• Section 

74:36:07:01 

74:36:07:02 

74:36:07:03 

74:36:07:04 

74:36:07:05 

74:36:07:06 

New source performance standards. 

Standards of performance for fossil fuel-fired steam generators. 

Standards of performance for electric utility steam generators. 

Standards of performance for industrial, commercial, and institutional steam 

generating units. 

Standards of performance for small industrial, commercial, and institutional 

steam generating units. 

Standards of performance for incinerators. 

74:36:07:06.01 Standards of performance for hospital/medical/infectious waste incinerators 

constructed on or before June 20, 1996. 

• 74:36:07:06.02 Standards of performance for hospital/medical/infectious waste incinerators for 

• 

which construction is commenced after June 20, 1996. 

74:36:07:07 Standards of performance for municipal waste combustors. 

74:36:07:07.01 Standards of performance for municipal combustors constructed after September 

74:36:07:08 

74:36:07:09 

74:36:07:10 

74:36:07:11 

74:36:07:12 

20, 1994. 

Ash disposal requirements. 

Standards of performance for portland cement plants. 

Standards of performance for asphalt concrete plants. 

Repealed. 

Standards of performance for storage vessels of petroleum liquids constructed 

after June 11, 1973, and before May 19, 1978 . 

123 
74:36:07:13 

74:36:07:14 

74:36:07:15 

74:36:07:16 

74:36:07:17 

74:36:07:18 

74:36:07:19 

74:36:07:20 

74:36:07:21 

74:36:07:22 

Standards of performance for storage vessels of petroleum liquids constructed 

after May 18, 1978, and before July 24, 1984. 

Standards of performance for volatile organic liquid storage vessels (including 

petroleum liquid storage vessels) for which construction, reconstruction, or 

modification commenced after July 23, 1984. 

Standards of performance for sewage treatment plants. 

Standards of performance for coal preparation plants. 

Standards of performance for grain elevators. 

Standards of performance for stationary gas turbines. 

Standards of performance for lime manufacturing plants. 

Standards of performance for metallic mineral processing plants. 

Standards of performance for pressure-sensitive tape and label surface coating 

operations. 

Standards of performance for equipment leaks of VOC in the synthetic organic 

chemicals manufacturing industry. 

74:36:07:22.01 Standards of performance for equipment leaks of VOC in the svnthetic organic 

74:36:07:23 

74:36:07:24 

74:36:07:25 

74:36:07:26 

chemicals manufacturing industry for which construction, reconstruction, or 

modification commenced after November 7, 2006. 

Standards of performance for bulk gasoline terminals. 

Standards of performance for new residential wood heaters. 

Standards of performance for petroleum dry cleaners. 

Standards of performance for VOC emissions from synthetic organic chemical 

manufacturing industry (SOCMI) distillation operations. 

124 

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• 

• 

74:36:07:27 

74:36:07:28 

74:36:07:29 

74:36:07:30 

74:36:07:31 

74:36:07:32 

74:36:07:33 

74:36:07:34 

74:36:07:35 

74:36:07:36 

74:36:07:37 

74:36:07:38 

74:36:07:39 

74:36:07:40 

74:36:07:41 

74:36:07:42 

Standards of perfonnance for nonmetallic mineral processing plants. 

Standards of perfonnance for magnetic tape coating facilities. 

Operating requirements for wire reclamation furnaces. 

Monitoring requirements for wire reclamation furnaces. 

Standards of perfonnance for graphic arts industry -- Publication rotogravure 

printing. 

Standards of perfonnance for volatile organic compound emissions from 

synthetic organic chemical manufacturing industry (SOCMI) reactor 

processes. 

Standards of perfonnance for calciners and dryers in mineral industries. 

Existing municipal solid waste landfill. 

Plan submittal by existing municipal solid waste landfi11s. 

Co11ection system. 

Control system. 

Compliance schedule for existing municipal solid waste landfi11s. 

Existing municipal solid waste landfill operational standards for collection and 

control systems. 

Existing municipal solid waste landfill compliance provisions. 

Existing municipal solid waste landfill monitoring provisions. 

Existing municipal solid waste landfill reporting and recordkeeping. 

74:36:07:42.01 Additional reporting for existing municipal solid waste landfills. 

74:36:07:43 

74:36:07:44 

Standards of perfonnance for new municipal solid waste landfills. 

Standards of perfonnance for nitric acid plants. 

125 
74:36:07:45 

74:36:07:46 

Standards of performance for sulfuric acid plants. 

Standards of performance for petroleum refineries. 

74:36:07:46.01 Standards of performance for petroleum refineries for which construction, 

reconstruction, or modification commenced after May 14, 2007. 

74:36:07:47 

74:36:07:48 

74:36:07:49 

74:36:07:50 

74:36:07:51 

74:36:07:52 

74:36:07:53 

74:36:07:54 

74:36:07:55 

74:36:07:56 

74:36:07:57 

74:36:07:58 

74:36:07:59 

74:36:07:60 

74:36:07:61 

Standards of performance for secondary lead smelters. 

Standards of performance for secondary brass and bronze production plants. 

Standards of performance for primary emissions from basic oxygen process 

furnaces for which construction commenced after June 11, 1973. 

Standards of performance for secondary emissions from basic oxygen process 

steelmaking facilities for which construction commenced after January 20, 

1983. 

Standards of performance for primary copper smelter. 

Standards of performance for primary zinc smelter. 

Standards of performance for primary lead smelter. 

Standards of performance for primary aluminum reduction plant. 

Standards of performance for wet-process phosphoric acid plant. 

Standards of performance for superphosphoric acid plant. 

Standards of performance for diammonium phosphate plant. 

Standards of performance for triple superphosphate plant. 

Standards of performance for granular triple superphosphate storage facility. 

Standards of performance for ferroalloy production plant. 

Standards of performance for electric arc furnaces and argon-oxygen 

decarburization vessels constructed after August 17, 1983. 

126 

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• 

74:36:07:62 

74:36:07:63 

74:36:07:64 

74:36:07:65 

74:36:07:66 

74:36:07:67 

74:36:07:68 

74:36:07:69 

74:36:07:70 

74:36:07:71 

74:36:07:72 

74:36:07:73 

74:36:07:74 

74:36:07:75 

74:36:07:76 

Standards of performance for kraft pulp mills. 

Standards of performance for glass manufacturing plant. 

Standards of performance for surface coating of metal furniture. 

Standards of performance for lead-acid battery manufacturing plant. 

Standards of performance for automobile and light duty truck surface coating 

operations. 

Standards of performance for phosphate rock plants. 

Standards of performance for ammonium sulfate manufacture. 

Standards of performance for industrial surface coating -- Large appliances. 

Standards of performance for metal coil surface coating. 

Standards of performance for asphalt processing and asphalt roofing 

manufacture. 

Standards of performance for beverage can surface coating industry. 

Standards of performance for rubber tire manufacturing industry. 

Standards of performance for volatile organic compound emissions from 

polymer manufacturing industry. 

Standards of performance for flexible vinyl and urethane coating and printing. 

Standards of performance for equipment leaks ofVOC in petroleum refineries. 

74:36:07:76.01 Standards of performance for equipment leaks ofVOC in petroleum refineries. 

74:36:07:77 

74:36:07:78 

Standards of performance for synthetic fiber production facility. 

Standards of performance for VOC emissions from synthetic organic chemical 

manufacturing industry air oxidation unit process . 

127 
74:36:07:79 

74:36:07:80 

74:36:07:81 

74:36:07:82 

74:36:07:83 

74:36:07:84 

74:36:07:85 

74:36:07:86 

74:36:07:87 

74:36:07:88 

74:36:07:89 

74:36:07:90 

Standards of performance for equipment leaks ofVOC from onshore natural gas 

processing plant. 

Standards of performance for onshore natural gas processing. 

Standards of performance for wool fiberglass insulation manufacturing plant. 

Standards of performance for VOC emissions from petroleum refinery 

wastewater system. 

Standards of performance for industrial surface coating -- Surface coating of 

plastic parts for business machines. 

Standards of performance for polymeric coating of supporting substrates facility. 

Standards of performance for small municipal waste combustion units for which 

construction commenced after August 30, 1999, or modification or 

reconstruction commenced after June 6, 2001. 

Standards of performance for commercial and industrial solid waste incineration 

units for which construction commenced after November 30, 1999, or 

modification or reconstruction commenced on or after June 1, 2001. 

Standards of performance for other solid waste incineration units for which 

construction commenced after December 9, 2004, or modification or 

reconstruction commenced on or after June 16, 2006. 

Standards of performance for stationary compression ignition internal 

combustion engines. 

Standards of performance for stationary combustion turbines. 

Standards of performance for stationary spark ignition internal combustion 

engines. 

128 

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• 

74:36:07:01. New source performance standards. The general provisions for new 

source performance standards are those in 40 C.P.R. §§ 60.1 to 60.19, inclusive, (Jllly 1, 2006 

July 1. 2009). For the purposes of this chapter, "administrator" means the secretary ef-.the 

department, except for those authorities which that cannot be delegated to the state, in which case 

"administrator" means both the administrator of the Environmental Protection Agency and the 

secretary of the department. 

Source: 14 SDR 72, effective November 24, 1987; 16 SDR 88, effective November 14, 

1989; 17 SDR 170, effective May 13, 1991; transferred from § 74:26:08:43, 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; 33 SDR 

217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:07:02. Standards of performance for fossil fuel-fired steam generators. The 

standards of performance for fossil fuel-fired steam generators are those in 40 C.P.R. §§ 60.40 to 

60.46, inclusive, (JHly I, 2006 July 1. 2009) . 

• 

129 
Source: 14 SDR 72, effective November 24, 1987; 17 SDR 170, effective May 13, 1991; • 

transferred from § 74:26:09:07, 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; 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:07:03. Standards of performance for electric utility steam generators. The 

standards of performance for electric utility steam generators are those in 40 C.P.R.§§ 60.40Da 

to 60.49Da, inclusive, (Jaly 1, 2006 July 1, 200?). 

Source: 14 SDR 72, effective November 24, 1987; 17 SDR 170, effective May 13, 1991; • 

transferred from § 74:26:10:15, 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; 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-l-18. 

74:36:07:04. Standards of performance for industrial, commercial, and institutional 

steam generating units. The standards of performance for industrial, commercial, and 

• 

130 
• institutional steam generating units are those in 40 C.F.R. §§ 60.40b to 60.49b, inclusive, (July I, 

~July I, 2009). 

• 

• 

Source: I6 SDR 88, effective November I4, I989; I7 SDR I70, effective May I3, 199I; 

transferred from § 74:26:24:01, I9 SDR 157, effective April 22, 1993; 21 SDR 119, effective 

January 5, 1995; 23 SDR 106, effective December 29, I996; 26 SDR I68, effective June 27, 

2000; 30 SDR 26, effective September 1, 2003; 3I SDR IOI, effective January 2, 2005; 32 SDR 

209, effective June 13, 2006; 33 SDR 2I7, effective June 13, 2007. 

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-I-I8 . 

74:36:07:05. Standards of performance for small industrial, commercial, and 

institutional steam generating units. The standards of performance for small industrial, 

commercial, and institutional steam generating units are those in 40 C.F.R. §§ 60.40c to 60.48c, 

inclusive, (July 1, 2006 July 1, 2009). A source that operates a unit subject to 40 C.F.R. 

§§ 60.40c to 60.48c, inclusive, (July I, 2009) is exempt from the obligation to obtain a Part 70 

operating permit. if the source burns solely natural gas or propane and is not required to obtain a 

Part 70 operating permit for a reason other than the source is subject to 40 C.F.R. §§ 60.40c to 

60.48c, inclusive, (July 1, 2009). Exempted sources must still meet the applicable requirements 

in 40 C.F.R. §§ 60.40c to 60.48c. inclusive, (July I, 2009). 

Source: I9 SDR I 57, effective Aprii22, I993; 2I SDR 119, effective January 5, I995; 23 

SDR 106, effective December 29, 1996; 26 SDR 168, effective June 27, 2000; 30 SDR 26, 

131 
effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June • 

13, 2006; 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:07:06. Standards of performance for incinerators. The standards of performance 

for incinerators are those in 40 C.F.R. §§ 60.50 to 60.54, inclusive, (Jaly 1, 2006 July 1, 2009). 

Source: 14 SDR 72, effective November 24, 1987; 17 SDR 170, effective May 13, 1991; 

transferred from§ 74:26:11:06, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective 

January 5, 1995; 23 SDR 106, effective December 29, 1996; 30 SDR 26, effective September 1, 

2003; 31 SDR 101, effective January 2, 2005; 32 ·sDR 209, effective June 13, 2006; 33 SDR • 

217, effective June 13, 2007. 

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:07:06.01. Standards of performance for hospital/medical/infectious waste 

incinerators constructed on or before June 20, 1996. 40 C.F.R. Part 60, Subpart Ce (Jaly 1, 

~ July l, 2009), is incorporated into this rule by reference. Designated facilities under this 

su8part Subpart Ce shall comply with the requirements for state plan approval in 40 C.F.R. 

§§ 60.32e to 60.38e, inclusive, (hlly 1, 2006 July l, 2009). 

• 

132 
• 

• 

• 

The owner or operator of a hospital/medical/infectious waste incinerator constructed on or 

before June 20, 1996, that decides to cease operation shall notify the department within six 

months of EPA's approval of the state plan for hospital/medical/infectious waste incinerators. 

The written notification shall inform the department of when the unit will be shutdown. The 

shutdown date may not exceed one year after EPA's approval of the state plan for 

hospital/medical/infectious waste incinerators. 

The owner or operator of a hospital/medical/infectious waste incinerator constructed on or 

before June 20, 1996, that decides to comply with the requirements of this section shall submit a 

compliance plan within six months of state plan approval that meets the following deadlines: 

(I) Submit a Part 70 operating permit application and design drawings of the air pollution 

control device to the department within one year of state plan approval; 

(2) Submit a copy of the purchase order or other documentation indicating an order has 

been placed for the major components of the air pollution control device within 15 months of 

state plan approval; 

(3) Begin initiation of site preparation for installation of the air pollution control device 

within 2 years after state plan approval; 

(4) Complete installation of the air pollution control device within 30 months after state 

plan approval; and 

133 
(5) Conduct a performance test within 33 months after state plan approval. 

The owner or operator shall comply with 40 C.F.R. §§ 60.34e and 60.36e (July 1, 2006 

July l, 2009) within one year after state plan approval. The owner or operator shall comply with 

the remaining requirements in this section within three years after state plan approval or by 

September 15, 2002, whichever is earlier. 

Source: 25 SDR 123, effective April 4, 1999; 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; 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:07:06.02. Standards of performance for hospital/medical/infectious waste 

incinerators for which construction is commenced after June 20, 1996. The standards of 

performance for hospital/medical/infectious waste incinerators constructed after June 20, 1996, 

are those in 40 C.F.R. §§ 60.50c to 60.58c (July 1, 2006 July 1, 2009). 

Source: 25 SDR 123, effective April 4, 1999; 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; 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

134 

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• 

• 
• Law Implemented: SDCL 34A-1-18. 

74:36:07:07. Standards of performance for municipal waste combustors. The 

standards of performance for municipal waste combustors are those in 40 C.P.R. §§ 60.50a to 

60.59a, inclusive, (July 1, 2006 July 1, 2009). 

Source: 17 SDR 69, effective November 22, 1990; 17 SDR 170, effective May 13, 1991; 

18 SDR 90, effective November 24, 1991; transferred from§ 74:26:26:01, 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; 33 SDR 217, effective June 

• 13,2007. 

• 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:07:07.01. Standards of performance for municipal combustors constructed 

after September 20, 1994. The standards of performance for municipal waste combustors 

constructed after September 20, 1994, or modified or reconstructed after June 19, 1996, are those 

in 40 C.P.R. §§ 60.50b to 60.59b, inclusive, (July 1, 2006 July 1, 2009). 

Source: 23 SDR 106, effective December 29. 1996; 25 SDR 123, effective April4, 1999; 

26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, 

135 
effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, • 

2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

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 April22, 1993; 23 SDR 106, effective December 29, 1996. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:07:09. Standards of performance for portland cement plants. The standards of 

performance for portland cement plants are those in 40 C.P.R.§§ 60.60 to 60.66, inclusive, (My 

1, 2006 July 1, 2009). 

Source: 14 SDR 72, effective November 24, 1987; 17 SDR 170, effective May 13, 1991; 

transferred from § 74:26:12:06, 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; 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

136 

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• 
• 

• 

• 

Law Implemented: SDCL 34A-1-18. 

74:36:07:10. Standards of performance for asphalt concrete plants. The standards of 

performance for asphalt concrete plants are those in 40 C.F.R. §§ 60.90 to 60.93, inclusive, (fuly 

I, 2006 July 1, 2009). 

Source: 14 SDR 72, effective November 24, 1987; 17 SDR 170, effective May 13, 1991; 

transferred from § 74:26:13:05, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective 

January 5, 1995; 23 SDR 106, effective December 29, 1996; 30 SDR 26, effective September 1, 

2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 

217, effective June 13,2007 . 

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:07:11. Additional permit requirements for asphalt plants. Repealed. 

Source: 7SDR 4, effective July 27, 1980; transferred from§ 44:10:01:29, effective July 1, 

1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; transferred from§ 74:26:01:29, 19 SDR 

157, effective April22, 1993; repealed, 25 SDR 123, effective April4, 1999. 

74:36:07:12. Standards of performance for storage vessels of petroleum liquids 

constructed after June 11, 1973, and before May 19, 1978. The standards of performance for 

storage vessels of petroleum liquids constructed after June 11, 1973, and before May 19, 1978, 

137 
are those in 40 C.P.R.§§ 60.110 to 60.113, inclusive, (July 1, 2006 July l, 2009). A source that • 

operates a unit subject to 40 C.F.R. §§ 60.110 to 60.113, inclusive, (July l, 2009) is exempt from 

the obligation to obtain a Part 70 operating permit if the unit is not required to install controls 

and if the source is not required to obtain a Part 70 operating permit for a reason other than the 

source is subject to 40 C.P.R. §§ 60.110 to 60.113, inclusive, (July 1, 2009). Exempted sources 

must still meet the applicable requirements in 40 C.F.R. §§ 60.110 to 60.113, inclusive, (July l, 

Source: 14 SDR 72, effective November 24, 1987; 17 SDR 170, effective May 13, 1991; 

transferred from § 74:26:14:05, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective 

January 5, 1995; 23 SDR 106, effective December 29, 1996; 30 SDR 26, effective September 1, 

2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR • 

217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:07:13. Standards of performance for storage vessels of petroleum liquids 

constructed after May 18, 1978, and before July 24, 1984. The standards of performance for 

storage vessels of petroleum liquids constructed after May 18, 1978, and before July 24, 1984, 

are those in 40 C.P.R.§§ 60.110a to 60.115a, inclusive, (fuly 1, 2006 July l, 2009). A source 

that operates a unit subject to 40 C.P.R. §§ 60.110a to 60.115a, inclusive, (July 1, 2009) is 

exempt from the obligation to obtain a Part 70 operating permit if the unit is not required to 

install controls and if the source is not required to obtain a Part 70 operating permit for a reason 

138 

• 
• other than the source is subject to 40 C.P.R.§§ 60.110a to 60.115a, inclusive, (July 1, 2009). 

• 

• 

Exempted sources must still meet the applicable requirements in 40 C.P.R. §§ 60.110a to 

60.115a, inclusive, (July l, 2009). 

Source: 14 SDR 72, effective November 24, 1987; 16 SDR 88, effective November 14, 

1989; 17 SDR 170, effective May 13, 1991; transferred from § 74:26:20:19, 19 SDR 157, 

effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective 

December 29, 1996; 30 SDR 26, effective September I, 2003; 31 SDR 101, effective January 2, 

2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13,2007. 

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-l-18 . 

74:36:07:14. Standards of performance for volatile organic liquid storage vessels 

(including petroleum liquid storage vessels) for which construction, reconstruction, or 

modification commenced after July 23, 1984. The standards of performance for volatile 

organic liquid storage vessels (including petroleum liquid storage vessels) for which 

construction, reconstruction, or modification commenced after July 23, 1984, are those in 40 

C.P.R. §§ 60.11 Ob to 60.117b, inclusive, (July 1, 2006 July I, 2009). A source that operates a 

unit subject to 40 C.P.R. §§ 60.11 Ob to 60.117b, inclusive, (July 1, 2009) is exempt from the 

obligation to obtain a Part 70 operating permit if the unit is not required to install controls and if 

the source is not required to obtain a Part 70 operating permit for a reason other than the source is 

subject to 40 C.P.R.§§ 60.110b to 60.117b, inclusive, (July I, 2009). Exempted sources must 

139 
still meet the applicable requirements in 40 C.F.R. §§ 60.11 Ob to 60.117b, inclusive, (July 1, • 

2009). 

Source: 16 SDR 88, effective November 14, 1989; 17 SDR 170, effective May 13, 1991; 

transferred from § 74:26:25:01, 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; 33 SDR 217, effective June 13,2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:07:15. Standards of performance for sewage treatment plants. The standards of • 

performance for sewage treatment plants are those in 40 C.F.R. §§ 60.150 to 60.156, inclusive, 

(July 1, 2006 July 1, 2009). 

Source: 14 SDR 72, effective November 24, 1987; 17 SDR 170, effective May 13, 1991; 

transferred from § 74:26:15:06, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective 

January 5, 1995; 23 SDR 106, effective December 29, 1996; 30 SDR 26, effective September 1, 

2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 

217, effective June 13,2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

140 

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• 

• 

• 

74:36:07:16. Standards of performance for coal preparation plants. The standards of 

performance for coal preparation plants are those in 40 C.F.R. §§ 60.250 to 60.254, inclusive, 

(Jl:Hy 1, 2006 July 1, 2009). 

Source: 14 SDR 72, effective November 24, I987; 17 SDR I70, effective May 13, I99I; 

transferred from § 74:26:16:06, I9 SDR 157, effective April 22, I993; 21 SDR I19, effective 

January 5, I995; 23 SDR 106, effective December 29, I996; 30 SDR 26, effective September I, 

2003; 31 SDR IOI, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 

2I7, effective June 13, 2007. 

General Authority: SDCL 34A-I-6. 

Law Implemented: SDCL 34A-I-I8 . 

74:36:07:17. Standards of performance for grain elevators. The standards of 

performance for grain elevators are those in 40 C.F .R. §§ 60.300 to 60.304, inclusive, (Jl:Hy 1, 

:29% July 1, 2009). A source subject to 40 C.F.R. §§ 60.300 to 60.304, inclusive, (July 1, 2009) 

is exempt from the obligation to obtain a Part 70 operating permit if the source is not required to 

obtain a Part 70 operating permit for a reason other than the source is subject to 40 C.F.R. 

§§ 60.300 to 60.304, inclusive, (July 1, 2009). Exempted sources must still meet the applicable 

requirements in 40 C.F.R. §§ 60.300 to 60.304, inclusive, (July I, 2009). 

Source: I4 SDR 72, effective November 24, 1987; I6 SDR 88, effective November I4, 

1989; I7 SDR I70, effective May 13, I991; transferred from § 74:26:I7:06, I9 SDR I57, 

effective April 22, I993; 2I SDR 119, effective January 5, I995; 23 SDR I06, effective 

141 
December 29, 1996; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, • 

2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:07:18. Standards of performance for stationary gas turbines. The standards of 

performance for stationary gas turbines are those in 40 C.P.R. §§ 60.330 to 60.335, inclusive, 

(July 1, 2006 July 1, 2009). 

Source: 14 SD:R 72, effective November 24, 1987; 16 SDR 88, effective November 14, 

1989; 17 SDR 170, effective May 13, 1991; transferred from § 74:26:19:07, 19 SDR 157, 

effective April 22, 1993; 21 SDR 119, effective January 5, I995; 23 SDR I06, effective • 

December 29, I996; 30 SDR 26, effective September I, 2003; 31 SDR 10 I, effective January 2, 

2005; 32 SDR 209, effective June 13, 2006; 33 SDR 2I7, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-I-18. 

74:36:07:19. Standards of performance for lime manufacturing plants. The standards 

of performance for lime manufacturing plants are those in 40 C.P.R. §§ 60.340 to 60.344, 

inclusive, (July 1, 2006 July 1, 2009). 

Source: 14 SDR 72, effective November 24, 1987; 17 SDR I70, effective May 13, 199I; 

transferred from§ 74:26:18:10, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective 

142 

• 
• January 5, 1995; 23 SDR 106, effective December 29, 1996; 30 SDR 26, effective September I, 

2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 

217, effective June 13, 2007. 

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-l-18. 

74:36:07:20. Standards of performance for metallic mineral processing plants. The 

standards of performance for metallic mineral processing plants are those in 40 C.F.R. §§ 60.380 

to 60.386, inclusive, (July I, 2006 July I, 2009). 

Source: 11 SDR 151, effective May 12, 1985; 13 SDR 129, 13 SDR 141, effective July I, 

• 1987; 14 SDR 72, effective November 24, 1987; 17 SDR 170, effective May 13, 1991; 

transferred from§ 74:26:21:02, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective 

January 5, 1995; 23 SDR 106, effective December 29, 1996; 30 SDR 26, effective September I, 

2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 

217, effective June 13, 2007. 

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-l-18. 

74:36:07:21. Standards of performance for pressure-sensitive tape and label surface 

coating operations. The standards of performance for pressure-sensitive tape and label surface 

coating operations are those in 40 C.F.R. §§ 60.440 to 60.447, inclusive, (July 1, 2006 July 1, 

• 2009). 

143 
Source: 19 SDR 157, effective April22, 1993; 21 SDR 119, effective January 5, 1995; 23 

SDR 106, effective December 29, 1996; 30 SDR 26, effective September 1, 2003; 31 SDR 101, 

effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 

2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:07:22. Standards of performance for equipment leaks of VOC in the synthetic 

organic chemicals manufacturing industry. The standards of performance for equipment leaks 

of VOC in the synthetic organic chemicals manufacturing industry are those in 40 C.F.R . 

§§ 60.480 to 60.489, inclusive, (July 1, 2006 July 1, 2009). 

Source: 19 SDR 157, effective April22, 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; 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:07:22.01. Standards of performance for equipment leaks of VOC in the 

synthetic organic chemicals manufacturing industry for which construction, 

reconstruction, or modification commenced after November 7, 2006. The standards of 

144 

• 

• 

• 
• performance for equipment leaks of VOC in the synthetic organic chemicals manufacturing 

industry, for which construction, reconstruction, or modification commenced after November 7, 

• 

• 

2006, are those in 40 C.P.R. § 60, Subpart VVa (July 1, 2009). 

Source: 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:07:23. Standards of performance for bulk gasoline terminals. The standards of 

performance for bulk gasoline terminals are those in 40 C.P.R. §§ 60.500 to 60.506, inclusive, 

(July 1, 2006 July 1, 2009) . 

Source: 19 SDR 157, effective April22, 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; 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:07:24. Standards of performance for new residential wood heaters. The 

standards of performance for new residential wood heaters are those in 40 C.P.R. §§ 60.530 to 

60.539b, inclusive, (July 1, 2006 July L 2009) . 

145 
Source: 19 SDR 157, effective April22, 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; 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:07:25. Standards of performance for petroleum dry cleaners. The standards of 

performance for petroleum dry cleaners are those in 40 C.F.R. §§ 60.620 to 60.625, inclusive, 

(Jt1ly 1, 2006 July 1, 2009). A source subject to 40 C.F.R. §§ 60.620 to 60.625, inclusive, (July 1, 

2009) is exempt from the obligation to obtain a Part 70 operating permit if the source is not 

required to obtain a Part 70 operating permit for a reason other than the source is subject to 40 • 

C.F.R. §§ 60.620 to 60.625, inclusive, (July 1, 2009). Exempted sources must still meet the 

applicable requirements in 40 C.F.R. §§ 60.620 to 60.625. inclusive, (July 1, 2009). 

Source: 19 SDR 157, effective April22, 1993; 21 SDR 119, effective January 5, 1995; 23 

SDR 106, effective December 29, 1996; 30 SDR 26, effective September 1, 2003; 31 SDR 101, 

effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 

2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

146 

• 
• 

• 

• 

74:36:07:26. Standards of performance for VOC emissions from synthetic organic 

chemical manufacturing industry (SOCMI) distillation operations. The standards of 

performance for VOC emissions from synthetic organic chemical manufacturing industry 

(SOCMI) distillation operations are tho~e in 40 C.F.R. §§ 60.660 to 60.668, inclusive, (Jffiy 1, 

~ July I, 2009). 

Source: I9 SDR I 57, effective April22, I993; 2I SDR II9, effective January 5, I995; 23 

SDR 106, effective December 29, I996; 26 SDR I68, effective June 27, 2000; 30 SDR 26, 

effective September I, 2003; 3I SDR IOI, effective January 2, 2005; 32 SDR 209, effective June 

13, 2006; 33 SDR 2I7, effective June I3, 2007. 

General Authority: SDCL 34A-I-6 . 

Law Implemented: SDCL 34A-I-I8. 

74:36:07:27. Standards of performance for nonmetallic mineral processing plants. 

The standards of performance for nonmetallic mineral processing plants are those in 40 C.F.R. 

§§ 60.670 to 60.676, inclusive, (July 1, 2006 July I, 2009). 

Source: I2 SDR I83, effective May 2I, I986; 13 SDR I29, 13 SDR I4I, effective July I, 

I987; I4 SDR 72, effective November 24, I987; I7 SDR I70, effective May I3, I99I; 

transferred from § 74:26:23:02, I9 SDR I57, effective April 22, I993; 2I SDR II9, effective 

January 5, I995; 23 SDR I06, effective December 29, I996; 26 SDR I68, effective June 27, 

2000; 30 SDR 26, effective September I, 2003; 3I SDR IOI, effective January 2, 2005; 32 SDR 

209, effective June 13, 2006; 33 SDR 2I7, effective June 13, 2007. 

147 
General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:07:28. Standards of performance for magnetic tape coating facilities. The 

standards of performance for magnetic tape coating facilities are those in 40 C.F.R. §§ 60.710 to 

60.718, inclusive, (July 1, 2009 July 1, 2009). 

Source: 19 SDR 157, effective Apri122, 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; 33 SDR 217, effective June 13,2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

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 April22, 1993. 

148 

• 

• 

• 
• 

• 

• 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

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 April22, 1993. 

General Authority: SDCL 34A-1-6 . 

Law Implemented: SDCL 34A-1-11. 

74:36:07:31. Standards of performance for graphic arts industry -- Publication 

rotogravure printing. The standards of performance for publication rotogravure printing in the 

graphic arts industry are those in 40 C.P.R.§§ 60.430 to 60.435, inclusive, (J1:1ly 1; 2006 July 1, 

2009). 

Source: 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 

1996; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 

209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-l-6 . 

Law Implemented: SDCL 34A-1-18. 

149 
74:36:07:32. Standards of performance for volatile organic compound emissions 

from synthetic organic chemical manufacturing industry (SOCMI) reactor processes. The 

standards of performance for volatile organic compound emissions from synthetic organic 

chemical manufacturing industry reactor processes are those in 40 C.P.R. §§ 60.700 to 60.707, 

inclusive, (July 1, 2006 July 1, 2009). 

Source: 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; 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:07:33. Standards of performance for calciners and dryers in mineral 

industries. The standards of performance for calciners and dryers in mineral industries are those 

in 40 C.P.R.§§ 60.730 to 60.736, inclusive, (Jaly 1, 2006 July 1, 2009). 

Source: 23 SDR 106, effective December 29, 1996; 30 SDR 26, effective September 1, 

2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 

217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

150 

• 

• 

• 
• 

• 

• 

74:36:07:34. Existing municipal solid waste landf"ill. The owner or operator of an 

existing municipal solid waste landfill that meets the following conditions shall comply with 

§§ 74:36:07:35 to 74:36:07:42, inclusive: 

(1) The landfill has accepted waste at any time since November 8, 1987, or has additional 

design capacity available for future waste deposition; 

(2) The landfill has a design capacity greater than or equal to 2.5 million megagrams and 

2.5 million cubic meters. The landfill may calculate design capacity either in megagrams or cubic 

meters. Density conversions must be documented and submitted with the report; and 

(3) The landfill has a nonmethane organic compound emission rate of 50 megagrams a year 

or more. The calculation of the landfill nonmethane organic compound emission rate must meet 

the requirements of 40 C.F.R. § 60.754 (July 1, 2006 July 1, 2009), to determine the landfill 

nonmethane organic compound emission rate. 

Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April4, 1999; 

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; 33 SDR 217, effective June 13, 

2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18 . 

151 
74:36:07:35. Plan submittal by existing municipal solid waste landfills. The owner or • 

operator of an existing municipal solid waste landfill that meets the requirements of 

§ 74:36:07:34 shall submit a plan within one year of the first annual report showing the 

nonmethane organic compound emissions equal or exceed 50 megagrams a year. The plan must 

be prepared by a professional engineer and contain a collection and control system and a 

compliance schedule that meets§ 74:36:07:38. The plan must be approved by the department in 

accordance with§§ 74:36:07:36 to 74:36:07:38, inclusive. 

Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April4, 1999. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:07:36. Collection system. The department shall approve the collection and control 

system plan if it is equivalent to or meets the conditions provided in 40 C.P.R. § 60.752(b )(2)(ii) 

(J\ily 1, 2006 July 1, 2009), and the control requirements in§ 74:36:07:37. 

Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April4, 1999; 

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; 33 SDR 217, effective June 13, 

2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

152 

• 

• 
• 74:36:07:37. Control system. The department shall approve the control system if it is 

equivalent to or meets one of the following requirements: 

(1) An open flare designed and operated in accordance with the parameters established in 

40 C.F.R. § 60.18 (Il:1ly 1, 2006 July 1, 2009); 

(2) A control system designed and operated to reduce nonmethane organic compounds by 

98 percent by weight; or 

(3) An enclosed combustor designed and operated to either reduce nonmethane organic 

compounds by 98 percent by weight or the outlet nonmethane organic compound concentration 

• to 20 parts per million as hexane by volume, dry basis at three percent oxygen, or less. 

• 

Source: 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; 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:07:38. Compliance schedule for existing municipal solid waste landfills. The 

owner or operator of an existing municipal solid waste landfill that meets the requirements of 

§ 74:36:07:34 must meet the following compliance dates: 

153 
(1) Award contracts within 15 months of the first annual report showing the nonmethane • 

organic compound emissions equal or exceed 50 megagrams a year; 

(2) Begin construction within 18 months of the first annual report showing the 

nonmethane organic compound emissions equal or exceed 50 megagrams a year; 

(3) Complete construction within 30 months of the first annual report showing the 

nonmethane organic compound emissions equal or exceed 50 megagrams a year; and 

(4) Demonstrate compliance with all applicable requirements within 180 days of 

completing construction. 

Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April4, 1999. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:07:39. Existing municipal solid waste landfill operational standards for 

collection and control systems. The owner or operator of an existing municipal solid waste 

landfill that meets the requirements of § 74:36:07:34 shall meet the operational standards for 

collection and control systems in 40 C.F.R. § 60.753 (lt:tly 1, 2006 July 1, 2009). 

Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April4, 1999; 

26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, 

154 

• 

• 
• effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 

2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:07:40. Existing municipal solid waste landfill compliance provisions. The owner 

or operator of an existing municipal solid waste landfill that meets the requirements of 

§ 74:36:07:34 shall meet the compliance provisions in 40 C.F.R. § 60.755 (July 1, 2006 July 1, 

2009). 

Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April4, 1999; 

• 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; 33 SDR 217, effective June 13, 

2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:07:41. Existing municipal solid waste landfill monitoring provisions. The owner 

or operator of an existing municipal solid waste landfill that meets the requirements of 

§ 74:36:07:34 shall meet the monitoring provisions in 40 C.F.R. § 60.756 (July 1, 2006 July 1, 

2009) . 

• 

155 
Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April4, 1999; • 

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; 33 SDR 217, effective June 13, 

2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:07:42. Existing municipal solid waste landntl reporting and recordkeeping. 

The owner or operator of an existing municipal solid waste landfill that meets the requirements 

of§ 74:36:07:34 shall meet the reporting and recordkeeping requirements specified in 40 C.P.R. 

§§ 60.757 and 60.758 (fuly 1, 2006 July 1, 2009). 

Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April4, 1999; 

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; 33 SDR 217, effective June 13, 

2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:07:42.01. Additional reporting for existing municipal solid waste landfills. The 

owner or operator of an existing municipal solid waste landfill that meets the requirements of 

subdivisions 74:36:07:34(1) and (2) shall submit an initial nonmethane organic compound 

emission rate report within 90 days of the effective date of EPA's approval of the state's § 111 (d) 

156 

• 

• 
• plan required in the Clean Air Act and annually or every five years thereafter in accordance with 

40 C.P.R.§ 60.757(b) (July 1, :woe July 1, 2009). 

Source: 25 SDR 123, effective April 4, 1999; 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; 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-l-18 

74:36:07:43. Standards of performance for new municipal solid waste landfills. The 

standards of performance for municipal solid waste landfills that commenced construction, 

• reconstruction, or modification on or after May 29, 1991, are those in 40 C.P.R. §§ 60.751 to 

• 

60.759, inclusive, (July 1, 2009 July I, 2009). Physical or operational changes made to existing 

municipal solid waste landfills solely to comply with §§ 74:36:07:34 to 74:36:07:42, inclusive, 

or activities required by or conducted pursuant to a CERCLA, RCRA, or state remedial action 

are not considered construction, reconstruction, or modification for purposes ofthis section. 

Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April4, 1999; 

26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September I, 2003; 31 SDR 101, 

effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 

2007. 

General Authority: SDCL 34A-l-6 . 

Law Implemented: SDCL 34A-l-18. 

!57 
74:36:07:44. Standards of performance for nitric acid plants. The standards of 

performance for nitric acid plants are those in 40 C.F.R. §§ 60.70 to 60.74, inclusive, (July l, 

:WGe July 1, 2009). 

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:07:45. Standards of performance for sulfuric acid plants. The standards of 

performance for sulfuric acid plants are those in 40 C.F.R. §§ 60.80 to 60.85, inclusive, (July 1, 

:WGe July 1, 2009). 

Source: 33 SDR 217, effective June 13,2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:07:46. Standards of performance for petroleum refmeries. The standards of 

performance for petroleum refineries are those in 40 C.F.R. §§ 60.100 to 60.108, inclusive, (My 

1, 2006 July 1, 2009). 

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

158 

• 

• 

• 
• Law Implemented: SDCL 34A-1-18. 

74:36:07:46.01. Standards of performance for petroleum refmeries for which 

construction, reconstruction, or modification commenced after May 14, 2007. The standards 

of performance for petroleum refineries for which construction, reconstruction, or modification 

commenced after May 14, 2007, are those in 40 C.P.R.§ 60, Subpart Ja, (July 1, 2009). 

Source: 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:07:47. Standards of performance for secondary lead smelters. The standards of 

• performance for secondary lead smelters are those in 40 C.P.R. §§ 60.120 to 60.123, inclusive, 

(JHly 1, 2006 July 1, 2009). 

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:07:48. Standards of performance for secondary brass and bronze production 

plants. The standards of performance for secondary brass and bronze production plants are those 

in 40 C.P.R. §§ 60.130 to 60.133, inclusive, (Jlily I, 2006 July 1, 2009) . 

• Source: 33 SDR 217, effective June 13, 2007. 

159 
General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:07:49. Standards of performance for primary emissions from basic oxygen 

process furnaces for which construction commenced after June 11, 1973. The standards of 

performance for basic oxygen process furnaces are those in 40 C.P.R. §§ 60.140 to 60.144, 

inclusive, (July 1, 2006 July 1, 2009). 

Source: 33 SDR 217, effective June 13,2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:07:50. Standards of performance for secondary emissions from basic oxygen 

process steelmaking facilities for which construction commenced after January 20, 1983. 

The standards of perfonnance for basic oxygen process steelmaking facilities are those in 40 

C.P.R.§§ 60.140a to 60.145a, inclusive, (July 1, 2006 July 1, 2009). 

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

160 

• 

• 

• 
• 

• 

• 

74:36:07:51. Standards of performance for primary copper smelter. The standards of 

performance for primary copper smelters are those in 40 C.P.R. §§ 60.160 to 60.166, inclusive, 

(J1:1ly 1, 2006 July 1, 2009). 

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:07:52. Standards of performance for primary zinc smelter. The standards of 

performance for primary zinc smelters are those in 40 C.P.R. §§ 60.170 to 60.176, inclusive, 

(Jlliy 1, 2006 July 1, 2009) . 

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:07:53. Standards of performance for primary lead smelter. The standards of 

performance for primary lead smelters are those in 40 C.P.R. §§ 60.180 to 60.186, inclusive, 

(J1:1ly 1, 2006 July 1, 2009). 

Source: 33 SDR 217, effective June 13,2007. 

General Authority: SDCL 34A-1-6 . 

Law Implemented: SDCL 34A-1-18. 

161 
74:36:07:54. Standards of performance for primary aluminum reduction plant. The 

standards of performance for primary aluminum reduction plants are those in 40 C.F.R. 

§§ 60.190 to 60.195, inclusive, (Jtily 1, 2008 July 1, 2009). 

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:07:55. Standards of performance for wet-process phosphoric acid plant. The 

standards of performance for wet-process phosphoric acid plants are those in 40 C.F.R. 

§§ 60.200 to 60.204, inclusive, (J1:1ly 1, 2008 July 1, 2009). 

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:07:56. Standards of performance for superphosphoric acid plant. The standards 

of performance for superphosphoric acid plants are those in 40 C.F.R. §§ 60.210 to 60.214, 

inclusive, (Jwy 1, 2008 July 1, 2009). 

Source: 33 SDR 217, effective June 13,2007. 

General Authority: SDCL 34A-1-6. 

162 

• 

• 

• 
• Law Implemented: SDCL 34A-l-18. 

74:36:07:57. Standards of performance for diammonium phosphate plant. The 

standards ofperfonnance for diammonium phosphate plants are those in 40 C.P.R.§§ 60.220 to 

60.224, inclusive, (July I, 2006 July 1, 2009). 

Source: 33 SDR 217, effective June 13,2007. 

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-l-18. 

74:36:07:58. Standards of performance for triple superphosphate plant. The 

• standards of perfonnance for triple superphosphate plants are those in 40 C.P.R. §§ 60.230 to 

60.234, inclusive, (July I, 2006 July 1, 2009). 

Source: 33 SDR 217, effective June 13,2007. 

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:07:59. Standards of performance for granular triple superphosphate storage 

facility. The standards of perfonnance for granular triple superphosphate storage facilities are 

those in 40 C.P.R. §§ 60.240 to 60.244, inclusive, (July I, 2006 July 1, 2009) . 

• Source: 33 SDR 217, effective June 13,2007. 

163 
General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:07:60. Standards of performance for ferroalloy production plant. The standards 

of performance for ferroalloy production plants are those in 40 C.F.R. §§ 60.260 to 60.266, 

inclusive, (J&ly 1, 2006 July 1, 2009). 

Source: 33 SDR 217, effective June 13,2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

• 

74:36:07:61. Standards of performance for electric arc furnaces and argon-oxygen • 

decarburization vessels constructed after August 17, 1983. The standards of performance for 

electric arc furnaces and argon-oxygen decarburization vessels are those in 40 C.F.R. §§ 60.270a 

to 60.276a, inclusive, (July 1, 2006 July I, 2009). 

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-I-18. 

74:36:07:62. Standards of performance for kraft pulp mills. The standards of 

performance for kraft pulp mills are those in 40 C.F.R. §§ 60.280 to 60.285, inclusive, (July 1, 

2.006 July 1, 2009). 

164 

• 
• 

• 

• 

Source: 33 SDR 217, effective June 13,2007. 

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:07:63. Standards of performance for glass manufacturing plant. The standards 

of performance for glass manufacturing plants are those in 40 C.F.R. §§ 60.290 to 60.296, 

inclusive, (lHly 1, 2006 July 1, 2009). 

Source: 33 SDR 217, effective June 13,2007. 

General Authority: SDCL 34A-1-6 . 

Law Implemented: SDCL 34A-1-18. 

74:36:07:64. Standards of performance for surface coating of metal furniture. The 

standards of performance for surface coating of metal furniture are those in 40 C.F.R. §§ 60.310 

to 60.316, inclusive, (July 1, 2006 July 1, 2009). 

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18 . 

165 
74:36:07:65. Standards of performance for lead-acid battery manufacturing plant. • 

The standards of performance for lead-acid battery manufacturing plants are those in 40 C.P.R. 

§§ 60.370 to 60.374, inclusive, (July 1, 2009 July 1, 2009). 

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:07:66. Standards of performance for automobile and light duty truck surface 

coating operations. The standards of performance for automobile and light duty truck surface 

coating operations are those in 40 C.P.R. §§ 60.390 to 60.398, inclusive, (J1:1ly 1, 2009 July 1, 

2009). • 

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:07:67. Standards of performance for phosphate rock plants. The standards of 

performance for phosphate rock plants are those in 40 C.P.R. §§ 60.400 to 60.404, inclusive, 

(July 1, 2006 July 1, 2009). 

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-l-6. • 

166 
• Law Implemented: SDCL 34A-l-18. 

74:36:07:68. Standards of performance for ammonium sulfate manufacture. The 

standards of performance for anrmonium sulfate manufacture are those in 40 C.P.R.§§ 60.420 to 

60.424, inclusive, (July 1, 2006 July 1, 2009). 

Source: 33 SDR 217, effective June 13,2007. 

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-l-18. 

74:36:07:69. Standards of performance for industrial surface coating -- Large 

• appliances. The standards of performance for industrial surface coating of large appliances are 

those in 40 C.F.R. §§ 60.450 to 60.456, inclusive, (July 1, 2006 July 1, 2009). 

• 

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-l-18. 

74:36:07:70. Standards of performance for metal coil surface coating. The standards 

of performance for metal coil surface coating are those in 40 C.F.R. §§ 60.460 to 60.466, 

inclusive, (July 1, 2006 July 1, 2009) . 

Source: 33 SDR 217, effective June 13,2007. 

167 
General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-l-18. 

74:36:07:71. Standards of performance for asphalt processing and asphalt roormg 

manufacture. The standards of performance for asphalt processing and asphalt roofing 

manufacture are those in 40 C.F.R. §§ 60.470 to 60.474, inclusive, (Jffiy 1, 2006 July 1, 2009). 

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-l-18. 

• 

74:36:07:72. Standards of performance for beverage can surface coating industry. • 

The standards of performance for beverage can surface coating industry are those in 40 C.F .R. 

§§ 60.490 to 60.496, inclusive, (Jffiy 1, 2006 July 1, 2009). 

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-l-18. 

74:36:07:73. Standards of performance for rubber tire manufacturing industry. The 

standards of performance for rubber tire manufacturing industry are those in 40 C.F.R. §§ 60.540 

to 60.548, inclusive, (July 1, 2006 July 1, 2009). 

168 

• 
• 

• 

• 

Source: 33 SDR 217, effective June 13,2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:07:74. Standards of performance for volatile organic compound emissions 

from polymer manufacturing industry. The standards of performance for polymer 

manufacturing industry are those in 40 C.F.R. §§ 60.560 to 60.566, inclusive, (JI:lly 1, 2006 July 

1, 2009). 

Source: 33 SDR 217, effective June 13,2007. 

General Authority: SDCL 34A-1-6 . 

Law Implemented: SDCL 34A-l-18. 

74:36:07:75. Standards of performance for flexible vinyl and urethane coating and 

printing. The standards of performance for flexible vinyl and urethane coating and printing are 

those in 40 C.F.R. §§ 60.580 to 60.585, inclusive, (JI:lly 1, 2006 July 1, 2009). 

Source: 33 SDR 217, effective June 13,2007. 

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-1-18 . 

169 
74:36:07:76. Standards of performance for equipment leaks of VOC in petroleum • 

refineries. The standards of performance for equipment leaks in petroleum refineries are those in 

40 C.F.R. §§ 60.590 to 60.593, inclusive, (Jtdy 1, 2009 July 1, 2009). 

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-l-18. 

74:36:07:76.01. Standards of performance for equipment leaks of VOC in petroleum 

refineries. The standards of performance for equipment leaks in petroleum refineries for which 

construction, reconstruction, or modification commenced after November 7, 2006. are those in 

40 C.F.R. § 60, Subpart GGGa, (July 1, 2009). • 

Source: 

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-l-18. 

74:36:07:77. Standards of performance for synthetic fiber production facility. The 

standards of performance for synthetic fiber production facilities are those in 40 C.F.R. 

§§ 60.600 to 60.604, inclusive, (July 1, 2009 July 1, 2009). 

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. • 

170 
• 

• 

• 

Law Implemented: SDCL 34A-1-18. 

74:36:07:78. Standards of performance for VOC emissions from synthetic organic 

chemical manufacturing industry air oxidation unit process. The standards of performance 

for synthetic organic chemical manufacturing industry air oxidation unit processes are those in 40 

C.P.R.§§ 60.610 to 60.618, inclusive, (July 1, 2006 July 1, 2009). 

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-l-18 . 

74:36:07:79. Standards of performance for equipment leaks of VOC from onshore 

natural gas processing plant. The standards of performance for equipment leaks from onshore 

natural gas processing plants are those in 40 C.P.R. §§ 60.630 to 60.636, inclusive, (July 1, 2GG6 

July 1, 2009). 

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:07:80. Standards of performance for onshore natural gas processing. The 

standards of performance for onshore natural gas processing are those in 40 C.P.R. §§ 60.640 to 

60.648, inclusive, (July 1, 2GG6 July 1, 2009). 

171 
Source: 33 SDR 217, effective June 13,2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:07:81. Standards of performance for wool fiberglass insulation manufacturing 

plant. The standards of performance for wool fiberglass insulation manufacturing plants are 

those in 40 C.F .R. §§ 60.680 to 60.685, inclusive, (July 1, :6006 July 1, 2009). 

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:07:82. Standards of performance for VOC emissions from petroleum refmery 

wastewater system. The standards of performance for petroleum refinery wastewater systems 

are those in 40 C.F.R. §§ 60.690 to 60.699, inclusive, (July 1, 2006 July 1, 2009). 

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:07:83. Standards of performance for industrial surface coating -- Surface 

coating of plastic parts for business machines. The standards of performance for the surface 

172 

• 

• 

• 
• coating of plastic parts for business machines are those in 40 C.P.R. §§ 60.720 to 60.726, 

inclusive, (July 1, 2006 July 1, 2009). 

Source: 33 SDR 217, effective June 13,2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:07:84. Standards of performance for polymeric coating of supporting 

substrates facility. The standards of performance for polymeric coating of supporting substrates 

facilities are those in 40 C.P.R.§§ 60.740 to 60.748, inclusive, (July 1, 2006 July 1, 2009) . 

• Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:07:85. Standards of performance for small municipal waste combustion units 

for which construction commenced after August 30, 1999, or modification or 

reconstruction commenced after June 6, 2001. The standards of performance for small 

municipal waste combustion units are those in 40 C.P.R. § 60, Subpart AAAA (July 1, 2006 July 

1, 2009). 

Source: 33 SDR 217, effective June 13, 2007 . 

• General Authority: SDCL 34A-1-6. 

173 
Law Implemented: SDCL 34A-l-18. 

74:36:07:86. Standards of performance for commercial or industrial solid waste 

incineration units for which construction commenced after November 30, 1999, or 

modification or reconstruction commenced on or after June 1, 2001. The standards of 

performance for commercial solid waste incineration units are those in 40 C.F.R. § 60, Subpart 

ecce (Jffiy 1, 2006 July 1, 2009). 

Source: 33 SDR 217, effective June 13,2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:07:87. Standards of performance for other solid waste incineration units for 

which construction commenced after December 9, 2004, or modification or reconstruction 

commenced on or after June 16, 2006. The standards of performance for other solid waste 

incineration units are those in 40 C.F.R. § 60, Subpart EEEE (JHly 1, 2006 July 1, 2009). 

Source: 33 SDR 217, effective June 13,2007. 

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-l-18. 

74:36:07:88. Standards of performance for stationary compression ignition internal 

combustion engines. The standards of performance for stationary compression ignition internal 

174 

• 

• 

• 
• combustion engines are those in 40 C.F.R. § 60, Subpart IIII (J1:1ly 1, 2006 July 1, 2009). A 

source subject to Subpart IIII is exempt from the obligation to obtain a Part 70 operating permit if 

the source is not required to obtain a Part 70 operating permit for a reason other than the source is 

subject to Subpart IIII. Exempted sources must still meet the applicable reguirements in Subpart 

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:07:89. Standards of performance for stationary combustion turbines. The 

• standards of performance for stationary combustion turbines are those in 40 C.F.R. §§ 60.4300 to 

60.4420, inclusive, (Jl:lly 1, 2006 July 1, 2009). 

Source: 33 SDR 217, effective June 13,2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:07:90. Standards of performance for stationary spark ignition internal 

combustion engines. The standards of performance for stationary spark combustion engines are 

those in 40 C.P.R. § 60, Subpart JJJJ (July 1, 2009). A source subject to Subpart JJJJ is exempt 

from the obligation to obtain a Part 70 operating permit if the source is not required to obtain a 

• 

175 
Part 70 operating permit for a reason other than the source is subject to Subpart JJJJ. Exempted • 

sources must still meet the applicable requirements in Subpart JJJJ. 

Source: 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

CHAPTER 74:36:08 

NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS 

Section • 

74:36:08:00 Administrator defined. 

74:36:08:01 General provisions-- National emission standards for hazardous air pollutants. 

74:36:08:02 Emission standards for asbestos air pollutants. 

74:36:08:02.01 Emission standards for equipment leaks (fugitive emission sources) ofbenzene. 

74:36:08:02.02 Emission standards for benzene emissions from benzene storage vessels. 

74:36:08:02.03 Emission standards for benzene emissions from benzene transfer operations. 

74:36:08:02.04 Emission standards for benzene waste operations. 

74:36:08:03 General provisions -- National emission standards for hazardous air pollutants 

for source categories. 

• 

176 
• 74:36:08:03.01 Requirements for control technology determinations for maJor sources in 

74:36:08:04 

74:36:08:05 

74:36:08:06 

74:36:08:07 

74:36:08:08 

• 74:36:08:09 

74:36:08:10 

74:36:08:11 

74:36:08:12 

74:36:08:13 

74:36:08:14 

74:36:08:15 

• 74:36:08:16 

accordance with Clean Air Act sections 112(g) and 112G). 

National perchloroethylene air emission standards for dry cleaning facilities. 

National emission standards for organic hazardous air pollutants from the 

synthetic organic chemical manufacturing industry. 

National emission standards for organic hazardous air pollutants from synthetic 

organic chemical manufacturing industry process vents, storage vessels, 

transfer operations, and wastewater. 

National emission standards for organic hazardous air pollutants for equipment 

leaks. 

National emission standards for organic hazardous air pollutants for certain 

processes subject to negotiated regulations for equipment leaks. 

National emission standards for chromium emissions from hard and decorative 

chromium electroplating and chromium anodizing tanks. 

National emission standards for ethylene oxide emissions from sterilization 

facilities. 

National emission standards for industrial process cooling towers. 

National emission standards for gasoline distribution facilities (bulk gasoline 

terminals and pipeline breakout stations). 

National emission standards for halogenated solvent cleaning. 

National emission standards for wood furniture manufacturing operations. 

National emission standards for aerospace manufacturing. 

National emission standards for tanks. 

177 
74:36:08:17 

74:36:08:18 

74:36:08:19 

74:36:08:20 

separators. 

National emission standards for containers. 

National emission standards for surface impoundments. 

National emission standards for individual drain systems. 

National emission standards for oil-water separators and organic-water 

74:36:08:20.01 National emission standards for closed vent systems, control devices, recovery 

devices, and routing to a fuel gas system or a process. 

74:36:08:20.02 National emission standards for equipment leaks. 

74:36:08:21 

74:36:08:22 

74:36:08:23 

74:36:08:24 

74:36:08:25 

74:36:08:26 

74:36:08:27 

74:36:08:28 

74:36:08:29 

74:36:08:30 

74:36:08:31 

74:36:08:32 

facilities. 

National emission standards for hazardous air pollutants from the portland 

cement manufacturing industry. 

National emission standards for hazardous air pollutants for pesticide active 

ingredient production. 

National emission standards for the printing and publishing industry. 

National emission standards for oil and natural gas production facilities. 

National emission standards for natural gas transmission and storage facilities. 

National emission standards for secondary aluminum production. 

National emission standards for publicly owned treatment works. 

National emission standards for solvent extraction for vegetable oil production. 

National emission standards for paper and other web coating. 

National emission standards for municipal solid waste landfills. 

National emission standards for surface coating of metal furniture. 

National emission standards for integrated iron and steel manufacturing 

178 

• 

• 

• 
• 

• 

• 

74:36:08:33 

manufacturing. 

74:36:08:34 

74:36:08:35 

operations. 

74:36:08:36 

74:36:08:37 

74:36:08:38 

74:36:08:39 

74:36:08:40 

74:36:08:41 

74:36:08:42 

74:36:08:43 

74:36:08:44 

74:36:08:45 

74:36:08:46 

74:36:08:47 

74:36:08:48 

National emission standards for brick and structural clay products 

National em1ss10n standards for asphalt processing and asphalt roofing 

manufacturing. 

National emission standards for flexible polyurethane foam fabrication 

National emission standards for engine test cells/stands. 

National emission standards for surface coating of miscellaneous metal parts and 

products. 

National emission standards for reinforced plastic composites production. 

National emission standards for stationary combustion turbines. 

National emission standards for stationary reciprocating internal combustion 

engmes. 

National emission standards for industrial, commercial, and institutional boilers 

and process heaters. 

National emission standards for polyvinyl chloride and copolymers production. 

National emission standards for coke oven batteries. 

National emission standards for pulp and paper industry. 

National emission standards for group I polymers and resins. 

National emission standards for epoxy resins production and non-nylon 

polyamides production. 

National emission standards for secondary lead smelting. 

National emission standards for phosphoric acid manufacturing plants. 

179 
74:36:08:49 

74:36:08:50 

74:36:08:51 

74:36:08:52 

74:36:08:53 

74:36:08:54 

74:36:08:55 

74:36:08:56 

74:36:08:57 

74:36:08:58 

74:36:08:59 

74:36:08:60 

74:36:08:61 

74:36:08:62 

74:36:08:63 

74:36:08:64 

74:36:08:65 

74:36:08:66 

74:36:08:67 

National emission standards for phosphate fertilizers production plants. 

National emission standards for petroleum refineries. 

National emission standards for off-site waste and recovery operations. 

National emission standards for magnetic tape manufacturing operations. 

National emission standards for primary aluminum reduction plants. 

National emission standards for chemical recovery combustion sources at kraft, 

soda, sulfite, and stand-alone semi chemical pulp mills. 

National emission standards for ethylene manufacturing process units -- Heat 

exchange systems and waste operations. 

Generic maximum achievable control technology standards. 

National emission standards for steel pickling -- HCl process facilities and 

hydrochloric acid regeneration plants. 

National emission standards for mineral wool production. 

National emission standards for hazardous waste combustors. 

National emission standards for pharmaceutical production. 

National emission standards for group IV polymers and resins. 

National emission standards for wool fiberglass production. 

National emission standards for manufacture of amino/phenolic resins. 

National emission standards for polyether polyols production. 

National emission standards for primary copper smelting. 

National emission standards for primary lead smelting. 

National emission standards for petroleum refineries -- Catalytic cracking, 

catalytic reforming, and sulfur recovery units. 

180 

• 

• 

• 
• 

• 

• 

74:36:08:68 

74:36:08:69 

74:36:08:70 

74:36:08:71 

74:36:08:72 

74:36:08:73 

74:36:08:74 

74:36:08:75 

74:36:08:76 

74:36:08:77 

74:36:08:78 

74:36:08:79 

74:36:08:80 

74:36:08:81 

74:36:08:82 

74:36:08:83 

74:36:08:84 

74:36:08:85 

74:36:08:86 

National emission standards for ferroalloy production -- Ferromanganese and 

silicomanganese. 

National emission standards for the manufacture of nutritional yeast. 

National emission standards for plywood and composite wood products. 

National emission standards for non-gasoline organic liquids distribution. 

National emission standards for miscellaneous organic chemical manufacturing. 

National emission standards for wet-formed fiberglass mat production. 

National emission standards for surface coating of automobiles and light duty 

trucks. 

National emission standards for surface coating of metal cans. 

National emission standards for surface coating oflarge appliances. 

National emission standards for printing, coating, and dyeing of fabrics and 

other textiles. 

National emission standards for surface coating of plastic parts and products. 

National emission standards for surface coating of wood building products. 

National emission standards for surface coating of metal coil. 

National emission standards for leather finishing operations. 

National emission standards for cellulose products manufacturing. 

National emission standards for boat manufacturing. 

National emission standards for rubber tire manufacturing. 

National emission standards for lime manufacturing plants. 

National emission standards for semiconductor manufacturing. 

181 
74:36:08:87 

74:36:08:88 

74:36:08:89 

74:36:08:90 

74:36:08:91 

74:36:08:92 

74:36:08:93 

74:36:08:94 

74:36:08:95 

74:36:08:96 

74:36:08:97 

74:36:08:98 

74:36:08:99 

National emission standards for coke ovens --Pushing, quenching, and battery 

stacks. 

National emission standards for iron and steel foundries. 

National emission standards for site remediation. 

National emission standards for miscellaneous coating manufacturing. 

National emission standards for mercury cell chlor-alkali plants. 

National emission standards for clay ceramics manufacturing. 

National emission standards for flexible polyurethane foam fabrieatieR 

eperffiieRs production. 

National emission standards for hydrochloric acid production. 

National emission standards for friction materials manufacturing facilities. 

National emission standards for taconite iron ore processing. 

National emission standards for refractory products manufacturing. 

National emission standards for primary magnesium refining. 

National emission standards for polyvinyl chloride and copolymers production 

area sources. 

74:36:08:100 National emission standards for primary copper smelting area sources. 

7 4:36:08: 1 01 National emission standards for secondary copper smelting area sources. 

74:36:08:102 National emission standards for primary nonferrous metals area sources-- Zinc, 

cadmium, and beryllium. 

74:36:08:103 National emission standards for hospital ethylene oxide sterilizers. 

74:36:08:104 National emission standards for electric arc furnace steelmaking facility area 

sources. 

182 

• 

• 

• 
• 74:36:08:105 National emission standards for iron and steel foundry area sources. 

74:36:08:106 National emission standards for gasoline distribution bulk terminals, bulk plants, 

and pipeline facilities. 

74:36:08:107 National emission standards for gasoline dispensing facilities. 

74:36:08:108 National emission standards for paint stripping and miscellaneous surface coating 

area sources. 

74:36:08:109 National emission standards for acrylic and modacrylic fiber production area 

sources. 

74:36:08:110 National emission standards for carbon black production area sources. 

74:36:08:111 National emission standards for chemical manufacturing area sources- chromium 

compounds. 

• 74:36:08:112 National emission standards for flexible polyurethane foam production and 

• 

fabrication area sources. 

74:36:08:113 National emission standards for lead acid battery manufacturing area sources. 

74:36:08:114 National emission standards for wood preserving area sources. 

74:36:08:115 National emission standards for clay ceramic manufacturing area sources. 

74:36:08:116 National emission standards for glass manufacturing area sources. 

74:36:08:117 National emission standards for secondary nonferrous metal processing area 

sources. 

74:36:08:118 National emission standards for plating and polishing area sources. 

74:36:08:119 National emission standards for nine metal fabrication and finishing area sources. 

74:36:08:120 National emission standards for ferroalloys production area sources . 

183 
74:36:08:121 National emission standards for aluminum, copper, and other nonferrous foundry • 

area sources. 

74:36:08:00. Administrator defmed. For the purposes of this chapter, "administrator" 

means the secretary, except for those authorities which cannot be delegated to the state, in which 

case "administrator" means both the administrator of EPA and the secretary. 

Source: 19 SDR 157, effective April 22, 1993; transferred from § 74:36:08:01, 21 SDR 

119, effective January 5, 1995. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-6, 34A-1-19. 

74:36:08:01. General provisions -- National emission standards for hazardous air 

pollutants. The general provisions for the national emission standards for hazardous air 

pollutants are those in 40 C.P.R. §§ 91.01 to 91.19, inclusive, (Ju±y 1, 2009) § 61, Subpart A 

(July 1, 2009). 

Source: 19 SDR 157, effective April22, 1993; 21 SDR 119, effective January 5, 1995; 23 

SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999; 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; 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

184 

• 

• 
• Law Implemented: SDCL 34A-l-6, 34A-l-19. 

74:36:08:02. Emission standards for asbestos air pollutants. The emission standards 

for asbestos air pollutants are those in 40 C.P.R. § 61, Subpart M (July 1, 2006 July 1, 2009). 

Source: 11 SDR 151, effective May 12, 1985; 13 SDR 129, 13 SDR 141, effective July 1, 

1987; 14 SDR 72, effectiveNovember24, 1987; 17 SDR 170, effective May 13, 1991; 18 SDR 

95, effective December 2, 1991; transferred from§ 74:26:22:02, 19 SDR 157, effective April22, 

1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 1996; 25 

SDR 123, effective April 4, 1999; 26 SDR 168, effective July 27, 2000; 30 SDR 26, effective 

September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 

• 2006; 33 SDR 217, effective June 13, 2007. 

• 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-6, 34A-l-19. 

74:36:08:02.01. Emission standards for equipment leaks (fugitive emission sources) 

of benzene. The emission standards for equipment leaks of benzene are those in 40 C.P.R. 

§ 61.110 to 61.112, iHeh!si 7,'e, (July 1, 2006) § 61, Subpart J (July 1, 2009). 

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-1-18 . 

185 
74:36:08:02.02. Emission standards for benzene emissions from benzene storage • 

vessels. The emission standards for benzene emissions from benzene storage vessels are those in 

40 C.F.R. § 61, Subpart Y (July 1, 2009). 

Source: 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:02.03. Emission standards for benzene emissions from benzene transfer 

operations. The emission standards for benzene emissions from benzene transfer operations are 

those in 40 C.F.R. § 61, Subpart BB (July 1, 2009). 

Source: • 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:02.04. Emission standards for benzene waste operations. The em1ss1on 

standards for benzene waste operations equipment leaks of benzene are those in 40 C.F.R. § 61. 

Subpart FF (July l, 2009). 

Source: 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-l-18. • 

186 
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• 

• 

74:36:08:03. General provisions -- National emission standards for hazardous air 

pollutants for source categories. The general provisions for the national emission standards for 

hazardous air pollutants for source categories are those in 40 C.P.R. Parts 63.1 te 63.15, 

iael"esive, (Jely 1, 2006) § 63 Subpart A (July 1, 2009). 

Source: 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 

1996; 25 SDR 123, effective April 4, 1999; 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; 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6 . 

Law Implemented: SDCL 34A-l-6, 34A-l-19. 

74:36:08:03.01. Requirements for control technology determinations for major 

sources in accordance with Clean Air Act sections 112(g) and 112(j). The provisions for 

control technology determinations for major sources in accordance with Clean Air Act sections 

112(g) and 112(j) are those in 40 C.P.R.§§ 63.40, 63.41, aaa 63.42(e) te 63.56, iael1:1sive, (Jmy 

1, 2006) § 63, Subpart B (July 1, 2009). 

Source: 25 SDR 123, effective April 4, 1999; 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; 33 SDR 217, effective June 13,2007 . 

General Authority: SDCL 34A-1-6. 

187 
Law Implemented: SDCL 34A-1-6, 34A-l-19. 

74:36:08:04. National perchloroethylene air emission standards for dry cleaning 

facilities. The national perchloroethylene air emission standards for dry cleaning facilities are 

those in 40 C.F.R. §§ 93.320 to 93.325, iHel101sive, (J101ly 1, 2009). Dry eleaniHg faeilities fhat Me 

eoHsidered Mea sol:lfees Me Hot required to Sl:lbmit a Part 70 operatiHg peffflit applieatiofl 1011'ltil 

Deeember 9, 2005. An Mea sol:lfee ffll:ISt still meet the applieaale requir6ffl6flts ifl 40 C.F.R. 

§§ 63.320 to 63.325, iHeffisi·re, (Jlliy 1, 2006) § 63, Subpart M (July 1, 2009). A source that 

operates a unit subject to Subpart M is exempt from the obligation to obtain a Part 70 operating 

permit if the source is not reguired to obtain a Part 70 operating permit for a reason other than the 

source is subject to Subpart M. Exempted sources must still meet the applicable requirements in 

SubpartM. 

Source: 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 

1996; 25 SDR 123, effective April 4, 1999; 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; 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-6, 34A-l-19. 

Cross-Reference: Complete application,§ 74:36:05:09. 

188 

• 

• 

• 
• 

• 

• 

74:36:08:05. National emission standards for organic hazardous air pollutants from 

the synthetic organic chemical manufacturing industry. The national emission standards for 

organic hazardous air pollutants from the synthetic organic chemical manufacturing industry are 

those in 40 C.F.R. § 63, Subpart F (Jl:lly 1, 2006 July 1, 2009). 

Source: 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 

1996; 25 SDR 123, effective April 4, 1999; 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; 33 SDR 217, effective June 13,2007. 

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-l-6, 34A-1-19 . 

74:36:08:06. National emission standards for organic hazardous air pollutants from 

synthetic organic chemical manufacturing industry process vents, storage vessels, transfer 

operations, and wastewater. The national emission standards for organic hazardous air 

pollutants from synthetic organic chemical manufacturing industry process vents, storage vessels, 

transfer operations, and wastewater are those in 40 C.F.R. § 63, Subpart G (Jtdy 1, 2006 July 1, 

2009). 

Source: 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 

1996; 25 SDR 123, effective April 4, 1999; 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; 33 SDR 217, effective June 13, 2007. 

189 
General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-l-6, 34A-1-19. 

74:36:08:07. National emission standards for organic hazardous air pollutants for 

equipment leaks. The national emission standards for organic hazardous air pollutants for 

equipment leaks are those in 40 C.F.R. § 63, Subpart H (J1:1ly 1, 2006 July 1, 2009). 

Source: 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 

1996; 25 SDR 123, effective April 4, 1999; 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; 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-6, 34A-1-19. 

74:36:08:08. National emission standards for organic hazardous air pollutants for 

certain processes subject to negotiated regulations for equipment leaks. The national 

emission standards for organic hazardous air pollutants for certain processes subject to the 

negotiated regulations for equipment leaks are those in 40 C.F.R. § 63, Subpart I (J\ily 1, 2006 

July 1, 2009). 

Source: 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 

1996; 25 SDR 123, effective April 4, 1999; 26 SDR 168, effective June 27, 2000; 30 SDR 26, 

190 

• 

• 

• 
• effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 

13, 2006; 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-6, 34A-1-19. 

74:36:08:09. National emission standards for chromium emissions from hard and 

decorative chromium electroplating and chromium anodizing tanks. The national emission 

standards for hard and decorative chromium electroplating and chromium anodizing tanks are 

those in 40 C.P.R. § 63, Subpart N (July 1, 2006 July 1, 2009). An area souree that falls URGer 

these requirements is not required to Stlbmit a Part 70 operating permit applieation until 

Deeember 9, 2005. An area souree must still meet the ~plieable requirements in 40 C.P.R. § 63, 

• Subpart ~t (July 1, 2006). An area source that operates a unit subject to Subpart N is exempt from 

the obligation to obtain a Part 70 operating permit if the source is not required to obtain a Part 70 

operating permit for a reason other than the source is subject to Subpart N. Exempted sources 

must still meet the applicable requirements in Subpart N. 

• 

Deeorative chromium eleetroplating operations or chromium anodizing operations that liSe 

furRe slippressants and decorative chromium eleetroplating operations that lise a trivalent 

ehromffim bath that ineorporates a wetting agent as a bath ingredient are Ei*ernpt from the Part 70 

operating permit program. Exempted sources mlist still meet the ~plieable requirements ia 4 0 

C.P.R. § 63, Subpart N (July 1, 2006) . 

191 
Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999; • 

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; 33 SDR 217, effective June 13, 

2007. 

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-l-6, 34A-l-19. 

Cross-Reference: Operating permits for part 70 sources, § 74:36:05: 

74:36:08:10. National emission standards for ethylene oxide emissions from 

sterilization facilities. The national emission standards for ethylene oxide from sterilization 

facilities are those in 40 C.F.R. §§ e:UeO to 63.397, inclusive, (Jffiy 1, 2006) § 63, Subpart 0 • 

(July 1, 2009). A source that operates a unit subject to Subpart 0 is exempt from the obligation to 

obtain a Part 70 operating permit if the source is not required to obtain a Part 70 operating permit 

for a reason other than the source is subject to Subpart 0. Exempted sources must still meet the 

applicable requirements in Subpart 0. 

Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999; 

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; 33 SDR 217, effective June 13, 

2007. 

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-l-6, 34A-l-19. • 

192 
• 74:36:08:11. National emission standards for industrial process cooling towers. The 

national emission standards for industrial process cooling towers are those in 40 C.P.R. § 63, 

Subpart Q (July 1, 2006 July 1, 2009). A source that operates a unit subject to Subpart 0 is 

exempt from the obligation to obtain a Part 70 operating permit if the source is not required to 

obtain a Part 70 operating permit for a reason other than the source is subject to Subpart 0. 

Exempted sources must still meet the applicable requirements in Subpart 0. 

Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April4, 1999; 

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; 33 SDR 217, effective June 13, 

• 2007. 

• 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-l-6, 34A-1-19. 

74:36:08:12. National emission standards for gasoline distribution facilities (bulk 

gasoline terminals and pipeline breakout stations). The national emission standards for 

gasoline distribution facilities (bulk gasoline terminals and pipeline breakout stations) are those 

in 40 C.P.R.§ 63, Subpart R (July 1, 2006 July 1, 2009). 

Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April4, 1999; 

30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, 

effective June 13, 2006; 33 SDR 217, effective June 13, 2007. 

193 
General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-6, 34A-1-19. 

74:36:08:13. National emission standards for halogenated solvent cleaning. The 

national emission standards for halogenated solvent cleaning are those in 40 C.F.R. § 63, Subpart 

T (July 1, 2006 July 1, 2009). An area sm:~ree that falls \ffider these requirements is net required 

to suerffit a Part 70 operating perrffit awlieation until Deeemeer 9, 2005. A£ area source ffiUSt 

still meet the applieaele reqwemeats iR 40 C.F.R. § 63, 8uepart T (fuly 1, 2006). An area source 

that operates a unit subject to Subpart T is exempt from the obligation to obtain a Part 70 

operating permit if the source is not required to obtain a Part 70 operating permit for a reason 

other than the source is subject to Subpart T. Exempted sources must still meet the applicable 

requirements in 40 C.P.R. § 63, Subpart T (July 1, 2006). 

Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April4, 1999; 

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; 33 SDR 217, effective June 13, 

2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-6, 34A-1-19. 

74:36:08:14. National emission standards for wood furniture manufacturing 

operations. The national emission standards for wood furniture manufacturing operations are 

those in 40 C.F.R. § 63, Subpart JJ (July I, 2006 July 1, 2009). 

194 

• 

• 

• 
• 

• 

• 

Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April4, 1999; 

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; 33 SDR 217, effective June 13, 

2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-6, 34A-1-19. 

74:36:08:15. National emission standards for aerospace manufacturing. The national 

emission standards for aerospace manufacturing are those in 40 C.F.R. § 63, Subpart GG (July 1, 

WG6 July 1, 2009) . 

Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999; 

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; 33 SDR 217, effective June 13, 

2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-6, 34A-l-19. 

74:36:08:16. National emission standards for tanks. The national emission standards 

for tanks -- level 1 are those in 40 C.F.R. §§ 63.900 to 63.907, iaelasive, (Jaly 1, 2006) 

§§ 63.900 to 63.907, ineffisive, § 63, Subpart 00 (July 1, 2009). The national emission standards 

195 
for tanks -- level 2 are those in 40 C.P.R. §§ 63.900 to 63.907, iaelusive, (J'I:lly I, 2006) • 

§§ 63.900 to 63.907, iadusive, § 63, Subpart 00 (July l, 2009). 

Source: 25 SDR 123, effective April4, 1999; 30 SDR 26, effective September 1, 2003; 31 

SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, 

effective June 13,2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-6, 34A-1-19. 

74:36:08:17. National emission standards for containers. The national emission 

standards for containers are those in 40 C.P.R. §§ 63.920 to 63.928, iaelusive, (July 1, 2006) §. 

63, Subpart PP (July 1, 2009). • 

Source: 25 SDR 123, effective April4, 1999; 30 SDR 26, effective September 1, 2003; 31 

SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, 

effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-6, 34A-1-19. 

74:36:08:18. National emission standards for surface impoundments. The national 

emission standards for surface impoundments are those in 40 C.P.R. §§ 63.940 to 63.948, 

iaelesive, (July 1, 2006) § 63, Subpart 00 (July 1, 2009). 

• 

196 
• Source: 25 SDR 123, effective April4, 1999; 30 SDR 26, effective September 1, 2003; 31 

SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, 

effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-6, 34A-1-19. 

74:36:08:19. National emission standards for individual drain systems. The national 

emission standards for individual drain systems are those in 40 C.F.R. §§ 63.9€i0 to 63.966, 

inelusive, (July 1, 2006) § 63, Subpart RR (July 1, 2009). 

Source: 25 SDR 123, effective April4, 1999; 30 SDR 26, effective September 1, 2003; 31 

• SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, 

• 

effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-6, 34A-1-19. 

74:36:08:20. National emission standards for oil-water separators and organic-water 

separators. The national emission standards for oil-water separators and organic-water 

separators are those in 40 C.F.R. §§ 63.1040 to 63.1049, iaelusive, (July 1, 2006) § 63, Subpart 

VV (July 1, 2009) . 

197 
Source: 25 SDR 123, effective April4, 1999; 30 SDR 26, effective September 1, 2003; 31 • 

SDR lOI, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 2I7, 

effective June 13, 2007. 

General Authority: SDCL 34A-I-6. 

Law Implemented: SDCL 34A-I-6, 34A-1-I9. 

74:36:08:20.01. National emission standards for closed vent systems, control devices, 

recovery devices, and routing to a fuel gas system or a process. The national emission 

standards for closed vent systems, control devices, recovery devices, and routing to a fuel gas 

system or a process are those in 40 C.P.R. §§ 93.9go to 93.999, inell:isive, (Jl:ily 1, 2009) .§__QJ., 

Subpart SS (July l, 2009). 

Source: 30 SDR 26, effective September I, 2003; 3I SDR 101, effective January 2, 2005; 

32 SDR 209, effective June 13, 2006; 33 SDR 2I7, effective June I3, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-6, 34A-I-I9. 

74:36:08:20.02. National emission standards for equipment leaks. The national 

emission standards for equipment leaks -- control level I are those in 40 C.F.R. §§ €13.1000 to 

93.101g, inelusive, (July 1, 2009) § 63, Subpart TT (July I, 2009). The national emission 

standards for equipment leaks-- controllevel2 are those in 40 C.P.R. § 63, Subpart UU (July 1, 

2006 July I, 2009). 

198 

• 

• 
• Source: 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 

32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13,2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-6, 34A-l-19. 

74:36:08:21. National emission standards for hazardous air pollutants from the 

portland cement manufacturing industry. The national emission standards for the portland 

cement manufacturing industry are those in 40 C.F.R. § 63, Subpart LLL (July 1, 2006 July 1, 

2009). 

Source: 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; 33 SDR 217, 

effective June 13, 2007. 

• 

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-1-6, 34A-l-19. 

74:36:08:22. National emission standards for hazardous air pollutants for pesticide 

active ingredient production. The national emission standards for pesticide active ingredient 

production are those in 40 C.F.R. § 63, Subpart MMM (JHly 1, 2006 July 1, 2009). 

Source: 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; 33 SDR 217, 

effective June 13, 2007. 

199 
General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-6, 34A-1-19. 

74:36:08:23. National emission standards for the printing and publishing industry. 

The national emission standards for the printing and publishing industry are those in 40 C.F.R. 

§ 63, Subpart KK (July 1, 2006 July 1, 2009). 

Source: 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; 33 SDR 217, 

effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-6, 34A-1-19. 

74:36:08:24. National emission standards for oil and natural gas production 

facilities. The national emission standards for oil and natural gas production facilities are those 

in 40 C.F.R. § 63, Subpart HH (July 1, 2006 July 1, 2009). A source that operates a unit subject 

to Subpart HH is exempt from the obligation to obtain a Part 70 operating permit if the unit is not 

required to install controls and if the source is not required to obtain a Part 70 operating permit 

for a reason other than the source is subject to Subpart HH. Exempted sources must still meet 

the applicable requirements in Subpart HH. 

Source: 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 

32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007. 

200 

• 

• 

• 
• 

• 

• 

General Authority: SDCL 34A-1-6. 

Lawlmplemented: SDCL 34A-1-6, 34A-1-19. 

74:36:08:25. National emission standards for natural gas transmission and storage 

facilities. The national emission standards for natural gas transmission and storage facilities are 

those in 40 C.P.R. § 63, Subpart HHH (JHly 1, 2006 July 1, 2009). 

Source: 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 

32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13,2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-6, 34A-1-19 . 

74:36:08:26. National emission standards for secondary aluminum production. The 

national emission standards for secondary aluminum production are those in 40 C.P.R. § 63, 

Subpart RRR (July 1, 2006 July 1, 2009). 

Source: 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 

32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13,2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-6, 34A-1-19 . 

201 
74:36:08:27. National emission standards for publicly owned treatment works. The • 

national emission standards for publicly owned treatment works are those in 40 C.F.R. § 63, 

Subpart VVV (July 1, 2.006 July 1, 2009). 

Source: 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 

32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCLJ4A-1-6, 34A-1-19. 

74:36:08:28. National emission standards for solvent extraction for vegetable oil 

production. The national emission standards for solvent extraction of vegetable oil production 

are those in 40 C.F.R. §§ 93.2.830 to 93.2.872., inelHsive, (JHly I, 2.009) § 63, Subpart GGGG • 

(July 1, 2009). 

Source: 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 

32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-6, 34A-1-19. 

74:36:08:29. National emission standards for paper and other web coating. The 

national emission standards for paper and other web coating are those in 40 C.F.R. § § 93.32.80 to 

63.342.0, inolHsive, (JHly 1, 2.006) § 63, Subpart JJJJ (July 1, 2009). 

• 

202 
• 

• 

• 

Source: 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 

32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13,2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-6, 34A-1-19. 

74:36:08:30. National emission standards for municipal solid waste landf1lls. The 

national emission standards for municipal solid waste landfills are those in 40 C.F.R. §§ 63.1930 

to 63.1990, iaelusive, (July 1, 2006) § 63, Subpart AAAA (July 1, 2009). 

Source: 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 

32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007 . 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-6, 34A-1-19. 

74:36:08:31. National emission standards for surface coating of metal furniture. The 

national emission standards for surface coating of metal furniture are those in 40 C.F.R. 

§§ 63.4880 to 63.4981, iaelusive, (July 1, 2006) § 63, Subpart RRRR (July l, 2009). 

Source: 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 

SDR 217, effective June 13,2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-6, 34A-1-19 . 

203 
74:36:08:32. National emission standards for integrated iron and steel 

manufacturing facilities. The national emission standards for integrated iron and steel • 

manufacturing are those in 40 C.F.R. §§ 93.77go to 93.7S52, inelusive, (July 1, 2009) ~ 

Subpart FFFFF (July 1, 2009). 

Source: 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 

SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-6, 34A-1-19. 

74:36:08:33. National emission standards for brick and structural clay products 

manufacturing. The national emission standards for brick and structural clay products 

manufacturing are those in 40 C.F.R. §§ 93K3go to 93.g515, inelusi·,ze, (July 1, 2009) ~ • 

Subpart JJJJJ (July 1, 2009). 

Source: 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 

SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-l-6, 34A-1-19. 

74:36:08:34. National emission standards for asphalt processing and asphalt roofing 

manufacturing. The national emission standards for asphalt processing and asphalt roofing 

• 

204 
•• manufacturing are those in 40 C.F.R §§ 63.8680 to 63.8698, iael1:1sive, (Jl:lly l, 2006) .§..._Q1, 

Subpart LLLLL (July 1, 2009). 

Source: 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 

SDR 217, effective June 13,2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-6, 34A-1-19. 

74:36:08:35. National emission standards for flexible polyurethane foam fabrication 

operations. The national emission standards for flexible polyurethane foam fabrication 

operations are those in 40 C.F.R. §§ 63.8780 to 63.8830, iael1:1sive, (J1:1ly 1, 2006) § 63, Subpart 

• MMMMM (July 1, 2009). 

• 

Source: 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 

SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-6, 34A-1-19. 

74:36:08:36. National emission standards for engine test cells/stands. The national 

emission standards for engine test cells/stands are those in 40 C.F.R § § 63.9280 to 63.9375, 

iael1:1sive, (J1:1ly 1, 2006) § 63, Subpart PPPPP (July 1, 2009) . 

205 
Source: 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 

SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-l-6, 34A-1-19. 

74:36:08:37. National emission standards for surface coating of miscellaneous metal 

parts and products. The national emission standards for surface coating of miscellaneous metal 

parts and products as published in 40 C.F.R. §§ 93.3ggo to 93.39g1, inelHsivo, (JHly 1, 2009) .§. 

63, Subpart MMMM (July l, 2009). 

Source: 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 

SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-l-6, 34A-1-19. 

74:36:08:38. National emission standards for reinforced plastic composites 

production. The national emission standards for reinforced plastic composites production are 

those in 40 C.F.R. §§ 93.5no to 93.5935, inel1:1sive, (JHly 1, 2009) § 63, Subpart WWWW (July 

l, 2009). 

Source: 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13,2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-6, 34A-1-19. 

206 

•• 

• 

• 
• 74:36:08:39. National emission standards for stationary combustion turbines. The 

national emission standards for stationary combustion turbines are those in 40 C.F.R. §§ 63.6080 

to 63.6175, iaell:lsi¥e, (Jl:lly 1, 2006) § 63, Subpart YYYY (July 1, 2009). 

Source: 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-6, 34A-1-19. 

74:36:08:40. National emission standards for stationary reciprocating internal 

combustion engines. The national emission standards for stationary reciprocating internal 

• combustion engines are those in 40 C.F.R. §§ 63.6580 to 63.6675, iaell:lsi¥e, (Jl:lly 1, 2006) .§._QJ_, 

Subpart ZZZZ (July 1, 2009). 

Source: 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-6, 34A-1-19. 

74:36:08:41. National emission standards for industrial, commercial, and 

institutional boilers and process heaters. The national emission standards for industrial, 

commercial, and institutional boilers and process heaters are those in 40 C.F.R. §§ 63.7480 to 

63.7560, iaell:lsi·,•e, (Jl:lly 1, 2006) § 63, Subpart DDDDD (July 1, 2009) . 

• 

207 
Source: 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13,2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-l-6, 34A-1-19. 

74:36:08:42. National emission standards for polyvinyl chloride and copolymers 

production. The national emission standards for polyvinyl chloride and copolymers production 

are those in 40 C.F.R. §§ 63.210 to 63.217, ieelusive, (July 1, 2006) § 63, Subpart J (July l, 

2009). 

Source: 33 SDR 217, effective June 13,2007. 

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:43. National emission standards for coke oven batteries. The national 

emission standards for coke oven batteries are those in 40 C.F.R. § 63, Subpart L, (July 1, 2006 

July l, 2009). 

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-1-18. 

208 

• 

• 

• 
• 

• 

• 

74:36:08:44. National emission standards for pulp and paper industry. The national 

emission standards for pulp and paper industry are those in 40 C.P.R. § 63, Subpart S, (J1:1ly 1, 

~July 1, 2009). 

Source: 33 SDR 217, effective June 13,2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:45. National emission standards for group I polymers and resins. The 

national emission standards for group I polymers and resins are those in 40 C.P.R. § 63, Subpart 

U, (Jl:lly 1, 2006 July 1, 2009) . 

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:46. National emission standards for epoxy resins production and non-nylon 

polyamides production. The national emission standards for epoxy resins production and nonnylon polyamides production are those in 40 C.P.R. § 63, Subpart W, (Jt.tly 1, 2006 July 1, 2009). 

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6 . 

Law Implemented: SDCL 34A-1-18. 

209 
74:36:08:47. National emission standards for secondary lead smelting. The national 

emission standards for secondary lead smelting are those in 40 C.F.R. §§ 63.541 to 63.551, 

inclusiv:e, (July 1, 2006) § 63, Subpart X (July 1, 2009). 

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:48. National emission standards for phosphoric acid manufacturing plants. 

The national emission standards for phosphoric acid manufacturing plants are those in 40 C.F.R. 

§ 63, Subpart AA (July 1, 2006 July 1, 2009). 

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:49. National emission standards for phosphate fertilizers production plants. 

The national emission standards for phosphate fertilizers production plants are those in 40 C.F.R. 

§ 63, Subpart BB (July 1, 2006 July 1, 2009). 

Source: 33 SDR 217, effective June 13,2007. 

General Authority: SDCL 34A-1-6. 

210 

• 

• 

• 
• Law Implemented: SDCL 34A-1-18. 

74:36:08:50. National emission standards for petroleum refineries. The national 

emission standards for petroleum refineries are those in 40 C.P.R. § 63, Subpart CC (July 1, 2009 

July 1, 2009). 

Source: 33 SDR 217, effective June 13,2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:51. National emission standards for off-site waste and recovery operations. 

• The national emission standards for off-site waste and recovery operations are those in 40 C.P.R. 

§ 63, Subpart DD (July 1, 2009 July 1, 2009). 

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:52. National emission standards for magnetic tape manufacturing 

operations. The national emission standards for magnetic tape manufacturing operations are 

those in 40 C.P.R.§ 63, Subpart EE (July 1, 2009 July l, 2009) . 

• Source: 33 SDR 217, effective June 13, 2007. 

211 
General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-l-18. 

74:36:08:53. National emission standards for primary aluminum reduction plants. 

The national emission standards for primary aluminum reduction plants are those in 40 C.P.R. 

§ 63, Subpart LL (Jl:Hy 1, 2006 July 1, 2009). 

Source: 33 SDR 217, effective June 13,2007. 

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-l-18. 

• 

74:36:08:54. National emission standards for chemical recovery combustion sources • 

at kraft, soda, sulfite, and stand-alone semichemical pulp mills. The national emission 

standards for chemical recovery combustion sources at kraft, soda, sulfite, and stand-alone 

semichemical pulp mills are those in 40 C.P.R.§ 63, Subpart MM (July 1, 2006 July l, 2009). 

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-l-18. 

74:36:08:55. National emission standards for ethylene manufacturing process units--

Heat exchange systems and waste operations. The national emission standards for heat 

212 

• 
• exchange systems and waste operations are those in 40 C.F.R. § 63, Subpart XX (hlly 1, 2006 

July I, 2009). 

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-l-18. 

74:36:08:56. Generic maximum achievable control technology standards. The generic 

maximum achievable control technology standards are those in 40 C.F.R. §§ 63.1100 to 63.1114, 

iRehisive, (Jaly 1, 2006) § 63, Subpart YY (July 1, 2009) . 

• Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:57. National emission standards for steel pickling -- HCl process facilities 

and hydrochloric acid regeneration plants. The national emission standards for HCl process 

facilities and hydrochloric acid regeneration plants are those in 40 C.F.R. § 63, Subpart CCC 

(July 1, 2006 July I, 2009). 

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-l-6 . 

• Law Implemented: SDCL 34A-1-18. 

213 
74:36:08:58. National emission standards for mineral wool production. The national 

emission standards for mineral wool production are those in 40 C.F.R. § 63, Subpart DDD (:mly 

1, 2006 July 1, 2009). 

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:59. National emission standards for hazardous waste combusters. The 

national emission standards for hazardous waste combusters are those in 40 C.F.R. § 63, Subpart 

EEE (July 1, 2006 July 1, 2009). 

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:60. National emission standards for pharmaceutical production. The 

national emission standards for pharmaceutical production are those in 40 C.F.R. § 63, Subpart 

GGG (July 1, 2006 July 1, 2009). 

Source: 33 SDR 217, effective June 13,2007. 

General Authority: SDCL 34A-1-6. 

214 

• 

• 

• 
• Law Implemented: SDCL 34A-1-18. 

74:36:08:61. National emission standards for group IV polymers and resins. The 

national emission standards for group N polymers and resins are those in 40 C.P.R. § 63, 

Subpart JJJ (Jaly 1, 2006 July 1, 2009). 

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:62. National emission standards for wool fiberglass production. The national 

• emission standards for wool fiberglass production are those in 40 C.P.R. § 63, Subpart NNN 

(Jaly 1, 2006 July 1, 2009). 

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:63. National emission standards for manufacture of amino/phenolic resins. 

The national emission standards for the manufacture of amino/phenolic resins are those in 40 

C.P.R. § 63, Subpart 000 (Jaly 1, 2006 July 1, 2009) . 

• Source: 33 SDR 217, effective June 13, 2007. 

215 
General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:64. National emission standards for polyether polyols production. The 

national emission standards for polyether polyols production are those in 40 C.F.R. § 63, Subpart 

PPP (laly 1, 2006 July 1, 2009). 

Source: 33 SDR 217, effective June 13,2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

• 

74:36:08:65. National emission standards for primary copper smelting. The national • 

emission standards for primary copper smelting are those in 40 C.F.R. § 63, Subpart QQQ (.JWy 

1, 2006 July 1, 2009). 

Source: 33 SDR 217, effective June 13,2007. 

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-l-18. 

74:36:08:66. National emission standards for primary lead smelting. The national 

emission standards for primary lead smelting are those in 40 C.F.R. § 63, Subpart TTT (July 1, 

~July l, 2009). 

216 

• 
• 

• 

• 

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:67. National emission standards for petroleum refmeries -- Catalytic 

cracking, catalytic reforming, and sulfur recovery units. The national emission standards for 

catalytic cracking, catalytic reforming, and sulfur recovery units at petroleum refineries are those 

in 40 C.F.R. § 63, Subpart UUU (Ja-ly I, 2009 July 1, 2009). 

Source: 33 SDR 217, effective June 13,2007. 

General Authority: SDCL 34A-1-6 . 

Law Implemented: SDCL 34A-1-18. 

74:36:08:68. National emission standards for ferroalloy production 

Ferromanganese and silicomanganese. The national emission standards for ferromanganese 

and silicomanganese production are those in 40 C.F.R. § 63, Subpart XXX (July I, 2009 July 1, 

2009). 

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18 . 

217 
74:36:08:69. National emission standards for the manufacture of nutritional yeast. • 

The national emission standards for the manufacture of nutritional yeast are those in 40 C.F.R. 

§ 63, Subpart ecce (July 1, 2006 July 1, 2009). 

Source: 33 SDR 217, effective June 13,2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:70. National emission standards for plywood and composite wood products. 

The national emission standards for plywood and composite wood products are those in 40 

C.F.R. § 63, Subpart DDDD (July 1, 2006 July 1, 2009). 

Source: 33 SDR 217, effective June 13,2007. • 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:71. National emission standards for non-gasoline organic liquids 

distribution. The national emission standards for non-gasoline organic liquids distribution are 

those in 40 C.F.R. § 63, Subpart EEEE (July 1, 2006 July 1, 2009). 

Source: 33 SDR 217, effective June 13,2007. 

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-l-18. • 

218 
• 74:36:08:72. National emission standards for miscellaneous organic chemical 

manufacturing. The national emission standards for miscellaneous organic chemical 

manufacturing are those in 40 C.F.R. § 63, Subpart FFFF (JHly 1, 2006 July 1, 2009). 

Source: 33 SDR 217, effective June 13,2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:73. National emission standards for wet-formed fiberglass mat production. 

The national emission standards for wet-formed fiberglass mat production are those in 40 C.F.R. 

• § 63, Subpart HHHH (JHly 1, 2006 July 1, 2009). 

• 

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:74. National emission standards for surface coating of automobiles and 

light duty trucks. The national emission standards for surface coating of automobiles and light 

duty trucks are those in 40 C.F .R. § 63, Subpart IIII (JHly 1, 2006 July 1, 2009). 

Source: 33 SDR 217, effective June 13, 2007 . 

General Authority: SDCL 34A-1-6. 

219 
Law Implemented: SDCL 34A-1-18. • 

74:36:08:75. National emission standards for surface coating of metal cans. The 

national emission standards for surface coating of metal cans are those in 40 C.F.R. § 63, Subpart 

KKKK (lffiy 1, 29Ge July 1. 2009). 

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:76. National emission standards for surface coating of large appliances. The 

national emission standards for surface coating of large appliances are those in 40 C.F.R. § 63, • 

Subpart NNNN (July 1, 29Ge July 1, 2009). 

Source: 33 SDR 217, effective June 13,2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:77. National emission standards for printing, coating, and dyeing of fabrics 

and other textiles. The national emission standards for printing, coating, and dyeing of fabrics 

and other textiles are those in 40 C.F.R. § 63, Subpart 0000 (July 1, 29Ge July 1, 2009) . 

Source: 33 SDR 217, effective June 13, 2007. • 

220 
• 

• 

• 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:78. National emission standards for surface coating of plastic parts and 

products. The national emission standards for surface coating of plastic parts and products are 

those in 40 C.F.R. § 63, Subpart PPPP (July 1, 2009 July 1, 2009). 

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18 . 

74:36:08:79. National emission standards for surface coating of wood building 

products. The national emission standards for surface coating of wood building products are 

those in 40 C.F.R. § 63, Subpart QQQQ (July 1, 2009 July 1, 2009). 

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-l-18. 

74:36:08:80. National emission standards for surface coating of metal coil. The 

national emission standards for surface coating of metal coil are those in 40 C.F.R. § 63, Subpart 

SSSS (July 1, 2009 July 1, 2009) . 

221 
Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-l-18. 

74:36:08:81. National emission standards for leather finishing operations. The 

national emission standards for leather finishing operations are those in 40 C.P.R. § 63, Subpart 

TTTT (July 1, 2009 July l, 2009). 

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-l-18. 

74:36:08:82. National emission standards for cellulose products manufacturing. The 

national emission standards for cellulose products manufacturing are those in 40 C.P.R. § 63, 

Subpart UUUU (July 1, 2009 July 1, 2009). 

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-l-18. 

74:36:08:83. National emission standards for boat manufacturing. The national 

emission standards for boat manufacturing are those in 40 C.P.R. § 63, Subpart VVVV (July 1, 

2006 July 1, 2009). 

222 

• 

• 

• 
• 

• 

• 

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:84. National emission standards for rubber tire manufacturing. The national 

emission standards for rubber tire manufacturing are those in 40 C.F.R. § 63, Subpart XXXX 

(Jl:ily 1, 2006 July 1, 2009). 

Source: 33 SDR 217, effective June 13,2007. 

General Authority: SDCL 34A-1-6 . 

Law Implemented: SDCL 34A-1-18. 

74:36:08:85. National emission standards for lime manufacturing plants. The national 

emission standards for lime manufacturing plants are those in 40 C.F.R. § 63, Subpart AAAAA 

(Jl:ily 1, 2006 July 1, 2009). 

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18 . 

223 
74:36:08:86. National emission standards for semiconductor manufacturing. The • 

national emission standards for semiconductor manufacturing are those in 40 C.F.R. § 63, 

Subpart BBBBB (Jaly I, 200€! July 1, 2009). 

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:87. National emission standards for coke ovens-- Pushing, quenching, and 

battery stacks. The national emission standards for coke ovens are those in 40 C.P.R. § 63, 

Subpart CCCCC (Jaly I, 200€! July 1, 2009). 

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:88. National emission standards for iron and steel foundries. The national 

emission standards for iron and steel foundries are those in 40 C.P.R. § 63, Subpart EEEEE (Jaly 

I, 200€i July 1, 2009). 

Source: 33 SDR 217, effective June 13,2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-l-18. 

224 

• 

• 
• 74:36:08:89. National emission standards for site remediation. The national emission 

standards for site remediation are those in 40 C.P.R. § 63, Subpart GGGGG (Jaly 1, 200a July I, 

2009). 

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:90. National emission standards for miscellaneous coating manufacturing. 

The national emission standards for miscellaneous coating manufacturing are those in 40 C.P.R. 

• § 63, Subpart HHHHH (hzly 1, 200a July l, 2009). 

• 

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:91. National emission standards for mercury cell chlor-alkali plants. The 

national emission standards for mercury cell chlor-alkali plants are those in 40 C.P.R. § 63, 

Subpart lilli (July 1, 200a July 1, 2009). 

Source: 33 SDR 217, effective June 13,2007 . 

General Authority: SDCL 34A-1-6. 

225 
Law Implemented: SDCL 34A-1-18. • 

74:36:08:92. National emission standards for clay ceramics manufacturing. The 

national emission standards for clay ceramics manufacturing are those in 40 C.F.R. § 63, Subpart 

KKKKK (July 1, 2006 July 1, 2009). 

Source: 33 SDR 217, effective June 13,2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:93. National emission standards for flexible polyurethane foam fabrieatian 

OfleFatians production. The national emission standards for flexible polyurethane foam • 

fabrication operations production are those in 40 C.P.R. § 63, Subpart MMMMM III (July 1, 

2006 July 1, 2009). 

Source: 33 SDR 217, effective June 13,2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:94. National emission standards for hydrochloric acid production. The 

national emission standards for hydrochloric acid production are those in 40 C.F.R. § 63, Subpart 

NNNNN (July 1, 2006 July 1, 2009). 

• 

226 
• 

• 

• 

Source: 33 SDR 217, effective June 13,2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:95. National emission standards for friction materials manufacturing 

facilities. The national emission standards for friction materials manufacturing facilities are those 

in 40 C.P.R. § 63, Subpart QQQQQ (JHly I, 2009 July 1, 2009). 

Source: 33 SDR 217, effective June 13,2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18 . 

74:36:08:96. National emission standards taconite iron ore processing. The national 

emission standards for taconite iron ore processing are those in 40 C.P.R. § 63, Subpart RRRRR 

(JHly I, 2009 July 1, 2009). 

Source: 33 SDR 217, effective June 13,2007. 

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:97. National emission standards for refractory products manufacturing. 

The national emission standards for refractory products manufacturing are those in 40 C.P.R . 

§ 63, Subpart SSSSS (JHly I, 2009 July 1, 2009). 

227 
Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:98. National emission standards for primary magnesium refming. The 

national emission standards for primary magnesium refining are those in 40 C.F.R. § 63, Subpart 

TTTTT (July 1, 2009 July 1, 2009). 

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:99. National emission standards for polyvinyl chloride and copolymers 

production area sources. The national emission standards for polyvinyl chloride and 

copolymers production area sources are those in 40 C.F.R. § 63, Subpart DDDDDD (July 1, 2009 

July 1, 2009). A source that operates a unit subject to Subpart DDDDDD is exempt from the 

obligation to obtain a Part 70 operating permit if the source is not required to obtain a Part 70 

operating permit for a reason other than the source is subject to Subpart DDDDDD. Exempted 

sources must still meet the applicable requirements in Subpart DDDDDD. 

Source: 33 SDR 217, effective June 13,2007. 

General Authority: SDCL 34A-1-6. 

228 

• 

• 

• 
• Law Implemented: SDCL 34A-1-18 . 

74:36:08:100. National emission standards for primary copper smelting area sources. 

The national emission standards for primary copper smelting area sources are those in 40 C.P.R. 

§ 63, Subpart EEEEEE (Jaly 1, 2006 July l, 2009). 

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:101. National emission standards for secondary copper smelting area 

• sources. The national emission standards for secondary copper smelting area sources are those in 

40 C.P.R. § 63, Subpart PPPPPP (Jaly I, 2006 July 1, 2009). 

• 

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:102. National emission standards for primary nonferrous metals area 

sources -- Zinc, cadmium, and beryllium. The national emission standards for primary 

nonferrous metals area sources are those in 40 C.P.R. § 63, Subpart GGGGGG (Jaly 1, 2006 July 

1, 2009) . 

229 
Source: 33 SDR 217, effective June 13,2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:103. National emission standards for hospital ethylene oxide sterilizers. The 

national emission standards for hospital ethylene oxide sterilizers are those in 40 C.P.R. § 63, 

Subpart WWWWW (July 1, 2009). A source that operates a unit subject to Subpart WWWWW 

is exempt from the obligation to obtain a Part 70 operating permit if the source is not required to 

obtain a Part 70 operating permit for a reason other than the source is subject to Subpart 

WWWWW. Exempted sources must still meet the applicable requirements in Subpart 

wwwww. 

Source: 

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-l-18. 

74:36:08:104. National emission standards for electric arc furnace steelmaking 

facility area sources. The national emission standards for area sources - electric arc furnace 

steelmaking facilities are those in 40 C.F.R. § 63, Subpart YYYYY (July 1, 2009). 

Source: 

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-1-18. 

230 

• 

• 

• 
• 

• 

• 

74:36:08:105. National emission standards for iron and steel foundry area sources. 

The national emission standards for iron and steel foundry area sources are those in 40 C.P.R. 

§ 63, Subpart ZZZZZ (July 1, 2009). A source that operates a unit subject to Subpart ZZZZZ is 

exempt from the obligation to obtain a Part 70 operating permit if the source is not required to 

obtain a Part 70 operating permit for a reason other than the source is subject to Subpart ZZZZZ. 

Exempted sources must still meet the applicable requirements in Subpart ZZZZZ. 

Source: 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18 . 

74:36:08:106. National emission standards for gasoline distribution bulk terminals, 

bulk plants, and pipeline facilities. The national emission standards for gasoline distribution 

bulk terminals, bulk plants, and pipeline facilities are those in 40 C.P.R. § 63, Subpart BBBBBB 

(July 1, 2009). A source that operates a unit subject to Subpart BBBBBB is exempt from the 

obligation to obtain a Part 70 operating permit if the source is not required to obtain a Part 70 

operating permit for a reason other than the source is subject to Subpart BBBBBB. Exempted 

sources must still meet the applicable requirements in Subpart BBBBBB. 

Source: 

General Authority: SDCL 34A-1-6 . 

Law Implemented: SDCL 34A-1-18. 

231 
74:36:08:107. National emission standards for gasoline dispensing facilities. The 

national emission standards for gasoline dispensing facilities are those in 40 C.P.R. § 63, Subpart 

CCCCCC (July 1, 2009). A source that operates a unit subject to Subpart CCCCCC is exempt 

from the obligation to obtain a Part 70 operating permit if the source is not required to obtain a 

Part 70 operating permit for a reason other than the source is subject to Subpart CCCCCC. 

Exempted sources must still meet the applicable requirements in Subpart CCCCCC. 

Source: 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:108. National emission standards for paint stripping and miscellaneous 

surface coating area sources. The national emission standards for paint stripping and 

miscellaneous coating area sources are those in 40 C.P.R. § 63, Subpart HHHHHH (July l, 

2009). A source that operates a unit subject to Subpart HHHHHH is exempt from the obligation 

to obtain a Part 70 operating permit if the source is not required to obtain a Part 70 operating 

permit for a reason other than the source is subject to Subpart HHHHHH. Exempted sources 

must still meet the applicable requirements in Subpart HHHHHH. 

Source: 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

232 

• 

• 

• 
• 

• 

• 

74:36:08:109. National emission standards for acrylic and modacrylic fiber 

production area sources. The national emission standards for acrylic and modacrylic fiber 

production area sources are those in 40 C.F.R. § 63, Subpart LLLLLL (July I, 2009). A source 

that operates a unit subject to Subpart LLLLLL is exempt from the obligation to obtain a Part 70 

operating permit if the source is not required to obtain a Part 70 operating permit for a reason 

other than the source is subject to Subpart LLLLLL. Exempted sources must still meet the 

applicable requirements in Subpart LLLLLL. 

Source: 

General Authority: SDCL 34A-1-6 . 

Law Implemented: SDCL 34A-l-18. 

74:36:08:110. National emission standards for carbon black production area sources. 

The national emission standards for carbon black production area sources are those in 40 C.F.R. 

§ 63, Subpart MMMMMM (July 1, 2009). 

Source: 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:111. National emission standards for chemical manufacturing area sources 

- chromium compounds. The national emission standards for chemical manufacturing area 

233 
sources- chromium compounds are those in 40 C.F.R. § 63, Subpart NNNNNN (July 1, 2009). • 

A source that operates a unit subject to Subpart NNNNNN is exempt from the obligation to 

obtain a Part 70 operating permit if the source is not required to obtain a Part 70 operating permit 

for a reason other than the source is subject to Subpart NNNNNN. Exempted sources must still 

meet the applicable requirements in Subpart NNNNNN. 

Source: 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:112. National emission standards for flexible polyurethane foam production 

and fabrication area sources. The national emission standards for flexible polyurethane foam • 

production and fabrication area sources are those in 40 C.F.R. § 63, Subpart 000000 (July 1, 

2009). A source that operates a unit subject to Subpart 000000 is exempt from the obligation 

to obtain a Part 70 operating permit if the source is not required to obtain a Part 70 operating 

permit for a reason other than the source is subject to Subpart 000000. Exempted sources 

must still meet the applicable requirements in Subpart 000000. 

Source: 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

• 

234 
• 

• 

• 

74:36:08:113. National emission standards for lead acid battery manufacturing area 

sources. The national emission standards for lead acid battery manufacturing area sources are 

those in 40 C.P.R. § 63, Subpart PPPPPP (July 1, 2009). A source that operates a unit subject to 

Subpart PPPPPP is exempt from the obligation to obtain a Part 70 operating permit if the source 

is not required to obtain a Part 70 operating permit for a reason other than the source is subject to 

Subpart PPPPPP. Exempted sources must still meet the applicable requirements in Subpart 

PPPPPP. 

Source: 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18 . 

74:36:08:114. National emission standards for wood preserving area sources. The 

national emission standards for wood preserving area sources are those in 40 C.P.R. § 63, 

Subpart 000000 (July 1, 2009). A source that operates a unit subject to Subpart 000000 is 

exempt from the obligation to obtain a Part 70 operating permit if the source is not required to 

obtain a Part 70 operating permit for a reason other than the source is subject to Subpart 

000000. Exempted sources must still meet the applicable requirements m Subpart 

000000. 

Source: 

General Authority: SDCL 34A-1-6 . 

Law Implemented: SDCL 34A-l-18. 

235 
74:36:08:115. National emission standards for clay ceramic manufacturing area 

sources. The national emission standards for clay ceramic manufacturing area sources are those 

in 40 C.P.R. § 63, Subpart RRRRRR (July l, 2009). A source.that operates a unit subject to 

Subpart RRRRRR is exempt from the obligation to obtain a Part 70 operating permit if the 

source is not required to obtain a Part 70 operating permit for a reason other than the source is 

subject to Subpart RRRRRR. Exempted sources must still meet the applicable requirements in 

Subpart RRRRRR. 

Source: 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-l-18. 

74:36:08:116. National emission standards for glass manufacturing area sources. The 

national emission standards for glass manufacturing area sources are those in 40 C.P.R. § 63, 

Subpart SSSSSS (July l, 2009). 

Source: 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:117. National emission standards for secondary nonferrous metal 

processing area sources. The national emission standards for secondary nonferrous metal 

236 

• 

• 

• 
• processing area sources are those in 40 C.F.R. § 63, Subpart TTTTTT (July I, 2009). A source 

that operates a unit subject to Subpart TTTTTT is exempt from the obligation to obtain a Part 70 

operating permit if the source is not required to obtain a Part 70 operating permit for a reason 

other than the source is subject to Subpart TTTTTT. Exempted sources must still meet the 

applicable requirements in Subpart TTTTTT. 

Source: 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:118. National emission standards for plating and polishing area sources. 

• The national emission standards for plating and polishing area sources are those in 40 C.F.R. 

§ 63, Subpart WWWWWW (July I, 2009). A source that operates a unit subject to Subpart 

WWWWWW is exempt from the obligation to obtain a Part 70 operating permit if the source is 

not required to obtain a Part 70 operating permit for a reason other than the source is subject to 

Subpart WWWWWW. Exempted sources must still meet the applicable requirements in Subpart 

wwwwww. 

Source: 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18 . 

• 

237 
74:36:08:119. National emission standards for nine metal fabrication and fmishing • 

area sources. The national emission standards for nine fabrication and finishing area sources are 

those in 40 C.P.R. § 63. Subpart XXXXXX (July 1, 2009). A source that operates a unit subject 

to Subpart XXXXXX is exempt from the obligation to obtain a Part 70 operating permit if the 

source is not required to obtain a Part 70 operating permit for a reason other than the source is 

subject to Subpart XXXXXX. Exempted sources must still meet the applicable requirements in 

Subpart XXXXXX. 

Source: 

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-l-18. 

74:36:08:120. National emission standards for ferroalloys production area sources. • 

The national emission standards for ferroalloys production area sources are those in 40 C.P.R. 

§ 63, Subpart YYYYYY (July 1, 2009). A source that operates a unit subject to Subpart 

YYYYYY is exempt from the obligation to obtain a Part 70 operating permit if the source is not 

required to obtain a Part 70 operating permit for a reason other than the source is subject to 

Subpart YYYYYY. Exempted sources must still meet the applicable requirements in Subpart 

YYYYYY. 

Source: 

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-1-18. • 

238 
• 

• 

• 

74:36:08:121. National emission standards for aluminum, copper, and other 

nonferrous foundry area sources. The national emission standards for aluminum, copper, and 

other nonferrous foundry area sources are those in 40 C.P.R. § 63, Subpart ZZZZZZ (July 1, 

2009). A source that operates a unit subject to Subpart ZZZZZZ is exempt from the obligation to 

obtain a Part 70 operating permit if the source is not required to obtain a Part 70 operating permit 

for a reason other than the source is subject to Subpart ZZZZZZ. Exempted sources must still 

meet the applicable requirements in Subpart ZZZZZZ. 

Source: 

General Authority: SDCL 34A-1-6 . 

Law Implemented: SDCL 34A-1-18. 

CHAPTER 74:36:09 

PREVENTION OF SIGNIFICANT DETERIORATION 

Section 

74:36:09:01 Applicability. 

74:36:09:01.01 Prevention of significant deterioration permit required . 

74:36:09:02 Prevention of significant deterioration. 

239 
74:36:09:03 Public participation. 

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 April22, 1993; 33 SDR 43, effective September 18, 2006. 

General Authority: SDCL 34A-1-6, 34A-1-18. 

Law Implemented: SDCL 34A-1-18. 

• 

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. 

2006. 

Source: 30 SDR 26, effective September 1, 2003; 33 SDR 43, effective September 18, 

General Authority: SDCL 34A-1-6, 34A-1-18. 

Law Implemented: SDCL 34A-1-18. 

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 

240 

• 
• 40 C.F.R. § 52.21 (July 1, 2005 July 1, 2009), except for 40 C.F.R. § 52.21(a)(l), (a)(2)(iv)(e), 

(a)(2)(vi), (b )(2)(iii)(h), (b )(3)(iii)(b ), (b )(3)(vi)( d), (b )(32), (b)( 42), (b )(55), (b )(56), (b )(57), 

(b)(58), (f), (q), (s), (t), (u), (x), (y), (z), and (cc) (July 1, 2005 July 1, 2009) 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 52.21(b)(37)(iii), the term "administrator" 

means either the secretary or the administrator of EPA, as applicable; 

• (b) In 40 C.F.R. §§ 52.2l(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. §§ 52.2l(b)(17); 52.21(b)(37)(i); 52.21(b)(43); 52.21(b)(48)(ii)(c); 

52.21(b)(50)(i); 52.21(g)(l) to 52.2l(g)(6), inclusive; 52.21(1)(2); and 52.2I(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. § 52.2l(c), the Class I areas in South 

• Dakota are Wind Cave National Park and the Badlands National Park; 

241 
(4) For the purposes of this section, 40 C.F.R § 52.21(a)(2)(iv)(f) is incorporated by 

reference excluding the last sentence which states, "For example, if a project involves both an 

existing emissions unit and a Clean Unit, the projected increase is determined by summing the 

values determined using the method specified in paragraph (a)(2)(iv)(c) of this section for the 

existing unit and using the method specified in paragraph (a)(2)(iv)(e) of this section for the 

Clean Unit"; 

(5) For the purposes of this section, 40 C.F.R. § 52.21(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"; 

(6) For the purposes of this section, 40 C.F.R. § 52.21(r)(6) is incorporated by reference 

excluding the phrase, "(other than projects at a Clean Unit or at a source with a PAL)"; 

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

excluding the phrase, "under 40 CFR 124.10"; and 

(8) For the purposes ofthis section, 40 C.F.R. § 52.21(w)(l) is incorporated by reference 

excluding the phrase, "expires under paragraph (s) of this section or". 

242 

• 

• 

• 
• 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. 

Source: 19 SDR 157, effective April22, 1993; 21 SDR 119, effective January 5, 1995; 30 

SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 33 SDR 43, 

effective September 18, 2006; 33 SDR 217, effective June 13,2007. 

General Authority: SDCL 34A-1-6, 34A-1-18. 

Law Implemented: SDCL 34A-1-18. 

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) (JHly 1, 2005 July 1, 2009), 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)(l) the phrase "specified time 

period" means 60 days; 

(3) For the purposes of this section, m 40 C.F.R. § 51.166(q)(2)(iv), the term 

"administrator" means the administrator of EPA; 

• 

243 
(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 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. • 

244 
• 

• 

• 

General Authority: SDCL 34A-1-6, 34A-1-18. 

Law Implemented: SDCL 34A-1-18. 

Section 

74:36:10:01 

74:36:10:02 

74:36:10:03 

Applicability. 

Definitions. 

Repealed. 

CHAPTER 74:36:10 

NEW SOURCE REVIEW 

74:36:10:03.01 New source review preconstruction permit required. 

74:36:10:04 

74:36:10:05 

74:36:10:06 

standard. 

74:36:10:07 

74:36:10:08 

74:36:10:09 

74:36:10:10 

Repealed. 

New source review preconstruction permit. 

Causing or contributing to a violation of any national ambient air quality 

Determining credit for emission offsets. 

Projected actual emissions. 

Clean unit test for emission units subject to lowest achievable emission rate. 

Clean unit test for emission units comparable to lowest achievable emission rate. 

245 
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 April22, 1993. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-6. 

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) (Jaly 1, 2003 July 1, 2009). 

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 April22, 1993; 21 SDR 119, effective January 5, 1995; 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. 

74:36:10:03. Net emissions increase defmed. Repealed. 

246 

• 

• 

• 
• 

• 

• 

Source: 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§ 74:26:01:06.01, 19 SDR 

157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; repealed, 30 SDR 26, 

effective September 1, 2003. 

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 plant-wide applicability limit and a pollution control project 

exclusion, a proposed project is considered a major modification to an existing major source if 

the proposed project meets the criteria in 40 C.P.R. § 51.165(a)(2)(ii)(A) to (F), inclusive, (July 

1, 2003 July 1, 2009). 

Source: 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005. 

General Authority: SDCL 34A-1-6, 34A-1-21 . 

Law Implemented: SDCL 34A-l-6, 34A-1-21. 

247 
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. 

74:36:10:04. Criteria for creditability of increase or decrease in actual emissions. 

Repealed. 

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 

repealed, 30 SDR 26, effective September 1, 2003. 

74:36:10:05. New source review preconstruction permit. A new source rev1ew 

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 iliat are owned, operated, or controlled by the applicant either in whole or 

248 

• 

• 

• 
• 

• 

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 use a clean unit test as described in § 74:36:10:09 or 

74:36:10:10 to determine whether emission increases at a clean unit are part of a project that is a 

major modification . 

The owner or operator may apply for a pollution control project exclusion. The procedures 

for a pollution control project exclusion are those in 40 C.P.R.§ 51.165(e)(1) to (e)(6), inclusive, 

(Jaly 1, 2003 July 1, 2009). 

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.P.R. § 51.165(£)(1) to (£)(15), inclusive, (Jaly 1, 

~July 1, 2009). 

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. 

249 
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 April22, 1993; 

21 SDR 119, effective January 5, 1995; 30 SDR 26, effective September 1, 2003; 31 SDR 101, 

effective January 2, 2005. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-l-6, 34A-1-22. 

74:36:10:06. Causing or contributing to a violation of any national ambient air 

quality standard. This section applies to any major stationary source or major modification to 

an existing major source that is located in an attainment or unclassifiable area that may cause or 

contribute to violation of a national ambient air quality standard. A major stationary source or 

major modification to an existing major source is considered to cause or contribute to a violation 

of a national ambient air quality standard if the source or modification would, at a minimum, 

exceed the following significance levels at any locality that does not or would not meet the 

applicable national standard: 

250 

• 

• 

• 
• 

• 

• 

POLLUTANT AND SIGNIFICANT LEVELS 

Averaging time (hours) 

Annual 24 8 3 1 

(1) S02: l.Ouglm3 5 uglm3 - 25 uglm3 -

(2)PM10: 1.0 uglm3 5 uglm3 - - -

(3) N02: 1.0 uglm3 - - - -

(4)CO - - 0.5 mglm3 - 2mg/m3 

The owner or operator of a new major stationary source or major modification to an 

existing major source may reduce the impact of its emissions on air quality by obtaining emission 

offsets to compensate for its adverse ambient impact where the new major source or major 

modification to an existing major source would otherwise cause or contribute to a violation of the 

national ambient air quality standard. The procedures for determining credit for emission offsets 

are those in§ 74:36:10:07. 

Source: 17 SDR 170, effective May 13, 1991; transferred from§ 74:26:01:16:02, 19 SDR 

157, effective April22, 1993; 30 SDR 26, effective September 1, 2003. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-6 . 

251 
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 ifthere 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 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; 

(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.P.R., Part 51, Appendix S, section IV.D (July 1, 2003 July 1, 2009); 

(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 

252 

• 

• 
• 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 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.P.R. § 51.165(a)(3)(ii)(D) (July 1, 2003 July 1, 2009), 

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; 

• 

253 
(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; 

(9) Decreases in actual emissions resulting from the installation of add-on control 

technology or application of pollution prevention measures that were relied upon in designating 

an emissions unit as a clean unit or a project as a pollution control project may not be used as 

offset; 

(10) Decreases in actual emissions occurring at a clean unit may not be used as offsets, 

except as provided in 40 C.F.R. § 51.165(c)(8) and (d)(lO) (July 1, 2003 July 1, 2009). Similarly, 

decreases in actual emissions occurring at a pollution control project may not be used as offsets, 

except as provided in 40 C.F.R. § 51.165(e)(6)(iv) (J~!ly 1, 2003 July 1, 2009); and 

(11) 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 I, 2003; 31 SDR 101, effective January 2, 2005. 

General Authority: SDCL 34A-l-6, 34A-1-21. 

Law Implemented: SDCL 34A-1-21, 34A-1-22. 

254 

• 

• 
• 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 (v), inclusive, (My 

1, 2003 July 1, 2009). This section does not apply to projects at a clean unit or at 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 (v), inclusive, (July 1, 2003 July 1, 2009) 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, 2003 July 1, 2009). 

• 

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. 

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)(l) to (c)(9), inclusive, (July 1, 2003 July 1, 2009) . 

Source: 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005. 

255 
General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-6. 

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, (fuly 1, 2003 July 1, 2009). 

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. 

CHAPTER 74:36:11 

PERFORMANCE TESTING 

Section 

74:36:11:01 Stack performance testing or other testing methods. 

74:36:11:02 Secretary may require performance tests. 

74:36:11:03 Notice to department of performance test. 

256 

• 

• 

• 
• 74:36:11 :04 Testing new fuels or raw materials. 

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 I, 2005 July 1, 2009). 

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 April22, 

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. 

• 

General Authority: SDCL 34A-1-6, 34A-1-12. 

Law Implemented: SDCL 34A-1-12. 

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 

257 
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 April22, 1993; 23 SDR 106, effective December 29, 1996. 

General Authority: SDCL 34A-1-6, 34A-1-12. 

Law Implemented: SDCL 34A-1-12. 

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 April22, 1993; 23 SDR 106, effective December 29, 1996. 

General Authority: SDCL 34A-1-6, 34A-1-12. 

Law Implemented: SDCL 34A-1-12. 

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 

258 

• 

• 
• 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. 

• 

259 
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 April4, 1999. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-6, 34A-1-12, 34A-1-21. 

CHAPTER 74:36:12 

CONTROL OF VISIBLE EMISSIONS 

Section 

74:36:12:01 Restrictions on visible emissions. 

74:36:12:02 Exceptions to restrictions. 

74:36:12:03 Exceptions granted to alfalfa palletizes or dehydrators. 

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.P.R. Part 60, Appendix A (Jaly 1, 2005 

July 1, 2009). 

260 

• 

• 
• 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 April22, 1993; 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April4, 

1999; 26 SDR 168, effective June 27, 2000; 31 SDR 101, effective January 2, 2005; 32 SDR 

209, effective June 13, 2006. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-6. 

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 such operations as soot blowing, start-up, shutdown, 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 April22, 1993. 

261 
General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-6. 

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 (Jl:lly 1, 2005 

July l, 2009). 

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. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-6. 

CHAPTER 74:36:13 

CONTINUOUS EMISSION MONITORING SYSTEMS 

Section 

74:36:13:01 Secretary may require continuous emission monitoring systems (CEMS). • 

262 
• 74:36:13:02 

74:36:13:03 

74:36:13:04 

74:36:13:05 

74:36:13:06 

74:36:13:07 

74:36:13:08 

Minimum performance specifications for all continuous emission monitoring 

systems. 

Reporting requirements. 

Notice to department of exceedance. 

Compliance determined by data from continuous emission monitor. 

Compliance certification. 

Credible evidence. 

Compliance assurance monitoring. 

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. 

74:36:13:02. Minimum performance specifications for all continuous emission 

monitoring systems. Minimum performance specifications for all continuous emission 

263 
monitoring systems are those contained in 40 C.P.R. Part 60, Appendix Band 40 C.P.R. § 60.13 • 

(Jttly 1, 2005 July 1, 2009). 

Source: 19 SDR 157, effective April22, 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. 

General Authority: SDCL 34A-l-6, 34A-l-12. 

Law Implemented: SDCL 34A-l-12. 

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.P.R.§ 60.7 (July 1, 2005 July 1, 2009). All records must be made available to • 

the department on request. 

Source: 19 SDR 157, effective April22, 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. 

General Authority: SDCL 34A-l-6, 34A-l-12. 

Law Implemented: SDCL 34A-l-12. 

74:36:13:04. Notice to department of exceedance. Any emissions that exceed the 

standards listed in 40 C.P.R. Part 60 (July 1, 2005 July 1, 2009) or this article that are detected 

• 

264 
• 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 April22, 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. 

General Authority: SDCL 34A-1-6, 34A-1-12. 

Law Implemented: SDCL 34A-1-12. 

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 April22, 1993. 

General Authority: SDCL 34A-1-6, 34A-1-12. 

Law Implemented: SDCL 34A-1-12. 

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, 2005 

July 1, 2009) and incorporated into a federally enforceable operating permit in addition to any 

• specified compliance methods. 

265 
Source: 21 SDR 119, effective January 5, 1995; 31 SDR 101, effective January 2, 2005; 32 

SDR 209, effective June 13,2006. 

General Authority: SDCL 34A-1-6, 34A-1-12. 

Law Implemented: SDCL 34A-1-12. 

74:36:13:07. Credible evidence. Notwithstanding any other provtston, 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.P.R. § 70.6(a)(3) 

(J1:1ly 1, 2005 July 1, 2009) 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 (Jl:lly 1, 2005 July 1, 2009); 

266 

• 

• 

• 
• (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. 

General Authority: SDCL 34A-1-6, 34A-1-12. 

Law Implemented: SDCL 34A-1-12. 

74:36:13:08. Compliance assurance monitoring. The owner or operator of a unit that is 

• subject to 40 C.P.R. § 64.2 (July 1, 2005 July 1, 2009), must comply with 40 C.P.R. §§ 64.1 and 

64.3 to 64.10, inclusive, (July 1, 2005 July 1, 2009). 

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. 

General Authority: SDCL 34A-1-6, 34A-1-12. 

Law Implemented: SDCL 34A-1-12. 

CHAPTER 74:36:14 

VARIANCES 

• (Repealed. 23 SDR 106, effective December 29, 1996) 

267 
CHAPTER 74:36:15 

OPEN BURNING 

Section 

74:36:15:01 Transferred. 

74:36:15:02 and 74:36:15:03 Repealed. 

74:36:15:01. Transferred to§ 74:36:06:07. 

74:36:15:02. Open burning practices permissible. Repealed. 

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

§§ 34:10:04:03, 34:10:04:04, 34:10:04:06, 34:10:04:07, 34:01:04:08, 34:10:04:08.01, and 

34:10:04:12, 7 SDR 4, effective July 27, 1980; transferred from §§ 44:10:04:03,44:10:04:04, 

44:10:04:06,44:10:04:07,44:01:04:08,44:10:04:09, and 44:10:04:13, effective July 1, 1981; 13 

SDR 129, 13 SDR 141, effective July 1, 1987; transferred from §§ 74:26:04:03, 74:26:04:04, 

74:26:04:06, 74:26:04:07, 74:26:04:08, 74:26:04:09, and 74:26:04:13, 19 SDR 157, effective 

268 

• 

• 

• 
• April22, 1993; 21 SDR 119, effective January 5, 1995; repealed, 23 SDR 106, effective 

December 29, 1996. 

74:36:15:03. Refuse burning in rural areas-- Conditions --Restrictions. Repealed. 

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

§ 34:10:04:09, 7 SDR 4, effective July 27, 1980; transferred from§ 44:10:04:10, effective July 1, 

1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; transferred from§ 74:26:04:10, 19 SDR 

157, effective April22, 1993; repealed, 23 SDR 106, effective December 29, 1996. 

CHAPTER 74:36:16 

• ACID RAIN PROGRAM 

Section 

74:36:16:01 General provisions. 

74:36:16:02 Allowance system. 

74:36:16:03 Reserved. 

74:36:16:04 Continuous emission monitoring. 

74:36:16:05 Nitrogen oxides emission reduction . 

• 

269 
74:36:16:01. General provisions. The following provisions are incorporated by • 

reference: 40 C.P.R. §§ 72.2 to 72.85, inclusive, (J11ly 1, 2005 July l, 2009) except for the 

following definitions in § 72.2: Environmental Appeals Board, EPA trial staff, ex parte 

communication, hearing clerk, presiding officer, and state operating permit program and except 

for§§ 72.4, 72.5, 72.6(c), 72.10, 72.12, 72.13, 72.20, 72.23 to 72.25, inclusive, 72.60 to 72.71, 

inclusive, 72.73, and 72.74. For the purposes of this chapter, "administrator" means the secretary 

of the El6J3artfl'leat, except for those authorities which cannot be delegated to the state, in which 

case "administrator" means the administrator of the Environmental Protection Agency. 

Source: 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. 

General Authority: SDCL 34A-1-6, 34A-1-18. 

Law Implemented: SDCL 34A-1-18. 

74:36:16:02. Allowance system. The allowance system for the acid rain program is that in 

40 C.P.R.§§ 73.1 to 73.53, inclusive, (J11ly 1, 2005 July l, 2009). 

Source: 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April4, 1999; 26 

SDR 168, effective June 27, 2000; 31 SDR 101, effective January 2, 2005; 32 SDR 209, 

effective June 13, 2006. 

General Authority: SDCL 34A-1-6, 34A-1-18. 

Law Implemented: SDCL 34A-1-18. 

270 

• 

• 
• 

• 

• 

74:36:16:03. Reserved. 

74:36:16:04. Continuous emission monitoring. The continuous emission monitoring 

requirements for the acid rain program are those in 40 C.F.R. §§ 75.1 to 75.67, inclusive, (Jaly 1, 

~ July 1, 2009) and Appendixes A to H, inclusive, to 40 C.F.R. Part 75 (Jaly 1, 2005 July 1, 

2009). 

Source: 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April 4, 1999; 26 

SDR 168, effective June 24, 2000; 31 SDR 101, effective January 2, 2005; 32 SDR 209, 

effective June 13, 2006 . 

General Authority: SDCL 34A-1-6, 34A-l-18. 

Law Implemented: SDCL 34A-1-18. 

74:36:16:05. Nitrogen oxides emission reduction. The nitrogen oxides emtsston 

reduction requirements for the acid rain program are those in 40 C.F.R. §§ 76.1 to 76.16, 

inclusive, (Jaly 1, 2005 July I, 2009). 

Source: 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. 

General Authority: SDCL 34A-1-6, 34A-1-18 . 

Law Implemented: SDCL 34A-1-18. 

271 
Section 

74:36:17:01 

74:36:17:02 

74:36:17:03 

74:36:17:04 

74:36:17:05 

74:36:17:06 

CHAPTER 74:36:17 

RAPID CITY STREET SANDING AND DEICING 

Applicability. 

Reasonable available control technology. 

Street sanding specifications. 

Street sanding and deicing plan. 

Street sanding and sweeping recordkeeping. 

Inspection authority. 

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. 

272 

• 

• 

• 
• Law Implemented: SDCL 34A-1-6, 34A-1-15, 34A-1-38. 

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. 

273 
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. 

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 ofFine 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. 

• 

274 
• 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. 

74:36:17:04. Street sanding and deicing 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 ofthe streets in the Rapid City zone; 

• 

275 
(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-l-12, 34A-1-15, 34A-1-38. 

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: 

276 

• 
• 

• 

• 

(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. 

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-l-15, 34A-1-38, 34A-1-41. 

CHAPTER 74:36:18 

REGULATIONS FOR STATE FACILITIES IN THE RAPID CITY AREA 

Section 

74:36:18:01 Definitions. 

277 
74:36:18:02 

74:36:18:03 

74:36:18:04 

74:36:18:05 

74:36:18:06 

74:36:18:07 

74:36:18:08 

74:36:18:09 

74:36:18:10 

74:36:18:11 

74:36:18:12 

Applicability. 

Permit required. 

Time period for permits and renewals. 

Required contents of a complete application for a permit. 

Contents of permit. 

Permit expiration. 

Renewal of permit. 

Reasonably available control technology required. 

Visible emissions limit for construction and continuous operation activities. 

Exception to visible emission limit. 

Notice of operating noncompliance -- Contents. 

74:36:18:01. Defmitions. 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; 

278 

• 

• 

• 
• (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 comer of Section 15, Township 2 north, Range 6 

east; 

(b) East to the northeast comer of Section 14, Township 2 north, Range 8 east; 

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

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

(e) North to the point ofbeginning; 

(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. 

279 
Source: 28 SDR 178, effective July 1, 2002. • 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-6. 

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-ll, 34A-1-18, 34A-1-19, 34A-1-21, 34A-1- • 

38. 

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. 

280 

• 
• 

• 

• 

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. 

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. 

General Authority: SDCL 34A-1-6, 34A-1-21, 34A-1-24. 

Law Implemented: SDCL 34A-1-21, 34A-1-24. 

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; 

281 
(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. 

General Authority: SDCL 34A-1-6, 34A-1-21, 34A-1-24. 

Law Implemented: SDCL 34A-1-21, 34A-1-24. 

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; 

282 

• 

• 
• (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; 

(1 0) Recordkeeping and reporting requirements; 

(II) 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 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. 

General Authority: SDCL 34A-1-6, 34A-1-21. 

Law Implemented: SDCL 34A-1-21, 34A-1-30 . 

283 
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. 

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. 

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. 

284 

• 

• 
• 

• 

• 

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 Tennessee Vist~al Bmissioas Method I, as aprrovea by BPA ia 4 0 

C.P.R. § 52.2220 (Jt~ly I, 200I) The Environmental Protection Agency's Method 9 in 40 C.F.R 

Part 60, Appendix A (July l, 2009) shall be used to determine the opacity. 

Source: 28 SDR 178, effective July 1, 2002. 

General Authority: SDCL 34A-1-6 . 

Law Implemented: SDCL 34A-1-47, 34A-1-49. 

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 . 

General Authority: SDCL 34A-1-6, 34A-1-19, 34A-1-24. 

285 
Law Implemented: SDCL 34A-1-12, 34A-1-19, 34A-1-24. 

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. 

General Authority: SDCL 34A-1-6, 34A-1-21. 

Law Implemented: SDCL 1-26-27, 34A-1-21, 34A-1-30. 

CHAPTER 74:36:19 

MERCURY BUDGET TRADING PROGRAM 

(Repealed) 

gection 

74:36:19:01 General provisions. 

74:36:19:02 Designated representative. 

74:36:19:03 Permits. 

286 

• 

• 

• 
• 

• 

• 

74:36:19:04 

74:36:19:05 

74:36:19:06 

74:36:19:07 

74:36:19:08 

, al1owaaees. '\flnaa1 alloeation of mereHf) . . 

t- . to the aemlnlstrator . Saemitting mereary , allowaaee alloeatwns 

Baseline heat inpat. 

Allowaaee a o 11 eations for eJns · r m g liilits. 

. t siee aeeoliilt. 

Jl.lewamt se a 't t asiee aeeoant. 

Alloeation ofmerelif)' <P llo·"anees n c.. ttom nem ~ liill- se 

' reooetion aeeoliilt. 

74:36:19:09 

74:36:19:10 

74:36:19:11 

74:36:19:12 

MerSHf) , 6 etion aeeoant. , , allowanees from mer6lif) re li , 

AlleootioROfm"""" . ·ae aeeeunt """"'""'"" 

l.pprova 1 f o mereary· allowaaee s & ttOm ne", ~ " liillt set as1 

reeaetion aeeoliilt. 

74:36:19:13 AJ!owanee trae~:ln 1· g system. 

74:36:19:14 Allowaaee transfer. 

74:36:19:15 Monitoring ana reporting. 

1 "'FO"tstaas. + e 74,,.,,9,Dl. G••OFo " ' . . , 1 2003). . . 41 following general p revisions ~ are ineorporatee ey 

referenee: 40 C.F.R. §§604102to . 60 · 4108 ' inelusPie (Jal) ' 

Sauree: 33 SDR ' 43 ' effeetive SepteHre, e r 18 2006. 

GeaerRI Authant}. . "SDCL 34A 1 6, 34A 1 18. 

LRw IBiJJiemea t e . d· SDCL 34A 1 18. 

287 
74 :Md9·(1 · · 2 · Desigaated rSJ3reseffiative • 

SaaFee: 33 SDR 43 ' effeeti>te September 1 g 2006 

74:39:19:(13. PeF IH:l •t s. The fullowin . 

C.¥.R . §§' 0.4120 to 60.4124 ,'""""~ . 1 . g P"""' 1"",;,;..,, are incorporated · by re-B 

(loly I, 2005). ""''"" 40 

SaaFee: 33 8DR 43 'effective 8Sj3tember Ig 2006 • 

74:39:19:1H • aRRRal A allaeati9R af """"""n _,..., .U.wftD< 

a owanees fur fues. The allffilal ~1 . ' """""! P"'•d in 20 • ""'"'"' ef 

201g and thereaft er, . 10 throHgh 2017 is 2 304 lS 92g oHnees per year. ' oHnees per year and" ror 

SaaFee: 33 SDR 43 , effeeti"e s 

• 

288 
• 

• 

• 

74:38:19:0S. SulnHittiBg mereuFy . oeoreance 'lvith 

. · the mereliry .a llo"'ance ~· allooatioHs m a 

allawaaee allaeatiaas ta the admiBistFataF. The 

- ...,. __ .,, -eg . · f EPA "'' ;no..,effilod lry §§ 74:36:19:07, 74:36:19:09, an d 74·36:19:11 . to the AEimiHistrator o 

referOHee: 40 C. F ·'· R § 60.4141 (Jli1y 1, 2005). 

S auFee: 33 8DR ' 43 ' effeetive 89}ltem. b or, 18 2006. 

CeaeFal au ,. thaf'ity: 8DCL 34A 1 6, 34A 1 18. 

Law IIBJllemeated: 8DCL 34l\. 1 18. 

}" heat lBput. e d a ' 74,J0,19'0'. Ba'""'""" .• "' ;..,,._,, 

. f s for eac h mereliFJ' lmeget 11H 

. Th baseliHe heat IHp~r, · t m . m1 ·n· 10 H :Brus ' lise El "'ith " 

res~eot to me FCl:lf)' a llo"'ance " allocEHOH 

refereHee: 40 C. F ·'· R § 60.4142(a) (Jlily 1, 2005). 

SauFee. 33 8DR 43, effeetive 89jltem. b er, 18 2006 . 

CeaeFal Aut h an "ty· .8DCL 34A 1 6, 34A 1 18. 

Law IIBJllemeB t e . d·8DCL 34A 1 18. 

o

7 7,, .. ,,., •. ' \Hawaaee a a -1 """"' '"'"" 11 f eHs iH 

erceHt of the annua m · · lifiits shall e~al 90 

p · a iB 2015 

U eatiaas faF e*istiBg uaits. The tota I aR'IOliffi of merCliry 

s 74:36:19:04 for eoHtrol ~erwEIIH 't that has establishes a baselme 

~ OFClifY aHEiget litl1 . . t . ElefiHeEI as a m t 

......... -. Aa ,.;_,.""' " - . - ... ,.;, ... "'"'· ............ . 74 ·36·19:06. If there IS mere 

289 
merel:lf)' allewaRees by the ratio ef the baseliae heat il'Jfll:H ef the eJ<istiag uait te the total ameuffi • 

ef baseliae heat il'Jfll:H of all sueh existiag uffits aRa rellflEliag to the aearest whole allewaRee as 

~vrevriate. 

Seuree: 33 8DR 43, effeeti'1e September 18, 2009. 

General Authority: SDCL HA 1 9, 34A 1 18. 

Law liftfJlemented: SDCL 34A 1 18. 

74:36:19:08. New unit set aside aeeouat. Fer eaeh eOI'I:trol period ia 2010 aRa thereafter, 

the seeretary shall establish a 1'1:13'iV Uflit set aside aeeeuat for merel:lf)' allowaRees. The merel:lf)' 

allewaRees for the 1'1:13'11 llflit set aside aeeeuat shall eEfHal five vereeat ef the afl:flllal mer6l:lf)' 

al1oeatieas ia § 74:39:19:04 for eeatrolverieEl ia 2010 thmugh 2014, aRa four vereeat for eoatrel • 

veried ia 2015 aRa thereafter. 

Seuree: 33 8DR 43, effeeti'1e 86}3teffiber 18, 2009. 

General Authority: 8DCL HI'. 1 9, 34A 1 18. 

Law Implemented: 8DCL 34A 1 18. 

74:36:19:09. Alleeatien ef mereury allewanees frem new unit set aside aeeeunt. 

MerSUF)' allowaRees from the aew Uflit set aside aeeel:lflt are available to a aeow llflit. A 1'1:13'iV lll'l:it 

is ElefiaeEl as a mer6l:lf)' budget uait that has aot established a baseliae heat il'Jfll:H ia aeeoraaRee 

with § 74:39:19:09. A aew uait is eligible for ffi&6l:lf)' allewaaees from the aew llflit set aside 

aeeel:lflt l:lfltil the first eeatrel perieEl for whish the 1'1:13'iV uffit is alleeateEl ffieFSUF)' allowaRees • 

290 
• 

• 

• 

ll 1'6\Wj' esiglr ' a ! 74o36ol9cG?. L•- • 00 le tho .,......, 

un er . . Eie accolffit traRs4:lrr the aew ualt set asl 

a . atea rej)fBSeBtatwe . 0 f a Be·~, 4 urn 1 may subml "t a !' e(:]:tlest 

m JiaRCB aCCOUB . 

allowaRce trackiag system co p 1 erioa ia v:hich the aew umt 

h first coatrol peno . a after the coatro p . 

,-.,

1 

porie<l ia 20!0 "H ,.,. ,,....,, _, bo -•"' 

, allmvance traRs . atioa The merffiH'y h 

"'""""''"' "'""""'""' '"" . . , """'"""'" .,.. ,...,.,.,., 'Go . a . R "zRiCh the merCUF) t I peno 1 n . 

, ho""• July l ef Ike ""'' . ,. - aot """"""" 

0 • ry allOV/aRCBS 1R . " may rei:J:Uest -mercu 

-me """" s.,.;ga ... s '""'""'""' • - . . as for the coatro l . pen '" ;. """"" "'' -- f. erCUF)' ClBlSSlO 

the aew uait's total oUBces o m 11 'FaRces available ia the aew 

If. the re(:}uests(s) e~(cee a the mercury a 0 n b 

<>lie>''"""" .,.. "'"'""""· - f "'""""" <>llew- '"""' . a the amouat 0 h t coatrol peno ' · 

• . t "'' ,.;a. "''"""" "" .... ' <>lie ....... by ... ""'' 

um . , multiplyiag the total amount of. mercUF) 

""'""""'"" .... """ .... - "' . " - - ,...,.,, te ... tet<>l . . RS auriag the CORtrol peno 

of. the total mmces o mer . the aearest whole allowaace 

f CUF)' emlSSlO as 

. . 11 SUeR rBI:J:UBStS aaa rouaamg to 

f. mercUF)' emlsswa of. a . t t aside accouat for ouaces o . . ia the aew lffil se 

appropna . 4 e. r~ Any lffiallocate a m erCl:ifY a llo•"ances " remalamg 

the coatro 1 . peno a shall be banked for future use. 

33 SDR 43 effective SeptBHre, b r 18 2006. 

Ceaerall'·.,uthant) · 

Law IIHfllemea t e . d· SDCL 34A 1 18. 

, redaetiaa aeeaaa . , 

7<·30o19ol0. Me<ou<> 11 "'"'""· ""'"'""""' 

• fi rCUF)' a o " · accouffi «lr me 

t For each control pen .oa in 2010 ana thereafter, 

allovlaRces for the mert:rl') U1 , reduction account s 

291 
alloeations in § 74:36:19:04 fur eontrol period in 2010 thro=agh 2014, and fu'Hf pereent fur eontrol 

period in 2015 and thereafter. 

SaaFee: 33 gnR 43, effeetive geptember 18, 2006. 

Ceneul AathaFity: gncL 34A 1 6, 34A 1 18. 

Law Im~lemented: gncL 34A 1 18. 

74:36:19:11. Allaeatian af meFe=aFy allawanees fFam meFeary Fedaetian aeeaant. 

Merom)' allowances R-om the merom-y redHetioH aeeoHnt are available to an 6*isting lifl:it or new 

liflit that achieves best mercury controls. Best m.ere'Hf)' eontrols means the merG'Hf)' eontrols fur 

an eJdsting liflit or ne>;v =anit achie>1e greater than or eCfllal to 90 pereent control of the mercury 

• 

emissions R-om the t~nit. .Ail eJ<istiHg t~nit or ae>.v =anit that aehieves best mereHF)' eontrol is • 

eligible fur the merotouy allovranees R-om the merG'HF)' red=aotion aooo=ant fur 'Hfl to five 

eonsee=ative control periods. The mere'Hf)' designated representative of an eJ<isting =anit a11d/or 

new =anit may s=abmit a reEj=aest to have mero=ary allmvanees R-om the mercury reooction aeeo=ant 

transferred to the mere'Hf)' allmvanoe tracking system eoraplianee aeeot~nt fur the eJ<isting =anit 

and/or new =anit startiHg with the later of the eontrol period in 2010 or the first eontrol period 

after the eontrol period in ·.vhich best mere=ary eontrols has been demonstrated. The mercury 

allowance transfer FOCfllest FHHSt be soomitted on Of befOre february 1 after the eontrol period in 

which the mere=ary allowaHees are reEj'Hested. If tae reEj'Hest(s) exeeed the mercury allowanees 

available in the control period, the amo=ant of mercury allowance shall be determined fur each 

existiag =anit ancl/or 11ev: =aait by mt~ltiplying the total arno=ant of mercury allowances by the ratio 

of the merom)' control efficiency fur a reCfllest to the s\ffilffiation of eontrol effieienoies of all s=ach • 

292 
• 

• 

• 

,.'hole allowaece as a ppropna . 4 e. 1 " ~ BY l:lRallocated mercury 

d rooodiRg to the Rearest " 1 . od shall be banked for reql:lests ae t for the coRtro pen 

allowaeces rem<HRt · ·Rgmt . 11 em ercury redachoR . aCCOl:lR 

fu.tw-e ase. 

33 SDR 43 effecti','e September 18, 2006. 

Ceaeral l"~atharlt) · 

Law Implemea t e . d·SDCL 34A 1 18. 

74, .. ,,.,.,, .......... ., 1 --

af merear~ . h _all_,,..., t from 

artmeet v;t . II re "tem ' 44 eaCtt me • J 

' allawaaees fram Be~·' 4 HBI 't set asl ·.. e a eeaaBt aad 

mereary re • ..ae a ...... -. Tho ... . , t aed traester ' m ....., all ......... "' 

rcw . red1:lchoR accooo 

tfte BOW .,;, oot .,.;a. "'""'"' on4 ""'> t I& """' ""'""' pori00 P"""""t te 

the merCl:lfj' a llo,.'aRce n tfackmg . s; 'Stem compliaece accoaH 

sach reqaests as follows: 

(l) Tho <iep-OBt willaeo,.t'"' a « 

0 

--""'"' __ ,..,. te moot,"" 

· djasted by the epai 

llo'"aRCe alloc<H t. OR reql:lest c ter the Re'll aRit set aside 

accoarn OR I Y . 1 "f the reqaest m , eets or 1S a 

"'iHH:eH'leffts-f!i'-§S.._:7f1.41-;,· 3~6~:+19~:;.1:!0~9; j, "'"'l' ........... 

, ..... ......., " ' . ll 4ioB ,.,..,, "" Go m 

. 1 j:lt ae allowaece a oca th 

(2) Tho .,._..., .,]. aeoor 0 -- "' "'"""" te ....,,, 

accoarn OR I Y . 1 · f the reqaes t meets ' or 1s · adjasted by the epa~ 

""~:eH'IeRts-I:H'f~~r-:77L4H-·3~6&;:±1'+9:~11; . allo.,·aeces reqaested, as .. --·-· • L .. ....., - " 

'1 . tee sam of tue 

·n deterreme d fer '3' Tho a,._ w• , .-lporieO-"""' ~ 7 36·19·1l for 1:ue c adjaste- . d . m a ccordaece W1th . § § 7 . 4·36:19:09 aed 74: . . , 

293 
the ffi0f0llfj' all 0"' n' aRGOS to th e liflJ3rop . 

aeeo=H t enate merem:y 11 • 

Sauree: 33 8DR 4 3, effeeti"e g 

34,, 1 6, 34A 1 

Lawlmplo 18. 

mented: 8DCL 34,. " 1 1g. 

"'""'"'"'' "" "" l ,..... Th• fellowing ,.,.-.a "" , ..Uow .. eo -

1 

. 

~ r-~J~~r~e~~e~re~n*e~e~:A4~0~C"'""~~04+>>4~*'~::::::::an:g::s::,~:t:e:m KR. §§ 60.4151 to 60 . 41 57, mel=Hsive . (July 1' 

traelang s , t • 

1g. 

74:3():19:14 All . . ,.. awanee transfers Th 

"''""''-· " . - • fell""""" "' ... J referenee: 40 C F R OwaHee traHsfer · · · §§ OOA "" "' OOA 1

, . . ""'.;,;,

00 

"" 2, melUSlVO (Julv 1 200 J '"" 5). 

• 

294 
• 

• 

• 

CeBeral ,AJ<l:ltharity: SDCL 34A 1 €i, 34A 1 18. 

Law Implemented: SDCL 34A 1 18. 

74:36:19:1S. Manitaring and reparting. The fellmviHg ffiOHitoriHg al'la F6flortiHg 

provisiol'IS are il'leorporatea ey referel'lee: 40 C.F.R. § § €)0.4170 to €i0.417€i, il'le1Hsive (JHly 1' 

Sauree: 33 SDR 43, effective Septefl'lber 18, 200€i. 

Ceneralt..utharity: ~meL 34A 1 €i, 34A 1 18. 

Lwll Implemented: SDCL 341\ 1 18 . 

CHAPTER 74:36:20 

CONSTRUCTION PERMTIS FOR NEW SOURCES OR MODIFICATIONS 

74:36:20:01 Applicability. 

74:36:20:02 Construction permit required. 

74:36:20:03 Construction permit exemption. 

74:36:20:04 Emission unit exemptions. 

74:36:20:05 Standard for issuance of construction permit. 

74:36:20:06 Timely and complete application for a construction permit required. 

74:36:20:07 Required contents of complete application for a construction permit . 

74:36:20:08 Applicant required to supplement or correct application. 

295 
74:36:20:09 Permit application-- Completeness review. 

74:36:20:10 Time period for department's recommendation. 

74:36:20:11 Public participation in permitting process. 

74:36:20:12 Public review of department's draft permit. 

74:36:20:13 Final permit decision-- Notice to interested persons. 

74:36:20:14 Right to petition for contested case hearing. 

74:36:20:15 Contents of construction permit. 

74:36:20:16 Administrative permit amendment. 

74:36:20:17 Procedures for administrative permit amendments. 

74:36:20:18 Reopening construction permit for cause. 

74:36:20:19 Procedures to reopen construction permit. 

74:36:20:20 Construction permit does not exempt from other requirements. 

74:36:20:21 Expiration of a construction permit. 

74:36:20:22 Notice of constructing or operating noncompliance-- Contents. 

74:36:20:23 Petition for contested case on alleged violation. 

74:36:20:24 Circumvention of emissions not allowed. 

74:36:20:01. Applicability. The requirements of this chapter apply to the construction of 

all new sources or modifications to existing sources. 

Source: 

General Authority: SDCL 34A-l-6, 34A-1-21. 

Law Implemented: SDCL 34A-1-21. 

296 

• 

• 

• 
• 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. 

Source: 

General Authority: SDCL 34A-l-6, 34A-l-21. 

Law Implemented: SDCL 34A-1-21. 

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§ 

• 

74:36:09; 

(2) A new source or modification to an existing source meeting the requirements of § 

74:36:10; 

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

(4) A source that meets the exemption requirements in§§ 74:36:04:02.01 and 74:36:05:04. 

Source: 

General Authority: SDCL 34A-l-6, 34A-1-21. 

Law Implemented: SDCL 34A-1-21. 

297 
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§§ 74:36:07 or 74:36:08: 

(1) One or more incinerators ofless than 100 pounds per hour combined burning capacity 

that combust municipal or household waste; 

(2) A mobile internal combustion engme, 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 

298 

• 

• 
• emissions from the unit must be included in determining whether the source is required to obtain 

a construction permit. 

Source: 

General Authority: SDCL 34A-1-6, 34A-l-21. 

Law Implemented: SDCL 34A-1-21. 

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 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, 2009). 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: 

General Authority: SDCL 34A-1-6, 34A-1-19, 34A-1-21. 

Law Implemented: SDCL 34A-1-21. 

299 
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: 

General Authority: SDCL 34A-l-6. 34A-l-21. 

Law Implemented: SDCL 34A-l-21. 

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; 

300 

• 

• 

• 
• 

• 

• 

(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 emissions units, flow rates, building 

dimensions, and stack parameters, including height, diameter, and plume temperature, for all 

pollutants regulated at the source; 

(4) If available, a copy of any prepared plans and 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: 

General Authority: SDCL 34A-l-6, 34A-1-21. 

Law Implemented: SDCL 34A-l-12, 34A-l-21. 

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 necessarv to address 

301 
requirements that become applicable after the application is filed but before the release of the • 

draft permit. 

Source: 

General Authority: SDCL 34A-l-6, 34A-1-21. 

Law Implemented: SDCL 34A-1-21. 

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 necessarv 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 ts 

approved by the department; and 

• 

302 
• (3) The department shall detennine 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: 

General Authority: SDCL 34A-1-6, 34A-1-21. 

Law Implemented: SDCL 34A-1-21. 

74:36:20:10. Time period for department's recommendation. The department shall 

recommend issuance or denial of a construction pennit within 180 days after the submission of a 

complete application and all other additional infonnation necessary for the department to make 

• an infonned decision. A recommendation to issue a pennit shall include a draft pennit 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 confonn to the requirements of article 74:09. 

Source: 

General Authority: SDCL 34A-l-6, 34A-1-21. 

Law Implemented: SDCL 34A-1-21. 

303 
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: 

General Authority: SDCL 34A-l-6, 34A-1-21. • 

Law Implemented: SDCL 1-26-27, 34A-l-21, 34A-1-30. 

74:36:20:12. Public review of 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. 

• 

304 
• 

• 

• 

Source: 

General Authority: SDCL 34A-l-6, 34A-I-21. 

Law Implemented: SDCL 34A-I-21 

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: 

305 
General Authority: SDCL 34A-l-6, 34A-l-21. 

Law Implemented: SDCL 1-26-27, 1-26-29, 34A-1-21. 34A-1-30, 34A-1-34 • 

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: 

General Authority: SDCL 34A-l-6, 34A-l-21. 

Law Implemented: SDCL 1-26-27, 1-26-29, 34A-l-21. 34A-1-30, 34A-1-34. 

• 

306 
• 

• 

• 

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; 

(1 0) Monitoring, recordkeeping, and reporting requirements necessary to determine 

compliance with the construction permit; 

(11) A severability clause to ensure the continued validity of the vanous permit 

requirements if any portions of the permit are challenged; and 

(12) Provisions stating the following: 

307 
(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: 

General Authority: SDCL 34A-l-6, 34A-1-21. 

Law Implemented: SDCL 34A-1-21, 34A-1-30. 

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: 

General Authority: SDCL 34A-l-6, 34A-1-21. 

Law Implemented: SDCL 34A-l-21 

74:36:20:17. Procedures for administrative permit amendments. The source may 

implement a proposed revision that is considered an administrative permit amendment • 

308 
• 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: 

General Authority: SDCL 34A-l-6, 34A-1-21. 

Law Implemented: SDCL 34A-1-21 

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: 

General Authority: SDCL 34A-l-6, 34A-1-21. 

Law Implemented: SDCL 34A-1-21 

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 

309 
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: 

General Authority: SDCL 34A-1-6, 34A-1-21. 

Law Implemented: SDCL 34A-1-21 

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 § 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: 

General Authority: SDCL 34A-l-6, 34A-1-21. 

Law Implemented: SDCL 34A-1-21 

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 ofthe new source or modification to an existing source is terminated. • 

310 
• 

• 

• 

Source: 

General Authority: SDCL 34A-l-6, 34A-1-21. 

Law Implemented: SDCL 34A-1-21. 

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, 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 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: 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 1-26-20, 34A-1-53. 

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 

311 
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: 

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-l-47, 34A-l-49. 

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: 

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-l-18. 

312 

• 

• 

• 
j) 

~IERRA CLUB 

RECEIVED 

. APR 13 2010 

• 

• 

FOUNDED 1892 

Aprill2,2010 

VIA OVERNIGHT MAIL 

Kyrik Rombough, Natural Resources Engineering Director 

South Dakota Department of Environment and Natural Resources 

523 East Capitol, Joe Foss Building 

Pierre, South Dakota 57501 

AIR QUALITY 

PROGRAM 

RE: Comments on Proposed Rule Changes to Article 74:36 South Dakota Air 

Pollution Control Program 

Dear Mr. Rombough: 

Sierra Club respectfully submits the following comments on the proposed rule 

changes to Article 74:36 regarding South Dakota's Air Pollution Control Program which 

are scheduled for public hearing before the Board of Minerals and Environment on April 

15, 2010. 

1. ARSD 74:36:01:20 Physical change or change in the method of operation defined. 

There is no need for this definition and it should be deleted. The definition 

essentially repeats the exemptions from the definition of"major modification" in the 

prevention of significant deterioration (PSD) rules (at 40 C.P.R. §52.2l(b)(2)(iii) 

incorporated by reference into ARSD 74:36:09:02). Although EPA has exempted certain 

activities from being considered subject to PSD requirements, that is not a justification 

for the same exemption to apply to the state's permitting requirements. South Dakota is 

required to have a program regulating the construction and modification of stationary 

sources to ensure that the national ambient air standards (NAAQS) will be attained and 

maintained and that a source won't interfere with any of the control strategies of the state 

implementation plan. 40 C.P.R. §51.160(a); CAA §110(a)(2)(C) and (D). Thus, the state 

should not exempt physical changes or changes in the method of operation that increase 

emissions or result in emissions of a pollutant not previously emitted from its permitting 

program. 

Also, determining the applicability of South Dakota's PSD program can be 

complicated. To ensure sources don't slip through the cracks, South Dakota must not 

exempt modifications from its minor source/minor modification permitting requirements 

that are not otherwise subject to PSD. By subjecting such changes to minor 

source/minor modification permitting requirements, South Dakota can ensure that those 

85 Second Street; Second Floor San Francisco, CA 94105-3459 TEL: f415l 977-5500 FAX: f415l 977-5799 www.sierraclub.or2: • .-, .. 
• 

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Page 2 of4 

modifications that should be processed as major modifications under PSD do not escape 

unnoticed. In fact, EPA expects states' minor new source review permitting programs to 

fill in where the PSD permitting program allows for exemptions. See, e.g., 67 Fed.Reg. 

80204 (December 31, 2002) in which EPA stated "We anticipate that a large majority of 

the projects that are not major modifications may nonetheless be required to undergo a 

permit action through States' minor [new source review (NSR)] programs. In such cases, 

the minor NSR permitting procedures could provide an opportunity to ensure that your 

reviewing authority agrees with your emissions projections.") 

To ensure that the state has the ability to effectively carry out the PSD program as 

well as to assure that the state minor permitting program meets the Clean Air Act and 

federal regulatory requirements of ensuring attainment and maintenance of the NAAQS, 

South Dakota should repeal this definition in ARSD 74:36:01:20. 

If this provision is not deleted, the reference in ARSD 74:36:01 :20(5) to permit 

conditions established under 40 C.F.R. 52.21 or under 40 C.F.R. Part 51, Subpart I should 

not be limited to only those permit conditions established under the July 1, 2009 version 

of these rules. If hours of operation or production were limited by any permit issued 

under these federal regulations (not just the July 1, 2009 version), then an increase in 

hours or production must be considered a change in the method of operation. 

2. ARSD 74:36:04:03.01 Minor source operating permit variance . 

This provision appears to allow a source to obtain a variance from emission 

standards through a minor source operating permit. However, no variance from 

requirements of the state implementation plan (SIP) can be granted without a revision to 

the SIP that must be duly adopted by the state and approved by EPA. Therefore, this 

provision directly conflicts with Section 11 O(i) of the Clean Air Act. 

Further, the state carmot allow a variance from federal emission standards 

including the new source performance standards (NSPS), national emission standards for 

hazardous air pollutants (NESHAPs), or maximum achievable control technology 

(MACT) requirements. Those are federal program requirements for which South Dakota 

is delegated authority to implement, but South Dakota has no authority to allow a 

variance from those requirements. 

Given that the majority of South Dakota's emission standards are either part of 

the state's SIP-approved program or reflect federal emission standards for which South 

Dakota has been delegated authority to implement, South Dakota must repeal 

74:36:04:03.01 as inconsistent with the Clean Air Act. 

3. ARSD 74:36:05:04.01 Insignificant activities. 

South Dakota has proposed deleting the following sentence in ARSD 

74:36:05:04.0 1(7): "A unit may not be considered insignificant if a state or federal 

emission limit is applicable to the unit." South Dakota should not delete this sentence 
• 

• 

• 

Page 3 of4 

because any unit which has been deemed worthy of state or federal regulation cannot be 

considered as an insignificant activity and exempt from the Part 70 requirements. Given 

that the purpose of Part 70 operating permits is to include all requirements applicable to a 

source, emission units subject to state or federal requirements must be identified and 

included in the permit. 

4. ARSD 74:36:05:21.01 Department response to EPA objection. 

In this proposed rule change, South Dakota proposes to allow that permits revised 

in response to an EPA objection to an operating permit could be processed as an 

administrative amendment or a minor permit amendment, which would mean no public 

comment period would be provided. Changes to permits in response to an EPA objection 

must be considered significant permit changes subject to public review and comment. An 

EPA objection would only be issued because the permit fails to assure compliance with 

applicable requirements. Thus, all proposed revisions to address permit deficiencies 

identified by EPA in an objection must be subject to public review and comment, as has 

been required in South Dakota's Part 70 permit program for the past 15 years. 

5. ARSD 74:36:20:03 Construction permit exemption. 

In ARSD 74:36:20:03(1) and (2), we suggest changing these provisions to read "a 

nc\v source or modification required to obtain a permit under ... " ARSD 74:36:09 or 

74:36:10, for clarity . 

6. ARSD 74:36:20:04 Emission unit exemptions. 

This section exempts emission units with potential emissions less than 2 tons per 

year from construction permit requirements. The primary requirement of a construction 

permit under the proposed state program is ensuring compliance with ambient air quality 

standards. There could be a source with several emission units each with potential to 

emit less than 2 tons per year that individually may seem insignificant but collectively 

could impact compliance with the ambient air standards. Therefore, it is inappropriate to 

exempt any emission units from the state's construction permitting requirements if a 

source is otherwise subject to the state's construction permitting program. 

7. ARSD 74:36:20:05 Standard for issuance of construction permit. 

In ARSD 74:36:20:05, South Dakota should add to the end of the first sentence 

the [()!lowing: "or interfere with any control strategies ofthe South Dakota State 

Implementation Plan," pursuant to 40 C.F.R. §51.160(a)(l) . 
• 

• 

• 

Page 4 of4 

8. ARSD 74:36:20:07 Required contents of complete application for construction 

permit. 

This section must be revised to require projections of air emissions from the new 

source or modification as part of the air permit application. As currently written, this 

section does not seem to require any emissions estimates. 

9. ARSD 74:36:20:10 Time period for Department's recommendation. 

This provision allows the construction permit applicant to petition the Board of 

Minerals and Environment and obtain a contested case review of its permit application 

without waiting fbr the Department of Environment and Natural Resource's 

recommendation on the permit. However, the rules fail to provide for public notice and 

participation in the event the applicant does so. In such cases, the public should be 

allowed the same comment period and opportunity for appeal as when the Department 

issues a draft permit. Such provisions should be spelled out in the rules. 

10. ARSD 74:36:20:20 Construction permit does not exempt from other 

requirements. 

In this provision, the state must add a provision that issuance of a construction 

p.::rmit under ARSD 74:36:20 does not exempt a source from complying with applicable 

provisions of Gte SIP and any other requirements of state or federal law. See 40 C.F.R . 

§5 J.l60(a)(l) and §52.21 (r)(3). · 

Thank you for considering these comments. 

Sincerely, 

Elena Saxonhouse 

Staff Attorney 

Sierra Club Environmental Law Program 

(415) 977-5765 

elena.saxonhouse@sierraclub.org 

On behalf of Sierra Club 
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Excerpt of the 

Minutes from the 

Board of Minerals and Environment Meeting 

Matthew Environmental Education and Training Center 

523 East Capitol A venue 

Pierre, South Dakota 

Apri115, 2010 

10:00 a.m. CDT 

CALL TO ORDER AND ROLL CALL: The meeting was called to order by Chairman 

Richard C. Sweetman. He appointed Tim Johns as secretary pro tern. Mr. Johns declared 

that a quorum was present. 

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

Bob Duxbury, Glenn Blumhardt, Tim Johns, and Chuck Monson. 

BOARD MEMBERS ABSENT: Linda Hilde and Pete Bullene. 

OTHERS PRESENT: See attached attendance sheet. 

PUBLIC HEARING ON PROPOSED AMENDMENTS TO ARSD 74:36- AIR 

POLLUTION CONTROL PROGRAM: Chairman Sweetman opened the hearing at 10:15 

a.m.CDT. 

The purpose of the hearing was to consider the adoption and amendment of proposed rules 

numbered: 

74:36:01- revise sections 74:36:01:01,74:36:01:05,74:36:01:10,74:36:01:20, and add 

section 74:36:01:21; 

74:36:02- revise sections 74:36:02:02 through 74:36:02:05; 

74:36:03; 

74:36:04- revise sections 74:36:04:02, 74:36:04:03, 74:36:04:03.01, 74:36:04:04, 

74:36:04:06, 74:36:04:07, 74:36:04:09, 74:36:04:10, 74:36:04:12, 74:36:04:12.01, 

74:36:04:13, 74:36:04:15 through 74:36:04:18, 74:36:04:20, 74:36:04:20.01, 74:36:04:20.04, 

74:36:04:23,74:36:04:27,74:36:04:32, add section 74:36:04:02.01, and repeal 74:36:04:11; 

74:36:05 -revise sections 74:36:05:01, 74:36:05:02, 74:36:05:03, 74:36:05:04, 

74:36:05:04.01, 74:36:05:06 through 74:36:05:09, 74:36:05:12, 74:36:05:16.01, 74:36:05:17, 

74:36:05:18, 74:36:05:20.01, 74:36:05:20.03, 74:36:05:21.01, 74:36:05:28, 74:36:05:30, 

74:36:05:31,74:36:05:32,74:36:05:38,74:36:05:41,74:36:05:42,74:36:05:44,74:36:05:46, 

74:36:05:51, and repeal section 74:36:05:03.01; 
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Board of Minerals and Environment 

April15, 2010 

74:36:07- revise sections 74:36:07:01 through 74:36:07:07.01, 74:36:07:09, 74:36:07:10, 

74:36:07:12 through 74:36:07:22,74:36:07:23 through 74:36:07:28,74:36:07:31 through 

74:36:07:34, 74:36:07:36, 74:36:07:37, 74:36:07:39 through 74:36:07:46; 74:36:07:47 

through 74:36:07:76, 74:36:07:77 through 74:36:07:89, and add sections 74:36:07:22.01, 

74:36:07:46.01, 74:36:07:76.01 and 74:36:07:90; 

74:36:08- revise sections 74:36:08:01, 74:36:08:02, 74:36:08:02.01, 74:36:08:03 through 

74:36:08:102, and add sections 74:36:08:02.02, 74:36:08:02.03, 74:36:08:02.04, and 

74:36:08:103 through 74:36:08:121; 

74:36:09- revise sections 74:36:09:02 and 74:36:09:03; 

74:36:10- revise sections 74:36:10:02, 74:36:10:03.01, 74:36:10:05, 74:36:10:07 through 

74:36:10:10; 

74:36:11 -revise section 74:36:11:01; 

74:36:12- revise sections 74:36:12:01 and 74:36:12:03; 

74:36:13- revise sections 74:36:13:02, 74:36:13:03, 74:36:13:04, 74:36:13:06, 74:36:13:07, 

and 74:36:13:08; 

• 74:36:16; 

• 

74:36:18- revise section 74:36:18:10; 

74:36:19- repeal chapter; and 

74:36:20 - add new chapter. 

The effect of the proposed amendments will be to adopt revision to federal regulations. By 

adopting the proposed amendments, the South Dakota air pollution control program rules 

will continue to comply with the federal regulations, and South Dakota will maintain 

approval of its air quality program. EPA has passed several new federal standards that affect 

South Dakota since DENR last revised ARSD 74:36. The rules will be amended to include 

these new standards. 

South Dakota's Minor and Title V air quality operating permit programs are a combined 

construction and operating permit program. The rules are being amended to include a new 

construction permit program and amending the Minor and Title V air quality operating 

permit programs to remove the construction sections in these operating permit programs. 

Kyrik Rombough reported that in January 2010, which was prior to public notice, the 

proposed amendments and additions were sent to 17 entities for review. The entities 

included industry such as Otter Tail Power Company, Black Hills Corporation, and South 

Dakota State University; environmental groups such as the Sierra Club and Dakota Rural 

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Board of Minerals and Environment 

April15,2010 

Action; and other parties including Wind Cave National Park, Badlands National Park, and 

the Environmental Protection Agency (EPA). 

During the initial comment period the department received comments from four entities: 

EPA, Otter Tail Power Company, Advanced Bioenergy, and the National Park Service. 

The department reviewed those comments and made the appropriate changes to the proposed 

rules. Some of the comments called for additional clarification, so in addition to making the 

changes, the department also responded to the comments in its Statement of Basis. 

Mr. Rombough noted that the board was provided with the Statement of Basis prior to the 

hearing. 

Mr. Rombough reported that notice of the public hearing was published on March, 17, 2010, in 

the following newspapers: Aberdeen American News, Brookings Register, Huron Plainsman, 

Madison Daily Leader, Mitchell Daily Republic, Pierre Capital Journal, Rapid City Journal, 

Sioux Falls Argus Leader, Spearfish Black Hills Pioneer, Watertown Public Opinion, and 

Yankton Daily Press and Dakotan. Affidavits of Publication are on file at DENR. 

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

parties mailing list, which includes environmental groups, industry and other interested parties . 

Mr. Rombough noted that the only written comments the department received after the public 

notice were from the Sierra Club. During his presentation of proposed changes, Mr. Rombough 

addressed the comments submitted by the Sierra Club. 

The proposed rules were sent to the Bureau of Finance and Management and to the Legislative 

Research Council (LRC). LRC reviewed and approved the proposed amendments for form, 

style, and legality. LRC's changes were incorporated into the final version of the proposed rules. 

Mr. Rombough explained that the proposed changes could fall under five general categories: 1) 

basic clean up of the rules by updating definitions and references to those definitions, 2) updating 

the federal reference citation to the most current version of the code of federal regulation, which 

is July 1, 2009, 3) adopting authority to implement new federal regulations such as those that 

cover gas stations and auto body shops, 4) repeal the implementation of the federal mercury 

trading program for coal fired power plants because the courts vacated the underlining 

regulations, and 5) implement a construction permitting program. 

Mr. Rombough answered questions from the board. 

Responding to questions from the board, Mr. Rombough said at this time the application fee for a 

Title V Permit is $100.00. There is no charge for any other air permit applications. 

Richard George, Luff Exploration Company, stated that an air permit application fee in Montana 

is $5,000. 

Chairman Sweetman asked if it takes Legislative Action to change the fees. 

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Board of Minerals and Environment 

April15, 2010 

Mr. Rombough answered that the fees are addressed in the administrative rules. South Dakota 

Codified Law provides that an air fee cannot be more than $25 per ton. For example, South 

Dakota Codified Law was revised to allow an air fee of $40 per ton be charged to ethanol plants. 

Chairman Sweetman asked if the board can request a review of the fee structure. 

Brian Gustafson stated that state law only allows the department to charge fees to implement the 

Title V Program. The statute would have to be changed in order to do more than that. 

Responding to a question from Mr. Duxbury, Kyrik Rombough stated that DENR is required by 

the federal government to implement the Title V Program sufficient fees must be obtained to run 

the program. IfDENR does not obtain sufficient fees to run the program, the department has to 

increase the coverage to maintain the program or EPA would implement the program. The 

minor permit program is funded through a grant from EPA, which requires state match, and there 

are no fees paid in by industry. 

Chairman Sweetman asked that at the next board meeting staff give a presentation on all of the 

air quality fees. Chairman Sweetman noted that the Hyperion and Big Stone II hearings were 

very costly, and he would like to know what cost of those hearings were. 

Mr. Gustafson stated that staff is currently reviewing the Title V fees and is considering an 

increase in the fees to cover some of the department's costs. The gas stations and distribution 

centers can be covered by Title V fees because it is part of the Small Business Assistance 

Program. The main cost associated with the small business assistance program is outreach. 

Outreach consists primarily of informing small businesses about federal regulations that may 

affect them and help the small businesses understand the requirements, deadlines, and stay in 

compliance. Staff is currently reviewing the rules to determine what the fees need to be 

increased to in order to cover that. 

Chairman Sweetman requested public comments. No one offered public comments on the 

proposed amendments. 

Chairman Sweetman then requested board action. 

Motion by Johns, seconded by Monson, to adopt amendments to 74:36- Air Pollution 

Control Program, as presented. 

Lee McCahren said he is not in favor of putting the cost back on the guy that is filling his car 

up at the gas pump because he believes this is an awful imposition to inflict on the citizens of 

this state and they don't know about it. He said he wonders, when it comes down to your car 

at the gas pump and your dry cleaner, how many thousands of people this is going to affect. 

Mr. McCahren said there should be some input on these rules from industry, if they knew 

what was taking place. 

• Roxanne Giedd stated that a lot of these regulations already exist in federal law, they have 

already been adopted and they are already applicable. The main difference in terms of the 

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Board of Minerals and Environment 

Aprill5, 2010 

position of industry and the state making sure that we are the ones that enforces them is the 

cost of the enforcement action. If your local gas station has to do something and does not 

comply, if EPA hits them it is a $25,000 per day penalty and that fee increases with inflation. 

When the state does the enforcement action, it is $10,000 per day. 

Ms. Giedd noted that the department recognizes its obligation to go out and talk to the people 

who are regulated and work with them to some degree until they simply refuse to comply. 

Because of that it is better if the state is implementing these programs then if we leave it to 

EPA to do that. Ms. Giedd said she believes the Board of Minerals and Environment has 

consistently recognized that fact. 

Tim Johns said he would assume there is a reasonable basis for all of these emission 

standards, such as if the state does not continue to enforce the standards it will affect the 

quality of our lives. 

Mr. Rombough stated that Congress developed requirements in the Clean Air Act saying that 

EPA would develop the standards for hazardous air pollutants or toxic emissions such as 

benzene for a specific list of industries it just happens to be that gas stations and auto body 

shops on that list. 

Chuck Monson said while the state does have some control over the charge of the permits 

and the penalties, the state really has no control over the compliance standards . 

Mr. Rombough said the state has to meet those federal standards, and if not, EPA will come 

in and enforce them. 

Mr. Monson said there is not a lot of flexibility in the changes the staff is proposing today. 

Mr. Rombough said the state does have some flexibility regarding what is included in the 

construction permit but not the federal standards. 

Mr. McCahren asked when these federal standards were adopted. 

Mr. Rombough answered that the federal standards were adopted in 2008 or 2009. The 

compliance deadlines for gas stations and auto body shops is in early 2011. 

Chairman Sweetman requested a vote on the motion. 

The motion carried with Blumhardt, Johns, Landguth, Monson, and Sweetman voting yes, 

and McCahren and Duxbury voting no. 

Chairman Sweetman closed the hearing at 11 :45 a.m. CDT. 

5 
ATTENDANCE SHEET 

• 

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