# Sou th Dakota 40 CFR Part 52, Subpart QQ , Section 52. 2170 (c) EPA

- approved regulations (d) EPA

- a pproved source specific requirements

October 1, 2015

Part 1 of 1

U.S. EPA Region 8 Office of Partnership and Regulatory Assistance (OPRA) Air Program 1595 Wynkoop St Denver, CO 80202

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### i Sou th Dakota 40 CFR Part 52, Subpart QQ , 52.2170, (c) EPA -approved regulations (d) EPA -approved source specific requirements

October 1, 2015 Part 1 of 1

Table of Contents (c) EPA

- approved regulations Rule Number Rule Title State Effective Date EPA Effective Date Final Rule Citation, Date Comments

Statewide 74:09:01 Procedures

- Board of Minerals and Environment, Contested Case Procedure. 74:09:01:20 Board member conflict of interest 5/29/14 3/2/15 80 FR 4799, 1/29/15 74:09:01:21 Board member potential conflict of interests 5/29/14 3/2/15 80 FR 4799, 1/29/15 74:36:01. Definitions. 74:36:01:01 Definitions 6/25/13 11/2/15 80 FR 59620, 10/2/15 74:36:01:03 Administrative permit amendment defined 4/4/99 5/7/03 68 FR 16726, 4/7/03 74:36:01:04 Affected states defined 4/22/93 12/18/98 63 FR 55804, 10/19/98 74:36:01:05 Applicable requirements of Clean Air Act defined 6/28/10 7/28/14 79 FR 36419, 6/27/14 74:36:01:06 Complete application defined 4/22/93 12/18/98 63 FR 55804, 10/19/98 74:36:01:08 Major source defined 4/4/99 5/19/14 79 FR 21852, 4/18/14 74:36:01:09 Categories of sources defined 1/2/05 10/13/06 71 FR 46403, 8/14/06 74:36:01:10 Modification defined 6/28/10 7/28/14 79 FR 36419, 6/27/14 74:36:01:11 National ambient air quality standard (NAAQS) 4/22/93 12/18/98 63 FR 55804, 10/19/98 74:36:01:12 Potential to emit defined 4/22/93 12/18/98 63 FR 55804, 10/19/98

### ii 74:36:01:13 Process weight rate defined 4/22/93 12/18/98 63 FR 55804, 10/19/98 74:36:01:15 Regulated air pollutant defined 1/5/95 5/19/14 79 FR 21852, 4/18/14 74:36:01:16 Responsible official defined 1/2/05 10/13/06 71 FR 46403, 8/14/06 74:36:01:18 Munici pal solid waste landfill defined 12/29/96 12/18/98 63 FR 55804, 10/19/98 74:36:01:19 Existing municipal solid waste landfill defined 12/29/96 12/18/98 63 FR 55804, 10/19/98 74:36:01:20 Physical change or change in the method of operation defined 6/28/10 7/28/14 79 FR 36419, 6/27/14

74:36:01:21 Commence construction defined 6/28/10 7/28/14 79 FR 36419, 6/27/14 74:36:02. Ambient Air Quality. 74:36:02:01 Air quality goals 4/22/93 12/18/98 63 FR 55804, 10/19/98 74:36:02:02 Ambient air quality standards 6/25/13 11/2/15 80 FR 59620, 10/2/15 74:36:02:03 Methods of sampling and analysis 6/25/13 11/2/15 80 FR 59620,10/2/15 74:36:02:04 Air quality monitoring network 6/25/13 11/2/15 80 FR 59620, 10/2/15 74:36:02:05 Air quality monitoring requirements 6/25/13 11/2/15 80 FR 59620, 10/2/15 74:36:03. Air Quality Episodes. 74:36:03:01 Air pollution emergency episode 6/28/10 7/28/14 79 FR 36419, 6/27/14 74:36:03:02 Episode emergency contingency plan 6/28/10 7/28/14 79 FR 36419, 6/27/14 74:36:04. Operating Permits for Minor Sources. 74:36:04:01 Applicability 4/22/93 12/18/98 63 FR 55804, 10/19/98 74:36:04:02 Minor source operating permit required 6/28/10 7/28/14 79 FR 36419, 6/27/14 74:36:04:02. 01 Minor source operating permit exemption 6/28/10 7/28/14 79 FR 36419, 6/27/14

### iii 74:36:04:03 Emission unit exemptions 6/28/10 7/28/14 79 FR 36419, 6/28/14 74:36:04:04 Standard for issuance of a minor source operating permit 6/25/13 11/2/15 80 FR 59620, 10/2/15

74:36:04:05 Time period for operating permits and renewals 6/25/13 11/2/15 80 FR 59620 , 10/2/15 74:36:04:06 Timely and complete application for operating permit required 6/28/10 7/28/14 79 FR 36419, 6/27/14

74:36:04:07 Required contents of complete application for operating permit. 6/28/10 7/28/14 79 FR 36419, 6/27/14

74:36:04:08 Applicant required to supplement or correct application 1/5/95 12/18/98 63 FR 55804, 10/19/98

74:36:04:09 Permit application

- Completeness review 6/28/10 7/28/14 79 FR 36419, 6/27/14 74:36:04:10 Time period for department's recommendation 6/28/10 7/28/14 79 FR 36419, 6/27/14

74:36:04:11 Department's recommendation on operating permit 4/4/99 5/7/03 68 FR 16726, 4/7/03

74:36:04:12 Public participation in permitting process 6/25/13 11/2/15 80 FR 59620, 10/2/15 74:36:04:12. 01 Public review of department's draft permit 6/28/10 7/28/14 79 FR 36419, 6/27/14 74:36:04:13 Final permit decision

- Notice to interested persons 6/25/13 11/2/15 80 FR 59620, 10/2/15

74:36:04:14 Right to petition for contested case hearing 6/25/13 11/2/15 80 FR 59620, 10/2/15 74:36:04:15 Contents of operating permit 6/25/13 11/2/15 80 FR 59620, 10/2/15 74:36:04:16 Operating permit expiration 6/28/10 7/28/14 79 FR 36419,6/27/14 74:36:04:17 Renewal of operating permit 6/28/10 7/28/14 79 FR 36419, 6/27/14 74:36:04:18 Operating permit revision 6/28/10 7/28/14 79 FR 36419, 6/27/14

### iv 74:36:04:19 Administrative permit amendment 4/4/99 5/7/03 68 FR 16726, 4/7/03 74:36:04:20 Procedures for administrative permit amendments 6/28/10 7/28/14 79 FR 36419, 6/27/14

74:36:04:20. 01 Minor permit amendment required 6/28/10 7/28/14 79 FR 36419, 6/27/14 74:36:04:20. 02 Requirements for minor permit amendment 1/5/95 12/18/98 63 FR 55804, 10/19/98

74:36:04:20. 03 Application for minor permit amendment 1/5/95 12/18/98 63 FR 55804, 10/19/98 74:36:04:20. 04 Department deadline to approve minor permit amendment 6/28/10 7/28/14 79 FR 36419, 6/27/14

74:36:04:21 Permit modifications 1/5/95 12/18/98 63 FR 55804, 10/19/98 74:36:04:22 Source status change

-- new permit required 4/4/99 5/7/03 68 FR 16726, 4/7/03 74:36:04:23 Reopening operating permit for cause 6/28/10 7/28/14 79 FR 36419, 6/27/14 74:36:04:24 Procedures to reopen operating permit 4/22/93 12/18/98 63 FR 55804, 10/19/98 74:36:04:27 Operating permit termination, revision, and revocation 6/28/10 7/28/14 79 FR 36419, 6/27/14

74:36:04:28 Notice of operating noncompliance

-- Contents 4/22/93 12/18/98 63 FR 55804, 10/19/98 74:36:04:29 Petition for contested case on alleged violation 4/22/93 12/18/98 63 FR 55804, 10/19/98 74:36:04:31 Circumvention of emissions not allowed 4/22/93 12/18/98 63 FR 55804, 10/19/98 74:36:04:32 General permits 6/28/10 7/28/14 79 FR 36419, 6/27/14 74:36:04:33 Secretary may require an individual permit 9/1/03 7/9/04 69 FR 25839, 5/10/04 74:36:06. Regulated Air Pollutant Emissions. 74:36:06:01 Applicability 1/5/95 12/18/98 63 FR 55804, 10/19/98

### v 74:36:06:02 Allowable emissions for fuel -burning units 4/4/99 5/7/03 68 FR 16726, 4/7/03 74:36:06:03 Allowable emissions for process industry units 4/4/99 5/7/03 68 FR 16726, 4/7/03 74:36:06:04 Particulate emission restrictions for incinerators and waste wood burners 1/2/05 10/13/06 71 FR 46403,8/14/06

74:36:06:05 Most stringent interpretation applicable 4/22/93 12/18/98 63 FR 55804, 10/19/98 74:36:06:06 Stack performance test 1/2/05 10/13/06 71 FR 46403, 8/14/06 74:36:06:07 Open burning practices prohibited 4/4/99 5/7/03 68 FR 16726, 4/7/03 74:36:07. New Source Performance Standards. 74:36:07:08 Ash disposal requirements 12/29/96 6/21/00 65 FR 32033, 5/22/00 74:36:07:29 Operating requirements for wire reclamation furnaces 4/22/93 11/6/95 60 FR 46222, 9/6/95 74:36:07:30 Monitoring requirements for wire reclamation furnaces 4/22/93 11/6/95 60 FR 46222, 9/6/95 74:36:09. Prevention of Significant Deterioration. 74:36:09:01 Applicability 9/18/06 1/22/08 72 FR 72617, 12/21/07 74:36:09:01. 01 Prevention of significant deterioration permit required 9/18/06 1/22/08 72 FR 72617, 12/21/07

74:36:09:02 Prevention of Significant Deterioration 6/25/13 3/2/15 80 FR 4799, 1/29/15 74:36:09:03 Public Participation 6/25/13 3/2/15 80 FR 4799, 1/29/15 74:36:10. New Source Review. 74:36:10:01 Applicability 4/22/93 12/18/98 63 FR 55804, 10/19/98 74:36:10:02 Definitions 6/25/13 7/28/14 79 FR 36419, 6/27/14 74:36:10:03. 01 New source review preconstruction permit required 6/25/13 7/28/14 79 FR 36419, 6/27/14

74:36:10:05 New source review preconstruction permit 6/25/13 7/28/14 79 FR 36419, 6/27/14

### vi 74:36:10:06 Causing or contributing to violation of any national ambient air quality standard 9/1/03 7/9/04 69 FR 25839, 5/10/04

74:36:10:07 Determining credit for emission offsets 6/25/13 7/28/14 79 FR 36419, 6/27/14 74:36:10:08 Projected actual emissions 6/25/13 7/28/14 79 FR 36419, 6/27/14 74:36:10:09 Clean unit test for emission units subject to lowest achievable emission rate 1/2/05 10/13/06 71 FR 46403, 8/14/06

74:36:10:10 Clean unit test for emission units comparable to lowest achievable emission rate 1/2/05 10/13/06 71 FR 46403, 8/14/06

74:36:11. Performance Testing. 74:36:11:01 Stack performance testing or other testing methods 6/25/13 11/2/15 80 FR 59620,10/2/15 74:36:11:02 Secretary may require performance tests 12/29/96 12/18/98 63 FR 55804, 10/19/98 74:36:11:03 Notice to department of performance test 12/29/96 12/18/98 63 FR 55804, 10/19/98 74:36:11:04 Testing new fuels or raw materials 4/4/99 4/3/00 65 FR 5264, 2/3/00 74:36:12. Control of Visible Emissions. 74:36:12:01 Restrictions on visible emissions 6/25/13 11/2/15 80 FR 59620, 10/2/15 74:36:12:02 Exceptions to restrictions 6/25/13 11/2/15 80 FR 59620, 10/2/15 74:36:12:03 Exceptions granted to alfalfa pelletizers or dehydrators 6/25/13 11/2/15 80 FR 59620, 10/2/15 74:36:13. Continuous Emission Monitoring Systems. 74:36:13:01 Secretary may require continuous emission monitoring systems (CEMS) 4/22/93 12/18/98 63 FR 55804, 10/19/98

74:36:13:02 Minimum performance specifications for all continuous emission monitoring systems 6/25/13 11/2/15 80 FR 59620, 10/2/15

### vii 74:36:13:03 Reporting requirements 6/25/13 11/2/15 80 FR 59620, 10/2/15 74:36:13:04 Notice to department of exceedance 6/25/13 11/2/15 80 FR 59620, 10/2/15 74:36:13:05 Compliance determined by data from continuous emission monitor 4/22/93 12/18/98 63 FR 55804, 10/19/98

74:36:13:06 Compliance certification 6/25/13 11/2/15 80 FR 59620, 10/2/15 74:36:13:07 Credible evidence 6/25/13 11/2/15 80 FR 59620, 10/2/15 74:36:13:08 Compliance assurance monitoring 6/25/13 11/2/15 80 FR 59620, 10/2/15 74:36:17. Rapid City Street Sanding and Deicing. 74:36:17:01 Applicability 2/11/96 8/9/02 67 FR 39619, 6/10/02 74:36:17:02 Reasonable available control technology 2/11/96 8/9/02 67 FR 39619, 6/10/02 74:36:17:03 Street sanding specifications 2/11/96 8/9/02 67 FR 39619, 6/10/02 74:36:17:04 Street deicing and maintenance plan 2/11/96 8/9/02 67 FR 39619, 6/10/02 74:36:17:05 Street sanding and sweeping recordkeeping 2/11/96 8/9/02 67 FR 39619, 6/10/02 74:36:17:06 Inspection authority 2/11/96 8/9/02 67 FR 39619, 6/10/02 74:36:18. Regulations for State Facilities in the Rapid City Area. 74:36:18:01 Definitions 7/1/02 3/22/04 69 FR 2671,1/20/04 74:36:18:02 Applicability 7/1/02 3/22/04 69 FR 2671, 1/20/04 74:36:18:03 Permit required 7/1/02 3/22/04 69 FR 2671, 1/20/04 74:36:18:04 Time period for permits and renewals 6/25/13 11/2/15 80 FR 59620, 10/2/15 74:36:18:05 Required contents of a complete application for a permit 6/25/13 11/2/15 80 FR 59620, 10/2/15

74:36:18:06 Contents of permit 6/25/13 11/2/15 80 FR 59620, 10/2/15

### viii 74:36:18:07 Permit expiration 7/1/02 3/22/04 69 FR 2671, 1/20/04 74:36:18:08 Renewal of permit 7/1/02 3/22/04 69 FR 2671, 1/20/04 74:36:18:09 Reasonably available control technology required 7/1/02 3/22/04 69 FR 2671, 1/20/04

74:36:18:10 Visible emission limit for construction and continuous operation activities 6/25/13 11/2/15 80 FR 59620, 10/2/15

74:36:18:11 Exception to visible emission limit 6/25/13 11/2/15 80 FR 59620, 10/2/15 74:36:18:12 Notice of operating noncompliance

-- Contents 6/25/13 11/2/15 80 FR 59620, 10/2/15 74:36:20. Construction Permits for New Sources or Modifications. 74:36.20.01 Applicability 6/28/10 7/28/14 79 FR 36419, 6/27/14 74:36:20:02 Construction permit required 4/20/11 7/28/14 79 FR 36419, 6/27/14 74:36:20:03 Construction permit exemption 6/28/10 7/28/14 79 FR 36419, 6/27/14 74:36:20:04 Emission unit exemptions 6/28/10 7/28/14 79 FR 36419, 6/27/14 74:36:20:05 Standard for issuance of construction permit 6/25/13 11/2/15 80 FR 59620, 10/2/15 74:36:20:06 Timely and complete application for a construction permit required 6/28/10 7/28/14 79 FR 36419, 6/27/14

74:36:20:07 Required contents of complete application for a construction permit 6/28/10 7/28/14 79 FR 36419, 6/27/14

74:36:20:08 Applicant required to supplement or correct application 6/28/10 7/28/14 79 FR 36419, 6/27/14

74:36:20:09 Permit application

- Completeness review 6/28/10 7/28/14 79 FR 36419, 6/27/14 74:36:20:10 Time period for department's recommendation 6/28/10 7/28/14 79 FR 36419, 6/27/14

### ix 74:36:20:11 Public participation in permitting process 6/25/13 11/2/15 80 FR 59620, 10/2/15 74:36:20:12 Public review of department's draft permit 6/28/10 7/28/14 79 FR 36419,6/27/14 74:36:20:13 Final permit decision

-- Notice to interested persons 6/25/13 11/2/15 80 FR 59620, 10/2/15

74:36:20:14 Right to petition for contested case hearing 6/25/13 11/2/15 80 FR 59620, 10/2/15 74:36:20:15 Contents of construction permit 6/25/13 11/2/15 80 FR 59620, 10/2/15 74:36:20:16 Administrative permit amendment 6/28/10 7/28/14 79 FR 36419, 6/27/14 74:36:20:17 Procedures for administrative permit amendments 6/28/10 7/28/14 79 FR 36149, 6/27/14

74:36:20:18 Reopening construction permit for cause 6/28/10 7/28/14 79 FR 36419, 6/27/14 74:36:20:19 Procedures to reopen construction permit 6/28/10 7/28/14 79 FR 36149, 6/27/14 74:36:20:20 Construction permit does not exempt from other requirements 6/28/10 7/28/14 79 FR 36419, 6/27/14

74:36:20:21 Expiration of a construction permit 6/28/10 7/28/14 79 FR 36419, 6/27/14 74:36:20:22 Notice of constructing or operating noncompliance - Contents 6/28/10 7/28/14 79 FR 36419, 6/27/14

74:36:20:23 Petition for contested case on alleged violation 6/28/10 7/28/14 79 FR 36419, 6/27/14 74:36:20:24 Circumvention of emissions not allowed 6/28/10 7/28/14 79 FR 36419, 6/27/14 74:36:21. Regional Haze Program. 74:36:21:01 Applicability 12/7/10 5/29/12 77 FR 24845, 4/26/12 74:36:21:02 Definitions 6/25/13 11/2/15 80 FR 59620, 10/2/15 74:36:21:03 Existing stationary facility defined 12/7/10 5/29/12 77 FR 24845, 4/26/12

### x 74:36:21:04 Visibility impact analysis 6/25/13 11/2/15 80 FR 59620, 10/2/15 74:36:21:05 BART determination 6/25/13 11/2/15 80 FR 59620, 10/2/15 74:36:21:06 BART determination for a BART

- eligible coal

- fired power plant 9/19/11 5/29/12 77 FR 24845, 4/26/12

74:36:21:07 Installation of controls based on visibility impact analysis or BART determination. 12/7/10 5/29/12 77 FR 24845, 4/26/12

74:36:21:08 Operation and maintenance of controls 12/7/10 5/29/12 77 FR 24845, 4/26/12 74:36:21:09 Monitoring, recordkeeping, and reporting 6/25/13 11/2/15 80 FR 59620, 10/2/15 74:36:21:10 Permit to construct 12/7/10 5/29/12 77 FR 24845,4/26/12 74:36:21:11 Permit required for BART determination 12/7/10 5/29/12 77 FR 24845, 4/26/12 74:36:21:12 Federal land manager notification and review 12/7/10 5/29/12 77 FR 24845, 4/26/12 Pennington Ordinance #12

- Fugitive Dust Regulation

- 1.0 Control of Fugitive Dust. 1.1 Applicability 12/12/78 7/13/79 44 FR 44494, 7/30/79 1.2 Definitions 12/12/78 7/13/79 44 FR 44494, 7/30/79 1.3 Standard of compliance 12/12/78 7/13/79 44 FR 44494, 7/30/79 1.4 Reasonably available control technology required 12/12/78 7/13/79 44 FR 44494, 7/30/79

1.5 Fugitive dust control permits required for construction activities, i.e., temporary operations 12/12/78 7/13/79 44 FR 44494, 7/30/79

1.6 Compliance plans and schedules required, i.e., continuous operations 12/12/78 7/13/79 44 FR 44494, 7/30/79

1.7 Enforcement procedures 12/12/78 7/13/79 44 FR 44494, 7/30/79

### xi 1.8 Establishment of administrative mechanisms 12/12/78 7/13/79 44 FR 44494, 7/30/79 1.9 Separability 12/12/78 7/13/79 44 FR 44494, 7/30/79

(d) EPA

- approved source specific requirements (AQ 79

- 02 ) South Dakota State University steam genera ting plant 3/18/82 8/7/83 48 FR 31199, 7/7/83State South Dakota State Agency Department of Environment and Natural Resources Affected Area Statewide Regulation 74:09:01. Procedures - Board of Minerals and Environment, Contested Case Procedure. Rule Number 74:09:01:20. Rule Title Board member conflict of interest. State Effective Date 05/29/2014 State Adoption Date

EPA Effective Date 03/02/2015 Notice of Final Rule Date 01/29/2015 Notice of Final Rule Citation 80 FR 4799 Comments

Rule: 74:09:01:20. Board member conflict of interest. A board member who is personally related to a party involved in a contested case hearing by two d egrees of consanguinity, who has a direct financial interest in a party involved in a contested case hea ring through employment or by contract, or whose spouse is employed by or directly contracts with a party involved in a contested case hearing, may not participate in a contested case pr oceeding concerning that party. The member shall make an oral statement of recusal on the record at the initiation of the hearing in the contested case. A recused member may not participate in board discussions or decision-making regarding that contested case proceeding. Source : 40 SDR 198, effective May 29, 2014. General Authority : SDCL 34A-1-6, 34A-6-1.6, 34A-6-1.14, 34A-11-9, 45-9-13. Law Implemented : SDCL 1-2-27, 34A010121, 34A—43 , 34A-1-44, 341-1-45, 34A-1-46.State South Dakota State Agency Department of Environment and Natural Resources Affected Area Statewide Regulation 74:09:01. Procedures - Board of Minerals and Environment, Contested Case Procedure. Rule Number 74:09:01:21. Rule Title Board member potential conflict of interests. State Effective Date 05/29/2014 State Adoption Date

EPA Effective Date 03/02/2015 Notice of Final Rule Date 01/29/2015 Notice of Final Rule Citation 80 FR 4799 Comments

Rule: 7:09:01:21. Board member potential conflict of interests. A potential conflict of interest is an indirect financial interest, or a personal relationsh ip or another interest in a party involved in a contested case hearing or enforcement hearing that is different from that of the general public, that a reasonable person would believe might result in bi as or prejudgment of a contested case hearing. Board members shall disclose any pote ntial conflict of interest in a contested case proceeding on the record at the initiation of the hearing, or during t he hearing if they become aw are of the existence of a potential conflict of interest. Upon its own motion or the motion of a party, the board may recuse a member with a potential conflict of interest if it deter mines that the potential conflict of interest raises an unacceptable risk of bias or prejudgm ent in the contested case proceeding. Source : 40 SDR 198, effective May 29, 2014. General Authority : SDCL 34A-1-6, 34A-6-1.6, 34A-6-1.14, 34A-11-9, 45-9-13. Law Implemented : SDCL 1-26-27, 34A-1-21, 34A-1-43, 34A-1-44, 34A-1-45, 34A-1-46.State South Dakota State Agency Department of Environment and Natural Resources Affected Area Statewide Regulation 74:36:01. Definitions. Rule Number 74:36:01:01. Rule Title Definitions. State Effective Date 06/25/2013 State Adoption Date

EPA Effective Date 11/02/2015 Notice of Final Rule Date 10/02/2015 Notice of Final Rule Citation 80 FR 59620 Comments

Rule: 74:36:01:01. Definitions. Unless otherwise specified, the terms used in this article mean: (1) "Act," chapter 34A-1 of th e South Dakota Codified Laws; (2) "Acid rain permit," a legally binding written docume nt or portion of a document that is issued by the department and specifies the acid rain program requ irements applicable to an affected source and to the owners and operators and the designated representative of th e affected source; (3) "Acid rain program," the national sulfur diox ide and nitrogen oxides air pollution control and emissions reduction program established in acco rdance with Title IV of the Clean Air Act; (4) "Administrator," the administrator of the Environm ental Protection Agency or the secretary or their authorized representatives; (5) "Affected source," a source that includes one or more affected units under Title IV of the Clean Air Act; (6) "Affected unit," a unit that is subject to any of the emission reduction requirements or emission limits pursuant to Title IV of the Clean Air Act or chapter 74:36:16; (7) "Air pollutant," one or a combination of the regulated air pollutants listed in § 74:36:01:15; (8) "Allowable emissions," the emission rate calculated using the maximum rated capacity of a source unless the source is subject to federally enforcea ble limits which restrict operating rate, hours of operation, or both, and the most stringent of the following: (a) The applicable new source perfor mance standards in chapter 74:36:07; (b) The applicable national emission standards in chapter 74:36:08; (c) Any applicable emission limitatio ns specified in this ar ticle, including those wi th a future compliance date;(d) The emission rate specified as a permit condition; or (e) The applicable standards in 40 C.F.R. Part 60, 61, or 63 (July 1, 2012); (9) "Ambient air," that portion of the atmosphere external to buildings to which the general public has access; (10) "ASTM," the American Society for Testing and Materials; (11) "Board," the Board of Minerals and Environment; (12) "Btu," Brit ish thermal unit; (13) "CO," carbon monoxide; (14) "Chairman," chairman of the board; (15) "Clean Air Act," the Clean Air Act, 42 U.S.C. 7401 et seq., as amended through January 1, 2010; (16) "Clean Air Act Amendments," the amendments to the Clean Air Act enacted in Pub. L. No. 101- 549, November 15, 1990; (17) "Control equipment," a device which prevents or reduces emissions; (18) "Criteria pollutant," selected and specified pollutants for which limiting ambient air quality standards have been set, including sulfur dioxid es, particulate matter, carbon monoxide, ozone, nitrogen oxides, and lead; (19) "Department," the South Dakota Department of Environment and Natural Resources; (20) "Designated representative," the responsible pers on or official authorized by the owner or operator of an affected unit, in accordance with the Clean Ai r Act, to represent the owner or operator in matters pertaining to the holding, transfer, or disposition of allowances alloca ted to the unit and the submission of and compliance with permits, permit applications, and compliance plans for the unit; (21) "Draft permit," the version of a permit for which the department offers public participation or affected state review; (22) "Emissions allowable under the permit," a federally enforceable permit term or condition determined at issuance to be required by an applicab le requirement that establishes an emissions limit, including work practice standards, or a federally enforceable emissions c ap that the source has assumed to avoid an applicable requirement to which the source would otherwise be subject; (23) "Emission standard," the maximum amount of a pollutant legally permitted to be discharged from a single unit; (24) "Emission unit," "Unit," any part or activity of a stationary sour ce which emits or has the potential to emit a regulated air pollutant or any pollutant listed under section 112(b) of the Clean Air Act; (25) "EPA," the Environmental Protection Agency; (26) "Equivalent method," any method of sampling and analysis for an air pollutant which has a consistent and quantitatively known relationship to the reference method under specified conditions; (27) "Existing source," a source that has an approved state-issued permit;(28) "Facility," a building, structure, or installation of pollutant-emi tting activities which belong to the same industrial grouping, located on one or more contiguous or adjacent properties and under the control of the same person or of persons under common control, except the activities of a water-borne vessel. Pollutant-emitting activities are part of the sa me industrial grouping if they belong to the same major group, i.e., have the same two-digit code, as described in the Standard Industrial Classification Manual, 1987; (29) "Federally enforceable," all limits and conditions that are enfo rceable by the administrator of EPA pursuant to federal law. These limit s and conditions include those requirements developed pursuant to this article, those appearing in 40 C.F.R. §§ 60 and 61 (July 1, 2012), requirements within the state implementation plan, and permit requirements establis hed pursuant to this article or 40 C.F.R. § 51 Subpart I (July 1, 2012). The use of this term does not impede the department's authority under state law to enforce these limits and conditions; (30) "Final permit" the version of an operating perm it issued by the permitting authority for a source that has completed all required review procedures; (31) "Fuel-burning unit," a furnace, boiler, apparatu s, stack, or any of their components used in the process of burning fuel or other combustible mate rial for the primary purposes of producing heat or power by indirect heat transfer; (32) "Fugitive emissions," those air pollutants which could not reasonably pass through a stack, chimney, vent, or other func tionally equivalent opening; (33) "General permit," a permit issued by the board in accordance with SDCL 34A-1-56 that may be made applicable to numerous similar sources; (34) "Heat input," the aggregate heat content of all fuels whose products of combustion pass through a stack or stacks, using the heat input value of the equipment manufacturer's or designer's guaranteed maximum input, whichever is greater; (35) "Incinerator," a furnace used to burn solid wast e to reduce the volume of the waste by removing its combustible material; (36) "Malfunction," any sudden and unavoidable failu re of air pollution control equipment or process equipment or of a process to operate in a normal or usual manner, but not a failure caused entirely or in part by poor maintenance, careless operation , preventable equipment breakdown, or any other cause within the control of the ow ner or operator of the source; (37) "Minor source," a source whos e potential emissions of a criteria pollutant are less than 100 tons a year and which does not meet the definition of a Part 70 source; (38) "New source," a source that has not bee n constructed and does not possess a permit; (39) "Nonattainment area," an area that does not meet or that contributes to ambient air quality in a nearby area that does not meet the national primary or secondary am bient air quality standard for the pollutant; (40) "NSR," new source review; (41) "Opacity," the degree to which emissions reduce the transmission of light and obscure the view of an object in the background; (42) "Open burning," the burning of any matter in such a manner that the products of combustion resulting from the burning are emi tted directly into the ambient air without passage through a stack,duct, or chimney; (43) "Operating permit," a written authorization issued by the board or the secretary for the operation of a source; (44) "Owner or operator," any pe rson who owns, leases, operates, co ntrols, or supervises a source; (45) Repealed; (46) "Part 70 operating permit," any permit or group of permits covering a Part 70 source that is issued, renewed, amended, or revised; (47) "Part 70 source," any source subject to § 74:36:05:03; (48) "Particulate matter," a broad class of chemica lly and physically diverse substances that exist as discrete particles, liquid droplets, or solids over a wide range of sizes; (49) "Permit modification," a change to a source which operates under a minor source operating permit or Part 70 operating permit that meets the requirements of § 74:36:01:10; (50) "Permit revision," a revision to a minor source operating permit or Part 70 operating permit to incorporate a permit modification, administrative permit amendment, or minor permit amendment; (51) "Person," an individual, corporation, partnership, firm, association, trust, estate, public or private institution, group, agency, political subdivision or st ate agency or any legal successor, representative, agent, or agency of the foregoing; (52) "PM10," particulate matter with an aerodynamic diameter less than or equal to a nominal ten micrometers as measured by an applicab le reference or equivalent method; (53) "Proposed Part 70 operating permit," a permit that the department has forwarded to EPA for review after the closure of the public notice pe riod and after considering any public comments, including those from affected states; (54) "PSD," prevention of significant deterioration; (55) Repealed; (56) "Salvage operation," an operat ion conducted in whole or in part for the reclaiming of product or material; (57) "Secretary," the secretary of the South Dakota Department of Environment and Natural Resources or an authorized representative; (58) "Shutdown," the cessation of operation of an y control equipment, process equipment, or process for any purposes; (59) "Smoke," small gas-borne particles result ing from incomplete combustion, consisting predominantly, but not exclusively, of carbon, ash, and other combustible material, that form a visible plume in the air; (60) "Source," a facility that emits or may emit any air pollutant regulate d under the Clean Air Act; (61) "Start-up," the setting into operation of any control equipment, process equipment, or process for any purpose; (62) "Title I," Title I of the Clean Air Act Amendme nts, provisions for attainment and maintenance of national ambient air quality standards;(63) "Title IV," Title IV of the Clean Air Act Amendments, acid deposition control; (64) "Title V," Title V of the Clean Air Act Amendments, permits; (65) "Title VI," Title VI of the Clean Air Act Amendments, stratospheric ozone protection; (66) Repealed; (67) "VOC," "volatile organic compounds," as defined in 40 C.F.R. § 51.100(s) (July 1, 2012); (68) "Wire reclamation furnace," a fu rnace that uses either direct or indirect heat transfer to salvage nonferrous metals through the thermal destruction of solid waste materials; (69) "PM2.5," particulate matter with an aerodyna mic diameter less than or equal to a nominal 2.5 micrometers as measured by an applicab le reference or equivalent method; (70) "SO2," sulfur dioxide; (71) "NO2," nitrogen dioxide; (72) "Construction permit," a written authorizati on issued by the board or the secretary for the construction and operation of a new source or modification to an existing source; and (73) "Subject to regulation," as defined in 40 CFR § 70.2 (July 1, 2012), as revised in publication 75 Fed. Reg. 31607 (June 3, 2010), in accordance with EPA requirements. Source: SL 1975, ch 16, § 1; 2 SDR 40, effective Decemb er 7, 1975; transferred from § 34:10:01:01, 7 SDR 4, effective July 27, 1980; transferred from § 44:10:01:01, effective July 1, 1981; 8 SDR 71, effective December 21, 1981; 10 SDR 68, effectiv e January 5, 1984; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 14 SDR 72, effective Novem ber 24, 1987; 16 SDR 88, effective November 14, 1989; 17 SDR 170, effective May 13, 1991; transferr ed from § 74:26:01:01, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 36 SD R 207, effective June 28, 2010; 37 SDR 182, effective April 20, 2011; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6. Reference: Standard Industrial Classification Manual, 1987 , Executive Office of the President, Office of Management and Budget. Copies may be obtained from National Technical Information Service, 5285 Port Royal Road, Springfield, Virginia 22161, order no. PB 87-100012. Cost: $31.State South Dakota State Agency Department of Environment and Natural Resources Affected Area Statewide Regulation 74:36:01. Definitions. Rule Number 74:36:01:03. Rule Title Administrative permit amendment defined. State Effective Date 04/04/1999 State Adoption Date

EPA Effective Date 05/07/2003 Notice of Final Rule Date 04/07/2003 Notice of Final Rule Citation 68 FR 16726 Comments

Rule: 74:36:01:03. Administrative permit amendment defined. An administrative permit amendment is an amendment to an existing permit and is issued by the secretary. The secretary may issue an administrative permit amendment if it accomplishes one of the following: (1) Corrects typographical errors; (2) Changes the name, address, or phone number of any person identified in the permit or provides a similar minor administrati ve change at the source; (3) Requires more frequent monitoring or reporting by the permittee; (4) Allows for a change in ownership or operationa l control of a source if the department determines that no other change in the permit is necessary a nd a written agreement containing a specific date for transfer of permit respons ibility, coverage, and lia bility between th e current and new permittee has been submitted to the department. If the change in ownership or operational control changes the designated representativ e for an acid rain permit, the change is considered a permit modification and the procedures outlined in § 74:36:05:39 apply; or (5) Any other change that the Administrator of the EPA and the secretary determ ines to be similar to the requirements in subdivisions (1) to (4), inclusive, of this section. Source: 19 SDR 157, effective April 22, 1993; 21 SD R 119, effective January 5, 1995; 25 SDR 123, effective April 4, 1999. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6.State South Dakota State Agency Department of Environment and Natural Resources Affected Area Statewide Regulation 74:36:01. Definitions. Rule Number 74:36:01:04. Rule Title Affected states defined. State Effective Date 04/22/1993 State Adoption Date

EPA Effective Date 12/18/1998 Notice of Final Rule Date 10/19/1998 Notice of Final Rule Citation 63 FR 55804 Comments

Rule: 74:36:01:04. Affected states defined. Affected states are all states whose air quality may be affected by and that are contiguous to th e state in which an operating perm it, permit modification, or permit renewal for a Part 70 source is being proposed or that are within 50 miles of the permitted source. Source: 19 SDR 157, effective April 22, 1993. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6.State South Dakota State Agency Department of Environment and Natural Resources Affected Area Statewide Regulation 74:36:01. Definitions. Rule Number 74:36:01:05. Rule Title Applicable requirements of Clean Air Act defined. State Effective Date 06/28/2010 State Adoption Date

EPA Effective Date 07/28/2014 Notice of Final Rule Date 06/27/2014 Notice of Final Rule Citation 79 FR 36419 Comments

Rule: 74:36:01:05. Applicable requ ir e m ents of t he Clean Air Act d efi n ed. Applicable requirements of the Clean Air Act include all of the following as they apply to emissions units in a Part 70 source , unless the context of the Clean Ai r Act requires otherwise: (I) Any standard or other requiremen t provided for in the applicable implementation plan approved or promulgated b y EPA through rulemaking under Title I of the Clean Air Act that impl ements the relevant requirements of the Clean Air Act , including any revisions to that plan promulgated in Part 52 of 40 C

. F.R. (July 1 , 2009) ; (2) Any term or condition of any preconstruction permits issued pursuant to regulations approved through rulemaking under Title I , including Parts C or D , of the Clean Air Act; (3) Any standard or other requirement under§ 111 of the Clean Air Act, including§ 11 l(d); (4) Any standard or other requirement under § 112 of the Clean Air Act , including any requirement concerning accident prevention under§ 112(r)(7) of the Clean Air Act ; (5) Any standard or other requirement of the acid rain program under Title IV of the Clean Air Act or the regulations promulgated under it; (6) Any monitoring, reporting , and certification requirements estab lished pursuant to § 504(b) or 114(a) (3) of the Clean Air Act; (7) Any standard or other requirement governing solid waste incineration , under § 129 of the Clean Air Act; (8) Any standard or other requirement for consumer and commercial products, under § 183 ( e) of the Clean Air Act; (9) Any standard or other require ment for tank vessels, under § 183(f) of the Clean Air Act; (10) Any standard or other requirem ent of the program to control air pollution from outer continental shelf sources, under§ 328 of the Clean Air Act; (11) Any standard or other requirement of the regul ations promulgated to protect stratospheric ozone under Title VI of the Clean Air Act, unless the adm inist rator of the EPA has determined that such requirements need not be contained in a Part 70 operating permit; and (12) Any national ambient air qua lity standard or increment or visib ility requirement under Part C of Title I of the Clean Air Act, but only as it woul d apply to temporary sources permitted pursuant to § 504 ( e) of the Clean Air Act. Source : 19 SDR 157, effective April 22, 1993; 21 SDR 119 , effective January 5, 1995; 25 SDR 123,effective April 4 , 1999; 31SDR101 , effective January 2, 2005; 32 SDR 209 , effective June 13 , 2006; 36 SDR 207, effective June 28, 2010. General Authority : SDCL 34A-1-6. Law Implemen t ed : SDCL 34A-l-6

.State South Dakota State Agency Department of Environment and Natural Resources Affected Area Statewide Regulation 74:36:01. Definitions. Rule Number 74:36:01:06. Rule Title Complete application defined. State Effective Date 04/22/1993 State Adoption Date

EPA Effective Date 12/18/1998 Notice of Final Rule Date 10/19/1998 Notice of Final Rule Citation 63 FR 55804 Comments

Rule: 74:36:01:06. Complete application defined. A complete application is one that the department has determined to contain all the information needed to begin to process the application. A determination that an application is complete continues in effect if the source submits by the date or dates specified by the department any additional information reasonably determined by the department to be necessary for developing and issuing the permit and requested in writing. Source: 19 SDR 157, effective April 22, 1993. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6.State South Dakota State Agency Department of Environment and Natural Resources Affected Area Statewide Regulation 74:36:01. Definitions. Rule Number 74:36:01:08. Rule Title Major source defined. State Effective Date 04/04/1999 State Adoption Date

EPA Effective Date 05/19/2014 Notice of Final Rule Date 04/18/2014 Notice of Final Rule Citation 79 FR 21852 Comments

Rule: 74:36:01:08. Major source defined. A major source is any source or any group of sources that is located on one or more contiguous or adjacent properties, that is under cont rol of the same person or of persons under common control, that belongs to a si ngle major industrial grouping, and that is any of the following: (1) A major source under § 112 of the Clean Air Act defined as a source or group of sources located within a contiguous area and under common control that emits or has the potential to emit, considering controls , in the aggregate, 10 tons per year (tpy) or mo re of any hazardous air pollutant which has been listed pursuant to § 112(b) of the Clean Air Act, 25 tpy or more of any combination of such hazardous air pollutants, or a less er quantity established by rule by the administrator of the EPA. Emissions from any oil exploration or production we ll and its associated equipment and emissions from any pipeline compressor or pump station may not be aggregated with emissions from other similar units, whether or not such units are in a contiguous area or under common control, to determine whether such units or statio ns are major sources; or (2) A major source of air pollutants, as defined in § 302 of the Clean Air Act, that directly emits or has the potential to emit 100 tpy or more of any air pollutant subject to regulation as required by EPA, including any major source of fugitive emissions of any such pollutant, as determined by rule by the administrator of the EPA; or (3) A major source as defined in Part D of Title I of the Clean Air Act, including: (a) For ozone nonattainment areas, sources with the po tential to emit 100 tons or more per year of volatile organic compounds or oxides of nitrogen in areas classified as "marginal" or "moderate, "50 tons or more per year in areas classified as "serious ," 25 tons or more per y ear in areas classified as "severe," and 10 tons or more per year in areas classified as "extreme." The references in this subdivision to 100, 50, 25, and 10 tons per year of ni trogen oxides do not apply to any source for which the administrator of the EPA has made a finding, under § 182(£)(1) or (2) of the Clean Air Act, that the requirements of§ 182(f) of the Clean Air Act do not apply; (b) For ozone transport regions established pursuant to § 184 of the Clean Air Act, sources with the potential to emit 50 tons or more per year of volatile organic compounds;(c) For carbon monoxide nonattainm ent areas that are classified as serious" and in which sources contribute significantly to carbon monoxide levels as determined under rules issued by the administrator of the EPA, sources with the potentia l to emit 50 tons or more per year of carbon monoxide; and (d) For particulate matter (PMlO) nonattainment areas classified as "serious," sources with the potential to emit 70 tons or more per year of PM 10.

A source or group of sources is considered as part of a single industrial grouping if all of the pollutantemitting activities of the source or group of sources belong to the same major group (i.e., which have the same two-digit code) as described in the Standard Industrial Classification Manual, 1987. Source : List of stationary sources transferred from § 74:26:01 :03, 17 SDR 170, effect ive May 13, 1991; transferred from§§ 7 4 :26:0 1 :06.05 and 74 : 26:0 1 :06.07 , 1 9 SDR 15 7, effective April 22 , 1993; 21 SDR 119 , effective January 5, 1995; 25 SOR 123 , effective April 4, 1999. General Authority : S DCL 34A-1-6. Law Implemented: SDCL 34A

- 1

- 6

. Cross~Reference: CJassification defined, Title I of the C l ean Air Act. Reference : Standard Industria l C l assification Manual , 1987 , Executive Office of the P resident , Office of Management and Budget. Copies may be obtained from National Technical Information Service, 5285 Port Royal Road, Springfield , Virginia 22 1 61 , order no. PB 87-1 0 00 1 2

. Co s t: 31.State South Dakota State Agency Department of Environment and Natural Resources Affected Area Statewide Regulation 74:36:01. Definitions. Rule Number 74:36:01:09. Rule Title Categories of sources defined. State Effective Date 01/02/2005 State Adoption Date

EPA Effective Date 10/13/2006 Notice of Final Rule Date 08/14/2006 Notice of Final Rule Citation 71 FR 46403 Comments

Rule: 74:36:01:09. Categories of sources defined. The fugitive emissions of a source shall not be included in determining whether it is a major source for any of the purposes of § 74:36:01:08 unless the source belongs to one of the following categories of sources: (1) Coal cleaning plants with thermal dryers; (2) Kraft pulp mills; (3) Portland cement plants; (4) Primary zinc smelters; (5) Iron and steel mills; (6) Primary aluminum ore reduction plants; (7) Primary copper smelters; (8) Municipal incinerators capa ble of charging more than 250 tons of refuse per day; (9) Hydrofluoric, sulfuric , or nitric acid plants; (10) Petroleum refineries; (11) Lime plants; (12) Phosphate rock processing plants; (13) Coke oven batteries; (14) Sulfur recovery plants; (15) Carbon black plants (furnace process); (16) Primary lead smelters; (17) Fuel conversion plants; (18) Sintering plants; (19) Secondary metal production plants; (20) Chemical process plants; (21) Fossil fuel-fired boilers tota ling more than 250 million British th ermal units per hour heat input; (22) Petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels; (23) Taconite ore processing plants; (24) Glass fiber processing plants; (25) Charcoal production plants; (26) Fossil fuel-fired steam electric plants of more than 250 million British thermal uni ts per hour heat input; and (27) Any other source category, which as of August 7, 1980, is regulated under § 111 or 112 of theClean Air Act but only for those air pollutant s that have been regulated for that category. Source: Transferred from § 74:26:01:03, 17 SDR 170, effective May 13, 1991; transferred from § 74:26:01:06.07, 19 SDR 157, effective April 22, 1993; 31 SDR 101, effect ive January 2, 2005. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6.State South Dakota State Agency Department of Environment and Natural Resources Affected Area Statewide Regulation 74:36:01. Definitions. Rule Number 74:36:01:10. Rule Title Modification defined. State Effective Date 06/28/2010 State Adoption Date

EPA Effective Date 07/28/2014 Notice of Final Rule Date 06/27/2014 Notice of Final Rule Citation 79 FR 36419 Comments

Rule: 74:36:01:10. Modification defined. Modification is a physical change in or change in the method of operation of a source that results in at least one of the following: (1) An increase in the amount of an air pollutant emitted by that source or in the emission of an air pollutant not previously emitted; (2) A significant change to existing monitoring, reportin g, or record keeping requirements in the permit; (3) The change requires or changes a case-by-case determ ination of an emission limit or other standard, a sourcespecific determination for temporary so urces of ambient impacts, or a visi bility or increm ent analysis; or (4) The change seeks to establish or change a permit term or conditio n for which there is a corresponding underlying applicable requirement that the source has assumed to avoid an applicable requirement, a federally enforceable emissions cap assumed to av oid classification as a mo dification under any provis ion of Title I, or an alternative emissions limit approved pu rsuant to regulations promulgated unde r § 112(i)(5) of the Clean Air Act.

Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transf erred from § 34: 10:01:01(18), 7 SDR 4, effective July 27, 1980; transferred from § 44 :10:01:02, effective Ju ly 1, 1981; 8 SDR 71, effective December 21, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 17 SDR 170, effective May 13, 1991; transferred from § 74:26:01:02, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April 4, 1999; 31 SDR 101, effective January 2, 2005; 36 SDR 207, effective June 28, 2010. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6.State South Dakota State Agency Department of Environment and Natural Resources Affected Area Statewide Regulation 74:36:01. Definitions. Rule Number 74:36:01:11. Rule Title National ambient air quality standard (NAAQS). State Effective Date 04/22/1993 State Adoption Date

EPA Effective Date 12/18/1998 Notice of Final Rule Date 10/19/1998 Notice of Final Rule Citation 63 FR 55804 Comments

Rule: 74:36:01:11. National ambient air quality standard (NAAQS). The national primary ambient air quality standards define levels of air quality that are ne cessary, with a margin of safety, to protect the public health. The national secondary ambient air qualit y standards define levels of air quality that are necessary to protect the public welfare from any kn own or anticipated adverse effects of a pollutant. These standards are located in chapter 74:36:02. Source: SL 1975, ch 16, § 1; 2 SDR 40, effective Dece mber 7, 1975; transferred from § 34:10:01:01, 7 SDR 4, effective July 27, 1980; transferred from § 44:10:01:01, effective July 1, 1981; 8 SDR 71, effective December 21, 1981; 10 SDR 68, effectiv e January 5, 1984; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 14 SDR 72, effective Novem ber 24, 1987; 16 SDR 88, effective November 14, 1989; 17 SDR 170, effective May 13, 1991; transferr ed from § 74:26:01:01, 19 SDR 157, effective April 22, 1993. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6.State South Dakota State Agency Department of Environment and Natural Resources Affected Area Statewide Regulation 74:36:01. Definitions. Rule Number 74:36:01:12. Rule Title Potential to emit defined. State Effective Date 04/22/1993 State Adoption Date

EPA Effective Date 12/18/1998 Notice of Final Rule Date 10/19/1998 Notice of Final Rule Citation 63 FR 55804 Comments

Rule: 74:36:01:12. Potential to emit defined. The potential to emit for sources shall be based on the maximum rated capacity of a source to emit a pollu tant under its physical or operational design. Any physical or operational limitation on the capacity of a source to emit a pollutant, including air pollution control equipment and restrictions on hours of operation or on the type or amount of material combusted, stored, or processed, sh all be treated as part of its desi gn if the limitat ion is federally enforceable. Secondary emissions are not included when determining the potential to emit. Source: 7 SDR 4, effective July 27, 1980; transferred from § 44:10:01:03, effective July 1, 1981; 10 SDR 68, effective January 5, 1984; 13 SDR 129, 13 S DR 141, effective July 1, 1987; list of stationary sources transferred to § 74:26:01:06.07, 17 SDR 170, effective May 13, 1991; transferred from § 74:26:01:03, 19 SDR 157, effective April 22, 1993. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6.State South Dakota State Agency Department of Environment and Natural Resources Affected Area Statewide Regulation 74:36:01. Definitions. Rule Number 74:36:01:13. Rule Title Process weight rate defined. State Effective Date 04/22/1993 State Adoption Date

EPA Effective Date 12/18/1998 Notice of Final Rule Date 10/19/1998 Notice of Final Rule Citation 63 FR 55804 Comments

Rule: 74:36:01:13. Process weight rate defined. Process weight per hour is the total weight of all raw materials and other materials introduced into any sp ecific process that may cause an emission of a regulated pollutant. Solid fuels charged are consider ed as part of the process weight, but liquid and gaseous fuels and combustion air are not. The process weight rate for continuous or long-run st eady-state operations is the total process weight for the entire period of continuous operation or for a typical portion divided by the number of hours of the period or portion. The process weight rate for cyclical or batch operati on is the total process weight for a period that covers a complete operation or an integral number of cycles divided by the hours of actual process operation during such a period. If the nature of a process or operation or the design of equipment permits more than one interpretation of data, the interpretation that results in the minimum value for allowable emissions applies. Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from § 34:10:01:01 (29), 7 SDR 4, effective July 27, 1980; transferred fr om § 44:10:01:04, effectiv e July 1, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; transferr ed from § 74:26:01:04, 19 SDR 157, effective April 22, 1993. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6.State South Dakota State Agency Department of Environment and Natural Resources Affected Area Statewide Regulation 74:36:01. Definitions. Rule Number 74:36:01:15. Rule Title Regulated air pollutant defined. State Effective Date 01/05/1995 State Adoption Date

EPA Effective Date 05/19/2014 Notice of Final Rule Date 04/18/2014 Notice of Final Rule Citation 79 FR 21852 Comments

Rule: 74:36:01:15. Regulated air pollutant defined . A regul a t ed air po llutant is one of the fo ll owing: (1) Nitrogen o xides or any vola tile organic com p ounds; ( 2) Nitrogen dioxide , PM I 0, sulfur dioxide , carbo n monoxide , l ead , ozo ne , or any p o llutant for which a nat io n a l ambient air quality stan d ar d has been promulgate d in th e C l ean Air Ac t ; (3) Any pollutant that is addressed by any standard promulgated under § 111 of the Clean Air Act; (4) Any Class I or II substance subject to a standard promulgated under or est ablished by Title VI of the Clean Air Act; (5) Any pollutant subject to a standard promulgated under § 112 of the Clean Air Act or other requirements established under §§ 112(g), (j), and (r) of the Clean Air Act, includ ing the following: (a) Any pollutant subject to a standard promulgat ed under § 112(g) of the Clean Air Act. If the administrator of the EPA fails to promulgate a standard by the date established in § 112(e) of the Clean Air Act, any pollutant for which a subject source would be major shall be considered to be regulated on that date; and (b) Any pollutant for which the requirements of § 112( g)(2) of the Clean Air Act have been met, but only for the individual source subject to § l 12(g)(2) requirement; or (6) Any of the six greenhouse gases designated by EPA as regulated air pollutants: carbon dioxide, nitrous oxide, methane. hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride. Source : 19 SDR 157, effective April 22, 1993; 21SDR119, effective January 5, 1995. General Authority : SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6State South Dakota State Agency Department of Environment and Natural Resources Affected Area Statewide Regulation 74:36:01. Definitions. Rule Number 74:36:01:16. Rule Title Responsible official defined. State Effective Date 01/02/2005 State Adoption Date

EPA Effective Date 10/13/2006 Notice of Final Rule Date 08/14/2006 Notice of Final Rule Citation 71 FR 46403 Comments

Rule: 74:36:01:16. Responsible official defined. A responsible official is defined as one of the following: (1) For a corporation, a president, secretary, treasurer , or vice-president of the corporation in charge of a principal business function or any other person who pe rforms similar policy or decision-making functions for the corporation, or a duly authorized re presentative of such person if the representative is responsible for the overall operatio n of one or more manu facturing, production, or operating facilities applying for or subject to a permit, and either: (a) The facility employs more than 250 persons or has gross annual sales or expenditures exceeding $25 million (in second quarter 1980 dollars); or (b) The delegation of authority to such a repres entative is approved in ad vance by the department; (2) For a partnership or sole proprietorship, a general partner or the proprietor, respectively; (3) For a municipal, state, federal, or other public a gency, either a principal executive officer or ranking elected official. For the purposes of this subdivisi on, a principal executive o fficer of a federal agency includes the chief executive officer having responsi bility for the overall oper ations of a principal geographic unit of the agency; or (4) For affected sources: (a) The designated representative insofar as actions , standards, requirements, or prohibitions under Title IV of the Clean Air Act or the regulat ions promulgated under it are concerned; or (b) The designated representative for any other purposes under chapter 14:36:05. Source: 19 SDR 157, effective April 22, 1993; 31 SDR 101, effective January 2, 2005. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6.State South Dakota State Agency Department of Environment and Natural Resources Affected Area Statewide Regulation 74:36:01. Definitions. Rule Number 74:36:01:18. Rule Title Municipal solid waste landfill defined. State Effective Date 12/29/1996 State Adoption Date

EPA Effective Date 12/18/1998 Notice of Final Rule Date 10/19/1998 Notice of Final Rule Citation 63 FR 55804 Comments

Rule: 74:36:01:18. Municipal solid waste landfill defined. Municipal solid waste landfill means the entire disposal facility in a contiguous geographical space where household waste, commercial solid waste, nonhazardous sludge, conditionally exem pt small-quantity generator waste, or industrial solid waste is placed in or on land. Portions of the municipal so lid waste landfill may be separated by access roads. A municipal solid waste landfill may be publicly or privately owned, a new landfill, an existing landfill, or a lateral expansion. Source: 23 SDR 106, effective December 29, 1996. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6, 34A-1-18.State South Dakota State Agency Department of Environment and Natural Resources Affected Area Statewide Regulation 74:36:01. Definitions. Rule Number 74:36:01:19. Rule Title Existing municipal solid waste landfill defined. State Effective Date 12/29/1996 State Adoption Date

EPA Effective Date 12/18/1998 Notice of Final Rule Date 10/19/1998 Notice of Final Rule Citation 63 FR 55804 Comments

Rule: 74:36:01:19. Existing municipal solid waste landfill defined. An existing municipal solid waste landfill is a municipal solid waste landfill that commenced construction, reconstruc tion, or modification before May 30, 1991. An existing m unicipal solid waste landfill may be active or closed. Physical or operational changes made to an existing municipal solid waste land fill solely to comply with applicable emission limits are not considered a modification or reconstruction. Source: 23 SDR 106, effective December 29, 1996. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6, 34A-1-18.State South Dakota State Agency Department of Environment and Natural Resources Affected Area Statewide Regulation 74:36:01. Definitions. Rule Number 74:36:01:20. Rule Title Physical change or change in the method of operation defined. State Effective Date 06/28/2010 State Adoption Date

EPA Effective Date 07/28/2014 Notice of Final Rule Date 06/27/2014 Notice of Final Rule Citation 79 FR 36419 Comments

Rule: 74:36:01 :20. Physical change i n or ch an ge in t h e met h od of opera ti on defined. A physical change in or change in the method o f op e ration does not include the following: (1) Routine maintenance, repair , and replacement ; (2) Use of an alternative fuel or raw material becaus e of an order under §§ 2(a) and (b) of the Energy Supply and Environmental Coordination Act of 1974 , as amended and in effect on January 1 , 1993 , or because of a natural gas curtailment plan pursuant to the Federal Power Act as in effect on January 1 , 1993 ; (3) Use of an alternative fuel be cause of an order or rule und e r§ 125 of the Clean Air Act ; (4) Use at a steam generating unit of an alternative fuel that is generated from municipal solid waste; (5) An increase in the hours of operation or in t he production rate, unless the change is prohibited under a federally enforceable permit condition which w as established after January 6 , 1975 , pursuant to 40 C.F.R. § 52.21 (July 1 , 2009) , or under regulations approved pursuant to 40 C.F.R. Part 51 , Subpart I , or 40 C.F.R. § 51.166 (July 1, 2009); (6) Any change of ownership at a source ; (7) The use of an alternati v e fuel or raw material b y a source which the source was capable of accommodating before January 6, 1975, unless the chang e is prohibited under a federally enforceable permit condition which was established after January 6 , 1975 , pursuant to 40 C.F.R. § 52

. 21 (July 1 , 2009) , or under regulations appro v ed pursuant to 40 C.F

. R. Part 51 , Subpart I , or 40 C.F .R. § 51.166 (July 1 , 2009) ; and (8) The use of an alternative fuel or raw material which the source is appro ve d to use under a permit issued under 40 C.F.R. § 52.21 (July 1 , 2009) or under regulations appr oved pursuant to 40 C.F.R. § 51.165 (July 1 , 2009)

.Source: 25 SDR 123, effective April 4 , 1999; 31 SDR 101 , effective January 2, 2005; 32 SDR 209 , effective June 13 , 2006 ; 36 SDR 207, effective June 28, 2010. General Authority: SDCL 34A-1-6. Law I m pl em e nte d: SDCL 34A-1-6

.State South Dakota State Agency Department of Environment and Natural Resources Affected Area Statewide Regulation 74:36:01. Definitions. Rule Number 74:36:01:21. Rule Title Commence construction defined. State Effective Date 06/28/2010 State Adoption Date

EPA Effective Date 07/28/2014 Notice of Final Rule Date 06/27/2014 Notice of Final Rule Citation 79 FR 36419 Comments

Rule: 74:36:01:21. Commenced construction defined. Commenced construction means the owner or operator has all necessary construction approvals or permits and has: (1) Begun, or caused to begin, a continuous program of actual on-site construc tion of the new source or modification to the existing source; or (2) Entered into a binding agreement or contractual obligation, which cannot be cancelled or modified without substantial loss to the owner or operator, to undertake a program of ac tual construction of the source. Source: 36 SDR 207, effective June 28, 2010. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6.State South Dakota State Agency Department of Environment and Natural Resources Affected Area Statewide Regulation 74:36:02. Ambient Air Quality. Rule Number 74:36:02:01. Rule Title Air quality goals. State Effective Date 04/22/1993 State Adoption Date

EPA Effective Date 12/18/1998 Notice of Final Rule Date 10/19/1998 Notice of Final Rule Citation 63 FR 55804 Comments

Rule: 74:36:02:01. Air quality goals. The air quality goals are as follows: (1) Protection of the public health; (2) Prevention of damage to buildings, property, an imals, plants, forests, and agricultural crops; (3) Optimization of visibility; and (4) Minimization of the corrosion of or damage to metals or other materials. Source: SL 1975, ch 16, § 1; 2 SDR 40, effective Dece mber 7, 1975; transferred from § 34:10:02:01, 7 SDR 4, effective July 27, 1980; transferred from § 44:10:02:01, effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; transferred from § 74:26:02:01, 19 SDR 157, effective April 22, 1993. General Authority: SDCL 34A-1-6, 34A-1-15. Law Implemented: SDCL 34A-1-15.State South Dakota State Agency Department of Environment and Natural Resources Affected Area Statewide Regulation 74:36:02. Ambient Air Quality. Rule Number 74:36:02:02. Rule Title Ambient air quality standards. State Effective Date 06/25/2013 State Adoption Date

EPA Effective Date 11/02/2015 Notice of Final Rule Date 10/02/2015 Notice of Final Rule Citation 80 FR 59620 Comments

Rule: 74:36:02:02. Ambient air quality standards. The ambient air quality standards listed in 40 C.F.R. §§ 50.1 to 50.5, inclusive, (July 1, 2012); 40 C.F.R. § 50 .6 (July 1, 2012); 40 C.F.R. § 50.7(a)(1), (b), and (c) (July 1, 2012); 40 C.F.R. § 50. 8 and 40 C.F.R. §§ 50.10 to 50.12, inclusive, (July 1, 2012), define the types and levels of air pollution above which the ambient air would limit the attainment of the goals specified in § 74:36:02:01. These st andards apply to the entire state of South Dakota, and no person may cause these standards to be exceeded. The stand ards include normal background levels of air pollutants. Source: SL 1975, ch 16, § 1; 2 SDR 40, effective Decemb er 7, 1975; transferred from § 34:10:02:02, 7 SDR 4, effective July 27, 1980; transferred from § 44:10:02:02, effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 17 SDR 170, effe ctive May 13, 1991; transferred from § 74:26:02:02, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April 4, 1999; 26 SDR 168, effective June 27, 2000; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 36 SDR 207, effectiv e June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6, 34A-1-15. Law Implemented: SDCL 34A-1-15.State South Dakota State Agency Department of Environment and Natural Resources Affected Area Statewide Regulation 74:36:02. Ambient Air Quality. Rule Number 74:36:02:03. Rule Title Methods of sampling and analysis. State Effective Date 06/25/2013 State Adoption Date

EPA Effective Date 11/02/2015 Notice of Final Rule Date 10/02/2015 Notice of Final Rule Citation 80 FR 59620 Comments

Rule: 74:36:02:03. Methods of sampling and analysis. Air pollutants of particulat e matter, sulfur dioxide, carbon monoxide, ozone, nitrogen dioxide, and lead liste d in 40 C.F.R. Part 50 (July 1, 2012) shall be measured by the reference method or methods stated in 40 C.F.R. Part 50, Appendix A to Appendix N, inclusive, (July 1, 2012) or an equivalent method designated in accordance with 40 C.F.R. Part 53 (July 1, 2012). Source: SL 1975, ch 16, § 1; 2 SDR 40, effective Decemb er 7, 1975; transferred from § 34:10:02:11, 7 SDR 4, effective July 27, 1980; transferred from § 44:10:02:09, effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; transferred from § 74:26:02:09, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April 4, 1999; 26 SDR 168, effective June 27, 2000; 31 SDR 101, effect ive January 2, 2005; 32 SDR 209, effective June 13, 2006; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6, 34A-1-15. Law Implemented: SDCL 34A-1-15.State South Dakota State Agency Department of Environment and Natural Resources Affected Area Statewide Regulation 74:36:02. Ambient Air Quality. Rule Number 74:36:02:04. Rule Title Air quality monitoring network. State Effective Date 06/25/2013 State Adoption Date

EPA Effective Date 11/02/2015 Notice of Final Rule Date 10/02/2015 Notice of Final Rule Citation 80 FR 59620 Comments

Rule: 74:36:02:04. Air quality monitoring network. The department shall outline ambient air monitoring goals, changes, and network design in the air quality monitoring network. The department shall revise the air quality monitoring network as requir ed by 40 C.F.R. § 58.20 (July 1, 2012). Source: 19 SDR 157, effective April 22, 1993; 21 SD R 119, effective January 5, 1995; 25 SDR 123, effective April 4, 1999; 26 SDR 168, effective June 27, 2000; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6, 34A-1-15. Law Implemented: SDCL 34A-1-15.State South Dakota State Agency Department of Environment and Natural Resources Affected Area Statewide Regulation 74:36:02. Ambient Air Quality. Rule Number 74:36:02:05. Rule Title Air quality monitoring requirements. State Effective Date 06/25/2013 State Adoption Date

EPA Effective Date 11/02/2015 Notice of Final Rule Date 10/02/2015 Notice of Final Rule Citation 80 FR 59620 Comments

Rule: 74:36:02:05. Ambient air qualit y monitoring requirements. The operation of ambient air monitoring required by the department shall be consistent with 40 C.F.R. Part 58 (July 1, 2012). Records of monitoring activities and results shall be retained for a minimum of three years. Source: 19 SDR 157, effective April 22, 1993; 21 SD R 119, effective January 5, 1995; 25 SDR 123, effective April 4, 1999; 26 SDR 168, effective June 27, 2000; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6, 34A-1-15. Law Implemented: SDCL 34A-1-15.State South Dakota State Agency Department of Environment and Natural Resources Affected Area Statewide Regulation 74:36:03. Air Quality Episodes. Rule Number 74:36:03:01. Rule Title Air pollution emergency episode. State Effective Date 06/28/2010 State Adoption Date

EPA Effective Date 07/28/2014 Notice of Final Rule Date 06/27/2014 Notice of Final Rule Citation 79 FR 36419 Comments

Rule: 74:36:03:01. Air pollution e m ergency episod e. The proclamation of an air pollution emergency episode and its extent shall be made by the secretary , using the criteria in 40 C.F.R

. § 51.151 and Appendix L to Part 51 (July 1, 2009), if the accumulati on of air pollutants in any place is attaining or has attained levels which could, if such levels are sustained or exceeded , lead to a substantial threat to the health of the public

. Source: SL 1975 , ch 16 , § 1; 2 SDR 40 , effective December 7 , 1975; transferred from § 34:10:02:22, 7 SDR 4, effective July 27, 1980; transferred from § 44:10:02 : 17, effective July 1,1981; 13 SDR 129 , 13 SDR 141, effective July 1, 1987; transferred from § 74:26:02:17 , 19 SDR 157 , effective April 22, 1993; 21 SDR 119, effective January 5 , 1995; 31 SDR 101, effective January 2 , 2005 ; 32 SDR 209 , effective June 13 , 2006 ; 36 SDR 207 , effective June 28 , 2010. General Authority: SDCL 34A-l-6, 34A-1-15. Law I m plemented: SDCL 34A-1-15.State South Dakota State Agency Department of Environment and Natural Resources Affected Area Statewide Regulation 74:36:03. Air Quality Episodes. Rule Number 74:36:03:02. Rule Title Episode emergency contingency plan. State Effective Date 06/28/2010 State Adoption Date

EPA Effective Date 07/28/2014 Notice of Final Rule Date 06/27/2014 Notice of Final Rule Citation 79 FR 36419 Comments

Rule: 74:36:03:02. Episo d e emerge n cy co n tingency pla n . The department shall develop an episode emergency contingency plan and maintain it following the requirements in 40 C.F

. R. § 51.152 (July 1 , 2009). The department shall reevaluate the contingency plan in accordance with the requirements in 40 C

. F.R. § 51.153 (July 1 , 2009). Source: 19 SDR 157 , effecti v e April 22 , 1993 ; 21SDR119 , effective January 5 , 1995; 31 SDR 101 , effective January 2, 2005; 32 SDR 209, effectiv e June 13, 2006; 36 SDR 207, effective June 28 , 2010

. Ge n eral Authority: SDCL 34A-1-6, 34 A -l-15. Law I m ple m e n ted: SDCL 34A-l-15.State South Dakota State Agency Department of Environment and Natural Resources Affected Area Statewide Regulation 74:36:04. Operating Permits for Minor Sources. Rule Number 74:36:04:01. Rule Title Applicability. State Effective Date 04/22/1993 State Adoption Date

EPA Effective Date 12/18/1998 Notice of Final Rule Date 10/19/1998 Notice of Final Rule Citation 63 FR 55804 Comments

Rule: 74:36:04:01. Applicability. The requirements of this chapter apply to all minor sources. Source: 19 SDR 157, effective April 22, 1993. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6.State South Dakota State Agency Department of Environment and Natural Resources Affected Area Statewide Regulation 74:36:04. Operating Permits for Minor Sources. Rule Number 74:36:04:02. Rule Title Minor source operating permit required. State Effective Date 06/28/2010 State Adoption Date

EPA Effective Date 07/28/2014 Notice of Final Rule Date 06/27/2014 Notice of Final Rule Citation 79 FR 36419 Comments

Rule: 74:36:04:02. Minor source operating permit required. A person may not operate any source or unit likely to cause the emission of air pollutants into th e ambient air or any equipment that prevents or controls the emission of air pollutants into the ambient air until a construction permit or minor source operating permit has been issued by the board or the secretary. Source: 2 SDR 40, effective December 7, 1975; transfer red from § 34:10:01:03.01, 7 SDR 4, effective July 27, 1980; transferred from § 44:10:01:08, effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; tr ansferred from § 74:26:01:08, 19 SDR 15 7, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 36 SDR 207, effective June 28, 2010. General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-21.State South Dakota State Agency Department of Environment and Natural Resources Affected Area Statewide Regulation 74:36:04. Operating Permits for Minor Sources. Rule Number 74:36:04:02.01. Rule Title Minor source operating permit exemption. State Effective Date 06/28/2010 State Adoption Date

EPA Effective Date 07/28/2014 Notice of Final Rule Date 06/27/2014 Notice of Final Rule Citation 79 FR 36419 Comments

Rule: 74:36:04:02.01. Minor source ope rating permit exemption. The following sources are exempt from obtaining a minor source operating permit: (1) A source that has the potential to emit 25 tons or less per year of any criteria pollutant, except lead, before the application of control equipment; and (2) Any other source cons tructed for domestic purposes and not intended for use by an industry, manufacturer, or business. Source: 36 SDR 207, effective June 28, 2010. General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-21.State South Dakota State Agency Department of Environment and Natural Resources Affected Area Statewide Regulation 74:36:04. Operating Permits for Minor Sources. Rule Number 74:36:04:03. Rule Title Emission unit exemptions. State Effective Date 06/28/2010 State Adoption Date

EPA Effective Date 07/28/2014 Notice of Final Rule Date 06/28/2014 Notice of Final Rule Citation 79 FR 36419 Comments

Rule: 74:36:04:03. Emission unit exemptions. The following emission units are exempt from inclusion in a minor source operating permit unless the source has requested federally enforceable permit conditions related to the emission unit to avoid needing a Part 70 operating permit, PSD preconstruction permit, or NSR preconstruction permit: (1) One or more incinerators of less than 100 pounds per hour combined burning capacity that combust municipal or household waste; (2) A mobile internal combustion engine, includ ing those in autos, truc ks, tractors, airplanes, locomotives, and boats; (3) Laboratory equipment used exclusively for chemical or physical analysis; (4) A unit that has a heat input capability of not mo re than 3,500,000 Btus per hour, except for units fueled with wood or coal; (5) An air conditioning or ventilating system not designed to remove air pollutants from equipment; (6) Routine housekeeping or plant upkeep activities such as painting buildings, retarring roofs, or paving parking lots; and (7) A unit that has the potential to emit two tons or less per year of any criteria pollu tant before the application of control equipment. However, the criteria pollutant emissions from the unit must be included in determining whether the source is a minor source. An emission unit that is exempt from permitting must still meet the visible emission restriction in § 74:36 :12:01. Source: SL 1975, ch 16, § 1; 2 SDR 40, effective Decemb er 7, 1975; transferred from § 34:10:01:16, 7 SDR 4, effective July 27, 1980; transferred from § 44:10:01:25, effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 17 SDR 170, effe ctive May 13, 1991; transferred from § 74:26:01:25, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 1996; 25 SDR 123, ef fective April 4, 1999; 31 SDR 101, effective January 2, 2005; 36 SDR 207, effective June 28, 2010.General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-19, 34A-1-21. Cross-References: Operating permits for Part 70 sources, ch 74:36:05; Prevention of significant deterioration, ch 74:36:09.State South Dakota State Agency Department of Environment and Natural Resources Affected Area Statewide Regulation 74:36:04. Operating Permits for Minor Sources. Rule Number 74:36:04:04. Rule Title Standard for issuance of a minor source operating permit. State Effective Date 06/25/2013 State Adoption Date

EPA Effective Date 11/02/2015 Notice of Final Rule Date 10/02/2015 Notice of Final Rule Citation 80 FR 59620 Comments

Rule: 74:36:04:04. Standard for issuance of a minor source operating permit. An operating permit for a source or permit revision may be issued only if it has been shown that the operation of the source or permit revision will not prevent or inte rfere with the attainment or main tenance of an a pplicable national ambient air quality standard. Compliance with th is requirement as determined by air pollution dispersion modeling is not affected by stack height that exceeds good engineering practice or by any other dispersion technique as defined in 40 C.F.R. § 51.100 (July 1, 2012). Each source must comply with emission limits and other requirements of the act and the Clean Air Act. The minor source operating permit must include reasonable conditions, including adherence to plans and specifications, to assure compliance with the act, the Clean Air Ac t, and any other conditions justified under SDCL 34A-1-19. Source: 2 SDR 40, effective December 7, 1975; transfer red from § 34:10:01:08.02; transferred from § 44:10:01:12, effective July 1, 1981; 10 SDR 68, ef fective January 5, 1984; 12 SDR 183, effective May 21, 1986; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 14 SDR 72, effective November 24, 1987; 16 SDR 88, effective November 14, 1989; 17 SDR 170, effective May 13, 1991; transferred from § 74:26:01:12, 19 SDR 157, effectiv e April 22, 1993; 21 SDR 119, effective January 5, 1995; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6, 34A-1-19, 34A-1-21. Law Implemented: SDCL 34A-1-19, 34A-1-21.State South Dakota State Agency Department of Environment and Natural Resources Affected Area Statewide Regulation 74:36:04. Operating Permits for Minor Sources. Rule Number 74:36:04:05. Rule Title Time period for operating permits and renewals. State Effective Date 06/25/2013 State Adoption Date

EPA Effective Date 11/02/2015 Notice of Final Rule Date 10/02/2015 Notice of Final Rule Citation 80 FR 59620 Comments

Rule: 74:36:04:05. Time period for operating permits and renewals. An operating permit for a minor source shall be issued for a period up to five years and all subsequent operating permits shall be for a period of five years. Source: 2 SDR 40, effective December 7, 1975; transfer red from § 34:10:01:21.04; transferred from § 44:10:01:32, effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 17 SDR 170, effective May 13, 1991; transferred from § 74:26:01:32, 19 SDR 157, effective April 22, 1993; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-21.State South Dakota State Agency Department of Environment and Natural Resources Affected Area Statewide Regulation 74:36:04. Operating Permits for Minor Sources. Rule Number 74:36:04:06. Rule Title Timely and comple te application for operating permit required. State Effective Date 06/28/2010 State Adoption Date

EPA Effective Date 07/28/2014 Notice of Final Rule Date 06/27/2014 Notice of Final Rule Citation 79 FR 36419 Comments

Rule: 74:36:04:06. Timely and complete application for operating permit required. A person who owns or operates a source required to have a minor so urce operating permit shall submit a timely and complete application. An application is timely if it meets the time lim its specified in th is section. An application is complete if it meets the requirements in § 74:36:04:07. A minor source applying for an in itial operating permit sh all submit a complete application to the department within 12 months after commencing operation. A minor source applying for a permit modification shall submit a comple te application to the department within 12 months after commencing operation of the emission unit(s) involved with the modification. A minor source applying for renewal of an operating permit shall submit a complete application 90 days before the date of permit expiration. If an existing source submits a timely and complete application for renewal of an operating permit within this time limit, the source's existing permit does not expire until the renewal permit has been issued or denied. The term s and conditions of the existing permit remain in effect until the renewal permit has been issued or denied. Source: 19 SDR 157, effective April 22, 1993; 21 SD R 119, effective January 5, 1995; 30 SDR 26, effective September 1, 2 003; 31 SDR 101, effective January 2, 2005; 36 SDR 207, effective June 28, 2010. General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-12, 34A-1-21. Note: A minor source applying for an initial operating permit or a permit modification must obtain a construction permit in accordance with chapter 74: 36:20 before commencing construction of the source or permit modification.State South Dakota State Agency Department of Environment and Natural Resources Affected Area Statewide Regulation 74:36:04. Operating Permits for Minor Sources. Rule Number 74:36:04:07. Rule Title Required contents of complete application for operating permit. State Effective Date 06/28/2010 State Adoption Date

EPA Effective Date 07/28/2014 Notice of Final Rule Date 06/27/2014 Notice of Final Rule Citation 79 FR 36419 Comments

Rule: 74:36:04:07. Required contents of comp lete application for operating permit. An application for an operating permit for a minor source or permit modification must include the following information to be considered a complete application: (1) General company information, including the company name and address or the plant name and address if different from the company name, the ow ner's name and agent, and the plant site manager or contact; (2) A description of the plant and its processes and products; (3) The following information on emissions: (a) Identification and description of all emission units; (b) Fuels, fuel use, raw materials, and production rates; (c) Identification and description of air pollution control equipment; (d) Limitations on source operation affecting em issions or any work practice standards, where applicable, for all regulated air pollutants; (e) Other information required by any applicable requirements, including information related to stack height limits, such as the location of emissions units, flow rates, building dimensions, and stack parameters, including height, diameter, and plume temperature, for all pollutants regulated at the source; (4) A copy of any prepared plans and the sp ecifications of any equipment or other facilities which may affect the source, including pollution control devices; (5) An abatement strategies plan, if required by chapter 74:36:03;(6) A signed and notarized certif ication of applicant form; (7) The results of any air dispersion modeling required by the department; (8) The results of any stack performance testing required by the department; (9) Any other information requested by the department which is relevant to determining compliance with the act or the Clean Air Act. The application must be signed by the responsible of ficial or designated representative. An application for the renewal of an operating permit may refer to a previously submitted app lication if there are no operational changes. Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from §§ 34:10:01:04.01, 34:10:01:06, 7 SDR 4, effective July 27, 1980; tr ansferred from § 44:10:01:09, effective July 1, 1981; 10 SDR 68, effective January 5, 1984; 13 SDR 129, 13 SDR 141, effective July 1, 1987; transferred from § 74:26:01:09, 19 SDR 1 57, effective April 22, 1993; 36 SDR 207, effective June 28, 2010. General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-12, 34A-1-21.State South Dakota State Agency Department of Environment and Natural Resources Affected Area Statewide Regulation 74:36:04. Operating Permits for Minor Sources. Rule Number 74:36:04:08. Rule Title Applicant required to supplement or correct application. State Effective Date 01/05/1995 State Adoption Date

EPA Effective Date 12/18/1998 Notice of Final Rule Date 10/19/1998 Notice of Final Rule Citation 63 FR 55804 Comments

Rule: 74:36:04:08. Applicant required to supplement or correct application. If the applicant is aware that the application is incomplete or that any relevant fa cts or information contained in an application are incorrect, the applicant shall subm it the supplementary facts or corr ected information. The applicant shall provide additional information as necessary to address requirements that become applicable after the application is filed but prior to the release of the draft permit. Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995. General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-12, 34A-1-21.State South Dakota State Agency Department of Environment and Natural Resources Affected Area Statewide Regulation 74:36:04. Operating Permits for Minor Sources. Rule Number 74:36:04:09. Rule Title Permit application - Completeness review. State Effective Date 06/28/2010 State Adoption Date

EPA Effective Date 07/28/2014 Notice of Final Rule Date 06/27/2014 Notice of Final Rule Citation 79 FR 36419 Comments

Rule: 74:36:04:09. Permit application -- Completeness review. The department shall conduct a completeness review of each permit application received, as follows: (1) Within 30 days after submission of an app lication for an init ial operating permit, a permit modification, or a renewal of an operating permit for a minor source, the department shall notify the applicant in writing whether or not th e application is co mplete or incomplete. If the department does not notify the applicant that the application is incomplete within 30 days after receip t of the application, the application is considered complete. The departmen t may at any time during the processing of the application request, in writing, additional information necessary to evaluate or take final action on the application; (2) If the application is incomplete or additional info rmation is necessary to evaluate the application, the department shall identify the items required to complete the application. The applicant has 20 working days after receipt of an incomplete notification or request for additional information to submit the information, unless an extension beyond the 20 working days is approved by the department; and (3) The department shall determine the adequacy of the applicant's response to each incomplete item within 15 days after receipt of the response and shall notify the applicant in writing if the application is or is not complete. Source: 19 SDR 157, effective April 22, 1993; 21 SD R 119, effective January 5, 1995; 25 SDR 123, effective April 4, 1999; 36 SDR 207, effective June 28, 2010. General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-21.State South Dakota State Agency Department of Environment and Natural Resources Affected Area Statewide Regulation 74:36:04. Operating Permits for Minor Sources. Rule Number 74:36:04:10. Rule Title Time period for department's recommendation. State Effective Date 06/28/2010 State Adoption Date

EPA Effective Date 07/28/2014 Notice of Final Rule Date 06/27/2014 Notice of Final Rule Citation 79 FR 36419 Comments

Rule: 74:36:04:10. Time period for department's recommendation. The department shall recommend issuance or denial of an operating permit, a permit modification, or a renewal for an operating permit for a minor source within 90 days after the submission of a complete application and all other additional information necessary for the department to make an informed decision. A recommendation to issue a permit shall include a draft permit with appropriate conditions to ensure compliance with the act and Clean Air Act. Failure of the department to act on an application entitles the applicant to petition for and obtain a contested case review of the applicatio n without waiting for a department recommendation. The petition must conform to the requirements of article 74:09. Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from §§ 34:10:01:08.01, 34:10:01:11, 7 SDR 4, effective July 27, 1980; tr ansferred from § 44:10:01:11, effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; transferred from § 74:26:01:11, 19 SDR 157, effe ctive April 22, 1993; 36 SDR 207, effective June 28, 2010. General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-21.State South Dakota State Agency Department of Environment and Natural Resources Affected Area Statewide Regulation 74:36:04. Operating Permits for Minor Sources. Rule Number 74:36:04:11. Rule Title Department's recommendation on operating permit. State Effective Date 04/04/1999 State Adoption Date

EPA Effective Date 05/07/2003 Notice of Final Rule Date 04/07/2003 Notice of Final Rule Citation 68 FR 16726 Comments

Rule: 74:36:04:11. Department's recommendation on operating permit. The department, after review of a complete application for an operating permit or a renewal of an operating permit for a minor source shall recommend to the board that the permit be issued or denied. The recommendation to issue a permit shall include a draft permit with appropriate conditions to assure compliance with the act. Source: SL 1975, ch 16, § 1; 2 SDR 40, effective Dece mber 7, 1975; transferred from §§ 34:10:01:02, 34:10:01:22.02, 7 SDR 4, effective July 27, 1980; tr ansferred from § 44:10:01 :36, effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 17 SDR 170, effective May 13, 1991; transferred from § 74:26:01:36, 19 SDR 157, effect ive April 22, 1993; 25 SDR 123, effective April 4, 1999. General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-21, 34 A-1-29, 34A-1-30.State South Dakota State Agency Department of Environment and Natural Resources Affected Area Statewide Regulation 74:36:04. Operating Permits for Minor Sources. Rule Number 74:36:04:12. Rule Title Public participation in permitting process. State Effective Date 06/25/2013 State Adoption Date

EPA Effective Date 11/02/2015 Notice of Final Rule Date 10/02/2015 Notice of Final Rule Citation 80 FR 59620 Comments

Rule: 74:36:04:12. Public participation in permitting process. The department shall mail a copy of the draft permit for a minor source to the applicant. The department shall publish a public notice of the draft permit once in a legal newspaper in the county where the source is located. The notice must include a brief statement describing the source and where it is located; the department's recommendation and the reasons for it; the activity or activities involved in the permit action; the emissions change involved in any permit modification; a statement that a pers on may submit comments or contest the draft permit within 30 days after the publication of the notice ; describe the procedures a person must follow to contest the draft permit and requ est a hearing in accordance with article 74:09; and a statement describing where copies of the draft permit or ot her information may be obtained. The department shall provide to the interested parties a 30-day not ice of any hearing to contest a draft permit. Source: SL 1975, ch 16, § 1; 2 SDR 40, effective Decemb er 7, 1975; transferred from §§ 34:10:01:02, 34:10:01:22.03, 7 SDR 4, effective July 27, 1980; tr ansferred from § 44:10:01 :37, effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1 987; 14 SDR 50, effective October 4, 1987; 17 SDR 170, effective May 13, 1991; transferred from § 74:26 :01:37, 19 SDR 157, effective April 22, 1993; 25 SDR 123, effective April 4, 1999; 36 SDR 207, effe ctive June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 1-26-27, 34A-1-21.State South Dakota State Agency Department of Environment and Natural Resources Affected Area Statewide Regulation 74:36:04. Operating Permits for Minor Sources. Rule Number 74:36:04:12.01. Rule Title Public review of department's draft permit. State Effective Date 06/28/2010 State Adoption Date

EPA Effective Date 07/28/2014 Notice of Final Rule Date 06/27/2014 Notice of Final Rule Citation 79 FR 36419 Comments

Rule: 74:36:04:12.01. Public review of department's draft permit. During the public comment period, any interested person may submit written comments on the draft permit or request a contested case hearing. All comme nts will be considered in making a final permit deci sion on the draft permit as provided in § 74:36:04:13. A request for a contested case hearing must be in writing and prepared and filed in accordance with article 74:09. The department is not required to accept recommendations or comments that are not based on applicable requirem ents of this article or the requirements of the Clean Air Act. Source: 25 SDR 123, effective April 4, 1999; 36 SDR 207, effective June 28, 2010. General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-21State South Dakota State Agency Department of Environment and Natural Resources Affected Area Statewide Regulation 74:36:04. Operating Permits for Minor Sources. Rule Number 74:36:04:13. Rule Title Final permit decision - Notice to interested persons. State Effective Date 06/25/2013 State Adoption Date

EPA Effective Date 11/02/2015 Notice of Final Rule Date 10/02/2015 Notice of Final Rule Citation 80 FR 59620 Comments

Rule: 74:36:04:13. Final permit decision -- Notice to interested persons. The department shall make its final permit decision within 30 days of the end of the public comment period on a draft permit. The department shall notify, in writing, the applicant and each person that submitted written comments or requested notice of the final permit decision. The no tice shall include reference to the procedures for contesting the final permit decisio n and requesting a hearing in accordance with article 74:09. For the purpose of this section, the final permit decision means proposing a permit, denying a permit, or terminating a permit. The final perm it will be issued within 30 days of notifying the a pplicant and each person that submitted written comment s or requested notification of the final permit decision except under the following conditions: (1) A later effective date is specified in the final permit decision; (2) A contested case hearing is requested; or (3) No comments or request for changes in the draft permit were received during the public notice period on the draft permit. In this case, the draft permit automatically becomes the final permit decision and the final permit is issued at the end of the public notice period. Source: SL 1975, ch 16, § 1; 2 SDR 40, effective Decemb er 7, 1975; transferred from §§ 34:10:01:02, 34:10:01:22.04, 7 SDR 4, effective July 27, 1980; tr ansferred from § 44:10:01 :38, effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1 987; 14 SDR 50, effective October 4, 1987; 17 SDR 170, effective May 13, 1991; transferred from § 74:26 :01:38, 19 SDR 157, effective April 22, 1993; 25 SDR 123, effective April 4, 1999; 36 SDR 207, effe ctive June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 1-26-27, 1-26-29, 34A-1-21State South Dakota State Agency Department of Environment and Natural Resources Affected Area Statewide Regulation 74:36:04. Operating Permits for Minor Sources. Rule Number 74:36:04:14. Rule Title Right to petition for contested case hearing. State Effective Date 06/25/2013 State Adoption Date

EPA Effective Date 11/02/2015 Notice of Final Rule Date 10/02/2015 Notice of Final Rule Citation 80 FR 59620 Comments

Rule: 74:36:04:14. Right to petition for contested case hearing. The applicant or interested person may petition the board and obtain a contested case hear ing to dispute the department's draft permit. Any other person may petition to intervene and request a hearing if the person has an interest affected by the department's draft permit. Such petitions must co mply with the provisions of article 74:09 and be received by the department within 30 days after publication of the notice required by § 74:36:04:12. The applicant or an interested person that comments on the draft permit may petition the board for and obtain a contested case hearing to dispute the department's final permit decision. Such petitions must comply with the provisions of arti cle 74:09 and be received by the department within 30 days after receiving the department's final permit decision. If the draft permit or the final per mit decision is contested, the department shall present the draft permit or final permit decision to the board for action in accordance with article 74:09. Source: SL 1975, ch 16, § 1; 2 SDR 40, effective Decemb er 7, 1975; transferred from §§ 34:10:01:02, 34:10:01:22.05, 7 SDR 4, effective July 27, 1980; tr ansferred from § 44:10:01 :39, effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 14 SDR 50, effective October 4, 1987; transferred from § 74:26:01:39, 19 SDR 157, effect ive April 22, 1993; 25 SDR 123, effective April 4, 1999; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 1-26-27, 1-26-29, 34A-1-21.State South Dakota State Agency Department of Environment and Natural Resources Affected Area Statewide Regulation 74:36:04. Operating Permits for Minor Sources. Rule Number 74:36:04:15. Rule Title Contents of operating permit. State Effective Date 06/25/2013 State Adoption Date

EPA Effective Date 11/02/2015 Notice of Final Rule Date 10/02/2015 Notice of Final Rule Citation 80 FR 59620 Comments

Rule: 74:36:04:15. Contents of operating permit. An operating permit for a minor source shall include the following: (1) The signature of either the secretary or the chairman; (2) The name of the person, company, political subd ivision, agency, or inst itution granted a permit; (3) The type of operation; (4) The facility an d mailing address; (5) The date the operating permit was granted and on which it will expire; (6) A number for administrative reference; (7) The name of a designated person or officer responsible for the source's operation; (8) A statement granting an operating permit by t he board or secretary and any conditions that the board or secretary may impose to ensure co mpliance with the act and the Clean Air Act; (9) Emission limits and standards, including operat ional requirements and limits for all regulated emission units, necessary to assure compliance with applicable requirements of the act and the Clean Air Act; (10) Monitoring and related record keeping and reporting requirements; (11) A severability clause to ensure the continued validity of the various pe rmit requirements if any portions of the permit are challenged; and (12) Provisions st ating the following:(a) The permittee must comply with all conditions of the permit. Any permit noncompliance constitutes a violation and is grounds for en forcement action, permit terminat ion, revocation and reissuance, permit revision, or denial of a permit renewal application; (b) The operating permit may be revised, revoked and reissued, reopened, or terminated for cause; (c) The operating permit does not co nvey any property rights of any so rt or any exclusive privilege; and (d) The permittee shall provide any information, including records, requested in writing by the department to determine whether cause exists for re vising, revoking and reissuing, reopening, or terminating the permit or to determine compliance. Source: 2 SDR 40, effective December 7, 1975; transfer red from § 34:10:01:22.10, 7 SDR 4, effective July 27, 1980; transferred from § 44:10:01:44, effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 17 SDR 170, effective May 13, 1991; transferr ed from § 74:26:01:44, 19 SDR 157, effective April 22, 1993; 36 SDR 207, effectiv e June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-21.State South Dakota State Agency Department of Environment and Natural Resources Affected Area Statewide Regulation 74:36:04. Operating Permits for Minor Sources. Rule Number 74:36:04:16. Rule Title Operating permit expiration. State Effective Date 06/28/2010 State Adoption Date

EPA Effective Date 07/28/2014 Notice of Final Rule Date 06/27/2014 Notice of Final Rule Citation 79 FR 36419 Comments

Rule: 74:36:04:16. Operating permit expiration. Operating permit expiration terminates the source's right to operate under the minor source operating permit unless a timely and complete re newal application has been submitted to the department. Source: 19 SDR 157, effective April 22, 1993; 36 SDR 207, effective June 28, 2010. General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-21.State South Dakota State Agency Department of Environment and Natural Resources Affected Area Statewide Regulation 74:36:04. Operating Permits for Minor Sources. Rule Number 74:36:04:17. Rule Title Renewal of operating permit. State Effective Date 06/28/2010 State Adoption Date

EPA Effective Date 07/28/2014 Notice of Final Rule Date 06/27/2014 Notice of Final Rule Citation 79 FR 36419 Comments

Rule: 74:36:04:17. Renewal of operating permit. Permits being renewed are subject to the same procedural requirements in §§ 74:36:04:06 to 74:36: 04:14, inclusive, as the original minor source operating permit issuance. Source: 19 SDR 157, effective April 22, 1993; 21 SD R 119, effective January 5, 1995; 36 SDR 207, effective June 28, 2010. General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-21.State South Dakota State Agency Department of Environment and Natural Resources Affected Area Statewide Regulation 74:36:04. Operating Permits for Minor Sources. Rule Number 74:36:04:18. Rule Title Operating permit revision. State Effective Date 06/28/2010 State Adoption Date

EPA Effective Date 07/28/2014 Notice of Final Rule Date 06/27/2014 Notice of Final Rule Citation 79 FR 36419 Comments

Rule: 74:36:04:18. Operating permit revision. An operating permit for a minor source may be revised at any time by the submittal of an application. T he application must specif y whether the requested revision is an administrative permit amendment, minor permit amendment, or a permit modification with supporting documentation. The application must c ontain the necessary information required for an administrative permit amendment, minor permit amendment, or permit modification. Source: 19 SDR 157, effective April 22, 1993; 25 SD R 123, effective April 4, 1999; 36 SDR 207, effective June 28, 2010. General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-21.State South Dakota State Agency Department of Environment and Natural Resources Affected Area Statewide Regulation 74:36:04. Operating Permits for Minor Sources. Rule Number 74:36:04:19. Rule Title Administrative permit amendment. State Effective Date 04/04/1999 State Adoption Date 02/18/1999

EPA Effective Date 05/07/2003 Notice of Final Rule Date 04/07/2003 Notice of Final Rule Citation 68 FR 16726 Comments

Rule: 74:36:04:19. Administrative permit amendment. An administrative permit amendment may be issued for a revision to an operating permit meetin g the requirements of § 74:36:01:03. An application for an administrative permit amendment shall contain a description of the change and documentation supporting the applicant's claim the revision qua lifies as an administrative permit amendment. Source: 19 SDR 157, effective April 22, 1993; 25 SDR 123, effective April 4, 1999. General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-21.State South Dakota State Agency Department of Environment and Natural Resources Affected Area Statewide Regulation 74:36:04. Operating Permits for Minor Sources. Rule Number 74:36:04:20. Rule Title Procedures for administrative permit amendments. State Effective Date 06/28/2010 State Adoption Date

EPA Effective Date 07/28/2014 Notice of Final Rule Date 06/27/2014 Notice of Final Rule Citation 79 FR 36419 Comments

Rule: 74:36:04:20. Procedures for administrative permit amendments. The source may implement a proposed revision that is considered an administ rative permit amendment immediately upon notifying the department. The department shall determine wh ether an administrative permit amendment is applicable to the proposed revision within 15 days of receiving a request for a permit revision. The department shall issue administrative permit amendments without the procedural requirements applicable to obtaining a permit modification. Source: 19 SDR 157, effective April 22, 1993; 25 SD R 123, effective April 4, 1999; 36 SDR 207, effective June 28, 2010. General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-21.State South Dakota State Agency Department of Environment and Natural Resources Affected Area Statewide Regulation 74:36:04. Operating Permits for Minor Sources. Rule Number 74:36:04:20.01. Rule Title Minor permit amendment required. State Effective Date 06/28/2010 State Adoption Date

EPA Effective Date 07/28/2014 Notice of Final Rule Date 06/27/2014 Notice of Final Rule Citation 79 FR 36419 Comments

Rule: 74:36:04:20.01. Minor permit amendment required. A minor permit amendment is an amendment to an existing minor source operating permit and is issued by the secretary. A source may request a minor permit amendment under §§ 74:36:04:20.02 to 74:36:04:20.04, inclusive, for a change that does not constitute a modification and is not prohibited under any applicable requirement under Title I of the Clean Air Act. Source: 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April 4, 1999; 36 SDR 207, effective June 28, 2010. General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-12, 34A-1-21.State South Dakota State Agency Department of Environment and Natural Resources Affected Area Statewide Regulation 74:36:04. Operating Permits for Minor Sources. Rule Number 74:36:04:20.02. Rule Title Requirements for minor permit amendment. State Effective Date 01/05/1995 State Adoption Date

EPA Effective Date 12/18/1998 Notice of Final Rule Date 10/19/1998 Notice of Final Rule Citation 63 FR 55804 Comments

Rule: 74:36:04:20.02. Requirements for minor permit amendment. A minor permit amendment may be issued by the secretary if the proposed revision meets the following requirements: (1) It does not violate any applicable requirement; (2) It does not involve significant changes to exis ting monitoring, reporting, or record keeping requirements in the permit; (3) It does not require or change a case-by-case deter mination of an emission limit or other standard, a source-specific determination for te mporary sources of ambient impact s, or a visibility or increment analysis; (4) It does not seek to establish or change a permit term or condition for which there is no corresponding underlying applicable requirement that the source has assumed to avoid an applicable requirement, a federally enforceable emissions cap assumed to avoid classification as a modification under any provision of Title I, or an alternativ e emissions limit approved pursuant to regulations promulgated under § 112(i)(5) of the Clean Air Act; and (5) It does not constitute a modification under Title I of the Clean Air Act. Source: 21 SDR 119, effective January 5, 1995. General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-21.State South Dakota State Agency Department of Environment and Natural Resources Affected Area Statewide Regulation 74:36:04. Operating Permits for Minor Sources. Rule Number 74:36:04:20.03. Rule Title Application for minor permit amendment. State Effective Date 01/05/1995 State Adoption Date

EPA Effective Date 12/18/1998 Notice of Final Rule Date 10/19/1998 Notice of Final Rule Citation 63 FR 55804 Comments

Rule: 74:36:04:20.03. Application for minor permit amendment. An application for a minor permit amendment shall include the following: (1) A description of the proposed change, the resulting change in emissions, and any new applicable requirements; (2) The source's suggested draft permit; and (3) Certification by a responsible official that th e proposed revision meets the applicable requirements of a minor permit amendment. Source: 21 SDR 119, effective January 5, 1995. General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-21.State South Dakota State Agency Department of Environment and Natural Resources Affected Area Statewide Regulation 74:36:04. Operating Permits for Minor Sources. Rule Number 74:36:04:20.04. Rule Title Department deadline to approve minor permit amendment. State Effective Date 06/28/2010 State Adoption Date

EPA Effective Date 07/28/2014 Notice of Final Rule Date 06/27/2014 Notice of Final Rule Citation 79 FR 36419 Comments

Rule: 74:36:04:20.04. Department deadline to approve minor permit amendment. The department shall take the following final action on a proposed minor permit amendment within 90 days after receipt of a complete application for the amendment: (1) Issue the minor permit amendment as proposed; (2) Deny the minor permit amendment application; or (3) Determine that the requested minor permit amendment should be processed as a permit modification. The source may implement a proposed revision that is considered a minor permit amendment seven days after submitting a complete application. The secretary shall issue minor permit amendments without the procedural requirements applicable to obtaining a permit modification. Source: 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April 4, 1999; 36 SDR 207, effective June 28, 2010. General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-21.State South Dakota State Agency Department of Environment and Natural Resources Affected Area Statewide Regulation 74:36:04. Operating Permits for Minor Sources. Rule Number 74:36:04:21. Rule Title Permit modifications. State Effective Date 01/05/1995 State Adoption Date

EPA Effective Date 12/18/1998 Notice of Final Rule Date 10/19/1998 Notice of Final Rule Citation 63 FR 55804 Comments

Rule: 74:36:04:21. Permit modifications. Permit modifications are subject to the same procedural requirements in §§ 74:36:04:06 to 74:36:04:14, inclus ive, as the original oper ating permit issuance as long as the source remains a minor source. Howe ver, the required review shall cover only the proposed changes rather than the unchanged activities of the permittee. Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995. General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-21.State South Dakota State Agency Department of Environment and Natural Resources Affected Area Statewide Regulation 74:36:04. Operating Permits for Minor Sources. Rule Number 74:36:04:22. Rule Title Source status change -- new permit required. State Effective Date 04/04/1999 State Adoption Date 02/18/1999

EPA Effective Date 05/07/2003 Notice of Final Rule Date 04/07/2003 Notice of Final Rule Citation 68 FR 16726 Comments

Rule: 74:36:04:22. Source status cha nge -- new permit required. If a minor source becomes a Part 70 source because of a relaxation in a federally enfo rceable limit on the capacity of the source or modification as defined in § 74:36:01:10, the require ments of chapter 74:36:05 apply to that source as though it were a single new source and the owner or operator shall obtain the applicable permit. Source: 12 SDR 183, effective May 21, 1986; 13 SDR 129, 13 SDR 14 1, effective July 1, 1987; transferred from § 74:26:01:02.02, 19 SDR 157, effective April 22, 1993 ; 25 SDR 123, effective April 4, 1999. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6.State South Dakota State Agency Department of Environment and Natural Resources Affected Area Statewide Regulation 74:36:04. Operating Permits for Minor Sources. Rule Number 74:36:04:23. Rule Title Reopening operating permit for cause. State Effective Date 06/28/2010 State Adoption Date

EPA Effective Date 07/28/2014 Notice of Final Rule Date 06/27/2014 Notice of Final Rule Citation 79 FR 36419 Comments

Rule: 74:36:04:23. Reopening operating permit for cause. The department may reopen an operating permit for further review if the dep artment determines that the permit contains a material mistake in establishing the emissions standards or limits or other requirements of the operating permit or the department determines that the operating permit must be revised to ensure compliance with the applicable requirements of this article and the Clean Air Act. Source: 19 SDR 157, effective April 22, 1993; 36 SDR 207, effective June 28, 2010. General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-21.State South Dakota State Agency Department of Environment and Natural Resources Affected Area Statewide Regulation 74:36:04. Operating Permits for Minor Sources. Rule Number 74:36:04:24. Rule Title Procedures to reopen operating permit. State Effective Date 04/22/1993 State Adoption Date

EPA Effective Date 12/18/1998 Notice of Final Rule Date 10/19/1998 Notice of Final Rule Citation 63 FR 55804 Comments

Rule: 74:36:04:24. Procedures to reopen operating permit. The department shall notify the source at least 30 days before reopening an operating permit issu ed to the source. The department may reopen a permit in a shorter time in an emergency. The procedures to reopen an operating permit shall follow the procedural requirements to issue an initial permit and shall affect only those parts of the permit for which cause to reopen exists. Source: 19 SDR 157, effective April 22, 1993. General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-21.State South Dakota State Agency Department of Environment and Natural Resources Affected Area Statewide Regulation 74:36:04. Operating Permits for Minor Sources. Rule Number 74:36:04:27. Rule Title Operating permit termination, revision, and revocation. State Effective Date 06/28/2010 State Adoption Date

EPA Effective Date 07/28/2014 Notice of Final Rule Date 06/27/2014 Notice of Final Rule Citation 79 FR 36419 Comments

Rule: 74:36:04:27. Operating permit termin ation, revision, and revocation. The board, upon recommendation by the secretary, may terminate, revise, or revoke an operating permit for a violation of this article or nonpayment of any outstanding enforcement penalty. Source: 19 SDR 157, effective April 22, 1993; 36 SDR 207, effective June 28, 2010. General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-21.State South Dakota State Agency Department of Environment and Natural Resources Affected Area Statewide Regulation 74:36:04. Operating Permits for Minor Sources. Rule Number 74:36:04:28. Rule Title Notice of operating noncompliance -- Contents. State Effective Date 04/22/1993 State Adoption Date

EPA Effective Date 12/18/1998 Notice of Final Rule Date 10/19/1998 Notice of Final Rule Citation 63 FR 55804 Comments

Rule: 74:36:04:28. Notice of operati ng noncompliance -- Contents. If the department determines that the operation of a source is not in comp liance with this article, the Clean Air Act, or permit conditions, the department may issue a notice of such a finding to the permit holder or operator of the source. The notice must contain citations to the rules, statutes, or permit conditions violated and the alleged facts upon which the determination is based. The secretar y, with the concurrence of the alleged violator, may settle an issue of noncompliance by entering in to a compliance agreement with the source that specifies the date for final compliance of the sour ce and any penalties under SDCL 34A-1-39. If a compliance agreement can not be negotiated, the dep artment may petition the chairman of the board for a contested case hearing or may file a civil penalty or injunctive action in circuit court. Source: 2 SDR 40, effective December 7, 1975; transf erred from § 34:10:01: 39, 7 SDR 4, effective July 27, 1980; transferred from § 44 :10:01:47, effective July 1, 1981; 10 SDR 68, effective January 5, 1984; 13 SDR 129, 13 SDR 141, effective July 1, 1987; transferred from § 74:26:01:47, 19 SDR 157, effective April 22, 1993. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 1-26-20, 34A-1-53.State South Dakota State Agency Department of Environment and Natural Resources Affected Area Statewide Regulation 74:36:04. Operating Permits for Minor Sources. Rule Number 74:36:04:29. Rule Title Petition for contested case on alleged violation. State Effective Date 04/22/1993 State Adoption Date

EPA Effective Date 12/18/1998 Notice of Final Rule Date 10/19/1998 Notice of Final Rule Citation 63 FR 55804 Comments

Rule: 74:36:04:29. Petition for contested case on alleged violation. In accordance with § 74:36:04:28, the department may file a petition containing the info rmation required in article 74:09 with the chairman to request an order directing corrective action, th at an enforcement hearing be scheduled pursuant to the provisions of chapter 74:09:01, or that th e permit be suspended or revoked for noncompliance. Source: 2 SDR 40, effective December 7, 1975; transf erred from § 34:10:01: 40, 7 SDR 4, effective July 27, 1980; transferred from § 44:10:01:48, effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 14 SDR 50, effective Octobe r 4, 1987; transferred fr om § 74:26:01:48, 19 SDR 157, effective April 22, 1993. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-47, 34A-1-49.

Footnote:

.State South Dakota State Agency Department of Environment and Natural Resources Affected Area Statewide Regulation 74:36:04. Operating Permits for Minor Sources. Rule Number 74:36:04:31. Rule Title Circumvention of emissions not allowed. State Effective Date 04/22/1993 State Adoption Date

EPA Effective Date 12/18/1998 Notice of Final Rule Date 10/19/1998 Notice of Final Rule Citation 63 FR 55804 Comments

Rule: 74:36:04:31. Circumvention of emissions not allowed. A person may not install or cause the installation or use of a device or a means which conc eals or dilutes an emission of air pollutants that would otherwise violate this article or the Clean Ai r Act. This includes operating a source, unit, or control device which emits pollutants into the ambient air from an opening other than the stack, vent, or equivalent opening from which they were designed to be emitted. Source: SL 1975, ch 16, § 1; 2 SDR 40, effective Dece mber 7, 1975; transferred from § 34:10:01:03, 7 SDR 4, effective July 27, 1980; transferred from § 44:10:01:07, effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; transferred from § 74:26:01:07, 19 SDR 157, effective April 22, 1993. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.State South Dakota State Agency Department of Environment and Natural Resources Affected Area Statewide Regulation 74:36:04. Operating Permits for Minor Sources. Rule Number 74:36:04:32. Rule Title General permits. State Effective Date 06/28/2010 State Adoption Date

EPA Effective Date 07/28/2014 Notice of Final Rule Date 06/27/2014 Notice of Final Rule Citation 79 FR 36419 Comments

Rule: 74:36:04:32. General permits. The secretary may issue a general permit to a category of air pollution sources that meets the following: (1) Involve the same or substant ially similar type s of operations; (2) Require the same or similar type of air emission limits; and (3) Require the same or similar record keeping and monitoring. If a general permit has been issued by the secretar y, all sources covered by the general permit shall apply for permission to operate under the general permit. Such sources may not be constructed or operate until they are granted coverage under the general permit, or until they obtain an individual permit if required by the secretary. Source: 30 SDR 26, effective September 1, 2003; 36 SDR 207, effective June 28, 2010. General Authority: SDCL 34A-1-21. Law Implemented: SDCL 34A-1-56. Note: The procedural requirements for obtaining a gener al permit under this chapter are similar to the procedural requirements for a minor source, such as a timely and complete application, completeness review, public participation, and departmental re commendation, as outlined in §§ 74:36:04:06 to 74:36:04:14, inclusive.State South Dakota State Agency Department of Environment and Natural Resources Affected Area Statewide Regulation 74:36:04. Operating Permits for Minor Sources. Rule Number 74:36:04:33. Rule Title Secretary may require an individual permit. State Effective Date 09/01/2003 State Adoption Date 07/17/2003

EPA Effective Date 07/09/2004 Notice of Final Rule Date 05/10/2004 Notice of Final Rule Citation 69 FR 25839 Comments

Rule: 74:36:04:33. Secretary may require an individual permit. The secretary may require any source applying for a general permit or operating under a general permit to apply for and obtain an individual air quality permit. Individual air quality permits ma y be required at the discretion of the secretary, including under the following circumstances; (1) The owner or operator is not in compliance with the conditions of its existing individual air permit prior to applying for the general permit; or (2) The owner or operator is not in compli ance with the conditions of the general permit. Source: 30 SDR 26, effective September 1, 2003. General Authority: SDCL 34A-1-21. Law Implemented: SDCL 34A-1-56.State South Dakota State Agency Department of Environment and Natural Resources Affected Area Statewide Regulation 74:36:06. Regulated Air Pollutant Emissions. Rule Number 74:36:06:01. Rule Title Applicability. State Effective Date 01/05/1995 State Adoption Date

EPA Effective Date 12/18/1998 Notice of Final Rule Date 10/19/1998 Notice of Final Rule Citation 63 FR 55804 Comments

Rule: 74:36:06:01. Applicability. Any unit required to be permitted under this article must comply with the standards and requirements in th is chapter except as otherwise specified in chapter 74:36:07, 74:36:08, 74:36:09, 74:36:10, or 74:36:16. Source: SL 1975, ch 16, § 1; transferred from § 34: 10:07:01, 7 SDR 4, effective July 27, 1980; transferred from § 44:10:07:01, ef fective July 1, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; transferred from § 74:26:07: 01, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6.State South Dakota State Agency Department of Environment and Natural Resources Affected Area Statewide Regulation 74:36:06. Regulated Air Pollutant Emissions. Rule Number 74:36:06:02. Rule Title Allowable emissions for fuel-burning units. State Effective Date 04/04/1999 State Adoption Date 02/18/1999

EPA Effective Date 05/07/2003 Notice of Final Rule Date 04/07/2003 Notice of Final Rule Citation 68 FR 16726 Comments

Rule: 74:36:06:02. Allowable emissi ons for fuel-burning units. An owner or operator of a fuel-burning unit may not cause or permit emissions of the following regulated air pollutants from the combustion ofsolid, gaseous, or liquid fuels that exceed the following allowable emissions limits that apply to the fuelburning unit: (1) Particulate matter: (a) A fuel-burning unit with heat input values less than 10 million Btus pe r hour may not exceed .6 pounds of particulate matter pe r million Btus of heat input; and (b) A fuel-burning unit with a heat input equal to or greater than 10 millio n Btus per hour may not exceed the particulate emissions rate determined by the following equation:

E = 0.811H - 0.131 , where E = the allowable particulate em issions rate in poun ds per million Btus of heat input and H = heat input in millions of Btus per hour; (2) Sulfur dioxide: A fuel-burning unit may not emit sulfur dioxide emissions to the ambient air in an amount greater than three pounds of sulfur dioxide per million Btus of heat input to the unit based on a three-hour rolling av erage, which is the arithm etic average of three c ontiguous one-hour periods. Source: SL 1975, ch 16, § 1; transferred from § 34: 10:07:03, 7 SDR 4, effective July 27, 1980; transferred from § 44:10:07:03, ef fective July 1, 1981; 11 SDR 151, effective May 12, 1985; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 16 S DR 88, effective November 14, 1989; 17 SDR 170, effective May 13, 1991; transferred from §§ 74:26:06:02.01 and 74 :26:07:03, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April 4, 1999. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6.State South Dakota State Agency Department of Environment and Natural Resources Affected Area Statewide Regulation 74:36:06. Regulated Air Pollutant Emissions. Rule Number 74:36:06:03. Rule Title Allowable emissions for process industry units. State Effective Date 04/04/1999 State Adoption Date 02/18/1999

EPA Effective Date 05/07/2003 Notice of Final Rule Date 04/07/2003 Notice of Final Rule Citation 68 FR 16726 Comments

Rule: 74:36:06:03. Allowable emissions for process industry units. An owner or operat or who operates a process industry unit may not cause or permit emis sions of the following regulated air pollutants from any unit in excess of the amount ex pressed in the equation allocated to the unit listed in this section: (1) Particulate matter: (a) The allowable particulate emissions rate for proc ess industry units with process weight rates up to 60,000 pounds per hour shall be determined by use of the following equation:

E = 4.10 x P 0.67 , and (b) The allowable particulate emissions rate for pr ocess industry units with process weight rates in excess of 60,000 pounds per hour shall be determined by use of the following equation: E = [55.0 x P 0.11 ] - 40, where E = the rate of emission in pounds per hour and P = process weight rate in tons per hour; (2) Sulfur dioxide: A process unit which uses combus tible fuel may not emit sulfur dioxide emissions to the ambient air in an amount great er than three pound s of sulfur dioxide per m illion Btus of heat input to the unit based on a three-hour rolling average, wh ich is the arithmetic average of three contiguous one-hour periods. Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from §§ 34:10:06:08 and 34:10:07:03, 7 SDR 4, effective July 27, 1980; transferred from §§ 44:10 :06:05 and 44:10:07:03, effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 16 SDR 88, effective November 14, 1989; 17 SDR 170, effective May 13 , 1991; transferred from §§ 74:26:06:05 and74:26:07:03, 19 SDR 157, effectiv e April 22, 1993; 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April 4, 1999. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6.State South Dakota State Agency Department of Environment and Natural Resources Affected Area Statewide Regulation 74:36:06. Regulated Air Pollutant Emissions. Rule Number 74:36:06:04. Rule Title Particulate emission restrictions for incinerators and waste wood burners. State Effective Date 01/02/2005 State Adoption Date

EPA Effective Date 10/13/2006 Notice of Final Rule Date 08/14/2006 Notice of Final Rule Citation 71 FR 46403 Comments

Rule: 74:36:06:04. Particulate emission restrictio ns for incinerators and waste wood burners. An owner or operator may not cause or permit an incinera tor or wood waste burner to emit a regulated air pollutant of a density greater than that designated as 20 percent opacity. No other emission limits apply to these sources except those in chapters 74:36:07 and 74:36:08. Source: SL 1975, ch 16, § 1; 2 SDR 40, effective Dece mber 7, 1975; transferred from § 34:10:06:01, 7 SDR 4, effective July 27, 1980; transferred from § 44:10:06:01, effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 16 SDR 88, effe ctive November 14, 1989; 17 SDR 170, effective May 13, 1991; transferred from § 74:26:06:01, 19 SDR 157 , effective April 22, 1993; 31 SDR 101, effective January 2, 2005. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6.State South Dakota State Agency Department of Environment and Natural Resources Affected Area Statewide Regulation 74:36:06. Regulated Air Pollutant Emissions. Rule Number 74:36:06:05. Rule Title Most stringent interpretation applicable. State Effective Date 04/22/1993 State Adoption Date

EPA Effective Date 12/18/1998 Notice of Final Rule Date 10/19/1998 Notice of Final Rule Citation 63 FR 55804 Comments

Rule: 74:36:06:05. Most stringent interpretation applicable. If the nature of any unit or the design of any equipment permits more than one interpretation of the limits of this chapter, the interpretation that results in the most stringent value for the allowable emissions shall apply. Source: SL 1975, ch 16, §1; 2 SDR 40, effective Decemb er 7, 1975; transferred from § 34:10:06:10, 7 SDR 4, effective July 27, 1980; transferred from § 44:10:06:07, effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 17 SDR 170, effe ctive May 13, 1991; transferred from § 74:26:06:07, 19 SDR 157, effective April 22, 1993. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6.State South Dakota State Agency Department of Environment and Natural Resources Affected Area Statewide Regulation 74:36:06. Regulated Air Pollutant Emissions. Rule Number 74:36:06:06. Rule Title Stack performance test. State Effective Date 01/02/2005 State Adoption Date

EPA Effective Date 10/13/2006 Notice of Final Rule Date 08/14/2006 Notice of Final Rule Citation 71 FR 46403 Comments

Rule: 74:36:06:06. Stack performance test. A unit subject to this chapte r must follow the requirements in chapter 74:36:11 for stack performance tests. A stac k performance test is required under the following conditions: (1) A new unit or modification of an existing source with the potential to emit any of the regulated pollutants greater than 100 tons per year shall conduct a stack performance test to determine compliance with the applicable standard; (2) A unit that emits any regulated pollutants may be required to conduct a stack performance test to determine compliance with all applicable emission stan dards upon renewal of a pe rmit to operate or at the discretion of the secretary. Source: SL 1975, ch 16, § 1; 2 SDR 40, effective Dece mber 7, 1975; transferred from § 34:10:05:02, 7 SDR 4, effective July 27, 1980; transferred from § 44:10:05:02, effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; transferred from § 74:26:05:02, 19 SDR 157, effective April 22, 1993; 31 SDR 101, effective January 2, 2005. General Authority: SDCL 34A-1-6, 34A-1-12. Law Implemented: SDCL 34A-1-12.State South Dakota State Agency Department of Environment and Natural Resources Affected Area Statewide Regulation 74:36:06. Regulated Air Pollutant Emissions. Rule Number 74:36:06:07. Rule Title Open burning practices prohibited. State Effective Date 04/04/1999 State Adoption Date 02/18/1999

EPA Effective Date 05/07/2003 Notice of Final Rule Date 04/07/2003 Notice of Final Rule Citation 68 FR 16726 Comments

Rule: 74:36:06:07. Open burning practices prohibited. The following open burning practices are prohibited: (1) A person may not burn waste oils, rubber, wast e tires, tarpaper, or asphalt shingles. For the purposes of this subdivision, waste oil means any o il that has been refined from crude oil, used, or contaminated by physical or chemical impurities. An exception for crude oil is allowed as a remediation alternative for soils contaminated with crude oil if a person submits the in formation requested in § 74:10:05:11.04 and the secretary approves the alternative remediation process; (2) A municipality or county governmental agency may not burn municipal solid waste unless exempted by the small town exemption in accordance with § 74:27:12:25; (3) A person may not conduct or permit the operati on of a salvage operation by open burning, except as allowed in article 74:27; and (4) A person may not burn railroad ties or wood treated with inorganic arsenicals, pentacholorophenol, or creosols. Open burning of any other material must be conducted in accordance with all applicable local ordinances and state laws and rules. Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from §§ 34:10:04:02 and 34:10:04:08, 7 SDR 4, effective July 27, 1980; transferred from §§ 44:10 :04:02 and 44:10:04:08, effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 17 SDR 170, effective May 13, 1991; transferred from §§ 74:26:04 :02 and 74:26:04:08, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; transferred from § 74:36:15:01, 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999. General Authority: SDCL 34A-1-6, 34A-1-18. Law Implemented: SDCL 34A-1-18. Cross-References: Promulgation of rules -- Factors for cons ideration -- Scope -- Open burning, SDCL 34A-6-1.6; Open burning restrictions, § 74:27:13:11.State South Dakota State Agency Department of Environment and Natural Resources Affected Area Statewide Regulation 74:36:07. New Source Performance Standards. Rule Number 74:36:07:08. Rule Title Ash disposal requirements. State Effective Date 12/29/1996 State Adoption Date 11/20/1996

EPA Effective Date 06/21/2000 Notice of Final Rule Date 05/22/2000 Notice of Final Rule Citation 65 FR 32033 Comments

Rule: 74:36:07:08. Ash disposal requirements. All ash generated at a municipal waste combustor must be disposed of in accordance with article 74:27. Source: 17 SDR 69, effective November 22, 1990; transferred from § 74:26:26:02, 19 SDR 157, effective April 22, 1993; 23 SDR 106, effective December 29, 1996. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.State South Dakota State Agency Department of Environment and Natural Resources Affected Area Statewide Regulation 74:36:07. New Source Performance Standards. Rule Number 74:36:07:29. Rule Title Operating requirements for wire reclamation furnaces. State Effective Date 04/22/1993 State Adoption Date

EPA Effective Date 11/06/1995 Notice of Final Rule Date 09/06/1995 Notice of Final Rule Citation 60 FR 46222 Comments

Rule: 74:36:07:29. Operating requirements for wire reclamation furnaces. New wire reclamation furnaces shall be equipped with a secondary cham ber or afterburner which provides for turbulent mixing and a two-second residence time at 2200 degrees Fahrenheit or greater. New wire reclamation furnaces shall meet applic able emission standards during all phases of operation, and the secondary combustion chamber or combustion zone temperature shall be maintained at required levels un til waste is completely combusted. Source: 19 SDR 157, effective April 22, 1993. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.State South Dakota State Agency Department of Environment and Natural Resources Affected Area Statewide Regulation 74:36:07. New Source Performance Standards. Rule Number 74:36:07:30. Rule Title Monitoring requirements for wire reclamation furnaces. State Effective Date 04/22/1993 State Adoption Date

EPA Effective Date 11/06/1995 Notice of Final Rule Date 09/06/1995 Notice of Final Rule Citation 60 FR 46222 Comments

Rule: 74:36:07:30. Monitoring requirement s for wire reclamation furnaces. An owner or operator of a new regulated wire reclamation furnace shall insta ll, calibrate, operate, and maintain devices which continuously monitor and record the temperature of gases leaving the secondary or final combustion chamber. Such devices must have an accuracy of plus or minus 25 degrees Fahrenheit. Flames from the burners may not impact the temperature sensors. Source: 19 SDR 157, effective April 22, 1993. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-11.State South Dakota State Agency Department of Environment and Natural Resources Affected Area Statewide Regulation 74:36:09. Prevention of Significant Deterioration. Rule Number 74:36:09:01. Rule Title Applicability. State Effective Date 09/18/2006 State Adoption Date

EPA Effective Date 01/22/2008 Notice of Final Rule Date 12/21/2007 Notice of Final Rule Citation 72 FR 72617 Comments

Rule: 74:36:09:01. Applicability. This chapter applies to all areas of the state which are designated attainment or unclassifiable pu rsuant to § 107(d)(1)(A)(ii) and (iii) of the Clean Air Act. Source: 19 SDR 157, effective April 22, 1993; 33 SDR 43, effective September 18, 2006. General Authority: SDCL 34A-1-6, 34A-1-18. Law Implemented: SDCL 34A-1-18.State South Dakota State Agency Department of Environment and Natural Resources Affected Area Statewide Regulation 74:36:09. Prevention of Significant Deterioration. Rule Number 74:36:09:01.01. Rule Title Prevention of significant deterioration permit required. State Effective Date 09/18/2006 State Adoption Date

EPA Effective Date 01/22/2008 Notice of Final Rule Date 12/21/2007 Notice of Final Rule Citation 72 FR 72617 Comments

Rule: 74:36:09:01.01. Prevention of significa nt deterioration permit required. New major stationary sources or major modifications to existing major stat ionary sources that locate in an attainment or unclassified area must obtain a prevention of significant deterioration permit prior to beginning actual construction. Source: 30 SDR 26, effective September 1, 2003; 33 SDR 43, effective September 18, 2006. General Authority: SDCL 34A-1-6, 34A-1-18. Law Implemented: SDCL 34A-1-18.State South Dakota State Agency Department of Environment and Natural Resources Affected Area Statewide Regulation 74:36:09. Prevention of Significant Deterioration. Rule Number 74:36:09:02. Rule Title Prevention of Significant Deterioration. State Effective Date 06/25/2013 State Adoption Date

EPA Effective Date 03/02/2015 Notice of Final Rule Date 01/29/2015 Notice of Final Rule Citation 80 FR 4799 Comments

Rule: 74:36:09:02. Prevention of significant deterioration . For the purposes of th is chapter, the state's definitions and requirements for the prevention of significant deterioration are those in 40 C.F.R. § 52.21 (July 1, 2012), except for 40 C.F.R. § 52.2l(a)(l), a)(2)(iv)(e), (b)( 2)(iii)(h), (b)(3)( iii)(b), (b)(32), (b) (42), (b)(55), (b)(56), (b)(57), (b)(58), (f), (k)(2), (q), (s), (t), (u), (x), (y), (z), and (cc) (July 1, 2012) with the following differences: (1) For the purposes of this section, all terms defin ed in this section have the meaning defined in 40 C.F.R. § 52.21, except for the term "administrat or" which means the secretary with the following exceptions: (a) In 40 C.F.R. §§ 52.21(b)(3)( iii) and 52.2l(b)(37)(iii), the term administrator" means either the secretary or the administrator of EPA, as applicable; (b) In 40 C.F.R. §§ 52.21(w)(2) to 52.21(w)(4), inclusive, the te rm administrator" means either the secretary or the administrator of EPA, as applicable; (c) In 40 C.F.R. §§ 52.21(b)(l 7); 52.21(b)(37)(i); 52.21(b) (43); 52.21(b)(48)(ii)(c); 52.21(b)(50)(i); 52.2l (g)(l) to 52.21(g)(6), inclusive; 52.21(1)(2); and 52.21(p)(2 ) the term "administrator" means the administrator of EPA; (2) For the purposes of this section, the term "Act" means the Clean Air Act; (3) For the purposes of this section, in 40 C.F.R. § 52.21(c), the Class I Areas in South Dakota are Wind Cave National Park and the Badlands National Park; (4) For the purposes of this sect ion, 40 C.F.R. § 52. 21(b)(2)(iii)(a) is incorporated by reference excluding the second sentence which states, "R outine maintenance, repair and replacement shall include, but not be limited to, any activity(s) that m eets the requirements of the equipment replacement provisions contained in paragr aph (cc) of this section"; (5) For the purposes of this section, 40 C.F.R. § 52.21(v)(l) is incorporated by reference excluding thephrase, "under 40 CFR 124.10"; and (6) For the purposes of this section, 40 C.F.R. § 52 .21(w)(l) is incorporated by reference excluding the phrase, "expires under pa ragraph (s) of this section or".Th e secretary shall transmit to the administrator of the EPA a copy of each permit applic ation subject to this section and shall notify the administrator of the EPA of each significant ac tion the secretary takes on the application. If EPA stays or withdraws the regulation of greenho use gases as identified in 40 C.F.R. § 52.2l(w)(l) (July 1, 2012), or a court iss ues an order vacating or otherwise invalidating EPA's regulation of greenhouse gases for any reason, the regulation of greenhouse gases by Article 74:36 are void as of the date of such administrative or judicial acti on and shall have no further force and effect. Source : 19 SOR 157, effective April 22, 1993; 21 SO R 119, effective January 5, 1995; 30 SOR 26, effective September l, 2003; 31 SOR 101, effective January 2, 2005; 33 SOR 43, effective September 18, 2006; 33 SOR 217, effective June 13, 2007; 36 SOR 207, effective June 28, 2010; 37 SOR 182, effective April 20, 2011; 39 SOR 219, effective June 25, 2013. General Authority : SOCL 34A-1-6, 34A-1-18. Law Implemented : SOCL 34A-1-18.State South Dakota State Agency Department of Environment and Natural Resources Affected Area Statewide Regulation 74:36:09. Prevention of Significant Deterioration. Rule Number 74:36:09:03. Rule Title Public Participation. State Effective Date 06/25/2013 State Adoption Date

EPA Effective Date 03/02/2015 Notice of Final Rule Date 01/29/2015 Notice of Final Rule Citation 80 FR 4799 Comments

Rule: 74:36:09:03. Public participation. For the purposes of this chapter, the state's public participation procedures are those in 40 C.F.R. § 51.166(q) (July 1, 2012), excluding the phrase "The plan shall provide that..." with t he following differences: (1) For the purposes of this section, in 40 C.F.R. § 52.166(q) the phrase "reviewing authority" means the secretary; (2) For the purposes of this section, in 40 C.F.R. § 51.166(q)(1) the phrase "specified time period" means 60 days; (3) For the purposes of this section, in 40 C.F.R. § 51.166(q)(2)(iv), the term "administrator" means the administrator of EPA; (4) For the purposes of this section, in 40 C.F.R. § 51. 166(q)(2)(iii), th e phrase "Notify the public" shall consist of a public notice once in a legal newspape r in the county where the proposed source would be constructed. The public notice shall include a statement that a person may submit comments or contest the draft permit within 30 days after the publication of the notice. The statement shall also describe the procedures a person must follow to c ontest the draft permit and request a hearing in accordance with article 74:09; (5) For the purposes of this section, in 40 C.F.R. § 51.166(q)(2)(v), a public hearing is required if a person contests the draft permit or contests the secretary's final de termination and requests a hearing in accordance with article 74:09; and (6) For the purposes of this section, in 40 C.F.R. § 51. 166(q)(2)(viii), if a request for a contested case hearing is not submitted during the public notice period, the secretary shall make a final determination within 30 days of the end of the public comment peri od on the draft permit. The secretary shall notify, in writing, the applicant and each person that submitted written comments or requested notice of the final determination. The notice shall include referenc e to the procedures for contesting the final determination and requesting a hearing in accordance with article 74:09 within 30 days of receiving thesecretary's final determination. If no person comment s on a draft permit, reques ts changes, or contests the draft permit during the public notice period, th e draft permit automatically becomes the secretary's final determination and is issued at the end of the public notice period. Source: 33 SDR 43, effective September 18, 2006; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6, 34A-1-18. Law Implemented: SDCL 34A-1-18.State South Dakota State Agency Department of Environment and Natural Resources Affected Area Statewide Regulation 74:36:10. New Source Review. Rule Number 74:36:10:01. Rule Title Applicability. State Effective Date 04/22/1993 State Adoption Date

EPA Effective Date 12/18/1998 Notice of Final Rule Date 10/19/1998 Notice of Final Rule Citation 63 FR 55804 Comments

Rule: 74:36:10:01. Applicability. This chapter applies to areas of the state which are designated as nonattainment pursuant to § 107 of the Clean Air Act for any pollutant regulated under the Clean Air Act. Source: 19 SDR 157, effective April 22, 1993. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6.State South Dakota State Agency Department of Environment and Natural Resources Affected Area Statewide Regulation 74:36:10. New Source Review. Rule Number 74:36:10:02. Rule Title Definitions. State Effective Date 06/25/2013 State Adoption Date

EPA Effective Date 07/28/2014 Notice of Final Rule Date 06/27/2014 Notice of Final Rule Citation 79 FR 36419 Comments

Rule: 74:36:10:02. Definitions. For the purposes of this chapter, the definitions for new source review are those in 40 C.F.R. § 51.165(a)(1) (July 1, 2012). For the purposes of this chapter, the term, Act, means the Clean Air Act. For the purposes of this section, the term, reviewing authority, means the secretary. Source: 19 SDR 157, effective April 22, 1993; 21 SD R 119, effective January 5, 1995; 30 SDR 26, effective September 1, 2 003; 31 SDR 101, effective January 2, 2005; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6.State South Dakota State Agency Department of Environment and Natural Resources Affected Area Statewide Regulation 74:36:10. New Source Review. Rule Number 74:36:10:03.01. Rule Title New source review preconstruction permit required. State Effective Date 06/25/2013 State Adoption Date

EPA Effective Date 07/28/2014 Notice of Final Rule Date 06/27/2014 Notice of Final Rule Citation 79 FR 36419 Comments

Rule: 74:36:10:03.01. New source review preconstruction permit required. New major stationary sources or major modifications to existing major so urces must obtain a preconstruction permit before beginning actual construction if they are located in the following areas: (1) An attainment or unclassified area if the source would cause or contribute to a violation of any national ambient air quality standard; or (2) An area designated nonattainment for any national ambient air quality standard if the source is major for the pollutant for which t he area is designated nonattainment. Except as provided by a plantwide applicability limit, a proposed project is considered a major mo dification to an existing major source if the proposed project meets the criteria in 40 C.F.R. § 51.165(a)(2)(ii)(A) to (F), inclusive, (July 1, 2012). Source: 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-6, 34A-1-21. Note: The procedural requirements for obtaining a prec onstruction permit under the new source review program are similar to the procedural requirements fo r a Part 70 source, such as a timely and complete application, completeness review, statement of basis, public participation, and departmental recommendation, as outlined in §§ 74:36:05:08 to 74:36:05:20.01, inclusive.State South Dakota State Agency Department of Environment and Natural Resources Affected Area Statewide Regulation 74:36:10. New Source Review. Rule Number 74:36:10:05. Rule Title New source review preconstruction permit. State Effective Date 06/25/2013 State Adoption Date

EPA Effective Date 07/28/2014 Notice of Final Rule Date 06/27/2014 Notice of Final Rule Citation 79 FR 36419 Comments

Rule: 74:36:10:05. New source review preconstruction permit. A new source review preconstruction permit must satisfy the following criteria before beginning actual construction: (1) All requirements for new source performance st andards in chapter 74:36:07 that apply to the facility; (2) Compliance with the lowest achievable emission rate (LAER); (3) Certification of compliance th at all other major sources, major modifications, or reconstructed facilities that are owned, operated, or controlled by the applicant either in whole or in part elsewhere in the state are in compliance with all applicable emission limitations and standards; and (4) The total tonnage of increased emissions, in tons per year, resulting from a major modification that must be offset shall be determined by summing the difference between the allowable emissions after the modification and the actual emissions before the modification for each emissions unit. Emissions offsets are determined in accordance with § 74:36:10:07. The owner or operato r may apply for a plant-wide applicability limit. The procedures for a plant-wide allowable limit are those in 40 C.F.R. § 51.165(f)(1) to (f)(15), inclusive, (July 1, 2012). Approval to construct does not relieve an owner or operator of the responsibility to comply fully with applicable provisions of this article or the Clean Air Act and an y other requirements under local, state, or federal law. Submission of preconstruction monitored or projected ambient air quality data, or both, from the proposed source must accompany the permit application. In addition, air quality dispersion modeling and meteorological data for the prescribed area ma y be required by the department. Costs of these requirements must be absorbed by the proposed source. Source: 7 SDR 4, effective July 27, 1980; transferred from § 44:10:01:16, effective July 1, 1981; 8 SDR 71, effective December 21, 1981; 10 SDR 68, effective January 5, 1984; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 16 SDR 88, effective November 14, 1989; 17 SD R 170, effective May 13, 1991; transferred from § 74:26:01: 16, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 30 SDR 26, effect ive September 1, 2003; 31 SDR 101, effective January 2, 2005; 36SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6, 34A-1-22.State South Dakota State Agency Department of Environment and Natural Resources Affected Area Statewide Regulation 74:36:10. New Source Review. Rule Number 74:36:10:07. Rule Title Determining credit for emission offsets. State Effective Date 06/25/2013 State Adoption Date

EPA Effective Date 07/28/2014 Notice of Final Rule Date 06/27/2014 Notice of Final Rule Citation 79 FR 36419 Comments

Rule: 74:36:10:07. Determining credit for emission offsets. The baseline for determining credit for emission offsets is the emissi on limit in effect at the time the applic ation to construct is filed, except that the offset baseline is the actual emission of the unit from which offset credit is obtained if the demonstration of reasonable further progress and atta inment of ambient air quality standards is based upon the actual emission of sources located within a designated nonattainment area; or if there is no applicable emission limit. In determining credit for emission offs ets the following cr iteria shall be met: (1) All offsets must be for the same regulated NSR pollu tant, result in a net positive air quality benefit in the affected area, and be approved by the department before issuance of the permit, even though they need not be in effect until the source commences opera tion. The offset ratio of total actual emissions reductions to the emissions increase shall be at leas t 1 to 1 unless an alternative ratio is provided in accordance with the offset requirements in 40 C.F.R. § 51.165(a)(9)(ii) through 51.165(a)(9)(iv) (July 1, 2012); (2) External offsets or those emission limitations fr om sources not owned, operated, or controlled by an applicant for a permit shall be made through a revision of the permit conditions of the participating source or sources. At no time may the baseline be exceeded; (3) The permissible location of offsetting emissions shall be conducted in accordance with 40 C.F.R., Part 51, Appendix S, section IV.D (July 1, 2012); (4) For an existing fuel combustion unit, credit shall be based on the emission limit for the type of fuel being burned at the time the application to construct is filed. If the existi ng source agrees to switch to a cleaner fuel at some future date, emission offset credits based on the allowable or actual emissions for the fuels involved may be allowed only if permit conditions specify an alternative control measure that would achieve the same degree of emission reduction if the source switched back to the dirtier fuel at some later date; (5) Emission reductions achieved by shutting down an existing unit or curtailing produc tion or operating hours below baseline levels may be credited if the reductions are permanent, quantifiable, federallyenforceable, and the area has a fe derally-approved attainment plan. In addition, the shutdown or curtailed production must occur after August 7, 19 77, or less than one y ear before the date of submitting the permit application, whichever is ear lier. Emission reductions may be credited in the absence of a federally-approved attainment plan if t he shutdown or curtailment occurred on or after the date the application is filed for a new unit or if the applicant can establish that the proposed new unit is a replacement for the shutdown or curtailed unit , and the shutdown or curtailment occurred after August 7, 1977, or less than one year before the date of submitting the permit application, whichever is earlier; (6) Except as set forth in 40 C.F.R. § 51.165(a)(3)( ii)(D) (July 1, 2012), emission offset credit may not be allowed for replacing one hydrocarbon comp ound with another of lesser reactivity; (7) Credit for emissions reduction may be claimed to the extent that the department has not relied on it in issuing a permit or in its demonstration of attainment or reason able further progress; (8) If the emissions limit allows greater emissions t han the potential to emit of the unit, the emission offset credit is allowed only for the control below the potential to emit of the unit; and (9) All emission reductions claimed as offs et credit must be federally enforceable. Source: 7 SDR 4, effective July 27, 1980; transferred from §§ 44:10:01:15 and 44:10:01:17, effective July 1, 1981; 8 SDR 71, effective December 21, 1981; 12 SDR 183, effect ive May 21, 1986; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 17 SDR 170, effective May 13, 1991; transferred from §§ 74:26:01:15, 74:26:01:16.01, and 74 :26:01:17, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 36 SDR 207, effective June 28, 20 10; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-21, 34A-1-22.State South Dakota State Agency Department of Environment and Natural Resources Affected Area Statewide Regulation 74:36:10. New Source Review. Rule Number 74:36:10:08. Rule Title Projected actual emissions. State Effective Date 06/25/2013 State Adoption Date

EPA Effective Date 07/28/2014 Notice of Final Rule Date 06/27/2014 Notice of Final Rule Citation 79 FR 36419 Comments

Rule: 74:36:10:08. Projected actual emissions. Any owner or operator who pro poses a project for existing emissions units at a major stationary source t hat is not considered a major modification based on projected actual emissions but may result in a sign ificant emission increase shall comply with the requirements in 40 C.F.R. § 51.165(a) (6)(i) to (vi), inclusiv e, (July 1, 2012). This section does not apply to a source with a pl ant-wide applicability limit. The owner or operator shall make the information re quired to be documented in 40 C.F.R. § 51.165(a) (6)(i) to (vi), inclusive, (July 1, 2012) available fo r review upon a request for inspection by the secretary or the general public pursuant to the requi rements contained in 40 C.F.R. § 70.4(b)(3)(viii) (July 1, 2012). Source: 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6.State South Dakota State Agency Department of Environment and Natural Resources Affected Area Statewide Regulation 74:36:10. New Source Review. Rule Number 74:36:10:09. Rule Title Clean unit test for emission units subject to lowest achievable emission rate. State Effective Date 01/02/2005 State Adoption Date

EPA Effective Date 10/13/2006 Notice of Final Rule Date 08/14/2006 Notice of Final Rule Citation 71 FR 46403 Comments

Rule: 74:36:10:09. Clean unit test for emission units subject to lowest achievable emission rate. A clean unit test may be used to determine whether an emission increase at a clean unit is part of a project that is a major modification according to th e provisions in 40 C.F.R. § 51.165(c)(1) to (c)(9), inclusive, (July 1, 2003). Source: 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6.State South Dakota State Agency Department of Environment and Natural Resources Affected Area Statewide Regulation 74:36:10. New Source Review. Rule Number 74:36:10:10. Rule Title Clean unit test for emission units comparable to lowest achievable emission rate. State Effective Date 01/02/2005 State Adoption Date

EPA Effective Date 10/13/2006 Notice of Final Rule Date 08/14/2006 Notice of Final Rule Citation 71 FR 46403 Comments

Rule: 74:36:10:10. Clean unit test for emission units comparable to lowest achievable emission rate. A clean unit test may be used to determine whether an emission increase at a clean unit is part of a project that is a major modification for a clean unit that does not qualify as a clean unit under § 74:36:10:09, but is achieving a level of emission control comparable to lowest achievable emission rate as determined by the secretary in accordance wi th the provisions in 40 C.F.R. § 51.165(d)(2) to (d) (11), inclusive, (July 1, 2003). Source: 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6.State South Dakota State Agency Department of Environment and Natural Resources Affected Area Statewide Regulation 74:36:11. Performance Testing. Rule Number 74:36:11:01. Rule Title Stack performance testing or other testing methods. State Effective Date 06/25/2013 State Adoption Date

EPA Effective Date 11/02/2015 Notice of Final Rule Date 10/02/2015 Notice of Final Rule Citation 80 FR 59620 Comments

Rule: 74:36:11:01. Stack performance te sting or other testing methods. All stack performance tests or other test methods must be made in accordance with the applicable method specified in 40 C.F.R. § 60.17; Part 60, Appendix A; § 63.14; Part 63, Appendi x A; and Part 51, Appendix M (all July 1, 2012). Source: SL 1975, ch 16, § 1; 2 SDR 40, effective Decemb er 7, 1975; transferred from § 34:10:05:01, 7 SDR 4, effective July 27, 1980; transferred from § 44:10:05:01, effective July 1, 1981; 10 SDR 68, effective January 5, 1984; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 14 SDR 72, effective November 24, 1987; 16 SDR 88, effective November 14, 1989; 17 SDR 170, effective May 13, 1991; transferred from §§ 74:26:05:01, 19 SDR 157, effective April 22, 1993 ; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 1996; 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2 003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 36 SDR 207, effective June 28, 20 10; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6, 34A-1-12. Law Implemented: SDCL 34A-1-12.State South Dakota State Agency Department of Environment and Natural Resources Affected Area Statewide Regulation 74:36:11. Performance Testing. Rule Number 74:36:11:02. Rule Title Secretary may require performance tests. State Effective Date 12/29/1996 State Adoption Date 11/20/1996

EPA Effective Date 12/18/1998 Notice of Final Rule Date 10/19/1998 Notice of Final Rule Citation 63 FR 55804 Comments

Rule: 74:36:11:02. Secretary may require performance tests. The secretary may conduct or require a performance test of emissions, including stack sa mpling, for air pollutants from any source to determine compliance with regulated pollutant emissi on standards. Upon the request of the secretary, the owner or operator of the source to be tested must provide necessary ports in stacks or ducts and any other safe and applicable sampling and testing facilities necessar y for determination of the emissions of air pollutants. The results of the requ ired performance test must be submitted to the department within 60 days after the completion of the performance test or as designated by the department. Source: SL 1975, ch 16, § 1; 2 SDR 40, effective Dece mber 7, 1975; transferred from § 34:10:05:02, 7 SDR 4, effective July 27, 1980; transferred from § 44:10:05:02, effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; transferred from § 74:26:05:02, 19 SDR 157, effective April 22, 1993; 23 SDR 106, effective December 29, 1996. General Authority: SDCL 34A-1-6, 34A-1-12. Law Implemented: SDCL 34A-1-12.State South Dakota State Agency Department of Environment and Natural Resources Affected Area Statewide Regulation 74:36:11. Performance Testing. Rule Number 74:36:11:03. Rule Title Notice to department of performance test. State Effective Date 12/29/1996 State Adoption Date 11/20/1996

EPA Effective Date 12/18/1998 Notice of Final Rule Date 10/19/1998 Notice of Final Rule Citation 63 FR 55804 Comments

Rule: 74:36:11:03. Notice to depart ment of performance test. The owner or o perator of an af fected facility shall notify the department at least 10 days before the start of a performance test to arrange for an agreeable test date when a department representative may observe the test. Source: 19 SDR 157, effective April 22, 1993; 23 SDR 106, effective December 29, 1996. General Authority: SDCL 34A-1-6, 34A-1-12. Law Implemented: SDCL 34A-1-12.State South Dakota State Agency Department of Environment and Natural Resources Affected Area Statewide Regulation 74:36:11. Performance Testing. Rule Number 74:36:11:04. Rule Title Testing new fuels or raw materials. State Effective Date 04/04/1999 State Adoption Date 02/18/1999

EPA Effective Date 04/03/2000 Notice of Final Rule Date 02/03/2000 Notice of Final Rule Citation 65 FR 5264 Comments

Rule: 74:36:11:04. Testing new fuels or raw materials. The owner or operator of a permitted source may request permission to test a new fuel or raw material to determine if it is compatible with existing equipment and to determine air emission rates before requesting a permit amendment or modification. A complete request shall consist of: (1) A written proposal that describes the new fuel or raw material; (2) An estimate of the ty pe and amount of regulated air pollutant emissions that will result from the change; and (3) The schedule for conducting the test and the duration of the test. In most cases the owner or operator will be allowed to test for a maximum of one week. A request for a test period longer than one week will need addit ional justification. A test pe riod shall not exceed 180 days. Within 45 days after receipt of a complete proposal to conduct a test, the department shall notify the owner or operator in writing as to whether or no t the department approves the test. If approved, the department's written response shall specify the sche dule for conducting the test and outline the test requirements. The requirements may include performa nce testing, visible emission evaluation, fuel analysis, dispersion modeling, and monitoring of raw material or fuel rates. If the department determines that the change w ill increase an emission of a regulated air pollutant or result in the emission of an additional regulated ai r pollutant, the department shall give public notice of the proposed test for 30 days. The department sha ll consider all comments received during the 30-day public comment period before making a final decision on the test. The department will not approve a test if the test would cause or cont ribute to a violation of a national ambient air quality standard. Source: 23 SDR 106, effective December 29, 1996 ; 25 SDR 123, effective April 4, 1999. General Authority: SDCL 34A-1-6.Law Implemented : SDCL 345A-1-6, 34A-1-12, 34A-1-21.State South Dakota State Agency Department of Environment and Natural Resources Affected Area Statewide Regulation 74:36:12. Control of Visible Emissions. Rule Number 74:36:12:01. Rule Title Restrictions on visible emissions. State Effective Date 06/25/2013 State Adoption Date

EPA Effective Date 11/02/2015 Notice of Final Rule Date 10/02/2015 Notice of Final Rule Citation 80 FR 59620 Comments

Rule: 74:36:12:01. Restrictions on visible emissions. The owner or operator of a source may not discharge into the ambient air from a single unit of em issions an air pollutant of a density equal to or greater than that designated as 20 percent opacity, as established by the Environmental Protection Agency's Method 9 in 40 C.F.R. Part 60, Appendix A (July 1, 2012). Source: SL 1975, ch 16, § 1; transferred from § 34: 10:03:01, 7 SDR 4, effective July 27, 1980; transferred from § 44:10:03:01, ef fective July 1, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 17 SDR 170, effective May 13, 1991; transferr ed from § 74:26:03:01, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April 4, 1999; 26 SDR 168, effective June 27, 2000; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6.State South Dakota State Agency Department of Environment and Natural Resources Affected Area Statewide Regulation 74:36:12. Control of Visible Emissions. Rule Number 74:36:12:02. Rule Title Exceptions to restrictions. State Effective Date 06/25/2013 State Adoption Date

EPA Effective Date 11/02/2015 Notice of Final Rule Date 10/02/2015 Notice of Final Rule Citation 80 FR 59620 Comments

Rule: 74:36:12:02. Exceptions to restrictions. The provisions of § 74:36:12:01 do not apply in the following circumstances: (1) If the presence of uncombined water is the only reason for failure to meet the requirements of § 74:36:12:01; (2) If smoke is emitted for the purpose of training or research and is approved by the department; and (3) For brief periods during soot blowing, start-up, shut-down, and malfunctions. Source: SL 1975, ch 16, § 1; transferred from § 34: 10:03:03, 7 SDR 4, effective July 27, 1980; transferred from § 44:10:03:03, ef fective July 1, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; transferred from § 74:26:03: 03, 19 SDR 157, effective April 22, 1993; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6.State South Dakota State Agency Department of Environment and Natural Resources Affected Area Statewide Regulation 74:36:12. Control of Visible Emissions. Rule Number 74:36:12:03. Rule Title Exceptions granted to alfalfa pelletizers or dehydrators. State Effective Date 06/25/2013 State Adoption Date

EPA Effective Date 11/02/2015 Notice of Final Rule Date 10/02/2015 Notice of Final Rule Citation 80 FR 59620 Comments

Rule: 74:36:12:03. Exceptions granted to alfalfa palletizes or dehydrators. The owner or operator of a facility that pelletizes or dehydrates al falfa, or that does both, may dischar ge into the ambient air an air pollutant of a density no greater than 30 percen t opacity, as established by the Environmental Protection Agency's Method 9 in 40 C.F.R. Part 60, Appendix A (July 1, 2012). Source: 8 SDR 133, effective April 18, 1982; 11 SDR 151, effective May 12, 1985; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 17 SDR 170, effe ctive May 13, 1991; transferred from § 74:26:03:05, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6.State South Dakota State Agency Department of Environment and Natural Resources Affected Area Statewide Regulation 74:36:13. Continuous Emission Monitoring Systems. Rule Number 74:36:13:01. Rule Title Secretary may require continuous emission monitoring systems (CEMS). State Effective Date 04/22/1993 State Adoption Date

EPA Effective Date 12/18/1998 Notice of Final Rule Date 10/19/1998 Notice of Final Rule Citation 63 FR 55804 Comments

Rule: 74:36:13:01. Secretary may require contin uous emission monitoring systems (CEMS). The secretary may require major stationary air pollution sour ces to install, calibrate , operate, and maintain equipment approved by the department for the cont inuous monitoring and recording of emission data to determine compliance with a regulated air pollutant standard or where there is reason to believe there is a violation. Source: 19 SDR 157, effective April 22, 1993. General Authority: SDCL 34A-1-6, 34A-1-12. Law Implemented: SDCL 34A-1-12.State South Dakota State Agency Department of Environment and Natural Resources Affected Area Statewide Regulation 74:36:13. Continuous Emission Monitoring Systems. Rule Number 74:36:13:02. Rule Title Minimum performance specifications for all continuous emission monitoring systems. State Effective Date 06/25/2013 State Adoption Date

EPA Effective Date 11/02/2015 Notice of Final Rule Date 10/02/2015 Notice of Final Rule Citation 80 FR 59620 Comments

Rule: 74:36:13:02. Minimum performance specificati ons for all continuous emission monitoring systems. Minimum performance specifications for all continuous emission monitoring systems are those contained in 40 C.F.R. Part 60, Append ix B and 40 C.F.R. § 60.13 (July 1, 2012). Source: 19 SDR 157, effective April 22, 1993; 21 SD R 119, effective January 5, 1995; 26 SDR 168, effective June 27, 2000; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6, 34A-1-12. Law Implemented: SDCL 34A-1-12.State South Dakota State Agency Department of Environment and Natural Resources Affected Area Statewide Regulation 74:36:13. Continuous Emission Monitoring Systems. Rule Number 74:36:13:03. Rule Title Reporting requirements. State Effective Date 06/25/2013 State Adoption Date

EPA Effective Date 11/02/2015 Notice of Final Rule Date 10/02/2015 Notice of Final Rule Citation 80 FR 59620 Comments

Rule: 74:36:13:03. Reporting requirements. Owners or operators of those sources required to install continuous emission monitoring systems shall observe the reportin g requirements contained in 40 C.F.R. § 60.7 (July 1, 2012). All records must be made available to the department on request. Source: 19 SDR 157, effective April 22, 1993; 21 SD R 119, effective January 5, 1995; 26 SDR 168, effective June 27, 2000; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6, 34A-1-12. Law Implemented: SDCL 34A-1-12.State South Dakota State Agency Department of Environment and Natural Resources Affected Area Statewide Regulation 74:36:13. Continuous Emission Monitoring Systems. Rule Number 74:36:13:04. Rule Title Notice to department of exceedance. State Effective Date 06/25/2013 State Adoption Date

EPA Effective Date 11/02/2015 Notice of Final Rule Date 10/02/2015 Notice of Final Rule Citation 80 FR 59620 Comments

Rule: 74:36:13:04. Notice to department of exceedance. Any emissions that exceed the standards listed in 40 C.F.R. Part 60 (July 1, 2012) or this arti cle that are detected through continuous emission monitoring systems (CEMS) must be reported to the department within t he time constraints as determined by the se cretary in the permit to operate. Source: 19 SDR 157, effective April 22, 1993; 21 SD R 119, effective January 5, 1995; 26 SDR 168, effective June 27, 2000; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6, 34A-1-12. Law Implemented: SDCL 34A-1-12.State South Dakota State Agency Department of Environment and Natural Resources Affected Area Statewide Regulation 74:36:13. Continuous Emission Monitoring Systems. Rule Number 74:36:13:05. Rule Title Compliance determined by data from continuous emission monitor. State Effective Date 04/22/1993 State Adoption Date

EPA Effective Date 12/18/1998 Notice of Final Rule Date 10/19/1998 Notice of Final Rule Citation 63 FR 55804 Comments

Rule: 74:36:13:05. Compliance determined by data from continuous emission monitor. The emissions data from a continuous emission monitor on a unit shall be used to monitor compliance. The compliance requirements for the continuous emission m onitor data shall be placed in the conditions of the permit to operate. Source: 19 SDR 157, effective April 22, 1993. General Authority: SDCL 34A-1-6, 34A-1-12. Law Implemented: SDCL 34A-1-12.State South Dakota State Agency Department of Environment and Natural Resources Affected Area Statewide Regulation 74:36:13. Continuous Emission Monitoring Systems. Rule Number 74:36:13:06. Rule Title Compliance certification. State Effective Date 06/25/2013 State Adoption Date

EPA Effective Date 11/02/2015 Notice of Final Rule Date 10/02/2015 Notice of Final Rule Citation 80 FR 59620 Comments

Rule: 74:36:13:06. Compliance certification. Notwithstanding any other provis ion in any plan approved by the administrator, for the purpose of submission of compliance certifications an owner or operator may use monitoring as required under 40 C.F.R. § 70 .6(a)(3) (July 1, 2012) and incorporated into a federally enforceable operating permit in addition to any specified compliance methods. Source: 21 SDR 119, effective January 5, 1995; 31 SD R 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6, 34A-1-12. Law Implemented: SDCL 34A-1-12.State South Dakota State Agency Department of Environment and Natural Resources Affected Area Statewide Regulation 74:36:13. Continuous Emission Monitoring Systems. Rule Number 74:36:13:07. Rule Title Credible evidence. State Effective Date 06/25/2013 State Adoption Date

EPA Effective Date 11/02/2015 Notice of Final Rule Date 10/02/2015 Notice of Final Rule Citation 80 FR 59620 Comments

Rule: 74:36:13:07. Credible evidence. Notwithstanding any othe r provision, any credible evidence may be used for the purpose of establishing whether a person has violat ed or is in violation of a plan. Credible evidence is as follows: (1) Information from the use of the following method s is presumptively credible evidence of whether a violation has occurred at the source: (a) A monitoring method approved for the source pursuan t to 40 C.F.R. § 70.6(a)(3) (July 1, 2012) and incorporated in a federally enforceable operating permit; (b) Compliance methods specified in the applicable plan; and (2) The following testing, monitoring, or information gathering methods are presumptively credible testing, monitoring, or information-gathering methods; (a) Any federally enforceable monitoring or testing me thods, including those in 40 C.F.R. Parts 51, 60, 61, and 75 (July 1, 2012); (b) Other testing, monitoring, or information-gatheri ng methods that produce information comparable to that produced by any method in subdivis ion (1) or (2)(a) of this section. Source: 21 SDR 119, effective January 5, 1995; 26 SDR 168, effective June 27, 2000; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective Ju ne 13, 2006; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6, 34A-1-12. Law Implemented: SDCL 34A-1-12.State South Dakota State Agency Department of Environment and Natural Resources Affected Area Statewide Regulation 74:36:13. Continuous Emission Monitoring Systems. Rule Number 74:36:13:08. Rule Title Compliance assurance monitoring. State Effective Date 06/25/2013 State Adoption Date

EPA Effective Date 11/02/2015 Notice of Final Rule Date 10/02/2015 Notice of Final Rule Citation 80 FR 59620 Comments

Rule: 74:36:13:08. Compliance assurance monitoring. The owner or operator of a un it that is subject to 40 C.F.R. § 64.2 (July 1, 2012), must comply with 40 C. F.R. §§ 64.1 and 64.3 to 64.10, inclusive, (July 1, 2012). Source: 25 SDR 123, effective April 4, 1999; 26 S DR 168, effective June 27, 2000; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective Ju ne 13, 2006; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6, 34A-1-12. Law Implemented: SDCL 34A-1-12.State South Dakota State Agency Department of Environment and Natural Resources Affected Area Statewide Regulation 74:36:17. Rapid City Street Sanding and Deicing. Rule Number 74:36:17:01. Rule Title Applicability. State Effective Date 02/11/1996 State Adoption Date

EPA Effective Date 08/09/2002 Notice of Final Rule Date 06/10/2002 Notice of Final Rule Citation 67 FR 39619 Comments

Rule: 74:36:17:01. Applicability . This rule applies to the application of or removal of any street sanding or deicing materials on the streets in the Rapid City zone. The Rapid City zone comprises the streets within the city limits of Rapid City bordered on the we st and south by the city lim its, on the north by the southern right-of-way boundary of Interstate 90, an d on the east by the eastern right-of-way boundary of Highway 79. Source : 22 SDR 104, effective February 11, 1996. General Authority : SDCL 34A-1-6, 34A-1-15. Law Implemented : SDCL 34A-1-6, 34A-1-15, 34A-1-38.State South Dakota State Agency Department of Environment and Natural Resources Affected Area Statewide Regulation 74:36:17. Rapid City Street Sanding and Deicing. Rule Number 74:36:17:02. Rule Title Reasonable available control technology. State Effective Date 02/11/1996 State Adoption Date

EPA Effective Date 08/09/2002 Notice of Final Rule Date 06/10/2002 Notice of Final Rule Citation 67 FR 39619 Comments

Rule: 74:36:17:02. Reasonable available control technology. Any operation to whic h this rule applies shall provide for reasonable available control technolo gy to prevent the entrainm ent or reentrainment of road dust into the ambient air. Such controls include the following practices: (1) For operations involv ing the application of street sanding material and deicing agents on paved roads: (a) Utilizing forecasting of weather ev ents to determine whet her to pretreat roads with deicing agent or to apply no treatment; (b) Monitoring street temperatures to determine if deicing agents or street sanding materials need to be applied; (c) Limiting the application of street sanding material to intersections, inclined and curved roads, school zones, hospital zones, emergency rout es, and fire station zones to the greatest extent possible; unless icy conditions exist; and (d) The use of pretreatment deicing or antiskid agents in place of aggregate street sanding materials to the greatest extent possible; (2) For operations involv ing the removal of street sanding and deicing agents from paved roads: (a) Flushing core downtown streets with water, except where meteorological conditions endanger public safety; and (b) Removing street sanding material from roads wh en road conditions become dry, using the most efficient cleaning devices on high traffic roads. Source : 22 SDR 104, effective February 11, 1996. General Authority : SDCL 34A-1-6, 34A-1-15.Law Implemente d : SDCL 34A-1-6, 34A-1-15, 34A-1-19, 34A-1-38.State South Dakota State Agency Department of Environment and Natural Resources Affected Area Statewide Regulation 74:36:17. Rapid City Street Sanding and Deicing. Rule Number 74:36:17:03. Rule Title Street sanding specifications. State Effective Date 02/11/1996 State Adoption Date

EPA Effective Date 08/09/2002 Notice of Final Rule Date 06/10/2002 Notice of Final Rule Citation 67 FR 39619 Comments

Rule: 74:36:17:03. Street san ding specifications. The following are the street sanding specifications to be used in the Rapid City zone: (1) A durability or har dness as defined in Mohs scale of greate r than 6 for 70 percent of the material applied to the streets for deicing or skid control; (2) No more than 3 percent of the total particle mate rial content by weight may pass through a No. 200 sieve as described in ASTM C136-93, "Standard Test Method for Sieve Analysis of Fine and Course Aggregates," November 1993. For street sanding material, these criteria only apply to the material before the addition of salts or chemicals. Material of a lesser ha rdness may be used on inclined or curved roads for safety purposes or where it can be demonstrated that a material can provide at least a 25 percent reduction in air pollutants. Source : 22 SDR 104, effective February 11, 1996. General Authority : SDCL 34A-1-6, 34A-1-15. Law Implemented : SDCL 34A-1-6, 34A-1-15, 34A-1-19, 34A-1-38. References : Page 49 and 50, Physical Geology the Structure and Pr ocesses of the Earth, 1 982, B. Clark Burchfiel, et al, Charles E. Merrill Publishing Company. Copies may be obtained from the Department of Environment and Natural Resources free of charge. Standard Test Method for Sieve Analysis of Fine and Course Aggregates, designation C 136-93, 4 pages, American Society for Testing and Materials, November 1993. Copies are available from ASTM, 100 Barr Harbor Drive, West Cons hohocken, PA 19428-2959. Cost: $15.State South Dakota State Agency Department of Environment and Natural Resources Affected Area Statewide Regulation 74:36:17. Rapid City Street Sanding and Deicing. Rule Number 74:36:17:04. Rule Title Street deicing and maintenance plan. State Effective Date 02/11/1996 State Adoption Date

EPA Effective Date 08/09/2002 Notice of Final Rule Date 06/10/2002 Notice of Final Rule Citation 67 FR 39619 Comments

Rule: 74:36:17:04. Street deicing and maintenance plan. Any state, county, or municipal entity or their contractor with a street sanding or deicing operation in the Rapid City zone shall submit a plan to the department on April 15, 1996, and every three years following that date. The department shall approve or disapprove the plan within 60 days after receiving it, unless the department requests further information. The entity has 20 days to reply to a request for further information. The day the department receives the requested information initia tes a new 60-day approval or disapproval period. The plan must include the following: (1) A description of the reasonable available contro l technologies in § 74: 36:17:02 that the entity intends to use; (2) A description of how the requirements in § 74:36:17:03 will be attained; (3) A description of the test methods used in determining attainment with § 74:36:17:03; (4) An emissions inventory of the streets in the Rapid City zone; (5) A map identifying street cleaning areas, freque ncy of cleaning, priorities, and the type of street cleaning device used in each area. If elements of the approved plan change during the three year period, the entity shall submit the modifications to the department for approval. T he procedure for approval or disapproval of the modifications is the same as the procedure for the original plan. Source : 22 SDR 104, effective February 11, 1996. General Authority : SDCL 34A-1-6, 34A-1-15. Law Implemented : SDCL 34A-1-6, 34A-1-12, 34A-1-15, 34A-1-38.State South Dakota State Agency Department of Environment and Natural Resources Affected Area Statewide Regulation 74:36:17. Rapid City Street Sanding and Deicing. Rule Number 74:36:17:05. Rule Title Street sanding and sweeping recordkeeping. State Effective Date 02/11/1996 State Adoption Date

EPA Effective Date 08/09/2002 Notice of Final Rule Date 06/10/2002 Notice of Final Rule Citation 67 FR 39619 Comments

Rule: 74:36:17:05. Street sanding and sweeping recordkeeping. Operators of street sanding and sweeping equipment working in the Rapid City zone shall maintain records to document the street sanding and sweeping operations. These records sha ll be maintained for at least two years. These records shall contain the following documentation: (1) Street sanding: (a) Date; (b) Sanding route and area; (c) Street conditions; (d) Type and amount of sanding material used; and (e) Miles driven; (2) Street sweeping: (a) Date; (b) Area cleaned; and (c) Type of vehicle used. Source : 22 SDR 104, effective February 11, 1996. General Authority : SDCL 34A-1-6, 34A-1-15. Law Implemented : SDCL 34A-1-6, 34A-1-12, 34A-1-15, 34A-1-38.State South Dakota State Agency Department of Environment and Natural Resources Affected Area Statewide Regulation 74:36:17. Rapid City Street Sanding and Deicing. Rule Number 74:36:17:06. Rule Title Inspection authority. State Effective Date 02/11/1996 State Adoption Date

EPA Effective Date 08/09/2002 Notice of Final Rule Date 06/10/2002 Notice of Final Rule Citation 67 FR 39619 Comments

Rule: 74:36:17:06. Inspection authority. The secretary may enter the stora ge site of any user of street sanding material covered by this chapter for the pu rpose of obtaining samples of materials, inspecting records, or conducting any inspection authorized under SDCL chapter 34A-1. Source : 22 SDR 104, effective February 11, 1996. General Authority : SDCL 34A-1-6, 34A-1-15. Law Implemented : SDCL 34A-1-6, 34A-1-13, 34A -1-15, 34A-1-38, 34A-1-41.State South Dakota State Agency Department of Environment and Natural Resources Affected Area Statewide Regulation 74:36:18. Regula tions for State Facilities in the Rapid City Area. Rule Number 74:36:18:01. Rule Title Definitions. State Effective Date 07/01/2002 State Adoption Date 05/16/2002

EPA Effective Date 03/22/2004 Notice of Final Rule Date 01/20/2004 Notice of Final Rule Citation 69 FR 2671 Comments

Rule: 74:36:18:01. Definitions. Unless otherwise specified, the terms used in this chapter mean: (1) "Construction activity," any temporary activity at a state fa cility, which involv es the removal or alteration of the natural or pre-existing cover of one acre or more of land. One acre of surface area is based on a cumulative area of anticipated distur bance to be completed for the entire project; (2) "Continuous operat ion activity," the following ongoing activi ties at a state fac ility that may cause fugitive emissions of particulate to be released into the ambient air: (a) Unpaved parking lots and storage lots one acre or more in size; (b) Paved parking lots to which deicing and tracti on materials are applied during adverse weather; (c) Storage piles and activities associated with handling of the stock pile material; (d) The applying of deicing and traction materials on and cleaning of streets, roads, and highways; and (e) Any other ongoing activity as determined by the secretary that may cause such fugitive emissions; (3) "Reasonably available control technology," a contro l technology for fugitive emissions of particulate determined on a case-by-case basis by the secretary to meet the requirements of this chapter, taking into account energy, the environment, economic impacts, and other costs; (4) "Rapid City air quality contro l zone," a 10-mile by 14-mile area within the following boundaries: (a) Commencing at the northwest corner of Section 15, Township 2 north, Range 6 east; (b) East to the northeast corner of Se ction 14, Township 2 north, Range 8 east; (c) South to the southeast corner of Se ction 35, Township 1 north, Range 8 east; (d) West to the southwest corner of Section 34, Township 1 north, Range 6 east; and(e) North to the point of beginning; (5) "State facility," any state agenc y, state-owned or stat e-leased property, or property subject to a temporary state easement in the Rapid City air quality control zone; and (6) "State contractor," any person u nder contract to provi de services to a state facility including any person under contract to provide construction or co ntinuous operation activities on state highways or the state interstate system within th e Rapid city air quality control zone. Source: 28 SDR 178, effective July 1, 2002. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6.State South Dakota State Agency Department of Environment and Natural Resources Affected Area Statewide Regulation 74:36:18. Regula tions for State Facilities in the Rapid City Area. Rule Number 74:36:18:02. Rule Title Applicability. State Effective Date 07/01/2002 State Adoption Date 05/16/2002

EPA Effective Date 03/22/2004 Notice of Final Rule Date 01/20/2004 Notice of Final Rule Citation 69 FR 2671 Comments

Rule: 74:36:18:02. Applicability. The requirements of this chapter apply to state facilities and state contractors that conduct a construction activity or continuous oper ation activity in the Rapid City air quality control zone. Source: 28 SDR 178, effective July 1, 2002. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6, 34A-1-11, 34A-1-18, 34A-1-19, 34A-1-21, 34A-1-38.State South Dakota State Agency Department of Environment and Natural Resources Affected Area Statewide Regulation 74:36:18. Regula tions for State Facilities in the Rapid City Area. Rule Number 74:36:18:03. Rule Title Permit required. State Effective Date 07/01/2002 State Adoption Date 05/16/2002

EPA Effective Date 03/22/2004 Notice of Final Rule Date 01/20/2004 Notice of Final Rule Citation 69 FR 2671 Comments

Rule: 74:36:18:03. Permit required. Beginning on August 1, 2002, no stat e facility or stat e contractor may engage in any construction activity or continuous operation activity within the Rapid City air quality control zone which may cause fugitive emissions of particulate to be released into the ambient air without first obtaining a permit issued by the board or the secretary. The secretary may extend the August 1, 2002, deadline for 60 days if circumstances warrant an extension. Source: 28 SDR 178, effective July 1, 2002. General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-21. Note: The procedural requirements for obtaining a constr uction activity or contin uous operation activity permit under this chapter will be the same as the pr ocedural requirements for a minor source, such as a timely and complete application, completeness review, public participation, and department recommendation, as outlined in §§ 74:36:04:06 and 74:36:04:08 to 74:36:04:14, inclusive.State South Dakota State Agency Department of Environment and Natural Resources Affected Area Statewide Regulation 74:36:18. Regula tions for State Facilities in the Rapid City Area. Rule Number 74:36:18:04. Rule Title Time period for permits and renewals. State Effective Date 06/25/2013 State Adoption Date

EPA Effective Date 11/02/2015 Notice of Final Rule Date 10/02/2015 Notice of Final Rule Citation 80 FR 59620 Comments

Rule: 74:36:18:04. Time period for permits and renewals. A construction activity or continuous operation activity permit is issued for a period up to five years and all subsequent permits are for periods of five years. Source: 28 SDR 178, effective July 1, 2002; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-21.State South Dakota State Agency Department of Environment and Natural Resources Affected Area Statewide Regulation 74:36:18. Regula tions for State Facilities in the Rapid City Area. Rule Number 74:36:18:05. Rule Title Required contents of a complete application for a permit. State Effective Date 06/25/2013 State Adoption Date

EPA Effective Date 11/02/2015 Notice of Final Rule Date 10/02/2015 Notice of Final Rule Citation 80 FR 59620 Comments

Rule: 74:36:18:05. Required contents of a complete application for a permit. An application for a construction activity and continuous operation activity permit shall contain the following information to be considered complete: (1) General company information, including the company name a nd address, the owner's name and agent, and the plant site manager or contact; (2) Legal description and location of the construction or continuous operation activity, including a site map; (3) Description of the proposed co nstruction or continuo us operation activity, including nature and description of equipment used; (4) Description of the reasonably available control te chnology used to control the fugitive emissions; and (5) For construction activities, the proposed date for commencement and termination of the construction activity. Source: 28 SDR 178, effective July 1, 2002; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-21.State South Dakota State Agency Department of Environment and Natural Resources Affected Area Statewide Regulation 74:36:18. Regula tions for State Facilities in the Rapid City Area. Rule Number 74:36:18:06. Rule Title Contents of permit. State Effective Date 06/25/2013 State Adoption Date

EPA Effective Date 11/02/2015 Notice of Final Rule Date 10/02/2015 Notice of Final Rule Citation 80 FR 59620 Comments

Rule: 74:36:18:06. Contents of permit. The construction activity and cont inuous operation activity permit shall include the following: (1) The signature of either the secretary or the chairman; (2) The name of the person, company, political subd ivision, agency, or inst itution granted a permit; (3) The type of operation; (4) The mailing address; (5) The date the permi t was granted and on which it will expire; (6) A permit number; (7) The name of a designated person or officer responsible for the permitted activity; (8) A statement granting a permit by the board or secretary and any condit ions that the board or secretary may impose to ensure compliance with the Act; (9) Emission limits and standards necessary to assu re compliance with applicable requirements of the Clean Air Act; (10) Record keeping and reporting requirements; (11) A severability clause to ensure the continued validity of the various pe rmit requirements if any portion of the permit are challenged; and (12) Provisions st ating the following: (a) The permittee must comply with all conditions of the permit. Any permit noncompliance constitutesa violation and is grounds for enforcement action, perm it termination, revocation or modification, or for denial of a permit renewal application; (b) The permit may be modified, revoked, or terminated for cause; (c) The permit does not convey any property rights of any sort or any exclusive privilege; and (d) The permittee shall provide any information requested in writing by the secretary to determine whether cause exists for modifying, revoking, or te rminating the permit or to determine compliance. Source: 28 SDR 178, effective July 1, 2002; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-21.State South Dakota State Agency Department of Environment and Natural Resources Affected Area Statewide Regulation 74:36:18. Regula tions for State Facilities in the Rapid City Area. Rule Number 74:36:18:07. Rule Title Permit expiration. State Effective Date 07/01/2002 State Adoption Date 05/16/2002

EPA Effective Date 03/22/2004 Notice of Final Rule Date 01/20/2004 Notice of Final Rule Citation 69 FR 2671 Comments

Rule: 74:36:18:07. Permit expiration. Permit expiration terminates the source's right to operate unless a timely and complete renewa l application has been su bmitted to the secretary. Source: 28 SDR 178, effective July 1, 2002. General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-21.State South Dakota State Agency Department of Environment and Natural Resources Affected Area Statewide Regulation 74:36:18. Regula tions for State Facilities in the Rapid City Area. Rule Number 74:36:18:08. Rule Title Renewal of permit. State Effective Date 07/01/2002 State Adoption Date 05/16/2002

EPA Effective Date 03/22/2004 Notice of Final Rule Date 01/20/2004 Notice of Final Rule Citation 69 FR 2671 Comments

Rule: 74:36:18:08. Renewal of permit. Permits being renewed are su bject to the same procedural requirements in §§ 74:36:04:06 and 74:36:04:08 to 74:36:04:14, inclusive, as the original permit issuance. Source: 28 SDR 178, effective July 1, 2002. General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-21.State South Dakota State Agency Department of Environment and Natural Resources Affected Area Statewide Regulation 74:36:18. Regula tions for State Facilities in the Rapid City Area. Rule Number 74:36:18:09. Rule Title Reasonably available control technology required. State Effective Date 07/01/2002 State Adoption Date 05/16/2002

EPA Effective Date 03/22/2004 Notice of Final Rule Date 01/20/2004 Notice of Final Rule Citation 69 FR 2671 Comments

Rule: 74:36:18:09. Reasonably availabl e control technology required. The owner or operator of a state facility or state contractor shall install and/or implement reasonably ava ilable control technology to prevent fugitive emissions of particulate from ex ceeding the visible emission limit specified in § 74:36:18:10. Source: 28 SDR 178, effective July 1, 2002. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 1-26-20, 34A-1-53.State South Dakota State Agency Department of Environment and Natural Resources Affected Area Statewide Regulation 74:36:18. Regula tions for State Facilities in the Rapid City Area. Rule Number 74:36:18:10. Rule Title Visible emission limit for construction and continuous operation activities. State Effective Date 06/25/2013 State Adoption Date

EPA Effective Date 11/02/2015 Notice of Final Rule Date 10/02/2015 Notice of Final Rule Citation 80 FR 59620 Comments

Rule: 74:36:18:10. Visible emission lim it for construction and continuous operation activities. The owner or operator of a st ate facility or state contractor may not discharge into the ambient air from a fugitive source an air pollutant of a density equal to or greater than that de signated as 20 percent opacity for a series of two minute averages with a minimum of a total of six minutes of readings. The Environmental Protection Agency's Method 9 in 40 C.F.R. Part 60, Appendix A (July 1, 2012) shall be used to determine the opacity. Source: 28 SDR 178, effective July 1, 2002; 36 SD R 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-47, 34A-1-49.State South Dakota State Agency Department of Environment and Natural Resources Affected Area Statewide Regulation 74:36:18. Regula tions for State Facilities in the Rapid City Area. Rule Number 74:36:18:11. Rule Title Exception to visible emission limit. State Effective Date 06/25/2013 State Adoption Date

EPA Effective Date 11/02/2015 Notice of Final Rule Date 10/02/2015 Notice of Final Rule Citation 80 FR 59620 Comments

Rule: 74:36:18:11. Exception to visible emission limit. The provisions of § 74:36: 18:10 do not apply if all three of the following meteorological conditions exist: (1) Five consecutive days of 0.02 inches or less of precipitation each day excluding dry snow; (2) Forecasted peak wind gusts greater than 40 miles per hour; and (3) Forecasted average hourly wind speed greater than 20 miles per hour. Source: 28 SDR 178, effective July 1, 2002; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6, 34A-1-19. Law Implemented: SDCL 34A-1-12, 34A-1-19.State South Dakota State Agency Department of Environment and Natural Resources Affected Area Statewide Regulation 74:36:18. Regula tions for State Facilities in the Rapid City Area. Rule Number 74:36:18:12. Rule Title Notice of operating noncompliance -- Contents. State Effective Date 06/25/2013 State Adoption Date

EPA Effective Date 11/02/2015 Notice of Final Rule Date 10/02/2015 Notice of Final Rule Citation 80 FR 59620 Comments

Rule: 74:36:18:12. Notice of operating noncompliance -- Contents. If the secretary determines that the operation of a source is not in comp liance with this article, the Clean Air Act, or permit conditions, the secretary may issue a notice of such a finding to the permit holder or operator of the source. The notice must contain citations to the rules, statutes, or permit conditions violated and the alleged facts upon which the determination is based. Source: 28 SDR 178, effective July 1, 2002; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 1-26-27, 34A-1-21.State South Dakota State Agency Department of Environment and Natural Resources Affected Area Statewide Regulation 74:36:20. Construction Permits for New Sources or Modifications. Rule Number 74:36.20.01. Rule Title Applicability. State Effective Date 06/28/2010 State Adoption Date

EPA Effective Date 07/28/2014 Notice of Final Rule Date 06/27/2014 Notice of Final Rule Citation 79 FR 36419 Comments

Rule: 74:36:20:01. Applicability. The requirements of this chapter ap ply to the construction of all new sources or modifications to existing sources. Source: 36 SDR 207, effective June 28, 2010. General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-21.State South Dakota State Agency Department of Environment and Natural Resources Affected Area Statewide Regulation 74:36:20. Construction Permits for New Sources or Modifications. Rule Number 74:36:20:02. Rule Title Construction permit required. State Effective Date 04/20/2011 State Adoption Date

EPA Effective Date 07/28/2014 Notice of Final Rule Date 06/27/2014 Notice of Final Rule Citation 79 FR 36419 Comments

Rule: 74:36:20:02. Constructi on permit required. A person may not construct, install, modify, or operate any source or unit likely to cause the emission of air pollutants into the ambient air or any equipment that prevents or controls the emission of air polluta nts into the ambient air until a construction permit has been issued by the board or the secretary, unle ss it meets the requirements in § 74:36:20:02.01. Source: 36 SDR 207, effective June 28, 2010; 37 SDR 182, effective April 20, 2011. General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-21.State South Dakota State Agency Department of Environment and Natural Resources Affected Area Statewide Regulation 74:36:20. Construction Permits for New Sources or Modifications. Rule Number 74:36:20:03. Rule Title Construction permit exemption. State Effective Date 06/28/2010 State Adoption Date

EPA Effective Date 07/28/2014 Notice of Final Rule Date 06/27/2014 Notice of Final Rule Citation 79 FR 36419 Comments

Rule: 74:36:20:03. Construction permit exemption. The following new sources or modifications to an existing source are exempt from obtaining a construction permit: (1) A new source or modification to an existing s ource meeting the requireme nts of chapter 74:36:09; (2) A new source or modification to an existing s ource meeting the requireme nts of chapter 74:36:10; (3) A new source or modification to an existi ng source authorized under a general permit; or (4) A source that meets the exemption requir ements of §§ 74:36:04:02.01 and 74:36:05:04. Source: 36 SDR 207, effective June 28, 2010. General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-21.State South Dakota State Agency Department of Environment and Natural Resources Affected Area Statewide Regulation 74:36:20. Construction Permits for New Sources or Modifications. Rule Number 74:36:20:04. Rule Title Emission unit exemptions. State Effective Date 06/28/2010 State Adoption Date

EPA Effective Date 07/28/2014 Notice of Final Rule Date 06/27/2014 Notice of Final Rule Citation 79 FR 36419 Comments

Rule: 74:36:20:04. Emission unit exemptions. The following emission units are exempt from inclusion in a construction permit unless the sour ce has requested federally enforcea ble permit conditions related to the emission unit to avoid needing a Part 70 operating permit, PSD preconstruction permit, or NSR preconstruction permit or the emission unit is applic able to a standard in chap ter 74:36:07 or 74:36:08: (1) One or more incinerators of less than 100 pounds per hour combined burning capacity that combust municipal or household waste; (2) A mobile internal combustion engine, includ ing those in autos, truc ks, tractors, airplanes, locomotives, and boats; (3) Laboratory equipment used exclusively for chemical or physical analysis; (4) A unit that has a heat input capability of not mo re than 3,500,000 Btus per hour, except for units fueled with wood or coal; (5) An air conditioning or ventilating system not designed to remove air pollutants from equipment; (6) Routine housekeeping or plant upkeep activities such as painting buildings, retarring roofs, or paving parking lots; (7) A unit that has the potential to emit two tons or less per year of any criteria pollu tant before the application of control equipment. However, the criteria pollutant emissions from the unit must be included in determining whether t he source is required to obtain a construction permit; and (8) A unit that has the potential to emit two tons or less per year of any hazardous air pollutant before the application of control equipment. However, the hazardous air pollutant em issions from the unit must be included in determining whether the source is required to obtain a construction permit. Source: 36 SDR 207, effective June 28, 2010. General Authority: SDCL 34A-1-6, 34A-1-21.Law Implemented: SDCL 34A-1-21.State South Dakota State Agency Department of Environment and Natural Resources Affected Area Statewide Regulation 74:36:20. Construction Permits for New Sources or Modifications. Rule Number 74:36:20:05. Rule Title Standard for issuanc e of construction permit. State Effective Date 06/25/2013 State Adoption Date

EPA Effective Date 11/02/2015 Notice of Final Rule Date 10/02/2015 Notice of Final Rule Citation 80 FR 59620 Comments

Rule: 74:36:20:05. Standard for issuance of construction permit. A construction permit for a new source or modification to an existing source may be issued only if it has been shown that the operation of the new source or modification to an existing source will not prevent or inte rfere with the attainment or maintenance of an applicable national ambient air quality standard. Compliance with this requirement as determined by air pollution dispersion mode ling shall be based on modeling performed in accordance with 40 C.F.R. Part 51 , Appendix W (July 1, 2012) and is not affected by stack height that exceeds good engineering practice or by any other dispersion technique as defined in 40 C.F.R. § 51.100 (July 1, 2012). Each new source or modifica tion to an existing source must comply with emission limits and other requirements of the act an d the Clean Air Act. The construction permit must include reasonable conditions, including adherence to plans and specifications, to ensure compliance with the act, the Clean Air Act, and any other conditions justified under SDCL 34A-1-19. Source: 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6, 34A-1-19, 34A-1-21. Law Implemented: SDCL 34A-1-21.State South Dakota State Agency Department of Environment and Natural Resources Affected Area Statewide Regulation 74:36:20. Construction Permits for New Sources or Modifications. Rule Number 74:36:20:06. Rule Title Timely and complete application for a construction permit required. State Effective Date 06/28/2010 State Adoption Date

EPA Effective Date 07/28/2014 Notice of Final Rule Date 06/27/2014 Notice of Final Rule Citation 79 FR 36419 Comments

Rule: 74:36:20:06. Timely and complete applicat ion for a construction permit required. A person who constructs a new s ource or modification to an existing source required to have a construction permit shall submit a comple te application to the department at least 180 days before the estimated date of commencing construction of the new s ource or modification to an exis ting source. An application is complete if it meets the requirements in § 74:36:20:07. Source: 36 SDR 207, effective June 28, 2010. General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-21.State South Dakota State Agency Department of Environment and Natural Resources Affected Area Statewide Regulation 74:36:20. Construction Permits for New Sources or Modifications. Rule Number 74:36:20:07. Rule Title Required contents of complete application for a construction permit. State Effective Date 06/28/2010 State Adoption Date

EPA Effective Date 07/28/2014 Notice of Final Rule Date 06/27/2014 Notice of Final Rule Citation 79 FR 36419 Comments

Rule: 74:36:20:07. Required contents of comple te application for a construction permit. An application for a construction permit for a new source or modification must include the following information to be considered a complete application: (1) The following general company information: (a) The company name and address or the plant name and address if different from the company name; (b) The owner's name and agent; and (c) The plant site manager or contact; (2) A description of the plant and its processes and products; (3) The following information on emissions: (a) Identification and description of all emission units; (b) Fuels, fuel use, raw materials, and production rates; (c) Identification and description of air pollution control equipment; (d) Limitations on source operation affecting emissi ons or any work practice standards, if applicable, for all regulated air pollutants; (e) Other information required by any applicable requirements, including information related to stack height limits, such as the location of emission units, flow rates, building dimensions, and stack parameters, including height, diameter, and plume temperature, for all pollutants regulated at the source;(4) If available, a copy of any prepared plans and t he specifications of any equipment or other facilities that may affect the source, including pollution control devices; (5) A signed and notarized certif ication of applicant form; (6) The results of any air dispersion modeling required by the department; (7) The results of any stack performance testing required by the department; and (8) Any other information requested by the department that is relevant to de termining compliance with the act or the Clean Air Act. The application must be signed by the respons ible official or designated representative. Source: 36 SDR 207, effective June 28, 2010. General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-12, 34A-1-21.State South Dakota State Agency Department of Environment and Natural Resources Affected Area Statewide Regulation 74:36:20. Construction Permits for New Sources or Modifications. Rule Number 74:36:20:08. Rule Title Applicant required to supplement or correct application. State Effective Date 06/28/2010 State Adoption Date

EPA Effective Date 07/28/2014 Notice of Final Rule Date 06/27/2014 Notice of Final Rule Citation 79 FR 36419 Comments

Rule: 74:36:20:08. Applicant required to supplement or correct application. If the applicant is aware that the application is incomplete or that any relevant fa cts or information contained in an application are incorrect, the applicant shall subm it the supplementary facts or corr ected information. The applicant shall provide additional information as necessary to address requirements that become applicable after the application is filed but before the release of the draft permit. Source: 36 SDR 207, effective June 28, 2010. General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-21.State South Dakota State Agency Department of Environment and Natural Resources Affected Area Statewide Regulation 74:36:20. Construction Permits for New Sources or Modifications. Rule Number 74:36:20:09. Rule Title Permit application - Completeness review. State Effective Date 06/28/2010 State Adoption Date

EPA Effective Date 07/28/2014 Notice of Final Rule Date 06/27/2014 Notice of Final Rule Citation 79 FR 36419 Comments

Rule: 74:36:20:09. Permit application -- Completeness review. The department shall conduct a completeness review of each permit application received, as follows: (1) Within 30 days after submission of an applic ation for a construction pe rmit, the department shall notify the applicant in writing whether or not the application is complete or incomplete. If the department does not notify the applicant that the app lication is incomplete with in 30 days after receipt of the application, the application is considered complete. The department may at any time during the processing of the application request, in writing, additional information necessary to evaluate or take final action on the application; (2) If the application is incomplete or additional info rmation is necessary to evaluate the application, the department shall identify the items required to complete the application. The applicant has 20 working days after receipt of an incomplete notification or request for additional information to submit the information, unless an extension beyond the 20 working days is approved by the department; and (3) The department shall determine the adequacy of the applicant's response to each incomplete item within 15 days after receipt of the response and shall notify the applicant in writing if the application is or is not complete. Source: 36 SDR 207, effective June 28, 2010. General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-21.State South Dakota State Agency Department of Environment and Natural Resources Affected Area Statewide Regulation 74:36:20. Construction Permits for New Sources or Modifications. Rule Number 74:36:20:10. Rule Title Time period for department's recommendation. State Effective Date 06/28/2010 State Adoption Date

EPA Effective Date 07/28/2014 Notice of Final Rule Date 06/27/2014 Notice of Final Rule Citation 79 FR 36419 Comments

Rule: 74:36:20:10. Time period for department's recommendation. The department shall recommend issuance or denial of a construction permit with in 180 days after the submission of a complete application and all other additional information necessary for the department to make an informed decision. A recommendation to issue a permit shall include a draft permit with appropriate conditions to ensure compliance with the act or the Clean Air Act. Failure of the department to act on an application entitles the applicant to petition for and obtain a contested case review of the application without waiting for a department recommendation. The petiti on must conform to the requirements of article 74:09. Source: 36 SDR 207, effective June 28, 2010. General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-21.State South Dakota State Agency Department of Environment and Natural Resources Affected Area Statewide Regulation 74:36:20. Construction Permits for New Sources or Modifications. Rule Number 74:36:20:11. Rule Title Public participation in permitting process. State Effective Date 06/25/2013 State Adoption Date

EPA Effective Date 11/02/2015 Notice of Final Rule Date 10/02/2015 Notice of Final Rule Citation 80 FR 59620 Comments

Rule: 74:36:20:11. Public participation in permitting process. The department shall mail a copy of the draft permit to the applicant. The department shall pub lish a public notice of the draft permit once in a legal newspaper in the county where the source is located. The notice must include a brief statement describing the source and where it is located; the department's recommendation and the reasons for it; the activity or activities involved in the permit action; a statement that a person may submit comments or contest the draft permit within 30 days after t he publication of the notice; a description of the procedures a person must follow to contest the draft permit and reques t a hearing in accordance with article 74:09; and a statement describing where copies of the draft permit or other information may be obtained. The department shall provide to the intere sted parties a 30-day notice of any hearing to contest a draft permit. Source: 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 1-26-27, 34A-1-21.State South Dakota State Agency Department of Environment and Natural Resources Affected Area Statewide Regulation 74:36:20. Construction Permits for New Sources or Modifications. Rule Number 74:36:20:12. Rule Title Public review of department's draft permit. State Effective Date 06/28/2010 State Adoption Date

EPA Effective Date 07/28/2014 Notice of Final Rule Date 06/27/2014 Notice of Final Rule Citation 79 FR 36419 Comments

Rule: 74:36:20:12. Public review of department's draft permit. During the public comment period, any interested person may submit written comments on the draft permit or request a contested case hearing. All comments shall be considered in making a final permit decision on the draft permit as provided in § 74:36:20:13. A request for a contested case hearing must be in writing and prepared and filed in accordance with article 74:09. The department is not required to accept recommendations or comments that are not based on applicable requirem ents of this article or the requirements of the Clean Air Act. Source: 36 SDR 207, effective June 28, 2010. General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-21.State South Dakota State Agency Department of Environment and Natural Resources Affected Area Statewide Regulation 74:36:20. Construction Permits for New Sources or Modifications. Rule Number 74:36:20:13. Rule Title Final permit decision -- Notice to interested persons. State Effective Date 06/25/2013 State Adoption Date

EPA Effective Date 11/02/2015 Notice of Final Rule Date 10/02/2015 Notice of Final Rule Citation 80 FR 59620 Comments

Rule: 74:36:20:13. Final permit decision -- Notice to interested persons. The department shall make its final permit decision within 30 days of the end of the public comment period on a draft permit. The department shall notify, in writing, the applicant and each person that submitted written comments or requested notice of the final permit decision. The no tice shall include reference to the procedures for contesting the final permit decisio n and requesting a hearing in accordance with article 74:09. For the purpose of this section, the final permit decision means proposing a permit or denying a permit. The final permit shall be issued within 30 days of notifying the applicant and each person that submitted written comments or requested notification of the final permit decision except under the following conditions: (1) A later effective date is specified in the final permit decision; (2) A contested case hearing is requested; or (3) No comments or request for changes in the draft permit were received during the public comment period on the draft permit. In this case, the draft permit automatically becomes the final permit decision and the final permit is issued at the end of the public comment period. Source: 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 1-26-27, 1-26-29, 34A-1-21.State South Dakota State Agency Department of Environment and Natural Resources Affected Area Statewide Regulation 74:36:20. Construction Permits for New Sources or Modifications. Rule Number 74:36:20:14. Rule Title Right to petition for contested case hearing. State Effective Date 06/25/2013 State Adoption Date

EPA Effective Date 11/02/2015 Notice of Final Rule Date 10/02/2015 Notice of Final Rule Citation 80 FR 59620 Comments

Rule: 74:36:20:14. Right to petition for contested case hearing. The applicant or interested person may petition the board and obtain a contested case hear ing to dispute the department's draft permit. Any other person may petition to intervene and request a hearing if the person has an interest affected by the department's draft permit. Such petitions must co mply with the provisions of article 74:09 and be received by the department within 30 days after publication of the notice required by § 74:36:20:11. The applicant or an interested person that comments on the draft permit may petition the board for and obtain a contested case hearing to dispute the department's final permit decision. Such petitions must comply with the provisions of arti cle 74:09 and be received by the department within 30 days after receiving the department's final permit decision. If the draft permit or the final per mit decision is contested, the department shall present the draft permit or final permit decision to the board for action in accordance with article 74:09. Source: 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 1-26-27, 1-26-29, 34A-1-21.State South Dakota State Agency Department of Environment and Natural Resources Affected Area Statewide Regulation 74:36:20. Construction Permits for New Sources or Modifications. Rule Number 74:36:20:15. Rule Title Contents of construction permit. State Effective Date 06/25/2013 State Adoption Date

EPA Effective Date 11/02/2015 Notice of Final Rule Date 10/02/2015 Notice of Final Rule Citation 80 FR 59620 Comments

Rule: 74:36:20:15. Contents of construction permit. A construction permit shall include the following: (1) The signature of either the secretary or the chairman; (2) The name of the person, company, political subd ivision, agency, or inst itution granted a permit; (3) The type of operation; (4) The facility an d mailing address; (5) The date the construction permit was granted; (6) A number for administrative reference; (7) The timeline for submitting a timely and complete application for a minor source operating permit or Part 70 source operating permit; (8) A statement granting a construction permit by the board or secretary and any conditions that the board or secretary may impose to ensure co mpliance with the act and the Clean Air Act; (9) Emission limits and standards, including operat ional requirements and limits for all regulated emission units, necessary to ensure compliance with applicable requirements of the act and the Clean Air Act; (10) Monitoring, recordkeeping, and reporting requirements necessary to determine compliance with the construction permit; (11) A severability clause to ensure the continued validity of the various pe rmit requirements if any portions of the permit are challenged; and (12) Provisions st ating the following:(a) The permittee must comply with all conditions of the permit. Any permit noncompliance constitutes a violation and is grounds for enforcement action; (b) The construction permit does not convey any property rights of an y sort or any exclusive privilege; and (c) The permittee shall provide any information, including records, reques ted in writing by the department to determine compliance. Source: 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-21.State South Dakota State Agency Department of Environment and Natural Resources Affected Area Statewide Regulation 74:36:20. Construction Permits for New Sources or Modifications. Rule Number 74:36:20:16. Rule Title Administrative permit amendment. State Effective Date 06/28/2010 State Adoption Date

EPA Effective Date 07/28/2014 Notice of Final Rule Date 06/27/2014 Notice of Final Rule Citation 79 FR 36419 Comments

Rule: 74:36:20:16. Administrative permit amendment. An administrative permit amendment may be issued for a revision to an operating permit meetin g the requirements of § 74:36:01:03. An application for an administrative permit amendment shall contain a description of the change and documentation supporting the applicant's claim that the revision qualifies as an administrative permit amendment. Source: 36 SDR 207, effective June 28, 2010. General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-21.State South Dakota State Agency Department of Environment and Natural Resources Affected Area Statewide Regulation 74:36:20. Construction Permits for New Sources or Modifications. Rule Number 74:36:20:17. Rule Title Procedures for administrative permit amendments. State Effective Date 06/28/2010 State Adoption Date

EPA Effective Date 07/28/2014 Notice of Final Rule Date 06/27/2014 Notice of Final Rule Citation 79 FR 36149 Comments

Rule: 74:36:20:17. Procedures for administrative permit amendments. The source may implement a proposed revision that is considered an administ rative permit amendment immediately upon notifying the department. The department shall determine wh ether an administrative permit amendment is applicable to the proposed revision within 15 days of receiving a request for a permit revision. The department shall issue administrative permit amendments without the procedural requirements applicable to obtaining a construction permit. Source: 36 SDR 207, effective June 28, 2010. General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-21.State South Dakota State Agency Department of Environment and Natural Resources Affected Area Statewide Regulation 74:36:20. Construction Permits for New Sources or Modifications. Rule Number 74:36:20:18. Rule Title Reopening construction permit for cause. State Effective Date 06/28/2010 State Adoption Date

EPA Effective Date 07/28/2014 Notice of Final Rule Date 06/27/2014 Notice of Final Rule Citation 79 FR 36419 Comments

Rule: 74:36:20:18. Reopening construction permit for cause. The department may reopen a construction permit for further review if the dep artment determines that the permit contains a material mistake in establishing the emissions standards or limits or ot her requirements of the cons truction permit or the department determines that the construction permit must be revised to ensure compliance with the applicable requirements of this article and the Clean Air Act. Source: 36 SDR 207, effective June 28, 2010. General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-21.State South Dakota State Agency Department of Environment and Natural Resources Affected Area Statewide Regulation 74:36:20. Construction Permits for New Sources or Modifications. Rule Number 74:36:20:19. Rule Title Procedures to reopen construction permit. State Effective Date 06/28/2010 State Adoption Date

EPA Effective Date 07/28/2014 Notice of Final Rule Date 06/27/2014 Notice of Final Rule Citation 79 FR 36149 Comments

Rule: 74:36:20:19. Procedures to reopen construction permit. The department shall notify the source at least 30 days before reopening a construction permit. The department may reopen a permit in a shorter time in an emergency. The procedures to reopen a construction permit shall follow the procedural requirements to issue a construction permit and shall affect only those parts of the permit for which cause to reopen exists. Source: 36 SDR 207, effective June 28, 2010. General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-21.State South Dakota State Agency Department of Environment and Natural Resources Affected Area Statewide Regulation 74:36:20. Construction Permits for New Sources or Modifications. Rule Number 74:36:20:20. Rule Title Construction permit does not exempt from other requirements. State Effective Date 06/28/2010 State Adoption Date

EPA Effective Date 07/28/2014 Notice of Final Rule Date 06/27/2014 Notice of Final Rule Citation 79 FR 36419 Comments

Rule: 74:36:20:20. Construction permit does no t exempt from other requirements. The issuance of a construction permit for a new source or modification to an exis ting source does not exempt the new source or modification to an existing source from obtaining the applicable operating permit pursuant to chapter 74:36:04 or 74:36:05 or from the obligation to comply with the applic able emission limitations or requirements of the Clean Air Act. Source: 36 SDR 207, effective June 28, 2010. General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-21.State South Dakota State Agency Department of Environment and Natural Resources Affected Area Statewide Regulation 74:36:20. Construction Permits for New Sources or Modifications. Rule Number 74:36:20:21. Rule Title Expiration of a construction permit. State Effective Date 06/28/2010 State Adoption Date

EPA Effective Date 07/28/2014 Notice of Final Rule Date 06/27/2014 Notice of Final Rule Citation 79 FR 36419 Comments

Rule: 74:36:20:21. Expiration of a construction permit. A construction permit expires if the construction of the new source or modification to an existing source has not commenced within 18 months after the effective date of the construction pe rmit, if construction is discontin ued for a period of 18 months or more, or if construction is not completed within ten years of the effective date. If a construction permit expires, the applicant's aut hority to commence construction or comp lete construction of the new source or modification to an existi ng source is terminated. Source: 36 SDR 207, effective June 28, 2010. General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-21.State South Dakota State Agency Department of Environment and Natural Resources Affected Area Statewide Regulation 74:36:20. Construction Permits for New Sources or Modifications. Rule Number 74:36:20:22. Rule Title Notice of constructing or operating noncompliance - Contents. State Effective Date 06/28/2010 State Adoption Date

EPA Effective Date 07/28/2014 Notice of Final Rule Date 06/27/2014 Notice of Final Rule Citation 79 FR 36419 Comments

Rule: 74:36:20:22. Notice of constructing or operating noncompliance -- Contents. If the department determines that the construction or operation of a source is not in compliance with this article, the Clean Air act, or permit conditions, the department ma y issue a notice of such a finding to the permit holder or operator of the source. Th e notice must contain citations to the rules, statues, or permit conditions violated and the alleged facts upon which the determination is based. The secretary, with the concurrence of the alleged violator, may settle an issue of noncompliance by entering into a compliance agreement with the source that specifies the date for final compliance of the source and any penalties under SDCL 34A-1-39. If a compliance agreement is not negotiated, the department may petition the chairman of the board for a contested case hearing or may file a civil penalty or injunctive action in circuit court. Source: 36 SDR 207, effective June 28, 2010. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-20, 34A-1-53.State South Dakota State Agency Department of Environment and Natural Resources Affected Area Statewide Regulation 74:36:20. Construction Permits for New Sources or Modifications. Rule Number 74:36:20:23. Rule Title Petition for contested case on alleged violation. State Effective Date 06/28/2010 State Adoption Date

EPA Effective Date 07/28/2014 Notice of Final Rule Date 06/27/2014 Notice of Final Rule Citation 79 FR 36419 Comments

Rule: 74:36:20:23. Petition for contested case on alleged violation. In accordance with § 74:36:20:22, the department may file a petition containing the info rmation required in article 74:09 with the chairman to request an order directing corrective action, to request that an enforcement hearing be scheduled pursuant to the provisions of chapte r 74:09:01, or to request that t he construction permit be suspended or revoked for noncompliance. Source: 36 SDR 207, effective June 28, 2010. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-47, 34A-1-49.State South Dakota State Agency Department of Environment and Natural Resources Affected Area Statewide Regulation 74:36:20. Construction Permits for New Sources or Modifications. Rule Number 74:36:20:24. Rule Title Circumvention of emissions not allowed. State Effective Date 06/28/2010 State Adoption Date

EPA Effective Date 07/28/2014 Notice of Final Rule Date 06/27/2014 Notice of Final Rule Citation 79 FR 36419 Comments

Rule: 74:36:20:24. Circumvention of emissions not allowed. A person may not install or cause the installation or use of a device or a means that conceals or dilutes an emission of air pollutants that would otherwise violate this article or the Clean Ai r Act. This includes operating a source, unit, or control device that emits pollutants into the ambien t air from an opening other than the stack, vent, or equivalent opening from which they were designed to be emitted. Source: 36 SDR 207, effective June 28, 2010. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.State South Dakota State Agency Department of Environment and Natural Resources Affected Area Statewide Regulation 74:36:21. Regional Haze Program. Rule Number 74:36:21:01. Rule Title Applicability. State Effective Date 12/07/2010 State Adoption Date

EPA Effective Date 05/29/2012 Notice of Final Rule Date 04/26/2012 Notice of Final Rule Citation 77 FR 24845 Comments

Rule: 74:36:21:01. Applicability . The provisions of this chapter apply to the owner or operator of a new major source, modification to a major source, and a BART-eligible source. The provisions of this chapter do not apply to a major source or major modification to an existing source applicable to chapters 74:36:09 and 74:36:10. Source : 37 SDR 111, effective December 7, 2010. General Authority : SDCL 34A-1-6. Law Implemented : SDCL 34A-1-6.State South Dakota State Agency Department of Environment and Natural Resources Affected Area Statewide Regulation 74:36:21. Regional Haze Program. Rule Number 74:36:21:02. Rule Title Definitions. State Effective Date 06/25/2013 State Adoption Date

EPA Effective Date 11/02/2015 Notice of Final Rule Date 10/02/2015 Notice of Final Rule Citation 80 FR 59620 Comments

Rule: 74:36:21:02. Definitions. Unless otherwise specified, the terms used in this chapter mean: (1) "Adverse impact on visibility," visibility impairmen t that interferes with th e 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 ta king into account the geographic extent, intensity, duration, frequency, and time of vi sibility impairment, and ho w these factors correlate with times of visitor use of a mandatory Class I f ederal area and the frequency and timing of natural conditions that re duce visibility; (2) "BART," best available retrofit technology; (3) "Best available retrofit technology" an emissi on limitation based on the degree of reduction achievable through the application of the best system of continuous emission reduction for each pollutant that is emitted by an ex isting stationary facility. The emissi on limitation must be established, on a case-by-case basis, taking into consideration t he technology available, the costs of compliance, the energy and nonair quality environmental impacts of compliance, any pollution control equipment in use or in existence at the source, the remaining useful life of the source, and the degree of improvement in visibility that may re asonable be antici pated to result from the use of such technology; (4) "BART-eligible source," an existing stationary facility; (5) "Coal-fired power plant," any person, corporation, limited liability company, a ssociation, company, partnership, political subdivision, mu nicipality, rural electric cooperat ive, 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 conv ersion of coal into electric power; (6) "Contribute to adverse impact on visibility," a change in visibility impairment in a mandatory Class I federal area of five-tenths deciviews or more, based on a 24-hour average, above the average natural visibility baseline. A source exceeds the threshold if the 98th percentile (eight h highest value) of the modeling results, based on one year of the three y ears of meteorological data modeled, equals or exceeds five-tenths deciviews;(7) "Major source," as defined in § 74:36:01:08(2) and (3); (8) "Mandatory Class I federal area," any area identi fied in 40 C.F.R. § 81, Subpart D (July 1, 2012); (9) "Visibility impairment," any human perceptible change in vi sibility such as light extinction, visual range, contrast, coloration, from that which would have existed under natural conditions; (10) "30-day rolling average," expressed as pounds per million Btus and pounds per hour and calculated in accordance with the following procedures: (a) Sum the total pounds of pollutant in question em itted from a unit during an operating day and the previous 29 operating days; (b) Sum the total heat input to the unit in million Bt us 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 pr evious 29 operating days; (d) For pounds per million Btus, divide the total nu mber of pounds of the pollutant emitted during the 30-day operating days by the total heat input during the 30-day operating days; (e) For pounds per hour, divide the total number of pounds of the pollutant emitted during the 30-day operating days by the total hours operated during the 30-day operating days. A new 30-day rolling average shall be calculat ed for each new op erating day. Ea ch 30-day rolling average shall represent all emission s, including emissions that occur during periods of startup, shut down, and malfunction; and (11) "Operating day," a 24-hour period between 12 midnight and the following midnight during which any fuel is combusted at any time in the unit. It is not necessary for fuel to be combusted the entire 24- hour period. Source: 37 SDR 111, effective December 7, 2010; 38 SDR 39, effective September 19, 2011; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6.State South Dakota State Agency Department of Environment and Natural Resources Affected Area Statewide Regulation 74:36:21. Regional Haze Program. Rule Number 74:36:21:03. Rule Title Existing stationary facility defined. State Effective Date 12/07/2010 State Adoption Date

EPA Effective Date 05/29/2012 Notice of Final Rule Date 04/26/2012 Notice of Final Rule Citation 77 FR 24845 Comments

Rule: 74:36:21:03. Existing stationary facility defined. An existing stationary facility is an y of the following stationary sources of air pollutants, including any re constructed source that was not in operation before August 7, 1962, and was in existence on August 7, 1977, and has the potential to emit 250 tons per year or more of any air pollutant. In determining pot ential to emit, fugitive emissions, to the extent quantifiable, must be counted for: (1) Fossil-fuel fired steam electric plants of more than 250 million British ther mal units per hour heat input; (2) Coal cleaning plants (thermal dryers); (3) Kraft pulp mills; (4) Portland cement plants; (5) Primary zinc smelters; (6) Iron and steel mill plants; (7) Primary aluminum ore reduction plants; (8) Primary copper smelters; (9) Municipal incinerators capable of charging more than 250 tons of refuse per day; (10) Hydrofluoric, sulfuric , and nitric acid plants; (11) Petroleum refineries; (12) Lime plants; (13) Phosphate rock processing plants;(14) Coke oven batteries; (15) Sulfur recovery plants; (16) Carbon black plants (furnace process); (17) Primary lead smelters; (18) Fuel conversion plants; (19) Sintering plants; (20) Secondary metal production facilities; (21) Chemical process plants; (22) Fossil-fuel boilers of more than 250 million British thermal units per hour heat input; (23) Petroleum storage and tr ansfer facilities with a capaci ty exceeding 300 ,000 barrels; (24) Taconite ore processing facilities; (25) Glass fiber processing plants; and (26) Charcoal production facilities. Source: 37 SDR 111, effective December 7, 2010. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6.State South Dakota State Agency Department of Environment and Natural Resources Affected Area Statewide Regulation 74:36:21. Regional Haze Program. Rule Number 74:36:21:04. Rule Title Visibility impact analysis. State Effective Date 06/25/2013 State Adoption Date

EPA Effective Date 11/02/2015 Notice of Final Rule Date 10/02/2015 Notice of Final Rule Citation 80 FR 59620 Comments

Rule: 74:36:21:04. Visibility impact analysis. The owner or operator of a new major source or modification to a major source shall demonstrate to the departmen t that the potential to emit from the new major source or modification to a majo r source will not contri bute to adverse impact on visibility in any mandatory Class I federal area. The demonstration shall be based on visibility models approved in 40 C.F.R. § 51, Subpart W (July 1, 2012). Source: 37 SDR 111, effective December 7, 201 0; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6.State South Dakota State Agency Department of Environment and Natural Resources Affected Area Statewide Regulation 74:36:21. Regional Haze Program. Rule Number 74:36:21:05. Rule Title BART determination. State Effective Date 06/25/2013 State Adoption Date

EPA Effective Date 11/02/2015 Notice of Final Rule Date 10/02/2015 Notice of Final Rule Citation 80 FR 59620 Comments

Rule: 74:36:21:05. BART determination. The owner or operator of a BART-eligible source that emits any air pollutant which may reas onably be anticipated to contribute to adverse impa ct on visibility in any mandatory Class I federal area s hall submit a BART determination. The BART determination shall follow the procedures outlined in 40 C.F.R. § 51, S ubpart Y (July 1, 2012) and must be based on an analysis of the best system of continuous emis sion control technology available and associated emission reductions achievable for each BART -eligible source. In th is analysis, the BART determination must take into consideration the te chnology available, the costs of compliance, the energy and nonair quality environmental impacts of co mpliance, any pollution control equipment in use at the source, the remaining useful life of the source , and the degree of improv ement in visibility that may reasonably be anticipated to result from t he use of such technology. The BART determination shall be submitted within nine months after being notif ied by the department that the existing stationary source is reasonably anticipated to contribute to adverse im pact on visibility in any mandatory Class I federal area. Source: 37 SDR 111, effective December 7, 201 0; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6.State South Dakota State Agency Department of Environment and Natural Resources Affected Area Statewide Regulation 74:36:21. Regional Haze Program. Rule Number 74:36:21:06. Rule Title BART determination for a BART-eligible coal-fired power plant. State Effective Date 09/19/2011 State Adoption Date

EPA Effective Date 05/29/2012 Notice of Final Rule Date 04/26/2012 Notice of Final Rule Citation 77 FR 24845 Comments

Rule: 74:36:21:06. BART determination for a B ART-eligible coal-fired power plant. The owner or operator of a BART-eligible coal-fired power plant ma y not cause or permit emissions of the following regulated air pollutant in excess of the following amounts: (1) PM10 emissions in excess of 67.3 pounds pe r hour, which includes periods of startup and shutdown; (2) PM10 emissions in excess of 0.012 pounds per million Btus, which includes periods of startup and shutdown; (3) Sulfur dioxide emissions in excess of 505 poun ds per hour, which includ es periods of startup, shutdown, and malfunction; (4) Sulfur dioxide emissions in excess of 0.09 pounds per million Btus, wh ich includes periods of startup, shutdown, and malfunction; (5) Nitrogen oxide emissions in excess of 561 pou nds per hour, which inclu des periods of startup, shutdown, and malfunction; and (6) Nitrogen oxide emissions in excess of 0.10 pounds per million Btus, wh ich includes periods of startup, shutdown, and malfunction. Compliance with the PM 10 emission limits shall be based on an annual stack performance test using the performance testing methods in § 74:36:11:01 a nd using the average of three 1-hour test runs. Compliance with the sulfur dioxide and nitrogen oxide emission limits shall be based on using continuous emission mo nitoring systems and a 30-day rolling average. Source: 37 SDR 111, effective December 7, 201 0; 38 SDR 39, effective September 19, 2011. General Authority: SDCL 34A-1-6.Law Implemented : SDCL 34A-1-6.State South Dakota State Agency Department of Environment and Natural Resources Affected Area Statewide Regulation 74:36:21. Regional Haze Program. Rule Number 74:36:21:07. Rule Title Installation of controls based on visibility impact analysis or BART determination. State Effective Date 12/07/2010 State Adoption Date

EPA Effective Date 05/29/2012 Notice of Final Rule Date 04/26/2012 Notice of Final Rule Citation 77 FR 24845 Comments

Rule: 74:36:21:07. Installation of controls based on visibility impact analysis or BART determination. The owner or operator of a new ma jor source, modification to a ma jor source, or a BART-eligible source that emits any air pollutant which may reasonabl y be anticipated to contribute to adverse impact on visibility in any mandatory Class I federal area shall in stall, operate, and ma intain the controls established in a visibility impact a nalysis or BART determination. The owner or operator of a new major source or modification to a major source must install and operate the co ntrols established in a visibility impact analysis at initial startup. The owner or operat or of a BART-eligible sour ce required to install BART must install, operate, and demonstrate comp liance with BART as expeditiously as practicable, but no later than five years from EPA's approval of the state implementation plan for regional haze. Source: 37 SDR 111, effective December 7, 2010. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6.State South Dakota State Agency Department of Environment and Natural Resources Affected Area Statewide Regulation 74:36:21. Regional Haze Program. Rule Number 74:36:21:08. Rule Title Operation and maintenance of controls. State Effective Date 12/07/2010 State Adoption Date

EPA Effective Date 05/29/2012 Notice of Final Rule Date 04/26/2012 Notice of Final Rule Citation 77 FR 24845 Comments

Rule: 74:36:21:08. Operation and maintenance of controls. The owner or operator required to install and operate controls established in a visibility impact analysis or BAR T determination shall establish written procedures to ensure the control equipment is properly operated and maintained. The written procedures shall include, at a minimum, the following: (1) A maintenance schedule for each control device that is consistent with the manufacturer's instructions and recommendations for routine and long-term maintenance; (2) Procedures for the proper operation and maintenance of each control device; and (3) Parameters to be monitor ed to determine each control devic e is being operated properly. Source: 37 SDR 111, effective December 7, 2010. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6.State South Dakota State Agency Department of Environment and Natural Resources Affected Area Statewide Regulation 74:36:21. Regional Haze Program. Rule Number 74:36:21:09. Rule Title Monitoring, recordkeeping, and reporting. State Effective Date 06/25/2013 State Adoption Date

EPA Effective Date 11/02/2015 Notice of Final Rule Date 10/02/2015 Notice of Final Rule Citation 80 FR 59620 Comments

Rule: 74:36:21:09. Monitoring, recordkeeping, and reporting. The owner or operator required to install and operate contro ls established in a visibilit y impact analysis or BART determination shall conduct periodic monitoring, recordkeeping, and reporting. All sulfur dioxide and nitrogen oxides emissions from the BART-eligible source sha ll be routed to the main stack of a BART-eligible source. 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 ni trogen oxide in accordance with 40 C.F.R. Part 75 (July 1, 2012), except the recordkeeping and re porting requirements for the continuous emission monitoring systems shall be in accordance with 40 C.F.R. § 60.7 (July 1, 2012). Monitoring and related recordkeeping and reporting requirements for other ai r pollutants from a BART-e ligible source or from a major source or modification of a major source shall consist of at least the following: (1) All emissions monitoring and analysis procedures, alternative approved methods, or test methods required in determining compliance with §§ 74:36:21:04 and 74:36:21:06; (2) As necessary, documentation of the use, maintenanc e, and if appropriate, installation of monitoring equipment or methods; (3) Documentation of the following: (a) The date, place, and time of sampling or measurements; (b) The date or dates analyses were performed; (c) The company or entity that performed the analyses; (d) The analytical techniques or methods used; (e) The results of such analyses; and (f) The operating conditions as existing at the time of sampling or measurement; (4) Recordkeeping and reporting requirements that comply with the following:(a) Submission of reports of any required monitoring must occur at least every six months. Reports must clearly identify all exceedances with §§ 74:36:21: 04 and 74:36:21:06. All r equired reports must be certified by a responsible official; and (b) Exceedances of §§ 74:36:21:04 and 74:36:21:06, including those attributable to upset conditions. The probable cause of such exceedance and any corr ective actions or preventive measures taken must be promptly reported and certified by a responsible official; and (5) Requirements for retention of monitoring records and all supporting documentation for at least five years from the date of the monitoring sample, measurement, report, or application. Source: 37 SDR 111, effective December 7, 2010; 38 SDR 39, effective September 19, 2011; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6.State South Dakota State Agency Department of Environment and Natural Resources Affected Area Statewide Regulation 74:36:21. Regional Haze Program. Rule Number 74:36:21:10. Rule Title Permit to construct. State Effective Date 12/07/2010 State Adoption Date

EPA Effective Date 05/29/2012 Notice of Final Rule Date 04/26/2012 Notice of Final Rule Citation 77 FR 24845 Comments

Rule: 74:36:21:10. Permit to construct. The owner or operator subject to this chapter may be issued a permit to construct in accordance with chapter 74:3 6:20 if the department determines that the new major source or modification to a major source does not contribute to adverse impact on visibility at a mandatory Class I federal area. Source: 37 SDR 111, effective December 7, 2010. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6.State South Dakota State Agency Department of Environment and Natural Resources Affected Area Statewide Regulation 74:36:21. Regional Haze Program. Rule Number 74:36:21:11. Rule Title Permit required for BART determination. State Effective Date 12/07/2010 State Adoption Date

EPA Effective Date 05/29/2012 Notice of Final Rule Date 04/26/2012 Notice of Final Rule Citation 77 FR 24845 Comments

Rule: 74:36:21:11. Permit required for BART determination. The owner or operator of a BART-eligible source shall submit an application in accordance with chapter 74:36:20 to include the controls, emission limits, monitoring, recordkeeping, an d reporting requirements identified in the BART determination and approved by the department. Source: 37 SDR 111, effective December 7, 2010. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6.State South Dakota State Agency Department of Environment and Natural Resources Affected Area Statewide Regulation 74:36:21. Regional Haze Program. Rule Number 74:36:21:12. Rule Title Federal land manager notification and review. State Effective Date 12/07/2010 State Adoption Date

EPA Effective Date 05/29/2012 Notice of Final Rule Date 04/26/2012 Notice of Final Rule Citation 77 FR 24845 Comments

Rule: 74:36:21:12. Federal land manager notification and review. The department shall provide written notice to the federal land manager of a BART dete rmination or any permit application for a new major source or modification to a major source if the emissions from which may contribute to adverse impact on visibility at a mandatory Class I federal area, exce pt for an application subm itted in accordance with chapter 74:36:09 or 74:36:10. A not ification of a BART determination shall include a copy of the BART determination and must be submitted within 30 days of receipt of a complete BART determination. The department shall consider an analysis performed by the federal land manager submitted within 60 days of the federal land manager being notified of a BART determination or by the end of the public participation process, whichever is later. A permit app lication for a new major source or modification to a major source shall in clude a copy of the permit applicatio n and visibility impact analysis. The department shall consider an analysis performed by the federal land manager submitted within 30 days of the federal land manager being notified of a visi bility impact analysis or by the end of the public participation process, whichever is later. The dep artment shall follow the procedures outlined in chapter 74:36:09 or 74:36:10 for an application su bmitted in accordance with chapter 74:36:09 or 74:36:10. Source: 37 SDR 111, effective December 7, 2010. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6.State South Dakota State Agency Department of Environment and Natural Resources Affected Area Pennington Regulation Ordinance #12 - Fugitive Dust Regulation - 1.0 Control of Fugitive Dust. Rule Number 1.1. Rule Title Applicability. State Effective Date 12/12/1978 State Adoption Date

EPA Effective Date 07/13/1979 Notice of Final Rule Date 07/30/1979 Notice of Final Rule Citation 44 FR 44494 Comments

Rule: 1.1 Applicability The provisions of this regulation shall apply to all pe rsons who emit or cause to be emitted fugitive dust as defined in Section 1.2 below.State South Dakota State Agency Department of Environment and Natural Resources Affected Area Pennington Regulation Ordinance #12 - Fugitive Dust Regulation - 1.0 Control of Fugitive Dust. Rule Number 1.2. Rule Title Definitions. State Effective Date 12/12/1978 State Adoption Date

EPA Effective Date 07/13/1979 Notice of Final Rule Date 07/30/1979 Notice of Final Rule Citation 44 FR 44494 Comments

Rule: 1.2 Definitions 1.2.1 “Fugitive dust” is particul ate matter which escapes and becomes airborne from unenclosed operations or activities or which is emitted into the atmosphere without passing or being conducted through a flue pipe, stack, or other structure designe d for the purpose or emitting air pollutants into the atmosphere. 1.2.2 “Reasonably available control technology (RACT)” is the extent of emission control technology determined on a case by case analysis to be economically and technologically reasonable requirements for emission control.State South Dakota State Agency Department of Environment and Natural Resources Affected Area Pennington Regulation Ordinance #12 - Fugitive Dust Regulation - 1.0 Control of Fugitive Dust. Rule Number 1.3. Rule Title Standard of compliance. State Effective Date 12/12/1978 State Adoption Date

EPA Effective Date 07/13/1979 Notice of Final Rule Date 07/30/1979 Notice of Final Rule Citation 44 FR 44494 Comments

Rule: 1.3 Standard of Compliance 1.3.1 No person shall emit or cause to be emitt ed fugitive dust from any source without applying reasonably available control technology (RACT) to that source or in such quantities that ambient air total suspended particulate concen tration measurements taken violate National Ambient Air Quality Standards (NAAQS). 1.3.2 Total suspended particulate concentration measurements shall be in accord with standard methods specified by the U.S. Environmental Protec tion Agency, and at locations specified by the Air Quality Review Board as appropriate to the unique characterist ics of the source. 1.3.3 Wind measurements shall be taken at locations and by methods specified by the Air Quality Review Board. Such methods shall specify that wind speeds during the sampling period not exceed 25 miles per hour.State South Dakota State Agency Department of Environment and Natural Resources Affected Area Pennington Regulation Ordinance #12 - Fugitive Dust Regulation - 1.0 Control of Fugitive Dust. Rule Number 1.4. Rule Title Reasonably available control technology required. State Effective Date 12/12/1978 State Adoption Date

EPA Effective Date 07/13/1979 Notice of Final Rule Date 07/30/1979 Notice of Final Rule Citation 44 FR 44494 Comments

Rule: 1.4 Reasonably Available Control Technology Required 1.4.1 In order to comply with the provisions of Sect ion 1.3 above, all persons who own, operate, or are otherwise responsible for a source of fugitive dust shall utilize reasonably available control technology to prevent such dust from becoming airborne. Such reasonably available control technology may include, but are not limited to, the following: (a) For land clearing, excavating, grading , earthmoving, dredging, or demolition: (1) wetting down, including prewatering (2) stabilizing with chemicals (3) applying dust palliatives (4) disturbing a minimum topsoil per unit of time and reclaiming disturbed areas as quickly as possible (5) restricting the speed of vehicles traversing the area (b) For constructing, using, altering, or repairing private roads or parking facilities: (1) watering, paving, or chemically stabilizing ro utinely used haul roads (2) restricting the speed of vehicles (3) watering down or chemically stabilizing roadway shoulders (4) enclosing or covering open bodied trucks (5) switching from moving materials by vehi cle to moving them by conveyance systems(6) covering, shielding, or enclosing the area (7) preventing and/or promptly removing the deposit of dirt and mud on paved roads (8) cleaning paved roads frequently (c) For crushing, screening, handling, conveying, or processing materials: (1) installing hoods, fans, and exhaust systems to en close and vent the processing of dusty materials (2) covering conveyance systems (3) enclosing aggregate storage pile s, or reducing the amount of vehicular or aggregate movement on open storage piles (4) moisturizing or chemically trea ting the material during processing (5) sealing leaks or openings in process enclosures (d) For exposure of land or materials subject to erosion by wind: (1) landscaping and replanting exposed areas with native vegetation (2) installing wind screens or equivalent wind speed reduction devices (3) stabilizing the land with chemicals (4) physically stabilizing the land by covering with a nonerodibl e material such as a gravel (5) enclosing aggregate storage piles 1.4.2 Where owner or oper ator of a source had undertaken re asonably available control technology applicable under Section 1.4.1 but is found to cause vi olations of the standard specified in Section 1.3, the latter Section shall constitute the prevailing standard, in which case furt her controls would be required.State South Dakota State Agency Department of Environment and Natural Resources Affected Area Pennington Regulation Ordinance #12 - Fugitive Dust Regulation - 1.0 Control of Fugitive Dust. Rule Number 1.5. Rule Title Fugitive dust control permits required for construction activities, i.e., temporary operations. State Effective Date 12/12/1978 State Adoption Date

EPA Effective Date 07/13/1979 Notice of Final Rule Date 07/30/1979 Notice of Final Rule Citation 44 FR 44494 Comments

Rule: 1.5 Fugitive Dust Control Permits Required for Construction Activities, i.e., temporary operations 1.5.1 No person engaged in construction activities involving clearing and earthmoving on more than one acre of land shall init iate construction, after the date of enactment of this fugitive dust regulation, without first applying for and obtaining from the appropriate governing body, a construction permit. 1.5.2 Section 1.5.1 shall not apply to work performed under contract executed pr ior to the enactment of this regulation, provided that such work shall be complete prior to December, 31, 1981.State South Dakota State Agency Department of Environment and Natural Resources Affected Area Pennington Regulation Ordinance #12 - Fugitive Dust Regulation - 1.0 Control of Fugitive Dust. Rule Number 1.6. Rule Title Compliance plans and schedules required, i.e., continuous operations. State Effective Date 12/12/1978 State Adoption Date

EPA Effective Date 07/13/1979 Notice of Final Rule Date 07/30/1979 Notice of Final Rule Citation 44 FR 44494 Comments

Rule: 1.6 Compliance Plans and Schedules Required, i.e., continuous operations 1.6.1 No person shall conduct an operation in a manner to emit or cause to emit fugitive dust without first having obtained from the Air Quality Review Board an operating permit. 1.6.2 Any person who emits or causes to be emitted fugitive dust such that Sections 1.3 or 1.4 are violated shall be required to submit a complianc e plan and schedule which demonstrates to the satisfaction of the Air Qu ality Review Board that sa id standards will be met within a pe riod of time acceptable to the Air Quality Review Board, (dem onstrating reasonable progress with compliance of the standards by December 31, 1981). Said complianc e plans and schedules shall be submitted to the Air Quality Review Board following formal notification by the Air Quality Review Board that such plans and schedules are necessary. Said notification shall specify reasonable time in which such plans and schedules must be submitted. 1.6.3 Operations which were in existence at the time of adoption of this ordinance shall have ninety (90) days to submit compliance plans and schedules and the Air Quality Review Board shall act upon such plans as soon as possible. Nothing in this section shall require that those existing operations rest rict their operations until a final decision is made by the Air Quality Review Board. 1.6.4 New applications received after the ef fective date of this ordinance will be approved or denied by the Air Quality Review Board within ninety (90) days of the application. 1.6.5 Such compliance plans and schedules shall, at a minimum, include the following: (a) A description of the nature and scope of the op erations and conditions which may cause a violation. (b) A description of those reasonabl y available control technologies active at the time of the plan submission, and the anticipated effect of such controls upon ambient particulate concentrations.(c) A description on those additi onal, more strin gent, emission abatement te chniques which will be used to obtain compliance. (d) The economic and technical reasonableness of the proposed emission abatement techniques, including such cost analyses and copies of engineer ing reports or studies sufficient to demonstrate to the Air Quality Review Board’s sati sfaction that the comp liance program will result in compliance with the standards of this regulation. (e) An implementation schedule and final compliance date. 1.6.6 Where the Air Quality Review Board is satisfied that the compliance plan and schedule submitted in accord with this section meet the requirements specified, the Air Quality Review Board shall issue an order requiring the person submitting the complia nce schedule to perform the acts stipulated. 1.6.7 Whenever the Air Quality Review Board finds that the specifications of its order are being violated, or that a person required to submit a co mpliance plan by Section 1.6 has not submitted such a plan or has submitted an inadequate plan, it shall serve notice of violation to the person responsible for the compliance plan in the manner provided in Section 1.7.State South Dakota State Agency Department of Environment and Natural Resources Affected Area Pennington Regulation Ordinance #12 - Fugitive Dust Regulation - 1.0 Control of Fugitive Dust. Rule Number 1.7. Rule Title Enforcement procedures. State Effective Date 12/12/1978 State Adoption Date

EPA Effective Date 07/13/1979 Notice of Final Rule Date 07/30/1979 Notice of Final Rule Citation 44 FR 44494 Comments

Rule: 1.7 Enforcement Procedures 1.7.1 Whenever, on the basis of any information avail able, the Air Quality Review Board finds that any person is in violation of the provision of this re gulation the Air Quality Review Board shall notify the person in violation and shall state wi th reasonable specificity the nature of the violation, specify a time for compliance which the Air Quality Review Board de termines is reasonable, taking into account the seriousness of the violation and any good fait h efforts to comply wi th this regulation. 1.7.2 This Air Quality Review Board may issue an orde r to the person in violation requiring such person to comply with the requirements set forth in Secti ons 1.5 or 1.6 or the Air Quality Review Board may bring civil action in accordance with 1.7.4. 1.7.3 Any action under Section 1.7.2 shall not take effect until the person to whom action is initiated has had an opportunity, if requested by the person in violation, to c onfer with the Air Quality Review Board concerning this alleged violation. 1.7.4 The Air Quality Review Board may commence a civil action for appropriate relief, including a permanent or temporary inju nction, whenever any person: 1. Fails or refuses to comply with th e requirements of Sections 1.5 or 1.6. 2. Violates, fails, or refuses to comply with any order issued under Section 1.7.1.State South Dakota State Agency Department of Environment and Natural Resources Affected Area Pennington Regulation Ordinance #12 - Fugitive Dust Regulation - 1.0 Control of Fugitive Dust. Rule Number 1.8. Rule Title Establishment of administrative mechanisms. State Effective Date 12/12/1978 State Adoption Date

EPA Effective Date 07/13/1979 Notice of Final Rule Date 07/30/1979 Notice of Final Rule Citation 44 FR 44494 Comments

Rule: 1.8 Establishment of Administrative Mechanisms 1.8.1 The County shall establish an Office of Air Qu ality for the administration of this regulation. The Office of Air Quality shall be the administrative mechanism for the pr ovisions of Sections 1.1 through 1.7 of this regulation. 1.8.2 To provide guidance to the County and the Admi nistrator of the Office of Air Quality, the county commissioners shall appoint a seven (7) person Air Qu ality Review Board to se rve at the pleasure of the county commission for the purpose of providing overall supervision to the Air Quality Office, to recommend policy to the county commission regardin g clean air matters, and approve actions of the Air Quality Office in relationship to Sections 1.1 through 1.7 of this regulation. 1.8.3 The composition of the Air Qu ality Review Board shall be: Two individuals representing industry, one individual representing the engineering profe ssion, one individual representing environmental concerns, one individual representing affected homeowners, one individual representing the business community, and one individ ual on an at large basis. Each member will serv e for three years on a staggered term basis.State South Dakota State Agency Department of Environment and Natural Resources Affected Area Pennington Regulation Ordinance #12 - Fugitive Dust Regulation - 1.0 Control of Fugitive Dust. Rule Number 1.9. Rule Title Separability. State Effective Date 12/12/1978 State Adoption Date

EPA Effective Date 07/13/1979 Notice of Final Rule Date 07/30/1979 Notice of Final Rule Citation 44 FR 44494 Comments

Rule: 1.9 Separability 1.9.1 Each section and each provision or requir ement of any section of this ordinance shall be considered separable, and the invalidity of any sect ion, provision, or requirement, or any portion thereof, shall not affect the validity or enforceabilit y of any other portion.Rule: State South Dakota State Agency Department of Environment and Natural Resources Affected Area EPA-approved source specific requirements Regulation

. Rule Number (AQ 79-02.) Rule Title South Dakota State University steam generating plant. State Effective Date 03/18/1982 State Adoption Date

EPA Effective Date 08/07/1983 Notice of Final Rule Date 07/07/1983 Notice of Final Rule Citation 48 FR 31199 Comments

AQ 79

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