## (

( PART V - 

### PROCEDURE FORADOPTING PERMANENT RULES

Serve head ofdepartment with a copy of (I) admission ofservice (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

ofFinance and Management (BFM), publication ofnotice, and noticeto interested personsmust be done at least 20 days before the hearing. Service on LRC (two copies) and BFM (one copy) includes: (I) admission ofservice (Form 3 or 4 as applicable); (2) notice ofhearing; (3) fiscal note; (4) proposed rules

- double spaced; (5) (LRC only) copies ofadmission ofservice on department secretary and authorization to proceed (Forms I and 2); (6) (LRC only) one copy ofany materials incorporated by reference. The materials will be returned after the review is complete; and (7) Small Business Impact Statement (Form 14) Ifrules have a negative fiscal impact on local political

subdivisions, ask BFM to send a copy ofits fiscal note to South Dakota Municipal League, Associated School Boards ofSouth Dakota, and South Dakota County Commissioners Association. Publish notice ofhearing in a manner selected to notify

persons likely to be affected; minimum legal test is publication ofnotice in at least three newspapers ofgeneral circulation in different parts ofthe state. Send noticeto 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. Ifa board or commission has rule-making authority, a majority ofthe board or commission must be present atthe hearing. Keep comment period open for ten days following hearing;

however, ifagency is part-time citizen board or part-time commission, close commentperiod at end ofhearing unless hearing is specifically continued to take additional comments. 

### Adoption process: Make changes in rules after consideration ofcomments

by public; make LRC's recommended changes; changes must be within the scope ofthenotice. Have rules signed by the person or a majority ofthe

body with the authorityto adoptthem (Form II). Serve Rules'Committee with minutes ofpublic hearing,

complete record ofwritten comments, and final draft ofrules after heating. Serve final draft ofrules 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 ofForm 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 ofState ifthe 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 ofState. 

### Effective date: Rules are provisionally effective on the 20th day

after filing with the Secretary ofState. Rules are finally effective on July 1 after the next

legislative session.

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

# ..

PROCEDURE FORADOPTING PERMANENTRULES Step 1 Forms 1,2 Serve proposed rules on department secretary Wait 15 days orget 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 ofhearing 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 ofhearing to Rules Committee. Appear and present rules to the Committee

Step 7 Form 13 File rules and certificate ofcompliance with Secretary ofState 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 ofFinance and Management, and Form 8, affidavit ofpublication, which is provided by the newspapers publishing your notice. Keep the originalsofall ofthese documents in your agency files except for Form 13, the certificate, the original ofwhich must be filed with the Secretary ofState. 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 ofthis

, 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 ofMinerals 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 ofDepartment ofEnvironment 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 ofthe Department ofEnvironment and Natural Resources, waive the fifteen-day waiting period before proceeding with the promulgation ofthe proposal for the Board ofMinerals 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 ofDepartment ofEnvironment and Natural Resources

### ( IN THE MATTER OF THE PRO MULGATlON OF ADMINISTRATIVE RULES ADMISSION OF SERVICE

Personal service of (1) the proposal for the Board ofMinerals and Environment to adopt amendments to chapter 74:36:21

- Regional haze program byrevising 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 ofthe Department ofEnvironment and Natural Resources' Admission of Service and Waiver ofWaiting Period; (3) the notice ofhearing; (4) the fiscal note; (5) the Small Business Impact Statement; and

# ~d~ L islative Research Council Forthese rules, the Agency contact person is: Rick Boddicker Phone Number: 605-773-3151f 

### \ IN THE MATTER OF THE PROMULGATION OF ADMINISTRATIVE RULES
Personal service of ADMISSION OF SERVICE

(1) the proposal for the Board ofMinerals and Environmentto adopt amendments to chapter 74:36:21

- Regional haze program byrevising 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 ofhearing, (3) the fiscal note, and (4) the Small Business Impact StatementForm 

# J i,

### h"ebyrulmitted" Pierre, SouthDakota,

### thl,

# ~ay of

# ~, 2011.

Forthese rules, the Agency contactperson is: Rick Boddicker PhoneNumber: 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 IMPACT STATEMENT: 

### The rule revisions for the Regional haze program will have no additional impact to any entities. The repealing ofthe 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 oflocal 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 (pleaseprovide a brief explanation, then sign, date, andsubmit form. Questions 2 through 8 do notneedto be answered) 

### X No Impact (pleaseprovide a brief explanation, sign, date, andsubmit form

- Questions 2 through 

### 8 do notneedto be answered)**~** The Department ofEnvironment andNatural Resources isproposing that the Board ofMinerals 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 byrevising 74:27:07:01 and 74:27:13:17. The department reviewed the types ofbusinesses 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 ofthe rule(s) on small business

- written in plain, easy to read language:
3. What is the basis for the enactment ofthe 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 ortypes ofsmall businesses would be subject to the rule? 6. Estimate the number ofsmall businesses that would be subjectto 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 orrecords 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 ofprofessional skills would be necessary to prepare the reports or

records?

### ( 

## o The average owner ofa 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 ofa CPA to complete the reports and/or records 

## o It

### is likely that a small business person would need the assistance ofan 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 ofthe rule (i.e. fewer reports, less recordkeeping, lower penalties)? No

- please explain:
DYes

- please explain
_______________________ _ Approved by: Secretary ofthe Department ofEnvironment 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 airpollutants. Prevention ofsignificant deterioration. New source review. Performance testing. Control ofvisible 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 inthe 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. Constructionpennits for new sources ormodifications. 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 powerplant. Installation ofcontrols based on visibility impact analysis or BART detennination. Operation and maintenance ofcontrols. Monitoring, recordkeeping, and reporting. Pennitto 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 chaptermean: (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 ofvisitor use ofa mandatory Class I federal
area and the frequency and timing ofnatural conditions that reduce visibility; (2) "BART," bestavailable retrofit technology; (3) "Best available retrofit technology" an emission limitation based on the degree of reduction achievable through the application ofthe best system ofcontinuous emission reduction for each pollutant that is emitted by an existing stationary facility. The emission limitationmust be established, on a case-by-case basis, taking into consideration the technology available, thecosts of compliance, the energy and nonair quality environmental impacts of compliance, any pollution control equipment inuse or in existence atthe source, the remaining useful life ofthe source, and the degree ofimprovement in visibility that mayreasonable be anticipated to result from the use of such technology; (4) "BART-eligible source," an existing stationary facility; (5) "Coal-fired powerplant," 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 ofcoal into electric power;

3PY/i"lIIw'Wwn

(6) "Contribute to adverse impact on visibility," a change in visibility impairment in a mandatory Class I federal area offive-tenths deciviews or more, based on a 24-hour average, above ( the average natural visibility baseline. A source exceeds the threshold ifthe 98th percentile (eighth highest value) ofthe modeling results, based on one year ofthe three years ofmeteorological 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 ofpollutant 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 bythe 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 ofa BART-eligible coal-fired power plant may not cause orpermit emissions of the following regulated air pollutant in excess ofthe 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 ofstartup, 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 ofstartup, aH:d 

### shutdown, and malfunction. Compliance with the PM1 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 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-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 ofsulfur 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).

6Monitoring and related recordkeeping and reporting requirements for other air pollutants from a ( BART-eligible source or from a major source or modification ofa major source shall consist ofat 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 ofthe use, maintenance, and if appropriate, installation of monitoring equipment or methods; (3) Documentation ofthe following: Ca) The date, place, and time ofsampling or measurements; Cb) The date ordates analyses·were performed; Cc) The company or entity thatperformed the analyses; Cd) The analytical techniques ormethods used; Ce) The results ofsuch analyses; and (f) The operating conditions as existing at the time ofsampling ormeasurement; (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 ofmonitoring records and all supporting documentation for at least five years from the date ofthe 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 ofMinerals 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 considerthe 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 ofthe proposed changes to the Regional Haze Program are to revise the emission limits for sulfur dioxide and nitrogen oxides to include periods ofstartup 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 ofthe 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 ofthe 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 169Bto strengthen and reaffirm the national goal and address visibility impairment from a collection ofsources whose emissions are mixed and transported over long distances to Class I areas. South Dakotahas 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 ofan 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 ofEnvironment and Natural Resources 523 East Capitol, Joe Foss Building Pierre, South Dakota 57501 Written comments must be received by close ofbusiness on August 17, 2011, to be considered. After the hearing, the Board ofMinerals and Environment will consider all written and oral comments it receives on the proposed amendments. The Board ofMinerals 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 ifyou 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 ofthe proposed rules maybe 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. Ifyou have any questions, please call.

.'cerely,
Lita L. Magedanz Senior Secretary Department of Environment and Natural Resources Division of Environmental Services Office ofAir 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 ofthe public notice. Please indicate the dollar amount before publishing in your newspaper. Ifyou have any questions, please contact this office at (605) 773-3151. Sincerely, 

# 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 ofthe public notice. Please indicate the dollar amount before publishing in your newspaper. Ifyou have any questions, please contact this office at (605) 773-3151. Sincerely,

# ~f?L

# r>f. (Y103e

# 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 ofthe public notice. Please indicate the dollar amount before publishing in your newspaper. Ifyou have any questions, please contact this office at (605) 773-3151. Sincerely, 

# XiJcGeX: (}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 ofJuly, 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 linethat must be completed with a dollaramount will now appear at the bottom ofthe 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!jtci(U1

# ~ Lita L. Magedanz () Senior Secretary Air Quality Program EnclosureI 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 advertisementfor 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 ofthe public notice. Please indicate the dollar amount before publishing in your newspaper. 

### Ifyou have any questions, please contact this office at (605) 773-3151. Sincerely, 

# ;)1,

# /4- 0 IFI (!je

# 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 ofJuly, 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 ofthe public notice. Please indicate the dollar amount before publishing in your newspaper, Ifyou have any questions, please contact this office at (605) 773-3151. Sincerely, 

# (If·k 21· /J1at{uJtvJ12 

# x 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 ofthe public notice. Please indicate the dollar amount before publishing in your newspaper. Ifyou have any questions, please contact this office at (605) 773-3151. Sincerely,

# ~t~M~d~~~elan~ Senior Secretary Air Quality Program Enclosure

## ( P'
_ 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 ofthe public notice. Please indicate the dollar amount before publishing in your newspaper. Ifyou have any questions, please contact this office at (605) 773-3151. Sincerely, 

# 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 ofthe public notice. Please indicate the dollar amount before publishing in your newspaper. Ifyou have any questions, please contact this office at (605) 773-3151. Sincerely, 

# 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 ofthe public notice.

Please indicate the dollar amount before publishing in your newspaper. If you have any questions, please contact this office at (605) 773-3151. Sincerely,

# ~·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 ofJuly, 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 ofEnvironment and Natural Resources Division of Environmental Services Air Quality Program 523 E. Capitol, Joe Foss Building Pierre, South Dakota 57501 A new state law (effective July 1, 2009) now requires that our public notices include additional language regarding the cost to publish the public notice. The line that must be completed with a dollar amount will now appear at the bottom of the public notice. Please indicate the dollar amount before publishing in your newspaper. Ifyou have any questions, please contact this office at (605) 773-3151. Sincerely, 

# uYf:k;f ;!7/0je 

# /c'71 V Lita L Magedanz 

# d Senior Secretary Air Quality Program Enclosure

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

Affidavit of Publication State ofSouth Dakota ss County of Brookings Laura Johnson of said county, first duly sworn, on oath, says: That she is the office clerk ofTHE 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 ofthe 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

# $~SOUTHDAKOTA**~ +~Al"Wl**  ••••

# "'d"n**~**

## ffi

Subscnbed"a"ne(sWOMFo 

# e8- 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 OFNJJlLIC HEARING TheBoard ofMinerals and Envifonment willhold a publichearing in the MatthewE"lvironmental Education andTraining Center, 523 East Capitol Avenue, Pierre, SouthDakota, !0:15a.m.;to considerthe .1'rbpos(ijchaiiges: Program .,' by
. article

74:35

- MedicalWaste;adopting 74:27

- SolidWaste by revising 74:27:07:01 and 74:27:13:17 and**revisi~ns** to South Dakota's.Regional Haie StateImplementationPlan, '.'•.' The effect of**th~** proposed changesto the Regiol)al Haze Program';"e**to~~~ise** the emissionlimits for sulfur dioxide and nitrogen oxides to includeperiOds of startup "l'dshu,tdown**for~oal fiW.:lpowerpl~ts**  such**.asOtt~l'tail ~,!weh**  . Company'sBigStonelfacility:COInpliancewith the emission limitswill·be basedon a30-day rolling ayerage.Theproposed changes wil1also
..**defJ/,e~** "30-day rolling average" and "operating day" for calculatingemissionrau,s.In addition the proposed changes**w~** revise monitoring,recordkeeping,repOpiilg,' and othermiscellaneous requirements.**Th~ r~as~n**  for the proposed**c~ges j~**  to' incorporate changes recommended byEPA, which willallowSouth Dakd\il'/o implement its Regional HazeProgram..
. . .' herepeal ofilieMedicaJWaste

### rul~s isbemg proposedbecause

### EPA.~~ promulgatedmedicoiI**w~te** regulations for air quality and lUainlainingthis air quality rule is Jnwarran!ed.
. . The effect ofthe proposedchal)ges tothe SolidWasterules is to mclude definitions relatOtito**me4i.ciUwa~tewhich**••**~** lxlil)g**rep~aled inthe.~~l,:al**  Waste rules.
... . . . . - ....

<, '" -' '-', :,"."': ,"-' --, - • - .' ,_:-.- ''',.\ Inthe 1990CleanAirActAmendments,Congress added section 169B!';' '. ''- strengthen al)dreafflllIlthe**~ational** go3Jandaddress**~isibilityinlpaimi~ntfrom'** a collection ofsOufceswhoseemissionsirre mixed and**transported6Y~rJ9ng** distailces toClaSs I 

### areas. S6uthDilkotahas two'ClaSs! areas and theyarethe Badlands andWind Cave**Natio~al** ParkS.
. South Dakota's State Implementation Plan was submitted.to EPAfOf!'<!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**  byEPA,which includes a review ofim. 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 andlorrevisIons toSouth,DakouhSiate**Implem~ntiltion** Plan forits RegionalHaze Programmaydo.so by**app~aring** i,n**pe!S~~ ~t** the hearing orby.submitting written comments 10 the person'and addregsrioted as follows:
. Rick Boddicker; Environmental Scientist ill**So~th**DakotaDepartment ofEnvironment and NaturalResources 523 East**Capit~l,** Joe Foss Building '. Pierre, SouthDakota 57501 Wrilt!'n comments must. be receivedbycIose ofbusiness onAugust i7,2011,to be considered. Afterthehearing,.the Boar.d ofMinerals and Envirbnment will consider all 'Yrittenand oral comments

### it'receives on,the proposed amendments. The Board ofMineraIs 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 disabilitiesthat this hearingisbeing held in a physically accessible place: Pleasenotify the deparllnent atleast48 hours before the public hearing ifyouhavea disability for which special
. arrangements must be made at the hearing. The telephone number for making specialarrangementiis (605) 773-3151.

. '. 1 . .:" '-', '/ -"-- --,,-"- Copies ofthe proposed**n¥e~**maybe obtairiedwithoutcharge**b~** callin,g I,illl

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

Published once atthe 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 ofsaid county, being, fIrst duly sworn, on oath, says; that she is the Business Manager of The Daily Republic, a daily newspaper, published in the City ofMitchell, in said County ofDavison, and State ofSouth Dakota; that she has full and personal knowledge of the facts herein stated; that said newspaper is a legal newspaper as 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 ofwhich, taken from the paper in which the same was published, and which is hereto attached and made a part ofthis affIdavit, was published in said newspaper for _1
__issues(s), to wit: 7-21-11 2x9.5 Display Advertisement-Notice ofPublic Hearing

That the full amount ofthe fee charged for the publication ofthe attached public notice insures to the sole benefIt of the publisher or publishers; that no agreement or understanding for the division thereof has been made with any other person, and that no part thereofhas been agreed to be paid to any person whomsoever, that the fees charged for the publication thereofare: _$331.55_ Signed:

# ~q1**d±~** J

# L~
Subscribed and sworn to before me this**~** 

### /?+h day of 

## Ju

# '1**~o** fJ

Notary Public County ofDavison My Commission Expires: 9-15-2012 Preparedby: The Daily Republic. PO. Box 1288. Mitchell S.D. 57301 605-996-5515NOTICE OFPUBLIC HEARING The Board ofMillerals**an~** Enviromrientwill 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 theproposed 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;repealingartic1e74:35- Medical Waste, a\lopting amendments to artic1e74:27 -SolidWaste by revising)4:27:07:01 ap.d 74:27:13:17 an,d revisionstoSonth Dakota'sReg;onal**H~e;~ta,teIn:iple!ll.entatiOIl** nan: ..

,. '<_' , > • -, :. \.' ': •• ,,'"' ,- , ...**~.** • '" " ,_', ('."." I , ..' • ; '; _', '. :' :. ,.. ". _. '.' The effect of the proposedchangesto the Regional Haze Program are to revise the emission limitsfoi sulfurdi()xideai:J.dnitrogen oxides to ill.elude peri9ds ofst

### 1lrtU Pand**s~utdo\Vn** foreoal fired power plantssuchils OttertailPowerCoiijpariy'sBigStol1eI facility. (;ompli.ance,witi) ,the. emission limits.Will**o~qased**..ona**30~day** rolling average. The proposed changes will.also .define a,"30c day rolling average" and "operating day:' forcalculating emissionrates. In ".ddition theprop?sedchanges willrevisern()nitoring; recordkeepc ing; 'reporting;**ap.~?th"r~stellaneolJ.s**requireme,llts. The reasonfor the proposed,**changesjsioinci>rPoraiechangesre~onfu:iellded** by EPA, .whichwill allow South Dakotllto,jl1'Blement**it§Re~i9pal.Hll.Ze Pr~graln~~**  ;",; ;t**;:'.""~'~** \:';,.:,_: '"**,;:~:<"** .: .j':;,'",",,'>. '
. The.repe<JJ. ofilie Me\lidllWasteiides**·.lslJeingpr()p~~~iI** because EPAhas 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.·' ., ."
..... '
.. 

### mtb: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 overolongdistances to ClassJareas:, 'south Dakota has two Class I areas and they are the'Badlands aildWmd CaveNatioilal ParkS.'· ",
. .,,' '''.:,**"~i.** :,'.'**;l"~\'** .?:.:- _: , ., '- ,- -- . __ ,_ .._, <," ':' n . _ South.Dakota's State l'mplementationPlanwassubmittedtoEPAfor 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

befugTeviSI'd tQ.incorporate changes**recommend.~d** byj:lPi\;,which .inclllcles a review ofan'. 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/orrevisip!lsto's'll,lthDak"til's Statel'mplementationPlanforitsR,egional Haie Program.may.dp.so by appearing in'personat.the hearing orby submittingwritt<;ncomments to iheperS(l1llll1d¥.dressnote1 as**foQo~~:** ..... . •.. Rick

### 13().ddi~k~r,**'Eii"ironm~~talic;~riiist**

## ill South DakotaDepartrnentofEnviro!lIIlentatld Natnral E.esollf ces

. 523East Capitol, JoeFoss Building , . .

. Pierre, South Dakota 57501

, , ",'-.,-"'" '1'- Writtencominenis mustbeleceived byd6se**ofbusine~s** onAugust 17; 20U,tobe·consider9d. Afterthe**~earing;the** Board ofMinerals and Envir()!lIIleut wilCconsider'all written and,' oral cornents it receives ori. tqe proposed amendments:'.**'Th~.BOaJ'd** ofi\1inerals and Environrtien.fmay modifyor amep.d a proposed 11Jle,at tha(!ipte to include orexcll1d 

### e

'l!1!!tters):hat are described in thisnotice:·. '
. Notice is further given to individulliswith disabilitieS:lhat

### this'hearing is' being nel.d illa physically accessible place: Please .notify the department at least 48 hours before the public heil!ing ifyouhave a disabilityJorwhich, special arrangements'mnst be made at the hearing. The telephone**rium~er**formaking special arrangements is(605) 773-3151: !.:
... , '" •..• . , " Copies oftheproposedriHesmaybeobtainedwithoutchilrgebycalling LitaMagedlll1zat(605)773'3151 orfrom thefollowing website:**http://d~nr.sd:gov/des/ag/airpiogr.aspx** .

# "'-A~ .'--J Steven l'v:L**Phller~** 

# J Secretary Published once atthe total approximate cost of_-,$",3""3",,1=.5,,,,5,--_.,

### RECEIVED 

## AUG 04 2011

AIR QUALn y

PROGRAM 

# pital 3Journal

AFFIDAVIT OF PUBLICATION State ofSouth Dakota, County ofHughes

0\".0--' 

# VJ lC Y\ 0 \ 

# fi
. of saidcounty, being, first duly sworn, on oath, says: That

### hQ;~s the publisher or an employee ofthe publisher ofthe 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 ofthe facts herein stated, that said newspaper is a legal newspaper as defined in SDCL 17-2-2.1 through 17-2-2.4 inclusive, that said newspaper has been published within the said County ofHughes and State ofSouth Dakota, for at least one

## }~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 ofwhich, taken from the paper inwhich the same was published, and which is hereto attached and made a part ofthis 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 ofthe fee charged for the publication ofthe attached public notice inures to 

### the sole benefit ofrhe publisher or publishers; that no agreement or understanding for the division thereofhas been made with any other person, and that no part thereofhas heen agreed to 

### be paid to any pe e fees charged for the publication thereofare: 

### $**~\..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 PUBLICHEARING 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 ofthe 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 ofslartupand shuldown for coal fired power plants roch as Onertai! Powe, Comp.n)'; Big Slone! f.dlity. Compli.**an~e** withthe 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"njrd.led 10 medico1 wast.which are heing repealed in the Medicol WasteruJe..

In the 19!1!l Clean AirAct 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,
... Iarea,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 changesrecommended by EPA, \\'h',h indud« a re"iew nfan 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 maydoso b)"oppe"'ing inpm<!n at Ihe heoringorb), ,uhmillins\\'rillen Commem, Lo ,h.person anJ address nOleJ0, 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 ofI>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 ifrou 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.,oflheprop"<.,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 OFPUBLICATION 

### 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 ofsaid times was an employee ofthe·publisher ofsuch newspaper and has personal knowledge ofthe facts stated in this affidavit; that the notice, order or advertisement, a printed copy ofwhich is attached, was published in said newspaper upon:

__**T.:.:h:!:u!!:rs~d:!!.ayl......._** ' the _-,2",I:.:;s;;..t
_ day of
___ J;.;:u"'ly'--
__20II,

that the full amount ofthe 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 ofsaid newspaper; that no agreement or understanding for the division ofthe fee has been made with any person, and that no part ofthe fee has been agreed to be paid to any other person.

My commission expires June 28, 2017 PROGRAM wmrr'U1!IpU lWZ •

### Watertown Public Opinion AFFIDAVIT OFPUBLICATION

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.onand 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," recordkeeping, '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;'.,
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..' "',".**;~';:. ;',~{~:~~.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 beingpr9go
..**"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~** ·

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### .'~',;<;->::.t,-,;:::

.**~6yth'D"kqta's** . lementatic,i) Plan**W~s** subrriIHedtoEPAforiadopt:' : iriga Regipi,,;J
..establishing";'eas"res South Dakotawill.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:(** ··,r eCQmrr),,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 

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. ..:;.

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·**Writtenc~mmen.ts**'must be reyeiyed byclose of businessonAug'us!,1 (. 201 1 • .-**~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"atthat' fid;eto·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 rulesmay**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 Crauford6eingfirst dury sworn, upon liis/lier oatli says: rrFiat fie/sfie is now andwas at a{{time liereinafter mentioned, an empfoyee of tlie 1ljlPIc]) CITYJOVCj?JVfl.£, acorporation oj1(apUl City, South C])afi.pta, the ownerand pu6[isherof the 1ljlPFD CITY JOVCJ?JVfl.£, afega[anddairy newspaperprintedand pu6[isliecfin CRflpUl City, in saUl County oj Pennington, ana 

## lias 

## fu[( and persona[Itnowfetfge of a[[thefacts herein statedasfo[fows: that saUlnewspaperis anaat a[[ojthe times herein mentioned

## lias 6een afega[anadairy newspaperwith a 60nafldepaUlcircufation ojat feast 7'wo J{undredcopies dairy, and

## lias 6eenprintedand pu6[islied in the P.ng[isfi fanguage, at andwithin an office maintained6y the owner anapu6[isher thereof, at (j{apU[ City, in saU[ Pennington County, andlias 

## 6een acfmittedto the VnitedStates mai[under the secona crass maiEing privifegefor at feast one yearprior to the pu6[ication herein mentioned; tfiat the aavertisement, a printed copy ofwhicfi, taksnfrom saUl (j{apU[ City**Jouma~** 

## the paper in which the same waspu6Eishecf, is attachedto this sheet anamacfe 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 thefees charged for tfi£p6Eication there ojare . 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 startupand shut'**dow~fb(c:9?ifired** ppwer planis!'ucll'asqtteriailPower Company's Big Stone I.facHity
.. Co " ' •.**'*~erniSSion** limi.tswill 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,,',,:

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### ~', ';'". ;', •

. .··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** toClass I areas. South Dakotahas!'-Y0qassJ a(easllnd they are the BadlandsandWind 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 toachieve 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 byappearing'in persor,at the'liearingor by sub0itting written commentstothe person andaddressnoted asfqllows: "':".

WrittellcolT1ments.mustbe

### rei:eiv~d byclos60f business.on·August 17

### ~. 201f,ld'be con' sidered. Afterihe**heari~g,** the Boaid '01 Mineralsand EnvirilnmenfwiUconsider.all written 'arid oral comments it receivesonthe'**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 ina

, pliysicallyaccessible place. Please notifythe department at .Ieast 48 h()ursbeiorethe public hearing ifyou nave adisability for which special arrangements must be made atthe hear, ing.**ThetelePhon'e~urT1ber** for making special arrangements is (605) 773-3151. Copiesofthe**'p~oposed** rules may be obtained withoutcharge 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 ofPublication STATE OF SOUTH DAKOTA: COUNTY OF LAWRENCE: Letitia Lister ofsaid County and State being first duly sworn, onher oath says: That the BLACKHILLS PIONEERis a legal daily newspaper ofgeneral circulation, printed andpublished in the City of Spearfish, in said County and State by LetitiaLister, and has been such a newspaper during the times hereinafter mentioned; and that said newspaperhas a bonafide circulation ofatleast 200 copies weeldy, andhas beenpublished within said County inthe Englishlanguage for atleast one yearpriorto the first publication ofthe notice hereinmentioned, and is printed in whole or in partin an office maintained atthe place ofpUblication;.and that I, Letitia Lister, the undersigned, am the Publisher ofsaid newspaper and have personal knowledge ofall the facts stated inthis affidavit; and :thatthe advertisement headed:

'iprinted copy ofwhich is hereto attached, was printed and published in said newspaper for , successive and consecutive weeks, the first publication being made onthe

### ~tsl=-day of

# Ju,/y ,.;:)01 

### J, and the lastpublication onthe day of , thatthe full amount offees charged for publishing same, to-wit: The sum of $ 

## 31 S'.ao, insures solely to the benefit ofthe publisher ofthe BLACK HILLS PIONEER, that no agreement orunderstanding for a division thereofhas beenmade with any person and that no part thereofhas been agreed to be paidto any otherperson whomsoever.

Subscribed and sworn to before methis

### ~**~** 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 ofEnvironment & 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 ofEnvironment & 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 ofsaid times, was an employee of the publisher ofsuch newspaper and has personal knowledge ofthe facts stated in this affidavit; that the notice, order or advertisement, a printed copy ofwhich is 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 OFPUBLICATION 

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



### ..................**§.~.~** 

### ..**~DD.~**

### ..**~.~.~!?**

## .................. of the City of Madison, County of Lake, State ofSouth Dakota, beingfirst 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 ofthe notice hereunto attached, andhasduringall ofsaidtime had, and how has, more than 200 bona fide subscribers; that the undersigned, the affiant, is the
..................**~.'7.~!.~~.~!Y..**

### ................. ofthesaidnewspaper, inchargeoftheadvertising department thereofand has personal knowledge of all the facts stated in this affidavit andtheadvertisementheaded



## ................**~.~.P..~.~~~~!.9.~.~.~.'(,!~9.~~.~.~!.~.~~u~.~!~.~.~.I**

## ..**~~.~.?.~~~~.~**

## ................

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## ..**~.~.'(,~~!.~~~.~.~!:**

# ..**~.~H.i.?.~.~.I**..

### !j**.~.~.~**

### ..**~.~?W~.~**

## .................... printed copy ofwhich hereunto attached, was printed and published in the said newspaper for
..............**9..~.~**

## .............. successive weeks, once each week and on the same day oftheweek, on thefollowing dates, to-wit: On
........**.I~.YE~.~~Y.**

### ......... ,the
....**:?.1.~L**

## .. dayof
.....:........

### JY.!Y.
.....; ..........,20
......

### .1..1...
.... ; On
...................................... ,the
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.................. ; On
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........................................,20
.................. ; On
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........................................,20
.................. ; On
...................................... , the
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.................. ; That $
..........

## .1.?§.:§.9
........... being the full amount ofthe fees for publication of the attached notice inures solelyfor thebenefit ofthepublisherofthe said newspaper; that no arrangement or understanding for a division thereof has been made with any otherperson and thatno part thereofhas been agreed to be paidto any other personwhomsoever.**~**



## ..............

# ~J!..,£.....

# ).Ik(lJ/&.
....**~**

# ......................... Subscribed and sworn to before me this
.........

### ??~.~

# ......... dayof July 20 

### 11

..........................................................................................., ...................

.....

# ~.....

# ~...

# ~....... Notary Public, Lake County, SouthDakota RQUALITY ROGRAM Madison DailyLeader 1M

Publication Fees

---- $
......................... NotaryFees

------ $
......................... 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 ofsaid publisher and has personal knowledge of all facts st d in this affidavit; That the advertisement headed:

aprinted copy ofwhich 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 publicationbeingmade on the 

# dZ day

### ~ 20II The secondpublicationbeingmade onthe day of , 20II. Thethirdpublicationbeing made onthe day of ,2011 The fourth publicationbeingmade onthe day of 2011. The fifth publicationbeingmade on the day of ,2011. The sixthpublicationbeing made onthe day of ,20II; That said newspaper is a legal newspaper published five days or more each week; with a bona fide circulation ofmore than two hundred copies daily; published in the English language within the said county ofBrown for more than one year prior to the first publication of said notice; and printed in whole in an office maintained at the place ofpublication ofsaid newspaper; Thatthe**who~** amount ofthe fee paid for the publication ofthe annexed notice is 

### $**~59;; ~**  

# ,which insures solely to the benefit ofsaid publisher; That no agreement or understanding for a division thereof had been made with any other person; and That no part thereofhas been agreed to be paid to anyper on whomsoever.

Subscribed an sworn to beforemethis Daily Circulation 

# I{O

# /(5)-0 j 

# /21 day 0

# ~~"**~<~~ --f~--'**  2011

# ---',",,_d-'-~-'--'-""'-~-=(~~=--'li~--------- NotaryPublic, Brown County, SD.

My commission expires
__ March 20,2013 

## RECEIVED 

## JUL 252011

AIR QUALITY

PROGRAM SEAL

## ( RECEIVED 

# JUl 222011

AIR QUALITY

PROGRAM AFFIDA vIr OFPUBLICA 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**CLSs~csn** NOTJIlRY PUBLIC, 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·
...

### -r n**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 ofthe notice attached to this affidavit to the list ofpersons 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 ofrulemaking proceedings by the Department ofEnvironment and Natural Resources.

Subscribed and sworn to before me this

### ~ day of 

# J (,\kl '20_11_.

# ~v~~ Notary Public

- South Dakota (Seal) My Commission expires

### BRENDA.4jlIDE~~ tift

### Commislion" October26,2016 

# {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 ofEnvironment and Natural Resources (DENR) is proposing revisions to the Administrative Rules ofSouth 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 ofMinerals and Environment on August 18, 2011 in the MatthewEnvironmental Education and Training Center, 523 East Capitol Avenue, Pierre, South Dakota, at 10: 15 a.m. The purpose ofthe public hearing is to receive and considertestimony onthe adoption ofthe proposed revisions. Copies ofthe 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 ( JNDYASPHALT 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

CATHYATKINS 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

JERRYWAGNER 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

,)RTTHOMPSON 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 CITYAIR 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 1717WEST RILLITO TUCSON AZ 85745

DENNIS DAVIS SD ASSOC OF RWS 203 CENTER STW 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

# ( ADMINISTRATIVEPROCEDURESACT FISCAL NOTE PreparedbySubmittingAgency

Environmental Services Air Quality& Solid Waste BFM50. 10

PROPOSED RULE: Amendments to chapter74:36:21 '- Regionai haze program byrevising sections 74:36:21:02; 74:36:21:06; and 74:36:21:09, repeal article 74:35

- Me.dical Waste, andadoptamendments to article 74:27

- Solid Waste byrevising 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 ofthe Medical Waste Rules and the amendments to the Solid Waste rules will also have no impact on any entities. No additional staffing orresources by DENR are needed. FISCAL NOTESUMMARY: none

REVENUE INCREASES (DECREASES)

TOTAL $0 $0 

### I 

# I**~~~~~~~~~~~~~GnCfu;,n~--------DATE----T---+---------------** ATTACH: Copy of. posed rules; separate sections for: 1) explanation ofrules effect, i.e. whatprocedures, schedules, activities, etc. will change with its a ption 2) sfatistics used, and theirsource, 3) assumptions that were made to arrive at fiscal impact, 4) computations that were made, 5)smal/business impactstatement RevisedJune 2004

# Legislative Research SouthDakota 

# 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 DakotaDepartment ofEnvironment and Natural Resources 523 East Capitol Avenue Pierre, South Dakota 57501 Dear Mr. Nadenicek: The Board ofMinerals and Environment has proposed the amendment or repeal ofARSD 74:27:07:01,74:27:13:17, Chapter 74:35:01, Chapter74:35:02,74:36:21:02, 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 apreliminary review ofyour rules. Attached are your rules edited for form and style pursuant to SDCL 1-26-6.5 and directions for submitting the final draft ofthe rules. Ifyou have any questions, please don'thesitate to call me or the staffmember 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

AIRPOLLUTION 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 airpollutants. Prevention ofsignificant deterioration. New source review. Performance testing. Control ofvisible emissions. Continuous emission monitoring systems. Variances, Repealed. Open burning, Transferred or Repealed. Acid rainprogram. 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. Constructionpennits for new sources ormodifications. 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 powerplant. Installation ofcontrols based on visibility impact analysis orBART detennination. Operation and maintenance ofcontrols. Monitoring, recordkeeping, and reporting. Pennitto construct. Pennitrequired for BART detennination. Federal land manager notification and review.
2

## ( 74:36:21:02. Definitions. 

### Unless otherwise specified, the terms used in this chaptermean: (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 ofvisitor use ofa mandatory Class I federal
area and the frequency and timing ofnatural 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 ofthe best system ofcontinuous emission reduction for each pollutant that is emitted by an existing stationary facility. The emission limitationmust 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 ofthe source, and the degree ofimprovement 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 powerplant," 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 ofcoal into electric power;

3(6) "Contribute to adverse impact on visibility," a change in visibility impairment in a mandatory Class I federal area offive-tenths deciviews ormore, based on a 24-hour average, above ( the average natural visibility baseline. A source exceeds the threshold ifthe 98th percentile (eighth highest value) ofthe modeling results, based on one year ofthe three years ofmeteorological 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 ofpollutant 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 bythe 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-hourperi0'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 ofa BART-eligible coal-fired power plant may not cause or permit emissions of the following regulated air pollutant in excess ofthe 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 of0.012 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 ofstartup. 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.l0 pounds per million Btus, which does not include includes periods ofstartup, 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 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 ofsulfur 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 ofa major source shall consist ofat 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 ofthe use, maintenance, and ifappropriate, installation of monitoring equipment or methods; (3) Documentation ofthe following: (a) The date, place, and time ofsampling 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 ofsuch analyses; and (f) 

### The operating conditions as existing at the time ofsampling 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

7Source: 

### 37 SDR 111, effective December 7, 2010. General Authority: 

### SDCL 34A-1-6. Law Implemented: 

### SDCL 34A-1-6.

8

### Excerpt ofthe Minutes from the Board ofMinerals andEnvironment 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 ofthe 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 ofthe public hearing was published on July 21,2011, inthe following newspapers: Aberdeen AmericanNews, 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 ofthe 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 sentto EPA, the National Park Service, Otter Tail Power Company, Public Utilities Commission, and several surrounding states. The proposed rules were sentto the Bureau ofFinance 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 ofthe 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 ofEnvironment 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 offeredby Otter Tail Power Company as operating agent for Big Stone Plant. Big Stone Plant is co-owned byNorthWestern Corporation d/b/a NorthWestern Energy, Montana-Dakota Utilities Co. A Division ofMDUResources Group, Inc., and Otter Tail Power Company, a wholly owned subsidiary ofOtter Tail Corporation. Otter Tail Power Company supports the amendments to Chapter 74:36:21 as proposed bythe South DakotaDepartment ofNatural Resources. We encourage the Board ofMinerals and Environment to approve the amendments without further revision.

# ~~**~rum** Manager, Environmental Services

An Equal Opportunity Employer 

# AN. OTTERTAIL COMPANY

### ) , "/ 

# United States Department ofthe Interior NATIONAL PARK SERVICE Air Resources Division P.O. Box 25287 lI'J'r""PIH"HlWR'liMF"PjII(

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 DakotaDepartment ofEnvironment 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) onJanuary 21,2011, and revisions to the SIPthat you provided onJuly 21,2011. We agree with the Department ofEnvironment 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 onregional modeling by the Western Regional Air Partnership (WRAP), the major sources ofsulfur 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 notproposing 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 setby South Dakotabased on the WRAP modeling will not be met. NPS is recommending S02

### controls at Gerald Gentleman Station to EPA and Nebraska. Weencourage South Dakota DENR to consult with Nebraska on reducing contributions from the Gerald Gentleman Station to Badlands and Wind Cave National Parks. As part ofthereasonable 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 thatthe 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 ofSignificant 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 ofmy staffat (303) 969-2075. Sincerely,

# J:::oo~ Policy, Planning and PermitReview Branch

cc: Gail Fallon Air Quality Planning Unit (8P-AR) US EPARegion 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 andthe duly elected chair ofthe Board ofMinerals and Environment and that the attached instruments are full, true, and correct copies ofthe following rules adopted by the Board ofMinerals and Environment on 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 article74:27

- 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 ofthese rules. These rules will become effective twenty days after filing with the Secretary ofState.

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 ofMinerals 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 ofState:
a. The proposed amendments to chapter 74:36:21- Regional Haze Program by revising sections 74:36:21 :02; 74:36:21 :06; and74:36:21 :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 Mercurybudgettradingprogram, Repealed. Constructionpermits for new sources ormodifications. Regional haze program.

CHAPTER 74:36:21

REGIONAL HAZE PROGRAM

Applicability. Definitions. Existing stationary facility defined. Visibilityimpact analysis. BART determination. BART determination for a BART-eligible coal-fired powerplant. Installation ofcontrols based on visibilityimpact analysis or BART determination. Operation and maintenance ofcontrols. Monitoring, recordkeeping, and reporting. Permit to construct. Permitrequired for BART determination. Federal land managernotification and review. 2

# ( 74:36:21:02. Definitions. Unless otherwise specified, the terms used inthis chaptermean: (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, andhow these factors correlate with times ofvisitor use ofa mandatory Class I federal
area and the frequency and timing ofnatural 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 ofthe best system ofcontinuous emission reduction for each pollutant that is emitted by an existing stationary facility. The emission limitation mustbe 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 inuse or in existence at the source, the remaining useful life ofthe source, and the degree ofimprovement in visibilitythat mayreasonable be anticipated to result from the use of such technology; (4) "BART-eligible source," an existing stationary facility; (5) "Coal-fired powerplant," anyperson, 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 otherwisereal propertyused, or intended for use, for the conversion ofcoal into electricpower;

3(6) "Contribute to adverse impact on visibility," a change in visibility impainnent in a ( mandatory Class I federal area offive-tenths deciviews ormore, based on a 24-hour average, above the average natural visibility baseline. A source exceeds the threshold ifthe 98th percentile (eighth highest value) ofthe modeling results, based on one year ofthe three years ofmeteorological 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 ofpollutant in question emitted from a unit during an operating day and theprevious 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 bythe 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 bythe total hours operated during the 30-dayoperatingdays.

4A new 30-day rolling average shall be calculated for each new operating day. Each 30-dayrolling ( 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-hourperiod.



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

### GeneralAuthority: 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 ofa BART-eligible coal-firedpowerplant maynot cause orpermit emissions of the following regulated airpollutant in excess ofthe 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 of0.012 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 ofstartup,arui shutdown, and malfunction; (5) Nitrogen oxide emissions in excess of561 pounds per hour, which includes periods of startup, arui shutdown, and malfunction; and 5

### (6) Nitrogen oxide emissions in excess of 0.10 pounds per million Btus, which does not ( include includes periods ofstartup, 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-dayrolling average.

Source: 

### 37 SDR 111, effective December 7,2010. General Authority: 

### SDCL 34A-I-6. LawImplemented: 

### 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 visibilityimpact 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 ofsulfur 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).

6m


### Monitoring and related recordkeeping and reporting requirements for other air pollutants from a ( BART-eligible source or from a major source or modification ofa major source shall consist ofat least the following: 

### be iR aooof(iaRoe with § 74:36:05:16.01(9). Reoordke9jliRg aRd 

### r9jlortiRg shaH oomplywith 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 ofthe use, maintenance, and ifappropriate, installation of monitoring equipment ormethods; (3) Documentation ofthe following: (a) The date, place, and time ofsampling ormeasurements; (b) 

### The date or dates analyses were performed; (c) The company or entitythat performed the analyses; Cd) The analytical techniques ormethods used; Ce) Theresults ofsuch analyses; and (f) 

### The operating conditions as existing at the time ofsampling ormeasurement; (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 mustbe certified by aresponsible 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 mustbepromptlyreported and certified by a responsible official; and

7 frw'pn . F

### ( (5) Requirements for retention ofmonitoring records and all supporting documentation for ( at least five years from the date ofthe monitoring sample, measurement, report, or application.



### Source: 31SDR 111, effective December7,2010. 

### General Authority: SDCL 34A-1-6. 

### LawImplemented: SDCL 34A-1-6.

8) IN THE MATTER OF THE PROMULGATION OF ADMINISTRATIVE RULES AFFIDAVIT ... i!l!MP"



### I, Rick Boddicker, certify that onAugust 19,2011, I sent by U.S. mail and electronic mail a correct copy ofthe following documents adopted by the Board ofMinerals and Environment on August 18, 2011: 1. 

### The minutes ofthe public hearing 2. A record ofthe written comments 3. The small business impact statement 4. The fiscal note 5. The rules adopted: The amendments to article 74:36 by revising chapter 74:36:21

- Regional Haze Program, the repeal ofarticle 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/ 

# 6JlJ.v.vh..**~** Notary Public

- South Dakota (Seal) My Commission expires 

### BlENDAANDERSON, NoIory

### Public 

### liltCommiNion Expires



### Octobtr26,2016 EBEn "'!J'"!lrWP'·.,.im"' "'!FPW

# .~ Rick Bod icker

### Boddicker, Rick Boddicker, Rick l;'rom: 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 ofthe following documents: 1. a. A copy ofthe revisions to chapter 74:36:21

- Regional Haze Program b. A copy oftheproposed repeal ofarticle 74:35

- Medical Waste c. A copy ofthe 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 ofthe small business impact statement; and 5. A copy ofthe fiscal note. Ifyou 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 ofthe 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 ofthe revisions to chapter 74:36:21

- Regional Haze Program b. A copy ofthe proposed repeal ofarticle 74:35

- Medical Waste c. A copy ofthe 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 ofthe small business impact statement; and 5. A copy ofthe fiscal note. Ifyou 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 yearRepresentative Gibson: Please find attached a copy ofthe following documents: 1. a. A copy ofthe revisions to chapter 74:36:21

- Regional Haze Program b. A copy ofthe proposed repeal ofarticle 74:35

- Medical Waste c. A copy ofthe 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 ofthe small business impact statement; and 5. A copy ofthe fiscal note. Ifyou 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 ofthe 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 ofthe revisions to chapter 74:36:21

- Regional Haze Program b. A copy ofthe proposed repeal ofarticle 74:35

- Medical Waste c. A copy ofthe 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 ofthe small business impact statement; and 5. A copy ofthe fiscal note. Ifyou have any questions, please contact me at (605) 773-3151. Sincerely,

Rick Boddicker Environmental Scientist III Air Quality Program EnclosuresBoddicker, 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 ofthe following documents: 1. a. A copy ofthe revisions to chapter 74:36:21

- Regional Haze Program b. A copy ofthe proposed repeal ofarticle 74:35

- Medical Waste c. A copy ofthe 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 ofthe small business impact statement; and 5. A copy ofthe fiscal note. Ifyou 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 ofthe 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 ofthe revisions to chapter 74:36:21

- Regional Haze Program b_ A copy ofthe proposed repeal ofarticle 74:35

- Medical Waste c_ A copy ofthe 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 ofthe small business impact statement; and 5_ A copy ofthe fiscal note_ Ifyou have any questions, please contact me at (605) 773-315L Sincerely,

Rick Boddicker Environmental Scientist III Air Quality Program EnclosuresBoddicker, 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 -. [

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...

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 ofthe following documents: 1. a. A copy ofthe revisions to chapter 74:36:21

- Regional Haze Program b. A copy ofthe proposed repeal ofarticle 74:35 -Medical Waste c. A copy ofthe 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 ofthe small business impact statement; and 5. A copy ofthe fiscal note. Ifyou 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 ofthe following documents: 

### DEPARTMENT 

### of ENVIRONMENT and NATURAL RESOURCES PMB 2020 JOE FOSS BUILDING 523 EAST CAPITOL PIERRE, SOUTH DAKOTA 57501·3182 

### www.state.sd.us/denr

1. 

### a. A copy ofthe revisions to chapter 74:36:21

- Regional Haze Program b. A copy ofthe proposed repeal ofarticle 74:35

- Medical Waste c. A copy oftheproposed 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 ofthe small business impact statement; and 5. A copy ofthe fiscal note. Ifyou 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 U"'[JII'RWI!!i!'n r" ["'"

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 ofthe following documents: 1. a. A copy ofthe revisions to chapter 74:36:21

- Regional Haze Program b. A copy ofthe proposed repeal ofarticle 74:35

- Medical Waste c. A copy ofthe 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 ofthe small business impact statement; and 5. A copy ofthe fiscal note. Ifyou 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 ofthe following documents: 

## DEPARTMENT of 

## ENVIRONMENT 

## and NATURAL RESOURCES PMB 2020 JOE FOSS BUILDING 523 EAST CAPITOL PIERRE, SOUTH DAKOTA 57501·3182 

### www.state.sd.us/denr

1. 

### a. A copy ofthe revisions to chapter 74:36:21

- Regional Haze Program b. A copy ofthe proposed repeal ofarticle 74:35

- Medical Waste c. A copy ofthe 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 ofthe small business impact statement; and 5. A copy ofthe fiscal note. Ifyou 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. Memberexcused: 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 ofteaching 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. Memberexcused: Hunhoff. Representative Gibson moved to approve the Professional Teachers rule proposed by the Department ofEducation: Board ofEducation. Motion died fora lack ofa 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. Memberexcused: 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 [ "WERules 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: Hunhoffand 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 ofLaborand Regulation: Division ofInsurance. 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. Memberexcused: 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 ManagementRules 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. Memberexcused: 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. Memberexcused: 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 ofAgriculture: Animal Industry Board. Motion prevailed on a roll call vote with 

### 5 ayes, 

### 1 excused. Members voting aye: Buhl, Gibson, Hunt, Tornow, and Vehle. Memberexcused: Hunhoff. Representative Gibson moved, seconded by Representative Hunt, to approve the remaining rules proposed by the Department ofAgriculture: Animal Industry Board. Motion prevailed on 

### a roll call vote with 

### 5 ayes, 

### 1 excused. Members voting aye: Buhl, Gibson, Hunt, Tornow, and Vehle. Memberexcused: 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 SenatorBuhl, 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. Memberexcused: 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. Memberexcused: 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. Memberexcused: 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 byRules 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. Memberexcused: Hunhoff. Vice Chair Tornow adjourned the meeting at 12:59 p.m.

All Legislative Research Council committee minutes and agendas are available at the South Dakota Legislature's Homepage: http://iegis.state.sd.us. Subscribe to receive electronic notification of meeting schedules and the availability of agendas and minutes at MyLRC (http://iegis.state.sd.us/mylrc/index.aspx.

### IN THE MATTER OF THE PROMULGATION OF ADMINISTRATIVE RULES CERTIFICATE
I, 

### Richard C. Sweetman, hereby certify that I am a duly appointed member and the duly elected chair ofthe Board ofMinerals and Environment and that the attached instruments are full, true, and correct copies ofthe following rules adopted by the Board ofMinerals and Environment on 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 ofthese rules. These rules will become effective twenty days after filing with the Secretary ofState.

Subscribed and sworn to before me this

# t8 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 ofMinerals and Environment

SECRETARYOF STATE