( 

( 

PART V - PROCEDURE FOR ADOPTING PERMANENT RULES 

Serve head of department with a copy of 

(I) admission of service (Form I); 

Notice: 

(2) authorization to proceed (Form 2); 

(3) proposed rules; and 

(4) materials incorporated by reference. 

Get written approval to proceed. 

Service on Legislative Research Council (LRC) and Bureau 

of Finance and Management (BFM), publication of notice, 

and notice to interested persons must be done at least 20 days 

before the hearing. 

Service on LRC (two copies) and BFM (one copy) includes: 

(I) admission of service (Form 3 or 4 as applicable); 

(2) notice of hearing; 

(3) fiscal note; 

(4) proposed rules - double spaced; 

(5) (LRC only) copies of admission of service on department 

secretary and authorization to proceed (Forms I and 2); 

(6) (LRC only) one copy of any materials incorporated by 

reference. The materials will be returned after the review 

is complete; and 

(7) Small Business Impact Statement (Form 14) 

If rules have a negative fiscal impact on local political 

subdivisions, ask BFM to send a copy of its fiscal note to 

South Dakota Municipal League, Associated School Boards 

of South Dakota, and South Dakota County Commissioners 

Association. 

Publish notice of hearing in a manner selected to notify 

persons likely to be affected; minimum legal test is publication 

of notice in at least three newspapers of general circulation in 

different parts of the state. 

Send notice to interested persons . 

.. . Oommentperiod: 

Accept comments from public and from LRC. 

41 

SDCL 1-26-4(1) 

SDCL 1-26-4(2) 

SDCL 1-26-4(2) 

1-26-4(3) 

SDCL 1-26-4(2) 

SDCL 1-26-4.2 

SDCL 1-26-4.1 

SDCL 1-26-4.1 

SDCL 1-26-4(6) 

1-26-6.5 
( 

Hold public hearing. If a board or commission has 

rule-making authority, a majority of the board or 

commission must be present at the hearing. 

Keep comment period open for ten days following hearing; 

however, if agency is part-time citizen board or part-time 

commission, close comment period at end of hearing unless 

hearing is specifically continued to take additional comments. 

Adoption process: 

Make changes in rules after consideration of comments 

by public; make LRC's recommended changes; changes 

must be within the scope ofthe notice. 

Have rules signed by the person or a majority of the 

body with the authority to adoptthem (Form I I). 

Serve Rules'Committee with minutes of public hearing, 

complete record of written comments, and final draft 

of rules after heating. 

Serve final draft of rules with Legislative Research Council 

and obtain signature ofLRC approving the rules for 

legality and for form and style (Form 11). 

Appear and present rules to the Interim Rules 

Review Committee. 

FiliJlgwith Secretary ofStllte: 

File a copy of Form 11 and original certificate Form 13, with the 

SDCL 1-26-4(4) 

SDCL 1-26-4(6) 

SDCL 1-26-4(4) 

1-26-4(7) 

1-26-6.5 

SDCL 1-26-6(2) 

SDCL 1-26-4(8) 

1-26-4.3 

1-26-6(1) 

SDCL 1-26-6(4) 

1-26-6.5 

1-26-6.6 

SDCL 1-26-1.2 

1-26-4(8) 

SDCL )-26-4.3 

1"26-6(1) 

. )':-26-6(5) 

Secretary of State if the agency has appeared before the Rules Committee 

and minutes and final rules were served on the Rules Committee and ifall 

signatures have been obtained. No. more than 75 days may elapse between 

when the agency's public hearing commences and the rules are filed with 

the Secretary of State. 

Effective date: 

Rules are provisionally effective on the 20th day 

after filing with the Secretary of State. 

Rules are finally effective on July 1 after the next 

legislative session. 

42 

SDCL 1-26-6 

SDCL 1-26-6 
GT'!KiJDD J "l"II,'N 77FP"E .. 

PROCEDURE FOR ADOPTING PERMANENT RULES 

Step 1 

Forms 1,2 

Serve proposed rules on department secretary 

Wait 15 days or get permission to continue 

Step 2 

Forms 3, 4, 5,6, 14 

Serve rules, notice, fiscal notes, and impact 

statement on LRC and BFM 

No waiting period 

Step 3 

Forms 6, 7, 8, 9 

Publish notice of hearing and send 

notice to interested persons 

Wait 20 days 

Step 4 

Form 10 

Hold public hearing 

Wait 10 days unless the entity 

promulgating the rules is a board or 

a multiperson decision maker 

I Step 5 

Form 11 

Adopt rules 

No waiting period 

Step 6 

Forms II, 12 

Submit final, adopted rules to LRC for 

approval signature. Send final rules 

and minutes of hearing to Rules Committee. 

Appear and present rules to the Committee 

Step 7 

Form 13 

File rules and certificate of compliance 

with Secretary of State 

Wait 20 days 

43 

The times shown in the flow chart are 

the minimums established by SDCL 

1-26-4 and 1-26-6. Steps 4 through 7 

must be accomplished in 75 days 

(SDCL 1-26-4.3). 

The form numbers in the chart 

correspond to forms on the following 

pages. Your agency must create all of' 

these forms, with the exception of 

Form 5 (BFM 50.10), the fiscal note, 

which is obtained from the Bureau 

of Finance and Management, and 

Form 8, affidavit of publication, 

which is provided by the newspapers 

publishing your notice. 

Keep the originals of all of these 

documents in your agency files except 

for Form 13, the certificate, the 

original of which must be filed with 

the Secretary of State. While it is not 

required by statute, the Secretary of 

State has requested that a copy of 

Form II be filed with the rules and 

the certificate (Step 7). 

A more detailed explanation of this 

, entire process is contained in the 

Administrative Procedures Act, 

SDCL chapter 1-26. 
IN THE MATTER OF THE 

PROMULGATION OF 

ADMINISTRATIVE RULES 

Personal service of 

ADMISSION OF SERVICE 

(1) the proposal for the Board of Minerals and Environment to adopt amendments to 

chapter 74:36:21 - Regional haze program by revising sections 74:36:21 :02; 

74:36:21:06; and 74:36:21:09, repeal article 74:35 - Medical Waste, and adopt 

amendments to article 74:27 - Solid Waste by revising 74:27:07:01 and 74:27:13:17 

(2) all materials incorporated by reference 

+h -rT 

is admitted at Pierre, South Dakota, this l1. day of ..J\.(,~ ,2011. 

, Secretary of ~'- Department of Environment and Natural Resources 
( 

IN THE MATTER OF THE 

PROMULGATION OF 

ADMINISTRATIVE RULES 

WAIVER OF WAITING PERIOD 

Pursuant to SDCL subdivision 1-26-4(2), I, Steven M. Pimer, Secretary of the 

Department of Environment and Natural Resources, waive the fifteen-day waiting period before 

proceeding with the promulgation of the proposal for the Board of Minerals and Environment to 

adopt amendments to chapter 74:36:21 - Regional haze program by revising sections 

74:36:21 :02; 74:36:21 :06; and 74:36:21 :09, repeal article 74:35 - Medical Waste, and adopt 

amendments to article 74:27 - Solid Waste by revising 74:27:07:01 and 74:27:13:17 

,2011. 

Secretary of Department of Environment and Natural Resources 
( 

IN THE MATTER OF THE 

PRO MULGA TlON OF 

ADMINISTRATIVE RULES 

ADMISSION OF SERVICE 

Personal service of 

(1) the proposal for the Board of Minerals and Environment to adopt amendments to 

chapter 74:36:21 - Regional haze program by revising sections 74:36:21 :02; 

74:36:21 :06; and 74:36:21 :09, repeal article 74:35 - Medical Waste, and adopt 

amendments to article 74:27 - Solid Waste by revising 74:27:07:01 and 74:27:13:17 

(2) the Secretary of the Department of Environment and Natural Resources' Admission of 

Service and Waiver of Waiting Period; 

(3) the notice of hearing; 

(4) the fiscal note; 

(5) the Small Business Impact Statement; and 

~d~ L islative Research Council 

For these rules, the Agency contact person is: Rick Boddicker 

Phone Number: 605-773-3151 
f 

\ 

IN THE MATTER OF THE 

PROMULGATION OF 

ADMINISTRATIVE RULES 

Personal service of 

ADMISSION OF SERVICE 

(1) the proposal for the Board of Minerals and Environment to adopt amendments to 

chapter 74:36:21 - Regional haze program by revising sections 74:36:21 :02; 

74:36:21 :06; and 74:36:21 :09, repeal article 74:35 - Medical Waste, and adopt 

amendments to article 74:27 - Solid Waste by revising 74:27:07:01 and 74:27:13:17 

(2) the notice of hearing, 

(3) the fiscal note, and 

(4) the Small Business Impact Statement Form J 

i, h"eby rulmitted" Pierre, South Dakota, thl, ~ay of ~, 2011. 

For these rules, the Agency contact person is: Rick Boddicker 

Phone Number: 605-773-3151 
/ 

\. 

ADMINISTRATIVE PROCEDURES ACT 

FISCAL NOTE 

CODE '. NAME 

DEPARTMENT 20 Environment and Natural Resources 

DIVISION 2 Environmental Services 

PROGRAM Air Quality & Solid Waste 

PROPOSED RULE: Amendments to chapter 74:36:21 - Regional haze program by revising 

sections 74:36:21 :02; 74:36:21 :06; and 74:36:21 :09, repeal article 74:35 - Medical Waste, and 

adopt amendments to article 74:27 - Solid Waste by revising 74:27:07:01 and 74:27:13:17 

Hearing Date: August 18,2011 

FISCAL IMP ACT STATEMENT: The rule revisions for the Regional haze program will have 

no additional impact to any entities. The repealing of the Medical Waste Rules and the 

amendments to the Solid Waste niles with also have no impact on any entities. No additional 

staffing or resources by DENR are needed. 

FISCAL NOTE SUMMARY: List state agencies of local governmental subdivisions affected: 

None 

COST INCREASES (DECREASES) " 

State. Agencies: .' 

First-Year Impact .' Continuous-Yearly Impact '. ". ....., 

. . '. . ... '. . .' .... .... . 

TOTAL $0 $0 

Local Subdivisions: ..... . '. .' 

. . . ' . .. . .. '. '.' . 

TOTAL $ 0 $0 

Small Business . 

Increases (Decreases) . .' . 

TOTAL $0 $0 

REVENUE INCREASES (DECREASES) 

Revenue Increases (Decreases) . . . ' . 

State, Local & Small Business : '. '. '.' 

TOTAL $0 $0 

APPROVED ___ -'~'__~ ___ A ________ DATE 1 {rJ\ \ 

Signature Department Secretary T 
( 

SMALL BUSINESS IMPACT STATEMENT FORM 

1. Our agency has determined that the rule/s we are proposing have the following type of 

impact on small businesses: 

Direct impact (please complete remainder of form) 

o Indirect impact (please provide a brief explanation, then sign, date, and submit form. 

Questions 2 through 8 do not need to be answered) 

X No Impact (please provide a brief explanation, sign, date, and submit form - Questions 2 

through 8 do not need to be answered) 

~ The Department of Environment and Natural Resources is proposing that the 

Board of Minerals and Environment adopt amendments to chapter 74:36:21 -

Regional haze program by revising sections 74:36:21:02; 74:36:21:06; and 

74:36:21 :09, repeal article 74:35 - Medical Waste, and adopt amendments to 

article 74:27 - Solid Waste by revising 74:27:07:01 and 74:27:13:17. The 

department reviewed the types of businesses the new changes would affect and 

found that there will be no impact to small businesses in South Dakota. 

2. A general narrative and overview ofthe effect of the rule(s) on small business - written in 

plain, easy to read language: 

3. What is the basis for the enactment of the rules(s)? 

o Required to meet changes in federal law 

o Required to meet changes in state law 

o Required solely due to changes in date (i.e. must be changed annually) 

Other: 

4. Why is the rule(s) needed? 

5. What small businesses or types of small businesses would be subject to the rule? 

6. Estimate the number of small businesses that would be subject to the rule. 

1-99 0 100-499 0500-999 0 1,000-4,999 0 More than 5,000 

o Unknown - please explain _____________________ _ 

7. Are small businesses required to file or maintain any reports or records under this rule? 

o Yes No 

a. If "yes," how many reports must a small business submit to the state on an annual basis? 

b. If "yes," how much ongoing recordkeeping within the business is necessary? 

c. If "yes," what type of professional skills would be necessary to prepare the reports or 

records? 
( 

o The average owner of a small business should be able to complete the reports and/or 

records with no assistance 

o It is likely that a bookkeeper for a small business should be able to complete the 

reports and/or records 

o It is likely that a small business person would need the assistance of a CPA to 

complete the reports and/or records 

o It is likely that a small business person would need the assistance of an attorney to 

complete the reports and/or records 

o Other __________ --------------- o Unknown - please explain ___________________ _ 

8. Are there any less intrusive or less costly methods to achieve the purpose of the rule (i.e. 

fewer reports, less recordkeeping, lower penalties)? 

No - please explain: 

DYes - please explain _______________________ _ 

Approved by: 

Secretary of the Department of Environment and Natural Resources 

Date: 
( 

Chapter 

74:36:01 

74:36:02 

74:36:03 

74:36:04 

74:36:05 

74:36:06 

74:36:07 

74:36:08 

74:36:09 

74:36:10 

74:36:11 

74:36:12 

74:36:13 

74:36:14 

74:36:15 

74:36:16 

74:36:17 

74:36:18 

ARTICLE 74:36 

AIR POLLUTION CONTROL PROGRAM 

Definitions. 

Ambient air quality. 

Air quality episodes. 

Operating permits for minor sources. 

Operating permits for Part 70 sources. 

Regulated air pollutant emissions. 

New source performance standards. 

National emission standards for hazardous air pollutants. 

Prevention of significant deterioration. 

New source review. 

Performance testing. 

Control of visible emissions. 

Continuous emission monitoring systems. 

Variances, Repealed. 

Open burning, Transferred or Repealed. 

Acid rain program. 

Rapid City street sanding and deicing. 

Regulations for state facilities in the Rapid City area. 
74:36:19 

74:36:20 

74:36:21 

Section 

74:36:21:01 

74:36:21:02 

74:36:21 :03 

74:36:21:04 

74:36:21:05 

74:36:21:06 

74:36:21 :07 

74:36:21:08 

74:36:21 :09 

74:36:21:10 

74:36:21:11 

74:36:21:12 

Mercury budget trading program, Repealed. 

Construction pennits for new sources or modifications. 

Regional haze program. 

CHAPTER 74:36:21 

REGIONAL HAZE PROGRAM 

Applicability. 

Definitions. 

Existing stationary facility defined. 

Visibility impact analysis. 

BART determination. 

BART detennination for a BART-eligible coal-fired power plant. 

Installation of controls based on visibility impact analysis or BART detennination. 

Operation and maintenance of controls. 

Monitoring, recordkeeping, and reporting. 

Pennit to construct. 

Permit required for BART determination. 

Federal land manager notification and review. 

2 

( 
{ 

\ 

( 

74:36:21:02. Definitions. Unless otherwise specified, the terms used in this chapter mean: 

(1) "Adverse impact on visibility," visibility impairment that interferes with the 

management, protection, preservation, or enjoyment of the visitor's visual experience of the 

mandatory Class I federal area. Adverse impact on visibility shall be based on a case-by-case basis 

taking into account the geographic extent, intensity, duration, frequency, and time of visibility 

impairment, and how these factors correlate with times of visitor use of a mandatory Class I federal 

area and the frequency and timing of natural conditions that reduce visibility; 

(2) "BART," best available retrofit technology; 

(3) "Best available retrofit technology" an emission limitation based on the degree of 

reduction achievable through the application of the best system of continuous emission reduction 

for each pollutant that is emitted by an existing stationary facility. The emission limitation must be 

established, on a case-by-case basis, taking into consideration the technology available, the costs of 

compliance, the energy and nonair quality environmental impacts of compliance, any pollution 

control equipment in use or in existence at the source, the remaining useful life of the source, and 

the degree of improvement in visibility that may reasonable be anticipated to result from the use of 

such technology; 

(4) "BART-eligible source," an existing stationary facility; 

(5) "Coal-fired power plant," any person, corporation, limited liability company, association, 

company, partnership, political subdivision, municipality, rural electric cooperative, consumers 

power district, or any group or combination acting as a unit, owning or holding under lease, or 

otherwise real property used, or intended for use, for the conversion of coal into electric power; 

3 
PY/i

lIIwWwn 

(6) "Contribute to adverse impact on visibility," a change in visibility impairment in a 

mandatory Class I federal area of five-tenths deciviews or more, based on a 24-hour average, above ( 

the average natural visibility baseline. A source exceeds the threshold if the 98th percentile (eighth 

highest value) of the modeling results, based on one year of the three years of meteorological data 

modeled, equals or exceeds five-tenths deciviews; 

(7) "Major source," as defined in § 74:36:01 :08(2) and (3); 

(8) "Mandatory Class I federal area," any area identified in 40 C.F.R. § 81, Subpart D (July 

1, 2009); aREl 

(9) "Visibility impairment," any human perceptible change in visibility such as light 

extinction, visual range, contrast, coloration, from that which would have existed under natural 

conditions; and 

(10) "30-day rolling average," shall be expressed as pounds per million Btus and pounds per 

hour and calculated in accordance with the following procedures: 

Ca) Sum the total pounds of pollutant in question emitted from a unit during an operating 

day and the previous 29 operating days; 

(b) Sum the total heat input to the unit in million Btus during the operating day and the 

previous 29 operating days; 

(c) Sum the total hours the unit operated in hours during the day and the previous 29 

operating days; 

Cd) For pounds per million Btus, divide the total number of pounds of the pollutant 

emitted during the 30-day operating days by the total heat input during the 30-day operating days; 

(e) For pounds per hour, divide the total number of pounds of the pollutant emitted 

during the 30-day operating days by the total hours operated during the 30-day operating days. 

4 

( 

QWI!tll!9!···P 
, r 

A new 30-day rolling average shall be calculated for each new operating day. Each 30-day rolling 

( average shall represent all emissions, including emissions that occur during periods of startup, 

shutdown and malfunction. 

(11) "Operating day," means a 24-hour period between 12 midnight and the following 

midnight during which any fuel is combusted at any time in the unit. It is not necessary for fuel to 

be combusted the entire 24-hour period. 

Source: 37 SDR 111, effective December 7, 2010. 

General Authority: SDCL 34A-I-6. 

Law Implemented: SDCL 34A-I-6. 

74:36:21:06. BART determination for a BART-eligible coal-fired power plant. The 

owner or operator of a BART-eligible coal-fired power plant may not cause or permit emissions of 

the following regulated air pollutant in excess of the following amounts: 

(1) PMI0 emissions in excess of 67.3 pounds per hour, which includes periods of startup 

and shutdown; 

(2) PMI0 emissions in excess of 0.012 pounds per million Btus, which includes periods of 

startup and shutdown; 

(3) Sulfur dioxide emissions in excess of 505 pounds per hour, which includes periods of 

startup, ami shutdown, and malfunction; 

(4) Sulfur dioxide emissions in excess of 0.09 pounds per million Btus, which does not 

include includes periods of startup, ami shutdown, and malfunction; 

(5) Nitrogen oxide emissions in excess of 561 pounds per hour, which includes periods of 

startup, ami shutdown, and malfunction; and 

5 
(6) Nitrogen oxide emissions in excess of 0.10 pounds per million Btus, which does not 

inelude includes periods of startup, aH:d shutdown, and malfunction. 

Compliance with the PM 1 0 emission limits shall be based on an annual stack performance 

test using the performance testing methods in § 74:36:11:01 and using the average of three I-hour 

test runs. Compliance with the sulfur dioxide and nitrogen oxide emission limits shall be based on 

using continuous emission monitoring systems and a 30-day rolling average. 

Source: 37 SDR 111, effective December 7, 2010. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-I-6. 

74:36:21:09. Monitoring, recordkeeping, and reporting. The owner or operator required 

( 

to install and operate controls established in a visibility impact analysis or BART determination ( 

shall conduct periodic monitoring, recordkeeping, and reporting. All sulfur dioxide and nitrogen 

oxides emissions from the BART-eligible source shall be routed to the main stack of a BARTeligible source. Momtoring of sulfur dioxide and nitrogen mdde emissions from the main stack 

shall be conducted using a continuous emission monitoring system which complies '.vith the 

continuous emission monitoring requirements in chapter 74 :36: 13. The owner or operator of a 

BART-eligible source shall install, certify, maintain, calibrate and operate a continuous emission 

monitoring system for sulfur dioxide and nitrogen oxide in accordance with 40 C.F.R. Part 75 (July 

1, 2009), except the recordkeeping and reporting requirements for the continuous emission 

monitoring systems shall be in accordance with 40 C.F.R. § 60.7 (July 1, 2009). 

6 
Monitoring and related recordkeeping and reporting requirements for other air pollutants from a 

( BART-eligible source or from a major source or modification of a major source shall consist of at 

least the following: be in aeeordanee ",lith § 74:36:05:16.01(9). Reeordkeeping and reporting shall 

eomply vlith the reqltirements in § 74 :36:05:16.01(9). 

(1) All emissions monitoring and analysis procedures, alternative approved methods or test 

methods required in determining compliance with §§ 74:36:21 :04 and 74:36:21 :06; 

(2) As necessary, documentation of the use, maintenance, and if appropriate, installation of 

monitoring equipment or methods; 

(3) Documentation of the following: 

Ca) The date, place, and time of sampling or measurements; 

Cb) The date or dates analyses· were performed; 

Cc) The company or entity that performed the analyses; 

Cd) The analytical techniques or methods used; 

Ce) The results of such analyses; and 

(f) The operating conditions as existing at the time of sampling or measurement; 

(4) Recordkeeping and reporting requirements that comply with the following: 

Ca) Submission of reports of any required monitoring must occur at least every six 

months. Reports must clearly identify all exceedances with §§ 74:36:21:04 and 74:36:21:06. All 

required reports must be certified by a responsible official; and 

Cb) Exceedances of §§ 74:36:21 :04 and 74:36:21 :06, including those attributable to upset 

conditions, the probable cause of such exceedance and any corrective actions or preventive 

measures taken must be promptly reported and certified by a responsible official; and 

7 
(5) Requirements for retention of monitoring records and all supporting documentation for 

at least five years from the date of the monitoring sample, measurement, report, or application. ( 

Source: 37 SDR 111, effective December 7, 2010. 

General Authority: SDCL 34A-I-6. 

Law Implemented: SDCL 34A-I-6. 

8 

( 
( 

NOTICE OF PUBLIC HEARING 

The Board of Minerals and Environment will hold a public hearing in the Matthew 

Environmental Education and Training Center, 523 East Capitol Avenue, Pierre, South 

Dakota, on August 18, 2011, at 10: 15 a.m., to consider the proposed changes: amendments 

to chapter 74:36:21 - Regional Haze Program by revising sections 74:36:21 :02; 74:36:21 :06; 

and 74:36:21 :09, repealing article 74:35 - Medical Waste, adopting amendments to article 

74:27 - Solid Waste by revising 74:27:07:01 and 74:27:13:17 and revisions to South 

Dakota's Regional Haze State Implementation Plan. 

The effect of the proposed changes to the Regional Haze Program are to revise the emission 

limits for sulfur dioxide and nitrogen oxides to include periods of startup and shutdown for coal 

fired power plants such as Ottertail Power Company's Big Stone I facility. Compliance with the 

emission limits will be based on a 30-day rolling average. The proposed changes will also define 

a "30-day rolling average" and "operating day" for calculating emission rates. In addition the 

proposed changes will revise monitoring, recordkeeping, reporting, and other miscellaneous 

requirements. The reason for the proposed changes is to incorporate changes recommended by 

EPA, which will allow South Dakota to implement its Regional Haze Program. 

The repeal of the Medical Waste rules is being proposed because EPA has promulgated medical 

waste regulations for air quality and maintaining this air quality rule is unwarranted. 

The effect of the proposed changes to the Solid Waste rules is to include definitions related to 

medical waste which are being repealed in the Medical Waste rules. 

In the 1990 Clean Air Act Amendments, Congress added section 169B to strengthen and 

reaffirm the national goal and address visibility impairment from a collection of sources whose 

emissions are mixed and transported over long distances to Class I areas. South Dakota has two 

Class I areas and they are the Badlands and Wind Cave National Parks. 

South Dakota's State Implementation Plan was submitted to EPA for adopting a Regional Haze 

Program establishing measures South Dakota will take to achieve natural visibility conditions at 

its two Class I areas by 2064. South Dakota's State Implementation Plan is being revised to 

incorporate changes recommended by EPA, which includes a review of an additional technology, 

updated modeling results, and other miscellaneous recommendations by EPA. 

Persons interested in presenting data, opinions, and arguments for or against the proposed 

amendments andlor revisions to South Dakota's State Implementation Plan for its Regional 

Haze Program may do so by appearing in person at the hearing or by submitting written 

comments to the person and address noted as follows: 
Rick Boddicker, Environmental Scientist III 

South Dakota Department of Environment and Natural Resources 

523 East Capitol, Joe Foss Building 

Pierre, South Dakota 57501 

Written comments must be received by close of business on August 17, 2011, to be 

considered. After the hearing, the Board of Minerals and Environment will consider all 

written and oral comments it receives on the proposed amendments. The Board of Minerals 

and Environment may modify or amend a proposed rule at that time to include or exclude 

matters that are described in this notice. 

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

physically accessible place. Please notify the department at least 48 hours before the public 

hearing if you have a disability for which special arrangements must be made at the hearing. 

The telephone number for making special arrangements is (605) 773-3151. 

Copies of the proposed rules may be obtained without charge by calling Lita Magedanz at 

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

http://denr.sd.gov/des/aq/airprogr.aspx 

J& 

Steven M. Pimer 

Secretary 

Published once at the total approximate cost of _____ _ 
Magedanz, Uta 

Cc: 

Subject: 

Attachments: 

Importance: 

Dear Sir or Madam: 

Magedanz, Lita 

Friday, July 15,201110:31 AM 

AberdeenNews-Display (aan-Iegals@aberdeennews.com); BrookingsDisplay 

(bjensen@brookingsregister.com); HuronPlainsman-Display 

(rnewman.plainsman@midconetwork.com); Madison-Display 

(terra@madisondailyleader.com); MitchellDailyRepublic_Display 

(khenglefelt@mitchellrepublic.com); CapitolJournal-Display (legals@capjournal.com); 

Brandyn Crawford (Iegals@rapidcityjournal.com); SiouxFalisArgusLeader_Display 

(nwebb@argusleader.com); SpearfishBHPioneer_Display (dru@bhpioneer.com); 

WatertownPublicOpinion_Display (Ioni.anderson@thepublicopinion.com); 

YanktonDailyPress&Dakota_Display (heather.heimes@yankton.net) 

Boddicker, Rick; Regynski, Barb; Rilling, Holly 

FW: NOTICE OF PUBUC HEARING.doc 

All Display Letters.doc; NOTICE OF PUBUC HEARING.doc 

High 

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

. 'cerely, 

Lita L. M aged a nz 

Senior Secretary 

Department of Environment and Natural Resources Division of Environmental Services Office of Air Quality Program 

523 East Capitol Avenue, Joe Foss Building Pierre, South Dakota 57S01 Phone# (605) 773-3151 Fax# (605) 773-4068 

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

1 
American News 

Attention Display Advertising 

POBox 4430 

Aberdeen, SD 57402-4430 

Dear Sir or Madam: 

July 15, 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 21 sl day of July, 2011. 

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

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

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

Please submit the Affidavit of Publication and invoice to: 

Department of Environment and Natural Resources 

Division of Environmental Services 

Air Quality Program 

523 E. Capitol, Joe Foss Building 

Pierre, South Dakota 57501-3181 

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

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

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

Please indicate the dollar amount before publishing in your newspaper. 

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

Sincerely, 

y(tcx ft1~' d~ ~ Uta L. Magedanz 

Senior Secretary 

Air Quality Program 

Enclosure 
( 

The Brookings Register 

Attention Display Advertising 

POBox 177 

Brookings, SD 57006-0177 

Dear Sir or Madam: 

July 15, 2011 

DEPARTMENT of ENVIRONMENT 

and NATURAL RESOURCES 

PMB 2020 

JOE FOSS BUILDING 

523 EAST CAPITOL 

PIERRE, SOUTH OAKOTA 57501·3182 

www.state.sd.us/denr 

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

issue on the 21 st day of July, 2011. 

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

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

with your invoice will nullify your claim for publication fees. 

Please submit the Affidavit of Publication and invoice to: 

Department of Environment and Natural Resources 

Division of Environmental Services 

Air Quality Program 

523 E Capitol, Joe Foss Building 

Pierre, South Dakota 57501-3181 

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

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

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

indicate the dollar amount before publishing in your newspaper. 

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

Sincerely, 

~f?L r>f. (Y103 e lfl1i1 ~ Lita L Magedanz 

Senior Secretary 

Air Quality Program 

Enclosure(s) 
( 

Daily Plainsman 

Attention Display Advertising 

POBox 1278 

Huron, SD 57350-1278 

Dear Sir or Madam: 

July 15, 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 21 sl day of July, 2011. . 

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

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

your invoice will nullify your claim for publication fees. . 

Please submit the Affidavit of Publication and invoice to: 

Department of Environment and Natural Resources 

Division of Environmental Services 

Air Quality Program 

523 E. Capitol, Joe Foss Building 

Pierre, South Dakota 57501 

.. 

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

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

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

amount before publishing in your newspaper. 

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

Sincerely, 

XiJcG eX: (}II fj ~/M1l/ Uta L. Magedanz 

Senior Secretary 

Air Quality Program 

Enclosure 
( 

·I!f!'lfrV3'!'f.~ 

DEPARTMENT of ENVIRONMENT 

and NATURAL RESOURCES 

PMB 2020 

Daily Leader 

Attention Display Advertising 

P. O. Box 348 

Madison, SD 57042-0348 

Dear Sir or Madam: 

July 15, 2011 

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 21 st day of July, 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 ot Environment and Natural Resources 

Division of Environmental Services 

Air Quality Program 

523 E. Capitol, Joe Foss Building 

. Pierre, South Dakota 57501 

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

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

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

amount before publishing in your newspaper. 

. . . 

If you have <;!ny questions, please contact this office at (605) 773-3151. 

Sincerely, 

M, lee .If. /Yll!j tci(U1 ~ Lita L. Magedanz () 

Senior Secretary 

Air Quality Program 

Enclosure 
I I 

The Daily Republic 

Attention Display Advertising 

P. O. Box 1288 

Mitchell, SD 57301-1288 

Dear Sir or Madam: 

July 15, 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 21 si day of July, 2011. 

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

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

your invoice will nullify your claim for publication fees. 

Please submit the Affidavit of Publication and invoice to: 

Department of Environment and Natural Resources 

Division of Environmental Services 

Air Quality Program 

523 E. Capitol, Joe Foss Building 

Pierre, South Dakota 57501 

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

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

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

amount before publishing in your newspaper. 

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

Sincerely, 

;)1, /4- 0 IFI (!j e Jtvn!f~ Lita L. Magedanz . 

Senior Secretary 

Air Quality program 

Enclosure 
( 

Daily Capital Journal 

Attention Display Advertising 

POBox 878 

Pierre, SD 57501-0878 

Dear Sir or Madam: 

July 15, 2011 

meT" 

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 21 st day of July, 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 

DivisiQn of Environmental Services 

Air Quality Program 

523 E. Capitol, Joe Foss Building 

Pierre, South Dakota 57501 

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

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

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

Please indicate the dollar amount before publishing in your newspaper, 

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

Sincerely, 

(If·k 21· /J1at{uJtvJ12x 

Lita L Magedanz \j {) 

Senior Secretary 

Air Quality Program 

Enclosure 

--
Rapid City Journal 

Attention Display Advertising 

PO Box 450 

Rapid City, SO 57709-0450 

Dear Sir or Madam: 

July 15, 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 21 st day of July, 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 amouilt will now appear at the bottom of the public notice. 

Please indicate the dollar amount before publishing in your newspaper. 

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

Sincerely, 

~t~M~d~~~elan~ Senior Secretary 

Air Quality Program 

Enclosure 
( 

_ w 

DEPARTMENT of ENVIRONMENT 

and NATURAL RESOURCES 

PMB 2020 

Sioux Falls Argus Leader 

Attention Display Advertising 

PO Box 5034 

Sioux Falls, SO 57117-5034 

Dear Sir or Madam: 

July 15, 2011 

JOE FOSS BUILDING 

523 EASTGAPITOl 

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 21 S

!day of July, 2011. . . 

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

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

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

Please submit the Affidavit of Publication and invoice to: 

Department of Environment and Natural Resources 

Division of Environmental Services 

Air Quality Program 

523 E. Capitol, Joe Foss Building 

Pierre, South Dakota 57501-3181 

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

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

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

Please indicate the dollar amount before publishing in your newspaper. 

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

Sincerely, 

C1,!-C0 C1 /7/ (jec/~r7y Lita L. Magedanz 

Senior Secretary 

Air Quality Program 

Enclosure 
( 

Black Hills Pioneer 

Attention Display Advertising 

315 Seaton Circle 

POBox 7 

Spearfish, SD 57783-0007 

Dear Sir or Madam: 

July 15, 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 21 st day of July, 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 theAffidavit of Publication and invoice to: 

Department of Environment and Natural Resources 

Division of Environmental Services 

Air Quality Program 

523 E. Capitol, Joe Foss Building 

Pierre, South Dakota 57501-3181 

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

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

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

Please indicate the dollar amount before publishing in your newspaper. 

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

Sincerely, 

J/,-jq /( )1?CV €cI~"t1 ~ .. 

Lita L Magedanz 0 

Senior Secretary 

Air Quality Program 

Enclosure 
( 

· 

DEPARTMENT of ENVIRONMENT 

and NATURAL RESOURCES 

PMB 2020 

Public Opinion 

Attention Display Advertising 

120 3rd Avenue NW 

POBox 10 

Watertown, SD 57201-0010 

Dear Sir or Madam: 

July 15, 2011 

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 21 S

!day of July, 2011. 

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

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

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

Please submit the Affidavit of Publication and invoice to: 

Department of Environment and Natural Resources 

Division of Environmental Services 

Air Quality Program 

523 E. Capitol, Joe Foss Building 

Pierre, South Dakota 57501 

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

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

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

Please indicate the dollar amount before publishing in your newspaper. 

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

Sincerely, 

~·fcL X· fJ1!!:J U//vJ1y/ 

Lita L Magedanz 

Senior Secretary 

Air Quality Program 

Enclosure 
( 

Daily Press & Dakotan 

Attention Display Advertising 

319 Walnut 

POBox 56 

Yankton, SO 57078-0056 

Dear Sir or Madam: 

July 15, 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 21 sl day of July, 2011. 

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

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

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

Please submit the Affidavit of Publication and invoice to: 

Department of Environment and Natural Resources 

Division of Environmental Services 

Air Quality Program 

523 E. Capitol, Joe Foss Building 

Pierre, South Dakota 57501 

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

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

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

Please indicate the dollar amount before publishing in your newspaper. 

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

Sincerely, 

uYf:k;f ;!7/0j e /c'71 V 

Lita L Magedanz d 

Senior Secretary 

Air Quality Program 

Enclosure 
( 

f5 yP D IC , 11''/':;; 

Affidavit of Publication 

State of South Dakota 

ss 

County of Brookings 

Laura Johnson of said county, first duly sworn, on oath, 

says: That she is the office clerk of THE BROOKINGS 

REGISTER, a daily newspaper, printed and published in 

the City of Brookings, in said County of Brookings, and 

State of South Dakota; that she has full and personal 

knowledge of the facts herein stated; that said newspaper 

is a legal newspaper and has a bona fide circulation of 

at least two hundred copies of each issue daily; that said 

newspaper has been published within the said County of 

Brookings and State of South Dakota, for more than one 

year prior to the first publication of Exhibit "A," hereto 

attached and herein mentioned, and was and is printed 

that the 

Display legal - Notice of Hearing 

same was published, is hereto attached marked Exhibit 

said newspaper for _____ 1:.,.times, to-wit: 

July 21,2011 

said Exhibit "A" inures to the sole benefit for the publishers of 

said newspaper; that no agreement or understanding for the 

division thereof has been made with any other person, and 

that no part thereof has been agreed to be paid to any 

person whomsoever; that the fees charged for the publication 

thereof are: 

Three hundred ninety six dollars, $396.00 

~fi;M-;:ft;ild£-AqiJl1$::fl."'''-:f~;fe'~;+ 

$ KATIE COBS J $ :.-, NOTARY PUBlIC 

+~Al"Wl 

$~SOUTHDAKOTA •••• "'d"n ~ ~ ffi Subscnbed"a"ne(sWOMFo e 8- e this 

July 

~2=2~nd=-___________ dayof 

Notary Public in and for the County of Brookings, South Dakota. 

My Commission expires July 14, 2015 

Exhibit "A" 

" , 
NQTICE OF NJJlLIC HEARING 

The Board of Minerals and Envifonment will hold a public hearing in the 

Matthew E"lvironmental Education and Training Center, 523 East Capitol 

Avenue, Pierre, South Dakota, !0:15a.m.; to consider the 

.1'rbpos(ijchaiiges: Program 

.,' by . article 

74:35 - Medical Waste;adopting 74:27 - Solid Waste by 

revising 74:27:07:01 and 74:27:13:17 and revisi~ns to South Dakota's.Regional 

Haie State Implementation Plan, '. ' •. ' 

The effect of th~ proposed changes to the Regiol)al Haze Program ';"e to~~~ise the emission limits for sulfur dioxide and nitrogen oxides to include periOds of 

startup "l'd shu,tdown for~oal fiW.:lpowerpl~ts such .asOtt~l'tail ~,!weh . 

Company'sBigStone lfacility:COInpliancewith the emission limitswill·be 

basedon a30-day rolling ayerage.Theproposed changes wil1also .. defJ/,e~ 

"30-day rolling average" and "operating day" for calculating emissionrau,s.In 

addition the proposed changes w~ revise monitoring, recordkeeping,repOpiilg,' 

and other miscellaneous requirements. Th~ r~as~n for the proposed c~ges j~ to' 

incorporate changes recommended by EPA, which will allow South Dakd\il'/o 

implement its Regional Haze Program.. . . .' 

he repeal of ilieMedicaJ Waste rul~s is bemg proposed because EPA.~~ promulgated medicoiI w~te regulations for air quality and lUainlainingthis air 

quality rule is Jnwarran!ed. . . 

The effect of the proposedchal)ges to the Solid Waste rules is to mclude 

definitions relatOtito me4i.ciUwa~tewhich •• ~ lxlil)g rep~aled inthe.~~l,:al Waste rules. ... . . . . - .... 

<, '" -' '-', :,"."': ,"-' --, - • - .' ,_:-.- ''',.\ 

In the 1990Clean AirActAmendments, Congress added section 169B!';' '. ''-

strengthen al)d reafflllIlthe ~ational go3Jand address ~isibilityinlpaimi~ntfrom' 

a collection of sOufceswhoseemissionsirre mixed and transported6Y~rJ9ng 

distailces to ClaSs I areas. S6uthDilkota has two' ClaSs! areas and theyare the 

Badlands andWind Cave Natio~al ParkS. . 

South Dakota's State Implementation Plan was submitted.to EPA fOf!'<!Opthlg It 

Re~onal.~~~ Pro~'estab~shing measures.SouthDak~ta ~iIl !akei(); .. ~hieve 

natural VISIbility condillons allts two Class I areas by2064 .. S<;lUth ])al<.-91ll~s . 

·~I!!.1&Impli.J!!l'!ll~tjg!!J)!an iSQ."-ing,!,,-vis~jQj!l~9W9r,~iH~l!I!ge~_~£Q.mmel!<:!~(L by EPA,which includes a review of im. ad<iitional technol~gy,uP<lated modeling 

results, andothermi~.';'IIaneous re~ommep&itions byIIPA. ' . . ..... 

Persons interested in presenting d;lta;,?P~O~,~, ~~ .~~ents ror,~r a?_~,t th~ proposed amendments andlor revisIons to South,Dakouh Siate Implem~ntiltion 

Plan for its Regional Haze Program may do. so by app~aring i,n pe!S~~ ~t the 

hearing or by. submitting written comments 10 the person'and addregsrioted as 

follows: . 

Rick Boddicker; Environmental Scientist ill 

So~th Dakota Department of Environment and Natural Resources 

523 East Capit~l, Joe Foss Building '. 

Pierre, South Dakota 57501 

Wrilt!'n comments must. be received bycIose of business on August i7, 2011, to 

be considered. After the hearing, .the Boar.d of Minerals and Envirbnment will 

consider all 'Yritten and oral comments it 'receives on ,the proposed amendments. 

The Board of MineraIs and Environment may modify of amend a proPosed rule 

at that time to include' or exclude matters that are d~scrib_ed in this notice. I 

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

held in a physically accessible place: Please notify the deparllnent at least 48 

hours before the public hearing if you have a disability for which special . 

arrangements must be made at the hearing. The telephone number for making 

specialarrangementi is (605) 773-3151. . '. 1 . 

.:" '-', '/ -"-- --,,-"-

Copies of the proposed n¥e~ maybe obtairied without charge b~ callin,g I,illl 

_. Magedanz at-<605) 773,3J5Lorfromthe.fQllowing.»'ebsite<._-c-'----_--~-chttp://dem.sd.gov/des/aq/airprogr.aspx 

Published once at the total approximate cost of $396.00. 

RIC ! -••. pm,p !lIPpI,UY 
( 

RECEIVED 

AUG 05 2011 

! ( AIR QUALITY 

i1Ftc kll 7j '1' 1) / I. PROGRAM /1/ Iv 0 I /\ . .12 P t{ () /1 (( 

AFFIDAVIT OF PUBLICATION 

STATEOFSOUTHDAKOTA ) 

) SS 

COUNTY OF DAVISON ) 

Annette Kroger of said county, being, fIrst duly sworn, on oath, says; that she is 

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

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

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

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

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

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

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

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

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

was published in said newspaper for _1 __ issues( s), to wit: 

7-21-11 2x9.5 Display Advertisement-Notice of Public Hearing 

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

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

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

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

whomsoever, that the fees charged for the publication thereof are: _$331.55_ 

Signed: ~q1 d±~ J L~ 

Subscribed and sworn to before me this ~ /?+h day of Ju '1 ~o f J 

Notary Public 

County of Davison 

My Commission Expires: 9-15-2012 

Prepared by: The Daily Republic. PO. Box 1288. Mitchell S.D. 57301 605-996-5515 
NOTICE OF PUBLIC HEARING 

The Board of Millerals an~ Enviromrient will hold apublic hearing 

in the Matthew Environmental Education and Training Center, 523 

East Capitolc\v~nue, Pie~e"South Dakot~, on: AU$liSI 18,2011; at 

10:15 a.m., to. consider the proposed changes:. ~amendments to chapter. 74:36:21 '.:-;-, Regional. HaZe Program by.re~ising. sections 

74:36:21:02;·74:39:21:06;and.74:36:21:09;repealing artic1e74:35-

Medical Waste, a\lopting amendments to artic1e74:27 -Solid Waste 

by revising)4:27:07:01 ap.d 74:27:13:17 an,d revisions to Sonth 

Dakota's Reg;onal H~e;~ta,teIn:iple!ll.entatiOIl nan: .. ,. '<_' , > • -, :. \.' ': •• ,,'"' ,- , ... ~. • '" " ,_', ('."." I , .. ' • ; '; _', '. :' :. ,.. ". _. '.' 

The effect of the proposed changesto the Regional Haze Program are to revise the emission limitsfoi sulfurdi()xideai:J.dnitrogen 

oxides to ill.elude peri9ds of st1lrtUPand s~utdo\Vn foreoal fired 

power plants suchils OttertailPowerCoiijpariy'sBigStol1e I facility. (;ompli.ance,witi) ,the. emission limits. Will o~qased . .ona 30~day rolling average. The proposed changes will. also .define a,"30cday 

rolling average" and "operating day:' for calculating emission rates. 

In ".ddition the prop?sed changes will revisern()nitoring; recordkeepc 

ing; 'reporting; ap.~?th"r~stellaneolJ.s requireme,llts. The reason for 

the proposed, changesjsioinci>rPoraiechangesre~onfu:iellded by 

EPA, .which will allow South Dakotllto,jl1'Blement it§Re~i9pal.Hll.Ze 

Pr~graln~~ ;",; ;t ;:'.""~'~ \:';,.:,_: '" ,;:~:<" .: .j':;,'",",,'>. ' . 

The. repe<JJ. of ilie Me\lidllWasteiides ·.lslJeingpr()p~~~iI because 

EPA has promulgated 'medical.w¥t~.regiI1ations f"r, air quality and 

Il'aintaining this air quality rule is illiwaria!lt~d,' , 

Theeffectof.t:lle piopo~~dcJ1angesto the·'soligWasfi!'i1Iles. is t9 

include.defmitions relate'dto.niedicalwasi(i~hich'are beiilgiepe3J.ed in the MediCaIW.sle.mles.·' ., ." ..... ' .. 

m tb:e li90<::l~~i\irActAm~ndmentS;C9rtgJ:"SS~dd~g'~~blion 169B to stf~nit4~n~an.d··~ea£fnin.tjieriatioilalgo;ll,.,;nd.addr~s~.visi­ bility impairmen(Jrom a collection.of.~ollrces, whose·emissionsare 

mixed and transported over olongdistances to Class Jareas:, 'south 

Dakota has two Class I areas and they are the 'Badlands aildWmd 

Cave Natioilal ParkS.'· ", . .,,' '''.:, "~i. :,'.' ;l"~\' .?:.:- _: , ., '- ,- -- . __ , _ .. _, <," ':' n . _ 

South. Dakota's State l'mplementationPlanwassubmitted to EPAfor 

adopting·. a 'Regional. Haze . Ptograni; eshlblishing.· measures South 

.. Dakota will take. to achiev'!uiatwaLl'isibility_ conditions'atilstwo 'CI~sTareas-Jjy-2004:-South Dakota's State l'mplementation Plan is 

befug TeviSI'd tQ.incorporate changes recommend.~d by j:lPi\;,which 

.inclllcles a review of an'. additional tecl)nol'lgy,; ·updated .. modeling 

results, and other iniscellaneous. recommendations by EP.f\1. . . . ",."-,,,.~'.'~ "" - . 

Persons iJJ.terested iii presenting data,opinloD:s;ariq,argum~rii~fo{or against the proposed,.amendJ1!en\s and/or revisip!lsto's'll,lth Dak"til's 

State l'mplementation Plan foritsR,egional Haie Program.may.dp .so by appearing in' person at .the hearing or by submittingwritt<;ncomments to iheperS(l1llll1d¥.dressnote1 as foQo~~: ..... . 

•.. Rick 13().ddi~k~r, 'Eii"ironm~~talic;~riiist ill 

South Dakota Departrnentof Enviro!lIIlentatld Natnral E.esollfces . 523 East Capitol, Joe Foss Building , . . 

. Pierre, South Dakota 57501 , , ",'-.,-"'" '1'-

Writtencominenis mustbeleceived byd6se ofbusine~s on August 

17; 20U,tobe·consider9d. Afterthe ~earing;the Board of Minerals 

and Envir()!lIIleut wilCconsider'all written and,' oral cornents it 

receives ori. tqe proposed amendments: '. 'Th~.BOaJ'd ofi\1inerals and 

Environrtien.fmay modify or amep.d a proposed 11Jle,at tha(!ipte to 

include orexcll1de'l!1!!tters):hat are described in thisnotice:·. ' . 

Notice is further given to individulliswith disabilitieS:lhat this 'hearing is' being nel.d ill a physically accessible place: Please .notify the 

department at least 48 hours before the public heil!ing if you have a disabilityJor which, special arrangements 'mnst be made at the hearing. The telephone rium~er for making special arrangements is (605) 773-3151: !.: ... , '" •..• . , " 

Copies of the proposedriHes may be obtained without chilrgeby calling Lita Maged

lll1zat(605) 773'3151 or from thefollowing website: 

http://d~nr.sd:gov/des/ag/airpiogr.aspx . 

"'-A~ .'--J 

Steven 

Secretary 

l'v:L Phller~ J 

Published once at the total approximate cost of _-,$",3""3",,1=.5,,,,5,--_., 
RECEIVED 

AUG 04 2011 

AIR QUALn y 

PROGRAM 

pital 3Journal 

AFFIDAVIT OF PUBLICATION 

State of South Dakota, County of Hughes 

0\".0--' VJ lC Y\ 0 \ fi . of said county, being, first duly sworn, on 

oath, says: That hQ;~s the publisher or an employee of the publisher of the Capital Journal, a 

daily newspape~'!isfied in the City of Pierre in said County of Hughes and State of South 

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

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

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

}~ear next prior to the first p~~lication of t~e attache,d,public.notice, an9 that th~ver- tisement headed N C) ±' l ( 12 . () £ f\.A._A::? 1 \ c., -\-\s: qr =c \ V\.~ 

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

successive week(s) to wit 

-:3v-\..~ :2...\ 20 ~~ 20 

l 20 20 

20 20 

20 20 

20 20 

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

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

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

to any pe e fees charged for the publication thereof are: $ ~\..Ila ,0\ 

Signed: _..::s;:S~~.:::6~"""'4...2::"""..b:::~::::.::::",:;d::.,· ~ 

subscribed and sworn to before me this --l=,,--_ 

Notary Public in and for the County of u hes 

My Commission expires .::L ~ \ q 

, Somh Dakota. 

,20§. 
NOTICE OF PUBLIC HEARING 

The Bond of MiMnl. and EnvironmenL wm hold a publk honing in Ihf Matthew 

Environmenlal Educalion and Training Cenler, 523 £:tn DpilOI A,'enue. Pie"e, Sculh D •. 

I 

~~I:rn7Z:~~;: ~8R:i~l~a~I~~~5 ~~;~: ~n:~:~n~~~:~:,S;~:~~:~~~~~:; ;4~~~~~oe;I:~~ I : 74,36:21:09, repealing article 71;35 - MeJi",,1 Waste, adopting amendments 10 artide 71:27_ 

Solid WOlle by revising 71'27:07:0] ond 71;27,]3,17 and revisions 10 South DokOl:t', Regional 

Haze Slale Implemenl,u;on Pion. 

The oif,,,,t of the propo$Cd chang~s to Ihe Regiona! HOle Prognnt arc 10 ,,,vise Ihe emis' 

sion limils for sulfur diOJ(ideand nilrogen oxides to indude periods of slartupand shuldown 

for coal fired power plants roch as Onertai! Powe, Comp.n)'; Big Slone! f.dlity. Compli. 

an~e with the emL",,;on limits "ill be ba"'-:d nn aJO.d.y rolling"' ... gc 1l1cpropnscd ch~nges 

,,~I .J.o Jc!i"c' "3U.Jay .. ,l1int: ~'<,al<' ami "uf'<-..-.lil\g J./ r." ,~kul"li"!\ em!.,.i"" ta'., 

In odJition the proposed changes will revi,e monitoring, r«Oldkeeping, reponing, ond other 

mi«cllaneom rcqui,cmenls, The ,c.~on for Ihe proposed Chan~CI i.< LO incm!,o"l" changes 

"'ommended by EPA, which will "lIow Soulh OokoLa 10 implement ilS Regio".1 Ha7.e Pros"'m, 

The repeal of Ih~ Mcdk.1 \\"$Ie rul., is being prol'o""d b"(1u,e EPA has promulg.lod 

med;cal waSle regulOlions for ai,qualityand m.1inLoining Ihis o;rquol;l), rule is un"'arranl~d 

'J ht: .Uo:d "flh" propo.td ch,lnjo:e.' «, Lhe Solid \\'~'k rules ij I" indu,lt: ,Idinili"nj rd.led 

10 medico1 wast. which are heing repealed in the Medicol WasteruJe.. 

In the 19!1!l Clean Air Act Amendmenl!, Congress odded soction 169B tOllrengthen and 

re.ftinn Ih" nalional go.land addTeS5visib,lityimpai'menl from 3 collecLion of <om,,", who.,. 

em;,,;oos are mixed and [r:lnsporIN over long dilLonce, 10 Class I areaS. Soulh Dakot" has 

ruoCI, ... I area,anJ Lh.y~re tbe &dland, anJ Wind Dve NOlinnal Parh 

South DakOla', StaLe implemenLation Pion "'''s submittN LO l:FA for adopling. Regional 

H.ze ProSram .. tabli,hing me"ute, Soulb OakOla will lakolO 3chie"e nalural >'i,ibili!y condil;On' 01 iI' IWO Closs I are .. by 2064. SoUlh OaI<oL" Stale Implemenlalion Pion i, being 

m';led LO inCOrpor:lle changes recommended by EPA, \\'h',h indud« a re"iew nf an additional 

technology, updoted modeling result" anJ oLher mi,eellaneou. recommenJation, br EPA. 

Persons inLer.'led in pr«enLing dalo, opinions. atld argument< fOT Or 'gain'l Ihe pro. 

posed amenJmenL' andlo, revisions 10 South OakoLa', Stale Irnp1cmenlalion Plan for iI' Re. 

Si~",,1 Hau: Program may do so b)"oppe"'ing inpm<!n at Ihe heoringorb), ,uhmillins \\'rillen 

Commem, Lo ,h. person anJ address nOleJ 0, follows: 

Rick lIorlJicker, En"iroom.mal Sde"li,tlll 

Soulh Oakoto D"PartmenL ofEn,';ronmenland Natural Re<ou"es 

523 Easl Cop;loJ,)O. foss Building 

Pi .... :, Soulh D~knl3 SnOl 

Written <ommenH mull be r...,ehoed brdo'eofbuli".~,on l\u~u<1 1~,2nll.1O be<on<id. 

cr~". A(ler Ih" hea'in~, (h" 11"",,1 of I>lio..-r.I, ,nJ En'in:nm~nl will ,,,n.ide,.1l wrilLe" .nJ 

: ::~~~:;':~;';y'~~<~~;n~~1:~:~;:;;;~~I::;~hd"7,0i:~ ,~I;~:I\:;:Jo:'~~!::~~'::'~:r::;~~~:~; de<CJibed in Ihis nolice 

,,"olice i, further gi"en to inJ;,idual, w;lh di>.:tbi1ities 11"1l Lhi' hearing ;s bo;n!; held in 

~ ph),,;,~n)' ~ca"ible pioce, I'lea~ nOlify Ihe depanment 'L leo~t 4~ 1;0"" bdMe Ih. public 

he"'ing if rou hO\'." di"bilily for which 'pecial ~"an!;'menn mu,1 be moM O! Ihe hoarin~ 

11'0 Idepl]nn~ numb"T (or nt.~"'g 'podJI ''''''''gem,'nl" is (6115) ~73-l15t 

Cnpi.,oflhe prop"<.,1 rub mo!' be~hL~in"rl wilooul <h"rgc ~\' '.,lIin~ Lila ,\I'~'J'n' "I 

((,1,.,) 77,1-3)., I or front Ille (~lIn"'in!; \\'eh<ile: hUp:fld~nr.,J_g''!\'/d.'i"q/;",p,ogr,,,,p, 

SI"'Cn .\1. PirneT 

SenelJtI' 

'IIHUP 
( Watertown Public Opinion 

AFFIDAVIT OF PUBLICATION RECEIVED 

JUL 29 2011 

STATE OF SOUTH DAKOTA AIR QUALITY 

COUNTY OF eODINGTON } ss 

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

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

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

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

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

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

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

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

__ T.:.:h:!:u!!:rs~d:!!.ayl......._ ' the _-,2",I:.:;s;;..t _ day of ___ J;.;:u"'ly'--__ 20 II, 

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

$5.00 affidavit fee, to-wit, the sum of$325 insures solely to the benefit of 

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

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

has been agreed to be paid to any other person. 

My commission expires June 28, 2017 

PROGRAM 

wmrr'U1!IpUlWZ • 
Watertown Public Opinion 

AFFIDAVIT OF PUBLICATION 

The -BO~rd:;:Of _:-Minerals::-arld, Envii"b.~m·~~t wiO,',hold':a' PUbl'iC,~ _ti'earing';j'f!' th~"':'-' " Maij~~w. Environm.ental Educati.on and Training qenter; 523 Easi CapitorAv" 

enue,. Pierre, SquthDakota" ?nAU9ustI8; 2011; ar10:1 5~.m., .. toconsider 

the prOPOSe? cliariges!:amendrrieni~ to chapi~r]4:36:21-., RegiOiiaLl:la~e •. 

~rogrim\ by revising sections '74;36:21 :02; 7 4:~6:21 :06; ard 74:36:21 :09,.'e-" 

pealing article 74:35~ fIIledicaIWaste;adoptlng' amendmeriistoaiticle'74:27",' 

':'" SolidVV~ste byreylsiilg74:2?:07;9,1. a~d74:2?:13:17and re~isions t?S~uth' --.'Dakota's Regional :~taze Statei' Implementation Plan. _ . ' ",;., , .. :' .. \? f \:~ :.::., ',' ,-:.'_ ," ";::- i;',":,' _1-"':,;.' --';'1", '""~,, "i".'\ ,~''-;'d'IJ''. .. -, .,-, -, , •. ,,, .. ".,',.'", ',.' 

,,:.; - . ,"' ".,',; c, . ' .• _'_ '/ ";', -.. ;' '; -. -:'-f ',... ,'-'" .,;:, "'; .,::- .i :;,~r;: (, _, .. ' T"- -, ... :.- ~':'.: , .' .;~_; ,!~; I" ,:',' \:" : :~"', · '. The. effectoflhe proposed bhangest6theRegionai Haze. Programar~ to re',,' 

,.v.ise. the·'.emj~s'i()n '.~irriits' for SUlfur'~i6?<ide and.nitrogeil" oxides, to in~Jude 'per-F, j 

ods of startup' ~nd §hutdowrfor PO?' fired pow"r plants,suchasptter\ail ,. 

,rqwe~ q9mp~(iy's Big siorie l;ta9i1itY. Compliance with )he emission iiil]itswill:, 

, be basedon a30-day r911lngaverage, The proposed changes wi.1I als~define 

a "30:pay '~OJljIJ~f av~nige".an~ "operating' day}or c::alcul~ting, ~.misslon rat.es,· 

In:ad~iti.9n.th~'propqs~dc.hange.swi!l, re;'is~c monitoring," record keeping, 're-.. 

'::·~:~9~.ipg·:,~·r9,~tn~ir,rni$g~!I~n~ '" ,~ire~~n,ts, T~~ r~~SO~~1?,r.t~~,8fo89s~P , 

~;b~l'D9,!'~ is to,.jn99 recom",ended by EPA·,,,,hi?h",iII'allow" 

: '~puthDak6tat(),!m ". . na!,Haze Prpgram;'., .. :.o,., .... ";,, .. ' "',". ;~';:. ;',~{~:~~.0~:,; '::~?):'.':-,q ,:~r;',!:;: -:.; .. i;,:;i:1':?.' ,)'::::'1,>} :; :<i" . \~):;~<, ~j::::'.:>": .;: ,:·:,~:,...::~.:J~::£,,::;:./'r.~ ~ "~ i:~,: ,,:y;",.;' :~-:!';"~'±\'\:i J~.;~': "':' ,: 

.c·. T~~:repeal ,of ,!heN~d.I,~I.V'!~~te,rules. is being pr9go .. "q.b~9~uJ~,:!if~Ii"f proIJ1,uI9.ate..d ""!,edica.I.~8:stEi":reQ'ulatlons.:tor air qri8:!it}~)in~ ,m.ai,~t~lnlllffthJ.s air: 

.,g.U~!i~r~l~il:i~n0~i;\,eg,;: .': :' .. ', " .• ' .. , > .. >..::;f>i.r~;t4:~:y\~, ",: i'. The .. ff~cto.f.th",proposed cha~ges to th~ Solid Wa~teru!es i~tqincludedef,. 

, .initionsrelilte.ct to medical waste, which 'are being repealed 'in' the Medical L 

·.·.··:;~fslf.r~!f~;f •• ·r: .• ··:;/.·i'.·:,~/!'c, •..•. : /, .' ···}\;2!!:~;~\:,.':~.,·'.:, •.... , . • <.!.n the" 1999.Slean Alr.Act,An'iendme~ts;congr~s~, addedsectlon.169B,to' . 

',' !;sjr~. ' ,<!~~f!fr,rD Jn~,',r~~!,~~~1 '. ~(~~I' a~~.a.qd,re~~~ vi~.~pji.itYlrnp.~Jrm~~(:~:;i .' ·:J(em n, of)so~.rc.e~~\VH~~e;l:3rmssl,qn$ ar~ mIxed and.t{~nsport~d ove.r:':I:~.: '!9"9 .. ,. . '" .iOClasslarea~,Sputh[jakota ha~iWq.Classlarea~ andme~ 

· },~~; \~~~ ~~?,~~-~1~::t~~f~r~~~ir,~~~!:ta,!~O,~,~,.,p.ar;~~.~ ,\"~'.~ ,~~,::;,r:~,::,;,:\:;:~ ';:;,;' .'~',;<;->::.t,-,;::: 

. ~6yth'D"kqta's . lementatic,i) Plan W~s subrriIHedtoEPAforiadopt:' 

: iriga Regipi,,;J .. establishing";'eas"res South Dakota will. take. i.' 

'·iO·?l~~"i~~~;n.~t~!.~L ,n~i,~i,~~,~',~t.,j~s ~qs~.!~~~.J~Clr~q~,~y.?q~,:iS,eJ~\h~:~ .. , p'akota's,~~t;!rn .....•. ~f,l~nis b",ing reyisedtoJnq.9rp,o,,!te~r~nges:( ··,reCQmrr),,8d,eo. I)Y·EFA;,""hlchlncludes.a.revievv:of",~addltlonal.teehnOI?gy.~c 

.. /,updatedj':,mo"deling results;Tand, other miscells.r1eous'reccimmendations:bY(i,.' 

I:f~·::,,; ':'.'." .... ·.'.·'''r::,.. . ..• ,.'. ;.;!"",,.',,"', ~;\,:~,~.: '" ..' .•.•..... Per.~ons·_!~~f3ref)ted in prese~tjng da~a, opinJo,n~",;~n~_.argUI'fI~n,ts for or.,ag~jn~r 

.thep(op,)sed ",meqd.ments.andl?( revlsionsto Sbuth. Dakota's' $iatEilmple: 

rnenta~Ion, ~.I~~ .. f61'"i~(:i. Regi,9n~~J Haze.~rograrrhnaY d6<'~o 6y,'app~cirfng in.per~,:' 

';~:~ ~9JL~t~.~,~X~§~Ji,~,g o.!.)?~,~:~~b,~i~,iiJ~f~~.jtt,eri : .. c9~m,~~~~ :tcr-~,he:, p~~~,9.n: ,~~d:/. ;)·fl,d~~e~~·npt.e9. as fpIl9W~':>"'l: ,:.', ',/ .: . .' \,' j ~~'\<;":,,"(,:;\:_:/'.! :.:i~:/:,(,:.:, '~~<iF~;~:'.' ':i~.'~· 

::\:""',"":'.: .' ,.,., ,,:-. ::. ",' ,,'c" '" ",;: .~';". ;'~ ,"', ,f .'. :"': .. > .. ' .. ~,.: /.: ;: }'t':;~; .', ".' ';";:":'j' ;;"'-

"fUckBcidpicker.Environmental ~9ientist II!<.... .•.. .... ..... .; . . '[', South Dakota.Qeparll)1ent of EnyironmentandNatural Resources" 

'(;,.52~,E~stCapitol.JoeFo~s Building, ";') 

••. ),Pierre; South Dakota.57qOl 

" .'< ': ,"':'" :\) '~::"<::"',,~:~,\, :") ~':""<"·:::;J'-;i,!:'~'\'.i:-':::~,"" :'.'", ; '. . .. :; ./' .. :'.,,':'< :,:", '.",.;:: ::' ~: .,'; ," ':"," · Writtenc~mmen.ts 'must be reyeiyed by close of business on Aug'us!,1 (. 2011 • .-

~q,.b~ c.Qflsjder~,d;.' After.,t~.~",h~~ringJ the'~oard o,fM.!,~et~ls arid'EnyjroDm~nt:; 

~jJ.I,:;9,?n~I,~e~, a":.~rjt:t~n.".a,nq.; 9ra,I .. c,t?~rT,Ient,s -.it ·~ec,ejves.,on:·.tHe~·prop.os~d'.: ' 

.~:a.n:l(3n~":l.e~n~,:':Th~ ,B9arcj, p~,.Min·e.rid~f ~nd .. ~!lV,irorimept,l11,ay, To~i.~ .~r.:?rrlent:f '. 

'?'p'rop,O:s~(f fule"at that' fid;e to·ihclljd,.e .. o(exCI~de,' m~tters,~~ai.ar~-describe~.:' 

'il,n thi~.n~tfg:·'?'U),.··.·.· .. • •.· •.. ,Ji:':i; •••. ····;.;'t',';~,)':;,'c,.;~~:;r:) ;;., ··i •. ·. ;~,: 

;,~r;).J:?ti.?~;j~1u~(~~,;. :gi~~&)q. i~?~~!~'~a,ls·,~J~h ~jSabmtje~, m~t}~i? ~e~ri,ng "i~:lJei,ng. ,; . 

... held .in. {physicaHyaccessible pl~ce.Please. notify thed~pa(lr'('ent at{east .. 

48·.hours before ,the j:iybliche~'ingii you havea' aisafliutY !tir.whic~sPet:ial.· .'. ~r~anger:n~~ts,';mu~'t>e 'rnape':at tfle"hearirg. The ,tel.,~p'~one,nuf!:1~e.r for rna,k~"-', . . ,jng special arrangements IS (605) 773-3151., .' i·'" ' .. , .•• ,.".' ;. c ...... " " ...•.. , 

'.~ ". :,:,:,'A' ""';';:'. ". " •. ".,,.>,.". \:.". 

Copies of theproposed rules may beobtainedwithout.~hargebycalling Lita 

Magedanzat.' (605)"773'3151' or: Irom the' follOWing WebSite,' 

http://tjenr.sdqov/des/aq{airproar:aspx ;.':"" "':; ~~:':. , 

'~te~~hLM:~'pi:~'~et :» y' .):. 

Seqretary , . ~ .... . 

·.Pulilis~edon~e~(iheiotafapp;oiam"iecostCor""~· "!~"~.1~.~, 
( 

((Jrf'v{ C'~ 

.ftffo1avit of Cllu6Cication 

STfl.PE 01}' SOVTJ[ C])fl.'l(OTfl. 

County oj Pennington SS: 

CBranayn Crauford 6eing first dury sworn, upon liis/lier oatli says: 

rrFiat fie/sfie is now and was at a{{ time liereinafter mentioned, an 

empfoyee of tlie 1ljlPIc]) CITYJOVCj?JVfl.£, a corporation oj1(apUl 

City, South C])afi.pta, the owner and pu6[isher of the 1ljlPFD CITY 

JOVCJ?JVfl.£, a fega[ and dairy newspaper printed and pu6[isliecf in 

CRflpUl City, in saUl County oj Pennington, ana lias fu[( and 

persona[ Itnowfetfge of a[[ the facts herein stated as fo[fows: that 

saUl newspaper is ana at a[[ oj the times herein mentioned lias 6een 

a fega[ ana dairy newspaper with a 60naflde paUl circufation oj at 

feast 7'wo J{undred copies dairy, and lias 6een printed and pu6[islied 

in the P.ng[isfi fanguage, at and within an office maintained 6y the 

owner ana pu6[isher thereof, at (j{apU[ City, in saU[ Pennington 

County, and lias 6een acfmitted to the Vnited States mai[ under the 

secona crass maiEing privifege for at feast one year prior to the 

pu6[ication herein mentioned; tfiat the aavertisement, a printed 

copy of whicfi, taksn from saUl (j{apU[ City Jouma~ the paper in 

which the same was pu6Eishecf, is attached to this sheet ana macfe a 

part oj this affoiavit, was pu6[ished in saU[ paper once each 

Wit 1.-/ for~ successive 

ldaL, /the first pu6[ication there of 6eing on the & j~/ day of £~ that the fees charged for 

tfi£p6Eication there oj are . IlH! My( M"~\J...L .do[fars 

and --1e Vt'.A, cents. 
( 

"';;>\ :;::~:9jlbE OF PUBLIC HEA~ING ;.' ... "f~~~oarclpIMip~(~IS and En~irQniT1ent~illhold a, public hearing in . the. Matthew 

Er1Vfror1Tl)e~iaJ;~dycaiiori and. Training Ce'nter, .523. EasfCapitol'Avenue, Pierre,'South 

[)~~9t'a;,'§ti:.~gg~~1¥,.~011, at.1 0:15 a.m.,. to cons~E!r !hie .. proposed .. chan~es:amend- 1T1~r,]t~; t8,q4~p!~['.?;~:.~~;?1 ;'" .Region.al H~e·. Program: .by·.·r~vising .. ~ections, .'7.4:3.6:21:02; 

74:~.~:'?1;9.();''''()cl}'!\:~():?1 :09, repealing article 74:~5",M~dlcal Waste, adopting ,amende 

, .. iT1entstoiclE;l;74,=?!oi;:;,S()lidWaste by revising 74:27:07:01 and 74:27:13:17.and revisions 

)oSb~ih "":s,)'leg'j'0QaIHazeStatelmplementation Plan.' . . .' .•...... ..... ' ". . '.. . ..... "tj~. ';' ............ Elba.. p~9Posedcliariges to.theR~gi()nal.·l:iaze. Program .' are· to ~evise the 

erni$.~i.oh.limilsr()rSUlfLir dioxide' apcjnitrogel) oxidasto inClude periods of startup and shut' 

dow~fb(c:9?ifired ppwer planis!'ucll'asqtteriailPower Company's Big Stone I.facHity .. 

Co " ' •. '*~erniSSion limi.ts will bebasedcin a3Q-day rolling average. The proposed 

?Jl H~9cl~fin!la "30-dayr()Uingal(erage"and "operating'da'y"for'calculating E;lrnis-

<si , .' ..... ' .. aclditignt~~ proposedch~mges ""illfevise m()nit()rii1g;recilrd~eeping. rE!port, 

in~,,'1~;pt~~F'r\JisCe!i~p~(lUS requiren,ent~;Thei~~sonfortflepiopose~ changesist()incor;· 

. por~iil'¢harigE!s"reciimniendedtiy'EPA/whichV;iII aliowSouttj·.Dakotatc)'irnP!ernent. its 

Regiohal Haza:prbgram: ..... :.;.7·.··· ···.1·'.)) 'i...· " ..... Jhe repeal of the Medici:!lW~s)e.ruiE1s>i$bE1ingprOp9,S~d b~cau~~EPAha~pr8rnuig~t­ edmedical waste regulations for air quality.and maintaihingthis air qualit5nule.is unwarrant-

".~.~;: -)-:">~~:';:'. ; __ , _., ,: _ ," .,-:.:-, -; :', : __ ': ~ ~ :-,",1'; '. ',~. ~,'-i); if,,',,: -:::~<"~:~? '1,\. ::~,' >::~ _,:~,:~:!"':'i .'" ~ ,., ) ':~>','. :::::;',--: -: ,-, -. , '- -',' ,.'-, : (,.:,' ::"1.:--:, ::-: ,::'; ~,';: !- ( .. ',''':,', ~', ';'". ;', • 

. . ··The· effect of the propo$edcha)1ge~to .the· Solidvyastel rule~; islo;inc)udedE;lfinitions 

related t() medical wastewh)ch are being repealediri th~M~diCa!W~sterules ..•.. ;.' ,'; ... 

\n the'.1.9~o;CI~a:n·Air Act Am!l~dm~nl13~G()nWE;ll>ll acjded S$~iio;r;:t69B';to ~trel1gthen and r~a,!firmth~ nFltional. goal and:a,ddre~s' visibilitY.impairment from .. ~.c()lte9ti()n,of ,s9lJfcE;l$ 

whose emi~sioris ar~mixed andt~anspor~ed.pverilongdi~tanGes to Class I areas. South 

Dakotahas!'-Y0qassJ a(easllnd they are the Badlands and Wind Cave National Parks. 

South. [)akota's ' •. State Implementation Plan~as. submitted' to 'EPA for.' adopting. a 

Regional.l:i~z€);Pro9r<;lm'establishing: measures' South Dakota will. take to achieve natural 

visibilitycondifionsat its two Class I' areas by 2064. South .I?akota's State Implementation 

:plan··ts.be.ingtE;l)lis:~dt().incorporate·Changesrecommended·bYEpA'c~ri.Ch-i.~{)IU9~S-a.revie\\,·· 

6fan~dditi()ni:!lte9hh610ilY; ~pdated modeling results, and other'misCiillaneo(j~recommeri" 

dation.~ ~y tp~; i ". . •...... '. .' ....• . ............ ' .. '. ..' .'. .... .•.. .... . 

. . p~r~~l'Is\nter~s:teci hi p~eseiiiil1gd~ta,opinioris,· an(j arguments!oror ag'ainst th~pro' posed;amendments:ancl/orrevisions to'SouthDakota'sState. ImplementatiQhPlan. for its 

l'legionali-laz~'Piograrnmay do SO by appearing'in persor,at the'liearingor by sub0itting 

written commentstothe person andaddressnoted asfqllows: "':". 

WrittellcolT1ments. must be rei:eiv~d byclos60f business.on· August 17 ~. 201 f,ld' be con' 

sidered. After ihe heari~g, the Boaid '01 Minerals and EnvirilnmenfwiUconsider. all written 

'arid oral comments it receiveson the' proposed~amendments. The Board of Mineralsand 

Environment may modify or'amend a proposed rule at that time to include or. 'exclude mat-

·tersthai a're described in this notice." i 

' .. Notigei5f~rthergiven to individuals withdis~bilities:thatthis hearing is beingneld in a 

, pliysicallyaccessible place. Please notify the department at .Ieast 48 h()ursbeiore the public hearing if you nave a disability for which special arrangements must be made at the hear, 

ing. ThetelePhon'e~urT1ber for making special arrangements is (605) 773-3151. 

Copies of the 'p~oposed rules may be obtained without charge bY'calling Lita Magedanl 

at (605) 773-3151 or from the following website;' . 

";ttp://de~r_~d.90vjdesl~qla;iprdgr.aspx . .:. -. ,;--, ': ,'>:"'~' 1 ,,', ,.;.\;/ '_'."-".. ) 

July 21,2011 "L20602298 
( 

RECEIVED 

JUL 262011 

AIR QUALITY 

PROGRAM 

Affidavit of Publication 

STATE OF SOUTH DAKOTA: 

COUNTY OF LAWRENCE: 

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

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

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

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

been such a newspaper during the times hereinafter mentioned; and 

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

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

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

undersigned, am the Publisher of said newspaper and have personal 

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

'i printed copy of which is hereto attached, was printed and published 

in said newspaper for , successive and consecutive weeks, the 

first publication being made on the ~tsl=-day of J u,/y ,.;:)01 J, and 

the last publication on the day of , that the full 

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

$ 31 S'.ao, insures solely to the benefit of the publisher of the BLACK 

HILLS PIONEER, that no agreement or understanding for a division 

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

been agreed to be paid to any other person whomsoever. 

Subscribed and sworn to before me this ~ ~ day o~~"",,-,~ 

~R.,~~$ " 

Notary Public, Lawrence County, South Dakota 

My commission expires: 10-24-2016 
_""PSE 
( 

" 

Cl'STOMER 

Argus Leader NUMBER: 078340 

INVOICE NUMBER: 257220 P.O. Box 677349, Dallas. TX 75267-7349 

RUN DATES: 7/22,2011 I 1 

Dept of Environment & Natural Resources 

Air Quality Program 

Attn: Lita Magedanz 

523 E Capitol Avenue, Joe Foss Building 

Pierre, SD 57501 

AFFIDAVIT OF PUBLlCATlONAmountj$918.54 

Customer Number: 078340 Dept of Environment & Natural Resources 

Invoice Number: 257220 

======~~'--

Argus Leader 

AFFIDAVIT OF PUBLICATION 

STATE OF SOUTH DAKOTA 

COUNTY OF MINNEHAHA } 88 

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

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

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

published at Sioux Falls, Minnehaha County, South Dakota; 

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

the publisher of such newspaper and has personal knowledge 

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

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

published in said newspaper upon 

Friday ,the 22 day of July 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 $918.54 was charged for publishing the same 

My Commission expires Oecember 29, 2015 

RECEIVED 

JUL 252011 

AIR QUALITY 

PROGRAM 

EFEFWWM 

( 

AFFIDAVIT OF PUBLICATION 

AFFIDAVIT OF PUBLICATION 

STATE OF SOUTH DAKOTA 

County of Lake 

} 

} ss. 

} 

.................. §.~.~ .. ~DD.~ .. ~.~.~!? .................. of the City of Madison, County of Lake, 

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

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

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

Publishing, Inc., Jon M. Hunter, publisher, and has been St1ch legal newspaper 

during the times hereinafter mentioned; that the said Madison Dai)y Leader has 

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

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

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

is the .................. ~.'7.~!.~~.~!Y.. ................. ofthe said newspaper, in charge ofthe advertising department thereof and has personal knowledge of all the facts stated in this 

affidavit and the advertisement headed 

................ ~.~.P..~.~~~~!.9.~.~.~.'(,!~9.~~.~.~!.~.~~u~.~!~.~.~.I .. ~~.~.?.~~~~.~ .............. .. 

.................... !?~~.P..~~.Y. .. ~.~.'(,~~!.~~~.~.~!: .. ~.~H.i.?.~.~.I .. !j.~.~.~ .. ~.~?W~.~ .................. .. 

printed copy of which hereunto attached, was printed and published in the said 

newspaper for .............. 9..~.~ .............. successive weeks, once each week and on the 

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

On ........ .I~.YE~.~~Y. ......... , the .... :?.1.~L .. day of ..... : ........ JY.!Y. ..... ; .......... , 20 ...... .1..1... .... ; 

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

On ...................................... , the .................. dayof ........................................ ,20 .................. ; 

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

On ...................................... , the .................. dayof ........................................ ,20 .................. ; 

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

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

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

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

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

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

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

person whomsoever. ~ 

.............. ~J!..,£ ..... ).Ik(lJ/&. .... ~ ........................ . 

Subscribed and sworn to before me this ......... ??~.~ ......... day of 

July 20 11 ........................................................................................... , .................. . 

..... ~ ..... ~ ... ~ ....... 

Notary Public, Lake County, South Dakota 

RQUALITY 

ROGRAM 

Madison Daily Leader 1M 

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

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

Total------ $ ........................ . 

Received Payment, 
w 

( 
--, 

AFFIDAVIT OF PUBLICATION 

STATE OF SOUTH DAKOTA} 

§ 

7f+:-H-;f5&M~=:;;:;-~_:-;:_being duly sworn, on his/her oath says: That 

NEWS is a daily newspaper of general circulation, printed and 

publish in Aberdeen, Brown County, South Dakota, by the Aberdeen News 

Company, a corporation, and has been such a newspaper during the times hereinafter 

mentioned; That affiant is an employee and principal clerk of said publisher and has 

personal knowledge of all facts st d in this affidavit; That the advertisement 

headed: 

a printed copy of which is hereunto attached, was printed and published in the regular 

and entire issue of said new/paper, and not in a sU$lement thereof, once each 

l)~ for successive ~ . 

The first publication being made on the dZ day ~ 20 II 

The second publication being made on the day of , 20 II. 

The third publication being made on the day of ,2011 

The fourth publication being made on the day of 2011. 

The fifth publication being made on the day of ,2011. 

The sixth publication being made on the day of ,20 I I; 

That said newspaper is a legal newspaper published five days or more each week; 

with a bona fide circulation of more than two hundred copies daily; published in the 

English language within the said county of Brown for more than one year prior to the 

first publication of said notice; and printed in whole in an office maintained at the 

place of publication of said newspaper; That the who~ amount of the fee paid for the 

publication of the annexed notice is $ ~59;; ~ , which insures solely 

to the benefit of said publisher; That no agreement or understanding for a division 

thereof had been made with any other person; and That no part thereof has been 

agreed to be paid to any per on whomsoever. 

Subscribed an sworn to before me this 

Daily Circulation I {O /(5)-0 

j 

/21 day 0 ~~" ~<~~ --f~--' 2011 

---',",,_d-'-~-'--'-""'-~-=(~~=--'li~--------- Notary Public, Brown County, SD. 

My commission expires __ March 20,2013 

RECEIVED 

JUL 252011 

AIR QUALITY 

PROGRAM 

SEAL 

( 

RECEIVED 

JUl 222011 

AIR QUALITY 

PROGRAM AFFIDA vIr OF PUBLICA TlON 

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 57501-3181 

STATE OF SOUTH DAKOTA 

COUNTY OF YANKTON 

GARY WOOD BEING FIRST DULY SWORN ON OATH DEPOSES 

AND SAYS THAT HE IS THE PUBLISHER 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 Notice of Public Hearing 

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

NEWSPAPER ON THE 21st DAY OF July 2011 

THATTHEFU_L1 .. ,Il.MOUNT OF THE FEE CHARGED FOR THE PUBLICATION 

OF SAID NOTICE TO WIT $147.00 ENSURES TO THE 

BENEFliS 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: 7/21/2011 

FILED ON: 7121/2011 

SUBSCRIB N WORN TO BEFORE ME THIS 2 s DAY OF -----...:..:...- July 

~'\~\\U NOTJIlRY PUBLIC, CLSs~csn SOUTH DAKOTA 

MY COMMISSION EXPIRES 6/11/2013 

2011 

.uiL 

,1 jus. 

.' .JiI~b,,'· 

"'"J .. , ,:nr' 

I: ' 

;·.:i~d'_ 1 

i""> 

',f 

":;':'.:,<\.1,. 

,·.,y::l>'t.\j· ... -rn 

ll!:~{~.nUq .s"n 

~{.ii~! 'iJ.., :'~.:f!~ OAOfJ 

."u 

~i' , 

"',; _,I 

,.! ' 

! 

I 

I 

" 

, 
cost ,per published copy: $0.0171 
IN THE MATTER OF THE 

PROMULGATION OF 

ADMINISTRATIVE RULES 

AFFIDAVIT OF MAILING NOTICE 

TO INTERESTED PARTIES 

I, Rick Boddicker, under oath, do swear, that on July 18,2011, I mailed a copy of the notice 

attached to this affidavit to the list of persons attached to this affidavit. I further swear that the 

attached list is a true and correct list of all persons who have requested advance notice of rulemaking proceedings by the Department of Environment and Natural Resources. 

Subscribed and sworn to 

before me this ~ day 

of J (,\ kl ' 20_11_. 

Notary 

~v~~ Public - South Dakota 

(Seal) 

My Commission expires 

BRENDA.4jlIDE~~ tift Commislion" 

October 26, 2016 

{h£ad- -Rick Bo dicker 
Dale Cockrell 

PO Box 7370 

Kalispell, MT 59904 

Dear Mr. Cockrell: 

July 18,2011 

DEPARTMENT of ENVIRONMENT 

and NATURAL RESOURCES 

PMB 2020 

JOE FOSS BUILDING 

523 EAST CAPITOL 

PIERRE, SOUTH DAKOTA 57501·3182 

www.state.sd.us/denr 

The South Dakota Department of Environment and Natural Resources (DENR) is proposing 

revisions to the Administrative Rules of South Dakota, Chapter 74:36:21 - Regional haze program, 

repealing article 74:35 - Medical Waste, adopting amendments to article 74:27 and revisions to 

South Dakota's Regional Haze State Implementation Plan. 

Enclosed is the public notice for the public hearing that will be held by the Board of Minerals and 

Environment on August 18, 2011 in the Matthew Environmental Education and Training Center, 

523 East Capitol Avenue, Pierre, South Dakota, at 10: 15 a.m. The purpose of the public hearing is 

to receive and consider testimony on the adoption of the proposed revisions. 

Copies of the proposed amendments may be obtained, without charge, by calling Lita Magedanz at 

. (605) 773-3151. You can also access the rule changes through the department's web page at 

http://denr.sd.gov/des/ag/airprogr.aspx. Feel free to call me at (605) 773-3151 with any comments, 

opinions, or suggestions you may have on the proposed revisions. 

Sincerely, 

~~ Rick Boddicker 

Environmental Scientist III 

Air Quality Program 

Enclosure 
( ~LE COCKRELL 

.--0 BOX 7370 

KALISPELL MT 59904 

JENNY CONGER 

621 8TH STREET 

BROOKINGS SD 57006 

RICHARD L FORT 

ACTION FOR THE ENVIRONMENT 

11307 BLACK FOREST RD . 

LEAD SD 57754 

TIM KINSLEY 

.l\LUMAX EXTRUSIONS INC 

500 ALUMAX ROAD 

YANKTON SD 57078-9399 

WILLIAM BARTHOLOW 

ASPHALT PAVING & MATERIALS COMPANY 

RR 3 BOX 94 

HURON SD 57350-9306 

CHARLES MICKEL 

ATTORNEY AT LAW 

PO BOX 2859 

RAPID CITY SD 57709-2859 

DAVID NELSON 

BAE SYSTEMS 

PO BOX 1947 

BERDEEN SD 57401 

PAUL JANSEN 

RR#3 BOX 62 

MADISON SD 57042 

MAX BARNETT 

ACE READY MIX, INC. 

2001 N BAHNSON 

SIOUX FALLS SD 57103-4419 

JAMES NYGAARD 

AGGREGATE CONSTRUCTION INC 

PO BOX 239 

MINOT ND 58702-0239 

JOHN ERICKSON 

ANDERSON WESTERN INC 

PO BOX 2319 

BISMARCK ND 58502-2319 

TOBY CROW 

ASSOCIATED GENERAL CONTRACTORS OF 

SD 

300 EAST CAPITOL 

PIERRE SD 57501 

ERIC BRUNNEMANN 

BADLANDS NATIONAL PARK 

PO BOX 6 

INTERIOR SD 57750 

BILL BEAVERS 

BARNES HAY & FEED COMPANY 

PO BOX 68 

GAYVILLE SD 57031-0068 
/'':RRY MENGE 

(ASIN ELECTRIC POWER COMPANY 

1717 INTERSTATE AVENUE 

BISMARCK ND 58501 

BLAISE EMERSON 

BH COUNCIL OF LOCAL GOVTS 

525 UNIVERSITY LOOP SUITE 102 

RAPID CITY SD 57701 

TIM ROGERS 

BLACK HILLS CORPORATION 

PO BOX 1400 

RAPID CITY SD 57709-1400 

BLACK HILLS GROUP - SIERRA CLUB 

o BOX 1624 

\ .~PID CITY SD 57709-1624 

NANCY HILDING 

BLACK HILLS REGIONAL MULTIPLE USE 

COALIT 

PO BOX 788 

BLACK HAWK SD 57718 

DELVIN DEBOER 

BOARD OF CERTIFICATION 

914 17TH AVE S 

BROOKINGS SD 57006-4091 

LEE M MCCAHREN 

BOARD OF MINERALS & ENVIRONMENT 

PO BOX 297 

ERMILLION SD 57069-0297 

MITCH MAHRER 

BERNARD MAHRER CONSTRUCTION 

PO BOX 57 

RUTLAND ND 58067 

JERRY BAJARI 

BITUMINUOUS PAVING INC 

PO BOX 6 

ORTONVILLE MN 56278 

BLACK HILLS CORPORATION 

PO BOX 1400. 

RAPID CITY SD 57709-1400 

DEAN BERGER 

BLACK HILLS NATIONAL FOREST 

1019 NORTH 5TH STREET 

CUSTER SD 57730-8214 

DARREL HOYER 

BLACK TOP PAVING COMPANY 

PO DRAWER F 

SIOUX FALLS SD 57101 

CHARLES MONSON 

BOARD OF MINERALS & ENVIRONMENT 

603 S. 3RD STREET 

MILBANK SD 57252 

PETER BULLENE 

BOARD OF MINERALS AND ENVIRONMENT 

301 20TH AVENUE SE 

WATERTOWN SD 57201 
(

/ 'NDA HILDE 

. JARD OF MINERALS AND ENVIRONMENT 

104 WOODLAND DRIVE 

MADISON SD 57042-0019 

ROBERT DUXBURY 

BOARD OF MINERALS AND ENVIRONMENT 

21030 373RD AVENUE 

WESSINGTON SD 57381 

TIMOTHY JOHNS 

BOARD OF MINERALS AND ENVIRONMENT 

203 WEST MAIN STREET 

LEAD SD 57754 

KEITH BROKKE 

(

. ~ORDER STATES PAVING INC 

.) BOX 2586 

FARGO ND 58108-2586 

DENNIS BUCHER 

BUREAU OF LAND MANAGEMENT 

310 ROUND UP 

BELLE FOURCHE SD 57717-1618 

JOHN CARLSON 

CARLSON CONSTRUCTION 

PO BOX 1832 

WINNER SD 57580 

EUGENE HOUG 

CITY OF YANKTON 

PO BOX 176 

o.NKTON SD 57078 

DENNIS LANDGUTH 

BOARD OF MINERALS AND ENVIRONMENT 

613 ALTA VISTA COURT 

RAPID CITY SD 57701 

RICHARD C SWEETMAN 

BOARD OF MINERALS AND ENVIRONMENT 

PO BOX 2320 

SIOUX FALLS SD 57101 

GLENN BLUMHARDT 

BOARD OF MINERALS AND ENVIRONMENT 

2014 6TH AVE BOX 134 

BOWDLE SD 57428-0134 

JEFF BROIN 

BROIN ENTERPRISES 

PO BOX 330 

SCOTLAND SD 57059 

ROBERT MELVIN 

C/O DENVER FEDERAL CENTER 

PO BOX 25546 BLDG 41 RM 240 

DENVER CO 80225-0546 

CHARLOTTE KRAFT 

CITATION PUBLISHING 

5111 N SCOTTSDALE RD SUITE 145 

SCOTTSDALE AZ 85250 

JON MULLOY 

CONCRETE MATERIALS COMPANY 

PO BOX 84140 

SIOUX FALLS SD 57118 
/I3RADLEY CUNDY 

( JNDY ASPHALT PAVING CONSTRUCTION 

II"C 

,PO BOX 2469 

GILLETTE WY 82717-2469 

DIXIE HENDRICKS 

DAKOTA RURAL ACTION 

PO BOX 549 

BROOKINGS SD 57006 

CHRIS DUININCK 

DUININCK BROTHERS INC 

PO BOX 208 

PRINSBURG MN 56281 

JOHN MULLOY 

eLLIS & EASTERN RAILROAD 

( W1 W RUSSELL 

SIOUX FALLS SD 57104 

CATHY ATKINS 

EPA REGION VIII 

721 19TH STREET, 4TH FLOOR RM. 427 

DENVER CO 80202-2500 

RICH SCHRUGER 

FISHER INDUSTRIES 

PO BOX 1120 

SPEARFISH SD 57783-7120 

GENE NELSON 

GCC DACOTAH INC 

PO BOX 360 

APID CITY SD 57709-0360 

DAN ODEGARD 

DAKOTA MILLING & GRAIN 

PO BOX 2340 

RAPID CITY SD 57709-2340 

ALEX HUFF 

DAKOTA SOUTHERN RAILROAD 

PO BOX 436 

CHAMBERLAIN SD 57325-0436 

LARRY JOHNSON 

DUSTCOATING 

4463 50TH ST NE 

BUFFALO MN 55313-3722 

WILLIAM MCCOLLAM 

ELLSWORTH AFB 

28 CES/CEV 2125 SCOTT DRIVE 

ELLSWORTH AFB SD 57706 

AMY PLATT 8P-AR 

EPA REGION VIII 

1595 WYNKOOP STREET 

DENVER CO 80202 

SCOTT LAFOND 

FISHER INDUSTRIES 

PO BOX 1034 

DICKINSON ND 58602 

TERESE HRUSKA 

GOLDEN REWARD MINING CO 

10928 WHARF ROAD 

LEAD SD 57754-9704 
'-'f::LL MAJURE 

(KAPHIC PACKAGING INTERNATIONAL 

100 GRAPHIC PKG. INT. WAY 

MACON GA 31206 

HAROLD HIGMAN 

HIGMAN SAND & GRAVEL INC 

PO BOX 109 

AKRON IA 51001 

ERIC LEVERSON 

HODGMAN W & SONS INC 

PO BOX 3069 

MANKATO MN 56002-3069 

PHILIP MITZEL 

YUB CITY 

) BOX 1089 

ABERDEEN SD 57402-1089 

JERRY WAGNER 

J&J ASPHALT COMPANY 

PO BOX 7105 

RAPID CITY SD 57709 

JOHN FRASER 

JD CONCRETE PRODUCTS 

RR #5 BOX 467C 

MITCHELL SD 57301 

KOCH INDUSTRIES INC 

PO BOX 2256 

''VICHITA KS 67201-2256 

KATHY GLINES 

HARDING COUNTY AUDITOR 

PO BOX 26 

BUFFALO SD 57720-0026 

DAVEOHLEN 

HILLS MATERIALS COMPANY 

PO BOX 2320 

RAPID CITY SD 57709 

TODD DUEX 

HOMESTAKE MINING COMPANY 

11457 BOBTAIL GULCH STREET 

CENTRAL CITY SD 57754 

ANDY DETWILER 

INSTITUTE OF ATMOSPHERIC SCIENCES 

501 E ST JOSEPH STREET 

RAPID CITY SD 57701 

MARCIA BOWES 

JAMIR RECLAMATION INC 

2915 22ND AVENUE S 

BROOKINGS SD 57006 

KENNETH JENSEN 

JENSEN ROCK & SAND INC 

PO BOX 609 

MOBRIDGE SD 57601 

DONALD THOMSON 

LAKE COUNTY LEPC 

200 E CENTER 

MADISON SD 57042 

.. 
( . '\ Y VAN DEN TOP 

. .:) EVERIST INC 

PO BOX 5829 

SIOUX FALLS SD 57117 

DON STELLA 

MCLAUGHLIN & SCHULZ INC 

PO BOX 201 

MARSHALL MN 56258 

MIDWEST ASSISTANCE PROGRAM 

PO BOX 81 

NEW PRAGUE MN 56071 

ANDREA STOMBERG 

~~ONTANA DAKOTA UTILITIES COMPANY 

( )0 N 4TH STREET 

BISMARCK ND 58501 

MYRL UNZELMAN 

MYRL & ROYS PAVING INC 

1300 N BAHNSON 

SIOUX FALLS SD 57103 

SARA GREFF DANNEN 

NORTHWESTERN ENERGY 

3010 WEST 69TH STREET 

SIOUX FALLS SD 57108 

TERRY GRAUMANN 

OTTERTAIL POWER 

PO BOX 496 

'::RGUS FALLS MN 56538-0496 

EDITH LIEN 

LIEN TRANSPORTATION 

PO BOX 40 

ABERDEEN SD 57401 

DOUG ANTONSON 

MEREEN-JOHNSON MACHINE COMPANY 

4401 LYNDALE AVENUE NORTH 

MINNEAPOLIS MN 55412 

MRGSIMON 

MISSOURI RIVER ENERGY SERVICES 

3724 WAVERA DR 

SIOUX FALLS SD 57108-5750 

MILT MORRIS 

MORRIS INC 

PO BOX 1162 

PIERRE SD 57501 

RON NESS 

ND PETROLEUM COUNCIL 

120 NORTH 3RD STREET 

BISMARCK ND 58501 

BOB CULLUM 

NUTECH CORPORATION 

PO BOX 872 

CUSTER SD 57730-0872 

GEORGE KRUSE 

PACER CORPORATION COMPANY 

PO BOX 912 

CUSTER SD 57730-0912 
( -/EL BRANNAN 

'=TE LIEN AND SONS INC 

PO BOX 440 

RAPID CITY SD 57709-0440 

HUGH DODSON 

RAVEN INDUSTRIES 

1813 NE AVENUE 

SIOUX FALLS SD 57104-0359 

REBECCA CRADDUCK 

SO ASSOC OF HEALTH CARE 

ORGANIZATIONS 

3708 BROOKS PLACE SUITE 1 

SIOUX FALLS SD 57106 

STEVE WILLARD 

~D ELECTRIC UTILITY COMPANIES 

) BOX 247 

PIERRE SO 57501-0247 

JEANNE KOSTER 

SO PEACE & JUSTICE CNTR 

PO BOX 116 

SIOUX FALLS SO 57101-0116 

SO RURAL ELECTRIC ASSOC 

PO BOX 1138 

PIERRE SO 57501-1138 

CHRIS HESLA 

SO WILDLIFE FEDERATION 

PO BOX 7075 

lERRE SO 57501 

JERRY HOLSAPPLE 

PSI 

2361 S PLAZA DRIVE 

RAPID CITY SD 57702 

SHARON CHAPLES 

ROYAL C JOHNSON VETERANS HOSPITAL 

PO BOX 5046 

SIOUX FALLS SD 

STEVE HASENOHRL 

SO DEPT OF AG DIV OF WILDLIFE FIRE SUPP 

4250 FIRE STATION RD, STE 2 

RAPID CITY SD 57703 

YVONNE TAYLOR 

SO MUNICIPAL LEAGUE 

208 ISLAND DRIVE 

FT PIERRE SO 57532 

DAWNA LEITZKE 

SO PETROLEUM MARKETERS ASSOC 

PO BOX 1058 

PIERRE SO 57501-1058 

RICHARD WALDNER 

SO STATE UNIVERSITY 

BOX 2201 

BROOKINGS SO 57007 

ANN PHILLIPS 

SEMA 

1575 S VALLEY VISTA DRIVE 

DIAMOND BAR CA 91765 
( ERRACLUB 

45 E LOUCKS ST STE 109 

SHERIDAN WY 82801-6329 

LYNNE KELLER-FORBES 

SOUTHEASTERN COUNCIL OF 

GOVERNMENTS 

500 N. WESTERN AVENUE, SUITE 100 

SIOUX FALLS SD 57104 

MIKE LlPP 

ST LUKES MIDLAND REGIONAL MEDICAL 

CENTER 

305 SOUTH STATE STREET 

ABERDEEN SD 57401 

NANETTE DAILEY 

~TATE OF SOUTH DAKOTA 

(, )0 E BROADWAY AVENUE 

PIERRE SD 57501-2586 

STEVEN VOLD 

TOSHIBA 

901 NORTH FOSTER 

MITCHELL SD 57301 

KATHERINE EDWARDS 

TRINITY CONSULTANTS 

106 MAIN ST S SUITE 201 

STILLWATER MN 55082 

MIKE OPITZ 

WEATHERTON CONTRACTING COMPANY INC 

PO BOX 151 

::RESFORD SD 57044 

TIM GOSSMAN 

SIMONS CONSTRUCTION COMPANY 

PO BOX 397 

RAPID CITY SD 57709-0397 

RICHARD WALDERA 

SPENCER QUARRIES INC 

PO BOX 198 

SPENCER SD 57374 

PETE BENDIX 

STARMARK 

700 E 48TH ST N 

SIOUX FALLS SD 57104 

WAYNE HOEKE 

T & R ELECTRIC SUPPLY COMPANY INC. 

PO BOX 180 

COLMAN SD 57017-0180 

ALI FARNOUD PHD 

TRINITY CONSULTANTS 

106 MAIN STREET SOUTH SUITE 201 

STILLWATER MN 55082 

NORM SILER 

UNION PACIFIC RAILROAD 

1416 DODGE STREET 

OMAHA NE 68179-0930 

WHARF RESOURCES MINING CO 

10928 WHARF ROAD 

LEAD SD 57754 
'"'::RRI HOLLOMON 

( .ILLIAMS PIPE LINE COMPANY 

PO BOX 3448 

TULSA OK 74101 

JOHN CHELSTROM 

XCEL ENERGY 

414 NICOLLET MALL 

MINNEAPOLIS MN 55401' 

SCOTT RIDGLEY 

ZIEGLAR 

8050 STATE HWY 101 

SHAKOPEE MN 55379 

KEITH ANDERSEN 

I\.NDERSEN ENGINEERS 

~ ) BOX 446 

i::DGEMONT SD 57735-0446 

ALLEN OLLILA 

BUREAU OF LAND MANAGEMENT 

99 23RD AVENUE W 

DICKINSON ND 58601-2619 

CHEYENNE RIVER SIOUX TRIBE 

PO BOX 590 

EAGLE BUTTE SD 57625-0590 

LESTER THOMPSON, JR. 

CROW CREEK SIOUX TRIBE 

PO BOX 50 

,)RT THOMPSON SD 57339-0050 

SUPERINTENDENT 

WIND CAVE NATIONAL PARK 

26611 US HIGHWAY 385 

HOT SPRINGS SD 57747-9430 

HARRY LUURS 

YANKTON COUNTY HWY DEPT 

BOX 174 

YANKTON SD 57078-0174 

GARY HECKENLAIBLE 

ACTION FOR THE ENVIRONMENT 

PO BOX 291 

RAPID CITY SD 57709-0291 

JANET RYAN 

BLACK HILLS ALLIANCE 

PO BOX 2508 

RAPID CITY SD 57709-2508 

BUTTE COUNTY COMMISSIONERS 

839 5TH AVENUE 

BELLE FOURCHE SD 57717-1797 

BOB KAPPEL 

CITY OF SIOUX FALLS 

1203 NORTH WESTERN AVENUE 

SIOUX FALLS SD 57104-1201 

CHARMAINE WHITE FACE 

DEFENDERS OF THE BLACK HILLS 

PO BOX 2003 

RAPID CITY SD 57709 
( "/HN MCMURRAY 

. .NIRONMENTAL INFORMATION LTD 

7515 WAYZATA BLVD SUITE 135 

ST LOUIS PARK MN 55426-1604 

JOSH WESTON 

FLANDREAU SANTEE SIOUX EXCE COM 

PO BOX 283 

FLANDREAU SD 57028-0283 

ROBERT HEIDGERKEN 

MEADE COUNTY 

22372 W NIKE RD 

RAPID CITY SD 57701 

DONALD G SINNING 

t.~INNEHAHA SPORTSMEN CONS CLUB 

( 108 SOUTH SEVERN LANE 

"IOUX FALLS SD 57106-3321 

JOHN STEELE 

OGLALA SIOUX TRIBE 

PO BOX 2070 

PINE RIDGE SD 57770-2070 

MARCIA ELKINS 

RAPID CITY AIR QUALITY DIVISION 

300 6TH STREET 

RAPID CITY SD 57701-2728 

SAFETY-KLEEN SYSTEMS, INC. 

5400 LEGACY DRIVE 

~LANO TX 75024 

CATHY ATKINS 

EPA REGION VIII 

721 19TH STREET, 4TH FLOOR RM. 427 

DENVER CO 80202-2500 

MICHAEL JANDREAU 

LOWER BRULE SIOUX TRIBE 

PO BOX 187 

LOWER BRULE SD 57548-8500 

MEADE COUNTY COMMISSION 

1300 SHERMAN STREET STE 212 

STURGIS SD 57785 

CHRIS CULL 

MMECORP 

315 N 25TH ST STE 102 

BILLINGS MT 59101-1328 

PRAIRIE HILLS AUDUBON SOCIETY 

PO BOX 1624 

RAPID CITY SD 57709 

RALPH MILLER 

RYDER COMMERCIAL LEASING & SERVICES 

1717 WEST RILLITO 

TUCSON AZ 85745 

DENNIS DAVIS 

SD ASSOC OF RWS 

203 CENTER ST W 

MADISON SD 57042 
~. l\WRENCE NOVOTNY 

( ,) RESOURCES COALITION 

928 8TH STREET 

BROOKINGS SD 57006 

CHARLES MURPHY 

STANDING ROCK SIOUX TRIBE 

PO BOXD 

FORT YATES NO 58538-0522 

MAJOR JOHN M SMITH 

USAF AFLSAIJACE-CR 

525 GRIFFIN STREET - SUITE 505 

DALLAS TX 75202-5023 

DIANA MELVIN 

"050 SD HIGHWAY 34 

IERRE SO 57501 

GEORGE VAUGHT JR 

PO BOX 13557 

DENVER CO 80201-3557 

BETTY JO NJOS 

PO BOX 266 

RHAME NO 58651 

LYNN NAMMINGA 

12 LINCOLN AVENUE 

'lEADWOOD SD 57732 

MIKE SELVAGE 

SISSETON-WAHPETON OYATE 

PO BOX 509 

AGENCY VILLAGE SD 57262-0509 

SCOTT LARSON 

US FISH & WILDLIFE SERVICE 

420 S GARFIELD 

PIERRE SD 57501-5408 

ROBERT COURNOYER 

YANKTON SIOUX TRIBE 

PO BOX 248 

MARTY SO 57361-0248 

DAVE SANDIDGE 

PO BOX 172 

DEADWOOD SD 57732-0172 

TIM KIRWAN 

PO BOX 855 

YANKTON SD 57078 

RANDY O'NEILL 

PO BOX 622 

LEAD SD 57754 

RUSSELL CARVER 

2010 WINDMILL DRIVE 

SPEARFISH SO 57783 
( 

ADMINISTRATIVE PROCEDURES ACT 

FISCAL NOTE 

Prepared by Submitting Agency 

Environmental Services 

Air Quality & Solid Waste 

BFM 50. 10 

PROPOSED RULE: Amendments to chapter 74:36:21 '- Regionai haze program by revising sections 74:36:21:02; 74:36:21:06; and 

74:36:21:09, repeal article 74:35 - Me.dical Waste, and adopt amendments to article 74:27 - Solid Waste by revising 74:27:07:01 and 

74:27:13:17 

Hearing Date: August 18, 2011 

FISCAL IMPACT STATEMENT: The rule revisions for the Regional haze program will have no additional impact to any entities. The 

repealing of the Medical Waste Rules and the amendments to the Solid Waste rules will also have no impact on any entities. No additional 

staffing or resources by DENR are needed. 

FISCAL NOTE SUMMARY: none 

REVENUE INCREASES (DECREASES) 

TOTAL $0 $0 

I I ~~~~~~~~~~~~~GnCfu;,n~--------DATE----T---+---------------

ATTACH: Copy of. posed rules; separate sections for: 1) explanation of rules effect, i.e. what procedures, schedules, activities, etc. will 

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

were made, 5)smal/ business impact statement 

Revised June 2004 
Legislative 

Research 

South Dakota CouDeD 

Rep. Charles M. Turbiville, Chair 

Sen. Joni M. Cutler, Vice Chair 

James Fry, Director 

Doug Decker, Code Counsel 

August 3, 2011 

Mr. Joe Nadenicek 

RECEIVED 

AUG 4 2011 

DEPT. OF ENVIRONMENT AND 

NATURAL RESOURCES, 

SECRETARY'S OFFICE 

South Dakota Department of Environment and Natural Resources 

523 East Capitol Avenue 

Pierre, South Dakota 57501 

Dear Mr. Nadenicek: 

The Board of Minerals and Environment has proposed the amendment or repeal of ARSD 

74:27:07:01,74:27:13:17, Chapter 74:35:01, Chapter 74:35:02,74:36:21:02, 

74:36:21:06, and 74:36:21:09 - Solid Waste, Medical Waste, and Regional Haze, which 

are scheduled for hearing on August 18, 2011. We have reviewed the proposed rules and 

approve them for legality. 

This letter is based on a preliminary review of your rules. Attached are your rules 

edited for form and style pursuant to SDCL 1-26-6.5 and directions for submitting the 

final draft of the rules. If you have any questions, please don't hesitate to call me or 

the staff member who has reviewed your rule. 

Sincerely yours, 

~ Doug Decker 

Code Counsel 

DD:TM 

Cc: Rick Boddicker, DENR 

State Capitol, 500 East Capitol, Pierre, SD 5750[-5070 

605/773-3251 - Fax 605/773-4576 

http://legis.state.sd.us 
Chapter 

74:36:01 

74:36:02 

74:36:03 

74:36:04 

74:36:05 

74:36:06 

74:36:07 

74:36:08 

74:36:09 

74:36:10 

74:36:11 

74:36:12 

74:36:13 

74:36:14 

74:36:15 

74:36:16 

74:36:17 

74:36:18 

ARTICLE 74:36 

AIR POLLUTION CONTROL PROGRAM 

Definitions. 

Ambient air quality. 

Air quality episodes. 

Operating permits for minor sources. 

Operating permits for Part 70 sources. 

Regulated air pollutant emissions. 

New source performance standards. 

National emission standards for hazardous air pollutants. 

Prevention of significant deterioration. 

New source review. 

Performance testing. 

Control of visible emissions. 

Continuous emission monitoring systems. 

Variances, Repealed. 

Open burning, Transferred or Repealed. 

Acid rain program. 

Rapid City street sanding and deicing. 

Regulations for state facilities in the Rapid City area. 
74:36:19 

74:36:20 

74:36:21 

Section 

74:36:21 :01 

74:36:21 :02 

74:36:21 :03 

74:36:21 :04 

74:36:21 :05 

74:36:21 :06 

74:36:21 :07 

74:36:21 :08 

74:36:21 :09 

74:36:21:10 

74:36:21 :11 

74:36:21 :12 

Mercury budget trading program, Repealed. 

Construction pennits for new sources or modifications. 

Regional haze program. 

CHAPTER 74:36:21 

REGIONAL HAZE PROGRAM 

Applicability. 

Definitions. 

Existing stationary facility defined. 

Visibility impact analysis. 

BART detennination. 

BART detennination for a BART-eligible coal-fired power plant. 

Installation of controls based on visibility impact analysis or BART detennination. 

Operation and maintenance of controls. 

Monitoring, recordkeeping, and reporting. 

Pennit to construct. 

Pennit required for BART detennination. 

Federal land manager notification and review. 

2 
( 

74:36:21:02. Definitions. Unless otherwise specified, the terms used in this chapter mean: 

(1) "Adverse impact on visibility," visibility impairment that interferes with the 

management, protection, preservation, or enjoyment of the visitor's visual experience of the 

mandatory Class I federal area. Adverse impact on visibility shall be based on a case-by-case basis 

taking into account the geographic extent, intensity, duration, frequency, and time of visibility 

impairment, and how these factors correlate with times of visitor use of a mandatory Class I federal 

area and the frequency and timing of natural conditions that reduce visibility; 

(2) "BART," best available retrofit technology; 

(3) "Best available retrofit technology" an emission limitation based on the degree of 

reduction achievable through the application of the best system of continuous emission reduction 

for each pollutant that is emitted by an existing stationary facility. The emission limitation must be 

established, on a case-by-case basis, taking into consideration the technology available, the costs of 

compliance, the energy and nonair quality environmental impacts of compliance, any pollution 

control equipment in use or in existence at the source, the remaining useful life of the source, and 

the degree of improvement in visibility that may reasonable be anticipated to result from the use of 

such technology; 

(4) "BART -eligible source," an existing stationary facility; 

(5) "Coal-fired power plant," any person, corporation, limited liability company, association, 

company, partnership, political subdivision, municipality, rural electric cooperative, consumers 

power district, or any group or combination acting as a unit, owning or holding under lease, or 

otherwise real property used, or intended for use, for the conversion of coal into electric power; 

3 
(6) "Contribute to adverse impact on visibility," a change in visibility impairment in a 

mandatory Class I federal area of five-tenths deciviews or more, based on a 24-hour average, above ( 

the average natural visibility baseline. A source exceeds the threshold if the 98th percentile (eighth 

highest value) of the modeling results, based on one year of the three years of meteorological data 

modeled, equals or exceeds five-tenths deciviews; 

(7) "Major source," as defined in § 74:36:01:08(2) and (3); 

(8) "Mandatory Class I federal area," any area identified in 40 C.F.R. § 81, Subpart D (July 

1,2009); aOO 

(9) "Visibility impairment," any human perceptible change in visibility such as light 

extinction, visual range, contrast, coloration, from that which would have existed under natural 

conditions~ 

hour and calculated in accordance with the following procedures: 

Ca) Sum the total pounds of pollutant in question emitted from a unit during an operating 

day and the previous 29 operating days; 

Cb) Sum the total heat input to the unit in million Btus during the operating day and the 

previous 29 operating days; 

Cc) Sum the total hours the unit operated in hours during the day and the previous 29 

operating days; 

Cd) For pounds per million Btus, divide the total number of pounds of the pollutant 

emitted during the 30-day operating days by the total heat input during the 30-day operating days; 

Ce) For pounds per hour, divide the total number of pounds of the pollutant emitted \ " " 

during the 30-day operating days by the total hours operated during the 30-day operating divs. 1-

\, 

4 

! 

( 
A new 3D-day roIling average shall be calculated for each new operating day. Each 3D-day rolling 

r' average shall represent all emissions, including emissions that occur during periods of startup, 

shutdoWlJand malfunctio~ ,J 

s a 24-hour eriod between 12 midni ht and the followin 

midnight during which any fuel is combusted at any time in the unit. It is not necessary for fuel to 

be combusted the entire 24-hour peri0'X' c 

Source: 37 SDR 111, effective December 7,2010. 

General Authority: SDCL 34A-I-6. 

Law Implemented: SDCL 34A-1-6. 

74:36:21:06. BART determination for a BART-eligible coal-fired power plant. The 

owner or operator of a BART-eligible coal-fired power plant may not cause or permit emissions of 

the following regulated air pollutant in excess of the following amounts: 

(1) PMlO emissions in excess of 67.3 pounds per hour, which includes periods of startup 

and shutdown; 

(2) PMIO emissions in excess of 0.012 pounds per million Btus, which includes periods of 

startup and shutdown; 

(3) Sulfur dioxide emissions in excess of 505 pounds per hour, which includes periods of 

startup. and shutdown, and malfunction; 

(4) Sulfur dioxide emissions in excess of 0.09 pounds per million Btus, which does flot 

iflelude includes periods of startup. and shutdown, and malfunction; 

(5) Nitrogen oxide emissions in excess of 561 pounds per hour, which includes periods of 

startup. and shutdown, and malfunction; and 

5 
(6) Nitrogen oxide emissions in excess of O.l 0 pounds per million Btus, which does not 

include includes periods of startup, and shutdown, and malfunction. 

Compliance with the PMI0 emission limits shall be based on an annual stack performance 

test using the performance testing methods in § 74:36:11:01 and using the average of three I-hour 

test runs. Compliance with the sulfur dioxide and nitrogen oxide emission limits shall be based on 

using continuous emission monitoring systems and a 30-day rolling average. 

Source: 37 SDR 111, effective December 7, 2010. 

General Authority: SDCL 34A-I-6. 

Law Implemented: SDCL 34A-I-6. 

74:36:21:09. Monitoring, recordkeeping, and reporting. The owner or operator required 

to install and operate controls established in a visibility impact analysis or BART determination 

shall conduct periodic monitoring, recordkeeping, and reporting. All sulfur dioxide and nitrogen 

oxides emissions from the BART-eligible source shall be routed to the main stack of a BARTeligible source. Monitoring of sulfur dioxide and nitrogen mdde emissions from the main staek 

shall be eondueted using a eontinuous emission monitoring system vAlieh eOlllfllies with the 

eontinuous emission monitoring requirements in ehapter 74:36:13. The owner or operator of a 

BART-eli ible source shall install certi 

monitoring system for sulfur dioxide and nitrogen oxide in accordance with 40 C.F.R. Part 75 (July 

1, 2009), except the recordkeeping and reporting requirements for the continuous emission 

monitoring systems shall be in accordance with 40 C.F.R. § 60.7 (July 1, 2009). 

6 

( 
( 

Monitoring and related recordkeeping and reporting requirements for other air pollutants from a 

BART-eligible source or from a major source or modification of a major source shall consist of at 

least the following: be ia aeeordaaee with § 74:36:05:16.01(9). Reeordkeepiag aad reportiag shall 

eornply with the requiremeats ia § 74:36:05:16.01EV 

methods required in determining compliance with §§ 74:36:21:04 and 74:36:21:06; 

(2) As necessary, documentation of the use, maintenance, and if appropriate, installation of 

monitoring equipment or methods; 

(3) Documentation of the following: 

(a) The date, place, and time of sampling or measurements; 

(b) The date or dates analyses were performed; 

(c) The company or entity that performed the analyses; 

(d) The analytical techniques or methods used; 

(e) The results of such analyses; and 

(f) The operating conditions as existing at the time of sampling or measurement; 

(4) Recordkeeping and reporting requirements that comply with the following: 

(a) Submission of reports of any required monitoring must occur at least every six 

months. Reports must clearly identify all exceedances with §§ 74:36:21:04 and 74:36:21:06. All 

required reports must be certified by a responsible official; and 

(b) Exceedances of §§ 74:36:21 :04 and 74:36:21 :06, including those attributable to upset 

conditions -- e robable cause of s exceedance and an corrective actions or reventive 

measures taken must be promptly reported and certified by a responsible official; and 

7 
Source: 37 SDR 111, effective December 7, 2010. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-6. 

8 
Excerpt of the Minutes from the 

Board of Minerals and Environment Meeting 

Matthew Environmental Education and Training Center 

523 East Capitol 

Pierre, South Dakota 

August 18, 2011 

CALL TO ORDER: Chairman Richard C. Sweetman called the meeting to order 10:00 a.ill. 

CDT. Secretary Linda Hilde declared that a quorum was present. 

BOARD MEMBERS PRESENT: Richard Sweetman, Lee McCahren, Dennis Landguth, 

Linda Hilde, Timothy Johns, Bob Duxbury, and Glenn Blumhardt. 

BOARD MEMBERS ABSENT: Chuck Monson and Pete Bullene. 

OTHERS PRESENT: See attached attendance sheet. 

PUBLIC HEARING TO AMEND ARSD 74:36:21 - REGIONAL HAZE PROGRAM, 

REPEAL ARTICLE 74:35 -MEDICAL WASTE, AND AMEND ARSD 74:27:07:01 AND 

74:27:13:17 - SOLID WASTE Chairman Sweetman opened the hearing at 10:30 a.m. CDT. 

The purpose of the hearing was to consider proposed amendments to chapter 74:36:21 -

Regional Haze Program by revising sections 74:36:21 :02; 74:36:21 :06; and 74:36:21 :09, 

repealing article 74:35 - Medical Waste, adopting amendments to article 74:27 - Solid Waste 

by revising 74:27:07:01 and 74:27:13:17, and revisions to South Dakota's Regional Haze 

State Implementation Plan. 

Notice of the public hearing was published on July 21,2011, in the following newspapers: 

Aberdeen American News, Black Hills Pioneer, Brookings Register, Huron Plainsman, Madison 

Daily Leader, Mitchell Daily Republic, Pierre Capital Journal, Rapid City Journal, Sioux Falls 

Argus Leader, Watertown Public Opinion, and Yankton Daily Press and Dakotan. Affidavits of 

Publication are on file at DENR. 

Notice of the hearing was posted on DENR's website and sent to the department's interested 

parties mailing list, which includes environmental groups, industry and other interested parties. 

The notice was also sent to EPA, the National Park Service, Otter Tail Power Company, Public 

Utilities Commission, and several surrounding states. 

The proposed rules were sent to the Bureau of Finance and Management and to the Legislative 

Research Council (LRC). LRC reviewed and approved the proposed amendments for form, 

style, and legality. LRC's changes were incorporated into the final version of the proposed rules. 

Written comments regarding amendments to the Regional Haze Program were received from the 

) National Park Service and Otter Tail Power Company. 
Chairman requested public comments regarding the proposed amendment. No one offered 

comments. 

Motion by Landguth, seconded by Johns, to adopt amendments to chapter 74:36:21, Regional 

Haze Program, by revising sections 74:36:21:02; 74:36:21:06; and 74:36:21:09, as presented. 

Motion carried. 

Motion by Johns, seconded by Duxbury, to repeal article 74:35, Medical Waste. Motion carried. 

Motion by Johns, seconded by Landguth, to adopt amendments to 74:27, Solid Waste, by 

revising 74:27:07:01 and 74:27:13:17, as presented. Motion carried. 

Chairman Sweetman declared the hearing closed. 

3 

. 
) 

) 

215 South Cascade Street 

PO Box 496 

Fergus Falls, Minnesota 56538-0496 

218 739-8200 

www.otpco.com 

July 20,2011 

Mr. Rick Boddicker 

Environmental Scientist III 

South Dakota Department of Environment 

and Natural Resources 

523 East Capitol 

Joe Foss Building 

Pierre, SD 57501-3181 

Dear Mr. Boddicker: 

RECEIVED 

JUL 22 2011 

AIR QUAUTY 

PROGRAM 

oi.~~2:-fAJ=L POWER COMPANY 

Subject: Comment - Proposed Amendments to the Regional Haze Program Rule 

Chapter 74:36.21 

The following comment is offered by Otter Tail Power Company as operating agent for Big 

Stone Plant. Big Stone Plant is co-owned by NorthWestern Corporation d/b/a NorthWestern 

Energy, Montana-Dakota Utilities Co. A Division ofMDU Resources Group, Inc., and Otter 

Tail Power Company, a wholly owned subsidiary of Otter Tail Corporation. 

Otter Tail Power Company supports the amendments to Chapter 74:36:21 as proposed by the 

South Dakota Department of Natural Resources. We encourage the Board of Minerals and 

Environment to approve the amendments without further revision. 

~~ ~rum Manager, Environmental Services 

An Equal Opportunity Employer AN. OTTERTAIL COMPANY 
) 

, "/ 

United States Department of the Interior 

NATIONAL PARK SERVICE 

Air Resources Division 

P.O. Box 25287 

lIJrPIHHlWRliMFPjII( 

TAKE PRIDE' 

INAMERlCA 

IN REPLY REFER TO: Denver, CO 80225 

N3615 (2350) 

August 17, 2011 

Rick Boddicker 

PMB 2020 

RECEIVED 

AUG 25 2011 

AIR QUALITY 

PROGRAM 

South Dakota Department of Environment and Natural Resources 

Joe Foss Building 

523 E Capitol 

Pierre, South Dakota 57501 

Dear Mr. Boddicker: 

The National Park Service (NPS) has reviewed the South Dakota Regional Haze State 

Implementation Plan (SIP) that was submitted to the Environmental Protection Agency 

(EPA) on January 21,2011, and revisions to the SIP that you provided on July 21,2011. 

We agree with the Department of Environment and Natural Resources (DENR)'s analysis 

that sulfate, organic carbon, and nitrate are the major contributors to visibility impairment 

at Badlands and Wind Cave National Parks in South Dakota and that, based on regional 

modeling by the Western Regional Air Partnership (WRAP), the major sources of sulfur 

dioxide (S02) are outside South Dakota. We note that the WRAP modeling included 

presumed S02 controls for the Gerald Gentleman Station in Nebraska under the Best 

Available Retrofit Technology requirements. Nebraska is not proposing to implement 

these controls. As a result, it is likely that the sulfate reductions illustrated in Figure 7-

lea) and (b) and the visibility improvement goals set by South Dakota based on the 

WRAP modeling will not be met. NPS is recommending S02 controls at Gerald 

Gentleman Station to EPA and Nebraska. We encourage South Dakota DENR to consult 

with Nebraska on reducing contributions from the Gerald Gentleman Station to Badlands 

and Wind Cave National Parks. 

As part of the reasonable progress analysis, DENR completed a four factor analysis of 

potential controls for the wet kilns #4 and #5 at the Dakotah Cement plant. We 

recommend that the reasonable progress analysis should also evaluate controls for the 

larger kiln #6. As discussed in our January 27, 2003, comments to DENR on the 

Prevention of Significant Deterioration Permit for Dakotah Cement kiln #6, we believe 

that Selective Non-catalytic Reduction technology is a feasible option for cement kilns. 
2 

We appreciate the opportunity to work closely with South Dakota DENR to improve 

visibility conditions at our National Parks and Wilderness Areas. For further information 

regarding our comments, please contact Don Shepherd of my staff at (303) 969-2075. 

Sincerely, 

J:::oo~ Policy, Planning and Permit Review Branch 

cc: 

Gail Fallon 

Air Quality Planning Unit (8P-AR) 

US EPA Region 8 

1595 Wynkoop Street 

Denver, CO 80202-1129 
( 

IN THE MATTER OF THE 

PROMULGATION OF 

ADMINISTRATIVE RULES 

CERTIFICATE 

I, Richard C. Sweetman, hereby certify that I am a duly appointed member and the duly 

elected chair of the Board of Minerals and Environment and that the attached instruments are 

full, true, and correct copies of the following rules adopted by the Board of Minerals and 

Environment on August 18, 2011: 

a. The proposed amendments to chapter 74:36:21- Regional Haze Program by revising 

sections 74:36:21 :02; 74:36:21 :06; and 74:36:21 :09, repealing article 74:35 - Medical 

Waste, adopting amendments to article 74:27 - Solid Waste by revising 74:27:07:01 and 

74:27:13:17 and revisions to South Dakota's Regional Haze State Implementation Plan. 

I further certify that SDCL 1-26-4 and 1-26-6 were complied with in the adoption of these rules. 

These rules will become effective twenty days after filing with the Secretary of State. 

Subscribed and sworn to 

before me this J 8 day 

of /i1A@/J.s+, ,9.0// . 

OJltdk rlwi.u~ Notary Public - South Dakota 

(Seal) 

My Commission expires 

~h~ car. ee man, aIrman, 

Board of Minerals and Environment 
( 

IN THE MATTER OF THE 

PROMULGATION OF 

ADMINISTRATIVE RULES 

APPROVAL OF RULES 

Following a public hearing held on August 18, 2011, the following rule revisions, attached, are 

approved and will become effective twenty days after filing with the Secretary of State: 

a. The proposed amendments to chapter 74:36:21- Regional Haze Program by revising sections 

74:36:21 :02; 74:36:21 :06; and 74:36:21 :09, repealing article 74:35 - Medical Waste, 

adopting amendments to article 74:27 - Solid Waste by revising 74:27:07:01 and 

74:27: 13: 17 and revisions to South Dakota's Regional Haze State Implementation Plan. 

~ LE~TIVE ~ RESEARCH COUNCIL 

(for legality and for form and style) 

BOARD OF MINERALS AND ENVIRONMENT Date AVt!. /S, Col ( 

Richard C. Sweetman, Chairman 

£1/1{{~ Lee M. McCahren, Vice Chairman 

Peter Bullene Linde Hilde 

JiLM~·~- Robert Duxbury cT Glenn Blumhardt 

Charles Monson 

Timothy Johns 
( 

( 

74:36:19 

74:36:20 

74:36:21 

Section 

74:36:21 :01 

74:36:21 :02 

74:36:21 :03 

74:36:21 :04 

74:36:21:05 

74:36:21 :06 

74:36:21 :07 

74:36:21 :08 

74:36:21 :09 

74:36:21:10 

74:36:21:11 

74:36:21: 12 

Mercury budget trading program, Repealed. 

Construction permits for new sources or modifications. 

Regional haze program. 

CHAPTER 74:36:21 

REGIONAL HAZE PROGRAM 

Applicability. 

Definitions. 

Existing stationary facility defined. 

Visibility impact analysis. 

BART determination. 

BART determination for a BART-eligible coal-fired power plant. 

Installation of controls based on visibility impact analysis or BART determination. 

Operation and maintenance of controls. 

Monitoring, recordkeeping, and reporting. 

Permit to construct. 

Permit required for BART determination. 

Federal land manager notification and review. 

2 
( 

74:36:21:02. Definitions. Unless otherwise specified, the terms used in this chapter mean: 

(1) "Adverse impact on visibility," visibility impairment that interferes with the 

management, protection, preservation, or enjoyment of the visitor's visual experience of the 

mandatory Class I federal area. Adverse impact on visibility shall be based on a case-by-case basis 

taking into account the geographic extent, intensity, duration, frequency, and time of visibility 

impairment, and how these factors correlate with times of visitor use of a mandatory Class I federal 

area and the frequency and timing of natural conditions that reduce visibility; 

(2) "BART," best available retrofit technology; 

(3) "Best available retrofit technology" an emission limitation based on the degree of 

reduction achievable through the application of the best system of continuous emission reduction 

for each pollutant that is emitted by an existing stationary facility. The emission limitation must be 

established, on a case-by-case basis, taking into consideration the technology available, the costs of 

compliance, the energy and nonair quality environmental impacts of compliance, any pollution 

control equipment in use or in existence at the source, the remaining useful life of the source, and 

the degree of improvement in visibility that may reasonable be anticipated to result from the use of 

such technology; 

(4) "BART-eligible source," an existing stationary facility; 

(5) "Coal-fired power plant," any person, corporation, limited liability company, association, 

company, partnership, political subdivision, municipality, rural electric cooperative, consumers 

power district, or any group or combination acting as a unit, owning or holding under lease, or 

otherwise real property used, or intended for use, for the conversion of coal into electric power; 

3 
(6) "Contribute to adverse impact on visibility," a change in visibility impainnent in a 

( mandatory Class I federal area of five-tenths deciviews or more, based on a 24-hour average, above 

the average natural visibility baseline. A source exceeds the threshold if the 98th percentile (eighth 

highest value) of the modeling results, based on one year of the three years of meteorological data 

modeled, equals or exceeds five-tenths deciviews; 

(7) "Major source," as defined in § 74:36:01 :08(2) and (3); 

(8) "Mandatory Class I federal area," any area identified in 40 C.F.R. § 81, Subpart D (July 

1, 2009); iH3:€l 

(9) "Visibility impainnent," any human perceptible change in visibility such as light 

extinction, visual range, contrast, coloration, from that which would have existed under natural 

conditions.; 

(10) "30-day rolling average," expressed as pounds per million Btus and pounds per hour 

and calculated in accordance with the following procedures: 

(a) Sum the total pounds of pollutant in question emitted from a unit during an operating 

day and the previous 29 operating days; 

(b) Sum the total heat input to the unit in million Btus during the operating day and the 

previous 29 operating days; 

(c) Sum the total hours the unit operated in hours during the day and the previous 29 

operating days; 

(d) For pounds per million Btus, divide the total number of pounds of the pollutant 

emitted during the 30-day operating days by the total heat input during the 30-day operating days; 

(e) . For pounds per hour, divide the total number of pounds of the pollutant emitted 

during the 30-day operating days by the total hours operated during the 30-day operating days. 

4 
A new 30-day rolling average shall be calculated for each new operating day. Each 30-day rolling 

( average shall represent all emissions, including emissions that occur during periods of startup, 

shutdown, and malfunction; and 

(11) "Operating day," a 24-hour period between 12 midnight and the following midnight 

during which any fuel is combusted at any time in the unit. It is not necessary for fuel to be 

combusted the entire 24-hour period. 

Source: 37 SDR 111, effective December 7, 2010. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-6. 

74:36:21:06. BART determination for a BART-eligible coal-fired power plant. The 

owner or operator of a BART-eligible coal-fired power plant may not cause or permit emissions of 

the following regulated air pollutant in excess of the following amounts: 

(1) PMlO emissions in excess of 67.3 pounds per hour, which includes periods of startup 

and shutdown; 

(2) PM10 emissions in excess of 0.012 pounds per million Btus, which includes periods of 

startup and shutdown; 

(3) Sulfur dioxide emissions in excess of 505 pounds per hour, which includes periods of 

startup, arui shutdown, and malfunction; 

(4) Sulfur dioxide emissions in excess of 0.09 pounds per million Btus, which does Rot 

iRelude includes periods of startup, arui shutdown, and malfunction; 

(5) Nitrogen oxide emissions in excess of 561 pounds per hour, which includes periods of 

startup, arui shutdown, and malfunction; and 

5 
(6) Nitrogen oxide emissions in excess of 0.1 0 pounds per million Btus, which does not 

( include includes periods of startup, aE:<'l shutdown, and malfunction. 

Compliance with the PMI0 emission limits shall be based on an annual stack performance 

test using the performance testing methods in § 74:36:11 :01 and using the average ofthree I-hour 

test runs. Compliance with the sulfur dioxide and nitrogen oxide emission limits shall be based on 

using continuous emission monitoring systems and a 30-day rolling average. 

Source: 37 SDR 111, effective December 7,2010. 

General Authority: SDCL 34A-I-6. 

Law Implemented: SDCL 34A-I-6. 

74:36:21:09. Monitoring, recordkeeping, and reporting. The owner or operator required 

to install and operate controls established in a visibility impact analysis or BART determination 

shall conduct periodic monitoring, recordkeeping, and reporting. All sulfur dioxide and nitrogen 

oxides emissions from the BART-eligible source shall be routed to the main stack of a BARTeligible source. Monitoring of sulfur dioxide and nitrogen oxide emissions from the main staek 

shall be oonduoted using a continuous emission monitoring system which co~lies with the 

continuous emission moRitoring reqffirements in chapter 74 :36: 13. The owner or operator of a 

BART-eligible source shall install, certify, maintain, calibrate, and operate a continuous emission 

monitoring system for sulfur dioxide and nitrogen oxide in accordance with 40 C.F.R. Part 75 (July 

1, 2009), except the recordkeeping and reporting requirements for the continuous emission 

monitoring systems shall be in accordance with 40 C.F.R. § 60.7 (July 1,2009). 

6 
m 

Monitoring and related recordkeeping and reporting requirements for other air pollutants from a 

( BART-eligible source or from a major source or modification of a major source shall consist of at 

least the following: be iR aooof(iaRoe with § 74:36:05:16.01(9). Reoordke9jliRg aRd r9jlortiRg shaH 

oomply with the req,ffiremeRts iR § 74 :36:05:16.01(9) 

(1) All emissions monitoring and analysis procedures, alternative approved methods, or test 

methods required in determining compliance with §§ 74:36:21:04 and 74:36:21:06; 

(2) As necessary, documentation of the use, maintenance, and if appropriate, installation of 

monitoring equipment or methods; 

(3) Documentation of the following: 

(a) The date, place, and time of sampling or measurements; 

(b) The date or dates analyses were performed; 

(c) The company or entity that performed the analyses; 

Cd) The analytical techniques or methods used; 

Ce) The results of such analyses; and 

(f) The operating conditions as existing at the time of sampling or measurement; 

(4) Recordkeeping and reporting requirements that comply with the following: 

Ca) Submission of reports of any required monitoring must occur at least every six 

months. Reports must clearly identify all exceedances with §§ 74:36:21 :04 and 74:36:21 :06. All 

required reports must be certified by a responsible official; and 

(b) Exceedances of §§ 74:36:21 :04 and 74:36:21 :06, including those attributable to upset 

conditions. The probable cause of such exceedance and any corrective· actions or preventive 

measures taken must be promptly reported and certified by a responsible official; and 

7 

frw'pn . F 
( 

(5) Requirements for retention of monitoring records and all supporting documentation for 

( at least five years from the date of the monitoring sample, measurement, report, or application. 

Source: 31 SDR 111, effective December 7,2010. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-6. 

8 
) 

IN THE MATTER OF THE 

PROMULGATION OF 

ADMINISTRATIVE RULES 

AFFIDAVIT 

... i!l!MP" 

I, Rick Boddicker, certify that on August 19,2011, I sent by U.S. mail and electronic mail a 

correct copy of the following documents adopted by the Board of Minerals and Environment on 

August 18, 2011: 

1. The minutes of the 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 by revising chapter 74:36:21 - Regional Haze Program, the 

repeal of article 74:35 - Medical Waste, and amendments to article 74:27 - Solid Waste by 

revising 74:27:07:01 and 74:27:13:17. 

These docwnents 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 57301 

wn_-r-n 
) 

The Honorable R. Shawn Tornow 

State Representative 

P.O. Box 90748 

Sioux Falls, SD 57109 

Subscribed and sworn to 

before me this IOJ day 

of Ih:JI.-Isf, .;2.01/ 

Notary 

6JlJ.v.vh.. 

Public -

~ South Dakota 

(Seal) 

My Commission expires 

BlENDA ANDERSON, NoIory Public 

lilt CommiNion Expires Octobtr26,2016 

EBEn "'!J'"!lrWP'·.,.im"' "'!FPW 

Rick .~ Bod icker 
Boddicker, Rick 

l;'rom: Boddicker, Rick 

lent: 

fo: 

Friday, August 19, 2011 1 :20 PM 

'Angie.buhl@gmail.com' 

Subject: Material for Interim Rules Committee meeting, August 30, 2011 

7436 regional haze 7435 medical waste 7427 solid waste Otter Tail NPS comments. pdf 8-2011AirQualityRul small business 

revisions.d... revisions.d... revisions. doc... Imment.pdf (22 KB) (77 KB) eshearing2.... impact.pdf (49 ... 

fiscal note. pdf (43 

KB) 

August 19,2011 

Dear Senator Buhl: 

Please find attached a copy of the following documents: 

1. a. A copy ofthe revisions to chapter 74:36:21 - Regional Haze Program 

b. A copy ofthe proposed repeal of article 74:35 - Medical Waste 

c. A copy of the proposed revisions to article 74:27 - Solid Waste; 

2. A copy of the comments received during the public notice; 

3. A copy of the minutes for the public hearing; 

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

5. A copy of the fiscal note. 

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

Sincerely, 

Rick Boddicker 

Environmental Scientist III 

Air Quality Program 

Attachments 

1 
August 19,2011 

The Honorable Peggy Gibson 

State Representative 

1010 Valley View Court 

Huron, SD 57350-4221 

Dear Representative Gibson: 

Please find enclosed a copy of the following documents: 

DEPARTMENT of ENVIRONMENT 

and NATURAL RESOURCES 

PMB 2020 

JOE FOSS BUILDING 

523 EAST CAPITOL 

PIERRE, SOUTH DAKOTA 57501·31'82 

www.state.sd.us/denr 

1. a. A copy of the revisions to chapter 74:36:21 - Regional Haze Program 

b. A copy of the proposed repeal of article 74:35 - Medical Waste 

c. A copy of the proposed revisions to article 74:27 - Solid Waste; 

2. A copy of the comments received during the public notice; 

3. A copy of the minutes for the public hearing; 

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

5. A copy of the fiscal note. 

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

Sincerely, 

~/JL? Rick Boddicker 

Environmental Scientist III 

Air Quality Program 

Enclosures 
Boddicker, Rick 

"'rom: 

~ent: 

{o: 

Subject: 

Boddicker, Rick 

Friday, August 19, 2011 1: 18 PM 

'peggygibson@hotmail.com' 

Material for Interim Rules Committee meeting, August 30, 2011 

iFn_ 

7436 regional haze 7435 medical waste 7427 solid waste Otter Tail NPS comments. pdf 8-2011AirQualityRul small business 

revisions.d... revisions.d... revisions.doc... Imment.pdf (26 KB) (77 KB) eshearing2.... impact. pdf (53 ... 

fiscal note. pdf (46 

KB) 

August 19,2011 

The Honorable Peggy Gibson 

State Representative 

1010 Valley View Court 

Huron, SD 57350-4221 

year Representative Gibson: 

Please find attached a copy of the following documents: 

1. a. A copy of the revisions to chapter 74:36:21 - Regional Haze Program 

b. A copy ofthe proposed repeal of article 74:35 - Medical Waste 

c. A copy of the proposed revisions to article 74:27 - Solid Waste; 

2. A copy of the comments received during the public notice; 

3. A copy of the minutes for the public hearing; 

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

5. A copy of the fiscal note. 

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

Sincerely, 

Rick Boddicker 

Environmental Scientist III 

Air Quality Program 

Attachments 

1 

"WIl 
) 

August 19,2011 

The Honorable Jean M. Hunhoff 

State Senator 

2511 Mulligan Drive 

Yankton, SD 57078 

Dear Senator Hunhoff: 

WET 

Please find enclosed a copy of the following documents: 

rsW! ""iV "¥"'9"[ 

DEPARTMENT of ENVIRONMENT 

and NATURAL RESOURCES 

PMB 2020 

JOE FOSS BUILDING 

523 EAST CAPITOL 

PIERRE, SOUTH DAKOTA 57501·3182 

www.state.sd.us/denr 

1. a. A copy of the revisions to chapter 74:36:21 - Regional Haze Program 

b. A copy of the proposed repeal of article 74:35 - Medical Waste 

c. A copy ofthe proposed revisions to article 74:27 - Solid Waste; 

2. A copy of the comments received during the public notice; 

3. A copy of the minutes for the public hearing; 

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

5. A copy of the fiscal note. 

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

Sincerely, 

Rick Boddicker 

Environmental Scientist III 

Air Quality Program 

Enclosures 
Boddicker, Rick 

From: 

lent: 

/0: 

Boddicker, Rick 

Friday, August 19, 2011 1 :20 PM 

'jHunhoff@avera.org' 

Subject: Material for Interim Rules Committee meeting, August 30, 2011 

1iVi7n .....•. ' .. LJ 

7436 regional haze 7435 medical waste 7427 solid waste Otter Tail NP5 comments. pdf 8-2011AirQualityRul small business 

revisions.d... revisions.d... revisions.doc... Imment.pdf (22 KB) (77 KB) eshearing2.... impact.pdf (49 ... 

fiscal note. pdf (43 

KB) 

August 19,2011 

The Honorable Jean M. Hunhoff 

State Senator 

2511 Mulligan Drive 

Yankton, SD 57078 

Dear Senator Hunhoff: 

) . 

Please find attached a copy of the following documents: 

1. a. A copy of the revisions to chapter 74:36:21 - Regional Haze Program 

b. A copy of the proposed repeal of article 74:35 - Medical Waste 

c. A copy of the proposed revisions to article 74:27 - Solid Waste; 

2. A copy ofthe comments received during the public notice; 

3. A copy ofthe minutes for the public hearing; 

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

5. A copy ofthe fiscal note. 

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

Sincerely, 

Rick Boddicker 

Environmental Scientist III 

Air Quality Program 

Attachments 

1 
August 19, 2011 

The Honorable Mike Yehle 

State Senator 

132 N. Harmon Drive 

Mitchell, SD 57301 

Dear Senator Yehle: 

Please find enclosed a copy of the following documents: 

EUTI']T 

DEPARTMENT of ENVIRONMENT 

and NATURAL RESOURCES 

PMB 2020 

JOE FOSS BUILDING 

523 EAST CAPITOL 

PIERRE, SOUTH DAKOTA 57501-3182 

www_state_sd_us/denr 

1_ a_ A copy of the revisions to chapter 74:36:21 - Regional Haze Program 

b_ A copy of the proposed repeal of article 74:35 - Medical Waste 

c_ A copy of the proposed revisions to article 74:27 - Solid Waste; 

2_ A copy of the comments received during the public notice; 

3 _ A copy of the minutes for the public hearing; 

4_ A copy of the small business impact statement; and 

5_ A copy ofthe fiscal note_ 

If you have any questions, please contact me at (605) 773-315 L 

Sincerely, 

Rick Boddicker 

Environmental Scientist III 

Air Quality Program 

Enclosures 
Boddicker, Rick 

From: 

'lent: 

/0: 

Subject: 

Boddicker, Rick 

Friday, August 19, 2011 1 :20 PM 

'mvehle@mit.midco.net' 

Material for Interim Rules Committee meeting, August 30, 2011 

1iiBl ..... · .... · ... · ..o 

'QV'V!YBI"l'MR'!F!W!W!!I!II!!!IRBW=fT -. [ 

7436 regional haze 7435 medical waste 7427 solid waste Otter Tail NPS comments. pdf 8-2011AirQualityRul small business 

revisions.d... revisions.d... revisions.doc... Imment.pdf (22 KB) (77 KB) eshearing2.... impact. pdf (49 ... 

fiscal note. pdf (43 

KB) 

August 19,2011 

The Honorable Mike Yehle 

State Senator 

132 N. Harmon Drive 

Mitchell, SD 57301 

Dear Senator Yehle: 

) 

?lease find attached a copy of the following documents: 

1. a. A copy of the revisions to chapter 74:36:21 - Regional Haze Program 

b. A copy of the proposed repeal of article 74:35 -Medical Waste 

c. A copy of the proposed revisions to article 74:27 - Solid Waste; 

2. A copy ofthe comments received during the public notice; 

3. A copy of the minutes for the public hearing; 

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

5. A copy of the fiscal note. 

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

Sincerely, 

Rick Boddicker 

Environmental Scientist III 

Air Quality Program 

Attachments 

1 
August 19, 2011 

The Honorable R. Shawn Tornow 

State Representative 

P.O. Box 90748 

Sioux Falls, SD 57109 

Dear Representative Tornow: 

Please find enclosed a copy of the following documents: 

DEPARTMENT of ENVIRONMENT 

and NATURAL RESOURCES 

PMB 2020 

JOE FOSS BUILDING 

523 EAST CAPITOL 

PIERRE, SOUTH DAKOTA 57501·3182 

www.state.sd.us/denr 

1. a. A copy of the revisions to chapter 74:36:21 - Regional Haze Program 

b. A copy of the proposed repeal of article 74:35 - Medical Waste 

c. A copy ofthe proposed revisions to article 74:27 - Solid Waste; 

2. A copy of the comments received during the public notice; 

3. A copy of the minutes for the public hearing; 

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

5. A copy of the fiscal note. 

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

Sincerely, 

~/~ Rick Boddicker 

Environmental Scientist III 

Air Quality Program 

Enclosures 
Boddicker, Rick 

""rom: 

lent: 

(0: 

Subject: 

Boddicker, Rick 

Friday, August 19,20111:19 PM 

'rst2348@gmail.com' 

Material for Interim Rules Committee meeting, August 30, 2011 

[[

7436 regional haze 7435 medical waste 7427 solid waste Otter Tail NPS comments. pdf 8-2011AirQualityRul small business 

revisions.d... revisions.d... revisions.doc... Imment.pdf (22 KB) (77 KB) eshearing2..... impact. pdf (49 ... 

fiscal note.pdf (43 

KB) 

August 19,2011 

The Honorable R. Shawn Tornow 

State Representative 

P.O. Box 90748 

')ioux Falls, SD 57109 

) 

Dear Representative Tornow: 

Please find attached a copy of the following documents: 

1. a. A copy of the revisions to chapter 74:36:21 - Regional Haze Program 

b. A copy of the proposed repeal of article 74:35 - Medical Waste 

c. A copy of the proposed revisions to article 74:27 - Solid Waste; 

2. A copy of the comments received during the public notice; 

3. A copy of the minutes for the public hearing; 

4. A copy ofthe small business impact statement; and 

5. A copy of the fiscal note. 

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

Sincerely, 

Rick Boddicker 

Environmental Scientist III 

Air Quality Program 

~ttachments , 

1 
) 

) 

August 19,2011 

The Honorable Roger W. Hunt 

State Representative 

P.O. Box 827 

Brandon, SD 57005-0827 

Dear Representative Hunt: 

Please find enclosed a copy of the following documents: 

DEPARTMENT of ENVIRONMENT 

and NATURAL RESOURCES 

PMB 2020 

JOE FOSS BUILDING 

523 EAST CAPITOL 

PIERRE, SOUTH DAKOTA 57501·3182 

www.state.sd.us/denr 

1. a. A copy of the revisions to chapter 74:36:21 - Regional Haze Program 

b. A copy of the proposed repeal of article 74:35 - Medical Waste 

c. A copy of the proposed revisions to article 74:27 - Solid Waste; 

2. A copy of the comments received during the public notice; 

3. A copy of the minutes for the public hearing; 

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

5. A copy ofthe fiscal note. 

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

Sincerely, 

~/~ Rick Boddicker 

Environmental Scientist III 

Air Quality Program 

Enclosures 
L @ lative 

Research 

CouDell 

Three hundred sixteenth meeting 

Tuesday 

August 30, 2011 

RULES REVIEW COMMITTEE 

MINUTES 

Room 414 

State Capitol 

Pierre, South Dakota 

The three hundred sixteenth meeting of the Rules Review Committee was called to order by 

Vice Chair Representative R. Shawn Tornow at 9:22 a.m. COT, August 30, 2011, in Room 

414 at the State Capitol, Pierre, South Dakota, and via the Digital Dakota Network (DON) at 

the following locations: Northern State University, 1200 S. Jay St., Room Lib 117, Aberdeen, 

South Dakota; Mitchell Technical Institute, 1800 E. Spruce, Room TC 155, Mitchell, South 

Dakota; SO School of Mines and Technology, 501 E. St. Joseph St., Room CB 109, Rapid 

City, South Dakota; University Center, 4801 N. Career Ave., North Admin Building, Room 

145N, Sioux Falls, South Dakota; and Department of Transportation, 1306 W. 31 sl St., 

Yankton, South Dakota. 

A quorum was determined with the following members answering the roll call: Senators Angie 

Buhl and Mike Vehle; and Representatives Peggy Gibson, Roger Hunt, and R. Shawn 

Tornow (Vice Chair). Senator Jean Hunhoff (Chair) was excused. Staff members present 

were Doug Decker, Code Counsel, and Kris Schneider, Senior Legislative Secretary. All 

members appeared at DON locations except Representative Gibson who was in Pierre. 

All material distributed at the meeting is attached to the original minutes on file in the 

Legislative Research Council (LRC). For the purpose of continuity, these minutes are not 

necessarily in chronological order. This meeting was recorded by South Dakota Public 

Broadcasting. The archived recording is available at the LRC website at 

http://iegis.state.sd.us under "Interim Information - Minutes and Agendas." 

Approval of Minutes 

Representative Hunt moved, seconded by Senator Buhl, that the minutes of the July 12, 

2011, meeting be approved. Motion prevailed on a roll call vote with 5 ayes, 1 excused. 

Members voting aye: Buhl, Gibson, Hunt, Tornow, and Vehle. Member excused: Hunhoff. 

Rules Reviewed 

Department of Education: Board of Education - Amend School Bus Standards and 

School Bus Procedures rules to make the rules current with the 2010 National School 

Transportation Specifications and Procedures and adopt a Professional Teachers rule to 

provide the content of teaching standards for teacher performance and evaluation. 

) Ms. Deb Barnett reviewed the proposed rules. 
Rules Review Committee 

August 30, 2011 

Page 2 of6 

.. UIB • .,! ''2'' 'MP'M',m"U"Rwm U''P" "1I 

Members of the committee had a number of questions regarding the teacher performance 

standards that the department was unable to answer at the time. 

Representative Hunt moved, seconded by Representative Gibson, to approve the School 

Bus Standards and School Bus Procedures rules proposed by the Department of Education: 

Board of Education. Motion prevailed on a roll call vote with 5 ayes, 1 excused. Members 

voting aye: Buhl, Gibson, Hunt, Tornow, and Vehle. Member excused: Hunhoff. 

Representative Gibson moved to approve the Professional Teachers rule proposed by the 

Department of Education: Board of Education. Motion died for a lack of a second. 

Representative Hunt moved, seconded by Senator Tornow, to defer action on the 

Professional Teachers rule proposed by the Department of Education: Board of Education 

until the September 2ih Rules Review meeting to allow the department time to respond to 

the committee's questions. Motion prevailed on a roll call vote with 4 ayes, 1 nay, 1 excused. 

Members voting aye: Buhl, Hunt, Tornow, and Vehle. Member voting nay: Gibson. Member 

excused: Hunhoff. 

Vice Chair Tornow requested that the department's response also be provided to the House 

and Senate Education committee's chairs and vice chairs. 

Department of Labor and Regulation: State Plumbing Commission - Amend rules to 

make amendments in regard to plumbing installation practices as they relate to the 2009 

Uniform Plumbing Code; revise commercial inspection fees to create a small commercial fee 

for buildings which have five or less plumbing fixtures which shall have a fee of one hundred 

dollars; and make revisions to expand acceptable course offerings for continuing education 

requirements. 

Mr. Mike Richards reviewed the proposed rules. 

Representative Gibson moved, seconded by Representative Hunt, to approve the rules 

proposed by the Department of Labor and Regulation: State Plumbing Commission. Motion 

prevailed on a roll call vote with 5 ayes, 1 excused. Members voting aye: Buhl, Gibson, Hunt, 

Tornow, and Vehle. Member excused: Hunhoff. 

Department of Labor and Regulation: Appraiser Certification Program - Adopt rules to 

require Appraisal Management Companies that oversee a network or panel of more than 

fifteen appraisers in the state or twenty-five or more nationally to register. The rules define 

terms; requires maintaining a roster of appraisal management companies registered; 

requires transmitting the roster to the Appraisal Subcommittee; requires notification of 

change of address; requires disclosure of designated officer and controlling person of the 

company; requires completion of an application and payment of a registration fee; requires 

nonresident consent to service of process for out of state companies; requires compliance 

with certain responsibilities and duties; requires retention of records; requires records to be 

available for inspection; requires acceptance of complaints for investigation by the state 

[ "WE 
Rules Review Committee 

August 30, 2011 

Page 3 of 6 

agency; establishes disciplinary actions allowed; and describes the grounds for disciplinary 

actions. 

Ms. Sherry Bren reviewed the proposed rules. 

Representative Gibson moved, seconded by Representative Hunt, to approve the rules 

proposed by the Department of Labor and Regulation: Appraiser Certification Program. 

Motion prevailed on a roll call vote with 4 ayes, 2 excused. Members voting aye: Buhl, 

Gibson, Hunt, and Vehle. Members excused: Hunhoff and Tornow. 

Department of Labor and Regulation: Division of Insurance - Amend a rule to require 

insurers to provide notice to policyholders about open enrollment and to include that 

information on their websites. 

Mr. Randy Moses reviewed the proposed rule. 

Senator Vehle moved, seconded by Representative Gibson, to approve the rule proposed by 

the Department of Labor and Regulation: Division of Insurance. Motion prevailed on a roll call 

vote with 5 ayes, 1 excused. Members voting aye: Buhl, Gibson, Hunt, Tornow, and Vehle. 

Member excused: Hunhoff. 

Department of Environment and Natural Resources: Board of Minerals and 

Environment - Amend Solid Waste rules to include definitions related to medical waste; 

repeal Medical Waste rules to eliminate redundancy; and amend Regional Haze Program 

rules to revise the emission limits for sulfur dioxide and nitrogen oxides to include periods of 

startup and shutdown for coal fired power plants such as Ottertail Power Company's Big 

Stone I facility, define a "3D-day rolling average" and "operating day" for calculating emission 

rates, and revise monitoring, recordkeeping, reporting, and other miscellaneous 

requirements. 

Mr. Kyrik Rombough reviewed the proposed rules. 

Senator Vehle moved, seconded by Senator Buhl, to approve the rules proposed by the 

Department of Environment and Natural Resources: Board of Minerals and Environment. 

Motion prevailed on a roll call vote with 4 ayes, 1 nay, 1 excused. Members voting aye: Buhl, 

Gibson, Hunt, and Vehle. Member voting nay: Tornow. Member excused: Hunhoff. 

Department of Environment and Natural Resources: Water Management Board -

Repeal the chapter on Construction of Control Facilities for water supply and treatment 

systems. 

Mr. David Templeton reviewed the proposed rules. 

Representative Hunt moved, seconded by Representative Tornow, to approve the rules 

proposed by the Department of Environment and Natural Resources: Water Management 
Rules Review Committee 

August 30, 2011 

Page 4 of6 

Board. Motion prevailed on a roll call vote with 5 ayes, 1 excused. Members voting aye: Buhl, 

Gibson, Hunt, Tornow, and Vehle. Member excused: Hunhoff. 

Department of Public Safety: Office of Weights and Measures - Amend a rule to include 

permissive language that, during the period from September 16 to November 30 each year, 

will allow South Dakota's gasoline "schedule of seasonal and geographical volatility classes" 

to exhibit our existing volatility standards or the standards in use in Minnesota, North Dakota, 

and Iowa. 

Mr. Dave Pfahler reviewed the proposed rule. Mr. Pfahler read a letter provided to him by 

Dawna Leitzke, Petroleum and Propane Marketers Association, in support of the proposed 

rule. 

Public Testimony 

Mr. Bruce Heine, Bixby, Oklahoma, representing Magellan Pipeline,spoke in support of the 

proposed rule and answered committee questions regarding the necessity for the rules. 

Representative Gibson moved, seconded by Senator Buhl, to approve the rule proposed by 

the Department of Public Safety: Office of Weights and Measures. Motion prevailed on a roll 

calf vote with 5 ayes, 1 excused. Members voting aye: Buhl, Gibson, Hunt, Tornow, and 

Vehle. Member excused: Hunhoff. 

Department of Agriculture: Animal Industry Board - Amend rules to remove dog and cat 

shows from the board's supervision; update current dates of reference materials; and repeal 

rules to relax requirements for parasiticide treatment of cattle imported from states not known 

to be infested with scabies. 

Dr. Dustin Oedekoven reviewed the proposed rules. 

Representative Gibson moved, seconded by Representative Hunt, to approve the rules 

regarding scabies proposed by the Department of Agriculture: Animal Industry Board. Motion 

prevailed on a roll call vote with 5 ayes, 1 excused. Members voting aye: Buhl, Gibson, Hunt, 

Tornow, and Vehle. Member excused: Hunhoff. 

Representative Gibson moved, seconded by Representative Hunt, to approve the remaining 

rules proposed by the Department of Agriculture: Animal Industry Board. Motion prevailed on 

a roll call vote with 5 ayes, 1 excused. Members voting aye: Buhl, Gibson, Hunt, Tornow, and 

Vehle. Member excused: Hunhoff. 

Department of Agriculture: Division of Ag Development - Amend rules to make changes 

to certain agricultural finance programs to increase amounts, add new programs, and change 

criteria .. 

Ms. Terri LaBrie reviewed the proposed rules. 
Rules Review Committee 

August 30, 2011 

Page 5 of 6 

Representative Gibson moved, seconded by Senator Buhl, to approve the rules proposed by 

the Department of Agriculture: Division of Ag Deve/opment. Motion prevailed on a roll call 

vote with 5 ayes, 1 excused. Members voting aye: Buhl, Gibson, Hunt, Tornow, and Vehle. 

Member excused: Hunhoff. 

Department of Agriculture: Division of Agricultural Services - Amend rules to require 

bulk storage facilities to anchor new and reinstalled bulk pesticide tanks in case the 

secondary containment fills with a liquid, record keeping requirements for each pesticide and 

repackaging of pesticides, to eliminate the minimum gallons required for operational area 

containment, revise the definition of triple rinse, and to dismiss outdated rules pertaining to 

commercial applicator's and open burning of containers. 

Mr. Brad Berven reviewed the proposed rules. 

Representative Hunt moved, seconded by Representative Gibson, to approve the rules 

proposed by the Department of Agriculture: Division of Agricultural Services. Motion 

prevailed on a rol/ call vote with 5 ayes, 1 excused. Members voting aye: Buhl, Gibson, Hunt, 

Tornow, and Vehle. Member excused: Hunhoff. 

Department of Game, Fish and Parks - Amend East River Deer Hunting Season rules to 

establish number of licenses/tags available for the 2011 season and repeal the rule which 

designates areas where free antlerless deer licenses can be issued to farmers and ranchers 

for use in East River deer hunting units as this is being addressed in a new rule 

(ARSD 41:06:01:13); amend Antelope Hunting Season rules to establish the number of 

resident and nonresident licenses/tags available for the 2011 season, eliminate the split 

seasons and go to one season for Units 49A and 498 (Meade/Pennington counties) and 

Units 35A and 358 (Harding County), and eliminate the nine day extension beginning on the 

Saturday following Christmas which allows for the harvest of doe and fawn antelope; amend 

a Custer State Park Antelope Hunting Season rule to eliminate the 10 "doe/kid" antelope 

licenses previously available in Custer State Park; amend National Wildlife Refuge Deer 

Hunting Season rules to establish the number of resident and nonresident licenses/tags 

available for the 2011 season, and change "antlerless whitetail deer" licenses to "two-tag 

antlerless whitetail deer" licenses for LaCreek National Wildlife Refuge; and amend an Early 

Fall Canada Goose Hunting Season rule to adjust the season start date from "the Saturday 

closest to September 7" to "the first Saturday of September." 

Mr. Tony Leif reviewed the proposed rules. 

Representative Gibson moved, seconded by Representative Tornow, to approve the rules 

proposed by the Department of Game, Fish and Parks. Motion prevailed on a roll call vote 

with 5 ayes, 1 excused. Members voting aye: Buhl, Gibson, Hunt, Tornow, and Vehle. 

Member excused: Hunhoff. 

Department of Game, Fish and Parks - Amend Waterfowl Hunting Seasons (Duck Hunting 

Season) rules to increase the daily bag limit for redheads from 2 to 3 and the possession 

limit from 4 to 6 contingent upon the redhead harvest strategy at the Central Flyway level by 
Rules Review Committee 

August 30, 2011 

Page 6 of 6 

the U.S. Fish and Wildlife Service; amend Waterfowl Hunting Seasons (Goose Hunting 

Season) rules to increase the Canada goose daily bag limit from 3 to 4 and the possession 

limit from 6 to 8 contingent upon approval from the Central Flyway Council and U.S. Fish and 

Wildlife Service; and amend a Furbearer Season (Nonresident restrictions) rule to establish a 

28 consecutive day furbearer license for nonresidents which must be exercised between the 

first Saturday of December through March 15. 

Mr. Leif reviewed the proposed rule regarding a nonresident furbearer license - noting the 

changes to the proposed rule. Mr. Leif stated the Game, Fish and Parks Commission 

withdrew the proposed amendments to the waterfowl rules because the U.S. Fish and 

Wildlife Service did not adopt the changes. 

Representative Gibson moved, seconded by Senator Buhl, to approve the rule proposed by 

the Oepartment of Game, Fish and Parks. Motion prevailed on a roll call vote with 5 ayes, 1 

excused. Members voting aye: Buhl, Gibson, Hunt, Tornow, and Vehle. Member excused: 

Hunhoff. 

Next Meeting Schedule 

The next meeting of the Interim Rules Review Committee will be a DON meeting held on 

September 27,2011. 

Adjournment 

Representative Hunt moved, seconded by Representative Gibson, that the meeting be 

adjourned. Motion prevailed on a roll call vote with 5 ayes, 1 excused. Members voting aye: 

Buhl, Gibson, Hunt, Tornow, and Vehle. Member excused: Hunhoff. 

Vice Chair Tornow adjourned the meeting at 12:59 p.m. 

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IN THE MATTER OF THE 

PROMULGATION OF 

ADMINISTRATIVE RULES 

CERTIFICATE 

I, Richard C. Sweetman, hereby certify that I am a duly appointed member and the duly 

elected chair of the Board of Minerals and Environment and that the attached instruments are 

full, true, and correct copies of the following rules adopted by the Board of Minerals and 

Environment on August 18, 2011: 

a. The proposed amendments to chapter 74:36:21- Regional Haze Program by revising 

sections 74:36:21 :02; 74:36:21 :06; and 74:36:21:09,repealing article 74:35 - Medical 

Waste, adopting amendments to article 74:27 - Solid Waste by revising 74:27:07:01 and 

74:27: 13: 17 and revisions to South Dakota's Regional Haze State Implementation Plan. 

I further certify that SDCL 1-26-4 and 1-26-6 were complied with in the adoption of these rules. 

These rules will become effective twenty days after filing with the Secretary of State. 

Subscribed and sworn to 

before me this t 8 day 

of Itl/l-fj~.s+, aD ;1 . 

/3/1((f!.it4- (l,Jlldvur:w0-" 

Notary Public - South Dakota 

(Seal) 

My Commission expires 

'--RIC ~~ ar . ee man, aIrman, 

Board of Minerals and Environment 

SECRETARY OF STATE