South Dakota

40 CFR Part 52, Subpart QQ, Section 52.2170

(c) EPA-approved regulations

(d) EPA-approved 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 80202-1129
i 

South 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 Municipal 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 

generating plant

3/18/82 8/7/83 48 FR 31199, 

7/7/83 
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 74:09:01:20.

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 degrees of consanguinity, who has a direct financial 

interest in a party involved in a contested case hearing 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 proceeding 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. 

52.2170(c) EPA-approved regulations 1
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 relationship 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 bias or prejudgment of a contested case hearing. 

Board members shall disclose any potential conflict of interest in a contested case proceeding on the 

record at the initiation of the hearing, or during the hearing if they become aware 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 determines that the potential conflict of interest raises an 

unacceptable risk of bias or prejudgment 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. 

52.2170(c) EPA-approved regulations 2
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 the South Dakota Codified Laws; 

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

department and specifies the acid rain program requirements applicable to an affected source and to 

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

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

emissions reduction program established in accordance with Title IV of the Clean Air Act; 

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

authorized representatives; 

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

Act; 

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

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

(7) "Air pollutant," one or a combination of the regulated 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 enforceable limits which restrict operating rate, hours of 

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

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

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

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

date; 

52.2170(c) EPA-approved regulations 3
(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," British thermal unit; 

(13) "CO," carbon monoxide; 

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

(15) "Clean Air Act," the Clean Air Act, 42 U.S.C. 7401 et seq., as amended through January 1, 2010; 

(16) "Clean Air Act Amendments," the amendments to the Clean Air Act enacted in Pub. L. No. 101-

549, November 15, 1990; 

(17) "Control equipment," a device which prevents or reduces emissions; 

(18) "Criteria pollutant," selected and specified pollutants for which limiting ambient air quality 

standards have been set, including sulfur dioxides, particulate matter, carbon monoxide, ozone, 

nitrogen oxides, and lead; 

(19) "Department," the South Dakota Department of Environment and Natural Resources; 

(20) "Designated representative," the responsible person or official authorized by the owner or operator 

of an affected unit, in accordance with the Clean Air Act, to represent the owner or operator in matters 

pertaining to the holding, transfer, or disposition of allowances allocated to the unit and the submission 

of and compliance with permits, permit applications, and compliance plans for the unit; 

(21) "Draft permit," the version of a permit for which the department offers public participation or 

affected state review; 

(22) "Emissions allowable under the permit," a federally enforceable permit term or condition 

determined at issuance to be required by an applicable requirement that establishes an emissions limit, 

including work practice standards, or a federally enforceable emissions cap that the source has 

assumed to avoid an applicable requirement to which the source would otherwise be subject; 

(23) "Emission standard," the maximum amount of a pollutant legally permitted to be discharged from a 

single unit; 

(24) "Emission unit," "Unit," any part or activity of a stationary source which emits or has the potential 

to emit a regulated air pollutant or any pollutant listed under section 112(b) of the Clean Air Act; 

(25) "EPA," the Environmental Protection Agency; 

(26) "Equivalent method," any method of sampling and analysis for an air pollutant which has a 

consistent and quantitatively known relationship to the reference method under specified conditions; 

(27) "Existing source," a source that has an approved state-issued permit; 

52.2170(c) EPA-approved regulations 4
(28) "Facility," a building, structure, or installation of pollutant-emitting activities which belong to the 

same industrial grouping, located on one or more contiguous or adjacent properties and under the 

control of the same person or of persons under common control, except the activities of a water-borne 

vessel. Pollutant-emitting activities are part of the same industrial grouping if they belong to the same 

major group, i.e., have the same two-digit code, as described in the Standard Industrial Classification 

Manual, 1987; 

(29) "Federally enforceable," all limits and conditions that are enforceable by the administrator of EPA 

pursuant to federal law. These limits and conditions include those requirements developed pursuant to 

this article, those appearing in 40 C.F.R. §§ 60 and 61 (July 1, 2012), requirements within the state 

implementation plan, and permit requirements established 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 permit issued by the permitting authority for a source 

that has completed all required review procedures; 

(31) "Fuel-burning unit," a furnace, boiler, apparatus, stack, or any of their components used in the 

process of burning fuel or other combustible material for the primary purposes of producing heat or 

power by indirect heat transfer; 

(32) "Fugitive emissions," those air pollutants which could not reasonably pass through a stack, 

chimney, vent, or other functionally equivalent opening; 

(33) "General permit," a permit issued by the board in accordance with SDCL 34A-1-56 that may be 

made applicable to numerous similar sources; 

(34) "Heat input," the aggregate heat content of all fuels whose products of combustion pass through a 

stack or stacks, using the heat input value of the equipment manufacturer's or designer's guaranteed 

maximum input, whichever is greater; 

(35) "Incinerator," a furnace used to burn solid waste to reduce the volume of the waste by removing its 

combustible material;

(36) "Malfunction," any sudden and unavoidable failure of air pollution control equipment or process 

equipment or of a process to operate in a normal or usual manner, but not a failure caused entirely or 

in part by poor maintenance, careless operation, preventable equipment breakdown, or any other 

cause within the control of the owner or operator of the source;

(37) "Minor source," a source whose potential emissions of a criteria pollutant are less than 100 tons a 

year and which does not meet the definition of a Part 70 source; 

(38) "New source," a source that has not been constructed and does not possess a permit; 

(39) "Nonattainment area," an area that does not meet or that contributes to ambient air quality in a 

nearby area that does not meet the national primary or secondary ambient air quality standard for the 

pollutant;

(40) "NSR," new source review; 

(41) "Opacity," the degree to which emissions reduce the transmission of light and obscure the view of 

an object in the background; 

(42) "Open burning," the burning of any matter in such a manner that the products of combustion 

resulting from the burning are emitted directly into the ambient air without passage through a stack, 

52.2170(c) EPA-approved regulations 5
duct, or chimney;

(43) "Operating permit," a written authorization issued by the board or the secretary for the operation of 

a source;

(44) "Owner or operator," any person who owns, leases, operates, controls, or supervises a source; 

(45) Repealed; 

(46) "Part 70 operating permit," any permit or group of permits covering a Part 70 source that is issued, 

renewed, amended, or revised; 

(47) "Part 70 source," any source subject to § 74:36:05:03;

(48) "Particulate matter," a broad class of chemically and physically diverse substances that exist as 

discrete particles, liquid droplets, or solids over a wide range of sizes; 

(49) "Permit modification," a change to a source which operates under a minor source operating permit 

or Part 70 operating permit that meets the requirements of § 74:36:01:10; 

(50) "Permit revision," a revision to a minor source operating permit or Part 70 operating permit to 

incorporate a permit modification, administrative permit amendment, or minor permit amendment; 

(51) "Person," an individual, corporation, partnership, firm, association, trust, estate, public or private 

institution, group, agency, political subdivision or state agency or any legal successor, representative, 

agent, or agency of the foregoing; 

(52) "PM10," particulate matter with an aerodynamic diameter less than or equal to a nominal ten 

micrometers as measured by an applicable reference or equivalent method;

(53) "Proposed Part 70 operating permit," a permit that the department has forwarded to EPA for 

review after the closure of the public notice period and after considering any public comments, 

including those from affected states; 

(54) "PSD," prevention of significant deterioration; 

(55) Repealed; 

(56) "Salvage operation," an operation conducted in whole or in part for the reclaiming of product or 

material; 

(57) "Secretary," the secretary of the South Dakota Department of Environment and Natural Resources 

or an authorized representative;

(58) "Shutdown," the cessation of operation of any control equipment, process equipment, or process 

for any purposes; 

(59) "Smoke," small gas-borne particles resulting from incomplete combustion, consisting 

predominantly, but not exclusively, of carbon, ash, and other combustible material, that form a visible 

plume in the air;

(60) "Source," a facility that emits or may emit any air pollutant regulated under the Clean Air Act; 

(61) "Start-up," the setting into operation of any control equipment, process equipment, or process for 

any purpose; 

(62) "Title I," Title I of the Clean Air Act Amendments, provisions for attainment and maintenance of 

national ambient air quality standards; 

52.2170(c) EPA-approved regulations 6
(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 furnace that uses either direct or indirect heat transfer to salvage 

nonferrous metals through the thermal destruction of solid waste materials; 

(69) "PM2.5," particulate matter with an aerodynamic diameter less than or equal to a nominal 2.5 

micrometers as measured by an applicable reference or equivalent method; 

(70) "SO2," sulfur dioxide;

(71) "NO2," nitrogen dioxide;

(72) "Construction permit," a written authorization issued by the board or the secretary for the 

construction and operation of a new source or modification to an existing source; 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 December 7, 1975; transferred from § 34:10:01:01, 7 

SDR 4, effective July 27, 1980; transferred from § 44:10:01:01, effective July 1, 1981; 8 SDR 71, 

effective December 21, 1981; 10 SDR 68, effective January 5, 1984; 13 SDR 129, 13 SDR 141, 

effective July 1, 1987; 14 SDR 72, effective November 24, 1987; 16 SDR 88, effective November 14, 

1989; 17 SDR 170, effective May 13, 1991; transferred from § 74:26:01:01, 19 SDR 157, effective 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 SDR 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. 

52.2170(c) EPA-approved regulations 7
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 administrative change at the source;

(3) Requires more frequent monitoring or reporting by the permittee;

(4) Allows for a change in ownership or operational control of a source if the department determines 

that no other change in the permit is necessary and a written agreement containing a specific date for 

transfer of permit responsibility, coverage, and liability between the current and new permittee has 

been submitted to the department. If the change in ownership or operational control changes the 

designated representative 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 determines to be similar to 

the requirements in subdivisions (1) to (4), inclusive, of this section.

Source: 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. 

52.2170(c) EPA-approved regulations 8
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 the state in which an operating permit, 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. 

52.2170(c) EPA-approved regulations 9
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 requirements of the Clean Air Act defined. 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 Air Act requires otherwise:

(I) Any standard or other requirement provided for in the applicable implementation plan approved or 

promulgated by EPA through rulemaking under Title I of the Clean Air Act that implements 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 established 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 requirement for tank vessels, under § 183(f) of the Clean Air Act;

(10) Any standard or other requirement 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 regulations promulgated to protect stratospheric ozone 

under Title VI of the Clean Air Act, unless the administrator of the EPA has determined that such 

requirements need not be contained in a Part 70 operating permit; and

(12) Any national ambient air quality standard or increment or visibility requirement under Part C of 

Title I of the Clean Air Act, but only as it would 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, 

52.2170(c) EPA-approved regulations 10
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 Implemented: SDCL 34A-l-6.

52.2170(c) EPA-approved regulations 11
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. 

52.2170(c) EPA-approved regulations 12
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 control of the same person or 

of persons under common control, that belongs to a single major industrial grouping, and that is any of 

the following:

(1) A major source under § 112 of the Clean Air Act defined as a source or group of sources located 

within a contiguous area and under common control that emits or has the potential to emit, considering 

controls, in the aggregate, 10 tons per year (tpy) or more of any hazardous air pollutant which has 

been listed pursuant to § 112(b) of the Clean Air Act, 25 tpy or more of any combination of such 

hazardous air pollutants, or a lesser quantity established by rule by the administrator of the EPA. 

Emissions from any oil exploration or production well and its associated equipment and emissions from 

any pipeline compressor or pump station may not be aggregated with emissions from other similar 

units, whether or not such units are in a contiguous area or under common control, to determine 

whether such units or stations are major sources; or 

(2) A major source of air pollutants, as defined in § 302 of the Clean Air Act, that directly emits or has 

the potential to emit 100 tpy or more of any air pollutant subject to regulation as required by EPA, 

including any major source of fugitive emissions of any such pollutant, as determined by rule by the 

administrator of the EPA; or

(3) A major source as defined in Part D of Title I of the Clean Air Act, including: 

(a) For ozone nonattainment areas, sources with the potential to emit 100 tons or more per year of 

volatile organic compounds or oxides of nitrogen in areas classified as "marginal" or "moderate, "50 

tons or more per year in areas classified as "serious," 25 tons or more per year in areas classified as 

"severe," and 10 tons or more per year in areas classified as "extreme." The references in this 

subdivision to 100, 50, 25, and 10 tons per year of nitrogen oxides do not apply to any source for which 

the administrator of the EPA has made a finding, under § 182(£)(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;

52.2170(c) EPA-approved regulations 13
(c) For carbon monoxide nonattainment areas that are classified as serious" and in which sources 

contribute significantly to carbon monoxide levels as determined under rules issued by the 

administrator of the EPA, sources with the potential to emit 50 tons or more per year of carbon 

monoxide; and 

(d) For particulate matter (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, effective May 13, 

1991; transferred from§§ 74:26:01:06.05 and 74:26:01:06.07, 19 SDR 157, effective April 22, 1993; 21 

SDR 119, effective January 5, 1995; 25 SOR 123, effective April 4, 1999.

General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6.

Cross~Reference: CJassification defined, Title I of the Clean Air Act. 

Reference: Standard Industrial Classification Manual, 1987, Executive Office of the President, Office 

of Management and Budget. Copies may be obtained from National Technical Information Service, 

5285 Port Royal Road, Springfield, Virginia 22161, order no. PB 87-100012. Cost: 31.

52.2170(c) EPA-approved regulations 14
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 capable 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 totaling more than 250 million British thermal 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 units per hour heat 

input; and

(27) Any other source category, which as of August 7, 1980, is regulated under § 111 or 112 of the 

52.2170(c) EPA-approved regulations 15
Clean Air Act but only for those air pollutants 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, effective January 2, 2005.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6. 

52.2170(c) EPA-approved regulations 16
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, reporting, or record keeping requirements in the permit; 

(3) The change requires or changes a case-by-case determination of an emission limit or other standard, a sourcespecific determination for temporary sources of ambient impacts, or a visibility or increment analysis; or 

(4) The change seeks to establish or change a permit term or condition 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 avoid classification as a modification under any provision of Title I, or an 

alternative emissions limit approved pursuant to regulations promulgated under § 112(i)(5) of the Clean Air Act. 

Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from § 34:10:01:01(18), 7 SDR 

4, effective July 27, 1980; transferred from § 44:10:01:02, effective July 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. 

52.2170(c) EPA-approved regulations 17
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 necessary, with a margin of safety, to protect the 

public health. The national secondary ambient air quality standards define levels of air quality that are 

necessary to protect the public welfare from any known 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 December 7, 1975; transferred from § 34:10:01:01, 7 

SDR 4, effective July 27, 1980; transferred from § 44:10:01:01, effective July 1, 1981; 8 SDR 71, 

effective December 21, 1981; 10 SDR 68, effective January 5, 1984; 13 SDR 129, 13 SDR 141, 

effective July 1, 1987; 14 SDR 72, effective November 24, 1987; 16 SDR 88, effective November 14, 

1989; 17 SDR 170, effective May 13, 1991; transferred from § 74:26:01:01, 19 SDR 157, effective April 

22, 1993.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6. 

52.2170(c) EPA-approved regulations 18
State South Dakota

State Agency Department of Environment and Natural 

Resources

Affected Area Statewide

Regulation 74:36:01. Definitions.

Rule Number 74:36:01:12.

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 pollutant 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, shall be treated as part of its design if the limitation 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 SDR 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. 

52.2170(c) EPA-approved regulations 19
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 specific process that may cause an emission of a 

regulated pollutant. Solid fuels charged are considered 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 steady-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 operation 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 from § 44:10:01:04, effective July 1, 1981; 13 SDR 

129, 13 SDR 141, effective July 1, 1987; transferred from § 74:26:01:04, 19 SDR 157, effective April 

22, 1993.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6. 

52.2170(c) EPA-approved regulations 20
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 regulated air pollutant is one of the following:

(1) Nitrogen oxides or any volatile organic compounds;

(2) Nitrogen dioxide, PMI 0, sulfur dioxide, carbon monoxide, lead, ozone, or any pollutant for which a 

national ambient air quality standard has been promulgated in the Clean Air Act;

(3) Any pollutant that is addressed by any standard promulgated under § 111 of the Clean Air Act;

(4) Any Class I or II substance subject to a standard promulgated under or established by Title VI of 

the Clean Air Act;

(5) Any pollutant subject to a standard promulgated under § 112 of the Clean Air Act or other 

requirements established under §§ 112(g), (j), and (r) of the Clean Air Act, including the following:

(a) Any pollutant subject to a standard promulgated under § 112(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-1-6 

52.2170(c) EPA-approved regulations 21
State 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 performs similar policy or decision-making 

functions for the corporation, or a duly authorized representative of such person if the representative is 

responsible for the overall operation of one or more manufacturing, 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 representative is approved in advance 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 agency, either a principal executive officer or ranking 

elected official. For the purposes of this subdivision, a principal executive officer of a federal agency 

includes the chief executive officer having responsibility for the overall operations 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 regulations 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. 

52.2170(c) EPA-approved regulations 22
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 exempt small-quantity generator waste, or industrial solid waste is 

placed in or on land. Portions of the municipal solid 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. 

52.2170(c) EPA-approved regulations 23
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, reconstruction, or modification 

before May 30, 1991. An existing municipal solid waste landfill may be active or closed. Physical or 

operational changes made to an existing municipal solid waste landfill 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. 

52.2170(c) EPA-approved regulations 24
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 in or change in the method of operation defined. A physical 

change in or change in the method of operation does not include the following:

(1) Routine maintenance, repair, and replacement; 

(2) Use of an alternative fuel or raw material because 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 because of an order or rule under§ 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 the production rate, unless the change 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 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 alternative fuel or raw material by a source which the source was capable of 

accommodating before January 6, 1975, unless the change 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 approved 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 approved to use under a permit 

issued under 40 C.F.R. § 52.21 (July 1, 2009) or under regulations approved pursuant to 40 C.F.R. § 

51.165 (July 1, 2009).

52.2170(c) EPA-approved regulations 25
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 Implemented: SDCL 34A-1-6.

52.2170(c) EPA-approved regulations 26
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 construction 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 actual construction of the 

source.

Source: 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6. 

52.2170(c) EPA-approved regulations 27
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, animals, 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 December 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. 

52.2170(c) EPA-approved regulations 28
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 standards apply to the entire state of South Dakota, and no person 

may cause these standards to be exceeded. The standards include normal background levels of air 

pollutants. 

Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 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, effective 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, 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. 

52.2170(c) EPA-approved regulations 29
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 particulate matter, sulfur dioxide, 

carbon monoxide, ozone, nitrogen dioxide, and lead listed 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 December 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, 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. 

52.2170(c) EPA-approved regulations 30
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 required by 40 C.F.R. § 58.20 (July 1, 2012). 

Source: 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, 34A-1-15. 

Law Implemented: SDCL 34A-1-15. 

52.2170(c) EPA-approved regulations 31
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 quality 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 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, 34A-1-15. 

Law Implemented: SDCL 34A-1-15. 

52.2170(c) EPA-approved regulations 32
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 emergency episode. 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 accumulation 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 Implemented: SDCL 34A-1-15. 

52.2170(c) EPA-approved regulations 33
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. Episode emergency contingency plan. 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, effective April 22, 1993; 21SDR119, 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-1-6, 34A-l-15.

Law Implemented: SDCL 34A-l-15. 

52.2170(c) EPA-approved regulations 34
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. 

52.2170(c) EPA-approved regulations 35
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 the 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; transferred 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; transferred from § 74:26:01:08, 19 SDR 157, 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. 

52.2170(c) EPA-approved regulations 36
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 operating 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 constructed 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. 

52.2170(c) EPA-approved regulations 37
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, including those in autos, trucks, 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 more 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 pollutant 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 December 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, effective 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, effective April 4, 1999; 31 SDR 101, effective January 2, 2005; 36 

SDR 207, effective June 28, 2010. 

52.2170(c) EPA-approved regulations 38
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. 

52.2170(c) EPA-approved regulations 39
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 interfere with the attainment or maintenance of an applicable national 

ambient air quality standard. Compliance with this 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 Act, and any other conditions justified under SDCL 

34A-1-19. 

Source: 2 SDR 40, effective December 7, 1975; transferred from § 34:10:01:08.02; transferred from § 

44:10:01:12, effective July 1, 1981; 10 SDR 68, effective 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, 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, 34A-1-19, 34A-1-21. 

Law Implemented: SDCL 34A-1-19, 34A-1-21. 

52.2170(c) EPA-approved regulations 40
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; transferred 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. 

52.2170(c) EPA-approved regulations 41
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 complete 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 source operating permit shall submit a timely and 

complete application. An application is timely if it meets the time limits specified in this section. An 

application is complete if it meets the requirements in § 74:36:04:07. 

A minor source applying for an initial operating permit shall submit a complete application to the 

department within 12 months after commencing operation. A minor source applying for a permit 

modification shall submit a complete 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 terms 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 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, 

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. 

52.2170(c) EPA-approved regulations 42
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 complete 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 owner'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 emissions 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 specifications 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; 

52.2170(c) EPA-approved regulations 43
(6) A signed and notarized certification 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 official or designated representative. An application 

for the renewal of an operating permit may refer to a previously submitted application 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; transferred 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 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-1-12, 34A-1-21. 

52.2170(c) EPA-approved regulations 44
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 facts or information contained in an application are 

incorrect, the applicant shall submit the supplementary facts or corrected 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. 

52.2170(c) EPA-approved regulations 45
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 application for an initial 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 the application is complete or incomplete. If the department does not 

notify the applicant that the application is incomplete within 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 information 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 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. 

52.2170(c) EPA-approved regulations 46
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 application 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; transferred 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, 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. 

52.2170(c) EPA-approved regulations 47
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 December 7, 1975; transferred from §§ 34:10:01:02, 

34:10:01:22.02, 7 SDR 4, effective July 27, 1980; transferred 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, 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, 34A-1-29, 34A-1-30. 

52.2170(c) EPA-approved regulations 48
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 person 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 request 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 interested parties a 30-day notice of any hearing to contest a draft permit. 

Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from §§ 34:10:01:02, 

34:10:01:22.03, 7 SDR 4, effective July 27, 1980; transferred from § 44:10:01:37, effective July 1, 

1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 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, 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. 

52.2170(c) EPA-approved regulations 49
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 comments will be considered in making a final permit decision 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 requirements 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-1-21 

52.2170(c) EPA-approved regulations 50
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 74:36:04:13.

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 notice shall include reference to the procedures for 

contesting the final permit decision 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 permit will 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 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 December 7, 1975; transferred from §§ 34:10:01:02, 

34:10:01:22.04, 7 SDR 4, effective July 27, 1980; transferred from § 44:10:01:38, effective July 1, 

1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 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, 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 

52.2170(c) EPA-approved regulations 51
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 74:36:04:14.

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 hearing 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 comply 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 article 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 permit 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 December 7, 1975; transferred from §§ 34:10:01:02, 

34:10:01:22.05, 7 SDR 4, effective July 27, 1980; transferred 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, effective 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. 

52.2170(c) EPA-approved regulations 52
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 subdivision, agency, or institution granted a permit; 

(3) The type of operation; 

(4) The facility and 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 the board or secretary and any conditions that the 

board or secretary may impose to ensure compliance with the act and the Clean Air Act; 

(9) Emission limits and standards, including operational 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 permit requirements if any 

portions of the permit are challenged; and 

(12) Provisions stating the following: 

52.2170(c) EPA-approved regulations 53
(a) The permittee must comply with all conditions of the permit. Any permit noncompliance constitutes 

a violation and is grounds for enforcement action, permit termination, 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 convey any property rights of any sort 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 revising, revoking and reissuing, reopening, or 

terminating the permit or to determine compliance. 

Source: 2 SDR 40, effective December 7, 1975; transferred 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; transferred from § 74:26:01:44, 19 SDR 

157, effective April 22, 1993; 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. 

52.2170(c) EPA-approved regulations 54
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 renewal 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. 

52.2170(c) EPA-approved regulations 55
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 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. 

52.2170(c) EPA-approved regulations 56
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. The application must specify whether the requested 

revision is an administrative permit amendment, minor permit amendment, or a permit modification with 

supporting documentation. The application must contain the necessary information required for an 

administrative permit amendment, minor permit amendment, or permit modification. 

Source: 19 SDR 157, effective April 22, 1993; 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. 

52.2170(c) EPA-approved regulations 57
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 meeting 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 qualifies 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. 

52.2170(c) EPA-approved regulations 58
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 administrative permit amendment immediately upon notifying 

the department. The department shall determine whether 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 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. 

52.2170(c) EPA-approved regulations 59
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. 

52.2170(c) EPA-approved regulations 60
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 existing monitoring, reporting, or record keeping 

requirements in the permit;

(3) It does not require or change a case-by-case determination of an emission limit or other standard, a 

source-specific determination for temporary sources of ambient impacts, 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 alternative 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. 

52.2170(c) EPA-approved regulations 61
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 the 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. 

52.2170(c) EPA-approved regulations 62
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.

52.2170(c) EPA-approved regulations 63
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, inclusive, as the original operating permit issuance as 

long as the source remains a minor source. However, 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. 

52.2170(c) EPA-approved regulations 64
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 change -- new permit required. If a minor source becomes a Part 70 

source because of a relaxation in a federally enforceable limit on the capacity of the source or 

modification as defined in § 74:36:01:10, the requirements 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 141, 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. 

52.2170(c) EPA-approved regulations 65
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 department 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. 

52.2170(c) EPA-approved regulations 66
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 issued 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. 

52.2170(c) EPA-approved regulations 67
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 termination, 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. 

52.2170(c) EPA-approved regulations 68
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 operating noncompliance -- Contents. If the department determines that the 

operation of a source is not in compliance 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 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 can not be 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: 2 SDR 40, effective December 7, 1975; transferred 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. 

52.2170(c) EPA-approved regulations 69
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 information required in article 74:09 with the chairman 

to request an order directing corrective action, that an enforcement hearing be scheduled pursuant to 

the provisions of chapter 74:09:01, or that the permit be suspended or revoked for noncompliance.

Source: 2 SDR 40, effective December 7, 1975; transferred 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 October 4, 1987; transferred from § 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:.

52.2170(c) EPA-approved regulations 70
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 conceals or dilutes an emission of air pollutants that 

would otherwise violate this article or the Clean Air 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 December 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. 

52.2170(c) EPA-approved regulations 71
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 substantially similar types 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 secretary, 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 general 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 recommendation, as outlined in §§ 74:36:04:06 to 

74:36:04:14, inclusive. 

52.2170(c) EPA-approved regulations 72
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 may 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 compliance 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. 

52.2170(c) EPA-approved regulations 73
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 this 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, effective 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. 

52.2170(c) EPA-approved regulations 74
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 emissions 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 of 

solid, 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 per hour may not exceed .6 

pounds of particulate matter per million Btus of heat input; and

(b) A fuel-burning unit with a heat input equal to or greater than 10 million 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 emissions rate in pounds 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 average, which is the arithmetic average of three contiguous 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, effective July 1, 1981; 11 SDR 151, effective May 12, 1985; 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 §§ 74:26:06:02.01 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. 

52.2170(c) EPA-approved regulations 75
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 operator who operates a 

process industry unit may not cause or permit emissions of the following regulated air pollutants from 

any unit in excess of the amount expressed in the equation allocated to the unit listed in this section:

(1) Particulate matter:

(a) The allowable particulate emissions rate for process 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 P0.67, and

(b) The allowable particulate emissions rate for process 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 P0.11] - 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 combustible fuel 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 average, which 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 and 

52.2170(c) EPA-approved regulations 76
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. 

52.2170(c) EPA-approved regulations 77
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 restrictions for incinerators and waste wood burners. An 

owner or operator may not cause or permit an incinerator 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 December 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, effective 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. 

52.2170(c) EPA-approved regulations 78
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 December 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, effective 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. 

52.2170(c) EPA-approved regulations 79
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 chapter must follow the requirements in 

chapter 74:36:11 for stack performance tests. A stack 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 standards upon renewal of a permit to operate or at 

the discretion of the secretary.

Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 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. 

52.2170(c) EPA-approved regulations 80
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, waste tires, tarpaper, or asphalt shingles. For the 

purposes of this subdivision, waste oil means any oil 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 information 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 operation 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 consideration -- Scope -- Open burning, SDCL 

34A-6-1.6; Open burning restrictions, § 74:27:13:11. 

52.2170(c) EPA-approved regulations 81
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. 

52.2170(c) EPA-approved regulations 82
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 chamber 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 applicable emission standards during all phases of 

operation, and the secondary combustion chamber or combustion zone temperature shall be 

maintained at required levels until waste is completely combusted.

Source: 19 SDR 157, effective April 22, 1993.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18. 

52.2170(c) EPA-approved regulations 83
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 requirements for wire reclamation furnaces. An owner or operator of a 

new regulated wire reclamation furnace shall install, 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. 

52.2170(c) EPA-approved regulations 84
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 pursuant 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. 

52.2170(c) EPA-approved regulations 85
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 significant deterioration permit required. New major stationary 

sources or major modifications to existing major stationary 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. 

52.2170(c) EPA-approved regulations 86
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 this chapter, the state's 

definitions and requirements for the prevention of significant deterioration are those in 40 C.F.R. § 

52.21 (July 1, 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 defined in this section have the meaning defined in 40 

C.F.R. § 52.21, except for the term "administrator" which means the secretary with the following 

exceptions:

(a) In 40 C.F.R. §§ 52.21(b)(3)(iii) and 52.2l(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 term 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 section, 40 C.F.R. § 52.21(b)(2)(iii)(a) is incorporated by reference 

excluding the second sentence which states, "Routine maintenance, repair and replacement shall 

include, but not be limited to, any activity(s) that meets the requirements of the equipment replacement 

provisions contained in paragraph (cc) of this section";

(5) For the purposes of this section, 40 C.F.R. § 52.21(v)(l) is incorporated by reference excluding the 

52.2170(c) EPA-approved regulations 87
phrase, "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 paragraph (s) of this section or".The secretary shall transmit to the 

administrator of the EPA a copy of each permit application subject to this section and shall notify the 

administrator of the EPA of each significant action the secretary takes on the application. 

If EPA stays or withdraws the regulation of greenhouse gases as identified in 40 C.F.R. § 52.2l(w)(l) 

(July 1, 2012), or a court issues 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 action and shall have no further force and effect.

Source: 19 SOR 157, effective April 22, 1993; 21 SOR 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. 

52.2170(c) EPA-approved regulations 88
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 the 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), the phrase "Notify the public" shall 

consist of a public notice once in a legal newspaper 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 contest 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 determination 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 period 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 reference to the procedures for contesting the final 

determination and requesting a hearing in accordance with article 74:09 within 30 days of receiving the 

52.2170(c) EPA-approved regulations 89
secretary's final determination. If no person comments on a draft permit, requests changes, or contests 

the draft permit during the public notice period, the 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. 

52.2170(c) EPA-approved regulations 90
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. 

52.2170(c) EPA-approved regulations 91
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 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, 

2010; 39 SDR 219, effective June 25, 2013. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-6. 

52.2170(c) EPA-approved regulations 92
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 sources 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 the area is designated nonattainment. Except as provided by a plantwide applicability limit, a proposed project is considered a major modification 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 preconstruction permit under the new source review 

program are similar to the procedural requirements for 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. 

52.2170(c) EPA-approved regulations 93
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 standards in chapter 74:36:07 that apply to the 

facility; 

(2) Compliance with the lowest achievable emission rate (LAER); 

(3) Certification of compliance that 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 operator 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 any 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 may 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 SDR 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, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 36 

52.2170(c) EPA-approved regulations 94
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, 34A-1-22. 

52.2170(c) EPA-approved regulations 95
52.2170(c) EPA-approved regulations 96
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 emission limit in effect at the time the application 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 attainment 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 offsets the following criteria shall be met:

(1) All offsets must be for the same regulated NSR pollutant, 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 operation. The offset ratio of total actual emissions 

reductions to the emissions increase shall be at least 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 from 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 existing 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 production or operating 

hours below baseline levels may be credited if the reductions are permanent, quantifiable, federally 

52.2170(c) EPA-approved regulations 97
enforceable, and the area has a federally-approved attainment plan. In addition, the shutdown or 

curtailed production must occur after August 7, 1977, or less than one year before the date of 

submitting the permit application, whichever is earlier. Emission reductions may be credited in the 

absence of a federally-approved attainment plan if the 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 compound 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 reasonable further progress; 

(8) If the emissions limit allows greater emissions than 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 offset 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, effective 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, 2010; 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. 

52.2170(c) EPA-approved regulations 98
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 proposes a project for existing 

emissions units at a major stationary source that is not considered a major modification based on 

projected actual emissions but may result in a significant emission increase shall comply with the 

requirements in 40 C.F.R. § 51.165(a)(6)(i) to (vi), inclusive, (July 1, 2012). This section does not apply 

to a source with a plant-wide applicability limit. 

The owner or operator shall make the information required to be documented in 40 C.F.R. § 51.165(a)

(6)(i) to (vi), inclusive, (July 1, 2012) available for review upon a request for inspection by the secretary 

or the general public pursuant to the requirements 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. 

52.2170(c) EPA-approved regulations 99
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 the 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. 

52.2170(c) EPA-approved regulations 100
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 with 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. 

52.2170(c) EPA-approved regulations 101
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 testing 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, Appendix A; and Part 51, Appendix M (all July 1, 2012). 

Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 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, 2003; 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. 

52.2170(c) EPA-approved regulations 102
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 sampling, for air pollutants from any source to 

determine compliance with regulated pollutant emission 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 necessary for determination of the 

emissions of air pollutants. The results of the required 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 December 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. 

52.2170(c) EPA-approved regulations 103
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 department of performance test. The owner or operator of an affected 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. 

52.2170(c) EPA-approved regulations 104
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 type 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 additional justification. A test period 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 not the department approves the test. If approved, the 

department's written response shall specify the schedule for conducting the test and outline the test 

requirements. The requirements may include performance testing, visible emission evaluation, fuel 

analysis, dispersion modeling, and monitoring of raw material or fuel rates.

If the department determines that the change will increase an emission of a regulated air pollutant or 

result in the emission of an additional regulated air pollutant, the department shall give public notice of 

the proposed test for 30 days. The department shall 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 contribute 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.

52.2170(c) EPA-approved regulations 105
Law Implemented: SDCL 345A-1-6, 34A-1-12, 34A-1-21. 

52.2170(c) EPA-approved regulations 106
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 emissions 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, effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 

1987; 17 SDR 170, effective May 13, 1991; transferred from § 74:26:03:01, 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. 

52.2170(c) EPA-approved regulations 107
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, effective 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. 

52.2170(c) EPA-approved regulations 108
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 alfalfa, or that does both, may discharge into the ambient air an air 

pollutant of a density no greater than 30 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: 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, effective 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. 

52.2170(c) EPA-approved regulations 109
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 continuous emission monitoring systems (CEMS). The 

secretary may require major stationary air pollution sources to install, calibrate, operate, and maintain 

equipment approved by the department for the continuous 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. 

52.2170(c) EPA-approved regulations 110
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 specifications 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, Appendix B and 40 C.F.R. § 60.13 (July 1, 2012). 

Source: 19 SDR 157, effective April 22, 1993; 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 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. 

52.2170(c) EPA-approved regulations 111
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 reporting 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 SDR 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. 

52.2170(c) EPA-approved regulations 112
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 article that are detected through continuous emission 

monitoring systems (CEMS) must be reported to the department within the time constraints as 

determined by the secretary in the permit to operate. 

Source: 19 SDR 157, effective April 22, 1993; 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 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. 

52.2170(c) EPA-approved regulations 113
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 monitor 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. 

52.2170(c) EPA-approved regulations 114
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 provision 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 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. 

52.2170(c) EPA-approved regulations 115
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 other provision, any credible evidence may be 

used for the purpose of establishing whether a person has violated or is in violation of a plan. Credible 

evidence is as follows: 

(1) Information from the use of the following methods is presumptively credible evidence of whether a 

violation has occurred at the source: 

(a) A monitoring method approved for the source pursuant 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 methods, including those in 40 C.F.R. Parts 51, 60, 

61, and 75 (July 1, 2012); 

(b) Other testing, monitoring, or information-gathering methods that produce information comparable to 

that produced by any method in subdivision (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 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. 

52.2170(c) EPA-approved regulations 116
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 unit 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 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. 

52.2170(c) EPA-approved regulations 117
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 west and south by the city limits, on the north by the 

southern right-of-way boundary of Interstate 90, and 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. 

52.2170(c) EPA-approved regulations 118
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 which this rule applies 

shall provide for reasonable available control technology to prevent the entrainment or reentrainment of 

road dust into the ambient air. Such controls include the following practices:

(1) For operations involving the application of street sanding material and deicing agents on paved 

roads:

(a) Utilizing forecasting of weather events to determine whether 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 routes, 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 involving 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 when 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.

52.2170(c) EPA-approved regulations 119
Law Implemented: SDCL 34A-1-6, 34A-1-15, 34A-1-19, 34A-1-38. 

52.2170(c) EPA-approved regulations 120
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 sanding specifications. The following are the street sanding specifications to be 

used in the Rapid City zone:

(1) A durability or hardness as defined in Mohs scale of greater 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 material 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 hardness 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 Processes of the Earth, 1982, 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 Conshohocken, PA 19428-2959. Cost: $15. 

52.2170(c) EPA-approved regulations 121
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 initiates a new 60-day approval or disapproval period. 

The plan must include the following:

(1) A description of the reasonable available control 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, frequency 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. The 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. 

52.2170(c) EPA-approved regulations 122
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 shall 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. 

52.2170(c) EPA-approved regulations 123
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 storage site of any user of street 

sanding material covered by this chapter for the purpose 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. 

52.2170(c) EPA-approved regulations 124
State South Dakota

State Agency Department of Environment and Natural 

Resources

Affected Area Statewide

Regulation 74:36:18. Regulations 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 facility, which involves 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 disturbance to be completed for the entire project; 

(2) "Continuous operation activity," the following ongoing activities at a state facility 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 traction 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 control 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 control 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 Section 14, Township 2 north, Range 8 east; 

(c) South to the southeast corner of Section 35, Township 1 north, Range 8 east; 

(d) West to the southwest corner of Section 34, Township 1 north, Range 6 east; and 

52.2170(c) EPA-approved regulations 125
(e) North to the point of beginning; 

(5) "State facility," any state agency, state-owned or state-leased property, or property subject to a 

temporary state easement in the Rapid City air quality control zone; and 

(6) "State contractor," any person under contract to provide services to a state facility including any 

person under contract to provide construction or continuous operation activities on state highways or 

the state interstate system within 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. 

52.2170(c) EPA-approved regulations 126
State South Dakota

State Agency Department of Environment and Natural 

Resources

Affected Area Statewide

Regulation 74:36:18. Regulations 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 operation 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. 

52.2170(c) EPA-approved regulations 127
State South Dakota

State Agency Department of Environment and Natural 

Resources

Affected Area Statewide

Regulation 74:36:18. Regulations 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 state facility or state 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 construction activity or continuous operation activity 

permit under this chapter will be the same as the procedural 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. 

52.2170(c) EPA-approved regulations 128
State South Dakota

State Agency Department of Environment and Natural 

Resources

Affected Area Statewide

Regulation 74:36:18. Regulations 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. 

52.2170(c) EPA-approved regulations 129
State South Dakota

State Agency Department of Environment and Natural 

Resources

Affected Area Statewide

Regulation 74:36:18. Regulations 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 and 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 construction or continuous operation activity, including nature and 

description of equipment used; 

(4) Description of the reasonably available control technology 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. 

52.2170(c) EPA-approved regulations 130
State South Dakota

State Agency Department of Environment and Natural 

Resources

Affected Area Statewide

Regulation 74:36:18. Regulations 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 continuous 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 subdivision, agency, or institution granted a permit; 

(3) The type of operation; 

(4) The mailing address; 

(5) The date the permit 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 conditions that the board or 

secretary may impose to ensure compliance with the Act; 

(9) Emission limits and standards necessary to assure 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 permit requirements if any 

portion of the permit are challenged; and 

(12) Provisions stating the following: 

(a) The permittee must comply with all conditions of the permit. Any permit noncompliance constitutes 

52.2170(c) EPA-approved regulations 131
a violation and is grounds for enforcement action, permit 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 terminating 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. 

52.2170(c) EPA-approved regulations 132
State South Dakota

State Agency Department of Environment and Natural 

Resources

Affected Area Statewide

Regulation 74:36:18. Regulations 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 renewal application has been submitted 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. 

52.2170(c) EPA-approved regulations 133
State South Dakota

State Agency Department of Environment and Natural 

Resources

Affected Area Statewide

Regulation 74:36:18. Regulations 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 subject 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. 

52.2170(c) EPA-approved regulations 134
State South Dakota

State Agency Department of Environment and Natural 

Resources

Affected Area Statewide

Regulation 74:36:18. Regulations 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 available control technology required. The owner or operator of a state 

facility or state contractor shall install and/or implement reasonably available control technology to 

prevent fugitive emissions of particulate from exceeding 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. 

52.2170(c) EPA-approved regulations 135
State South Dakota

State Agency Department of Environment and Natural 

Resources

Affected Area Statewide

Regulation 74:36:18. Regulations 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 limit for construction and continuous operation activities. The 

owner or operator of a state 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 designated 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 SDR 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. 

52.2170(c) EPA-approved regulations 136
State South Dakota

State Agency Department of Environment and Natural 

Resources

Affected Area Statewide

Regulation 74:36:18. Regulations 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. 

52.2170(c) EPA-approved regulations 137
State South Dakota

State Agency Department of Environment and Natural 

Resources

Affected Area Statewide

Regulation 74:36:18. Regulations 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 compliance 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.

52.2170(c) EPA-approved regulations 138
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 apply 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. 

52.2170(c) EPA-approved regulations 139
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. Construction permit required. A person may not construct, install, modify, or operate 

any source or unit likely to cause the emission of air pollutants into the ambient air or any equipment 

that prevents or controls the emission of air pollutants into the ambient air until a construction permit 

has been issued by the board or the secretary, unless it 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. 

52.2170(c) EPA-approved regulations 140
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 source meeting the requirements of chapter 74:36:09; 

(2) A new source or modification to an existing source meeting the requirements of chapter 74:36:10; 

(3) A new source or modification to an existing source authorized under a general permit; or 

(4) A source that meets the exemption requirements 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. 

52.2170(c) EPA-approved regulations 141
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 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 or the emission unit is applicable to a standard in chapter 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, including those in autos, trucks, 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 more 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 pollutant before the 

application of control equipment. However, the criteria pollutant emissions from the unit must be 

included in determining whether the 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 emissions 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. 

52.2170(c) EPA-approved regulations 142
Law Implemented: SDCL 34A-1-21. 

52.2170(c) EPA-approved regulations 143
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 issuance 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 interfere with the attainment or 

maintenance of an applicable national ambient air quality standard. Compliance with this requirement 

as determined by air pollution dispersion modeling 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 modification to an existing source must comply with 

emission limits and other requirements of the act and 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. 

52.2170(c) EPA-approved regulations 144
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 application for a construction permit required. A person who 

constructs a new source or modification to an existing source required to have a construction permit 

shall submit a complete application to the department at least 180 days before the estimated date of 

commencing construction of the new source or modification to an existing 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. 

52.2170(c) EPA-approved regulations 145
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 complete 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 emissions 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; 

52.2170(c) EPA-approved regulations 146
(4) If available, a copy of any prepared plans and the specifications of any equipment or other facilities 

that may affect the source, including pollution control devices; 

(5) A signed and notarized certification 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 determining compliance with 

the act or the Clean Air Act. 

The application must be signed by the responsible 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. 

52.2170(c) EPA-approved regulations 147
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 facts or information contained in an application are 

incorrect, the applicant shall submit the supplementary facts or corrected 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. 

52.2170(c) EPA-approved regulations 148
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 application for a construction permit, 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 application is incomplete within 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 information 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. 

52.2170(c) EPA-approved regulations 149
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 within 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 petition 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. 

52.2170(c) EPA-approved regulations 150
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 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; a statement that a person may submit comments 

or contest the draft permit within 30 days after the publication of the notice; a description of the 

procedures a person must follow to contest the draft permit and request 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 interested 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. 

52.2170(c) EPA-approved regulations 151
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 requirements 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. 

52.2170(c) EPA-approved regulations 152
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 notice shall include reference to the procedures for 

contesting the final permit decision 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. 

52.2170(c) EPA-approved regulations 153
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 hearing 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 comply 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 article 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 permit 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. 

52.2170(c) EPA-approved regulations 154
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 subdivision, agency, or institution granted a permit; 

(3) The type of operation; 

(4) The facility and 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 compliance with the act and the Clean Air Act; 

(9) Emission limits and standards, including operational 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 permit requirements if any 

portions of the permit are challenged; and 

(12) Provisions stating the following: 

52.2170(c) EPA-approved regulations 155
(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 any sort or any exclusive privilege; 

and 

(c) The permittee shall provide any information, including records, requested 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. 

52.2170(c) EPA-approved regulations 156
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 meeting 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. 

52.2170(c) EPA-approved regulations 157
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 administrative permit amendment immediately upon notifying 

the department. The department shall determine whether 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. 

52.2170(c) EPA-approved regulations 158
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 department determines that the permit contains a material mistake in 

establishing the emissions standards or limits or other requirements of the construction 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. 

52.2170(c) EPA-approved regulations 159
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. 

52.2170(c) EPA-approved regulations 160
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 not exempt from other requirements. The issuance of a 

construction permit for a new source or modification to an existing 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 applicable 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. 

52.2170(c) EPA-approved regulations 161
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 permit, if construction is discontinued 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 authority to commence construction or complete construction of the new source 

or modification to an existing 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. 

52.2170(c) EPA-approved regulations 162
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 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, 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. 

52.2170(c) EPA-approved regulations 163
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 information 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 chapter 74:09:01, or to request that the 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. 

52.2170(c) EPA-approved regulations 164
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 Air Act. This includes operating a source, unit, or 

control device that 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: 36 SDR 207, effective June 28, 2010. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

52.2170(c) EPA-approved regulations 165
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.

52.2170(c) EPA-approved regulations 166
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 impairment that interferes with the management, protection, 

preservation, or enjoyment of the visitor's visual experience of the mandatory Class I federal area. 

Adverse impact on visibility shall be based on a case-by-case basis taking into account the geographic 

extent, intensity, duration, frequency, and time of visibility impairment, and how these factors correlate 

with times of visitor use of a mandatory Class I federal area and the frequency and timing of natural 

conditions that reduce visibility; 

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

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

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

pollutant that is emitted by an existing stationary facility. The emission limitation must be established, 

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

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

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

improvement in visibility that may reasonable be anticipated to result from the use of such technology; 

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

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

partnership, political subdivision, municipality, rural electric cooperative, consumers power district, or 

any group or combination acting as a unit, owning or holding under lease, or otherwise real property 

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

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

federal area of five-tenths deciviews or more, based on a 24-hour average, above the average natural 

visibility baseline. A source exceeds the threshold if the 98th percentile (eighth highest value) of the 

modeling results, based on one year of the three years of meteorological data modeled, equals or 

exceeds five-tenths deciviews; 

52.2170(c) EPA-approved regulations 167
(7) "Major source," as defined in § 74:36:01:08(2) and (3); 

(8) "Mandatory Class I federal area," any area identified in 40 C.F.R. § 81, Subpart D (July 1, 2012); 

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

range, contrast, coloration, from that which would have existed under natural conditions; 

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

calculated in accordance with the following procedures: 

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

previous 29 operating days; 

(b) Sum the total heat input to the unit in million Btus during the operating day and the previous 29 

operating days; 

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

(d) For pounds per million Btus, divide the total number of pounds of the pollutant emitted during the 

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

(e) For pounds per hour, divide the total number of pounds of the pollutant emitted during the 30-day 

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

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

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

52.2170(c) EPA-approved regulations 168
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 any of the following 

stationary sources of air pollutants, including any reconstructed 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 potential 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 thermal 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;

52.2170(c) EPA-approved regulations 169
(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 transfer facilities with a capacity 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.

52.2170(c) EPA-approved regulations 170
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 department that the potential to emit from the new major 

source or modification to a major source will not contribute 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, 2010; 39 SDR 219, effective June 25, 2013. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-6. 

52.2170(c) EPA-approved regulations 171
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 reasonably be anticipated to contribute to adverse impact on visibility in any 

mandatory Class I federal area shall submit a BART determination. The BART determination shall 

follow the procedures outlined in 40 C.F.R. § 51, Subpart Y (July 1, 2012) and must be based on an 

analysis of the best system of continuous emission control technology available and associated 

emission reductions achievable for each BART-eligible source. In this analysis, the BART 

determination must take into consideration the technology available, the costs of compliance, the 

energy and nonair quality environmental impacts of compliance, any pollution control equipment in use 

at the source, the remaining useful life of the source, and the degree of improvement in visibility that 

may reasonably be anticipated to result from the use of such technology. The BART determination 

shall be submitted within nine months after being notified by the department that the existing stationary 

source is reasonably anticipated to contribute to adverse impact on visibility in any mandatory Class I 

federal area. 

Source: 37 SDR 111, effective December 7, 2010; 39 SDR 219, effective June 25, 2013. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-6. 

52.2170(c) EPA-approved regulations 172
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 BART-eligible coal-fired power plant. The owner or 

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

regulated air pollutant in excess of the following amounts:

(1) PM10 emissions in excess of 67.3 pounds per hour, which includes periods of startup and 

shutdown;

(2) PM10 emissions in excess of 0.012 pounds per million Btus, which includes periods of startup and 

shutdown;

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

shutdown, and malfunction;

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

startup, shutdown, and malfunction;

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

shutdown, and malfunction; and

(6) Nitrogen oxide emissions in excess of 0.10 pounds per million Btus, which 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 and 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 monitoring systems and a 30-day rolling average.

Source: 37 SDR 111, effective December 7, 2010; 38 SDR 39, effective September 19, 2011.

General Authority: SDCL 34A-1-6.

52.2170(c) EPA-approved regulations 173
Law Implemented: SDCL 34A-1-6. 

52.2170(c) EPA-approved regulations 174
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 major source, modification to a major source, or a BART-eligible 

source that emits any air pollutant which may reasonably be anticipated to contribute to adverse impact 

on visibility in any mandatory Class I federal area shall install, operate, and maintain the controls 

established in a visibility impact analysis or BART determination. The owner or operator of a new major 

source or modification to a major source must install and operate the controls established in a visibility 

impact analysis at initial startup. The owner or operator of a BART-eligible source required to install 

BART must install, operate, and demonstrate compliance 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. 

52.2170(c) EPA-approved regulations 175
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 BART 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 monitored to determine each control device is being operated properly.

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

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6. 

52.2170(c) EPA-approved regulations 176
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 controls established in a visibility impact analysis or BART determination shall conduct 

periodic monitoring, recordkeeping, and reporting. All sulfur dioxide and nitrogen oxides emissions 

from the BART-eligible source shall be routed to the main stack of a 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 nitrogen oxide in accordance with 40 C.F.R. Part 75 

(July 1, 2012), except the recordkeeping and reporting requirements for the continuous emission 

monitoring systems shall be in accordance with 40 C.F.R. § 60.7 (July 1, 2012). Monitoring and related 

recordkeeping and reporting requirements for other air pollutants from a BART-eligible source or from 

a major source or modification of a major source shall consist of at least the following: 

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

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

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

equipment or methods; 

(3) Documentation of the following: 

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

(b) The date or dates analyses were performed; 

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

(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: 

52.2170(c) EPA-approved regulations 177
(a) Submission of reports of any required monitoring must occur at least every six months. Reports 

must clearly identify all exceedances with §§ 74:36:21:04 and 74:36:21:06. All required reports must be 

certified by a responsible official; and 

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

The probable cause of such exceedance and any corrective actions or preventive measures taken 

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

(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. 

52.2170(c) EPA-approved regulations 178
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 74:36:20 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. 

52.2170(c) EPA-approved regulations 179
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, and 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. 

52.2170(c) EPA-approved regulations 180
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 determination 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, except for an application submitted in accordance with 

chapter 74:36:09 or 74:36:10. A notification 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 application for a new major source or modification to 

a major source shall include a copy of the permit application 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 visibility impact analysis or by the end of the public 

participation process, whichever is later. The department shall follow the procedures outlined in 

chapter 74:36:09 or 74:36:10 for an application submitted 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. 

52.2170(c) EPA-approved regulations 181
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 persons who emit or cause to be emitted fugitive dust 

as defined in Section 1.2 below. 

52.2170(c) EPA-approved regulations 182
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 particulate 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 designed 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. 

52.2170(c) EPA-approved regulations 183
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 emitted 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 concentration 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 Protection Agency, and at locations specified by the Air 

Quality Review Board as appropriate to the unique characteristics 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. 

52.2170(c) EPA-approved regulations 184
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 Section 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 routinely 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 vehicle to moving them by conveyance systems

52.2170(c) EPA-approved regulations 185
(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 enclose and vent the processing of dusty materials

(2) covering conveyance systems

(3) enclosing aggregate storage piles, or reducing the amount of vehicular or aggregate movement on 

open storage piles

(4) moisturizing or chemically treating 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 nonerodible material such as a gravel

(5) enclosing aggregate storage piles

1.4.2 Where owner or operator of a source had undertaken reasonably available control technology 

applicable under Section 1.4.1 but is found to cause violations of the standard specified in Section 1.3, 

the latter Section shall constitute the prevailing standard, in which case further controls would be 

required. 

52.2170(c) EPA-approved regulations 186
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 initiate 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 prior to the enactment of 

this regulation, provided that such work shall be complete prior to December, 31, 1981. 

52.2170(c) EPA-approved regulations 187
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 compliance plan and schedule which demonstrates to the 

satisfaction of the Air Quality Review Board that said standards will be met within a period of time 

acceptable to the Air Quality Review Board, (demonstrating reasonable progress with compliance of 

the standards by December 31, 1981). Said compliance 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 restrict their operations until a final 

decision is made by the Air Quality Review Board.

1.6.4 New applications received after the effective 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 operations and conditions which may cause a violation.

(b) A description of those reasonably available control technologies active at the time of the plan 

submission, and the anticipated effect of such controls upon ambient particulate concentrations.

52.2170(c) EPA-approved regulations 188
(c) A description on those additional, more stringent, emission abatement techniques 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 engineering reports or studies sufficient to demonstrate to 

the Air Quality Review Board’s satisfaction that the compliance 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 compliance 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 compliance 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. 

52.2170(c) EPA-approved regulations 189
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 available, the Air Quality Review Board finds that any 

person is in violation of the provision of this regulation the Air Quality Review Board shall notify the 

person in violation and shall state with reasonable specificity the nature of the violation, specify a time 

for compliance which the Air Quality Review Board determines is reasonable, taking into account the 

seriousness of the violation and any good faith efforts to comply with this regulation.

1.7.2 This Air Quality Review Board may issue an order to the person in violation requiring such person 

to comply with the requirements set forth in Sections 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 confer 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 injunction, whenever any person:

1. Fails or refuses to comply with the requirements of Sections 1.5 or 1.6.

2. Violates, fails, or refuses to comply with any order issued under Section 1.7.1. 

52.2170(c) EPA-approved regulations 190
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 Quality for the administration of this regulation. The 

Office of Air Quality shall be the administrative mechanism for the provisions of Sections 1.1 through 

1.7 of this regulation.

1.8.2 To provide guidance to the County and the Administrator of the Office of Air Quality, the county 

commissioners shall appoint a seven (7) person Air Quality Review Board to serve 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 regarding 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 Quality Review Board shall be: Two individuals representing industry, 

one individual representing the engineering profession, one individual representing environmental 

concerns, one individual representing affected homeowners, one individual representing the business 

community, and one individual on an at large basis. Each member will serve for three years on a 

staggered term basis. 

52.2170(c) EPA-approved regulations 191
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 requirement of any section of this ordinance shall be 

considered separable, and the invalidity of any section, provision, or requirement, or any portion 

thereof, shall not affect the validity or enforceability of any other portion. 

52.2170(c) EPA-approved regulations 192
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 79-02 (Renewal).pdf

52.2170(d) EPA-approved regulations 1
52.2170(d) EPA-approved regulations 2
52.2170(d) EPA-approved regulations 3