U.S. Certified Mail 

.RECEIVED 

FEB 14 2011 

AIR QUALITY 

PROGRAM 

Kyrik Rombough, Natural Resources Engineering Director 

South Dakota Department of Environment and Natural Resources 

523 East Capitol, Joe Foss Building 

Pierre, South Dakota 57501 

Re: Comments on Proposed Revisions to Air Pollution Control Program 

Regulations 

Dear Mr. Rombough, 

Because global warming is a serious threat to South Dakota, we are 

writing to offer our general support for the greenhouse gas pollution control 

rules proposed by the Department of Environment and Natural Resources. 

As Administrator Jackson finds in the finalized Endangerment 

Finding, elevated levels of certain greenhouse gases that are the result of 

human activity, including carbon dioxide ("C02"), methane, nitrous oxide, 

hydroflourocarbons, perflourocarbons, and sulfur hexafluoride (collectively, 

"GHGs"), "endanger the public health and welfare of current and future 

generations." Endangerment and Cause or Contribute Findings for 

Greenhouse Gases Under §202(a) of the Clean Air Act, 74 Fed. Reg. 66,496, 

66,523 (Dec. 15, 2009). Furthermore, ''without substantial and near·term 

efforts to significantly reduce emissions," the accumulation of these 

greenhouse gases will continue, and "lead to ever greater rates of climate 

change." Id at 66,518. Because carbon dioxide and the other GHGs have long 

lifetimes- from decades to centuries, "present day and near-term emissions" 

of these air pollutants will continue to influence world climate "for the 

remainder of this century and beyond." Jd. at 66,518·66,519. 

Each new or modified large stationary source permitted without 

consideration of its climate-forcing impacts, and without the requirement to 

control its GHG emissions to the extent technically feasible, will significantly 

impact climate not only during its lifetime, but hundreds of years later. For 
grow. Data from 2005- 2007, for instance, show ozone air quality improved 

in 99 of the 104 areas suffering from ozone smog levels worse than national 

air quality standards. Nearly the entire country is meeting air quality targets 

set years ago for carbon monoxide, nitrogen oxides and sulfur dioxide. Lead 

levels in ambient air are 91% lower than in 1980, protecting children from 

brain damage from that toxic pollutant. There is every reason to think global 

warming pollution controls will be equally successful. 

Although Sierra Club is, therefore, confident that South Dakota's 

course is generally correct, one point on the mechanics of this rule is 

inconsistent with the Clean Air Act and South Dakota's Administrative 

Procedure Act and one point could confuse the regulated community 

South Dakota Department of Environment and Natural Resources 

("DENR") proposes to amend the Prevention of Significant Deterioration 

rules to add a invalidation clause, automatically suspending the effect of this 

greenhouse gas rule should "EPA stayD or withdrawD the regulations of 

greenhouse gases ... or a court issueD an order vacating or otherwise 

invalidating EPA's regulation of greenhouse gases for any reason." The 

Department should not include this provision in the final rule because it is 

contrary to the Clean Air Act, South Dakota Administrative Procedure Act, 

and creates a burden on the regulated community. 

First, the Clean Air Act mandates that states may alter their state 

implementation plans only with EPA approval, see, e.g., 42 U.S.C. § 7410; 

such sudden unilateral action as proposed by these regulations is not 

consistent with the Clean Air Act. EPA recently advised Georgia on the 

inappropriateness of such a provision: 

While EPA appreciates Georgia's interest in such a provision, it 

raises significant legal issues and is a matter that EPA has 

previously counseled against in other contexts. EPA's basis for 

its concern, ... is ... that is simply not possible to predict the 

nature of future events that may impact the regulation. In 

addition, even if a court were to take one of the actions discussed 

in Georgia's proposed rule, there could be differences of opinions 

between EPA and Georgia regarding the interpretation and/or 

impact of such a decision .... Given the importance ofimividing 

certainty to the general public and regulated community 

regarding which regulations are in effect at any given time, EPA 

urges [Georgia] not to include this automatic invalidation 

provision in its final regulation. 

L----------------------------------------- ___ __j 
SIERRA 

CLUB 

FOUNDED 1892 

Via U.S. Certified Mail 

RECEIVED 

FEB 14 2011 

AIR QUALITY 

PROGRAM 

Kyrik Rombough, Natural Resources Engineering Director 

South Dakota Department of Environment and Natural Resources 

523 East Capitol, Joe Foss Building 

Pierre, South Dakota 57501 

Re: Comments on Proposed Revisions to Air Pollution Control Program 

Regulations 

Dear Mr. Rombough, 

Because global warming is a serious threat to South Dakota, we are 

writing to offer our general support for the greenhouse gas pollution control 

rules proposed by the Department of Environment and Natural Resources. 

As Administrator Jackson finds in the finalized Endangerment 

Finding, elevated levels of certain greenhouse gases that are the result of 

human activity, including carbon dioxide ("C02"), methane, nitrous oxide, 

hydroflourocarbons, perflourocarbons, and sulfur hexafluoride (collectively, 

"GHGs"), "endanger the public health and welfare of current and future 

generations." Endangerment and Cause or Contribute Findings for 

Greenhouse Gases Under §202(a) of the Clean Air Act, 7 4 Fed. Reg. 66,496, 

66,523 (Dec. 15, 2009). Furthermore, "without substantial and near-term 

efforts to significantly reduce emissions," the accumulation of these 

greenhouse gases will continue, and "lead to ever greater rates of climate 

change." Id at 66,518. Because carbon dioxide and the other GHGs have long 

lifetimes- from decades to centuries, "present day and near-term emissions" 

of these air pollutants will continue to influence world climate "for the 

remainder of this century and beyond." Id at 66,518·66,519. 

Each new or modified large stationary source permitted without 

consideration of its climate·forcing impacts, and without the requirement to 

control its GHG emissions to the extent technically feasible, will significantly 

impact climate not only during its lifetime, but hundreds of years later. For 
example, a new 500 megawatt coal·fired power plant combustion source 

permitted today (even though highly efficient by today's terms), if permitted 

without GHG controls can be expected to emit on the order of 4,000,000 tons 

per year ("TPY") of C02 over a plant lifetime of 60 years or more. Those 

emissions will continue to have negative radiative forcing impacts for 100 or 

more years after the C02 emitted by the facility, due to the long atmospheric 

residence lifetime of C02. In short, "current greenhouse gas emissions 

essentially commit present and future generations to cope with an altered 

atmosphere and climate .... " Id at 66,519. 

Sierra Club agrees that these circumstances require immediate action 

to regulate major sources of GHGs under the Clean Air Act's PSD and Title V 

programs. However, immediate imposition of these requirements on all 

sources will cause significant administrative difficulties. In these unusual 

and limited circumstances, Sierra Club also agrees it is appropriate to act 

immediately on the largest sources, and to do so by taking a step by step 

approach to implementing the full requirements of the PSD and Title V 

programs to stationary source greenhouse gas emissions. 

The proposed amendments to Article 74:36 Air Pollution Control 

Program will help cut pollution without burdening small businesses. The 

Department's approach largely incorporates the terms of the U.S. EPA's 

Tailoring Rule into South Dakota law. This tailoring approach gradually 

phases in global warming pollution controls by focusing only on the large 

industrial facilities which emit the lion's share of pollution and which already 

have substantial expertise navigating the permitting process. 

These huge pollution sources will be able to quickly and efficiently 

reduce their emissions. The Clean Air Act's "best available control 

technology" requirement is designed to take "energy, environmental, and 

economic impacts" into account and to "insure that economic growth will 

occur in a manner consistent with the preservation of existing clean air 

resources." See 42 U.S.C. §§ 7 470(3); 7 479(3). Companies will be able to 

economically comply with this requirement by installing more efficient 

boilers, fixing faulty equipment, and using cleaner fuels. Many measures will 

use energy efficiency to reduce energy costs while reducing emissions. Actual 

costs for reducing air pollution levels have typically been far lower than those 

projected by the EPA (and much less than the costs suggested by polluting 

industries.) 

Indeed, the Clean Air Act has a long history of successfully controlling 

pollution while promoting economic growth. The air in our nation's cities is 

substantially cleaner than in 1990, when the Clean Air Act Amendments 

largely gave the Act its modern form, while the economy has continued to 
grow. Data from 2005- 2007, for instance, show ozone air quality improved 

in 99 of the 104 areas suffering from ozone smog levels worse than national 

air quality standards. Nearly the entire country is meeting air quality targets 

set years ago for carbon monoxide, nitrogen oxides and sulfur dioxide. Lead 

levels in ambient air are 91% lower than in 1980, protecting children from 

brain damage from that toxic pollutant. There is every reason to think global 

warming pollution controls will be equally successful. 

Although Sierra Club is, therefore, confident that South Dakota's 

course is generally correct, one point on the mechanics of this rule is 

inconsistent with the Clean Air Act and South Dakota's Administrative 

Procedure Act and one point could confuse the regulated community 

South Dakota Department of Environment and Natural Resources 

("DENR") proposes to amend the Prevention of Significant Deterioration 

rules to add a invalidation clause, automatically suspending the effect of this 

greenhouse gas rule should "EPA stayO or withdrawO the regulations of 

greenhouse gases ... or a court issueD an order vacating or otherwise 

invalidating EP A:s regulation of greenhouse gases for any reason." The 

Department should not include this provision in the final rule because it is 

contrary to the Clean Air Act, South Dakota Administrative Procedure Act, 

and creates a burden on the regulated community. 

First, the Clean Air Act mandates that states may alter their state 

implementation plans only with EPA approval, see, e.g., 42 U.S. C.§ 7410; 

such sudden unilateral action as proposed by these regulations is not 

consistent with the Clean Air Act. EPA recently advised Georgia on the 

inappropriateness of such a provision: 

While EPA appreciates Georgia's interest in such a provision, it 

raises significant legal issues and is a matter that EPA has 

previously counseled against in other contexts. EPA:s basis for 

its concern, ... is .. . that is simply not possible to predict the 

nature of future events that may impact the regulation. In 

addition, even if a court were to take one of the actions discussed 

in Georgia's proposed rule, there could be differences of opinions 

between EPA and Georgia regarding the interpretation and/or 

impact of such a decision .... Given the importance of providing 

certainty to the general public and regulated community 

regarding which regulations are in effect at any given time, EPA 

urges [Georgia] not to include this automatic invalidation 

provision in its final regulation. 
---------------------------------------------------------------------- --

Letter from Greg M. Morley, Air Permits Section Chief, U.S. Envtl. 

Protection Agency to James A. Capp, Air Protection Branch Chief, Georgia 

Dep't Nat. Resources (Oct. 29, 2010) (attached hereto). EPA ultimately 

formally declined to approve Georgia's proposed invalidation provision. 75 

Fed. Reg. 73,017, 73,018 (Nov. 29, 2010). 

Second, the South Dakota Administrative Procedure Act mandates 

that regulations to amendments be subject to notice and comment. South 

Dakota Administrative Procedure Act states "[o]nce a rule has been adopted, 

it may not be amended, repealed, or suspended except by compliance with § 

1·26-4 or 1-26-5, and with§ 1-26-6, even if it has not taken effect." SDCL § 1-

26-6.7. South Dakota Codified Law § 1-26-4 sets forth specific "notice, service, 

and public hearing procedure[s]" that an agency must follow to amend, 

repeal, or suspend a regulation." SDCL § 1-26-4. These requirements include 

affording "all interested persons reasonable opportunity to submit 

amendments, data, opinions, or arguments at a public hearing held to adopt 

the rule." Id The sudden and unilateral action proposed by this automatic 

invalidation provision is not consistent with state law. 

Finally, this provision creates instability in the regulated community. 

South Dakota should not force businesses making permitting decisions to 

monitor the court decisions in order to avoid sudden changes in permit 

regulations. South Dakota could, of course, work to alter its own rules in an 

orderly way should EPA withdraw its rule or a court invalidate it. It should 

avoid provisions which would precipitously alter its permitting structure 

based on the existence of a court case which the EPA and South Dakota may 

interpret differently. 

We thank DENR for taking action to control global warming pollution, 

promote clean air, and protect our state and its economy. However, Sierra 

Club urges the agency not to include an invalidation provision in the final 

rules. 

Sincerely, 

Kristin 

~aw A. Henry, Staff Attorney 

Sierra Club 

85 Second Street 

San Francisco, CA 94115 
) 

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S7o5-8 
47423 319th St 

Elk Point, SD 57025 

2.07.11 

Mr. Kyrik Rombaugh 

RECEIVED 

FEB 1 0 2011 

AIR QUALITY 

PROGRAM 

South Dakota Department of Environment and Natural Resources 

523 East Capitol, Joe Foss Building 

Pierre, South Dakota 

Re: Comments on Proposed revisions to the Air Pollution Control Program Regulations 

State of South Dakota 

Dear Mr. Rombough; 

In response to your recent public notice relative to DENR's proposed greenhouse gas 

pollution control rules, I would like to indicate my general support for the intent to 

implement such rules as proposed by the EPA. 

I would note, however, that your specific proposal contains at least two items, which I 

believe should be substantially modified or deleted as follows: 

1. Your proposed regulations I believe unlawfully allow construction to begin on a 

facility before the State issues a Prevention of Significant Deterioration Permit. I 

believe this is neither desirable nor lawful, and construction should not be allowed 

until after a permit application has been noticed and the fmal permit has 

subsequently been issued. 

2. Your proposed regulation has an invalid provision that violates the Clean Air 

Act's SIP (that South Dakota has adopted) amendment procedure as well as the 

South Dakota Administrative Procedure Act notice and comment requirements. 

The rules as adopted cannot later be amended, repealed, or suspended without 

further public comment. 

In summary, I compliment the State in its efforts to combat global warming, but think 

that the above two items need to be properly modified and/or deleted in accordance with 

my comments. 

Sincerely, . y:; ,r A_~· v( <'t 1-:vuU:... ... -t./ 

Donna LaFerrier 
February 7, 2011 

Mr. Kyrik Rombaugh 

South Dakota Department of Environment and Natural Resources 

523 East Capitol, Joe Foss Building 

Pierre, South Dakota 57501 

RECEIVED 

FEB 1 0 2011 

AIR QUALITY 

PROGRAM 

Re: Comments on Proposed revisions to the Air Pollution Control Program Regulations 

State of South Dakota 

Dear Mr. Rombough, 

In response to your recent public notice relative to DENR's proposed greenhouse gas 

pollution control rules, I would like to indicate general support for the intent to 

implement such rules as proposed by the EPA. 

I also would ask that two items in your proposal be substantially modified or deleted as 

follows: 

I. Your proposed regulations allow construction to begin on a facility before the 

State issues a Prevention of Significant Deterioration Permit. From my 

perspective-c:-as one living near to the proposed construction site, this is not 

desirable nor lawful. Construction should not be allowed until after a permit 

application has been noticed and the final permit has subsequently been issued. 

2. Your proposed regulation has an invalid provision that violates the Clean Air 

Act's SIP (that South Dakota has adopted) amendment procedure as well as the 

South Dakota Administrative Procedure Act notice and comment requirements. 

The rules as adopted cannot later be amended, repealed, or suspended without 

further public comment. 

I support the State in its efforts to combat global warming but think that the above two 

items need to be properly modified and/or deleted. 

Sincerely, 

47542 

J.~F? SD Hwy 50 

Elk Point, SD 5702~ 
February 9, 2011 

Mr. Kyrik Rombaugh 

South Dakota Department of Environment and Natural Resources 

523 East Capitol, Joe Foss Building 

Pierre, South Dakota 

RECEIVED 

FEB 11 2011 

AIR QUALITY PROGRAM 

Re: Comments on Proposed revisions to the Air Pollution Control Program Regulations 

State of South Dakota 

Dear Mr. Rombough, 

In response to your recent public notice relative to DENR' s proposed greenhouse gas 

pollution control rules, I would like to indicate my general support for the intent to 

implement such rules as proposed by the EPA. 

I would note, however, that your specific proposal contains at least two items which I 

believe should be substantially modified or deleted as follows: 

1) Your proposed regulations I believe unlawfully allow construction to begin on a 

facility before the State issues a Prevention of Significant Deterioration Permit. I 

believe this is neither desirable nor lawful, and construction should not be allowed 

until after a permit application has been noticed and the final permit has 

subsequently been issued. 

2) Your proposed regulation has an invalid provision that violates the Clean Air 

Act's SIP (that South Dakota has adopted) amendment procedure as well as the 

South Dakota Administrative Procedure Act notice and comment requirements. 

The rules as adopted cannot later be amended, repealed, or suspended without 

further public comment. 

In summary, I compliment the State in its efforts to combat global warming, but think 

that the above two items need to be properly modified and/or deleted in accordance with 

our comments. 

Sincerely, 
2.07.11 

Mr. Kyrik Rombaugh 

South Dakota Department of Environment and Natural Resources 

523 East Capitol, Joe Foss Building 

Pierre, South Dakota 

RECEIVED 

FEB 1 t 2011 

AIR QUALITY 

PROGRAM 

Re: Comments on Proposed revisions to the Air Pollution Control Program Regulations 

State of South Dakota 

Dear Mr. Rombough, 

In response to your recent public notice relative to DENR' s proposed greenhouse gas 

pollution control rules, we would like to indicate our general support for the intent to 

implement such rules as proposed by the EPA. 

We would note, however, that your specific proposal contains at least two items which 

we believe should be substantially modified or deleted as follows: 

1. Your proposed regulations we believe unlawfully allow construction to begin on a 

facility before the State issues a Prevention of Significant Deterioration Permit. 

We believe this is neither desirable nor lawful, and construction should not be 

allowed until after a permit application has been noticed and the final permit has 

subsequently been issued. 

2. Your proposed regulation has an invalid provision that violates the Clean Air 

Act's SIP (that South Dakota has adopted) amendment procedure as well as the 

South Dakota Administrative Procedure Act notice and comment requirements. 

The rules as adopted cannot later be amended, repealed, or suspended without 

further public comment. 

In summary, we compliment the State in its efforts to combat global warming, but think 

that the above two items need to be properly modified and/or deleted in accordance with 

our comments. 

Sincerely, 

_tB~~ 

~~-.. 

:3/7/3 J.J1S~ 

rf4 .JP .u-J-/ __d? {)' s 71!J 2 s-· 
FebruaJ'y 10, 2011 

Mr. Kyrik Rombough 

South Dakota Department ofEnvironment and Natural Resources 

523 East Capito~ Joe Foss Building 

Pierre, South Dakota 57501 

RECEIVED 

FEB 11 2011 

AIR QUALITY 

PROGRAM 

Re: Comments on Proposed revisions to the Air Pollution Control Program Regulations 

State of South Dakota 

Dear Mr. Rombough, 

In response to your recent public notice relative to DENR's proposed greenhouse gas 

pollution control rules, we would like to indicate our general support for the intent to 

implement such rules as proposed by the EPA. 

We would note, however, that your specific proposal contains at least two items which 

we believe should be substantially modified or deleted as follows: 

1. Your proposed regulations we believe unlawfully allow construction to begin 

on a facility before the State issues a Prevention of Significant Deterioration 

Permit. We believe this is neither desirable nor lawful, and construction 

should not be allowed until after a permit application has been noticed and the 

fmal permit has subsequently been issued. 

2. Your proposed regulation has an invalid provision that violates the Clean Air 

Act's SIP (that South Dakota has adopted) amendment procedure as well as 

the South Dakota Administrative Procedure Act notice and comment 

requirements. The rules as adopted cannot later be amended, repealed, or 

suspended without further public comment. 

In summary, we compliment the State in its efforts to combat global warming, but think 

that the above two items need to be properly modified and/or deleted in accordance with 

our comments. 

Sincerely, 

i ; ; i ~ j ' ' ,_: : i ' ' ' . . ' . 

;_ j _: ; ; ' : ~ ~ ' .• 

. .. ' ; -. ·._:: .· . . ; \ ~ ' ,--.·' ; 
February 10, 2011 

Mr. Kyrik Rombough 

South Dakota Department of Environment and Natural Resources 

523 East Capitol, Joe Foss Building 

Pierre, South Dakota 57501 

RECEIVED 

FEB 11 2011 

AIR QUALITY 

PROGRAM 

Re: Comments on Proposed revisions to the Air Pollution Control Program Regulations 

State of South Dakota 

Dear Mr. Rombough, 

In response to your recent public notice relative to DENR's proposed greenhouse gas 

pollution control rules, we would like to indicate our general support for the intent to 

implement such rules as proposed by the EPA. 

We would note, however, that your specific proposal contains at least two items which 

we believe should be substantially modified or deleted as follows: 

1. Your proposed regulations we believe unlawfully allow construction to begin 

on a facility before the State issues a Prevention of Significant Deterioration 

Permit. We believe this is neither desirable nor lawful, and construction 

should not be allowed until after a permit application has been noticed and the 

fmal permit has subsequently been issued. 

2. Your proposed regulation has an invalid provision that violates the Clean Air 

Act's SIP (that South Dakota has adopted) amendment procedure as well as 

the South Dakota Administrative Procedure Act notice and comment 

requirements. The rules as adopted cannot later be amended, repealed, or 

suspended without further public comment. 

In summary, we compliment the State in its efforts to combat global warming, but think 

that the above two items need to be properly modified and/or deleted in accordance with 

our comments. 

Sincerely, 

/2~t1,(/~ 

• : > ~ 

/.' .' ". '·''· 

'- ·,!-< . ·.;: 

•,-,,-, 
Message 

Rombough, Kyrik 

From: Gustafson, Brian 

Sent: Monday, February 07, 2011 8:15AM 

To: Rombough, Kyrik 

Subject: FW: Allen: Brian Gustafson AIR QUAIL TY 

fyi 

-----Original Message-----

From: Smith, Kim 

Sent: Monday, February 07, 2011 7:45 AM 

To: Gustafson, Brian 

Cc: Tollefsrud, Tim; Duvall, Ron 

Subject: FW: Atten: Brian Gustafson AIR QUAILTY 

To your attention, Brian. 

-----Original Message-----

From: Nicholas Koster [mailto:nmkoster@gmail.com] 

Sent: Sunday, February 06, 2011 8:24AM 

To: DENRINTERNETINFORMATION 

Subject: Atten: Brian Gustafson AIR QUAILTY 

To Whom it may concern: 

Why would we loosen air quality standards for Hyperion? 

Count me among the many who think that this is an unacceptable suggestion. 

All oil refining is dirty. Greed is the only thing greasing the wheels here. Jobs aren't a good 

thing if they come at the sacrifice of slowly poisoning our land and children. 

Nicholas Koster, 

46718 315th St. 

Vermillion, SD 

57069 

02/14/2011 

Page I of I 
Rombough, Kyrik 

A>m· Gustafson, Brian 

.nt: 

To: 

Monday, February 14, 2011 8:28AM 

Rombough, Kyrik 

Subject: FW: Comment for 2/17111 BME Public Hearing: OPPOSE changes to article 74:36 

-----Original Message-----

From: Smith, Kim 

Sent: Monday, February 14, 2011 7:23AM 

Tu; Gu~Lctf~ori, Brian 

Cc: Duvall, Ron 

Subject: FW: Comment for 2/17/11 BME Public Hearing: OPPOSE changes to article 74:36 

For you, Brian. 

-----Original Message-----

From: Bruce Gray [mailto:cbrucegray@yahoo.com] 

Sent: Sunday, February 13, 2011 11:53 AM 

To: DENR INTERNET INFORMATION 

Subject: Comment for 2/17/11 BME Public Hearing: OPPOSE changes to article 74:36 

I urge the BME to OPPOSE the proposed amendments to ARSD 74:36:01 - Definitions, ARSD 

74:36:09- Prevention of Significant Deterioration, and ARSD 74:36:20- Construction 

Permits for New Sources or Modifications 

eank you. 

Bruce Gray 

222 North Yale 

Vermillion, SD 57069 

1 
Message Page 1 of 1 

- Rombough, Kyrik ..• -· .•. .•. .... . .....••...•............. ············-·--·· .•. ----·-·---·-········-···-·-····-· ·······-···--·· -·-···· ·-·-·-·---·--

- From: Gustafson, Brian 

Sent: Monday, February 14, 2011 8:27AM 

To: Rombough, Kyrik 

Subject: FW: Please include this in letters opposing Hyperion for hearing Feb 17, 2011 

-----Original Message-----

From: Smith, Kim 

Sent: Monday, February 14, 2011 7:22AM 

To: Gustafson, Brian 

Cc: Duvall, Ron 

Subject: FW: Please include this in letters opposing Hyperion for hearing Feb 17, 2011 

If not for you, Brian, let me know. 

-----Original Message-----

From: Cindy [mailto:cinchy2222@yahoo.com] 

Sent: Sunday, February 13, 2011 12:32 PM 

To: DENR INTERNET INFORMATION 

Subject: Please include this in letters opposing Hyperion for hearing Feb 17, 2011 

I urge the BME to OPPOSE the proposed amendments to ARSD 74:36:01 -Definitions, ARSD 74:36:09 

-Prevention of Significant Deterioration, and ARSD 74:36:20- Construction Permits for New Sources or 

Modifications 

A Thankyou. W CindyGehm 

My address is: 

804 Canby Street 

Vermillion, South Dakota 57069 

ph.# 605 624-6769 

02/14/2011 
2.07.11 

Mr. Kyrik Rombaugh 

South Dakota Department of Environment and Natural Resources 

523 East Capitol, Joe Foss Building 

Pierre, South Dakota 

RECEIVED 

FEB 14 2011 

AIR QUALITY 

PROGRAM 

Re: Comments on Proposed revisions to the Air Pollution Control Program Regulations 

State of South Dakota 

Dear Mr. Rombough, 

In response to your recent public notice relative to DENR' s proposed greenhouse gas 

pollution control rules, we would like to indicate our general support for the intent to 

implement such rules as proposed by the EPA. 

We would note, however, that your specific proposal contains at least two items which 

we believe should be substantially modified or deleted as follows: 

1. Your proposed regulations we believe unlawfully allow construction to begin on a 

facility before the State issues a Prevention of Significant Deterioration Permit. 

We believe this is neither desirable nor lawful, and construction should not be 

allowed until after a permit application has been noticed and the final permit has 

subsequently been issued. 

2. Your proposed regulation has an invalid provision that violates the Clean Air 

Act's SIP (that South Dakota has adopted) amendment procedure as well as the 

South Dakota Administrative Procedure Act notice and comment requirements. 

The rules as adopted cannot later be amended, repealed, or suspended without 

further public comment. 

In summary, we compliment the State in its efforts to combat global warming, but think 

that the above two items need to be properly modified and/or deleted in accordance with 

our comments. 
Rombough, Kyrik 

From: 

Sent: 

To: 

James Hoefelmeyer Udhoefelmeyer@gmail.com] 

Tuesday, February 15, 2011 9:52AM 

DENR INTERNET INFORMATION; Rombough, Kyrik 

Subject: Public comment: Proposed amendments to 74:36:20:02 

Kyrik Rombough, Natural Resources Engineering Director 

South Dakota Department of Environment and Natural Resources 

523 East Capitol, Joe Foss Building 

Pierre, South Dakota 57501 

Mr. Rombough: 

Page 1 of 1 

It has recently come to my attention that DENR proposes revisions to 74:36:20:02. The proposed new 

language would allow construction to begin before the permit were issued. I would like to encourage DENR 

not to adopt the proposed language. 

The process of acquiring permits allows public oversight of major projects that present significant impacts. 

In our model of representative government, offices such as DENR must act to in a way that concerns from 

the public are addressed. 

In any project there are likely to be multiple viewpoints, and it is the consideration of all of these that 

ultimately leads to the best solution. Here, for example, there are interests that wish to initiate projects in a 

shorter timeline; however, the process of permit acquisition would be bypassed at the expense of incomplete 

consideration of all public interests. The public interest should be fully collected and addressed, not 

bypassed in the interests of benefiting a few projects. Thus, it seems that the proposed amendments to 

74:36:20:02 present a loophole in the permit process that reduces the opportunity for the public to work with 

government; thereby greatly weakening the democratic process. e For this reason, I strongly encourage DENR to not adopt the proposed changes to 74:36:20:02. Please 

consider this. 

Respectfully, 

James Hoefelmeyer 

02/16/2011 
February 13, 2011 

Kyrik Rombough 

Natural Resources Engineering Director 

Gloria E. Kribell 

506 Anderson Street 

Alcester, SD 57001 

605-934-2991 

SD Department of Environment & Natural Resources 

523 East Capital, Joe Foss Building 

Pierre, SD 57501 

Dear Sir(s): 

RECEIVED 

FEB 1 6 2011 

AIR QUALITY 

PROGRAM 

As a resident of Union County, I am very concerned about the pollution from the proposed refinery if it 

should become a reality. Our farm was homesteaded in 1880, and is located 10 miles north of the 

proposed site which is why I have a sincere interest in the devastating effect this project will have on the 

health and well-being of our community. 

I request that the South Dakota adopt the EPA (clean air) revisions and all other regulations associated 

with greenhouse gasses. 

After reading the numerous articles regarding the health deterioration of the residents in the Cancer Belt in 

southern Texas, I had very little confidence in the EPA's ability of regulate refinery emissions. But when 

reading the EPA critical comments of the SD DENR' s draft air quality permit, I have even less confidence 

in the DENR proposed emission standards and the protection that the state will give to the residents. 

To illustrate the DENR's attitude toward putting Union County residents in danger, I submit the following 

comments from the EPA's 23 pages of critical comments. 

First the EPA comments on the missing information on uncontrolled emission. I quote "The 

uncontrolled emission information should be included in the DENR's analysis." "These estimates 

need to be documented and provided to the EPA and the public for review." 

Regarding the tar sands oil: (The) "EPA could not find any discussion of the design crude characteristics." 

"EPA requests that, at a minimum, this discussion include sulfur content, hydrogen/carbon (H/C) 

ratio, and metals in the refmery's representative crude." 

Regarding higher emissions during startups, shutdowns, and malfunctions: It is generally accepted that 

emissions during these times can be substantially higher than during normal operation. The EPA states 

"these (limits) are the least stringent we have seen, and thus are unacceptable to the EPA." "The 

DENR needs to require the BACT limit at all times or establish a separate BACT limit for startups, 

shutdowns, and malfunctions, and must require monitoring and record keeping to demonstrate compliance 

during these explicit time periods." 

Regarding soils and vegetation: I quote the EPA, "Based on the fact that the land use in the vicinity of the 

proposed project site if predominantly agricultural, the analysis is focused on assessing impacts to 

agricultural crops grown near the proposed project is subjective and without supporting information." 

This to me shows little to no concern for our corps and livelihood. 
DENRPage2. 

Regarding "director's discretion" and related concerns: The EPA states "This type of language is NOT 

appropriate for permits as this language is a form of 'director's discretion" that would allow the 

STATE to unilaterally change permit provisions without benefit of the EPA review or public 

comment." This statement is very frightening! 

These statements were taken verbatim from the EPA comments, and as I have stated previously, there are 

23 pages of criticisms including comments on flares, fugitive emissions, and all other facets of the 

operation. These comments raise very serious concerns for the residents of Union County and the 

surrounding area. I feel our health and well-being are NOT being held in high regard. Many times 

repeated comments like "the DENR's cost data is inadequate as presented"( so the EPA cannot come 

to a conclusion), and "limits are the least stringent we have seen and thus unacceptable to the EPA" 

definitely do NOT instill a feeling of confidence and security! 

A couple of years ago the Plains Justice, National Park Service, Jenner & Block Law Firm, and the public 

submitted very serious concerns in writing to the DENR to which the DENR replied to almost every 

comment as follows: "DENR does not recommend any changes to the draft PSD air quality permit 

as a result of this comment." Theses very knowledgeable people were not given serious consideration, 

and no changes were made at that time. Again, I feel the SD DENR is trying to get by with the least 

stringent restriction on emission possible! 

Health concerns from the emissions are breathing and lung disorders, adult cancers and rare childhood 

cancers, neurological and reproductive problems, heart problems, and many more health issues are 

associated with the pollution from a refinery. This is why we residents of southeastern South Dakota are 

requesting the most protection from our state that is possible to be attained. 

Please adopt and enforce the new EPA clean air standards. Whatever can be accomplished insure that the 

air and environment are safe will be appreciated by the residents of southeastern South Dakota. 

Sincerely, 

) /r'1{ ;._ z, ;f.( ·~u Gloria E. Kribell 
·' 

2.07.11 

Mr. Kyrik Rombaugh 

South Dakota Department of Environment and Natural Resources 

523 East Capitol, Joe Foss Building 

Pierre, South Dakota 

RECEIVED 

FEB 1 6 2011 

AIR QU,\U 1 ·, 

PROGRAM 

Re: Comments on Proposed revisions to the Air Pollution Control Program Regulations 

State of South Dakota 

Dear Mr. Rombough, 

In response to your recent public notice relative to DENR's proposed greenhouse gas 

pollution control rules, we would like to indicate our general support for the intent to 

implement such rules as proposed by the EPA. 

We would note, however, that your specific proposal contains at least two items which 

we believe should be substantially modified or deleted as follows: 

1. Your proposed regulations we believe unlawfully allow construction to begin on 

a facility before the State issues a Prevention of Significant Deterioration Permit. 

We believe this is neither desirable nor lawful, and construction should not be 

allowed until after a permit application has been noticed and the fmal permit has 

subsequently been issued. 

2. Your proposed regulation has an invalid provision that violates the Clean Air 

Act's SIP (that South Dakota has adopted) amendment procedure as well as the 

South Dakota Administrative Procedure Act notice and comment requirements. 

The rules as adopted cannot later be amended, repealed, or suspended without 

further public comment. 

In summary, we compliment the State in its efforts to combat global warming, but think 

that the above two items need to be properly modified and/or deleted in accordance with 

our comments. 

Sincerely, 

~JJ~ 

4~~d1(_/ 
Kyrik Rombough, Natural Resources Director 

SdDeptofDENR 

523 East Capitol, Joe Foss Building 

Pierre, South Dakota 57501 

Dear Mr. Rombaugh, 

RECEIVED 

FEB 16 201! 

AIR QUALITY 

PROGRAM 

It has come to my attention that the DENR of SD is considering proposals to 

the Green house gas tailoring rule that would be detrimental to those of us 

that are citizens of South Dakota. One of the things that makes South 

Dakota a desirable place to live is due to the fact that SD has some of the 

cleanest air to breathe. It is my understanding that the job of SD DENR is 

to protect the citizens of this state from environmental damages that could 

occur to our natural resources. Please do not make any changes that would 

jeopardize this great treasure that our state now has. By changing rules so 

that they are more lax, you would be doing a great disservice to this state 

and the people that live here. 

I would also have to question your considering the change that construction 

could begin on projects that could possibly have detrimental effects on the 

people of this state and the state itself before all permits have been granted. 

By allowing construction to begin beforehand would make it appear that 

decisions concerning these projects and already been decided and the 

permitting itself means nothing. 

We the people of South Dakota should never have to fear that those of you 

working for us would work against us. Please delete these two provisions 

from the proposed GHG rules. 

Sincerely 

Carolyn 

~+-~ Harkness 

47578 316th St 

Elk Point SD 57025 
RECEIVED 

FEB 16 2011 

AIR QUALITY 

PROGRAM 
Message 

~ 

Rombough, Kyrik ~--------·------------------------···--

-From: Smith, Kim 

Sent: Wednesday, February 16, 2011 10:04 AM 

To: Gustafson, Brian; Rombough, Kyrik 

Cc: Duvall, Ron 

Subject: FW: Proposed GHG rules 

Comment letter. 

-----Original Message-----

From: Ed Cable [mailto:jake4mail@speednet.com] 

Sent: Wednesday, February 16, 2011 9:59AM 

To: DENR INTERNET INFORMATION 

Subject: Proposed GHG rules 

Kyrik, Attached please find my letter of comments. 

Ed 

02/16/2011 

Page '1 of 1 
2.15.11 

Mr. Kyrik Rombaugh 

South Dakota Department of Environment and Natural Resources 

523 East Capitol, Joe Foss Building 

Pierre, South Dakota 

Re: Comments on Proposed revisions to the Air Pollution Control Program Regulations 

State of South Dakota 

Dear Mr. Rombough, 

In response to your recent public notice relative to DENR's proposed greenhouse gas 

pollution control rules, we would like to indicate our general support for the intent to 

implement such rules as proposed by the EPA. We very much echo your apparent 

concerns about protecting the environment as well as the residents of South Dakota. 

We would note, however, that your specific proposal contains at least two items which 

we believe should be substantially modified or deleted as follows: 

1. Your proposed regulations we believe unlawfully allow construction to begin on a 

facility before the State issues a Prevention of Significant Deterioration Permit. 

We believe this is neither desirable nor lawful, and construction should not be 

allowed until after a permit application has been noticed and the final permit has 

subsequently been issued. While we acknowledge that this proposed regulation 

applies only to some facilities, we believe it should not be allowed any projects, 

regardless of their size until the proper design has been approved. 

2. Your proposed regulation bas an invalid provision that violates the Clean Air 

Act's SIP (that South Dakota has adopted) amendment procedure as well as the 

South Dakota Administrative Procednre Act notice and comment requirements. 

The rules as adopted cannot later be amended, repealed, or suspended without 

further public comment. No other State has even suggested such a clause and it 

clearly would not stand up to a subsequent legal challenge. 

In summary, we compliment the State in its efforts to combat global warming, but think 

that the above two items need to be properly modified and/or deleted in accordance with 

our comments. 

Sincerely, 
1 
2 
June 3, 2010- Tailoring Rule 

PSD and Title V permits are required for all sources that 

emit a regulated pollutant above 100 or 250 tons per 

year, depending on the source. 

If the 100 or 250 tons per year threshold applied to 

greenhouse gases, this would greatly increase the 

number of facilities requiring PSD or Title V permits. 

EPA proposes to increase the greenhouse permitting 

thresholds to 75,000 and 100,000 tons per year, 

depending on the source. 

South Dakota is appealing these regulations. 

3 
2011 US Congress Proposals Continued 

January 2011, Senator Barrasso introduced legislation, S. 228 

which would preempt regulation of greenhouse gases. SD 

Senator John Thune is a Co-Sponsor. 

January 2011, Senator Rockefeller introduced legislation, S. 

231, which would codify a two year delay in EPA regulation of 

greenhouse gases. SD Senator Tim Johnson is a Co-Sponsor. 

January 2011, Representative Blackburn introduced legislation 

H.R. 97, which would amend the Clean Air Act to state that 

greenhouse gases are not regulated by the Clean Air Act. 

January 2011, Representative Capito introduced legislation 

H.R. 199, which would codify a two year delay in EPA 

regulation of greenhouse gases. 

4 
. . .. 

,., . '.· .. . . . . 

5 
6 
Minutes of the 

Board of Minerals and Environment Meeting 

Matthew Environmental Education and Training Center 

523 East Capitol A venue 

Pierre, South Dakota 

February 1'7, 2011 

1 :25 p.m. CST 

CALL TO ORDER AND ROLL CALL: The meeting was called to order by Chairman 

Richard C. Sweetman. Secretary Linda Hilde noted that a quorum was present. 

BOARD MEMBERS PRESENT: Richard Sweetman, Lee McCahren, Linda Hilde, Tim 

Johns, Dennis Landguth, Glenn Blumhardt, Bob Duxbury, and Pete Bullene. 

BOARD MEMBERS ABSENT: Chuck Monson. 

OTHERS PRESENT: See attached attendance sheet. 

PUBLIC HEARING TO CONSIDER PROPOSED AMENDMENTS TO ARSD 74:36:01, 

ARSD 74:36:09, AND ARSD 74:36:26: Chairman Sweetman opened the hearing at 3:05p.m. 

CST. 

The purpose of the hearing was to consider the proposed amendments to article 74:36 by revising 

chapter 74:36:01 - De:finitions, 74:36:09- Prevention of Significant Deterioration, and 74:36:20 

-Construction Permits for New Sources or Modifications. 

Kyrik Rombough, DENR Air Quality Program, reported that in October 2010, prior to public 

notice of the hearing, the green house gas rules were sent to approximately 150 individuals, 

groups, industry, and organizations. At that time, comments were submitted by EPA with 

questions on the proposed rules. The department worked with EPA to resolve those questions, 

and changes were incorporated into the proposed rules. 

In December 2010, prior to public notice of the hearing, the construction permit rules were sent 

to EPA for comment. Staff worked with EPA regarding their comments and made changes as 

necessary. 

Mr. Rombough stated that notice of the public hearing was published .on January 25, 2011, in 

eleven daily newspapers. Affidavits of Publication are on file at DENR; 

Notice of the hearing was sent to the Legislative Research Council (LRC), the Bureau of Finance 

and Management, and approximately 230 interested parties, which includes environmental 

groups, industry and other interested parties. 
Board of Minerals and Environment 

February 17,2011, Minutes 

The LRC approved the rules for legality, style and form. 

' 

Following the notice of the public hearing, written comments were submitted by LRC, Kristen 

Henry (attorney for the Sierra Club), Vern Timmerman, Donna LaFerrier, Deanna Langle, 

Barbara Anderson, Burdette and Gladys Hanson, Elaine Hanson, Gerald Hanson, Adrian and 

Carolyn Hanson, Nicholas Koster, Bruce Gray, Cindy Gehm, James Hoefelmeyer, Gloria 

Kribell, Arden and Bridget Hanson, Carolyn Harkness, Lola Prothero, and Ed Cable. 

Mr. Rombough noted that one of the comment letters was against adopting EPA rules. 

Some of the comments Were generally supportive of adopting green house gas rules. 

Specifically, some of the comments discussed language regarding invalidation and cessation that 

they prefer to be removed. Some of the other comments stated that the construction permit 

program applies to sources that looking for a PSD permit and some of the commenters believe 

that the changes to the construction permit program is removing the public's ability to comment 

and participate in the permitting process. 

Mr. Rombough provided a slide presentation discussing the history of the greenhouse gas 

regulations. 

Mr. Rombough then discussed the specific amendments to the rules. The following is a 

summary of the proposed amendments. · 

The Air Quality Program within the South Dakota Department of Environment and Natural 

Resources (DENR) implements federal air quality programs to maintain the air quality in South 

Dakota in attainment with the federal National Ambient Air Quality Standards and meet other · 

requirements under the federal Clean Air Act. 

ARSD 74:36:01 -Definitions and ARSD 74:36:09- Prevention of Significant Deterioration: 

The federal Environmental Protection Agency (EPA) adopted revisions to its Prevention of 

Significant Deterioration and Title V air quality permit programs referred to as the Greenhouse 

Gas Tailoring Rule. The revisions establish greenhouse gases as a regulated air pollutant and a 

greenhouse gas air emission threshold for when a business is required to obtain a Prevention of 

Significant Deterioration permit as of January 2, 2011 and/or Title V air quality permit as of july 

1, 2011. Greenhouse gases consist of carbon dioxide, nitrous oxide, methane, 

hydrofluorocarbons, perf!uorocarbons, and sulfur hexafluoride. South Dakota is appealing these 

revisions adopted by EPA and other regulations associated with greenhouse gases. 

Without waiving the State of South Dakota's rights to appeal the various greenhouse gas 

regulations that have been issu.ed by EPA, the proposed revisions would adopt EPA's 

Greenhouse Tailoring Rule. The reason for the proposed revisions is to ensure that new 

businesses and existing businesses looking to expand are permitted in an expeditious manner. 

ARSD 74:36:20- Construction Permits for New Sources or Modifications ARSD 74:36:20, 

which became effective in June 2010, is a construction permitting program. The program 

requires an applicable source to obtain a permit before a person may construct, install, modify, or 

2 
Board of Minerals and Environment 

February I 7, 20 I 1, Minutes 

operate that source. The proposed revisions to 74:36:20 will allow small businesses to start 

construction before the construction permit is issued once they have satisfied the proposed 

requirements. However, the small business is not allowed to start operation until the 

construction permit is issued, These proposed changes do not apply and would not allow large 

businesses such as Hyperion or Otter Tail Power Company to begin construction prior to 

obtaining its construction permit. 

The proposed revisions will allow small businesses the ability to account for South Dakota's 

construction season due to inclement weather and react quicker to changing markets but still 

allows DENR to protect the environment. 

Following his presentation, Mr. Rombough answered questions from the board. 

Chairman Sweetman requested public comments regarding the rules. No public comments were 

offered. 

Chairman Sweetman requested board action. 

Motion by Hilde, seconded by Bullene, to adopt ARSD 74:36:01 -Definitions, ARSD 74:36:09 

-Prevention of Significant Deterioration, and ARSD 74:36:20- Construction Permits for New 

Sources or Modifications, as presented. Motion carried. 

Chairman Sweetman closed the hearing at 3:45p.m. 

3 
ATTENDANCE SHEET 

BOARD OF MINERALS AND ENVIRONMENT MEETING 

NAME (PLEASE PRINT) 

wcation ft/l~t!J!aihii?J Cenk 

Date ~-/7~1/ 

ADDRESS REPRESENTING 

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ATTENDANCE SHEET 

BOARD OF MINERALS AND ENVIRONMENT MEETING 

Location---------'-------

Date. _______ _ 

· NAME (PLEASE PRIN'J') ADDRESS REPRESENTING 
Rombough, Kyrik 

-From: 

Sent: 

To: 

Cc: 

Rombough, Kyrik 

Thursday, March 17,2011 8:18AM 

'Angie.buhl@gmail.com' 

Rombough, Kyrik 

Subject: March 29 Interim Rules Meeting -Amend Air Pollution Control Program rules 

March 17, 2011 

The Honorable Angie Buhl 

State Senator 

Rule Revisions Fiscal Note. pdf (50 Public Public Hearing 

20110217.pdf (5... KB) >mments.pdf (873 K Minutes.pdf (16 ... Dear Senator 

Please find attached a copy of the following documents: 

Small Business 

Impact Statemen ... 

1. A copy of the revisions to the Administrative Rules of South Dakota, Article 74:36-

Air Pollution Control Program, adopted by the Board of Minerals and Environment on 

February 17, 2011; 2. A copy of the comments received during the public notice; 3. A 

copy of the minutes for the public hearing; 

4. A copy of the small business impact statement; and 

S. A copy of the fiscal note. e If you have any questions, please 

Sincerely, 

Kyrik Rombough 

Engineering Manager I 

Air Quality Program 

Attachments 

contact me at (605) 773-3151. 

1 
Rombough, Kyrik 

-From: 

Sent: 

To: 

Cc: 

Subject: 

March 17, 2011 

Rombough, Kyrik 

Thursday, March 17, 2011 8:18AM 

'peggygibson@hotmail.com' 

Rombough, Kyrik 

March 29 Interim Rules Meeting -Amend Air Pollution Control Program rules 

The Honorable Peggy Gibson 

Rule 

~ Revisions Fiscal Note. pdf (50 Public Public Hearing Small Business 

20110217.pdf (5... KB) >mments.pdf (873 K Minutes.pdf (16 ... Impact Statemen ... State Representative 

1010 Valley View Court 

Huron, South Dakota 57350-4221 

Dear Representative Gibson: 

Please find attached a copy of the following documents: 

1. A copy of the revisions to the Administrative Rules of South Dakota, Article 74:36 -

Air Pollution Control Program, adopted by the Board of Minerals and Environment on 

February 17, 2011; 2. A copy of the comments received during the public notice; 3. A 

copy of the minutes for the public hearing; e 4. A copy of the small business impact statement; and 

5. A copy of the fiscal note. 

If you have any questions, please contact me at (605) 773-3151. 

Sincerely, 

Kyrik Rombough 

Engineering Manager I 

Air Quality Program 

Attachments 
Rombough, Kyrik 

-From: 

Sent: 

To: 

Cc: 

Subject: 

March 17, 2011 

The Honorable Jean M. 

rn 

Rombough, Kyrik 

Thursday, March 17,2011 8:18AM 

'jHunhoff@Avera.org' 

Rombough, Kyrik 

March 29 Interim Rules Meeting -Amend Air Pollution Control Program rules 

Hunhoff 

Rule Revisions Fiscal Note.pdf 

~ (50 Public Public Hearing Small Business 

20110217.pdf (5... KB) Jmments.pdf (873 K Minutes.pdf (16 ... Impact Statemen ... 

State Se 

2511 Mulligan Drive 

Yankton, South Dakota 57078 

Dear Senator Hunhoff: 

Please find attached a copy of the following documents: 

1. A copy of the revisions to the Administrative Rules of South Dakota, Article 74:36-

Air Pollution Control Program, adopted by the Board of Minerals and Environment on 

February 17, 2011; 2. A copy of the comments received during the public notice; 3. A 

copy of the minutes for the public hearing; e 4. A copy of the small business impact statement; and 

5. A copy of the fiscal note. 

If you have any questions, please contact me at (605) 773-3151. 

Sincerely, 

Kyrik Rombough 

Engineering Manager I 

Air Quality Program 

Attachments 
Rombough, Kyrik 

-From: 

Sent: 

To: 

Cc: 

Rombough, Kyrik 

Thursday, March 17,2011 8:19AM 

'rst2348@gmail.com' 

Rombough, Kyrik 

Subject: March 29 Interim Rules Meeting -Amend Air Pollution Control Program rules 

March 17, 2011 

The Honorable R. Shawn Tornow 

rn rn 

Rule Revisions Fiscal Note. pdf (50 Public Public Hearing 

20110217.pdf (5... KB) >mments.pdf (873 K Minutes.pdf (16 ... State Re 

·PO Box 1988 

Sioux Falls, South Dakota 57101 

Dear Representative Tornow: 

Please find attached a copy of the following documents: 

Small Business 

Impact Statemen ... 

ntative 

1. A copy of the revisions to the Administrative Rules of South Dakota, Article 74:36 ~ 

Air Pollution Control Program, adopted by the Board of Minerals and Environment on 

February 17, 2011; 2. A copy of the comments received during the public notice; 3. A 

copy of the minutes for the public hearing; e 4. A copy of the small business impact statement; and 

5. A copy of the fiscal note. 

If you have any questions, please contact me at {605) 773-3151. 

Sincerely, 

Kyrik Rombough 

Engineering Manager I 

Air Quality Program 

Attachments 
Rombough, Kyrik 

-From: 

Sent: 

To: 

Cc: 

Rombough, Kyrik 

Thursday, March 17,2011 8:18AM 

'mvehle@mit.midco.net' 

Rombough, Kyrik 

Subject: March 29 Interim Rules Meeting -Amend Air Pollution Control Program rules 

March 17, 2011 

The Honorable Mike Vehle 

State Senator 

Rule Revisions Fiscal Note. pdf (50 Public Public Hearing 

132 N. Harmon 20110217.pdf (5... KB) >mments.pdf (873 K Minutes.pdf (16 ... 

Mitchell, South Dakota 57301 

Dear Senator Vehle: 

Please find attached a copy of the following documents: 

Small Business 

Impact Statemen ... 

e 

1. A copy of the revisions to the Administrative Rules of South Dakota, Article 74:36 -

Air Pollution Control Program, adopted by the Board of Minerals and Environment on 

February 17, 2011; 2. A copy of the comments received during the public notice; 3. A 

copy of the minutes for the public hearing; e 4. A copy of the small business impact statement; and 

5. A copy of the fiscal note. 

If you have any questions, please contact me at (605) 773-3151. 

Sincerely, 

Kyrik Rombough 

Engineering Manager I 

Air Quality Program 

Attachments 

1 
March 17, 2011 

The Honorable Peggy Gibson 

State Representative 

1010 Valley View Court 

Huron, South Dakota 57350-4221 

Dear Representative Gibson: 

Please find enclosed a copy of the following documents: 

DEPARTMENT of ENVIRONMENT 

and NATURAL RESOURCES 

PMB 2020 

JOE FOSS BUJLIJING 

523 EAST CAPITOL 

PIERRE, SOUTH DAKOTA 57501-3182 

www.state.sd.us/denr 

I. A copy of the revisions to the Administrative Rules of South Dakota, Article 74:36- Air 

Pollution Control Program, adopted by the Board of Minerals and Environment on February 

17, 2011; 

2. A copy of the comments received during the public notice; 

3. A copy of the minutes for the public hearing; 

4. A copy of the small business impact statement; and 

5. A copy of the fiscal note. 

If you have any questions, please contact me at (605) 773-3151. 

Sincerely, 

~ Kyrik Rombough 

Engineering Manager I 

Air Quality Program 

Enclosures 
March 17,2011 

The Honorable Roger W. Hunt 

State Representative 

PO Box 827 

Brandon, South Dakota 57005-0827 

Dear Representative Hunt: 

Please find enclosed a copy of the following documents: 

DEPARTMENT of ENVIRONMENT 

and NATURAL RESOURCES 

PMB 2020 

JOE FOSS BUILDING 

523 EAST CAPITOL 

PIERRE, SOUTH DAKOTA 57501·3182 

www.state.sd.us/denr 

I. A copy of the revisions to the Administrative Rules of South Dakota, Article 74:36- Air 

Pollution Control Program, adopted by the Board of Minerals and Environment on February 

17, 2011; 

2. A copy of the comments received during the public notice; 

3. A copy of the minutes for the public hearing; 

4. A copy of the small business impact statement; and 

5. A copy of the fiscal note. 

If you have any questions, please contact me at (605) 773-3151. 

Sincerely, 

CJ;itiL 

Kyrik Rombough 

Engineering Manager I 

Air Quality Program 

Enclosures 
March 17,2011 

The Honorable R. Shawn Tornow 

State Representative 

PO Box 1988 

Sioux Falls, South Dakota 57101 

Dear Representative Tornow: 

Please find enclosed a copy of the following documents: 

DEPARTMENT of ENVIRONMENT 

and NATURAL RESOURCES 

PMB 2020 

JOE FOSS BUILDING 

523 EAST CAPITOL 

PIERRE, SOUTH DAKOTA 57501-3182 

www.state.sd.us/denr 

I. A copy of the revisions to the Administrative Rules of South Dakota, Article 74:36- Air 

Pollution Control Program, adopted by the Board of Minerals and Environment on February 

17,2011; 

2. A copy of the comments received during the public notice; 

3. A copy of the minutes for the public hearing; 

4. A copy of the small business impact statement; and 

5. A copy of the fiscal note. 

If you have any questions, please contact me at (605) 773-3151. 

Sincerely, 

t;li!.¢ 

Kyrik Rombough 

Engineering Manager I 

Air Quality Program 

Enclosures 
March 17,2011 

The Honorable Jean M. Hunhoff 

State Senator 

2511 Mulligan Drive 

Yankton, South Dakota 57078 

Dear Senator Hunhoff: 

Please find enclosed a copy of the following documents: 

DEPARTMENT of ENVIRONMENT 

and NATURAL RESOURCES 

PMB 2020 

JOE FOSS BUILDING 

523 EAST CAPITOL 

PIERRE, SOUTH DAKOTA 57501·3182 

www.state.sd.us/denr 

I. A copy of the revisions to the Administrative Rules of South Dakota, Article 74:36- Air 

Pollution Control Program, adopted by the Board of Minerals and Environment on February 

17,2011; 

2. A copy of the comments received during the public notice; 

3. A copy of the minutes for the public hearing; 

4. A copy of the small business impact statement; and 

5. A copy of the fiscal note. 

If you have any questions, please contact me at (605) 773-3151. 

Sincerely, 

~12# Kyrik Rombough 

Engineering Manager I 

Air Quality Program 

Enclosures 
March 17,2011 

The Honorable Mike V ehle 

State Senator 

132 N. Harmon Drive 

Mitchell, South Dakota 57301 

Dear Senator Yehle: 

Please find enclosed a copy of the following documents: 

DEPARTMENT of ENVIRONMENT 

and NATURAL RESOURCES 

PMB 2020 

JOE FOSS BUILDING 

523 EAST CAPITOL 

PIERRE, SOUTH DAKOTA 57501·3182 

www.state.sd.us/denr 

I. A copy of the revisions to the Administrative Rules of South Dakota, Article 74:36- Air 

Pollution Control Program, adopted by the Board of Minerals and Environment on February 

17, 2011; 

2. A copy ofthe comments received during the public notice; 

3. A copy of the minutes for the public hearing; 

4. A copy of the small business impact statement; and 

5. A copy of the fiscal note. 

If you have any questions, please contact me at (605) 773-3151. 

~127 Kyrik Rombough 

Engineering Manager I 

Air Quality Program 

Enclosures 
Chapter 

74:36:01 

74:36:02 

74:36:03 

74:36:04 

74:36:05 

74:36:06 

74:36:07 

74:36:08 

74:36:09 

74:36:10 

74:36:11 

74:36:12 

74:36:13 

74:36:14 

74:36:15 

74:36:16 

74:36:17 

ARTICLE 74:36 

AIR POLLUTION CONTROL PROGRAM 

Definitions. 

Ambient air quality. 

Air quality episodes. 

Operating permits for minor sources. 

Operating permits for Part 70 sources. 

Regulated air pollutant emissions. 

New source performance standards. 

National emission standards for hazardous air pollutants. 

Prevention of significant deterioration. 

New source review. 

Performance testing. 

Control of visible emissions. 

Continuous emission monitoring systems. 

Variances, Repealed. 

Open burning, Transferred or Repealed. 

Acid rain program. 

Rapid City street sanding and deicing. 

I 
74:36:18 

74:36:19 

74:36:20 

Regulations for state facilities in the Rapid City area. 

Mercury budget trading program, Repealed. 

Construction permits for new sources or modifications. 

CHAPTER 74:36:01 

DEFINITIONS 

Section 

74:36:01:01 Definitions. 

74:36:01:02 Repealed. 

74:36:01:03 Administrative permit amendment defined. 

74:36:01:04 Affected states defined. 

74:36:01:05 Applicable requirements of the Clean Air Act defined. 

74:36:01:06 Complete application defined. 

74:36:01:07 Repealed. 

74:36:01:08 Major source defined. 

74:36:01:09 Categories of sources defined. 

74:36:01:10 Modification defined. 

74:36:01:11 National ambient air quality standard (NAAQS). 

74:36:01:12 Potential to emit defined. 

2 
74:36:01:13 

74:36:01:14 

74:36:01:15 

74:36:01:16 

74:36:01:17 

74:36:01:18 

74:36:01:19 

74:36:01:20 

74:36:01:21 

Process weight rate defined. 

Repealed. 

Regulated air pollutant defined. 

Responsible official defined. 

Repealed. 

Municipal solid waste landfill defined. 

Existing municipal solid waste landfill defined. 

Physical change in or change in the method of operation defined. 

Commenced construction defined. 

74:36:01:01. Defmitions. Unless otherwise specified, the terms used in this article mean: 

(1) "Act," chapter 34A-1 of the South Dakota Codified Laws; 

(2) "Acid rain permit," a legally binding written document or portion of a document that is 

issued by the department and specifies the acid rain program requirements applicable to an 

affected source and to the owners and operators and the designated representative of the affected 

source; 

(3) "Acid rain program," the national sulfur dioxide and nitrogen oxides air pollution 

control and emissions reduction program established in accordance with Title IV of the Clean 

Air Act; 

3 
(4) "Administrator," the administrator of the Enviromnental Protection Agency or the 

secretary or their authorized representatives; 

(5) "Affected source," a source that includes one or more affected units under Title IV of 

the Clean Air Act; 

(6) "Affected unit," a unit that is subject to any of the emission reduction requirements or 

emission limits pursuant to Title IV of the Clean Air Act or chapter 74:36:16; 

(7) "Air pollutant," one or a combination of the regulated mr pollutants listed in 

§ 74:36:01:15; 

(8) "Allowable emissions," the emission rate calculated using the maximum rated capacity 

of a source unless the source is subject to federally enforceable limits which restrict operating 

rate, hours of operation, or both, and the most stringent of the following: 

(a) The applicable new source performance standards in chapter 74:36:07; 

(b) The applicable national emission standards in chapter 74:36:08; 

(c) Any applicable emission limitations specified in this article, including those with a 

future compliance date; 

(d) The emission rate specified as a permit condition; or 

(e) The applicable standards in 40 C.F.R. Part 60, 61, or 63 (July I, 2009); 

4 
(9) "Ambient air," that portion of the atmosphere external to buildings to which the 

general public has access; 

(!0) "ASTM," the American Society for Testing and Materials; 

(11) "Board," the Board of Minerals and Environment; 

(!2) "Btu," British thermal unit; 

(13) "CO," carbon monoxide; 

(14) "Chairman," chairman of the board; 

(15) "Clean Air Act," the Clean Air Act, 42 U.S.C. 7401 et seq., as amended through 

January 1, 2010; 

(16) "Clean Air Act Amendments," the amendments to the Clean Air Act enacted in Pub. 

L. No. 101-549, November 15, 1990; 

(17) "Control equipment," a device which prevents or reduces emissions; 

5 
(18) "Criteria pollutant," selected and specified pollutants for which limiting ambient air 

quality standards have been set, including sulfur dioxides, particulate matter, carbon monoxide, 

ozone, nitrogen oxides, and lead; 

(19) "Department," the South Dakota Department of Environment and Natural Resources; 

(20) "Designated representative," the responsible person or official authorized by the 

owner or operator of an affected unit, in accordance with the Clean Air Act, to represent the 

owner or operator in matters pertaining to the holding, transfer, or disposition of allowances 

allocated to the unit and the submission of and compliance with permits, permit applications, and 

compliance plans for the unit; 

(21) "Draft permit," the versiOn of a permit for which the department offers public 

participation or affected state review; 

(22) "Emissions allowable under the permit," a federally enforceable permit term or 

condition determined at issuance to be required by an applicable requirement that establishes an 

emissions limit, including work practice standards, or a federally enforceable emissions cap that 

the source has assumed to avoid an applicable requirement to which the source would otherwise 

be subject; 

(23) "Emission standard," the maximum amount of a pollutant legally permitted to be 

discharged from a single unit; 

6 
(24) "Emission unit," "Unit," any part or activity of a stationary source which emits or has 

the potential to emit a regulated air pollutant or any pollutant listed under section 112(b) of the 

Clean Air Act; 

(25) "EPA," the Environmental Protection Agency; 

(26) "Equivalent method," any method of sampling and analysis for an air pollutant which 

has a consistent and quantitatively known relationship to the reference method under specified 

conditions; 

(27) "Existing source," a source that has an approved state-issued variance or permit; 

(28) "Facility," a building, structure, or installation of pollutant-emitting activities which 

belong to the same industrial grouping, located on one or more contiguous or adjacent properties 

and under the control of the same person or of persons under common control, except the 

activities of a water-borne vessel. Pollutant-emitting activities are part of the same industrial 

grouping if they belong to the same major group, i.e., have the same two-digit code, as described 

·in the Standard Industrial Classification Manual, 1987; 

(29) "Federally enforceable," all limits and conditions that are enforceable by the 

administrator of EPA pursuant to federal law. These limits and conditions include those 

requirements developed pursuant to this article, those appearing in 40 C.P.R. §§ 60 and 61 (July 

7 
1, 2009), requirements within the state implementation plan, and permit requirements established 

pursuant to this article or 40 C.F.R. §51 Subpart I (July 1, 2009). The use of this term does not 

impede the department's authority under state law to enforce these limits and conditions; 

(30) "Final permit" the version of an operating permit issued by the permitting authority 

for a source that has completed all required review procedures; 

(31) "Fuel-burning unit," a furnace, boiler, apparatus, stack, or any of their components 

used in the process of burning fuel or other combustible material for the primary purposes of 

producing heat or power by indirect heat transfer; 

(32) "Fugitive emissions," those air pollutants which could not reasonably pass through a 

stack, chiruney, vent, or other functionally equivalent opening; 

(33) "General permit," a permit issued by the board in accordance with SDCL 34A-l-56 

that may be made applicable to numerous similar sources; 

(34) "Heat input," the aggregate heat content of all fuels whose products of combustion 

pass through a stack or stacks, using the heat input value of the equipment manufacturer's or 

designer's guaranteed maximum input, whichever is greater; 

(35) "Incinerator," a furnace used to burn solid waste to reduce the volume of the waste by 

removing its combustible material; 

8 
(36) "Malfunction," any sudden and unavoidable failure of air pollution control equipment 

or process equipment or of a process to operate in a normal or usual manner, but not a failure 

caused entirely or in part by poor maintenance, careless operation, preventable equipment 

breakdown, or any other cause within the control of the owner or operator of the source; 

(37) "Minor source," a source whose potential emissions of a criteria pollutant are less 

than I 00 tons a year and which does not meet the definition of a Part 70 source; 

(38) "New source," a source that has not been constructed and does not possess a permit or 

an approved state-issued variance; 

(39) "Nonattainment area," an area that does not meet or that contributes to ambient air 

quality in a nearby area that does not meet the national primary or secondary ambient air quality 

standard for the pollutant; 

(40) "NSR," new source review; 

(41) "Opacity," the degree to which emissions reduce the transmission of light and 

obscure the view of an object in the background; 

9 
(42) "Open burning," the burning of any matter in such a manner that the products of 

combustion resulting from the burning are emitted directly into the ambient air without passage 

through a stack, duct, or chimney; 

(43) "Operating permit," a written authorization issued by the board or the secretary for 

the operation of a source; 

(44) "Owner or operator," any person who owns, leases, operates, controls, or supervises a 

source; 

(45) Repealed; 

(46) "Part 70 operating permit," any permit or group of permits covering a Part 70 source 

that is issued, renewed, amended, or revised; 

(47) "Part 70 source," any source subject to§ 74:36:05:03; 

(48) "Particulate matter," a broad class of chemically and physically diverse substances 

that exist as discrete particles, liquid droplets, or solids over a wide range of sizes; 

( 49) "Permit modification," a change to a source which operates under a minor source 

operating permit or Part 70 operating permit that meets the requirements of§ 74:36:01: I 0; 

10 
(50) "Permit revision," a revision to a minor source operating permit or Part 70 operating 

permit to incorporate a permit modification, administrative permit amendment, or minor permit 

amendment; 

(51) "Person," an individual, corporation, partnership, firm, association, trust, estate, 

public or private institution, group, agency, political subdivision or state agency or any legal 

successor, representative, agent, or agency of the foregoing; 

(52) "PM!O," particulate matter with an aerodynamic diameter less than or equal to a 

nominal ten micrometers as measured by an applicable reference or equivalent method; 

(53) "Proposed Part 70 operating permit," a permit that the department has forwarded to 

EPA for review after the closure of the public notice period and after considering any public 

comments, including those from affected states; 

(54) "PSD," prevention of significant deterioration; 

(55) Repealed; 

(56) "Salvage operation," an operation conducted in whole or in part for the reclaiming of 

product or material; 

11 
(57) "Secretary," the secretary of the South Dakota Department of Environment and 

Natural Resources or an authorized representative; 

(58) "Shutdown," the cessation of operation of any control equipment, process equipment, 

or process for any purposes; 

(59) "Smoke," small gas-borne particles resulting from incomplete combustion, consisting 

predominantly, but not exclusively, of carbon, ash, and other combustible material, that form a 

visible plume in the air; 

(60) "Source," a facility that emits or may emit any air pollutant regulated under the Clean 

Air Act; 

(61) "Start-up," the setting into operation of any control equipment, process equipment, or 

process for any purpose; 

(62) "Title I," Title I of the Clean Air Act Amendments, provisions for attainment and 

maintenance of national ambient air quality standards; 

(63) "Title IV," Title IV of the Clean Air Act Amendments, acid deposition control; 

(64) "Title V," Title V of the Clean Air Act Amendments, permits; 

12 
( 65) "Title VI," Title VI of the Clean Air Act Amendments, stratospheric ozone 

protection; 

( 66) "Variance," a written authorization issued by the board to operate a minor source in 

an attaimnent area that is not in compliance with certain portions of the Act; 

(67) "VOC," "volatile organic compounds," as defined in 40 C.P.R. § 51.100(s) (July 1, 

2009); 

( 68) "Wire reclamation furnace," a furnace that uses either direct or indirect heat transfer 

to salvage nonferrous metals through the thermal destruction of solid waste materials; 

(69) "PM2.5," particulate matter with an aerodynamic diameter less than or equal to a 

nominal 2.5 micrometers as measured by an applicable reference or equivalent method; 

(70) "S02," sulfur dioxide; 

(71) "N02," nitrogen dioxide; and 

(72) "Construction permit," a written authorization issued by the board or the secretary for 

the construction and operation of a new source or modification to an existing source. 

13 
(73) "Subject to regulation" as defined in 40 CFR § 70.2 (July !, 2009), as revised in 

publication 75 Fed. Reg. 31607 (June 3, 2010), in accordance with EPA requirements. 

Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from 

§ 34:10:01:01, 7 SDR 4, effective July 27, 1980; transferred from§ 44:10:01:01, effective July 1, 

1981; 8 SDR 71, effective December 21, 1981; 10 SDR 68, effective January 5, 1984; 13 SDR 

129, 13 SDR 141, effective July 1, 1987; 14 SDR 72, effective November 24, 1987; 16 SDR 88, 

effective November 14, 1989; 17 SDR 170, effective May 13, 1991; transferred from 

§ 74:26:01:01, 19 SDR 157, effective April22, 1993; 21 SDR 119, effective January 5, 1995; 23 

SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999; 30 SDR 26, 

effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 

13, 2006; 36 SDR 207, effective June 28,2010. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-6. 

Reference: Standard Industrial Classification Manual, 1987, Executive Office of the 

President, Office of Management and Budget. Copies may be obtained from National Technical 

Information Service, 5285 Port Royal Road, Springfield, Virginia 22161, order no. PB 87-

100012. Cost: $31. 

74:36:01:08. Major source defined. A major source is any source or any group of 

sources that is located on one or more contiguous or adjacent properties, that is under control of 

14 
--------------------------------------------------------------------------------

the same person or of persons under common control, that belongs to a single major industrial 

grouping, and that is any of the following: 

(1) A major source under § 112 of the Clean Air Act defined as a source or group of 

sources located within a contiguous area and under common control that emits or has the 

potential to emit, considering controls, in the aggregate, 10 tons per year (tpy) or more of any 

hazardous air pollutant which has been listed pursuant to § 112(b) of the Clean Air Act, 25 tpy or 

more of any combination of such hazardous air pollutants, or a lesser quantity established by rule 

by the administrator of the EPA Emissions from any oil exploration or production well and its 

associated equipment and emissions from any pipeline compressor or pump station may not be 

aggregated with emissions from other similar units, whether or not such units are in a contiguous 

area or under common control, to determine whether such units or stations are major sources; or 

(2) A major source of air pollutants, as defined in § 302 of the Clean Air Act, that directly 

emits or has the potential to emit 100 tpy or more of any air pollutant subject to regulation as 

required by EPA, including any major source of fugitive emissions of any such pollutant, as 

determined by rule by the administrator of the EPA; or 

(3) A major source as defined in Part D of Title I ofthe Clean Air Act, including; 

(a) For ozone nonattaiument areas, sources with the potential to emit 100 tons or more 

per year of volatile organic compounds or oxides of nitrogen in areas classified as "marginal" or 

"moderate, "50 tons or more per year in areas classified as "serious," 25 tons or more per year in 

15 
areas classified as "severe," and 10 tons or more per year in areas classified as "extreme." The 

references in this subdivision to 100, 50, 25, and 10 tons per year of nitrogen oxides do not apply 

to any source for which the administrator of the EPA has made a finding, under § 182(f)(l) or (2) 

of the Clean Air Act, that the requirements of§ 182(f) of the Clean Air Act do not apply; 

(b) For ozone transport regions established pursuant to § 184 of the Clean Air Act, 

sources with the potential to emit 50 tons or more per year of volatile organic compounds; 

(c) For carbon monoxide nonattainment areas that are classified as "serious" and in 

which sources contribute significantly to carbon monoxide levels as determined under rules 

issued by the administrator of the EPA, sources with the potential to emit 50 tons or more per 

year of carbon monoxide; and 

(d) For particulate matter (PMIO) nonattainment areas classified as "serious," sources 

with the potential to emit 70 tons or more per year ofPMlO. 

A source or group of sources is considered as part of a single industrial grouping if all of 

the pollutant-emitting activities of the source or group of sources belong to the same major group 

(i.e. which have the same two-digit code) as described in the Standard Industrial Classification 

Manual, 1987. 

16 
Source: List of stationary sources transferred from § 74:26:01:03, 17 SDR 170, effective 

May 13, 1991; transferred from§§ 74:26:01:06.05 and 74:26:01:06.07, 19 SDR 157, effective 

April22, 1993; 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April4, 1999. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-6. 

Cross-Reference: Classification defined, Title I of the Clean Air Act. 

Reference: Standard Industrial Classification Manual, 1987, Executive Office of the 

President, Office of Management and Budget. Copies may be obtained from National Technical 

Information Service, 5285 Port Royal Road, Springfield, Virginia 22161, order no. PB 87-

100012. Cost: $31. 

74:36:01:15. Regulated air pollutant def"med. A regulated air pollutant is one of the 

following: 

(1) Nitrogen oxides or any volatile organic compounds; 

(2) Nitrogen dioxide, PMl 0, 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; 

17 
(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 ofthe Clean Air Act; eF 

(5) Any pollutant subject to a standard promulgated under § 112 of the Clean Air Act or 

other requirements established under §§ 112(g), G), and (r) of the Clean Air Act, including the 

following: 

(a) Any pollutant subject to a standard promulgated under § 1120) 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. 

Source: 19 SDR 157, effective April22, 1993; 21 SDR 119, effective January 5, 1995. 

General Authority: SDCL 34A-1-6. 

18 
Law Implemented: SDCL 34A-l-6. 

CHAPTER 74:36:09 

PREVENTION OF SIGNIFICANT DETERIORATION 

Section 

74:36:09:01 Applicability. 

74:36:09:01.01 Prevention of significant deterioration permit required. 

74:36:09:02 Prevention of significant deterioration. 

74:36:09:03 Public participation. 

74:36:09:02. Prevention of significant deterioration. For the purposes of this chapter, 

the state's definitions and requirements for the prevention of significant deterioration are those in 

40 C.F.R. § 52.21 (July 1, 2009), as revised by EPA in publication 75 Fed. Reg. 31606 and 

.31607 (June 3, 2010), except for 40 C.F.R. § 52.21(a)(l), (a)(2)(iv)(e), (a)(2)(vi), (b)(2)(iii)(h), 

(b)(3)(iii)(b), (b)(3)(vi)(d), (b)(32), (b)(42), (b)(55), (b)(56), (b)(57), (b)(58), (f), (q), (s), (t), (u), 

(x), (y), (z), and (cc) (July 1, 2009) with the following differences: 

19 
(1) For the purposes of this section, all terms defined in this section have the meaning 

defined in 40 C.F.R. § 52.21, except for the term "administrator" which means the secretary with 

the following exceptions: 

(a) In 40 C.F.R. §§ 52.21(b)(3)(iii) and 52.21(b)(37)(iii), the term "administrator" 

means either the secretary or the administrator of EPA, as applicable; 

(b) In 40 C.F.R. §§ 52.21(w)(2) to 52.21(w)(4), inclusive, the term "administrator" 

means either the secretary or the administrator of EPA, as applicable; 

(c) In 40 C.F.R. §§ 52.2l(b)(17); 52.21(b)(37)(i); 52.21(b)(43); 52.21(b)(48)(ii)(c); 

52.2l(b)(SO)(i); 52.2l(g)(l) to 52.2l(g)(6), inclusive; 52.21(1)(2); and 52.2l(p)(2) the term 

"administrator" means the administrator of EPA; 

(2) For the purposes of this section, the term "Act" means the Clean Air Act; 

(3) For the purposes of this section, in 40 C.F.R. § 52.2l(c), the Class I areas in South 

Dakota are Wind Cave National Park and the Badlands National Park; 

(4) For the purposes of this section, 40 C.F.R § 52.21(a)(2)(iv)(f) is incorporated by 

reference excluding the last sentence which states, "For example, if a project involves both an 

existing emissions unit and a Clean Unit, the projected increase is determined by summing the 

values determined using the method specified in paragraph (a)(2)(iv)(c) of this section for the 

20 
existing unit and using the method specified in paragraph (a)(2)(iv)(e) of this section for the 

Clean Unit"; 

(5) For the purposes of this section, 40 C.F.R. § 52.2l(b)(2)(iii)(a) is incorporated by 

reference excluding the second sentence which states, "Routine maintenance, repair and 

replacement shall include, but not be limited to, any activity(s) that meets the requirements of the 

equipment replacement provisions contained in paragraph (cc) of this section"; 

(6) For the purposes of this section, 40 C.F.R. § 52.2l(r)(6) is incorporated by reference 

excluding the phrase, "(other than projects at a Clean Unit or at a source with a PAL)"; 

(7) For the purposes of this section, 40 C.F.R. § 52.2l(v)(l) is incorporated by reference 

excluding the phrase, "under 40 CFR 124.10"; and 

(8) For the purposes of this section, 40 C.F.R. § 52.2l(w)(l) is incorporated by reference 

excluding the phrase, "expires under paragraph (s) of this section or". 

The secretary shall transmit to the administrator of the EPA a copy of each permit 

application subject to this section and shall notify the administrator of the EPA of each 

significant action the secretary takes on the application. 

If EPA stays or withdraws the regulation of greenhouse gases as identified in publication 

75 Fed. Reg. 31606 and 31607 (June 3, 2010), or a court issues an order vacating or otherwise 

21 
invalidating EPA's regulation of greenhouse gases for any reason, the regulation of greenhouse 

gases by Article 74:36 are void as of the date of such administrative or judicial action and shall 

have no further force and effect. 

Source: 19 SDR 157, effective April22, 1993; 21 SDR 119, effective January 5, 1995; 30 

SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 33 SDR 43, 

effective September 18, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 

28,2010. 

General Authority: SDCL 34A-1-6, 34A-1-18. 

Law Implemented: SDCL 34A-1-18. 

CHAPTER 74:36:20 

CONSTRUCTION PERMITS FOR NEW SOURCES OR MODIFICATIONS 

Section 

74:36:20:01 

74:36:20:02 

Applicability. 

Construction permit required. 

74:36:20:02.01 Initiating construction prior to permit issuance. 

74:36:20:03 Construction permit exemption. 

74:36:20:04 Emission unit exemptions. 

22 
74:36:20:05 Standard for issuance of construction permit. 

74:36:20:06 Timely and complete application for a construction permit required. 

74:36:20:07 Required contents of complete application for a construction permit. 

74:36:20:08 Applicant required to supplement or correct application. 

74:36:20:09 Permit application-- Completeness review. 

74:36:20:10 Time period for department's recommendation. 

74:36:20:11 Public participation in permitting process. 

74:36:20:12 Public review of department's draft permit. 

74:36:20:13 Final permit decision-- Notice to interested persons. 

74:36:20:14 Right to petition for contested case hearing. 

74:36:20:15 Contents of construction permit. 

74:36:20:16 Administrative permit amendment. 

74:36:20:17 Procedures for administrative permit amendments. 

74:36:20:18 Reopening construction permit for cause. 

74:36:20:19 Procedures to reopen construction permit. 

74:36:20:20 Construction permit does not exempt from other requirements. 

74:36:20:21 Expiration of a construction permit. 

74:36:20:22 Notice of constructing or operating noncompliance-- Contents. 

74:36:20:23 Petition for contested case or alleged violation. 

74:36:20:24 Circumvention of emissions not allowed. 

23 
74:36:20:02. Construction permit required. A person may not construct, install, 

modify, or operate any source or unit likely to cause the emission of air pollutants into the 

ambient air or any equipment that prevents or controls the emission of air pollutants into the 

ambient air until a construction permit has been issued by the board or the secretary. unless it 

meet the requirements in§ 74:36:20:02.01. 

Source: 36 SDR 207, effective June 28,2010. 

General Authority: SDCL 34A-1-6, 34A-1-21. 

Law Implemented: SDCL 34A-1-21. 

74:36:20:02.01. Initiating construction prior to permit issuance. The owner or operator 

of a new source or modification to an existing source may initiate construction prior to issuance 

of the construction permit by the department if the owner or operator meets the following 

requirements: 

(1) The owner or operator has submitted a construction permit application to the 

department in accordance with§ 74:36:20:06; 

(2) The owner or operator has submitted a notification to the department of its intentions 

to initiate construction prior to issuance of the construction permit five working days before 

initiating construction; 

24 
(3) The new source or modification to an existing source is not subject to chapters 

74:36:09 or 74:36:10. The provisions in chapters 74:36:09 or 74:36:10 remain applicable until 

the new source or modification to an existing source legally obtains a construction permit with 

federally enforceable conditions which limit the sources potential to emit below the applicable 

thresholds in chapters 74:36:09 or 74:36:10; 

( 4) The new source or modification to an existing source is not subject to § 

74:36:08:03.01. The provisions in § 74:36:08:03.01 remain applicable until the new source or 

modification to an existing source legally obtains a construction permit with federally 

enforceable conditions which limit the sources potential to emit below the applicable thresholds 

in§ 74:36:08:03.01; 

(5) The owner or operator must assume any liability for construction conducted on a 

source before the permit is issued and in no case will the applicant be allowed to operate the 

equipment in any way that may emit any air pollutant prior to receiving a construction permit; 

(6) The owner or operator must cease construction if the department's evaluation 

demonstrates the construction of the new source or modification to the existing source will 

interfere with the attainment or maintenance of a national ambient air quality standard or 

increment; and 

(7) The owner or operator will be required to make any changes to the new source or 

modification of an existing source that may be imposed in the issued construction permit. 

25 
Source: 

General Authority: SDCL 34A-l-6, 34A-l-2l, 

Law Implemented: SDCL 34A-1-2L 

26 
IN THE MATTER OF THE 

PROMULGATION OF 

ADMINISTRATIVE RULES 

AFFIDAVIT 

I, Kyrik Rombough, certify that on March 17,2011, I sent by U.S. mail and electronic mail a 

correct copy of the following documents adopted by the Board of Minerals and Environment on 

February 17, 2011: 

1. The minutes of the public hearing 

2. A record of the written comments 

3. The small business impact statement 

4. The fiscal note 

5. The rules adopted: 

The amendments to article 74:36 by revising chapter 74:36:01 -Definitions, 74:36:09-

Prevention of Significant Deterioration, and 74:36:20- Construction Permits for New 

Sources or Modifications 

These documents were sent to the Interim Rules Review Committee members at their respective 

electronic mail addresses listed below: 

State Representative Peggy Gibson 

peggygibson@hotmail.com 

State Representative R. Shawn Tornow 

rst2348@gmail.com 

State Senator Angie Buhl 

Angie.buhl@gmail.com 

State Senator Jean M. Hunhoff 

jHunhoff@Avera.org 

State Senator Mike Vehle 

mvehle@mit.midco.net 

and to the following members at their respective U.S. mail addresses listed below: 

The Honorable Peggy Gibson 

State Representative 

1010 Valley View Court 

Huron, SD 57350-4221 

The Honorable Roger W. Hunt 

State Representative 

P.O. Box 827 

Brandon, SD 57005-0827 

The Honorable Jean M. Hunhoff 

State Senator 

2511 Mulligan Drive 

Yankton, SD 57078 

The Honorable Mike V ehle 

State Senator 

132 N. Harmon Drive 

Mitchell, SD 57301 
The Honorable R. Shawn Tornow 

State Representative 

P.O. Box 1988 

Sioux Falls, SD 571 01 

Subscribed and sworn to 

before me this /? day 

ot111U/J?A , ,jail . 

Notary 

S&r,~ Public - South Dakota 

(Seal) 

My Commission expires 

t-?- d'l"--'f,'-'tk~--
MEMO TO: 

FROM: 

SUBJECT: 

Doug Decker 

Code Counsel 

March 17, 2011 

Legislative Research Council 

Kyrik t~bough, Engineering Manager I 

Air Quality Program 

Final Draft of revisions to ARSD 74:36- Air Pollution Control Program 

I have enclosed a packet pertaining to the final draft of the revisions to 74:36- Air Pollution 

Control Program: 

The enclosed packet contains the following documents: 

• An edited copy of the first draft; 

• A copy of Legislative Research Council's recommended changes 

• A copy of the final draft approved by the Board of Minerals and Environment 

• The original form #II, which contains the signatures of a majority of the members of the Board 

of Minerals and Environment; 

• A copy of the affidavit of the mailing to the Rules Committee members; 

• A copy of the minutes for the February 17, 2011, Board of Minerals and Environment meeting. 

If you have any concerns or questions, please contact me at (605) 773-3151. 
March 18,2011 

Kristin A. Henry 

Staff Attorney 

Sierra Club 

85 Second Street 

San Francisco, California 94115 

Dear Ms. Henry: 

DEPARTMENT of ENVIRONMENT 

and NATURAL RESOURCES 

PMB 2020 

JOE FOSS BUILDING 

523 EAST CAPITOl 

PIERRE, SOUTH DAKOTA 57501-3182 

www.state.sd.us/denr 

Thank you for submitting comments on the proposed revisions to the Administrative Rules of 

South Dakota (ARSD) 74:36- Air Pollution Control Program. On February 17,2011, the Board 

of Minerals and Environment held a public hearing on the proposed revisions. 

During the hearing, the Department of Environment and Natural Resources presented your 

comments to the Board. After considering the written and oral comments provided, the Board of 

Minerals and Environment approved the revisions to ARSD 74:36. At this time, you may access 

information regarding the hearing such as the agenda and minutes via the internet at 

http://denr.sd.gov/boards/schedule.aspx. 

Sincerely, 

Kyrik Rombough 

Engineering Manager I 

Air Quality Program 
March 18,2011 

Vern Timmerman 

25272 445 Avenue 

Salem, South Dakota 57058 

Dear Mr. Timmerman: 

DEPARTMENT of ENVIRONMENT 

and NATURAL RESOURCES 

PMB 2020 

JOE FOSS BUILDING 

523 EAST CAPITOL 

PIERRE, SOUTH DAKOTA 57501-3182 

www.state.sd.us/denr 

Thank you for submitting comments on the proposed revisions to the Administrative Rules of 

South Dakota (ARSD) 74:36- Air Pollution Control Program. On February 17,2011, the Board 

of Minenils and Environment held a public hearing on the proposed revisions. 

During the hearing, the Department of Environment and Natural Resources presented your 

comments to the Board. After considering the written and oral comments provided, the Board of 

Minerals and Environment approved the revisions to ARSD 74:36. At this time, you may access 

information regarding the hearing such as the agenda and minutes via the internet at 

http://denr.sd .gov/boards/schedule.aspx. 

Sincerely, 

Kyrik Rombough 

Engineering Manager I 

Air Quality Program 
March 18, 2011 

Donna LaFerrier 

47423 3191

h Street 

Elk Point, South Dakota 57025 

Dear Ms. LaFerrier: 

DEPARTMENT of ENVIRONMENT 

and NATURAL RESOURCES 

PMB 2020 

JOE FOSS BUILDING 

523 EAST CAPITOL 

PIERRE, SOUTH DAKOTA 57501-3182 

www.state.sd.us/denr 

Thank you for submitting comments on the proposed revisions to the Administrative Rules of 

South Dakota (ARSD) 74:36- Air Pollution Control Program. On February 17, 2011, the Board 

of Minerals and Environment held a public hearing on the proposed revisions. 

During the hearing, the Department of Environment and Natural Resources presented your 

comments to the Board. After considering the written and oral comments provided, the Board of 

Minerals and Environment approved the revisions to ARSD 74:36. At this time, you may access 

information regarding the hearing such as the agenda and minutes via the internet at 

http://denr.sd.gov/boards/schedule.aspx. 

Sincerely, 

Kyrik Rombough 

Engineering Manager I 

Air Quality Program 
March 18,2011 

Deanna Langle 

47542 SD Hwy 50 

Elk Point, South Dakota 57025 

Dear Ms. Langle: 

DEPARTMENT of ENVIRONMENT 

and NATURAL RESOURCES 

PMB 2020 

JOE FOSS BUILDING 

523 EAST CAPITOL 

PIERRE, SOUTH DAKOTA 57501-3182 

www.state.sd.us/denr 

Thank you for submitting comments on the proposed revisions to the Administrative Rules of 

South Dakota (ARSD) 74:36- Air Pollution Control Program. On February 17,2011, the Board 

of Minenils and Environment held a public hearing on the proposed revisions. 

During the hearing, the Department of Environment and Natural Resources presented your 

conunents to the Board. After considering the written and oral comments provided, the Board of 

Minerals and Environment approved the revisions to ARSD 74:36. At this time, you may access 

information regarding the hearing such as the agenda and minutes via the internet at 

http:/ /denr.sd.gov/boards/schedule.aspx. 

Sincerely, 

~tiL Kyrik Rombough 

Engineering Manager I 

Air Quality Program 
March 18, 2011 

Barbara Anderson 

31992 SD Highway II 

Elk Point, South Dakota 57025-6657 

Dear Ms. Anderson: 

DEPARTMENT of ENVIRONMENT 

and NATURAL RESOURCES 

PMB 2020 

JOE FOSS BUILDING 

· 523 EAST CAPITOL 

PIERRE, SOUTH DAKOTA 57501-3182 

www.state.sd.us/denr 

Thank you for submitting comments on the proposed revisions to the Administrative Rules of 

South Dakota (ARSD) 74:36- Air Pollution Control Program. On February 17,2011, the Board 

of Minerals and Environment held a public hearing on the proposed revisions. 

During the hearing, the Department of Environment and Natural Resources presented your 

comments to the Board. After considering the written and oral comments provided, the Board of 

Minerals and Environment approved the revisions to ARSD 74:36. At this time, you may access 

information regarding the hearing such as the agenda and minutes via the internet at 

http:/ I denr .sd. gov /boards/ schedule.aspx. 

Sincerely, 

%/12#-

Kyrik Rombough 

Engineering Manager I 

Air Quality Program 
March 18,2011 

Burdette and Gladys Hanson 

31713 475 Avenue 

Elk Point, South Dakota 57025 

Dear Ms. Hanson: 

DEPARTMENT of ENVIRONMENT 

and NATURAL RESOURCES 

PMB 2020 

JOE FOSS BUILDING 

523 EAST CAPITOL 

PIERRE, SOUTH DAKOTA 57501-3182 

www.state.sd.us/denr 

Thank you for submitting comments on the proposed revisions to the Administrative Rules of 

South Dakota (ARSD) 74:36- Air Pollution Control Program. On February 17,2011, the Board 

of Minerals and Environment held a public hearing on the proposed revisions. 

During the hearing, the Department of Environment and Natural Resources presented your 

comments to the Board. After considering the written and oral comments provided, the Board of 

Minerals and Environment approved the revisions to ARSD 74:36. At this time, you may access 

information regarding the hearing such as the agenda and minutes via the internet at 

http://denr.sd.gov/boards/schedule.aspx. 

Kyrik Rombough 

Engineering Manager I 

Air Quality Program 
March 18,2011 

Elaine and Gerald Hanson 

I 04 Maple Court- Box 705 

Elk Point, South Dakota 57025 

Dear Mr. and Mrs. Hanson: 

DEPARTMENT of ENVIRONMENT 

and NATURAL RESOURCES 

PMB 2020 

JOE FOSS BUILDING 

523 EAST CAPITOL 

PIERRE, SOUTH DAKOTA 57501-3182 

www.state.sd.us/denr 

Thank you for submitting comments on the proposed revisions to the Administrative Rules of 

South Dakota (ARSD) 74:36- Air Pollution Control Program. On February 17, 2011, the Board 

of Minerals and Environment held a public hearing on the proposed revisions. 

During the hearing, the Department of Environment and Natural Resources presented your 

comments to the Board. After considering the written and oral comments provided, the Board of 

Minerals and Environment approved the revisions to ARSD 74:36. At this time, you may access 

information regarding the hearing such as the agenda and minutes via the internet at 

http://denr.sd.gov/boards/schedule.aspx. 

Sincerely, 

Kyrik Rombough 

Engineering Manager I 

Air Quality Pro gram 
March 18,2011 

Nicholas Koster 

46718 3151

h Street 

Vermillion, South Dakota 57069 

Dear Mr. Koster; 

DEPARTMENT of ENVIRONMENT 

and NATURAL RESOURCES 

PMB 2020 

JOE FOSS BUILDING 

523 EAST CAPITOL 

PIERRE, SOUTH DAKOTA 57501-3182 

www.state.sd.us/denr 

Thank you for submitting comments on the proposed revisions to the Administrative Rules of 

South Dakota (ARSD) 74:36- Air Pollution Control Program. On February 17,2011, the Board 

of Minerals and Environment held a public hearing on the proposed revisions. 

During the hearing, the Department of Environment and Natural Resources presented your 

comments to the Board. After considering the written and oral comments provided, the Board of 

Minerals and Environment approved the revisions to ARSD 74:36. At this time, you may access 

information regarding the hearing such as the agenda and minutes via the internet at 

http://denr.sd.gov/boards/schedule.aspx. 

Sincerely, 

%it# 

Kyrik Rombough 

Engineering Manager I 

Air Quality Program 
March 18, 2011 

Bruce Gray 

222 North Yale 

Vermillion, South Dakota 57069 

Dear Mr. Gray: 

DEPARTMENT of ENVIRONMENT 

and NATURAL RESOURCES 

PMB 2020 

JOE FOSS BUILDING 

523 EAST CAPITOL 

PIERRE, SOUTH DAKOTA 57501·3182 

www.state.sd.us/denr 

Thank you for submitting comments on the proposed revisions to the Administrative Rules of 

South Dakota (ARSD) 74:36- Air Pollution Control Program. On February 17, 2011, the Board 

of Minerals and Environment held a public hearing on the proposed revisions. 

During the hearing, the Department of Environment and Natural Resources presented your 

comments to the Board. After considering the written and oral comments provided, the Board of 

Minerals and Environment approved the revisions to ARSD 74:36. At this time, you may access 

information regarding the hearing such as the agenda and minutes via the internet at 

http://denr.sd.gov/boards/schedule.aspx. 

Sincerely, 

~Jf4- Kyrik Rombough 

Engineering Manager I 

Air Quality Program 
March 18, 2011 

Cindy Gehm 

804 Canby Street 

Vermillion, South Dakota 57069 

Dear Ms. Gehm: 

DEPARTMENT of ENVIRONMENT 

and NATURAL RESOURCES 

PMB 2020 

JOE FOSS BUILDING 

523 EAST CAPITOL 

PIERRE, SOUTH DAKOTA 57501-3182 

www.state.sd.us/denr 

Thank you for submitting comments on the proposed revisions to the Administrative Rules of 

South Dakota (ARSD) 74:36- Air Pollution Control Program. On February 17,2011, the Board 

of Minerals and Environment held a public hearing on the proposed revisions. 

During the hearing, the Department of Environment and Natural Resources presented your 

comments to the Board. After considering the written and oral comments provided, the Board of 

Minerals and Environment approved the revisions to ARSD 74:36. At this time, you may access 

information regarding the hearing such as the agenda and minutes via the internet at 

http://denr.sd.gov/boards/schedule.aspx. 

Sincerely, 

Kyrik 

~1/L Rombough 

Engineering Manager I 

Air Quality Program 
March 18,2011 

Adrian and Carolyn Hanson 

31745 473'd Avenue 

Elk Point, South Dakota 57025 

Dear Mr. and Mrs. Hanson: 

DEPARTMENT of ENVIRONMENT 

and NATURAL RESOURCES 

PMB 2020 

JOE FOSS BUILDING 

523 EAST CAPITOL 

PIERRE, SOUTH DAKOTA 57501-3182 

www.state.sd.us/denr 

Thank you for submitting comments on the proposed revisions to the Administrative Rules of 

South Dakota (ARSD) 74:36- Air Pollution Control Program. On February 17, 2011, the Board 

of Minerals and Environment held a public hearing on the proposed revisions. 

During the hearing, the Department of Environment and Natural Resources presented your 

comments to the Board. After considering the written and oral comments provided, the Board of 

Minerals and Environment approved the revisions to ARSD 74:36. At this time, you may access 

information regarding the hearing such as the agenda and minutes via the internet at 

http:/ /denr.sd.gov/boards/schedule.aspx. 

~~ Kyrik Rombough 

Engineering Manager I 

Air Quality Pro gram 
March 18,2011 

Gloria Kribell 

506 Anderson Street 

Alcester, South Dakota 5700 I 

Dear Ms. Kribell: 

----------------------------------~ 

DEPARTMENT of ENVIRONMENT 

and NATURAL RESOURCES 

PMB 2020 

JOE FOSS BUILDING 

523 EAST CAPITOL 

PIERRE, SOUTH DAKOTA 57501-3182 

www.state.sd.us/denr 

Thank you for submitting comments on the proposed revisions to the Administrative Rules of 

South Dakota (ARSD) 74:36- Air Pollution Control Program. On February 17, 2011, the Board 

of Minenils and Environment held a public hearing on the proposed revisions. 

During the hearing, the Department of Environment and Natural Resources presented your 

comments to the Board. After considering the written and oral comments provided, the Board of 

Minerals and Environment approved the revisions to ARSD 74:36. At this time, you may access 

information regarding the hearing such as the agenda and minutes via the internet at 

http://denr.sd.gov/boards/schedule.aspx. 

Sincerely, 

~@_ Kyrik Rombough 

Engineering Manager I 

Air Quality Program 
March 18,2011 

Arden and Bridget Hanson 

32726 473'd Avenue 

Elk Point, South Dakota 5 7025 

Dear Mr. and Mrs. Hanson: 

DEPARTMENT of ENVIRONMENT 

and NATURAL RESOURCES 

PMB 2020 

JOE FOSS BUILDING 

523 EAST CAPITOL 

PIERRE, SOUTH DAKOTA 57501-3182 

www.state.sd.us/denr 

Thank you for submitting comments on the proposed revisions to the Administrative Rules of 

South Dakota (ARSD) 74:36- Air Pollution Control Program. On February 17, 2011, the Board 

of Minerals and Environment held a public hearing on the proposed revisions. 

During the hearing, the Department of Environment and Natural Resources presented your 

comments to the Board. After considering the written and oral comments provided, the Board of 

Minerals and Environment approved the revisions to ARSD 74:36. At this time, you may access 

information regarding the hearing such as the agenda and minutes via the internet at 

http://denr.sd.gov/boards/schedule.aspx. 

Sincerely, 

Kyrik Rombough 

Engineering Manager I 

Air Quality Program 
March 18, 2011 

Carolyn Harkness 

47578 3!6'h Street 

Elk Point, South Dakota 57025 

Dear Ms. Harkness: 

DEPARTMENT of ENVIRONMENT 

and NATURAL RESOURCES 

PMB 2020 

JOE FOSS BUILDING 

523 EAST CAPITOL 

PIERRE, SOUTH !lAKOTA 57501-3182 

www.stats.sd.us/dsnr 

Thank you for submitting comments on the proposed revisions to the Administrative Rules of 

South Dakota (ARSD) 74:36- Air Pollution Control Program. On February 17, 2011, the Board 

of Minenils and Environment held a public hearing on the proposed revisions. 

During the hearing, the Department of Environment and Natural Resources presented your 

comments to the Board. After considering the written and oral comments provided, the Board of 

Minerals and Environment approved the revisions to ARSD 74:36. At this time, you may access 

information regarding the hearing such as the agenda and minutes via the internet at 

http:/ /denr.sd. gov/boards/schedule.aspx. 

Kyrik Rombough 

Engineering Manager I 

Air Quality Program 
March 18,2011 

Lola Prothero 

231 N. 7'h Street 

Akron, Iowa 51 00 1 

Dear Ms. Prothero: 

DEPARTMENT of ENVIRONMENT 

and NATURAL RESOURCES 

PMB 2020 

JOE FOSS BUILDING 

523 EAST CAPITOL 

PIERRE, SOUTH DAKOTA 57501-3182 

www.state.sd.us/denr 

Thank you for submitting comments on the proposed revisions to the Administrative Rules of 

South Dakota (ARSD) 74:36- Air Pollution Control Program. On February 17, 2011, the Board 

of Minerals and Environment held a public hearing on the proposed revisions. 

During the hearing, the Department of Environment and Natural Resources presented your 

comments to the Board. After considering the written and oral comments provided, the Board of 

Minerals and Environment approved the revisions to ARSD 74:36. At this time, you may access 

information regarding the hearing such as the agenda and minutes via the internet at 

http://denr.sd.gov/boards/schedule.aspx. 

Kyrik Rombough 

Engineering Manager I 

Air Quality Program 
March I8, 20II 

Ed Cable 

3I992 Highway II 

Elk Point, South Dakota 57025 

Dear Mr. Cable: 

DEPARTMENT of ENVIRONMENT 

and NATURAL RESOURCES 

PMB 2020 

JOE FOSS BUILDING 

523 EAST CAPITOL 

PIERRE, SOUTH DAKOTA 57501-3182 

www.state.sd.us/denr 

Thank you for submitting comments on the proposed revisions to the Administrative Rules of 

South Dakota (ARSD) 74:36- Air Pollution Control Program. On February I7, 201I, the Board 

of Minerals and Environment held a public hearing on the proposed revisions. 

During the hearing, the Department of Environment and Natural Resources presented your 

comments to the Board. After considering the written and oral comments provided, the Board of 

Minerals and Environment approved the revisions to ARSD 74:36. At this time, you may access 

information regarding the hearing such as the agenda and minutes via the internet at 

http://denr.sd.gov/boards/schedule.aspx. 

Sincerely, 

Kyrik 

~4L Rombough 

Engineering Manager I 

Air Quality Program 
Rombough, Kyrik 

Arom: 

-ent: 

To: 

Subject: 

March 17, 2011 

Dear Mr. Hoefelmeyer: 

Rombough, Kyrik 

Thursday, March 17,201110:26 AM 

'James Hoefelmeyer' 

RE: Public comment: Proposed amendments to 74:36:20:02 

Thank you for submitting comments on the proposed revisions to the Administrative Rules of 

South Dakota (ARSD) 74:36- Air Pollution Control Program. On February 17, 2011, the 

Board of Minerals and Environment held a public hearing on the proposed revisions. 

During the hearing, the Department of Environment and Natural Resources presented your 

comments to the Board. After considering the written and oral comments provided, the 

Board of Minerals and Environment approved the revisions to ARSD 74:36. At this time, you 

may access information regarding the hearing such as the agenda and minutes via the 

internet at http://denr.sd.gov/boards/schedule.aspx. 

Sincerely, 

Kyrik Rombough 

Engineering Manager I 

Air Quality Program 

1 
' 

South Dakota 

Sen. Jean Hnnhoff, Chair 

Legislative 

Research 

Council 

RECEIVED 

MAR 14 2011 

AIR QUALITY 

PROGRAM 

. 

-~---~·· . . '. '.·.· .._' •• @~ .. ·, .. '_.- ....... ~· -~ .. -. .•. ~[ID(UOO · .. :.' .. · ...... .. · ' '. ., - - . ' ' i . 

: ... .'._.I -~ _: ·-.. ~·- _,,J -~ •·• V' ; ~·-

Rep. Shantel Krebs, Vice Chair 

James Fry, Director March 14,2011 

Doug Decker, Code Connsel 

TO: Rules Contacts 

FROM: Doug Decker, Code Counsel ':0 ~ 

RE: Interim Rules Review Committee Meeting- March 29, 2011 

Your agency has been scheduled to present rules at the next Interim RuJes Review Committee meeting 

(see the enclosed agenda). The agency must have a representative present at this meeting to explain the 

rules, give background information, or answer any questions from the committee. 

Each agency must serve a copy of the rules and other information on the committee members at 

least five davs before the meeting. Please review the "Directions for Submitting the Final Draft". The 

five-day requirement should be considered the minimum time allowed for service of the rules before 

the meeting. The committee members will use the copy of the rules that is served on the committee as 

part of the rule adoption process according to SDCL 1-26-4 (9) to prepare for the meeting. The service 

of the rules must be done with enough time between the service of the rules and the meeting to allow 

the committee members time to review the rules prior to the meeting. A committee member who has 

not received the rules in time to review the rules before the meeting may vote to reject the agency's 

rules. Please note that Form 12 (AFFIDAVIT) has been updated and is available on the LRC 

website. 

Thank you for your cooperation in this matter. This procedure will expedite the presentation of your 

rules before the committee and give the committee members access to the most recent version of your 

rules. 

DD:ks 

Enclosure: Agenda 

State Capitol, 500 East Capitol, Pierre, SD 57501-5070 

605m3 3251 • F'IX-6051213-4576 

bttp·I!Iegis.state sd.us 
Legislative 

Research 

Council 

RULES REVIEW COMMITTEE 

AGENDA 

Senator Jean M. Hunhoff, Chair 

Representative R. Shawn Tornow, Vice Chair 

Three hundred twelfth meeting 

Tuesday 

Room 413 

State Capitol 

March 29, 2011 Pierre, South Dakota 

9:00a.m. 

Agencies are asked to have a representative present at the meeting 

to give background information on their rules. 

Call to order, roll call, approval of minutes, staff report 

Review of proposed rules 

Senator Hunhoff 

Department of Health: Board of Pharmacy- Adopt Prescription Drug Monitoring Program 

rules to establish requirements for a data base of controlled substance prescriptions 

dispensed to South Dakota residents. 

Representative Tornow 

Attorney General: Law Enforcement Officers Standards and Training Commission -

Amend rules to provide for a basic training course for certified law enforcement officers 

consisting of a 520 hour curriculum; amend the definition of police service dog to 

include patrol, drug detection or explosive detection; and establish standards and 

certification requirements for accelerant detection canine teams. 

Senator Buhl 

Public Utilities Commission - Amend rules to determine telecommunications switched 

access rates charged by competitive local exchange carrier charges. 

Representative Gibson 

Department of Environment and Natural Resources: Board of Minerals and Environment -

Amend Air Pollution Control Program rules to comply with revisions to the federal 

regulations regarding the Greenhouse Gas Tailoring Rule; and revise a rule to allow certain 

businesses to start construction before the construction permit is issued once they have 

satisfied the proposed requirements. 
II :30 a.m. 

Senator Yehle 

Department of Game, Fish and Parks - Amend a Uses of Parks and Public Lands rule to 

prohibit persons from jumping into the Big Sioux River from natural and manmade 

structures located within the boundaries of the Big Sioux Recreation Area (Minnehaha 

County); amend Public Water Zoning rules to create a "no boating zone" on a portion of the 

Belle Fourche River in Butte County and "no wake zones" on Twin Lakes (Minnehaha 

County) and on the portion of Lewis & Clark Lake (Yankton County) commonly known as 

the Midway Boating Beach; and amend a Refuges rule to increase the size of the Shadehill 

State Waterfowl Refuge in Perkins County. 

Department of Transportation - Amend speed limits in Minnehaha County on SD 

Highway II beginning at the Minnehaha- Lincoln County line to reduce speed limits on a 

segment of highway near the southeast edge of the City of Sioux Falls, in Lincoln County 

on SD Highway II just south of the Minnehaha - Lincoln County line to reduce speed 

limits on a segment of highway near the southeast edge of the City of Sioux Falls, in 

Lyman County on SD Highway 47 north of its junction with SD Highway 248 to reduce the 

speed limit through Reliance, and in Lyman County on SD Highway 248 from its junction 

with SD Highway 47 south to Interstate 90 through Reliance; and adopt a Traffic Safety 

rule to prohibit parking along a portion of Interstate 90 Frontage Road (Sturgis Road) 

between Piedmont and Summerset in Meade County near Stagebarn Elementary School 

from 7 a.m. to 8 a.m. and 2 p.m. to 3 p.m. 

Adjourn 

Members: Senators Angie Buhl, Jean M. Hunboff, and Mike Yehle; and Representatives Roger W. Hunt, Peggy Gibson, 

and R. Shawn Tornow. 

NOTE: Individuals needing assistance, pursuant to the Americans with Disabilities Act, should contact the Legislative 

Research Council (6051773-3251) in advance of the meeting to make any necessary arrangements. 

All Legislative Research Council committee minutes and agendas are available on the South Dakota Legislature's Homepage 

(http://legis.state.sd.us). Subscribe to receive electronic notification of meeting schedules and the availability of agendas and minutes at 

MyLRC (http://legis.state.sd.uslmylrc/index.aspx). 

2 
Legislative 

Research 

Connell 

RULES REVIEW COMMITTEE 

AGENDA 

Revised March 21,2011 

Senator Jean M. Hunhoff, Chair 

Representative R. Shawn Tornow, Vice Chair 

Three hundred twelfth meeting 

Tuesday 

Room 413 

State Capitol 

March 29,2011 Pierre, South Dakota 

9:00a.m. 

Agencies are asked to have a representative present at the meeting 

to give background information on their rules. 

Call to order, roll call, approval of minutes, staff report 

Review of proposed rules 

Representative Tornow 

Attorney General: Law Enforcement Officers Standards and Training Commission -

Amend rules to provide for a basic training course for certified law enforcement officers 

consisting of a 520 hour curriculum; amend the definition of police service dog to 

include patrol, drug detection or explosive detection; and establish standards and 

certification requirements for accelerant detection canine teams. 

Senator Buhl 

Public Utilities Commission - Amend rules to determine telecommunications switched 

access rates charged by competitive local exchange carrier charges. 

Representative Gibson 

Department of Environment and Natural Resources: Board of Minerals and EnvironmentAmend Air Pollution Control Program rules to comply with revisions to the federal 

regulations regarding the Greenhouse Gas Tailoring Rule; and revise a rule to allow certain 

businesses to start construction before the construction permit is issued once they have 

satisfied the proposed requirements. 

Department of Social Services - Amend a rule to update the federal poverty level for 

programs under Title 67. The federal poverty level is set in 76 Fed. Reg. 3,637 

(January 20, · 2011). (This rule is adopted under the procedure provided in 

SDCL 1-36-20.) 

--------------------------------------
II :30 a.m. 

Senator Vehle 

Department of Game. Fish and Parks - Amend a Uses of Parks and Public Lands rule to 

prohibit persons from jumping into the Big Sioux River from natural and manmade 

structures located within the boundaries of the Big Sioux Recreation Area (Minnehaha 

County); amend Public Water Zoning rules to create a "no boating zone" on a portion of the 

Belle Fourche River in Butte County and "no wake zones" on Twin Lakes (Minnehaha 

County) and on the portion of Lewis & Clark Lake (Yankton County) commonly known as 

the Midway Boating Beach; and amend a Refuges rule to increase the size of the Shadehill 

State Waterfowl Refuge in Perkins County. 

Department of Transportation - Amend speed limits in Minnehaha County on SD 

Highway II beginning at the Minnehaha- Lincoln County line to reduce speed limits on a 

segment of highway near the southeast edge of the City of Sioux Falls, in Lincoln County 

on SD Highway II just south of the Minnehaha - Lincoln County line to reduce speed 

limits on a segment of highway near the southeast edge of the City of Sioux Falls, in 

Lyman County on SD Highway 47 north of its junction with SD Highway 248 to reduce the 

speed limit through Reliance, and in Lyman County on SD Highway 248 from its junction 

with SD Highway 47 south to Interstate 90 through Reliance; and adopt a Traffic Safety 

rule to prohibit parking along a portion of Interstate 90 Frontage Road (Sturgis Road) 

between Piedmont and Summerset in Meade County near Stagebam Elementary School 

from 7 a.m. to 8 a.m. and 2 p.m. to 3 p.m. 

Adjourn 

Members: Senators Angie Buhl, Jean M. Huuhoff, and Mike Yehle; and Representatives Roger W. Hunt, Peggy Gibson, 

and R. Shawn Tornow. 

NOTE: Individuals needing assistance, pursuant to the Americans with Disabilities Act, should contact the Legislative 

Research Council (6051773-3251) in advance of the meeting to make any necessary arrangements. 

· · -· :, All Legislative Research Council committee minutes and agendas are available on the South Dakota Legislature's Homepage 

. __ .:J . (http://legis.state.sd:us). Subscribe to r~ceive electronic notification of meeting schedules and the availability of agendas and minutes at 

".'?.i~ MyLRC (http://legJs.state.sd.uslmylrc/mdex.aspx). 

2 
MEMO TO: 

FROM: 

SUBJECT: 

March 31, 2011 

Secretary of State Jason M. Gant 

Kyrik Romlu'~, Engineering Manager I 

Air Quality Program 

Final Rules of Amendments to ARSD 74:36- Air Pollution Control 

Program 

I have enclosed a packet pertaining. to the final rules of the amendments to ARSD 74:36- Air 

Pollution Control: 

The enclosed packet contains the following documents: 

• The original certificate of the Chairman of the Board of Minerals and Environment; 

• A copy of the Board of Minerals and Environment's approval; and 

• A copy of the final rules, which show the changes to the current printed rules with overstrikes 

and red coloring for deletions and underscores and blue coloring for additions 

If you have any questions, please contact me at (605) 773-3151. 
IN THE MATTER OF THE 

PROMULGATION OF 

ADMINISTRATIVE RULES 

CERTIFICATE 

I, Richard C. Sweetman, hereby certify that I am a duly appointed member and the duly 

elected chair of the Board of Minerals and Environment and that the attached instruments are 

full, true, and correct copies of the following rules adopted by the Board of Minerals and 

Environment on February 17, 20 11: 

a. The proposed amendments to article 74:36 by revising chapter 74:36:01 -Definitions, 

74:36:09- Prevention of Significant Deterioration, and 74:36:20- Construction Permits for 

New Sources or Modifications 

I further certify that SDCL 1-26-4 and 1-26-6 were complied with in the adoption of these rules. 

These rules will become effective twenty days after filing with the Secretary of State. 

Subscribed and sworn to 

before me this l1_ day 

of Fe.b. , .;26// . 

~~ Notary Public - South Dakota 

(Seal) 

My Commission expires 

_____ ,20_. 

BR£NOAANO£R50N, NolaiY Puiii"IC 

MyCommileion &pires Odobtr26, 2016 

· ichard C. Sweetman, Chairman, 

Board of Minerals and Environment 
IN THE MATTER OF THE 

PROMULGATION OF 

ADMINISTRATIVE RULES 

CERTIFICATE 

I, Richard C. Sweetman, hereby certify that I am a duly appointed member and the duly 

elected chair of the Board of Minerals and Environment and that the attached instruments are 

full, true, and correct copies of the following rules adopted by the Board of Minerals and 

Environment on February 17, 2011: 

a. The proposed amendments to article 74:36 by revising chapter 74:36:01- Definitions, 

74:36:09- Prevention of Significant Deterioration, and 74:36:20- Construction Permits for 

New Sources or Modifications 

I further certify that SDCL 1-26-4 and 1-26-6 were complied with in the adoption of these rules. 

These rules will become effective twenty days after filing with the Secretary of State. 

• 

Subscribed and sworn to 

~~ 

before me this Jl. day 

of feb. , :20/J . 

-'-~~ Notary Public- South Dakota 

(Seal) 

My Commission expires 

-~--_,20 __ 

BRENDA ANDERSON. Nolaly l'ulllic 

My CommiMion EMpires Odober 26, 2016 

Board of Minerals and Environment 

SECRETARY OF STATE 
IN THE MATTER OF THE 

PROMULGATION OF 

ADMINISTRATIVE RULES 

APPROVAL OF RULES 

Following a public hearing held on February 17, 2011, the following rule revisions, attached, are 

approved and will become effective twenty days after filing with the Secretary of State: 

a. The proposed amendments to article 74:36 by revising chapter 74:36:01- Definitions, 

74:36:09- Prevention of Significant Deterioration, and 74:36:20- Construction Permits for 

New Sources or Modifications 

(for legality and for form and style) 

BOARD OF MINERALS AND ENVIRONMENT 

~------">> 

Q~ Peter Bullene 

Charles Monson 

Date 

Date /ZWO/ 

£ft/IICCZLee M. McCahren, Vice Chairman 

Linde Hilde 

JlLID~'C) I Glenn Blumhardt 
Chapter 

74:36:01 

74:36:02 

74:36:03 

74:36:04 

74:36:05 

74:36:06 

74:36:07 

74:36:08 

74:36:09 

74:36:10 

74:36:11 

74:36:12 

74:36:13 

74:36:14 

74:36:15 

74:36:16 

74:36:17 

ARTICLE 74:36 

AIR POLLUTION CONTROL PROGRAM 

Definitions. 

Ambient air quality. 

Air quality episodes. 

Operating permits for minor sources. 

Operating permits for Part 70 sources. 

Regulated air pollutant emissions. 

New source performance standards. 

National emission standards for hazardous air pollutants. 

Prevention of significant deterioration. 

New source review. 

Performance testing. 

Control of visible emissions. 

Continuous emission monitoring systems. 

Variances, Repealed. 

Open burning, Transferred or Repealed. 

Acid rain program. 

Rapid City street sanding and deicing. 
74:36:18 

74:36:19 

74:36:20 

Regulations for state facilities in the Rapid City area. 

Mercury budget trading program, Repealed. 

Construction permits for new sources or modifications. 

CHAPTER 74:36:01 

DEFINITIONS 

Section 

74:36:01:01 Definitions. 

74:36:01:02 Repealed. 

74:36:01:03 Administrative permit amendment defined. 

74:36:01:04 Affected states defined. 

74:36:01:05 Applicable requirements of the Clean Air Act defined. 

74:36:01:06 Complete application defined. 

74:36:01:07 Repealed. 

74:36:01:08 Major source defined. 

74:36:01:09 Categories of sources defined. 

74:36:01:10 Modification defined. 

74:36:01 :II National ambient air quality standard (NAAQS). 

74:36:01:12 Potential to emit defined. 

2 
74:36:01:13 

74:36:01:14 

74:36:01:15 

74:36:01:16 

74:36:01:17 

74:36:01:18 

74:36:01:19 

74:36:01 :20 

74:36:01:21 

Process weight rate defined. 

Repealed. 

Regulated air pollutant defined. 

Responsible official defined. 

Repealed. 

Municipal solid waste landfill defined. 

Existing municipal solid waste landfill defined. 

Physical change in or change in the method of operation defined. 

Commenced construction defined. 

74:36:01:.01. Definitions. Unless otherwise specified, the terms used in this article mean: 

(1) "Act," chapter 34A-1 of the South Dakota Codified Laws; 

(2) "Acid rain permit," a legally binding written document or portion of a document that is 

issued by the department and specifies the acid rain program requirements applicable to an 

affected source and to the owners and operators and the designated representative of the affected 

source; 

(3) "Acid rain program," the national sulfur dioxide and nitrogen oxides air pollution 

control and emissions reduction program established in accordance with Title IV of the Clean 

Air Act; 

3 
( 4) "Administrator," the administrator of the Enviromnental Protection Agency or the 

secretary or their authorized representatives; 

( 5) "Affected source," a source that includes one or more affected units under Title IV of 

the Clean Air Act; 

(6) "Affected unit," a unit that is subject to any of the emission reduction requirements or 

emission limits pursuant to Title IV ofthe Clean Air Act or chapter 74:36: 16; 

(7) "Air pollutant," one or a combination of the regulated air pollutants listed m 

§ 74:36:01:15; 

(8) "Allowable emissions," the emission rate calculated using the maximum rated capacity 

of a source unless the source is subject to federally enforceable limits which restrict operating 

rate, hours of operation, or both, and the most stringent of the following: 

(a) The applicable new source performance standards in chapter 74:36:07; 

(b) The applicable national emission standards in chapter 74:36:08; 

(c) Any applicable emission limitations specified in this article, including those with a 

future compliance date; 

(d) The emission rate specified as a permit condition; or 

(e) The applicable standards in 40 C.F.R. Part 60, 61, or 63 (July I, 2009); 

4 
(9) "Ambient air," that portion of the atmosphere external to buildings to which the 

general public has access; 

(10) "ASTM," the American Society for Testing and Materials; 

(11) "Board," the Board of Minerals and Environment; 

(12) "Btu," British thermal unit; 

(13) "CO," carbon monoxide; 

(14) "Chairman," chairman ofthe board; 

(15) "Clean Air Act," the Clean Air Act, 42 U.S.C. 7401 et seq., as amended through 

January 1, 2010; 

(16) "Clean Air Act Amendments," the amendments to the Clean Air Act enacted in Pub. 

L. No. 101-549, November 15, 1990; 

(17) "Control equipment," a device which prevents or reduces emissions; 

5 
(18) "Criteria pollutant," selected and specified pollutants for which limiting ambient air 

quality standards have been set, including sulfur dioxides, particulate matter, carbon monoxide, 

ozone, nitrogen oxides, and lead; 

(19) "Department," the South Dakota Department of Environment and Natural Resources; 

(20) "Designated representative," the responsible person or official authorized by the 

owner or operator of an affected unit, in accordance with the Clean Air Act, to represent the 

owner or operator in matters pertaining to the holding, transfer, or disposition of allowances 

allocated to the unit and the submission of and compliance with permits, permit applications, and 

compliance plans for the unit; 

(21) "Draft permit," the version of a permit for which the department offers public 

participation or affected state review; 

(22) "Emissions allowable under the permit," a federally enforceable permit term or 

condition determined at issuance to be required by an applicable requirement that establishes an 

emissions limit, including work practice standards, or a federally enforceable emissions cap that 

the source has assumed to avoid an applicable requirement to which the source would otherwise 

be subject; 

(23) "Emission standard," the maximum amount of a pollutant legally permitted to be 

discharged from a single unit; 

6 
(24) "Emission unit," "Unit," any part or activity of a stationary source which emits or has 

the potential to emit a regulated air pollutant or any pollutant listed under section 112(b) of the 

Clean Air Act; 

(25) "EPA," the Environmental Protection Agency; 

(26) "Equivalent method," any method of sampling and analysis for an air pollutant which 

has a consistent and quantitatively known relationship to the reference method under specified 

conditions; 

(27) "Existing source," a source that has an approved state-issued variance or permit; 

(28) "Facility," a building, structure, or installation of pollutant-emitting activities which 

belong to the same industrial grouping, located on one or more contiguous or adjacent properties 

and under the control of the same person or of persons under common control, except the 

activities of a water-borne vessel. Pollutant-emitting activities are part of the same industrial 

grouping if they belong to the same major group, i.e., have the same two-digit code, as described 

in the Standard Industrial Classification Manual, 1987; 

(29) "Federally enforceable," all limits and conditions that are enforceable by the 

administrator of EPA pursuant to federal law. These limits and conditions include those 

requirements developed pursuant to this article, those appearing in 40 C.F.R. §§ 60 and 61 (July 

7 
1, 2009), requirements within the state implementation plan, and permit requirements established 

pursuant to this article or 40 C.F.R. §51 Subpart l (July 1, 2009). The use of this term does not 

impede the department's authority under state law to enforce these limits and conditions; 

(30) "Final permit" the version of an operating permit issued by the permitting authority 

for a source that has completed all required review procedures; 

(31) "Fuel-burning unit," a furnace, boiler, apparatus, stack, or any of their components 

used in the process of burning fuel or other combustible material for the primary purposes of 

producing heat or power by indirect heat transfer; 

(32) "Fugitive emissions," those air pollutants which could not reasonably pass through a 

stack, chimney, vent, or other functionally equivalent opening; 

(33) "General permit," a permit issued by the board in accordance with SDCL 34A-l-56 

that may be made applicable to numerous similar sources; 

(34) "Heat input," the aggregate heat content of all fuels whose products of combustion 

pass through a stack or stacks, using the heat input value of the equipment manufacturer's or 

designer's guaranteed maximum input, whichever is greater; 

(35) "Incinerator," a furnace used to bum solid waste to reduce the volume of the waste by 

removing its combustible material; 

8 
(36) "Malfunction," any sudden and unavoidable failure of air pollution control equipment 

or process equipment or of a process to operate in a normal or usual manner, but not a failure 

caused entirely or in part by poor maintenance, careless operation, preventable equipment 

breakdown, or any other cause within the control of the owner or operator of the source; 

(37) "Minor source," a source whose potential emissions of a criteria pollutant are less 

than 100 tons a year and which does not meet the definition of a Part 70 source; 

(38) "New source," a source that has not been constructed and does not possess a permit or 

an approved state-issued variance; 

(39) "Nonattainment area," an area that does not meet or that contributes to ambient air 

quality in a nearby area that does not meet the national primary or secondary ambient air quality 

standard for the pollutant; 

(40) "NSR," new source review; 

( 41) "Opacity," the degree to which em1sswns reduce the transmission of light and 

obscure the view of an object in the background; 

9 
(42) "Open burning," the burning of any matter in such a manner that the products of 

combustion resulting from the burning are emitted directly into the ambient air without passage 

through a stack, duct, or chimney; 

(43) "Operating permit," a written authorization issued by the board or the secretary for 

the operation of a source; 

(44) "Owner or operator," any person who owns, leases, operates, controls, or supervises a 

source; 

( 45) Repealed; 

( 46) "Part 70 operating permit," any permit or group of permits covering a Part 70 source 

that is issued, renewed, amended, or revised; 

(47) "Part 70 source," any source subject to§ 74:36:05:03; 

(48) "Particulate matter," a broad class of chemically and physically diverse substances 

that exist as discrete particles, liquid droplets, or solids over a wide range of sizes; 

( 49) "Permit modification," a change to a source which operates under a minor source 

operating permit or Part 70 operating permit that meets the requirements of§ 74:36:01 :10; 

10 
(50) "Permit revision," a revision to a minor source operating permit or Part 70 operating 

permit to incorporate a permit modification, administrative permit amendment, or minor permit 

amendment; 

(51) "Person," an individual, corporation, partnership, firm, association, trust, estate, 

public or private institution, group, agency, political subdivision or state agency or any legal 

successor, representative, agent, or agency ofthe foregoing; 

(52) "PMlO," particulate matter with an aerodynamic diameter less than or equal to a 

nominal ten micrometers as measured by an applicable reference or equivalent method; 

(53) "Proposed Part 70 operating permit," a permit that the department has forwarded to 

EPA for review after the closure of the public notice period and after considering any public 

comments, including those from affected states; 

(54) "PSD," prevention of significant deterioration; 

(55) Repealed; 

(56) "Salvage operation," an operation conducted in whole or in part for the reclaiming of 

product or material; 

11 
(57) "Secretary," the secretary of the South Dakota Department of Environment and 

Natural Resources or an authorized representative; 

(58) "Shutdown," the cessation of operation of any control equipment, process equipment, 

or process for any purposes; 

(59) "Smoke," small gas-borne particles resulting from incomplete combustion, consisting 

predominantly, but not exclusively, of carbon, ash, and other combustible material, that form a 

visible plume in the air; 

(60) "Source," a facility that emits or may emit any air pollutant regulated under the Clean 

Air Act; 

(61) "Start-up," the setting into operation of any control equipment, process equipment, or 

process for any purpose; 

(62) "Title I," Title I of the Clean Air Act Amendments, provisions for attainment and 

maintenance of national ambient air quality standards; 

(63) "Title IV," Title IV ofthe Clean Air Act Amendments, acid deposition control; 

(64) "Title V," Title V of the Clean Air Act Amendments, permits; 

12 
(65) "Title VI," Title VI of the Clean Air Act Amendments, stratospheric ozone 

protection; 

(66) "Variance," a written authorization issued by the board to operate a minor source in 

an attainment area that is not in compliance with certain portions of the Act; 

(67) "VOC," "volatile organic compounds," as defined in 40 C.F.R. § 51.100(s) (July 1, 

2009); 

(68) "Wire reclamation furnace," a furnace that uses either direct or indirect heat transfer 

to salvage nonferrous metals through the thermal destruction of solid waste materials; 

(69) "PM2.5," particulate matter with an aerodynamic diameter less than or equal to a 

nominal2.5 micrometers as measured by an applicable reference or equivalent method; 

(70) "802," sulfur dioxide; 

(71) "N02," nitrogen dioxide; and 

(72) "Construction permit," a written authorization issued by the board or the secretary for 

the construction and operation of a new source or modification to an existing source. 

13 
(73) "Subject to regulation" as defined in 40 CFR § 70.2 (July I, 2009), as revised in 

publication 75 Fed. Reg. 31607 (June 3, 2010), in accordance with EPA requirements. 

Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from 

§ 34:10:01:01,7 SDR 4, effective July 27, 1980; transferred from§ 44:10:01:01, effective July 1, 

1981; 8 SDR 71, effective December 21, 1981; 10 SDR 68, effective January 5, 1984; 13 SDR 

129, 13 SDR 141, effective July 1, 1987; 14 SDR 72, effective November 24, 1987; 16 SDR 88, 

effective November 14, 1989; 17 SDR 170, effective May 13, 1991; transferred from 

§ 74:26:01:01, 19 SDR 157, effective April22, 1993; 21 SDR 119, effective January 5, 1995; 23 

SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999; 30 SDR 26, 

effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 

13, 2006; 36 SDR 207, effective June 28,2010. 

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-1-6. 

Reference: Standard Industrial Classification Manual, 1987, Executive Office of the 

President, Office of Management and Budget. Copies may be obtained from National Technical 

Information Service, 5285 Port Royal Road, Springfield, Virginia 22161, order no. PB 87-

100012. Cost: $31. 

74:36:01:08. Major source defmed. A major source is any source or any group of 

sources that is located on one or more contiguous or adjacent properties, that is under control of 

14 
the same person or of persons under common control, that belongs to a single major industrial 

grouping, and that is any of the following: 

(I) A major source under § 112 of the Clean Air Act defined as a source or group of 

sources located within a contiguous area and under common control that emits or has the 

potential to emit, considering controls, in the aggregate, 10 tons per year (tpy) or more of any 

hazardous air pollutant which has been listed pursuant to § 112(b) of the Clean Air Act, 25 tpy or 

more of any combination of such hazardous air pollutants, or a lesser quantity established by rule 

by the administrator of the EPA. Emissions from any oil exploration or production well and its 

associated equipment and emissions from any pipeline compressor or pump station may not be 

aggregated with emissions from other similar units, whether or not such units are in a contiguous 

area or under common control, to determine whether such units or stations are major sources; or 

(2) A major source of air pollutants, as defined in § 302 of the Clean Air Act, that directly 

emits or has the potential to emit I 00 tpy or more of any air pollutant subject to regulation as 

required by EPA, including any major source of fugitive emissions of any such pollutant, as 

determined by rule by the administrator of the EPA; or 

(3) A major source as defined in Part D of Title I of the Clean Air Act, including; 

(a) For ozone nonattainment areas, sources with the potential to emit 100 tons or more 

per year of volatile organic compounds or oxides of nitrogen in areas classified as "marginal" or 

"moderate, "50 tons or more per year in areas classified as "serious," 25 tons or more per year in 

15 
areas classified as "severe," and 10 tons or more per year in areas classified as "extreme." The 

references in this subdivision to 100, 50, 25, and 10 tons per year of nitrogen oxides do not apply 

to any source for which the administrator of the EPA has made a finding, under § 182(f)(l) or (2) 

of the Clean Air Act, that the requirements of§ 182(f) of the Clean Air Act do not apply; 

(b) For ozone transport regions established pursuant to § 184 of the Clean Air Act, 

sources with the potential to emit 50 tons or more per year of volatile organic compounds; 

(c) For carbon monoxide nonattainment areas that are classified as "serious" and in 

which sources contribute significantly to carbon monoxide levels as determined under rules 

issued by the administrator of the EPA, sources with the potential to emit 50 tons or more per 

year of carbon monoxide; and 

(d) For particulate matter (PMIO) nonattainment areas classified as "serious," sources 

with the potential to emit 70 tons or more per year ofPMlO. 

A source or group of sources is considered as part of a single industrial grouping if all of 

the pollutant-emitting activities ofthe source or group of sources belong to the same major group 

(i.e. which have the same two-digit code) as described in the Standard Industrial Classification 

Manual, 1987. 

16 
Source: List of stationary sources transferred from § 74:26:01:03, 17 SDR 170, effective 

May 13, 1991; transferred from§§ 74:26:01:06.05 and 74:26:01:06.07, 19 SDR 157, effective 

April22, 1993; 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April4, 1999. 

General Authority: SDCL 34A -1-6. 

Law Implemented: SDCL 34A-l-6. 

Cross-Reference: Classification defined, Title I of the Clean Air Act. 

Reference: Standard Industrial Classification Manual, 1987, Executive Office of the 

President, Office of Management and Budget. Copies may be obtained from National Technical 

Information Service, 5285 Port Royal Road, Springfield, Virginia 22161, order no. PB 87-

100012. Cost: $31. 

74:36:01:15. Regulated air pollutant de:fmed. A regulated air pollutant is one of the 

following: 

(1) Nitrogen oxides or any volatile organic compounds; 

(2) Nitrogen dioxide, PMJO, 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; 

17 
(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; er 

(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. 

Source: 19 SDR 157, effective April22, 1993; 21 SDR 119, effective January 5, 1995. 

General Authority: SDCL 34A-1-6. 

18 
Law Implemented: SDCL 34A-l-6. 

CHAPTER 74:36:09 

PREVENTION OF SIGNIFICANT DETERIORATION 

Section 

74:36:09:01 Applicability. 

74:36:09:01.01 Prevention of significant deterioration permit required. 

74:36:09:02 Prevention of significant deterioration. 

74:36:09:03 Public participation. 

74:36:09:02. Prevention of significant deterioration. For the purposes of this chapter, 

the state's definitions and requirements for the prevention of significant deterioration are those in 

40 C.F.R. § 52.21 (July I, 2009), as revised by EPA in publication 75 Fed. Reg. 31606 and 

31607 (June 3, 2010), except for 40 C.F.R. § 52.2!(a)(l), (a)(2)(iv)(e), (a)(2)(vi), (b)(2)(iii)(h), 

(b)(3)(iii)(b), (b)(3)(vi)(d), (b)(32), (b)(42), (b)(55), (b)(56), (b)(57), (b)(58), (f), (q), (s), (t), (u), 

(x), (y), (z), and (cc) (July 1, 2009) with the following differences: 

19 
invalidating EPA's regulation of greenhouse gases for any reason, the regulation of greenhouse 

gases by Article 74:36 are void as of the date of such administrative or judicial action and shall 

have no further force and effect. 

Source: 19 SDR 157, effective April22, 1993; 21 SDR 119, effective January 5, 1995; 30 

SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 33 SDR 43, 

effective September 18, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 

28,2010. 

General Authority: SDCL 34A-1-6, 34A-1-18. 

Law Implemented: SDCL 34A-1-18. 

CHAPTER 74:36:20 

CONSTRUCTION PERMITS FOR NEW SOURCES OR MODIFICATIONS 

Section 

74:36:20:01 

74:36:20:02 

Applicability. 

Construction permit required. 

74:36:20:02.01 Initiating construction prior to permit issuance. 

74:36:20:03 

74:36:20:04 

Construction permit exemption. 

Emission unit exemptions. 

22 
74:36:20:05 

74:36:20:06 

74:36:20:07 

74:36:20:08 

74:36:20:09 

74:36:20:10 

74:36:20:11 

74:36:20:12 

74:36:20:13 

74:36:20:14 

74:36:20:15 

74:36:20:16 

74:36:20:17 

74:36:20:18 

74:36:20:19 

74:36:20:20 

74:36:20:21 

74:36:20:22 

74:36:20:23 

74:36:20:24 

Standard for issuance of construction permit. 

Timely and complete application for a construction permit required. 

Required contents of complete application for a construction permit. 

Applicant required to supplement or correct application. 

Permit application -- Completeness review. 

Time period for department's recommendation. 

Public participation in permitting process. 

Public review of department's draft permit. 

Final permit decision-- Notice to interested persons. 

Right to petition for contested case hearing. 

Contents of construction permit. 

Administrative permit amendment. 

Procedures for administrative permit amendments. 

Reopening construction permit for cause. 

Procedures to reopen construction permit. 

Construction permit does not exempt from other requirements. 

Expiration of a construction permit. 

Notice of constructing or operating noncompliance-- Contents. 

Petition for contested case or alleged violation. 

Circumvention of emissions not allowed. 

23 
74:36:20:02. Construction permit required. A person may not construct, install, 

modifY, or operate any source or unit likely to cause the emission of air pollutants into the 

ambient air or any equipment that prevents or controls the emission of air pollutants into the 

ambient air until a construction permit has been issued by the board or the secretary, unless it 

meet the requirements in§ 74:36:20:02.01. 

Source: 36 SDR 207, effective June 28,2010. 

General Authority: SDCL 34A-l-6, 34A-l-21. 

Law Implemented: SDCL 34A-l-21. 

74:36:20:02.01. Initiating construction prior to permit issuance. The owner or operator 

of a new source or modification to an existing source may initiate construction prior to issuance 

of the construction permit by the department if the owner or operator meets the following 

requirements: 

(1) The owner or operator has submitted a construction permit application to the 

department in accordance with§ 74:36:20:06; 

(2) The owner or operator has submitted a notification to the department of its intentions 

to initiate construction prior to issuance of the construction permit five working days before 

initiating construction; 

24 
(3) The new source or modification to an existing source is not subject to chapters 

74:36:09 or 74:36:10. The provisions in chapters 74:36:09 or 74:36:10 remain applicable until 

the new source or modification to an existing source legally obtains a construction permit with 

federally enforceable conditions which limit the sources potential to emit below the applicable 

thresholds in chapters 74:36:09 or 74:36:10; 

(4) The new source or modification to an existing source is not subject to § 

74:36:08:03.01. The provisions in § 74:36:08:03.01 remain applicable until the new source or 

modification to an existing source legally obtains a construction permit with federally 

enforceable conditions which limit the sources potential to emit below the applicable thresholds 

in§ 74:36:08:03.01; 

(5) The owner or operator must assume any liability for construction conducted on a 

source before the permit is issued and in no case will the applicant be allowed to operate the 

equipment in any way that may emit any air pollutant prior to receiving a construction permit; 

(6) The owner or operator must cease construction if the department's evaluation 

demonstrates the construction of the new source or modification to the existing source will 

interfere with the attainment or maintenance of a national ambient air quality standard or 

increment; and 

(7) The owner or operator will be required to make any changes to the new source or 

modification of an existing source that may be imposed in the issued construction permit. 

25 
Source: 

General Authority: SDCL 34A-l-6, 34A-l-21. 

Law Implemented: SDCL 34A-l-21. 

26