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 251h day ofJanuary, 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 ofthe 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, 

# 21t1t{_C/

# m~e jtrl/2; Lita L. Magedanz 

# p Senior Secretary Air Quality Program EnclosureMagedanz, Lita HuronPlainsman-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 ofPublication STATE OF SOUTHDAKOTA} ss Collflty ofBeadle 

## RECEIVED MAR 08

## 201f AIR QUALITY

PROGRAM
I Kim Davis, do solemnly swear that I am the**Le~;al Advertisin~;**  Coordinator ofthe HuronPlainsman, printed and published at Huron, in the state ofSouthDakota, and that from my own personal knowledge and reference to the files of said publication, the display advertisement for: SO ENV. & NAT. RES. -waspublished 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

Subscribedand swornto before me this 7t!:Lday ofMARCH
.. 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 ofSignificant Deterioration, arid 74:36:20.., ConstrUction Pennits'for New Sources or Modifications. ·

·lhefederal Environmental Protectl9n Agency {EPA)**adopte~· ~vis_ions** to .its**~re** Signlflcant Deterh?ration and Trtle.V air quality permit**program~.**refer{ed Greenhouse GasTailoring 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 ofSignificant Deterioration permit as Of**~.2.** 2011 and/orTitle Vairqualitypermit as ofJuly 1, 2P11. 'Greenhouse g8fies

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

### ::Jm'.**~-~'"•** and sulfur hexafluoride. South Dakota isappealingthese revisiQns adopted by.tP.and other regulations associatedwith greenhouse ·gases. ,**~ief:feci** ofthe 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 oragainstthe**~~:1~~:' ·:~•:nd~~~~~~•~n** **ts~m~;"Y~** do so by appearing in Person

### aithe 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. Afterthe hearing, the Board of Minerals of Environmentwill consider all**~ritten** and oral comments it .receives on the proposedamendments. The of Minerals of Environment may modifyoramend a proposed rule atthattime include orexclude matters tt)at**~re** described in this notice. ! • .. Notice isfurther given to individuals with disabilitiesthatthis hearing is being held in a-physically accessible. place:. Please notifythe department at least 48 hours before the.publlc hearing ifyou have a disability for which special arrangements must be made at the hearing. The .telephone numberfor 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 orfrom 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. Ifyou have any questions, please contact this office at (605) 773-3151. Sincerely,

# Ji)~o(f)1fjef0fy Lita L. Magedanz / Senior Secretary Air Quality Program EnclosureMagedanz, 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

1r ' AFFIDAVIT OFPUBLICATION 

### AFFIDAVIT OF PUBLICATION STATE OF SOUTH DAKOTA } }ss. County ofLake }



## .......................**ISa.E~.~**

## ..**~!!'.i.t.~**

### ...................... of the City of Madison, County of Lake, State ofSouth Dakota, beingfirst duly sworn onoath, deposes and says: Tbe Madison Daily Leader is a daily legal newspaper ofgeneral 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 ofthenotice hereunto attached,andhas during all ofsaidtimehad, and how has, more than 200 bona fide subscribers; that the undersigned, the affiant, is the
..................**~.~~!.~!.~!Y.** 

### .................. ofthesaidnewspaper, in chargeoftheadvertising department thereof and has personal knowledge of all the facts stated in this affidavit and the advertisementheaded



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## .............. Mrinted copy ofwhich hereunto attached, was printed and published in the said W'ewspaper for
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### .............. successive weeks, once each week and on the same day oftheweek, onthefollowing dates, to-wit: On
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........... being the full amount ofthe fees for publication of the attachednoticeinures solely for thebenefit ofthepublisherofthe said newspaper; that no arrangement or understanding for a division thereofhas been made with

# ===~:J22_k"''::=': Subscribedand sworn to before me this
..........

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# ~.....**+~:;** )C:,O::/i:/ly; nrr: .. :v: F)J'Jit+ Notary Publicl Lake County, South Dakota Madison DailyLeader 1M

PublicationFees

---- $
......................... NotaryFees------$
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......................... Received Payment,,., .•

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. . . 

### , r· NOTICEOFPUBLICHEARING · . . . ···.· ,;, 

# l;·'**,;Bpa~** of

# Mi),e~s of

# E~vi~lllllent ,,,Ym hold a

# p~blic hearlng

# iii the

# ~tthewErivil-onnierital

# Educatio~ mjd

. W.Center,523EastCal>iiolAvenue,Pierre;SquthDakota;onFebruary17th;2()11, 1:00PM 1central**standardithn~,** i . .**~p,sider**thepropose,d amendments.to**arti~le** 74:36.by.·revising chapter74.:36:01-.'De'liniti.pns., 74:36:09**~Pre.** ve;mlln ' ·ofl>igl\ificantDeterioration, and74:36:20'- ConstrUctionPermits.forNew SourcesorModific!ations.
. . : · ...

..• •··. '
..

# ~.**>~deral**EnV!. ·ronm.ental ProtectionAgency (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 thresholdfor when a businllSS is •• ,**ui~** to obtain a Prevention ofSigni(icalit Deterioration**ri!>':"ll~** as ofJanuai-): 2, 2011 liridl?rTitleVair <Jt!Ol)cy

-**-~~.**It a.s. ofJ.uly 1,**201~.** Greenhou ..se·gases consist ofcai'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·greenhousegases. · , · ,. - · . · ·· · . : · 1 ;-; ,_j,. G

. - . ' , •. , • . " 

### .·•**~·.** 

### 'leffectoftheproposed staterulesisasfollows: Withoutwai\lingtheStateofSouthDakota'srights

## to appealthl>v81'-
..

. '.'·igsgreelih.·ousega.s regulationsthathavebeen-issued.byEPA;thepro·po·.sedst;lte. rule
.. s,would
..adoptEPA:.'s Greenl;I.O OIUse •' · loring Rule. :The reason for the proposed state rides is to ensure that new businesses and existingbusinlisses

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

### ·:~lieprop,o;,ed revisions to 74:36:20 willallowcertain

### b~sinessesto startcoristruc,tionbeforethe

### eonstruction~itis
.. ,.**:i~ed** opcetl)ey have**~atis~edthe**proposedrequirements..However, theb)l.sinessisnotallowed.tostartoperation'uilti!**'_r.:~~ con~tructio'l**  permitIS**ISSue~.** · ·. · .·. · . . · · . . .·· .• . ..· · • . . · ' '

### ~on~ interested inpresentingdata, opinions, and;n-gumentsfororagailll!t'theproposed amendments ll)ilydoil<)·by ,

.apll"'l"inflin person atthehearingorby submittingwritten commentsto.the personanda(!dress noted asfollow5: ·.·' 1, ' ' • _, ' ' ' ' '--, ' ·.i•/ E.YrikRombough,Natura!'Resources**Engine~**ringDirector · · . · .

. ,' i SouthDakota DeparbnentofEnvironmentandNaturalResources

, ,:,; 523 EastCapitol,Joe Foss Building Pierre, South Dakota 57501 !; ,/ •· • . ' ' .**</~:jtten**commentsinlll!tbereceivedby.close ofbusinessonFebruary 16, 2011, tohe**conside~**.. iAI'terthe**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**~~** .. oardof.Minerals.ofE:nvironm
..en.tlllay.modifY oram.·enda propoBejl. I1Ile.a.tth.attimeto.· include.or!, eX:cludemattei:Sthataredescribedinthisnotice. ,'. • • , , I .I' ,• , ·, • ... ·- ·, 

### :Jo'i ,'. , Notice

### i~ furthergivim to individuals with disabilitiesthatfhis hearingis beingheld ina

### p~icillly acce!lSible place. ; Please notifY the dei>ar!ment at least 48 hours hefore,th(i1public hearing ifyou ltave a disabilicy for which speciill arrangementsmustbe made atthehearing..ThetelephQne numberformakingspecial arrangementsis(605) 77:h'l151.

' - ' '.' ' ' J ' • ' • ' '- - : • ' '- ' Copies ofthe proposed rules maybe. obtained,without chargeby callingLita Magedanzat(605) 77:h'l151 orfrom 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. Ifyou have any questions, please contact this office at (605) 773-3151. Sincerely,

# If)~ 

# Jt171

# fjed?M~ Lita 

### L. Magedanz 

# ! Senior Secretary Air Quality Program EnclosureMagedanz, 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

1AFFIDAVIT OF PUBLICATION
STATE OF SOUTH DAKOTA ) 

### )ss COUNTY OF DAVISON ) 

### RECEIVED 

## MAR 0 72011

AIR QUALITY

PROGRAM

Allllette Kroger, ofsaid 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 ofMitchell, in said County ofDavison, and State ofSouth 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 ofSouth 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 ofwhich, 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 saidnewspaper for _1_issues(s), to wit: 1-25-11, 2x8.50 DISPLAY ADVERTISEMENT-SD Dept of Environment Air Pollution

That the full amount ofthe fee charged for the publication ofthe 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 thereofhas been agreed to be paid to any person whomsoever, that the fees charged for the publication thereofare $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 CommissionExpires: 

# q**-15-atJ/~** Preparedby: The DailyRepublic, P.O. Box 1288, Mitchell S.D. 57301 605-996-5515•·ARTICLE

### 74i36- AIRPOLI:.UfiON

. ' CONTROLPROGRAM·. NOTICE OFPUBLIC HEARING TO REVISE RULES ' The'.Board ofMiner3.ts ofEnvirorunerit·wm·'hOld:a public hearing' in the Matthew En:vironinental EdUcation

## and TrainiilgCenter. 523 East CapitolAvenue, Pierre,**~outh** Dakota, oliFebruary 17th, 20II, 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 ofSignificant Deterioration, and 74:36:20- Constn)ction Pennits for New Sources orMOdifications. · · 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·ofJanuary 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 ofthe proposed state fllles is as follows: Without waiving: the: State ofSouth Dakota's rights to appeal the various greenhouse gil& regulations that have been issued.by EPA, the proposed State.
·**rul~s** wouldadopt 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 lookingto**exp~d** arepermitted 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 inpresenting**dat~** opinions, and arguments for or against the proposed amendments may do soby appearing

### in:**~,a** at the hearing orby submitting written**comme11;~** to the person. and address noted as fQllows:

Kyiik Rombough, Natural Resources Engineering Director

.SouthDakota Deparlinent ofEnvironmen( and NaturalResources ';23 EaSt Capitol;Joe Foss Building ' '
. · Pierre, SouthDakota 5750I '**Wri~nl.~omments** inust be receivedbycloseofbusiness on·February 16, 20Il, to be considered
.. After the hearing, the Board ofMiDerals 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 orexclude ·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 ifyou 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 oftl)e proposedniles maybeobtained without charge by call-· ing Lito Magedanz at (605) 773-3151 orfrom the following weilsite: http:Hdenrsd.gov/des/aqlairnrogr.aspx

# 2~ sfeven M. Pinter Secretary**Pub~edonce** atthe t(_)tal**-~ppr~xi.J,ria~- ~-~st** **~?f** 

### RECE!\/ED 

## MAR 072011 AIR QUALITY

PROGRAMDaily 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 ofthe 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 EnclosureMagedanz, 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 0320\1

AIR QUALITY

PROGRAM 

# pitnl Jjnurnnl

AFFIDAVIT OF PUBLICATION State ofSouth Dakota, CountyofHughes 

# Q \,!\_

### C\.. 

# 'fJf' V\ {)\ 

# R of said county, being, first duly sworn, on oath, says: That

### h~ the publisher or an employee ofthe 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 ofthe 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 ofHughes and State ofSouth Dakota for at least one year next prior to the first publicationofthe attached public notice, and thatthe I alldisp dvertisementheaded**·,c__\~/** 

## '.

- ' ·. 

# \v-..+· • ro \'

### o+"~ '\' Xl 

### v ("' a prime copy ofwhich, taken from the paper in which the same 

### was published, and which is hereto attached and made a part ofthis 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 ofthe fee charged for the publication ofthe attached public notice inures to 

### the sole benefit ofthe publisher or publishers; that no agreement or understanding for the division thereofhas 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 thereofare: 

### $2 "6

### ~'-,

## C5

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

### subscribed and sworn to before me this
_ _,_1
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### , WWW.CAPJOURNAL.COM 

# AREA/STATE l\JESDAY, JANAURY25,2011 • A3

DAHCINII WITH THE STARS 1110!1 KIIYII Pocllop &ChaMsGage_b)'

Ages:J.7,U While PoohOp and Gageby enJ"'i !tinging out wtlll their Men$. aanclng Is sometf!lng they IKittl ell]oy doing. Pocllop works In 1be :summer at Klein's Oftlee Plus and Gagetywork$atPier347.

Pochop Sllld she dedded m partlcip$e In dJnclng wll:ll th:e su.rs**lact~usuhe** knew Ifwas 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 moneytara 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 andthe 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'sa**~tlficu~** process,• Poohop said:**·~~K** Is denntte!Y the more**~reattte,** edgy ofthe two ofusandI 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&rtime. Slit 1s a presChool aide atSs. Petarand Peul P"'sChooL

Brekl<e elljCI'jS gotlln&**V<>lleybal~** htlnllntand :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 hasall\ll(l$ adml"'dthe work01 United Way.

'.1 am all\ll(l$·game·lw a mtla blt-01**publ~·homlll~** tlon,' Brakkeuld 'Actually, I"have alwaysadmired the greatwo!kthMtheUnited Way has<lone lor our<»mrri<t nrty and IWllntad tosupporttll<!lrfUndralslng efforts.•

lslarrg"s dllnee hlstoiY Is a little more extensive than Brakke, as &he otarted dancingwhen she**wt~s** 6, bill II didn'tb&come herpasston urrt!l she.wuolder.

lsburg &rudle<l dnce attheJudy Ray SchoolofDanee 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 aftercollage 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 ehair**m~n** also will he honored.

The annual awards to be presented include; Supporterof!heYear toSt. Mary'sHealthcareCenter; Spirit of United Way (Busine") to BonkWest: much beltflrrttylhmtllan me,• Brakke $!lid, EmllyZareck)' &Zilch Cieri< Age: 24,31 Zereck)' llkas to spend her tree time hanging out with friends andfamily 1111d spending time 1rave11ng at the beaCh. Slle lliOI'ed bockto 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 withthemrsandwllen askedto be**lrwotve11llgt~ln** Hid shewashappyto.

"The United Way lall wonderfUl organiZIItlon and1h_b Isa blgftmdltiS&rforthem," Clark Sllld "Solam happy 1l:>do_mypa11.'

Zllreckydaneed fDrSanth'llOanceSWdio.loralxlut12 years end WllS on 'the Plerrotte'll donntellm torthree years In high sChool While Clltrkdoesn'thliVI! any dono InS**beekgr<>~~nd.**

"fm gomg to try and push Zaeh out ol his comlorl zona andfind**~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)Wsereatlngnew donee teChniques In AameiiQO and hopesto worl< as a dance tnstruetor.

Demaray,**o~glnallylrom** Salem;hasbeenworkingthe past lewyears at PerTOrmton(:jl Dllta center, LLCutile assiStlnllnformatlon systems manager.

Pe- sal.d she agreed to <lance with the stars be011use he·enjoys denclngandDerrrareywante<ltohelp oUI United Way**on~** dosomething be 11onnally**lo'«<Uidn~** hiMI done.

Pe- was a <18nee Instructor In Russia where sloe tauglttFlomeneo**d~~nclngf<>rtllree** yellrswhlle Demaiay doesn'thsvaa <lanelng backgl1tllnd.**Dem~~ray** Sllld :he Is nelted to t1y proluslonol**~** donee.

•1 haw nevet deneed or PartO:Ipeted ln a benent like this beforeandwlll.l>e eu:ltad tolind out haw**un..,ord~** nated Inanyam.· Demaray said

lltfeJIYSIO<Iser&NO:kFO$rliiSS Age: 29, 32 For tun, Stoeseren)CI'JSspendlngtimewith herlamlly, She worlls for tile Division ol**C~minal** Investigation In the Forensic Lab.

Fosness en}o)$1la!llng, hunting lind chasinghis 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 Isfore good =-·

'My d11)'5 ol dancing on stage should be long gone; Stoesernkl: FO$rless sald 1>o agreedtodonee because**~Is** a_great Wily'toM lnvoll'ei:lln raisingfUndslorUnltadWoy.

"I kissed ll pl£forthe Amtlican can.:erSoeletY alew yearsego,• Fosne:ss said "Sol'm·dn, and denclngwlth lltfeny Is much·more elegem; Ulan the plg**~e~enee.•**

Stoeserwas Involved In dance growing up en<!**oonll~>­** ue<llhrnugltollt cOllege bydartclngon hercollage dance teem, bUI FOSiless hes•zero. unlessyou Include 'Wtton aye**J~·.** the lawnmower. chalnsawend 1tle**sp~nk!er.•**

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

'Its """'"""'rd dancing In the same stlldio where my deugtrtorsdance,· Fosnesssaid "I normallyslmplyplok them up; and nowl'm leainlngsteps.'

EU:abeth Zanln &Jasper DesLauriers**~.goo** 38, 24 Zanln e'l)Oii; spendingtime with n·er "l>eaulllul" 1amlly. Slle Is anmessln!llruc:toiatllifYMCA.end sht also owns hor _,dancestudio, Pl&rre Dancoklld•my.**Oestau~ets** enjoys traYellng, tam!IY; trltncl!l and her do& fl'. She Isthe execlltlve <llreotor ofYouth BuslntSil Aavenwretorthe Solltlt Dllkota ChamberofCommell>'t and lndustl) aswen asteachingdance 111 Pierre Dance Academy.

This JsZanln'llloulthyeardologt"IWI"S. "It IS a vel)' nlee**o~perlence** end the most lmj>Oitant thlnglstohelp people,"Zanln said Deslaurle:ssaid 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 1love spendingtime 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 backtoyour community.I11Yto do thisIn liSmanyWlfiYB 81 possible:

slrabSofti>OIISCheln & PlltDurkln At,e:34,(neeoret) SonnensChein**~as** been teaehlog dance lor U :rears: and liasdancedshe was 3.**Sh~** enjoys 'Joelplng" onthe raneb and hanging out with her OhiJdren. SonnensChein Is the otherancfdanceleaCher81Serah"s Dan<>l! studio.

Durldn elljoys plll)llng golfWhen weathar permitsand hangingwith hisfamily. He hasworked at**Ptoi~e**Tra_dera for3Dyears

Oanelnglsa "part ofSom>enseheln'severyday IHe. She**alsOwt~nted** to help 1111H moneyfor Unllad Way. Durkin admitstheonlydancinghedoes !sattho HopS<:e>lch. He**wt~nted** tohelpUnited W1f1Yand have $1lme futl.

Evt>n though Durkin doesn't hiM> a danCing bockground Sonnenscheinspeak& highlyof 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 TheBoardof MineralsofEnvironmentwill hold a publichearinglntheMatthew 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 -ConstructionPermitsfor NewSources 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;UnitedWayPartner 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 ofcarbon dioxide, nitrous oxide, methane, hydrofluorocarbons. perlluoroc.arbons, and sulfur hexafluoride. South Dakota is appealing these revisions adopled by EPA and other regulations associated with greenhousegases. The effect of the proposed state rules is as follows: Without waivingthe Stale of South Dakota's rights toappeal the variousgroonhousegas 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" ofdancing 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 KirstenJasper. Brad Curtis will tntCM the ev<nt. Whilejudges 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 beforethe eortslruction permit is issuedonce they have sati!:liedthe proposed requirements. However, the business Is not allowed to start operation until the construction permit is issued. Persons interested in presentingdata, opinions, and arguments lor or against the proposedamendmentsmaydo so by appearingIn personatthe hearingor bysubmittingwriltert commentsto the person and address notedasfollows: Kyrlk Rombcugh. Natura!Resources Engineering Director SoUih Dakota Deparlmelll ofEnvironment and Natural Resources 523East Capitol, Joe Fossllullding Pierre, South Dakota 57501 Written comments mustbereceived by doseol businesson 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 rulealtha!timeto includeorexclude matters that are described in this notice. Noticeis furlhergiven tc ir>dividuals**w~h** disabilities thatthis hearingis 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 arrangementsmustl>e madeatthehearing.Thetelephone numberlormaking special arrangements is (605) 773·3151. Copies of the proposed rules may be obtained without charge by calling Lila Magedanz at(6DS) 773·3151 orfrom thefollowing**webs~e;** httpV/denr.sd.gov/des/aq/alrprogr.aspx

Publishedonce attheIctalapproximate costol $288.90. The compelling facts underscore the stmJgthof newspapers: 69% of adults read a daily newspaper in the past 5 days.**~~~=:.:::.....-=::** 605.224.7301Rapid 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 251h 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. Ifyou have any questions, please contact this office at (605) 773-3151. Sincerely,

# ~iv1flJ!a~fj7 Lita L. Magedanz Senior Secretary Air Quality Program Enclosure

I JMagedanz, 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 

## 022011

AIR QUALITY

PROGRAM



## TO I 

# ' d
..**~** 

# U in the Matthew 

# s .ereg . e, Pierre, South



### . · )erthe proposed sufferedan tion**Ac~ tl1~t** 'Ons, 74:36:09

- thusshielding)ermits for New ifice, he abruptly !corporatemoney 

# I guys whohadfinancedhiscongressionaloppositioninan ' efforttopurchase

### a second ·term. Inhisrecent Wall Street journalop-ed

• arack veered ydown rse, trumpetinghis 1r "to removeout- >nsthatstiflejob 1akeoureconomy ve!'**~d**tile same ra- !SedbyClinton doff.onthe gulationlegisla- !shedtileWall latendedupbeing •-killer sincethe ion. past) sevenyears, ,omodernizetile**~ton**entllusedas 'inancialServices 1Acttllatrepealed egislation, odaywhatweare mizingthefinandustry,tearing tlquatedlaws and ;significantnew demizingwastile nstant,asinthe 1turesModemizativesfro!'l any 1 lation. Thatderegto its Prevention concedesinJi1erred to as the

. to"alackofpls as a regulated

transparency 1 iness is required thecollapse o/011, and/orTitle ketsandafulln dioxide, nitrous ButObama**n~fluoriQe.** South hisderegulan'
.associated with more sensibl
. wrotetllathe. e State ofSouth plishtllisreva\, been issued by putfrom expelule. The reason ordinarycitiz businesses look· mindhistwo House advise
. . · most

## effec~¥.**:~~~~~s:~~~;~e~** tllose spec•a! nstruction permit 'IbmDoni! tiona! securi WashingtonI against the pro- , housingbehe submitting writ· whichwillco · $700billionb
. ketingof**toxi~ ma'snewchi~s**  Daley, was**til~** representative flictedJPMorl!y 16, 2011, to be arethe**folks,~**consider all writ· oilierWall Str!:trd of.Minerals of**administratio~o** or exclude mat· tilelatestupdl

Lita Magedanz Street 

### LETTERS TO THE Mail: Rapid CityJournal, City, SD 57709. Phone: 394-8427

# ~ffibabit 

# off}ublication
STATE 

### OF SOUTHDAKOTA 

### County of Pennington 

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

### beingfirst duly swam, upon heroath says: That she 

### is now and was atall times hereinafter mentioned, an employee ofthe RAPID CITY 

### JOURNAL COMPANY, a corporation, of Rapid City, South Dakota, the ownerandpublisherof the RAPID CITY

### JOURNAL, 

### illegal and daily newspaperprinted andpublished in Rapid City, in said County 

## ofPennington, and has

### full 

### and personal knowledge ofall thefacts herein stated asfollows: that said newspaper is and at all 

## ofthe times herein mentioned has 

### been a legal and daily newspaper with a bonafide paid circulation ofat least Two Hundred copies daily, and has been printed and published in the English language, atand 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 privilegefor at least one

### year prior 

### to the publication herein mentioned; that the advertisement, aprinted, copy ofwhich, takenfrom said RAPID CITYJOURNAL, the paper in which the same waspublished, is attached to this sheet andmade

### apart 

## of this affidavit, waspublished in saidpaperonce each------""="'------ for --'---"-''"""'-----successtve**--~--""=K---~** 

### the first publication thereofbeing on the
___ __J;t"-'""e""a'-"iJY.'-"-..:;f"-'·ftl..a:· "--- 

### day 

## of e?tJ/( 

### ,that thefees 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 

# ofl3ublicatfon
STATE OF SOUTHDAKOTA 

### County of Pennington ss.

__,_P_,a.,__,h_,_r_,_,i'"'""-"-·a
__

### LLL~-**u;ik:'"'"n"--'-'P"'.-""f-6-"'eo'-'--------~·** beingfirst duly sworn,

- upon her oath says: That she is now and waif at all times hereinafter mentioned, an employee ofthe RAPID CITY 

### JOURNAL COMPANY, a corporation, of Rapid City, South Dakota, the ownerandpublisherofthe RAPID 

### CITYJOURNAL, iz 

### legal and daily newspaperprintedandpublished in Rapid City, in said 

### ' County ofPennington, and liasfull and personal knowledge ofall thefacts herein stated asfollows: that said newspaper is and at all ofthe times herein mentioned has 

### been·a legal and daily newspaper with a bonafide paid circulation ofat 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 admittedto the United States mail under the second class mailing prim1egefor at least oneyear prior to the publication herein mentioned; that the advertisement, aprinted,copy of which, takenfrom said RAPID CITY 

### JOURNAL, the paperin which the same waspublished, is attached to this sheetandmade apart 

## of this ajfidilVit, waspublished in saidpaperonce each ----"'=IS_

__ _ 

### for ----''-----=n"""--"---------- 

### successiVe**--'---------""'""""'----~** 

### the first publication thereofbeing on the
___**___Jt--"'"'""~na.~'7-'--''**- 

### 7-&cz-H;zzh2.__ 

### day of j - p?iJ/( 

### ,that thefees 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

## 220!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 022011

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 thepmposed 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 adisabHi_tyfo_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 advertisementfor 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 ofthe 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 EnclosureMagedanz, 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

1CUSTOMER 

## Argus Leader NUMBER' 43815 INVOICE NUMBER' 244355 P.O. Box 671349, Dallas, TX 75267-7349 RUN DATES' 1125,2011 I I Amountl$1,020.60 Lita Magedanz Dept ofEnvironment & Natural Resources Division ofEnvironmental Services Office ofAir 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: ThatThe 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, SouthDakota; that affiant is and during all ofsaid times, was an employee of the publisher ofsuch newspaper and has personal knowledge ofthe facts stated in this affidavit; that the notice, order or advertisement, a printed copy ofwhich 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

# ~} &•:titJillbfr'lt/Jo$1!/•t f:JI

### ;.t,+ 

### RECEIVED 

## JAN 2

## 72011

AIR QUALITY

PROGRAM 

### RECEIVED 

## JAN 2

## 72011 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 apublic hearing in '


### ,**ll.ii.e.~** 

### . ew Envirimmenta.l Educaijon and Training Center, 5.2·3East ' Capito '.venue, Pierre,$outh Dakota, on February 17th, 201.1,1:00

PM, central.standard time,.to considerthe**~roposed** amendmentsto 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 Permitsfor New Sources or Modifications. •·

, Thefederal Environmental ProtectionAgency (EPA) adopted revisions

, to its Prevention of Significant Deterioration and Title Vair quality. I permit programs referred to as the Greenhouse GasTailoring Rule.

The revisions establish greenhouse gases as

## a regulated'airpoilutant ' and agreenhouse gasair emission threshold forwhen abusiness Is

requiredto obtain aPrevention·of Signifimint Deteripration permitas
1 illJanuary 2, 2011 and/orTitleV airquality permitas ofJuly 1,2Q11. • Greenhouse gases consist ofcarbon 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 businesSesto start 1:9nstructlon beforethe construction permit is issued oncethey have:satisfied the proposed-requirements. However;the buslnessis•
. notallowed to startoperation 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 asfollows: 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. Afterthe hearing,the Board of**Minaral~** of Environmentwill considerall written and or!il com"'e.nts Hreceives on the proposed amendments. The Board of Minerals of Environment miiy modify or amend aproposed rule at tliattinie to**lnclu~** or exclude mattersthat are described in.this notice. Notice Isfurther givento Individualswith disabilitiesthatthis hearing is being held in a physically accessible place. Please notify .!he department at least 48 hours before the public.hearing ifyou 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.
. . . .

.

## ~~~~!)/theproposed rules

## maybeo~min~d**withoutcha~e**bycalling

·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 251h 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 ofthe 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 EnclosureMagedanz, 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 ofPublication STATE OF SOUTHDAKOTA: COUNTY OF LAWRENCE: RECEIVED 

## JAN 2 8 201!

AIR QUALITY

PROGRAM

LetitiaLister ofsaid County and Statebeing first duly sworn,

.onher oath says: Thatthe BLACKHILLS PIONEERis a legal daily

newspaperofgeneral circulation, printed and published inthe City of Spearfish, in said County and State by Letitia Lister, and has been such a newspaper during the times hereinaftermentioned; and that said newspaper has a bonafide circulation ofat least 200 copies weekly, and has beenpublished within said County inthe English langtiage for at least one yearprior to the first publication ofthe notice herein mentioned, and isprinted in whole orinpartin an office maintained atthe place ofpublication; and that I, LetitiaLister, the undersigned, amthe Publisher ofsaid newspaper and have personal knowledge ofall the facts stated inthis affidavit; and thatthe advertisement headed:

copy is hereto attached, was printed and published said newspaper for 

## I**succes~** consecutive weeks, the first publication being made onthe ay of 

# Jan. ,**~oil,** and the lastpublication on the day of thatthe full amount offees charged for publishing same, to-wit: The sum of 

### $ 

## 310.S'D, insures solely to the benefit ofthepublisher ofthe BLACK IDLLS PIONEER that no agreement or understanding for a division thereofhas beenmade with any person and that no partthereofhas been agreed to be paid to any otherperson 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,AiNGTO 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** 74:36 by ·**revisj~g chapt~i**  7 4:36:o1 -**Definitio~~·** '74:36:09,**~** 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.permifprQ**gram~** refE!rred to '!$ the Greenhous,e Ga$ Ta:ilorin·g Rulj>. The ·revisjons. esl!iblish greenhouse gases as a**regul~ted** airpollutantand 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 ofthe proposed state rules is as follows: Without waiving the State of Sou!h Dakota's rights to appeal the various greenhouse gas 'reg-

. .sthat 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 orby submRting written C9mments lothe 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 mustbe 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 indude orexclude 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 ifyciu have a disability lorwhiCh 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 olthe 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 251h 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 ofthe 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 EnclosureMagedanz, 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 OFPUBLICATION
STATE OF SOUTH DAKOTA COUNTYOF 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 ofsaid times was an employee ofthe publisher ofsuch newspaper and has personal knowledge ofthe facts stated in this affidavit; that the notice, order or advertisement, a printed copy ofwhich 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 ofthe fee charged for publishing the same, including a .5.00affidavit fee, to-wit, the sum of$272.00 insures solely to the benefit of W'epublisher ofsaid newspaper; that no agreement or understanding for the division ofthe fee has been made with any person, and that no part ofthe fee has been agreed to be paid to any other person.

Subscribed and sworn to before me this 25thday ofJanuary. A.D. 2011.

(Seal)

# ~-j.J**~** ...., NOtarYP\lblic, South Dakota My commission expires February 28,2014

### Watertown Public Opinion AFFIDAVIT OFPUBLICATION 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:ofSignificant 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,aridTitle'V airq'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 ofJanuary 2_, 2011 and/orTitle 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 toappeal 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 -foror**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~**Thetelephone numberfor makilig special arrangements·is (605) 773-3151:
. . .. Copies ofthe 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~** 

## _o0

.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 advertisementfor 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 ofthe 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 EnclosureMagedanz, 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

1AFFIDAVITOFPUBLICATION
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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.. - '**~** 1_ ARTICLE 74:36**-c~** POLLUTIONCONTROL PROGR.\,M NoTICE

## OFP~LIC**HEARING~** REVISE RULEs 

## I ,,

. . ,, i The'BOard ofMinerals 'dfEnvironment 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 ProtectionAgency (EPA) adopted**re~isions** to its**~vention** of Significant Deterioration.and Title V air qUality permit progranls referred toas the**Gr~nhousy G~**  ThHoring Ru.Je. The revisio*s establish greenhouse gases as a regulated air pollutan,t and a**g_~ouse** gasair emission t:hrcishold for when:al;lusiness is rfA.}uired to_obta41 aPrevention**o~ Sign~fic~Rt** Deteriorationperriutas ofJanuary 2·, 2011 and/or Title V air quality permit as of July 1, 2011.**Greetllu~use** gases consist Ofc_arbon dioxide, nitrous
1oxide, 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** ofthe pro!X>sed state rules is as follows: Without waiving the State.ofSouth Dakota's rights·to appeal the various greenhouse gas regulatiOns that have been issued by EPA, the proposed state rules wouldac;topt EPA's GreenhouseTailoring Rule: The reason forthe pro

### posed state rules is toensure thatnew businesses-andexisting 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 issuedonce they "have5aqsfied theproposedrequirements. However,the business isnot allOWed tostart 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 ofEnvironment

1 • and.Natural-Resources

523·East Capitol,Joe Foss Building ' · Pierre; South Dakota·57501 Written comments_muSt**b~** receJved by closeofbusiness on February 16, 2011, to beConsidered. Afterthe hearing, the Board ofMinerats of Environment will consider all ·Written and oral**commen~** itreceives on the proposed amendments. The fioard' of Minerals ofEnvironment may**m;~fy** or ameqd,api-opQsed rule at thattime to include orexclude**~** that are described in this**noti~e.** Noticei: iafurther given to individUals with.disabilities that thiSbearing is.**~i!l& ~ld**  in a physically accessible place. Please notify**~'depart** ment atleast48 hours before the public hearing ifyou-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.Zat. (60S)'-773w3151 orfrom the following website::

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.CODE DEPARTMENT 20 DIVISION · .. 2 PROGRAM ADMINISTRATIVEPROCEDURESACT FISCAL NOTE PreparedbySubmittingAgency

.. · ·.

. .

. NAME

. Department

### c:tEnvironment &_ NaturalResources EnVironmental SB.Nic6s ----:- . ·.· AirQuality



### . . . . BFM50.10

..

. .

..
·. 

### .
·.· PROPOSED RULE: Amendmentsto _article 74:36 byrevising chapter 74:36:01 - Definitions, 74:36:09- Prevention ofSignificant

. Deterioration, ai1d._74:36:-20--. Construction PermJtslorNe'l(_$ourdiJs or_ Modificati0[18
. . ··Hearing Date: Febf!!a,Y 17; 2011 FISCAL IMPACTSTAtEMENT: These rules have minimalimpacts to all entities. The majorityofbusinesses affectedby the Tailoring Rule presentlyhave airqualitypermits. No addiuonalstaffing orresources byDENR are needed. FISCAL NOTESUMMARY: None COSTINCREASESCDECREASESI StateAgencies:
. Firsf.Yearimpact Continuous-YearlyImpact

·

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• . .

# . . .. ... $0

. . .. ·.. ·

···. $0**~-** --:- --:-**~** --:- .

·.· . . ··. . ·.

.··. .· ·. . . .. TOTAL

. .· ·. $0 .·· . .. $0 LocalSubdivisions:

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.
TOTAL $0 $0 SmallBusinesses

TOTAL $0 $0 REVENUEINCREASES(DECREASESI Revenue Increases (Decfeases) State, Local& SmallBusiness : $0 $0



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

## ~**~~-** 

# .....

# DATE~/;} APPROVED -<:::::::::: · ' /'-.:... I 

## I 7 Signature**Dep:z~** mission Chairman ATTACH: Co Of ro osed rules· separate sections for. 1 explanation ofrules effect, i.e. whatprocedures, schedules, activities, p p p , ) etc. will change with its adoption 2) statistics used, and theirsource, 3) assumptions that were made to arrive atfiscal impact, 4) computations that were made, 5)small business impact statement RevisedJune 2004Sen. JeanHunhoff, Chair 

# Legislative Research

Council
Rep. Shantel Krebs, Vice Chair JamesFry,Director Doug Decker, Code Counsel February 7, 2011

Mr. Joe Nadenicek South Dakota Department ofEnvironment 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 ofMinerals and Environment has proposed the amendment, adoption, orrepeal ofadministrative 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 ofyour rules. Attached are your rules edited for form and style pursuant to SDCL 1-26-6.5 and directions for submitting the final draft ofthe rules. Ifyou have any questions, please don'thesitate to call me orthe staffmember 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 ofthe Eighty-sixth Legislative Session to set the tentative meeting schedule for the 20II interim. Please note that the membership ofthe committee has changed for the 20II interim. 

### A. FINAL DRAFT TO LEGISLATIVE RESEARCH COUNCIL: When the final draft ofthe 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 ofthe 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 ofoverstrikes and underscores; 3. The original Form #II which contains the signature ofthe officer empowered to adopt the rules or the signatures ofa majority ofthe members ofa board or commission which has the rule-making authority; and 4. Copies ofthe following: a. The minutes ofall public hearings, (a summary ofthe minutes ifneeded); and b. The affidavit ofmailing 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 ofthe adopted rules (three-holed punched and numbered by page); 2. The minutes ofthe public hearing; a. Include a summary ofthe hearing ifa verbatim transcript is used; b. Include a summary of any subsequent hearing ifthe public hearing is continued or final action is taken at a later date; 3. A summary ofthe written comments or copies ofthe written comments; 4. The Impact Statement on Small Business; 5. The Fiscal Note; and 6. Agency financial resource information ifthe 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 ofthe rules with the Secretary ofState'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 ofthe final draft and the certificate.

## South Dakota Sen. JeanHunhoff, Chair 

# Legislative Research

Council
Rep. Shantel Krebs, Vice Chair JamesFry,Director Doug Decker, Code Counsel February 7, 2011

Mr. Joe Nadenicek South DakotaDepartment ofEnvironrnentandNatural Resources 523 East Capitol Avenue Pierre, South Dakota 57501 Dear Mr. Nadenicek: 

# e The South DakotaBoard ofMinerals and Environment has proposed the amendment, adoption, orrepeal ofadministrative rules in ARSD Chapters 74:36:01, 74:36:09, and 74:36:20- AirPollution 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 ofyourrules. Attached are your rules edited for form and style pursuant to SDCL 1-26-6.5 and directions for submitting the final draft ofthe rules. Ifyou have any questions, please don'thesitate to call me or the staffmember who has reviewed your rule. Sincerely, 

# t**D~er**

Code Counsel DD:KS Enclosures cc: Kyrik Rombough, DENR

State**Capito~** 500East 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 ofthe Eighty-sixth Legislative Session to set the tentative meeting schedule
· for the 20II interim. Please note that the membership ofthe committee has changed for the 2011 interim. A. FINAL DRAFT TO LEGISLATIVE RESEARCH COUNCIL: When the final draft ofthe 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 ofthe 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 ofoverstrikes and underscores; 3. The original Form #11 which contains the signature ofthe officer empowered to adopt the rules or the signatures ofa majority ofthe members ofa board or commission which has the rule-making authority; and 4. Copies ofthe following: a. The minutes ofall public hearings, (a summary ofthe minutes ifneeded); and b. The affidavit ofmailing 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 ofthe adopted rules (three-holed punched and numbered by page); 2. The minutes ofthe public hearing; a. Include a summary ofthe hearing ifa verbatim transcript is used; b. Include a summary of any subsequent hearing ifthe public hearing is continued or final action is taken at a later date; 3. A summary ofthe written comments or copies ofthe written comments; 4. The Impact Statement on Small Business; 5. The Fiscal Note; and 6. Agency financial resource information ifthe 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 ofthe rules with the Secretary ofState's Office. Although it is not required by statute, the Secretary of State's Office would like to have a copy ofthe approval signature sheetwiththe filing ofthe 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 Operatingpermits 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 ofsignificant deterioration. 74:36:10 New source review. 74:36:11 Perf()rmance testing. 74:36:12 Control ofvisible emissions. 74:36:13 Continuous emission monitoring systems. 74:36:14 Variances, Repealed. 74:36:15 Openburning, Transferred orRepealed. 74:36:16 Acid rain program. 74:36:17 Rapid City street sanding and deicing.

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### 74:36:18 74:36:19 74:36:20 Regulations for state facilities in the Rapid City area. Mercurybudget 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 ofthe 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 ofsources 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. Existingmunicipal solid waste landfill defined. Physical change in or change in the method ofoperation 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 ofthe SouthDakota Codified Laws;
(2) "Acid rain permit," a legallybinding written document or portion ofa 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 ofthe 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 ofthe Clean Air Act;

3

### (4) "Administrator," the administrator of the Environmental Protection Agency or the secretary ortheir 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 ofthe emission reduction requirements or emissionlimits pursuant to Title IV ofthe Clean Air Act or chapter74:36: 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 ofoperation, orboth, and the most stringent ofthe 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 emissionrate 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 ofMinerals 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 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 ofand 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 ofa stationary source which emits orhas the potential to emit a regulated air pollutant or any pollutant listed under section 112(b) ofthe Clean AirAct;
(25) "EPA," the Environmental Protection Agency;
(26) "Equivalent method," any method ofsampling 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 thathas an approved state-issued variance or permit;
(28) "Facility," a building, structure, or installation ofpollutant-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 iftheybelong to the same major group, i.e., have the same two-digit code, as described inthe 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 ofthis term does not impede the department's authorityunder state law to enforce these limits and conditions;
(30) "Final permit" the version ofan 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 ofburning fuel or other combustible material for the primary purposes of producing heat or powerbyindirect 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 maybemade 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 ofthe waste by removing its combustible material;

8•



### (36) "Malfunction," any sudden and unavoidable failure ofair pollution control equipment
or process equipment or ofa 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 ofthe owner oroperator ofthe 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 ofa Part 70 source;
(38) "New source," a source thathas 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 ofan object in thebackground;

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 ofa 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 ofpermits 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 ofsizes;
( 49) "Permit modification," a change to a source which operates under a minor source operating permit or Part 70 operatingpermit 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) "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 ofsignificant deterioration;
(55) Repealed;
(56) "Salvage operation," an operation conducted in whole or in part for the reclaiming of product ormaterial;

11

### (57) "Secretary," the secretary of the South Dakota Department of Environment and Natural Resources or an authorized representative;
(58) "Shutdown," the cessation ofoperation ofany control equipment, process equipment,
orprocess 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 inthe air;
(60) "Source," a facility that emits ormay emit any air pollutant regulated under the Clean Air Act;
(61) "Start-up," the setting into operation ofany control equipment, process equipment, or process for anypurpose;
(62) "Title I," Title I of the Clean Air Act Amendments, provisions for attainment and maintenance ofnational ambient air quality standards;
(63) "Title IV," Title IV ofthe Clean Air Act Amendments, acid deposition control;
(64) "Title V," Title V ofthe 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 ofthe 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 ofsolid 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) "Constructionpermit," a written authorization issued bythe board orthe secretary for the construction and operation ofa new source ormodification 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 ofManagement 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

14the same person or ofpersons under common control, that belongs to a single major industrial grouping, and that is any ofthe 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 airpollutant which has been listed pursuant to § 112(b) ofthe Clean Air Act, 25 tpy or
more ofany combination ofsuch hazardous air pollutants, or a lesser quantity established byrule by the administrator ofthe 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 ornot 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 ofair pollutants, as defined in § 302 ofthe 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 byrule bythe administrator ofthe EPA; or
(3) A major source as defined inPart D ofTitle I ofthe Clean Air Act, including;
(a) For ozone nonattainment areas, sources with the potential to emit 100 tons or more per year ofvolatile organic compounds or oxides ofnitrogen 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 ofnitrogen oxides do not apply to any source for which the administrator ofthe EPA has made a finding, under § 

### 182(f)(l) or (2) ofthe CleanAirAct, that the requirements of§ 

### 182(f) ofthe 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 ormore per year ofvolatile 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 ofthe EPA, sources with the potential to emit 50 tons or more per year ofcarbon monoxide; and
(d) For particulate matter (PM10) nonattainment areas classified as "serious," sources with thepotential to emit 70 tons ormore per year ofPMlO.

A source or group ofsources is considered as part ofa single industrial grouping ifall of the pollutant-emitting activities ofthe source or group ofsources belong to the same major group (i.e. which have the same two-digit code) as described in the Standard Industrial Classification Manual, 1987.

16Source: 

### List ofstationary 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 ofManagement 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) Anypollutant that is addressed by any standard promulgated under § 111 ofthe Clean Air Act;
(4) Any Class I or II substance subject to a standard promulgated under or established by Title VI ofthe Clean AirAct; eF
(5) Any pollutant subject to a standard promulgated under § 112 ofthe Clean Air Act or other requirements established under §§ 112(g), (j), and (r) ofthe 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) ofthe Clean Air Act, any pollutant for which a subject source would be major shall be considered toberegulated onthat date; and
(b) Any pollutant for which the requirements of § 112(g)(2) ofthe Clean Air Act have been met, but only for the individual source subject to § 112(g)(2) requirement; or

(6) Any ofthe six greenhouse gases designated by EPA as regulated airpollutants: 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.

CHAPTER74:36:09

PREVENTION OF SIGNIFICANT DETERIORATION

Section 74:36:09:01 Applicability. 74:36:09:01.01 Prevention ofsignificant deterioration permitrequired. 74:36:09:02 Prevention ofsignificant deterioration. 74:36:09:03 Publicparticipation.

74:36:09:02. Prevention of significant deterioration. For the purposes ofthis chapter, the state's definitions and requirements for theprevention ofsignificant 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) withthefollowing 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 orthe administrator ofEPA, 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 orthe administrator ofEPA, 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 ofEPA;
(2) For the purposes ofthis 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 ofthe equipment replacement provisions contained in paragraph (cc) ofthis section";
(6) For the purposes ofthis section, 40 C.P.R. § 

### 52.2l(r)(6) is incorporated by reference excluding the phrase, "(otherthan projects at a Clean Unit or at a source with a PAL)";
(7) For the purposes ofthis 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 ofthis section, 40 C.F.R. § 

### 52.2l(w)(l) is incorporated by reference excluding thephrase, "expires underparagraph (s) ofthis 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.

IfEPA 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 ofthe date ofsuch 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.

CHAPTER74:36:20

CONSTRUCTION PERMITS FORNEW SOURCES ORMODIFICATIONS

Section 74:36:20:01 74:36:20:02 Applicability. Construction permitrequired. 74:36:20:02.01 Initiating construction prior to permit issuance. 74:36:20:03 Constructionpermit exemption. 74:36:20:04 Emission unit exemptions.

2274:36:20:05 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 ofconstructionpermit. Timely and complete application for a construction permitrequired. Required contents ofcomplete application for a construction permit. Applicant required to supplement or correct application. Permit application

-- Completeness review. Time period for department's recommendation. Public participation inpermittingprocess. Publicreview ofdepartment's draftpermit. Final permit decision-- Notice to interestedpersons. Right to petition for contested case hearing. Contents ofconstruction permit. Administrative permit amendment. Procedures for administrative permit amendments. Reopening construction permit for cause. Procedures to reopen constructionpermit. Construction permit does not exempt from otherrequirements. Expiration ofa construction permit. Notice ofconstructing or operating noncompliance-- Contents. Petition for contested case oralleged violation. Circumvention ofemissions 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 ofa 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 ofits 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:I0;

(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 ofan 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 ofthe Board ofMinerals and Environment 

# CJ(L Kyrik Rombough, Natural Resources Engineering Director Air Quality Program Air Quality Proposed Amendments to Administrative Rules ofSouth Dakota (ARSD) 74:36- Air Pollution Control Program
The Air Quality Program within the South Dakota Department ofEnvironment 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 ofJanuary 2, 2011 and/or Title V air quality permit as ofJuly 1, 20 11. Greenhouse gases consist ofcarbon 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 ofSouth 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 permitbefore 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. CertifiedMail 

### .RECEIVED 

## FEB 14 2011 AIR QUALITY

PROGRAM



### Kyrik Rombough, Natural Resources Engineering Director South Dakota Department ofEnvironment and Natural Resources 523 East Capitol, Joe Foss Building Pierre, South Dakota 57501 Re: Comments on Proposed Revisions to

### AirPollution ControlProgram 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 ofEnvironment and Natural Resources. As AdministratorJackson finds in the finalized Endangerment Finding, elevated levels ofcertain greenhouse gases that are the result of human activity, includingcarbon dioxide ("C02"), methane, nitrous oxide, hydroflourocarbons, perflourocarbons, and sulfur hexafluoride (collectively, "GHGs"), "endanger the public health and welfare ofcurrent and future generations." Endangerment and Cause or Contribute Findings for Greenhouse Gases Under §202(a) ofthe CleanAir Act, 74 Fed. Reg. 66,496, 66,523 (Dec. 15, 2009). Furthermore, ''without substantial and near·term efforts to significantly reduce emissions," the accumulation ofthese greenhouse gases will continue, and "lead to ever greater rates ofclimate 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" ofthese air pollutants will continue to influence world climate "for the remainder ofthis century andbeyond." Jd. 

### at 66,518·66,519. Each new or modified large stationary source permitted without consideration ofits climate-forcingimpacts, and without the requirement to control its GHG emissions to the extent technically feasible, will significantly impact climate not only duringitslifetime, buthundreds ofyears later. For

### grow. Data from 2005- 2007, for instance, show ozone air quality improved in 99 ofthe 104 areas sufferingfrom ozone smoglevels 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, protectingchildren from brain damage from that toxic pollutant. There is every reason to think global warmingpollution controls will be equally successful. Although Sierra Club is, therefore, confident that South Dakota's course is generally correct, one point on the mechanics ofthis rule is inconsistent with the CleanAirAct and South Dakota'sAdministrative Procedure Act and one point could confuse the regulated community South Dakota Department ofEnvironment and Natural Resources ("DENR") proposes to amend the Prevention ofSignificantDeterioration rules to add a invalidation clause, automatically suspendingthe effect ofthis 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 ofgreenhouse gases for any reason." The Department should not include this provision 

### in the final rule because itis contrary to the CleanAirAct, South DakotaAdministrative Procedure Act, and creates a burden on the regulated community. First, the CleanAirAct 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 CleanAir Act. EPArecently advised Georgia on the inappropriateness ofsuch 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 ifa courtwere to take one ofthe actions discussed in Georgia's proposed rule, there could be differences ofopinions 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. CertifiedMail 

### RECEIVED 

## FEB 14 2011

AIR QUALITY

PROGRAM



### Kyrik Rombough, Natural Resources Engineering Director South Dakota Department ofEnvironment and Natural Resources 523 East Capitol, Joe Foss Building Pierre, South Dakota 57501 Re: Comments onProposed Revisions to 

### Air Pollution ControlProgram Regulations Dear Mr. Rombough, Because global warming is a serious threat to South Dakota, we are writingto offer our general support for the greenhouse gaspollution control rules proposed by the Department ofEnvironment and Natural Resources. As Administrator Jackson finds in the finalized Endangerment Finding, elevated levels ofcertain greenhouse gases that are the result of human activity, including carbon dioxide ("C02"), methane, nitrous oxide, hydroflourocarbons, perflourocarbons, and sulfurhexafluoride (collectively, "GHGs"), "endanger the public health and welfare ofcurrent and future generations." Endangerment and Cause or Contribute Findings for Greenhouse Gases Under §202(a) ofthe CleanAir 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 ofthese greenhouse gases will continue, and "lead to ever greater rates ofclimate 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" ofthese airpollutants will continue to influence world climate "for the remainder ofthis century andbeyond." 

### Id at 66,518·66,519. Each new or modified large stationary source permitted without consideration ofits climate·forcingimpacts, and without the requirement to control its GHG emissions to the extenttechnically feasible, will significantly impact climate not only during its lifetime, but hundreds ofyears later. For

### example, a new 500 

### megawattcoal·firedpowerplant combustion source permittedtoday (even thoughhighly efficient by today's terms), if

### permitted without GHG controls can be expected to emit on the order of4,000,000 

### tons per year ("TPY") ofC02 over a plant lifetime of60 

### 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 ofC02. In short, "current greenhouse gas emissions essentially commitpresent 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 ofGHGs under the CleanAirAct's PSD and TitleV programs. However, immediate imposition ofthese requirements on all sources will cause significant administrative difficulties. Inthese 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 ofthe 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 smallbusinesses. The Department's approach largely incorporates the terms ofthe U.S. EPA's Tailoring Rule into South Dakota law. This tailoring approach gradually phases in global warmingpollution controls by focusing only on the large industrial facilities which emit the lion's share ofpollution and which already have substantialexpertise navigating the permittingprocess. These huge pollution sources will be able to quickly and efficiently reduce their emissions. The CleanAirAct's "best available control technology" requirement is designed to take "energy, environmental, and economic impacts" into account and to "insure that economic growthwill occur in a manner consistent with the preservation ofexisting clean air resources." 

### See42 

### U.S.C. 

### §§ 7470(3); 7479(3). 

### Companies willbe able to economically comply with this requirementby 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 airpollutionlevels have typically been far lower than those projectedby the EPA (andmuchless than the costs suggestedby polluting industries.) Indeed, the CleanAirAct has a longhistory ofsuccessfully controlling pollutionwhile promotingeconomic growth. The air in our nation's cities is substantially cleaner than in 1990, 

### when the CleanAir 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 ofthe 104 areas suffering from ozone smoglevels 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, protectingchildrenfrom brain damage from that toxic pollutant. There is every reason to think global warmingpollution controls will be equally successful. Although Sierra Club is, therefore, confident that South Dakota's course is generally correct, one point on the mechanics ofthis rule is inconsistentwith the CleanAir Act and South Dakota'sAdministrative Procedure Act and one point could confuse the regulated community South Dakota Department ofEnvironment and Natural Resources ("DENR") proposes to amend the Prevention ofSignificant Deterioration rules to add a invalidation clause, automatically suspending the effect ofthis 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 ofgreenhouse gases for any reason." The Department should not include this provision in the final rule because it is contrary to the CleanAir Act, South DakotaAdministrative Procedure Act, and creates a burden on the regulated community. First, the CleanAirAct mandates that states may alter their state implementationplans 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 CleanAir Act. EPArecently advised Georgia on the inappropriateness ofsuch 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 ifa court were to 

### take one ofthe actions discussed in Georgia's proposed rule, there could be differences ofopinions between EPA and Georgia regarding the interpretation and/or impact of such a decision
.... Given the importance ofproviding 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. I

I

I

# ----------------------------------------------------------------------

--



### Letter from GregM. Morley, Air Permits Section Chief, U.S. Envtl. ProtectionAgency to JamesA. Capp, Air Protection Branch Chief, Georgia Dep't Nat. Resources (Oct. 29, 2010) (attachedhereto). EPA ultimately formally declined to approve Georgia's proposed invalidation provision. 75 Fed. Reg. 73,017, 73,018 (Nov. 29, 2010). Second, the South DakotaAdministrative Procedure Act mandates that regulations to amendmentsbe subject to notice and comment. South DakotaAdministrative 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, evenifit has not takeneffect." SDCL § 1- 26-6.7. South Dakota Codified Law § 

### 1-26-4 sets forth specific "notice, service, andpublic hearingprocedure[s]" that an agency must follow to amend, repeal, or suspend a regulation." SDCL § 1-26-4. These requirements include affording "allinterestedpersons reasonable opportunity to submit amendments, data, opinions, or arguments at a public hearingheld to 

### adopt the rule." 

### Id The sudden and unilateral action proposed by this automatic invalidationprovisionis not consistentwith state law. Finally, thisprovision creates instability in the regulated community. South Dakota should not force businesses makingpermitting decisions to monitor the court decisions in order to avoid sudden changes inpermit regulations. SouthDakota could, ofcourse, work to alter its ownrules 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 ofa court case which the EPA and SouthDakota may interpret differently. We thank DENR for taking action to control global warmingpollution, promote clean air, and protect our state and its economy. However, Sierra Club urges the agency not to include an invalidationprovision in the final rules. Sincerely,

# ~aw Kristin A. Henry, StaffAttorney Sierra Club 85 Second Street SanFrancisco, CA 94115

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### 47423 319th St ElkPoint, SD 57025 2.07.11 

### Mr. Kyrik Rombaugh 

### RECEIVED 

## FEB 1 0

## 2011 AIR QUALITY

PROGRAM

South Dakota Department ofEnvironment and Natural Resources 

### 523 East Capitol, Joe Foss Building Pierre, South Dakota Re: Comments onProposed revisions to the Air Pollution Control Program Regulations State ofSouthDakota Dear

### Mr. Rombough; Inresponse to yourrecent public notice relative to DENR'sproposed greenhouse gas pollution control rules, I would like to indicate mygeneral support for the intent to implement suchrules as proposed by the EPA. I would note, however, thatyour 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 constructionto begin on a facility before the State issues a Prevention ofSignificant 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 permithas subsequentlybeen issued. 2. Your proposedregulationhas an invalid provisionthat violates the Clean Air Act's SIP (that South Dakota has adopted) amendment procedure as well as the South Dakota Administrative Procedure Actnotice and commentrequirements. The rules as adopted cannot laterbe amended, repealed, or suspended without further public comment. In summary, I compliment the State inits efforts to combat global warming, butthink that the above two items need to beproperly modified and/or deleted inaccordance with my comments. Sincerely,
. 

### y:;

# ,r**A_~·** v( <'t 

# 1-:vuU:...
...-t./ DonnaLaFerrierFebruary 7, 2011 Mr. Kyrik Rombaugh South DakotaDepartment ofEnvironment andNatural Resources 523 East Capitol, Joe Foss Building Pierre, SouthDakota 57501 

### RECEIVED 

## FEB 1 02011 AIR QUALITY

PROGRAM

Re: Comments onProposed revisions to the AirPollution Control Program Regulations State ofSouthDakota
Dear Mr. Rombough, Inresponse to yourrecentpublic notice relative to DENR'sproposed greenhouse gas pollution control rules, I would like to indicate general support for the intentto implement such rules as proposed bythe EPA. I also would askthat two items in yourproposal be substantially modified or deleted as follows: I. Yourproposedregulations allow constructionto begin on a facility before the State issues a Prevention ofSignificant Deterioration Permit. From my perspective-c:-as one living neartothe proposed construction site, this is not desirable norlawful. Construction should notbe allowed until after a permit application 

### has been noticed and the final permithas subsequently been issued. 

### 2. Your proposed regulation 

### has an invalidprovisionthat violates the Clean Air Act's SIP (that South Dakota has adopted) amendment procedure as well as the South DakotaAdministrative Procedure Actnotice and commentrequirements. Therules as adopted cannot laterbe amended, repealed, or suspended without further public comment. I supportthe State inits efforts to combat global warming but think that the above two items need to beproperly modified and/or deleted. Sincerely,

# J.~F? 47542 SD Hwy 50 ElkPoint, SD**5702~**

### February 9, 2011
Mr. 

### Kyrik Rombaugh South DakotaDepartment ofEnvironment and Natural Resources 523 East Capitol, Joe Foss Building Pierre, South Dakota 

## RECEIVED 

## FEB 11 2011 AIR QUALITY



### PROGRAM

Re: Comments on Proposed revisions tothe AirPollution Control Program Regulations State ofSouthDakota Dear Mr. 

### Rombough, In

### response to your recent public notice relative to DENR'sproposed greenhouse gas pollution control rules, I would like to indicate my general support for the intent to implement suchrules 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 ofSignificant Deterioration Permit. I believe this is neither desirable nor lawful, and construction should not be allowed until after apermit 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 DakotaAdministrative Procedure Act notice and comment requirements. The rules as adopted cannot laterbe amended, repealed, or suspended without further public comment. In summary, I compliment the State in its effortsto combat global warming, but think thatthe above two items need to be properly modified and/or deleted in accordance with our comments. Sincerely,2.07.11
Mr. 

### KyrikRombaugh SouthDakota Department ofEnvironment 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 AirPollution Control ProgramRegulations State ofSouthDakota
Dear Mr. 

### Rombough, In response to your recent public notice relative to DENR'sproposed 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 believeunlawfully allow construction to begin on a facility before the State issues aPrevention ofSignificant 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 SouthDakota has adopted) amendment procedure as well as the SouthDakota 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 Statein its efforts to combat global warming, but think thatthe 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 SouthDakotaDepartment ofEnvironment and Natural Resources 523 East**Capito~** JoeFoss Building Pierre, SouthDakota57501 

## RECEIVED 

## FEB 11 2011 AIR QUALITY

PROGRAM

Re: Comments onProposed revisions totheAirPollution ControlProgramRegulations State ofSouthDakota
DearMr. Rombough, Inresponse to yourrecent public notice relative to DENR'sproposed greenhouse gas pollution controlrules, we would like to indicate ourgeneral support for the intent to implement such rules as proposedbythe EPA. We would note, however, that your specific proposal contains at leasttwo items which we believe should be substantially modified ordeleted as follows: 1. Yourproposedregulations we believeunlawfully allowconstructionto begin on a facility before the Stateissues a Prevention ofSignificant Deterioration Permit. We believe this is neither desirable nor lawful, and construction should notbe allowed until after a permit applicationhas beennoticed andthe fmal permithas subsequently been issued. 2. Yourproposedregulationhas an invalid provisionthat violates the Clean Air Act's SIP (that SouthDakotahas adopted) amendment procedure as well as the South DakotaAdministrative Procedure Act notice and comment requirements. The rules as adopted cannot later 

### be amended, repealed, or suspended without further public comment. Insummary, we complimentthe State inits effortsto combat global warming, but

### think thatthe above two items need tobeproperly modified and/or deleted in accordance with ourcomments. Sincerely,

i; ;i**~** j ' ' ,_: : i ' ' '
. . '
. ;_ j _: ; ; ' :**~ ~**  ' .•

. .. ' ; -. ·._:: .· .. ;\**~** ' ,--.·' ;February 10, 2011
Mr. Kyrik Rombough SouthDakotaDepartment ofEnvironment andNatural Resources 523 EastCapitol, Joe Foss Building Pierre, South Dakota57501 

### RECEIVED 

## FEB 11 2011 AIR QUALITY

PROGRAM

Re: Comments onProposed revisions totheAirPollution ControlProgramRegulations State ofSouthDakota
DearMr. Rombough, Inresponse to yourrecent public notice relative to DENR'sproposed greenhouse gas pollution controlrules, we would like to indicate ourgeneral support for the intent to implement such rules as proposedbytheEPA. We would note, however, that your specific proposal contains at least two items which webelieve should be substantially modified ordeleted as follows: 1. Yourproposed regulations we believe unlawfully allow constructionto begin on a facility before the State issues a PreventionofSignificant Deterioration Permit. We believe this is neither desirable norlawful, and construction should notbe allowed until after a permit applicationhasbeennoticed and the fmal permit has subsequently been issued. 2. Yourproposed regulation has an invalid provisionthat violates the CleanAir Act's SIP (that SouthDakotahas adopted) amendmentprocedure as well as the SouthDakotaAdministrative Procedure Act notice and comment requirements. The rules as adopted cannot later be amended, repealed, or suspended without further public comment. In summary, we complimentthe Statein its effortsto combat global warming, but think that the above two items need to beproperly modified and/or deleted in accordance with ourcomments. 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 ifthey come at the sacrifice ofslowly poisoning our land and children. Nicholas Koster, 46718 315th St. Vermillion, SD 57069

02/14/2011 Page I of IRombough, Kyrik Gustafson, Brian 

## A>m· .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

1Message 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

02/14/20112.07.11
Mr. Kyrik Rombaugh South Dakota Department ofEnvironment and Natural Resources 523 East Capitol, Joe Foss Building Pierre, South Dakota 

## RECEIVED 

## FEB 14 2011 AIR QUALITY

PROGRAM

Re: Comments onProposed revisions tothe AirPollution ControlProgramRegulations State ofSouthDakota
Dear Mr. Rombough, In response to your recent public notice relative to DENR's proposed greenhouse gas pollution control rules, wewould like toindicate our general support for the intent to implement such rules as proposed bythe EPA. Wewould note, however, that your specific proposal contains at least two items which webelieve should be substantially modified ordeleted as follows: 1. Yourproposed regulations we believeunlawfully allow construction to begin on a facility before the State issues a Prevention ofSignificant Deterioration Permit. We believe this is neither desirable nor lawful, and construction should notbe allowed until after a permit application has beennoticed and the final permit has subsequently been issued. 2. Yourproposed regulation has an invalid provision that violates the CleanAir Act's SIP (that South Dakotahas 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 Statein its effortsto combat global warming, but think that the above two items need tobe 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 DakotaDepartment of Environment and Natural Resources 523 East Capitol, Joe Foss Building Pierre, South Dakota 57501 Mr. Rombough: Page 1of 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 ofthese 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

02/16/2011February 13, 2011 Kyrik Rombough Natural Resources Engineering Director GloriaE. Kribell 506Anderson Street Alcester, SD57001 605-934-2991

SD Department ofEnvironment & Natural Resources 523 East Capital, Joe Foss Building Pierre, SD 57501 Dear Sir(s): 

### RECEIVED 

## FEB 1 62011

AIR QUALITY

PROGRAM

As a resident ofUnionCounty, I am very concerned about the pollution from the proposedrefinery ifit shouldbecome a reality. Ourfarm washomesteaded in 1880, and is located 10 miles north ofthe proposed site whichis why I have a sincere interest in the devastating effectthis project will have onthe health and well-being ofourcommunity. I requestthat the SouthDakota adoptthe EPA (clean air) revisions and all otherregulations associated with greenhouse gasses. After reading the numerous articles regardingthe health deterioration oftheresidents inthe Cancer Beltin southern Texas, I had very little confidence inthe EPA's ability ofregulate refinery emissions. Butwhen reading the EPA critical comments ofthe SD DENR's draft airqualitypermit, I have even less confidence inthe DENRproposed emission standards and the protection that the state will give totheresidents. To illustrate the DENR's attitude towardputting Union Countyresidents indanger, I submitthe following comments from the EPA's 23 pages ofcritical comments. First the EPA comments onthe missing information onuncontrolled emission. I quote "The uncontrolled emission information should be included in theDENR's analysis." "These estimates need to be documented and provided tothe EPA andthe public for review." Regarding the tar sands oil: (The) "EPA couldnotfind any discussion ofthe designcrude characteristics." "EPA requests that, at a minimum, this discussion include sulfurcontent, 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 canbe substantially higherthan during normal operation. The EPA states "these (limits) are the least stringentwe have seen, and thus are unacceptable to the EPA." "The DENRneeds to require the BACT limit at all times orestablish a separate BACT limit for startups, shutdowns, and malfunctions, and mustrequire monitoring andrecord keeping to demonstrate compliance during these explicit time periods." Regarding soils and vegetation: I quote theEPA, "Based onthefact that the land use in the vicinity ofthe proposedproject site ifpredominantly agricultural, the analysis is focused on assessing impacts to agricultural crops grown near the proposedproject is subjective and without supporting information." This to me shows little to no concernfor ourcorps and livelihood.DENRPage2. Regarding "director's discretion" and related concerns: The EPA states "This type oflanguage is NOT appropriate for permits as this language is a form of'director's discretion" thatwould allow the STATEto unilaterally change permitprovisions withoutbenefit oftheEPA review orpublic 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 ofcriticisms including comments onflares, fugitive emissions, and all other facets ofthe operation. These comments raise very serious concerns for the residents ofUnion County and the surrounding area. I feel our health and well-being are NOT being held inhigh regard. Many times repeated comments like "theDENR's costdata is inadequateas presented"( so the EPAcannotcome to a conclusion), and "limits arethe least stringentwehave seen and thus unacceptableto the EPA" definitely do NOT instill a feeling ofconfidence and security! A couple ofyears ago the Plains Justice, National Park Service, Jenner & BlockLaw Firm, and the public submitted very serious concerns in writing to the DENR to which the DENRreplied to almost every comment as follows: "DENRdoes not recommend any changes to the draft PSD airquality permit as a result ofthis comment." Theses veryknowledgeable people were not given serious consideration, and no changes were made atthat time. Again, I feel the SD DENR is trying to get by with the least stringentrestriction 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 pollutionfrom a refinery. This is why we residents ofsoutheastern South Dakota are requesting the most protection from our state that ispossible to be attained. Please adopt and enforce the new EPA clean air standards. Whatever can be accomplished insure thatthe air and environment are safe will be appreciated by the residents ofsoutheastern South Dakota. Sincerely, 

# ) /r'1{;._ 

# z, ;f.(

# ·~u

Gloria E. Kribell·'

2.07.11
Mr. Kyrik Rombaugh SouthDakota Department ofEnvironment and Natural Resources 523 East Capitol, Joe Foss Building Pierre, SouthDakota 

### RECEIVED 

## FEB 1 6 2011

AIR QU,\U 1·,

PROGRAM

Re: Comments onProposed revisions totheAirPollution Control Program Regulations State ofSouth Dakota
DearMr. Rombough, Inresponse to yourrecent public notice relative to DENR'sproposed greenhouse gas pollution control rules, we would like to indicate our general support for the intentto implement such rules as proposed bythe EPA. We would note, however, that your specific proposal contains at leasttwo items which webelieve 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 ofSignificantDeteriorationPermit. 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. Yourproposed regulation has an invalidprovision that violates the Clean Air Act's SIP (that South Dakota has adopted) amendmentprocedure as well as the SouthDakota Administrative Procedure Actnotice and commentrequirements. The rules as adopted cannot laterbe amended, repealed, or suspended without further public comment. In summary, we complimentthe State in its efforts to combatglobal warming, but think thatthe above two items need to be properly modified and/or deleted in accordance with our comments. Sincerely,

# ~JJ~**4~~d1(_/**

### KyrikRombough, Natural Resources Director SdDeptofDENR 523 East Capitol, Joe Foss Building Pierre, South Dakota 57501 Dear

## Mr. Rombaugh, 

### RECEIVED 

## FEB 16 201! AIR QUALITY

PROGRAM



### Ithas cometo my attention thatthe DENRofSD is consideringproposals to the Greenhouse gas tailoringrule that wouldbe detrimental to those ofus that are citizens ofSouth Dakota. One ofthe things that makes South Dakota a desirable placeto live is due to the fact that SDhas some ofthe cleanest air to breathe. 

### It is my understandingthat thejob ofSD DENRis toprotectthe citizens ofthis state from environmental damages that could occurto ournatural resources. Please do notmake any changes thatwould jeopardize this greattreasure that our state nowhas. Bychanging rules so that they are more lax, youwouldbe doing a great disservice to this state andthe people that live here. I would also have to question your consideringthe change that construction couldbegin onprojects that couldpossiblyhave detrimental effects onthe people ofthis state andthe state itselfbefore all permits have been granted. By allowing constructionto beginbeforehand would make itappear that decisions concerningthese projects and already been decided and the permitting itselfmeans nothing. We the people ofSouthDakota should neverhave to fear thatthose ofyou working for us would work againstus. Please delete thesetwo provisions from the proposed GHGrules. Sincerely

# ~+-~ Carolyn Harkness 47578 316th St ElkPoint SD 57025

## RECEIVED 

## FEB 16 2011 AIR QUALITY

PROGRAMMessage**~** 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 12.15.11
Mr. Kyrik Rombaugh South Dakota Department ofEnvironment 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 ofSouth 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 ofSouth 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 ofSignificant Deterioration Permit. We believe this is neither desirable norlawful, 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 oftheir size until the proper design has been approved. 2. Yourproposed regulation bas an invalidprovision that violates the Clean Air Act's SIP (that South Dakota has adopted) amendmentprocedure 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 offacilities 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

### 6Minutes ofthe Board ofMinerals and EnvironmentMeeting Matthew Environmental Education and Training Center 523 East Capitol Avenue Pierre, South Dakota

February 1'7, 2011 1:25 p.m. CST

CALL TO ORDER AND ROLL CALL: The meeting was called to orderby Chairman Richard C. Sweetman. Secretary Linda Hilde noted that a quorum was present. BOARD MEMBERS PRESENT: Richard Sweetman, Lee McCahren, LindaHilde, Tim Johns, Dennis Landguth, Glenn Blumhardt, Bob Duxbury, and Pete Bullene. BOARD MEMBERS ABSENT: ChuckMonson. 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 ofthe hearing was to consider the proposed amendments to article 74:36 by revising chapter 74:36:01

- De:finitions, 74:36:09- Prevention ofSignificant Deterioration, and 74:36:20 -ConstructionPermits for New Sources or Modifications. Kyrik Rombough, DENRAir Quality Program, reported that in October 2010, priorto public notice ofthe hearing, the green house gas rules were sentto approximately 150 individuals, groups, industry, and organizations. Atthat time, comments were submittedbyEPAwith 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 ofthe hearing, the construction permitrules were sent to EPA for comment. Staffworked with EPA regardingtheir comments and made changes as necessary. Mr. Rombough stated that notice ofthe public hearing was published .on January 25, 2011, in eleven daily newspapers. Affidavits ofPublication are on file at DENR; Notice ofthe hearing was sent to theLegislative Research Council (LRC), the Bureau ofFinance and Management, and approximately 230 interested parties, which includes environmental groups, industry and other interested parties.Board ofMinerals and Environment February 17,2011,Minutes The LRC approved therules for legality, style and form. ' Following the notice ofthe public hearing, written comments were submittedbyLRC, Kristen Henry (attorney for the Sierra Club), Vern Timmerman, DonnaLaFerrier, DeannaLangle, BarbaraAnderson, 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, LolaProthero, andEd Cable. Mr. Rombough noted that one ofthe comment letters was against adopting EPArules. Some ofthe comments Were generally supportive ofadopting green house gas rules. Specifically, some ofthe comments discussed language regarding invalidation and cessation that they prefer to be removed. Some ofthe other comments stated that the constructionpermit program applies to sources that looking for a PSDpermit and some ofthe commenters believe that the changes to the construction permit program is removing the public's ability to comment and participate inthe permitting process. Mr. Romboughprovided a slidepresentation discussing thehistory ofthe greenhouse gas regulations. Mr. Rombough then discussed the specific amendments to the rules. The following is a summary ofthe proposed amendments. · The Air Quality Program within the South DakotaDepartment ofEnvironment and Natural Resources (DENR) implements federal air quality programsto maintain the air quality in South Dakota in attainment with the federal National Ambient Air Quality Standards and meet other · requirements under the federal CleanAir Act. ARSD 74:36:01 -Definitions and ARSD 74:36:09- Prevention ofSignificant Deterioration: The federal Environmental Protection Agency (EPA) adopted revisions to its Prevention of Significant Deterioration and Title V air quality permitprograms referred to as the Greenhouse Gas Tailoring Rule. The revisions establish greenhouse gases as a regulated air pollutant and a greenhouse gas air emissionthreshold for when a business is required to obtain a Prevention of Significant Deterioration permit as ofJanuary 2, 2011 and/or Title V air quality permit as ofjuly 1, 2011. Greenhouse gases consist ofcarbon dioxide, nitrous oxide, methane, hydrofluorocarbons, perf!uorocarbons, and sulfur hexafluoride. SouthDakota is appealing these revisions adopted by EPA and otherregulations associated with greenhouse gases. Without waiving the State ofSouth Dakota's rights to appeal the various greenhouse gas regulations that have been issu.ed by EPA, theproposed revisions would adopt EPA's Greenhouse Tailoring Rule. Thereason for the proposed revisions is to ensure that new businesses and existing businesses looking to expand are permittedin an expeditious manner. ARSD 74:36:20- Construction Permits for New Sources orModifications ARSD 74:36:20, which became effective in June 2010, is a construction permittingprogram. The program requires an applicable source to obtain a permitbefore a person may construct, install, modify, or
2Board ofMinerals and Environment February I7, 20I 1, Minutes operate that source. The proposedrevisions 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 inclementweather and react quickerto changing markets but still allows DENR to protect the environment. Following his presentation, Mr. Rombough answered questions from the board. Chairman Sweetmanrequested public comments regarding the rules. No public comments were offered. Chairman Sweetmanrequested board action. Motion by Hilde, seconded by Bullene, to adopt ARSD 74:36:01 -Definitions, ARSD 74:36:09 -Prevention ofSignificant 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 OFMINERALS AND ENVIRONMENT MEETING



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### ATTENDANCE SHEET BOARD OF MINERALS AND ENVIRONMENT MEETING Location---------'-------


### Date.
_______ _



### · NAME (PLEASEPRIN'J') 

### ADDRESS REPRESENTINGRombough, 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.

1Rombough, 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; 4. A copy of the small business impact statement; and 

# e 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 AttachmentsRombough, 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; 4. A copy of the small business impact statement; and 

# e 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 AttachmentsRombough, 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; 4. A copy of the small business impact statement; and 

# e 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 AttachmentsRombough, 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; 4. A copy of the small business impact statement; and 

# e 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

1March 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 ofthe 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 ofthe revisions to the Administrative Rules ofSouth Dakota, Article 74:36- Air Pollution Control Program, adopted by the Board ofMinerals and Environment on February 17, 2011; 2. A copy ofthe comments received during the public notice; 3. A copy ofthe minutes for the public hearing; 4. A copy ofthe small business impact statement; and 5. A copy ofthe fiscal note. Ifyou have any questions, please contact me at (605) 773-3151. Sincerely,

# ~ Kyrik Rombough Engineering Manager I Air Quality Program EnclosuresMarch 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 ofthe 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 ofthe revisions to the Administrative Rules ofSouth Dakota, Article 74:36- Air Pollution Control Program, adopted by the Board ofMinerals and Environment on February 17, 2011; 2. A copy ofthe comments received during the public notice; 3. A copy ofthe minutes for thepublic hearing; 4. A copy ofthe small business impact statement; and 5. A copy ofthe fiscal note. Ifyou have any questions, please contact me at (605) 773-3151. Sincerely, 

# CJ;itiL Kyrik Rombough Engineering Manager I Air Quality Program EnclosuresMarch 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 ofthe 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 ofthe revisions to the Administrative Rules ofSouth Dakota, Article 74:36- Air Pollution Control Program, adopted by the Board ofMinerals and Environment on February 17,2011; 2. A copy ofthe comments received during the public notice; 3. A copy ofthe minutes for thepublic hearing; 4. A copy ofthe small business impact statement; and 5. A copy ofthe fiscal note. Ifyou have any questions, please contact me at (605) 773-3151. Sincerely, 

# t;li!.¢ Kyrik Rombough Engineering Manager I Air Quality Program EnclosuresMarch 17,2011

The Honorable Jean M. Hunhoff State Senator 2511 Mulligan Drive Yankton, South Dakota 57078 Dear Senator Hunhoff: Please find enclosed a copy ofthe 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 ofthe revisions to the Administrative Rules ofSouth Dakota, Article 74:36- Air Pollution Control Program, adopted by the Board ofMinerals and Environment on February 17,2011; 2. A copy ofthe comments received during the public notice; 3. A copy ofthe minutes for the public hearing; 4. A copy ofthe small business impact statement; and 5. A copy ofthe fiscal note. Ifyou have any questions, please contact me at (605) 773-3151. Sincerely,

# ~12# Kyrik Rombough Engineering Manager I Air Quality Program EnclosuresMarch 17,2011

The Honorable Mike Vehle State Senator 132 N. Harmon Drive Mitchell, South Dakota 57301 Dear Senator Yehle: Please find enclosed a copy ofthe 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 ofthe revisions to the Administrative Rules ofSouth Dakota, Article 74:36- Air Pollution Control Program, adopted by the Board ofMinerals and Environment on February 17, 2011; 2. A copy ofthe comments received during the public notice; 3. A copy ofthe minutes for the public hearing; 4. A copy ofthe small business impact statement; and 5. A copy ofthe fiscal note. Ifyou have any questions, please contactme at (605) 773-3151.

# ~127 Kyrik Rombough Engineering Manager I Air Quality Program EnclosuresChapter 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

AIRPOLLUTION CONTROL PROGRAM

Definitions. Ambient air quality. Air quality episodes. Operatingpermits 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 ofsignificant deterioration. New source review. Performance testing. Control ofvisible emissions. Continuous emission monitoring systems. Variances, Repealed. Openburning, 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. Mercurybudget 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 ofthe 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 ofsources 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.

274:36:01:13 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 inthe method ofoperation defined. Commenced construction defined.



### 74:36:01:01. Defmitions. Unless otherwise specified, the terms used in this article mean:
(1) "Act," chapter 34A-1 ofthe South Dakota Codified Laws;
(2) "Acid rain permit," a legally binding written document or portion ofa 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 ofthe 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 ofthe emission reduction requirements or emission limits pursuant to Title IV ofthe Clean AirAct 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 ofoperation, orboth, and the most stringent ofthe 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 ofMinerals and Environment;
(!2) "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 ofEnvironment andNatural 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 ofand 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," anypart or activity ofa stationary source which emits orhas the potential to emit a regulated air pollutant or any pollutant listed under section 112(b) ofthe Clean AirAct;
(25) "EPA," the Environmental Protection Agency;
(26) "Equivalent method," any method ofsampling and analysis for an airpollutant 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 orpermit;
(28) "Facility," a building, structure, or installation ofpollutant-emitting activities which belong to the same industrial grouping, located on one ormore 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 iftheybelong 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 withinthe state implementationplan, and permitrequirements established pursuant to this article or 40 C.F.R. §51 Subpart I (July 1, 2009). The use ofthis 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 reviewprocedures;
(31) "Fuel-burning unit," a furnace, boiler, apparatus, stack, or any of their components used in the process ofburning fuel or other combustible material for the primary purposes of producing heat or powerby 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 thatmaybe 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 ofthe waste by removing its combustible material;

8

### (36) "Malfunction," any sudden and unavoidable failure ofair 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 anyother cause within the control ofthe owner oroperator ofthe source;
(37) "Minor source," a source whose potential emissions of a criteria pollutant are less than I00 tons a year and which does notmeet the definition ofa Part 70 source;
(38) "New source," a source that has not been constructed and does not possess apermit 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 ofan 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 ofa 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 ofpermits 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 ofsizes;
( 49) "Permit modification," a change to a source which operates under a minor source operating permit orPart 70 operating permit that meets the requirements of§ 74:36:01:I0;

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) "PM!O," particulate matter with an aerodynamic diameter less than or equal to a nominal ten micrometers as measured by an applicablereference or equivalentmethod;
(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 ofsignificant deterioration;
(55) Repealed;
(56) "Salvage operation," an operation conducted in whole or in part for the reclaiming of product ormaterial;

11

### (57) "Secretary," the secretary of the South Dakota Department of Environment and Natural Resources or an authorized representative;
(58) "Shutdown," the cessation ofoperation ofany control equipment, process equipment,
orprocess for anypurposes;
(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 ofany 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 ofnational ambient air quality standards;
(63) "Title IV," Title IV ofthe Clean Air Act Amendments, acid deposition control;
(64) "Title V," Title V ofthe 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 ofthe 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 ofsolid 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 bythe board or the secretary for the construction and operation ofa new source ormodification 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 EPArequirements.

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 ofManagement 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 ofpersons under common control, that belongs to a single major industrial grouping, and that is any ofthe 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 airpollutant which has been listed pursuant to § 

### 112(b) ofthe Clean AirAct, 25 tpyor
more ofany combination ofsuch hazardous airpollutants, or a lesser quantity established byrule by the administrator ofthe 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 orunder common control, to determine whether such units or stations are major sources; or
(2) A major source ofair pollutants, as defined in § 

### 302 ofthe 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 byrulebythe administrator ofthe EPA; or
(3) A major source as defined in Part D ofTitle I ofthe Clean Air Act, including;
(a) For ozone nonattaiument areas, sources with the potential to emit 100 tons or more per year ofvolatile organic compounds or oxides ofnitrogen 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

15areas 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 ofnitrogen oxides do not apply to any source for which the administrator ofthe EPAhas made a finding, under § 182(f)(l) or (2) ofthe Clean Air Act, that the requirements of§ 182(f) ofthe 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 ormore per year ofvolatile 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 ofthe EPA, sources with the potential to emit 50 tons or more per year ofcarbon 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 ofsources is considered as part ofa single industrial grouping ifall of thepollutant-emitting activities ofthe source or group ofsources belongto the same major group (i.e. which have the same two-digit code) as described in the Standard Industrial Classification Manual, 1987.

16Source: 

### 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 ofManagement 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, PMl0, sulfur dioxide, carbon monoxide, lead, ozone, or any pollutant for which a national ambient air quality standard has beenpromulgated in the Clean Air Act;

17(3) Any pollutant that is addressed by any standard promulgated under § 111 ofthe 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 ofthe Clean Air Act or other requirements established under §§ 112(g), 

### G), and (r) ofthe Clean Air Act, including the following:
(a) Any pollutant subject to a standard promulgated under § 1120) of the Clean Air Act. If the administrator ofthe EPA fails to promulgate a standard by the date established in § 112(e) ofthe Clean Air Act, any pollutant for which a subject source would be major shall be considered to beregulated on that date; and
(b) Any pollutant for which the requirements of§ 112(g)(2) ofthe Clean Air Act have been met, butonly for the individual source subject to § 112(g)(2) requirement; or
(6) Any ofthe 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.

18Law Implemented: SDCL 34A-l-6.

CHAPTER74:36:09

PREVENTION OF SIGNIFICANT DETERIORATION

Section 74:36:09:01 Applicability. 74:36:09:01.01 Prevention ofsignificant deteriorationpermitrequired. 74:36:09:02 Prevention ofsignificant 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 ofsignificant 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 ofEPA, 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 ofEPA, 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 ofEPA;
(2) Forthe purposes ofthis 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) ofthis 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 notbe limited to, any activity(s) that meets the requirements ofthe equipment replacement provisions contained in paragraph (cc) ofthis section";
(6) For the purposes ofthis 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 ofthis 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 ofthis section, 40 C.F.R. § 52.2l(w)(l) is incorporated by reference excluding the phrase, "expires under paragraph (s) ofthis 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.

IfEPA 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 ofthe date ofsuch 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.

CHAPTER74:36:20

CONSTRUCTION PERMITS FORNEW SOURCES ORMODIFICATIONS



### 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 Constructionpermit exemption. 74:36:20:04 Emission unit exemptions.

22

### 74:36:20:05 Standard for issuance ofconstruction permit. 74:36:20:06 Timely and complete application for a construction permit required. 74:36:20:07 Required contents ofcomplete 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 permittingprocess. 74:36:20:12 Public review ofdepartment'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 ofconstruction 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 ofa construction permit. 74:36:20:22 Notice ofconstructing or operating noncompliance-- Contents. 74:36:20:23 Petition for contested case or alleged violation. 74:36:20:24 Circumvention ofemissions 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 ofa 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 ofits 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 or74:36:10;

(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 waythat may emit any air pollutant priorto 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 ofan existing source that maybe imposed in the issued construction permit.

25

### Source: General Authority: SDCL 34A-l-6, 34A-l-2l, Law Implemented: SDCL 34A-1-2L

26IN THE MATTER OF THE PROMULGATION OF ADMINISTRATIVE RULES AFFIDAVIT I, Kyrik Rombough, certify that on March 17,2011, I sent byU.S. mail and electronic mail a correct copy ofthe following documents adopted bythe Board ofMinerals and Environment on February 17, 2011: 1. The minutes ofthe public hearing 2. A record ofthe written comments 3. The small business impact statement 4. The fiscal note 5. The rules adopted: The amendments to article 74:36 byrevising chapter 74:36:01 -Definitions, 74:36:09- Prevention ofSignificant 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 Vehle State Senator 132 N. Harmon Drive Mitchell, SD 57301The Honorable R. Shawn Tornow State Representative P.O. Box 1988 Sioux Falls, SD 57101 Subscribed and sworn to before methis /? day 

# ot111U/J?A , ,jail
.

# S&r,~ Notary Public

- South Dakota (Seal) MyCommission 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 ofrevisions to ARSD 74:36- Air Pollution Control Program

I have enclosed a packet pertaining to the final draft ofthe revisions to 74:36- Air Pollution Control Program: The enclosed packet contains the following documents:
• An edited copy ofthe first draft; • A copy ofLegislative Research Council's recommended changes • A copy ofthe final draft approved bythe Board ofMinerals and Environment • The original form #II, which contains the signatures ofa majority ofthe members ofthe Board ofMinerals and Environment; • A copy ofthe affidavit ofthe mailing to the Rules Committee members; • A copy ofthe minutes for the February 17, 2011, Board ofMinerals and Environment meeting. Ifyouhave any concerns orquestions, please contact me at (605) 773-3151.March 18,2011

Kristin A. Henry StaffAttorney 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 ofMinerals and Environment held a public hearing on the proposed revisions. During the hearing, the Department ofEnvironment 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. Atthis 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 ProgramMarch 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 ofMinenils and Environment held a public hearing on the proposedrevisions. During the hearing, the Department ofEnvironment 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 viathe internet at http://denr.sd.gov/boards/schedule.aspx. Sincerely,
KyrikRombough Engineering Manager I Air Quality ProgramMarch 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 proposedrevisions to the Administrative Rules of South Dakota (ARSD) 74:36- Air Pollution Control Program. On February 17, 2011, the Board ofMinerals and Environment held a public hearing onthe proposed revisions. During the hearing, the Department ofEnvironment 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 ProgramMarch 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 proposedrevisions to the Administrative Rules of South Dakota (ARSD) 74:36- Air Pollution Control Program. On February 17,2011, the Board ofMinenils and Environment held a public hearing on the proposed revisions. During the hearing, the Department ofEnvironment 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 ProgramMarch 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

Thankyou for submitting comments on the proposedrevisions to the Administrative Rules of South Dakota (ARSD) 74:36- Air Pollution Control Program. On February 17,2011, the Board ofMinerals and Environment held a public hearing on the proposed revisions. During the hearing, the Department ofEnvironment 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:/Idenr.sd.gov/boards/schedule.aspx. Sincerely, 

# %/12#- Kyrik Rombough Engineering Manager I Air Quality ProgramMarch 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 ofMinerals and Environment held a public hearing on the proposed revisions. During the hearing, the Department ofEnvironment andNatural 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. Atthis 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 ProgramMarch 18,2011

Elaine and Gerald Hanson I04 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 ofMinerals and Environment held a public hearing on the proposed revisions. During the hearing, the Department ofEnvironment 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. Atthis 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 ProgramMarch 18,2011

Nicholas Koster 46718 315 1 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 ofMinerals and Environment held a public hearing on the proposed revisions. During the hearing, the Department ofEnvironment 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. Atthis 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 ProgramMarch 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 ofMinerals and Environment held a public hearing on the proposed revisions. During the hearing, the Department ofEnvironment 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. Atthis 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 ProgramMarch 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 ofMinerals and Environment held a public hearing on the proposed revisions. During the hearing, the Department ofEnvironment 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,

# ~1/L Kyrik Rombough Engineering Manager I Air Quality ProgramMarch 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 ofMinerals and Environment held a public hearing on the proposed revisions. During the hearing, the Department ofEnvironment 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. Atthis 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 ProgramMarch 18,2011

Gloria Kribell 506 Anderson Street Alcester, South Dakota 5700I 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 ofMinenils and Environment held a public hearing onthe proposed revisions. During the hearing, the Department ofEnvironment 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 ProgramMarch 18,2011

Arden and Bridget Hanson 32726 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 ofMinerals and Environment held a public hearing on the proposed revisions. During the hearing, the Department ofEnvironment and Natural Resources presented your comments to the Board. After consideringthe 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 viathe internet at http://denr.sd.gov/boards/schedule.aspx. Sincerely,
Kyrik Rombough Engineering Manager I Air Quality ProgramMarch 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 ofMinenils and Environmentheld a public hearing on the proposed revisions. During the hearing, the Department ofEnvironment 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 ProgramMarch 18,2011

Lola Prothero 231 N. 7'h Street Akron, Iowa 5100 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 ofMinerals and Environment held a public hearing on the proposed revisions. During the hearing, the Department ofEnvironment andNatural 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. Atthis 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 ProgramMarch 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 ofMinerals and Environment held a public hearing onthe proposed revisions. During the hearing, the Department ofEnvironment 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,

# ~4L Kyrik Rombough Engineering Manager I Air Quality ProgramRombough, 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** . . . 

## '.
'.·.· •• ._'

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## .......**-~** .. - .•. ·.. :.' .. ·

## ...... · .. ' '. ., - - . ' ' 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 ofthe rules and other information on the committee members at leastfive 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 ofthe rules before the meeting. The committee members will use the copy ofthe rules that is served on the committee as part ofthe rule adoption process according to SDCL 1-26-4 (9) to prepare for the meeting. The service ofthe rules must be done with enough time between the service ofthe 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 ofyour rules before the committee and give the committee members access to the most recent version ofyour 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 Pierre, South Dakota March 29, 2011

9:00a.m. Agencies are askedto have a representativepresent at themeeting to give backgroundinformation on their rules. Call to order, roll call, approval ofminutes, staffreport Review ofproposed rules SenatorHunhoff Department ofHealth: Board ofPharmacy- 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 ofEnvironment and Natural Resources: Board ofMinerals 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 ofGame, Fish and Parks

- Amend a Uses ofParks 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 ofthe Belle Fourche River in Butte County and "no wake zones" on Twin Lakes (Minnehaha County) and on the portion ofLewis & Clark Lake (Yankton County) commonly known as the Midway Boating Beach; and amend a Refuges rule to increase the size ofthe 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 ofhighway near the southeast edge ofthe 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 ofitsjunction 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 theAmericans with DisabilitiesAct, should contact theLegislative Research Council (6051773-3251) in advance of the meeting to makeany 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 ofmeeting 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
SenatorJean M. Hunhoff, Chair Representative R. Shawn Tornow, Vice Chair Threehundred twelfth meeting Tuesday Room 413 State Capitol Pierre, South Dakota March 29,2011

9:00a.m. Agencies are askedto have a representativepresent atthe meeting to give backgroundinformation on theirrules. Call to order, roll call, approval ofminutes, staffreport Review ofproposed 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 ofEnvironment and Natural Resources: Board ofMinerals 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. SenatorVehle Department ofGame. Fish and Parks

- Amend a Uses ofParks 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 ofthe Belle Fourche River in Butte County and "no wake zones" on Twin Lakes (Minnehaha County) and on the portion ofLewis & Clark Lake (Yankton County) commonly known as the Midway Boating Beach; and amend a Refuges rule to increase the size ofthe 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 ofhighway near the southeast edge ofthe 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 ofitsjunction with SD Highway 248 to reduce the speed limit through Reliance, and in Lyman County on SD Highway 248 from itsjunction 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 theAmericans with DisabilitiesAct, should contact theLegislative Research Council (6051773-3251) in advance of the meeting to makeany 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 ofmeeting schedules and the availability ofagendas and minutes at**".'?.i~** MyLRC (http://legJs.state.sd.uslmylrc/mdex.aspx).

2MEMO TO: FROM:
SUBJECT: March 31, 2011 Secretary ofState Jason M. Gant Kyrik

# Romlu'~, Engineering Manager I Air Quality Program Final Rules ofAmendments to ARSD 74:36- Air Pollution Control Program

I have enclosed a packet pertaining.to the final rules ofthe amendments to ARSD 74:36- Air Pollution Control: The enclosed packet contains the following documents:
• The original certificate ofthe Chairman ofthe Board ofMinerals and Environment; • A copy ofthe Board ofMinerals and Environment's approval; and • A copy ofthe final rules, which showthe changes to the current printed rules with overstrikes and red coloring for deletions and underscores and blue coloring for additions Ifyou 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 ofthe Board ofMinerals and Environment and that the attached instruments are full, true, and correct copies ofthe following rules adopted by the Board ofMinerals 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 ofSignificant 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 inthe adoption ofthese rules. These rules will become effective twenty days after filing with the Secretary ofState.

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,

### NolaiYPuiii"IC MyCommileion &pires Odobtr26,2016 · ichard C. Sweetman, Chairman, Board ofMinerals and EnvironmentIN 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 ofthe Board ofMinerals and Environment and that the attached instruments are full, true, and correct copies ofthe following rules adopted by the Board ofMinerals 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 ofSignificant 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 ofthese rules. These rules will become effective twenty days after filing with the Secretary ofState. 

# •**~~** 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 

### Odober26,2016 Board ofMinerals and Environment

SECRETARYOFSTATEIN 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 ofState:
a. The proposed amendments to article 74:36 by revising chapter 74:36:01- Definitions, 74:36:09- Prevention ofSignificant 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 BlumhardtChapter 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. Operatingpermits 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 ofsignificant deterioration. New source review. Performance testing. Control ofvisible emissions. Continuous emissionmonitoring systems. Variances, Repealed. Openburning, 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. Mercurybudget 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 ofthe 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 ofsources 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.

274:36:01:13 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 ofoperation defined. Commenced construction defined.

74:36:01:.01. Definitions. Unless otherwise specified, the terms used inthis article mean:
(1) "Act," chapter 34A-1 ofthe South Dakota Codified Laws;
(2) "Acid rain permit," a legally binding written document orportion ofa 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 ofthe 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 ofthe Clean AirAct;

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 ofthe 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 ofoperation, orboth, and the most stringent ofthe 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 in40 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 ofMinerals and Environment;
(12) "Btu," British thermal unit;
(13) "CO," carbon monoxide;
(14) "Chairman," chairman oftheboard;
(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 ofEnvironment 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 theunit and the submission ofand 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 ofa stationary source which emits orhas the potential to emit a regulated air pollutant or any pollutant listed under section 112(b) ofthe Clean Air Act;
(25) "EPA," the Environmental Protection Agency;
(26) "Equivalent method," any method ofsampling 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 orpermit;
(28) "Facility," a building, structure, or installation ofpollutant-emitting activities which belong to the same industrial grouping, located on one ormore 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 iftheybelongtothe 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 implementationplan, and permit requirements established pursuant to this article or 40 C.F.R. §51 Subpart 

### l (July 1, 2009). The use ofthis term does not impede thedepartment's authorityunder 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 ofburning fuel or other combustible material for the primary purposes of producing heat orpower 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 maybemade 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 ofthe 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 ofthe waste by removing its combustiblematerial;

8(36) "Malfunction," any sudden and unavoidable failure ofair 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 ofthe owner or operator ofthe 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 ofa 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 ofan object inthebackground;

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 ofa source;
(44) "Owner or operator," anyperson who owns, leases, operates, controls, or supervises a source;
( 45) Repealed;
( 46) "Part 70 operating permit," any permit or group ofpermits 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 ofsizes;
( 49) "Permit modification," a change to a source which operates under a minor source operating permit orPart 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 oftheforegoing;
(52) "PMlO," particulate matter with an aerodynamic diameter less than or equal to a nominal ten micrometers as measured byan 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 ofsignificant 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 ofoperation ofany control equipment, process equipment,
or process for anypurposes;
(59) "Smoke," small gas-borne particles resulting from incomplete combustion, consisting predominantly, but not exclusively, ofcarbon, ash, and other combustible material, that form a visible plume inthe air;
(60) "Source," a facility that emits ormay emit any air pollutant regulated under the Clean Air Act;
(61) "Start-up," the setting into operation ofany control equipment, process equipment, or process for anypurpose;
(62) "Title I," Title I of the Clean Air Act Amendments, provisions for attainment and maintenance ofnational ambient air quality standards;
(63) "Title IV," Title IV ofthe Clean Air Act Amendments, acid deposition control;
(64) "Title V," Title V ofthe 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 ofthe 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 ofsolid 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) "Constructionpermit," a written authorization issued bythe board orthe secretary for the construction and operation ofa new source ormodification 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 ofManagement 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 ormore contiguous or adjacent properties, that is under control of

14the same person or ofpersons under common control, that belongs to a single major industrial grouping, and that is any ofthe 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 ofany hazardous air pollutant which has been listed pursuant to § 112(b) ofthe Clean Air Act, 25 tpy or
more ofany combination ofsuch hazardous air pollutants, or a lesser quantity established byrule by the administrator ofthe 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 ofair pollutants, as defined in § 302 ofthe Clean Air Act, that directly emits or has the potential to emit I00 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 byrulebythe administrator ofthe EPA; or
(3) A major source as defined inPart D ofTitle I ofthe Clean AirAct, including;
(a) For ozone nonattainment areas, sources with the potential to emit 100 tons or more per year ofvolatile organic compounds or oxides ofnitrogen in areas classified as "marginal" or "moderate, "50 tons ormore per year in areas classified as "serious," 25 tons or more per year in

15areas 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 peryear ofnitrogen oxides do not apply to any source for which the administrator ofthe EPA has made a finding, under § 182(f)(l) or (2) ofthe Clean Air Act, that the requirements of§ 182(f) ofthe 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 ormore per year ofvolatile 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 ofthe EPA, sources with the potential to emit 50 tons or more per year ofcarbon monoxide; and
(d) For particulate matter (PMIO) nonattainment areas classified as "serious," sources with thepotential to emit 70 tons ormore per year ofPMlO.

A source or group ofsources is considered as part ofa single industrial grouping ifall of the pollutant-emitting activities ofthe source or group ofsources belong to the same major group (i.e. which have the same two-digit code) as described in the Standard Industrial Classification Manual, 1987.

16Source: 

### List ofstationary 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 ofthe Clean AirAct.

Reference: 

### Standard Industrial Classification Manual, 1987, Executive Office of the President, Office ofManagement 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) Anypollutant that is addressed by any standard promulgated under § 111 ofthe Clean AirAct;

(4) Any Class I or II substance subject to a standard promulgated under or established by Title VI ofthe Clean AirAct; 

### er
(5) Any pollutant subject to a standard promulgated under § 112 ofthe Clean Air Act or other requirements established under §§ 112(g), (j), and (r) ofthe 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) ofthe Clean Air Act, any pollutant for which a subject source would be major shall be considered to be regulated onthat date; and
(b) Any pollutant for which the requirements of§ 112(g)(2) ofthe Clean Air Act have beenmet, butonly for theindividual source subject to § 112(g)(2) requirement; or

(6) Any ofthe six greenhouse gases designated by EPA as regulated airpollutants: carbon dioxide, nitrous oxide, methane, hydrofluorocarbons, perfluorocarbons, and sulfurhexafluoride.

Source: 19 SDR 157, effective April22, 1993; 21 SDR 119, effective January 5, 1995. General Authority: SDCL 34A-1-6.

18Law Implemented: 

### SDCL 34A-l-6.

CHAPTER74:36:09

PREVENTION OF SIGNIFICANT DETERIORATION



### Section 74:36:09:01 Applicability. 74:36:09:01.01 Prevention ofsignificant deterioration permit required. 74:36:09:02 Prevention ofsignificant 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 ofsignificant 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:

19invalidating EPA's regulation of greenhouse gases for any reason, the regulation of greenhouse gases by Article 74:36 are void as ofthe date ofsuch 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 FORNEW SOURCES ORMODIFICATIONS

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.

2274:36:20:05 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 ofconstructionpermit. Timely and complete application for a construction permitrequired. Required contents ofcomplete application for a construction permit. Applicantrequired to supplement or correct application. Permit application

-- Completeness review. Timeperiod for department's recommendation. Public participation inpermitting process. Public review ofdepartment's draft permit. Final permit decision-- Notice to interested persons. Right to petition for contested casehearing. Contents ofconstructionpermit. Administrative permit amendment. Procedures for administrative permit amendments. Reopening construction permit for cause. Procedures to reopen construction permit. Constructionpermit does not exempt from otherrequirements. Expiration ofa construction permit. Notice ofconstructing or operating noncompliance-- Contents. Petition for contested case or alleged violation. Circumvention ofemissions not allowed.

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### 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. LawImplemented: 

### SDCL 34A-l-21.

74:36:20:02.01. Initiating construction prior to permit issuance. 

### The owner or operator ofa 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 ofits intentions to initiate construction prior to issuance of the construction permit five working days before initiating construction;

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### (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 ofan existing source that may be imposed in the issued construction permit.

25Source: General Authority: 

### SDCL 34A-l-6, 34A-l-21. Law Implemented: 

### SDCL 34A-l-21.

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