,:~-)t"=.· " 

",:; t, !-~ I •. 

DEPARTMENT of ENVIRONMENT 

and NATURAL RESOURCES 

PMB 2020
 

JOE FOSS BUILDING
 

523 EAST CAPITOL
 

PIERRE, SOUTH DAKOTA 57501·3182
 

denr.sd.gov
 

.June 14,2010 

James B. Martin 

Regional Administrator 

U.S. Environmental Protection Agency, Region VIII 

1595 Wynkoop Street 

Denver, CO 80202-1129 

Dear Mr. Martin: 

The Secretary of the Department of Environment and Natural Resources (DENR) has been 

delegated by the Governor of South Dakota as his designee for the Air Quality Program in South 

Dakota. In that capacity, I am amending South Dakota's Air Quality Program. 

The Board of Minerals and Environment approved changes to South Dakota's Air Quality 

Program during a public hearing on April 15, 2010. The changes were approved by the Interim 

Rules Committee on June 8, 2010, and will become effective on June 28, 2010. ] have enclosed 

a copy of the changes which you should attach to EPA's current version of the Administrative 

Rules of South Dakota (ARSD) 74:36 and supporting documentation to demonstrate the rules 

were revised in accordance with South Dakota's procedures for adopting rules. In a few weeks, 

a copy of these finalized rules will be readily available on South Dakota's webpage at: 

http://legis.state.sd. us/rules/index .aspx 

DENR has and will continue to have adequate resources to implement and enforce South 

Dakota's Air Quality Program: I want to thank you in advance for your favorable consideration 

of these requests. Please contact Kyrik Rombough at (605) 773-315 I, if you have any questions. 

Steven M. Pirncr 

Secretary 

Enclosures 

" q , : I' 
PART V - PROCEDURE FOR ADOPTING PERMANENT RULES
 

Notice: 

Serve head of department with a copy of 

(I) admission of service (Form I); 

(2) authorization to proceed (Form 2); 

(3) proposed rules; and 

(4) materials incorporated by reference. 

SDCL 1-26-4(1 r 

Get written approval to proceed. SDCL 1-26-4(2) 

Service on Legislative Research Council (LRC) and Bureau 

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

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

before the hearing. 

SDCL 1-26-4(2) 

1-26-4(3) 

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

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

(2) notice of hearing; 

(3) fiscal note; 

(4) proposed rules - double spaced; 

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

secretary and authorization to proceed (Forms 1 and 2); 

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

reference. The materials will be returned after the review 

is complete; and 

(7) Small Business Impact Statement (Form 14) 

SDCL 1-26-4(2) 

Ifndes have a negative fiscal impact on local political 

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

South Dakota Municipal League, Associated School Boards 

of South Dakota, and South Dakota County Commissioners 

Association. 

SDCL ]-26-4.2 

Publish notice of hearing in a manner selected to notify 

persons likely to be affected; minimum legal test is publication 

of notice in at least three newspapers of general circulation in 

different parts of the state. 

SDCL 1-26-4.1 

Send notice to interested persons. SDCL 1-26-4.1 

Comment period: 

Accept comments from public and from LRC. SDCL 1-26-4(6) 

1-26-6.5 
Hold public hearing. If a board or commission has 

rule-making authority, a majority of thc board or 

commission must be present at the hearing. 

Keep comment period open for tcn days following hearing; 

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

commission, closc comment period at end of hearing unless 

hearing is specifically continued to take additional comments. 

Adoption process: 

Make changes in rules after consideration of commcnts 

by public; make LRC's recommended changes; changes 

must be within the scope of the notice. 

Have rules signed by the person or a majority of the 

body with the authority to adopt them (Form J 1). 

Serve Rules Committee with minutes of public hearing, 

complete record of written comments, and final draft 

of rules after hearing. 

Serve final draft of rules with Legislative Research Council 

and obtain signature of LRC approving the rules for 

legality and for form and style (Form 11). 

Appear an~ present rules to the Interim Rules 

Review Committee. 

Filing with Secretary of State: 

File a copy of Form II and original eertifieate Form 13, with the 

SDCL 1-26-4(4) 

SDCL 1-26-4(6) 

SDCL 1-26-4(4) 

1-26-4(7) 

J-26-6.5 

SDCL 1-26-6(2) 

SDCL 1-26-4(8) 

1-26-4.3 

1-26-6(1 ) 

SDCL 1-26-6(4) 

1-26-6.5 

1-26-6.6 

SDCL 1-26-1.2 

1-26-4(8) 

SDCL 1-26-4.3 

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

and minutes and final rules were served on the Rules Committee and if all 

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

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

the Secretary of State. 

1-26-6(I) 

1-26-6(5) 

Effective date: 

Rules are provisionally effective on the 20th day SDCL 1-26-6 

after filing with the Secretary of State. 

Rules are finally effective on July I after the next SDCL 1-26-6 

legislative session. 
PROCEDURE FOR ADOPTING PERMANENT RULES
 

Step 1 

Forms 1,2 

Serve proposed rules on department secretary 

Wait 15 days or get permission to continue 

Step 2 

Fom1s 3, 4, 5, 6, 14 

Serve rules, notice, fiscal notes, and impact 

statement on LRC and BFM 

No waiting period 

Step 3 

Forms 6, 7, 8, 9 

Publish notice of hearing and send 

notice to interested persons 

Wait 20 days 

Step 4 

Form 10 

Hold public hearing 

Wait 10 days unless the entity 

promulgating the rules is a board or 

a multiperson decision maker 

The times shown in the flow chart are 

the minimums established by SDCL 

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

must be accomplished in 75 days 

(SDCL 1-26-4.3). 

The form numbers in the chart 

correspond to forms on the following 

pages. Your agency must crcate all of 

these forms, with the cxception of 

Form 5 (BFM 50.10), the fiscal note, 

which is obtained from the Bureau 

of Finance and Management, and 

Form 8, affidavit of publication, 

which is provided by the newspapers 

publishing your notice. 

Keep the originals of all of these 

documents in your agency files except 

for Form 13, the certificatc, the I Step 5 

Form II original of which must be filed with
 

Adopt rules the Secretary of State. While it is not
 

No waiting period required by statute, the Secretary of 

State has requested that a copy of 

Step 6 

Forms f 1,12 

Submit final, adopted rules to LRC for 

approval signature. Send final rules 

and minutes of hearing to Rules Committee. 

Appear and present rules to the Committee 

Step 7 

Form 13 

File rules and certificate of compliance 

with Secretary of State 

Wait 20 days 

Form II be filed with the rules and 

the certificate (Step 7). 

A more detailed explanation of this 

entire process is contained in the 

Administrative Procedures Act, 

SDCL chapter 1-26. 

Rules arc effective 
Final Check List
 

Form Date Completed 

Admission of Service (Form 1) March 3, 2010 

Waiver of Waiting Period (Form 2) March 3, 2010 

LRC Admission of Service (Form 3) March 11,2010 

BFM Admission of Service (Form 4) March 11, 2010 

Fiscal Note (Form 5) March 3, 201 0 

Public Notice (Form 6) March 11, 2010 

Public Notice Letters (Form 7) March 11,2010 

Affidavit of Publication (Form 8) 

Aberdeen - March 15,2010 

Brookings ­ March 15, 2010 

Huron ­ March 16, 2010 

Madison - March 19,2010 

Mitchell - March 24, 2010 

Pierre - March 16, 2010 

Rapid City - March 17, 2010 

Sioux Falls - March 17,2010 

Spearfish - March 15,2010 

Watertown - March 15,2010 

Yankton - March 15,2010 

Interested Parties Affidavit (Form 9) March 12,2010 

BME Minutes (Form 10) April 15,2010 

BME Approval (Form 11) BME - April 15,2010 

LRC - June 8, 2010 

Interim Rules Admission of Service 

(Form 12) May 13,2010 

Certificate (Form 13) BNIE ­ April15, 2010 

Sec. of State - June 8,2010 

Small Business Impact (Form 14) March 3, 2010 
Message Page 1 of2 

Rombough, Kyrik 

-----.----------------­

From: Rombough, Kyrik 

Sent: Friday, January 22,201011:45 AM 

To: 'jim.margadant@sierraclub.org' 

Cc: Rombough, Kyrik 

Subject: Air Quality Rule Revisions 

January 22, 2010 

Mr. Jim Margadant
 

Black Hills Group Sierra Club
 

Dear Mr. Margadant 

-.


The Air Quality Program. within the South Dakota Department of Environment and Natural
 

(DENR) implements federal air quality programs to meet requirement under the Clean Air Act.
 

DENR implements those programs through the regulations established in Administrative Rules
 

of South Dakota (ARSD) Article 74:36 - Air Pollution Control Program. DENR is proposing to
 

revise ARSD Article 74:36. A summary ofthose proposed changes arc as follows:
 

I) Update the definitions associated with the air quality program to ensure the definitions 

are up-to-date and consistent with other chapters in the regulations; 

2) Revise the date of the reference to ensure the regulations reference the most current 

version of the federal regulations; 

3) Include additional federal New Source Performance Standards and National Emission 

Standards for Hazardous Air Pollutants that EPA has recently promulgated and/or South 

Dakota has not included in its regulations. 

4) Remove the Mercury Budget Trading Program because the underlying federal 

regulations were vacated by the court system and EPA no longer plans to pursue those 

regulations; 

5) Include a Construction permit program for new sources and modification to existing 

sources; and 

6) Revise the Minor and the Title V operating permit programs to incorporate the changes 

associated with the proposed Construction permit program. 

DENR is committed to working with citizens, industry, and other interested organizations to 

develop workable regulations that protect the environment and allow businesses the freedom to 

stay c0mpetitive. I have attached a copy ofthe proposed revisions for your review and 

comments. Words that have red and overstrikes represent deletions and blue, bold and 

underlined represent additions. Please send your comments on the draft revisions to me either by 

•


email atKyrik.Rombough@state.sd.us or by mail at the following address by February 12,
 

2010. 

South Dakota Department of Environment and Natural Resources 

Air Quality Program 

02/12/2010
 
Message Page 2 of2 

PM 2020
 

Joe Foss Building
 

523 East Capitol
 

Pierre, South Dakota 57501
 

DENR plans to publish a fonnal public notice toward the end of February 2010, announcing a rule 

hearing in front ofthe Board of Minerals and Environment in March 2010. Ifyou have any questions, 

please contact me at 605-773-3151. Thank you for assisting us in this rule making process. 

Sincerely, 

Kyrik Rombough 

Natural Resources Engineering Director 

Air Quality Program 

•
 

02/12/2010
 
Message Page 1 of2 

Rombough, Kyrik • 00 • 

.... From: Rombough, Kyrik 

Sent: Friday, January 22, 2010 11 :46 AM 

To: 'action@dakotarural.org' 

Cc: Rombough, Kyrik 

SUbject: Air Quality Rule Revisions 

January 22, 2010 

Ms. Dixie Hendricks 

Dakota Rural Action 

Dear Mr. Hendricks 

The Air Quality Program within the South Dakota Department of Environment and Natural 

(DENR) implements federal air quality programs to meet requirement under the Clean Air Act. 

DENR implements those programs through the regulations established in Administrative Rules 

of South Dakota (ARSD) Article 74:36 - Air Pollution Control Program. DENR is proposing to 

• revise ARSD Article 74:36. A summary ofthose proposed changes are as follows: 

1) Update the definitions associated with the air quality program to ensure the definitions 

are up-to-date and consistent with other chapters in the regulations; 

2) Revise the date ofthe reference to ensure the regulations reference the most current 

version ofthe federal regulations; 

3) Include additional federal New Source Performance Standards and National Emission 

Standards for Hazardous Air Pollutants that EPA has recently promulgated and/or South 

Dakota has not included in its regulations. 

4) Remove the Mercury Budget Trading Program because the underlying federal 

regulations were vacated by the court system and EPA no longer plans to pursue those 

regulations; 

5) Include a Construction permit program for new sources and modification to existing 

sources; and 

6) Revise the Minor and the Title V operating permit programs to incorporate the changes 

associated with the proposed Construction permit program. 

•

DENR is committed to working with citizens, industry, and other interested organizations to 

develop workable regulations that protect the environment and allow businesses the freedom to 

stay competitive. I have attached a copy ofthe proposed revisions for your review and 

comments. Words that have red and overstrikes represent deletions and blue, bold and 

underlined represent additions. Please send your comments on the draft revisions to me either by 

email atKyrik.Rombough@state.sd.us or by mail at the following address by February 12, 

2010. 

South Dakota Department of Environment and Natural Resources 

Air Quality Program 

02/12/2010
 
Message Page 20f2 

PM 2020
 

Joe Foss Building
 

523 East Capitol
 

Pierre, South Dakota 57501
 

DENR' plans to publish a formal public notice toward the end of February 2010; announcing a rule 

hearing in front ofthe Board of Minerals and Environment in March 2010. Ifyou have any questions, 

please contact me at 605-773-3151. Thank you for assisting us jn this rule making process. 

Sincerely, 

Kyrik. Rombough 

Natural Resources Engineering Director 

Air Quality Program 

•
 

•
 

02112/2010
 
Message Page 1 of2 

Rombough, Kyrik 

..-;~om: Rombough, Kyrik 

Sent: Friday, January 22, 2010 11:47 AM 

To: 'trogers@bh-corp.com' 

Cc: Rombough, Kyrik 

SUbject: Air Quality Rule Revisions 

January 22, 2010 

Mr. Tim Rogers 

Black Hills Corporation 

Dear Mr. Rogers 

The Air Quality Program within the South Dakota Department of Environment and Natural 

(DENR) implements federal air quality programs to meet requirement under the Clean Air Act. 

DENR implements those programs through the regulations established in Administrative Rules 

of South Dakota (ARSD) Article 74:36 - Air Pollution Control Program. DENR is proposing to 

revise ARSD Article 74:36. A summary ofthose proposed changes are as follows: 

1) Update the definitions associated with the air quality program to ensure the definitions 

are up-to-date and consistent with other chapters in the regulations; 

2) Revise the date of the reference to ensure the regulations reference the most current 

version of the federal regulations; 

3) Include additional federal New Source Perfonnance Standards and National Emission 

Standards for Hazardous Air Pollutants that EPA has recently promulgated and/or South 

Dakota has not included in its regulations. 

4) Remove the Mercury Budget Trading Program because the underlying federal 

regulations were vacated by the court system and EPA no longer plans to pursue those 

regulations; 

5) Include a Construction pennit program for new sources and modification to existing 

sources; and 

6) Revise the Minor and the Title V operating permit programs to incorporate the changes 

associated with the proposed Construction pennit program. 

DENR is committed to working with citizens, industry, and other interested organizations to 

develop workable regulations that protect the environment and allow businesses the freedom to 

•

. stay competitive. I have attached a copy of the proposed revisions for your review and 

comments. Words that have red and overstrikes represent deletions and blue, bold and 

underlined represent additions. Please send your comments on the draft revisions to me either by 

email atKyrik.Rombough@state.sd.us or by mail at the following address by February 12, 

2010. 

South Dakota Department ofEnvironment and Natural Resources 

Air Quality Program 

02/12/2010
 
Message Page 2 of2 

PM 2020
 

Joe Foss Building
 

523 East Capitol
 

Pierre, South Dakota 57501
 

DENR plans to publish a fonnal public notice toward the end ofFebruary 2010, announcing a rule 

hearing in front ofthe Board of Minerals and Environment in March 2010. Ifyou have any questions, 

please contact me at 605·773~3151. Thank you for assisting us in this rule making process. 

Sincerely, 

Kyrik Rombough 

Natural Resources Engineering Director 

Air Quality Program 

•
 

02/12/2010
 
Message Page 1 of2 

Rombough, Kyrik 

.. -;rom: Rombough, Kyrik 

Sent: Friday, January 22, 2010 11:47 AM 

To: 'gnelson@gcc.com' 

Cc: Rombough, Kyrik 

Subject: Air Quality Rule Revisions 

January 22, 2010 

Mr. Gene Nelson
 

GCC Dacotah Inc
 

Dear Mr. Nelson 

The Air Quality Program within the South Dakota Department ofEnvironment and Natural 

(DENR) implements federal air quality programs to meet requirement under the Clean Air Act. 

DENR implements those programs through the regulations established in Administrative Rules 

of South Dakota (ARSD) Article 74:36 - Air Pollution Control Program. DENR is proposing to 

revise ARSD Article 74:36. A summary ofthose proposed changes are as follows: 

I) Update the definitions associated with the air quality program to ensure the definitions 

are up-to-date and consistent with other chapters in the regulations; 

2) Revise the date of the reference to ensure the regulations reference the most current 

version of the federal regulations; 

3) Include additional federal New Source Performance Standards and National Emission 

Standards for Hazardous Air Pollutants that EPA has recently promulgated and/or South 

Dakota has not included in its regulations. 

4) Remove the Mercury Budget Trading Program because the underlying federal 

regulations were vacated by the court system and EPA no longer plans to pursue those 

regulations; 

5) Include a Construction pennit program for new sources and modification to existing 

sources; and 

6) Revise the Minor and the Title V operating permit programs to incorporate the changes 

associated with the proposed Construction permit program. 

DENR is committed to working with citizens, industry, and other interested organizations to 

develop workable regulations that protect the environment and allow businesses the freedom to 

stay competitive. I have attached a copy ofthe proposed revisions for your review and 

comments. Words that have red and overstrikes represent deletions and blue, bold and 

underlined represent additions. Please send your comments on the draft revisions to me either by 

•

email atKyrik.Rombough@state.sd.us or by mail at the following address by February 12, 

2010. 

South Dakota Department ofEnvironment and Natural Resources 

Air Quality Program 

02/12/2010
 
Message Page 2 of2 

PM 2020 

Joe Foss Building 

523 East Capitol 

Pierre, South Dakota 57501 • 

DENR plans to publish a fonnal public notice toward the end of February 2010, announcing a rule 

hearing in front of the Board of Minerals and Environment in March 2010. If you have any questions, 

please contact me at 605-773-3151. Thank you for assisting us in this rule making process. 

Sincerely, 

Kyrik Rombough 

Natural Resources Engineering Director 

Air Quality Program 

•
 

02/12/2010
 
Message Page 1 of2 

Rombough, Kyrik 

...From: Rombough, Kyrik 

Sent: Friday, January 22, 2010 11:47 AM 

To: 'tgraumann@otpco.com' 

Cc: Rombough, Kyrik 

Subject: Air Quality Rule Revisions 

January 22, 2010 

Mr. Terry Graumann 

Otter Tail Power Company 

Dear Mr. Graumann 

•

The Air Quality Program within the South Dakota Department of Environment and Natural 

(DENR) implements federal air quality programs to meet requirement under the Clean Air Act. 

DENR implements those programs through the regulations established in Administrative Rules 

of South Dakota (ARSD) Article 74:36 - Air Pollution Control Program. DENR is proposing to 

revise ARSD Article 74:36. A summary of those proposed changes are as follows: 

1) Update the definitions associated with the air quality program to ensure the definitions 

are up-ta-date and consistent with other chapters in the regulations; 

2) Revise the date of the reference to ensure the regulations reference the most current 

version of the federal regulations; 

3) Include additional federal New Source Performance Standards and National Emission 

Standards for Hazardous Air Pollutants that EPA has recently promulgated and/or South 

Dakota has not included in its regulations. 

4) Remove the Mercury Budget Trading Program because the underlying federal 

regulations were vacated by the court system and EPA no longer plans to pursue those 

regulations; . 

5) Include a Construction permit program for new sources and modification to existing 

sources;. and 

6) Revise the Minor and the Title V operating permit programs to incorporate the changes 

associated with the proposed Construction permit program. 

•

DENR is committed to working with citizens, industry, and other interested organizations to 

develop workable regulations that protect the environment and allow businesses the freedom to 

stay competitive. I have attached a copy ofthe proposed revisions for your review and 

comments. Words that have red and overstrikes represent deletions and blue, bold and 

underlined represent additions. Please send your comments on the draft revisions to me either by 

email atKyrik.Romboughrmstate.sd.us or by mail at the following address by February 12, 

2010. 

South Dakota Department of Environment and Natural Resources 

Air Quality Program 

02/12/2010
 
Message Page 2 of2 

PM 2020
 

Joe Foss Building
 

523 East Capitol
 

Pierre, South Dakota 57501
 

DENR plans to publish a fonnal public notice toward the end of February 2010, announcing a nile 

hearing in front of the Board ofMinerals and Environment in March 2010. If you have any questions, 

please contact me at 605-773-3151. Thank you for assisting us in this rule making process. 

Sincerely, 

Kyrik Rombough 

Natural Resources Engineering Director 

Air Quality Program 

•
 

02/12/2010
 
..

•
 

•
 

Message Page 1 of2 

Rombough, Kyrik 

-From: Rombough, Kyrik 

Sent: Friday, January 22,201011:47 AM 

To: 'DWiebers@petelien.com' 

Cc: Rombough, Kyrik 

Subject: Air Quality Rule Revisions 

January 22, 20 I0 

Ms. Danielle Wiebers 

Pete Lien and Sons Inc 

Dear Mr. Wiebers 

The Air Quality Program within the South Dakota Department of Environment and Natural 

(DENR) implements federal air quality programs to meet requirement under the Clean Air Act. 

DENR implements those programs through the regulations established in Administrative Rules 

of South Dakota (ARSD) Article 74:36 - Air Pollution Control Program. DENR is proposing to 

revise ARSD Article 74:36. A summary of those proposed changes are as follows: 

1) Update the definitions associated with the air quality program to ensure the definitions
 

are up-to-date and consistent with other chapters in the regulations;
 

2) Revise the date of the reference to ensure the regulations reference the most current
 

version of the federal regulations;
 

3) Include additional federal New Source Performance Standards and National Emission
 

Standards for Hazardous Air Pollutants that EPA has recently promulgated and/or South
 

Dakota has not included in its regulations.
 

4) Remove the Mercury Budget Trading Program because the underlying federal
 

regulations were vacated by the court system and EPA no longer plans to pursue those
 

regulations;
 

5) Include a Construction permit program for new sources and modification to existing
 

sources; and
 

6) Revise the Minor and the Title V operating permit programs to incorporate the changes
 

associated with the proposed Construction permit program.
 

DENR is committed to working with citizens, industry, and other interested organizations to 

develop workable regulations that protect the environment and allow businesses the freedom to 

stay competitive. I have attached a copy ofthe proposed revisions for your review and 

comments. Words that have red and overstrikes represent deletions and blue, bold and 

underlined represent additions. Please send your comments on the draft revisions to me either by 

email atKyrik.Rombough@state.sd.us or by mail at the following address by February 12, 

2010. 

South Dakota Department of Environment and Natural Resources
 

Air Quality Program .
 

02/12/2010
 
Message Page 2 of2 

PM 2020
 

Joe Foss Building
 

523 East Capitol
 

Pierre, South Dakota 57501
 

DENR plans to publish a fonnal public notice toward the end of February 2010, announcing a rule 

hearing in front of the Board of Minerals and Environment in March 2010. If you have any questions, 

please contact me at 605-773-3151. Thank you for assisting us in this rule making process. 

Sincerely, 

Kyrik Rombough 

Natural Resources Engineering Director 

Air Quality Program 

•
 

•
 

02/12/2010
 
Message Page lof2 

Rombough, Kyrik 

From: Rombough, Kyrik 

Sent: Friday, January 22,201011:47 AM 

To: 'arthur.t.zimmerman@xcelenergy.com' 

Cc: Rombough, Kyrik 

Subject: Air Quality Rule Revisions 

January 22, 2010 

Mr. Arthur Zimmerman
 

Xcel Energy
 

Dear Mr. Zimmerman 

The Air Quality Program within the South Dakota Department of Environment and Natural 

(DENR) implements federal air quality programs to meet requirement under the Clean Air Act. 

DENR implements those programs through the regulations established in Administrative Rules 

•

of South Dakota (ARSD) Article 74:36 - Air Pollution Control Program. DENR is proposing to 

revise ARSD Article 74:36. A summary of those proposed changes are as follows: 

1) Update the definitions associated with the air quality program to ensure the definitions 

are up-to-date and consistent with other chapters in the regulations; 

2) Revise the date of the reference to ensure the regulations reference the most current 

version of the federal regulations; 

3) Include additional federal New Source Performance Standards and National Emission 

Standards for Hazardous Air Pollutants that EPA has recently promulgated andlor South 

Dakota has not included in its regulations. 

4) Remove the Mercury Budget Trading Program because the underlying federal 

regulations were vacated by the court system and EPA no longer plans to pursue those 

regulations; 

5) Include a Construction permit program for new sources and modification to existing 

sources; and 

6) Revise the Minor and the Title V operating permit programs to incorporate the changes 

associated with the proposed Construction permit program. 

DENR is committed to working with citizens, industry, and other interested organizations to 

develop workable regulations that protect the environment and allow businesses the freedom to 

stay competitive. I have attached a copy of the proposed revisions for your review and 

comments. Words that have red and overstrikes represent deletions and blue, bold and 

underlined represent additions. Please send your comments on the draft revisions to me either by 

•


email atKyrik.Rombough@state.sd.us or by mail at the following address by February 12,
 

2010. 

South Dakota Department of Environment and Natural Resources 

Air Quality Program 

02112/2010
 
Message Page 2 of2 

PM 2020
 

Joe Foss Building
 

523 East Capitol
 

Pierre, South Dakota 57501
 

DENR plans to publish a fonnal public notice toward the end of February 2010, announcing a rule 

hearing in front of the Board of Minerals and Environment in March 2010. If you have any questions, 

please contact me at 605-773-3151. Thank you for assisting us in this rule making process. 

Sincerely, 

Kyrik Rombough 

Natural Resources Engineering Director 

Air Quality Program 

•
 

•
 

02/12/2010
 
Message Page lof2 

Rombough, Kyrik 

.. 

•
 

•
 

From: Rombough, Kyrik 

Sent: Friday, January 22, 201011:47 AM 

To: 'dennis.wagner@northwestern.com' 

Cc: Rombough, Kyrik 

SUbject: Air Quality Rule Revisions 

January 22, 2010 

Mr. Dennis Wagner 

NorthWestern Energy 

Dear Mr. Wagner 

The Air Quality Program within the South Dakota Department of Environment and Natural 

(DENR) implements federal air quality programs to meet requirement under the Clean Air Act. 

DENR implements those programs through the regulations established in Administrative Rules 

of South Dakota (ARSD) Article 74:36 - Air Pollution Control Program. DENR is proposing to 

revise ARSD Article 74:36. A summary ofthose proposed changes are as follows: 

1) Update the defmitions associated with the air quality program to ensure the definitions 

are up-to-date and consistent with other chapters in the regulations; 

2) Revise the date of the reference to ensure the regulations reference the most current 

version ofthe federal regulations; 

3) Include additional federal New Source Performance Standards and National Emission 

Standards for Hazardous Air Pollutants that EPA has recently promulgated and/or South 

Dakota has not included in its regulations. 

4) Remove the Mercury Budget Trading Program because the underlying federal 

regulations were vacated by the court system and EPA no longer plans to pursue those 

regulations; 

5) Include a Construction permit program for new sources and modification to existing 

sources; and 

6) Revise the Minor and the Title V operating permit programs to incorporate the changes 

associated with the proposed Construction permit program. 

DENR is committed to working with citizens, industry, and other interested organizations to 

develop workable regulations that protect the environment and allow businesses the freedom to 

stay competitive. I have attached a copy ofthe proposed revisions for your review and 

comments. Words that have red and overstrikes represent deletions and blue, bold and 

underlined represent additions. Please send your comments on the draft revisions to me either by 

email atKyrik.Rombough@state.sd.us or by mail at the following address by February 12, 

2010. 

South Dakota Department of Environment and Natural Resources 

Air Quality Program 

02/12/2010
 
Message Page 2 of2 

PM 2020
 

Joe Foss Building
 

523 East Capitol
 

Pierre, South Dakota 57501
 

DENR plans to publish a formal public notice toward the end ofFebruary 2010, announcing a rule 

hearing in front of the Board of Minerals and Environment in March 2010. Ifyou have any questions, 

please contact me at 605-773-3151. Thank you for assisting us in this rule making process. 

Sincerely, 

Kyrik Rombough 

Natural Resources Engineering Director 

Air Quality Program 

•
 

•
 

02/12/2010
 
Message Page 1 of2 

•

Rombough, Kyrik 

From: Rombough, Kyrik 

Sent: Friday, January 22,201011:47 AM 

To: 'pbendix@smihq.com' 

Cc: Rombough, Kyrik 

SUbject: Air Quality Rule Revisions 

January 22,2010 

Mr. Pete Bendix
 

Norcraft
 

Dear Mr. Bendix 

The Air Quality Program within the South Dakota Department of Environment and Natural 

(DENR) implements federal air quality programs to meet requirement under the Clean Air Act. 

DENR implements those programs through the regulations established in Administrative Rules 

•

of South Dakota (ARSD) Article 74:36 - Air Pollution Control Program. DENR is proposing to 

revise ARSD Article 74:36. A summary of those proposed changes are as follows: 

1) Update the definitions associated with the air quality program to ensure the definitions 

are up-to-date and consistent with other chapters in the regulations; 

2) Revise the date of the reference to ensure the regulations reference the most current 

version of the federal regulations; 

3) Include additional federal New Source Performance Standards and National Emission 

Standards for Hazardous Air Pollutants that EPA has recently promulgated and/or South 

Dakota has not included in its regulations. 

4) Remove the Mercury Budget Trading Program because the underlying federal 

regulations were vacated by the court system and EPA no longer plans to pursue those 

regulations; 

5) Include a Construction permit program for new sources and modification to existing 

sources; and 

6) Revise the Minor and the Title V operating permit programs to incorporate the changes 

associated with the proposed Construction permit program. 

DENR is committed to working with citizens, industry, and other interested organizations to 

develop workable regulations that protect the environment and allow businesses the freedom to 

stay competitive. I have attached a copy of the proposed revisions for your review and 

comments. Words that have red and overstrikes represent deletions and blue, bold and 

underlined represent additions. Please send your comments on the draft revisions to me either by 

• 

email atKyrik.Rombough@state.sd.us or by mail at the following address by February 12, 

2010. 

South Dakota Department of Environment and Natural Resources 

Air Quality Program 

02/12/2010
 
Message Page 2 of2 

PM 2020
 

Joe Foss Building
 

523 East Capitol
 

Pierre, South Dakota 57501
 

DENR plans to publish a fonnal public notice toward the end of February 2010, announcing a rule 

hearing in front of the Board of Minerals and Environment in March 2010. If you have any questions, 

please contact me at 605-773-3151. Thank you for assisting us in this rule making process. 

Sincerely, 

Kyrik Rombough 

Natural Resources Engineering Director 

Air Quality Program 

•
 

•
 

02/12/2010
 
Message Page 10f2 

Rombough, Kyrik 

From: Rombough, Kyrik 

Sent: Friday, January 22, 201011 :48 AM 

To: 'jlane@hgflp.com' 

Cc: Rombough, Kyrik 

Subject: Air Quality Rule Revisions 

January 22, 2010 

Mr. Jim Lane
 

Heartland Grain Fuels
 

Dear Mr. Lane 

The Air Quality Program within the South Dakota Department ofEnvironment and Natural 

(DENR) implements federal air quality programs to meet requirement under the Clean Air Act. 

DENR implements those programs through the regulations established in Administrative Rules 

•

of South Dakota (ARSD) Article 74:36 - Air Pollution Control Program. DENR is proposing to 

revise ARSD Article 74:36. A summary of those proposed changes are as follows: 

1) Update the definitions associated with the air quality program to ensure the definitions 

are up-to-date and consistent with other chapters in the regulations; 

2) Revise the date of the reference to ensure the regulations reference the most current 

version of the federal regulations; 

3) Include additional federal New Source Perfonnance Standards and National Emission 

Standards for Hazardous Air Pollutants that EPA has recently promulgated and/or South 

Dakota has not included in its regulations. 

4) Remove the Mercury Budget Trading Program because the underlying federal 

regulations were vacated by the court system and EPA no longer plans to pursue those 

regulations; 

5) Include a Construction pennit program for new sources and modification to existing 

sources; and 

6) Revise the Minor and the Title V operating permit programs to incorporate the changes 

associated with the proposed Construction pennit program. 

•

DENR is committed to working with citizens, industry, and other interested organizations to 

develop workable regulations that protect the environment and allow businesses the freedom to 

stay competitive. I have attached a copy ofthe proposed revisions for your review and 

comments. Words that have red and overstrikes represent deletions and blue, bold and 

underlined represent additions. Please send your comments on the draft revisions to me either by 

email atKyrik.Rombough@state.sd.us or by mail at the following address by February 12, 

2010. 

South Dakota Department of Environment and Natural Resources 

Air Quality Program 

02/12/2010
 
Message Page 2 of2 

PM 2020
 

Joe Foss Building
 

523 East Capitol
 

Pierre, South Dakota 57501
 

DENR plans to publish a formal public notice toward the end of February 2010, announcing a rule 

hearing in front of the Board ofMinerals and Environment in March 2010. If you have any questions, 

please contact me at 605-773-3151. Thank you for assisting us in this rule making process. 

Sincerely, 

Kyrik Rombough 

Natural Resources Engineering Director 

Air Quality Program 

•
 

•
 

02/12/2010
 
Message Page 1 of2 

Rombough, Kyrik 

... From: ROmbOU-9h-,-K-y-rik--­

Sent: Friday, January 22, 2010 11:48 AM 

To: FINN, LYNNE 

Cc: Rombough, Kyrik 

Subject: Air Quality Rule Revisions 

January 22,2010 

Ms. Lynne Finn 

SDSU 

Dear Mr. Finn 

•

The Air Quality Program within the South Dakota Department of Environment and Natural 

(DENR) implements federal air quality programs to meet requirement under the Clean Air Act. 

DENR implements those programs through the regulations established in Administrative Rules 

of South Dakota (ARSD) Article 74:36 - Air Pollution Control Program. DENR is proposing to 

revise ARSD Article 74:36. A summary ofthose proposed changes'are as follows: 

1) Update the definitions associated with the air quality program to ensure the definitions 

are up-to-date and consistent with other chapters in the regulations; 

2) Revise the date of the reference to ensure the regulations reference the most current 

version ofthe federal regulations; 

3) Include additional federal New Source Performance Standards and National Emission 

Standards for Hazardous Air Pollutants that EPA has recently promulgated andlor South 

Dakota has not included in its regulations. 

4) Remove thc Mcrcury Budget Trading Program because the underlying federal 

regulations were vacated by the court system and EPA no longer plans to pursue those 

regulations; 

5) Include a Construction permit program for new sources and modification to existing 

sources; and 

6) Revise the Minor and the Title V operating permit programs to incorporate the changes 

associated with the proposed Construction permit program. 

•

DENR is committed to working with citizens, industry, and other interested organizations to 

develop workable regulations that protect the environment and allow businesses the freedom to 

stay competitive. I have attached a copy ofthe proposed revisions for your review and 

comments. Words that have red and overstrikes represent deletions and blue, bold and 

underlined represent additions. Please send your comments on the draft revisions to me either by 

email atKyrik.Rombough@state.sd.us or by mail at the following address by February 12, 

2010. 

South Dakota Department ofEnvironment and Natural Resources 

Air Quality Program 

02/12/2010
 
Message Page 2 of2 

PM 2020
 

Joe Foss Building
 

523 East Capitol
 

Pierre, South Dakota 57501
 

DENR plans to publish a fonnal public notice toward the end of February 2010, announcing a rule 

hearing in front of the Board of Minerals and Environment in March 2010. If you have any questions, 

please contact me at 605-773-3151. Thank you for assisting us in this rule making process. 

Sincerely, 

Kyrik Rombough 

Natural Resources Engineering Director 

Air Quality Program 

•
 

•
 

02/12/2010
 
Message Page 1 of2 

Rombough, Kyrik .-------_._-_..­

.. 

•
 

•
 

From: Rombough, Kyrik 

Sent: Friday, January 22,201011:48 AM 

To: 'frank.hughes@augie.edu' 

Cc: Rombough, Kyrik 

Subject: Air Quality Rule Revisions 

January 22, 2010 

Mr. Frank Hughes 

Augustana 

Dear Mr. Hughes 

The Air Quality Program within the South Dakota Department of Environment and Natural 

(DENR) implements federal air quality programs to meet requirement under the Clean Air Act. 

DENR implements those programs through the regulations established in Administrative Rules 

of South Dakota (ARSD) Article 74:36 - Air Pollution Control Program. DENR is proposing to 

revise ARSD Article 74:36. A summary ofthose proposed changes are as follows: 

1) Update the definitions associated with the air quality program to ensure the definitions 

are up-to-date and consistent with other chapters in the regulations; 

2) Revise the date of the reference to ensure the regulations reference the most current 

version of the federal regulations; 

3) Include additional federal New Source Performance Standards and National Emission 

Standards for Hazardous Air Pollutants that EPA has recently promulgated and/or South 

Dakota has not included in its regulations. 

4) Remove the Mercury Budget Trading Program because the underlying federal 

regulations were vacated by the court system and EPA no longer plans to pursue those 

regulations; 

5) Include a Construction permit program for new sources and modification to existing 

sources; and 

6) Revise the Minor and the Title V operating permit programs to incorporate the changes 

associated with the proposed Construction permit program. 

DENR is committed to working with citizens, industry, and other interested organizations to 

develop workable regulations that protect the environment and allow businesses the freedom to 

stay competitive. I have attached a copy ofthe proposed revisions for your review and 

comments. Words that have red and overstrikes represent deletions and blue, bold and 

underlined represent additions. Please send your comments on the draft revisions to me either by 

email atKyrik.Rombough@state.sd.us or by mail at the following address by February 12, 

2010. 

South Dakota Department of Environment and Natural Resources 

Air Quality Program 

02/12/2010
 
Message Page 2 of2 

PM 2020 .
 

Joe Foss Building
 

523 East Capitol
 

Pierre, South Dakota 57501
 

DENR plans to publish a formal public notice toward the end of February 2010, announcing a rule 

hearing in front ofthe Board of Minerals and Environment in March 2010. Ifyou have any questions, 

please contact me at 605-773-3151. Thank you for assisting us in this rule making process. 

Sincerely, 

Kyrik Rombough 

Natural Resources Engineering Director 

Air Quality Program 

•
 

•
 

02/12/2010
 
• 

•
 

•
 

Message Page 1 of2 

Rombough, Kyrik 

From: ROmbOUg-h,-K-y-ri-k----------­

Sent: Friday, January 22, 2010 11:48AM 

To: 'dawna@sdp2ma-sdacs.com' 

Cc: Rombough, Kyrik 

SUbject: Air Quality Rule Revisions 

January 22, 2010 

Ms. Dawna Leitzke 

SD Petroleum Marketers Assoc 

Dear Mr. Leitzke 

The Air Quality Program within the South Dakota Department of Environment and Natural 

(DENR) implements federal air quality programs to meet requirement under the Clean Air Act. 

DENR implements those programs through the regulations established in Administrative Rules 

of South Dakota (ARSD) Article 74:36 - Air Pollution Control Program. DENR is proposing to 

revise ARSD Article 74:36. A summary of those proposed changes are as follows: 

1) Update the definitions associated with the air quality program to ensure the definitions
 

are up-to-date and consistent with other chapters in the regulations;
 

2) Revise the date of the reference to ensure the regulations reference the most current
 

version of the federal regulations;
 

3) Include additional federal New Source Performance Standards and National Emission
 

Standards for Hazardous Air Pollutants that EPA has recently promulgated and/or South
 

Dakota has not included in its regulations.
 

4) Remove the Mercury Budget Trading Program because the underlying federal
 

regulations were vacated by the court system and EPA no longer plans to pursue those
 

regulations;
 

5) Include a Construction permit program for new sources and modification to existing
 

sources; and
 

6) Revise the Minor and the Title V operating permit programs to incorporate the changes
 

associated with the proposed Construction permit program.
 

DENR is committed to working with citizens, industry, and other interested organizations to 

develop workable regulations that protect the environment and allow businesses the freedom to 

stay competitive. I have attached a copy ofthe proposed revisions for your review and 

comments. Words that have red and overstrikes represent deletions and blue, bold and 

underlined represent additions. Please send your comments on the draft revisions to me either by 

email atKyrik.Rombough@state.sd.us or by mail at the following address by February 12, 

2010. 

South Dakota Department of Environment and Natural Resources
 

Air Quality Program
 

02/12/2010
 
Message Page 2 of2 

PM 2020
 

Joe Foss Building
 

523 East Capitol
 

Pierre, South Dakota 57501
 

DENR plans to publish a formal public notice toward the end of February 2010, announcing a rule 

hearing in front of the Board of Minerals and Environment in March 2010. If you have any questions, 

please contact me at 605-773-3151. Thank you for assisting us in this rule making process. 

Sincerely, 

Kyrik Rombough 

Natural Resources Engineering Director 

Air Quality Program 

•
 

•
 

02/12/2010
 
• 

•
 

•
 

Message Page 1 of2 

Rombough, Kyrik 

-;r:~-:-R~mb-O-U9-.;~y-r-ik--

Sent: Friday, January 22,2010 11:48 AM 

To: 'steve@willardandassociates.com' 

Cc: Rombough, Kyrik 

Subject: Air Quality Rule Revisions 

January 22, 2010 

Mr. Steve Willard 

SD Electric Utility Company 

Dear Mr. Willard 

The Air Quality Program within the South Dakota Department of Environment and Natural 

(DENR) implements federal air quality programs to meet requirement under the Clean Air Act. 

DENR implements those programs through the regulations established in Administrative Rules 

of South Dakota (ARSD) Article 74:36 - Air Pollution Control Program. DENR is proposing to 

revise ARSD Article 74:36. A summary of those proposed changes are as foHows: 

1) Update the definitions associated with the air quality program to ensure the definitions
 

are up-to-date and consistent with other chapters in the regulations;
 

2) Revise the date of the reference to ensure the regulations reference the most current
 

version of the federal regulations;
 

3) Include additional federal New Source Perfonnance Standards and National Emission
 

Standards for Hazardous Air Pollutants that EPA has recently promulgated and/or South
 

Dakota has not included in its regulations.
 

4) Remove the Mercury Budget Trading Program because the underlying federal
 

regulations were vacated by the court system and EPA no longer plans to pursue those
 

regulations;
 

5) Include a Construction permit program for new sources and modification to existing
 

sources; and
 

6) Revise the Minor and the Title V operating pennit programs to incorporate the changes
 

associated with the proposed Construction permit program.
 

DENR is committed to working with citizens, industry, and other interested organizations to 

develop workable regulations that protect the environment and allow businesses the freedom to 

stay competitive. I have attached a copy of the proposed revisions for your review and 

comments. Words that have red and overstrikes represent deletions and blue, bold and 

underlined represent additions. Please send your comments on the draft revisions to me either by 

email atKyrik.Rombough@state.sd.us or by mail at the following address by February 12, 

2010. 

South Dakota Department of Environment and Natural Resources
 

Air Quality Program
 

02/12/2010
 
Message Page 2 of2 

PM 2020
 

Joe Foss Building
 

523 East Capitol
 

Pierre, South Dakota 57501
 

DENR plans to publish a formal public notice toward the end of February 2010, announcing a rule 

hearing in front ofthe Board of Minerals and Environment in March 2010. If you have any questions, 

please contact me at 605-773-3151. Thank you for assisting us in this rule making process. 

Sincerely, 

Kyrik Rombough 

Natural Resources Engineering Director 

Air Quality Program 

•
 

•
 

02/12/2010
 
Message Page 1 of2 

Rombough, Kyrik 

.. 

•
 

•
 

From: Rombough, Kyrik 

Sent: Friday, January 22, 2010 11 :48 AM 

To: 'Brian Kenner' 

Cc: Rombough, Kyrik 

SUbject: Air Quality Rule Revisions 

January 22, 2010 

Mr. Brian Kenner 

Badlands National Park 

Dear Mr. Kenner 

The Air Quality Program within the South Dakota Department of Environment and Natural 

(DENR) implements federal air quality programs to meet requirement under the Clean Air Act. 

DENR implements those programs through the regulations established in Administrative Rules 

of South Dakota (ARSD) Article 74:36 - Air Pollution Control Program. DENR is proposing to 

revise ARSD Article 74:36. A summary ofthose proposed changes are as follows: 

I) Update the definitions associated with the air quality program to ensure the definitions 

are up-to-date and consistent with other chapters in the regulations; 

2) Revise the date of the reference to ensure the regulations reference the most current 

version ofthe federal regulations; 

3) Include additional federal New Source Perfonnance Standards and National Emission 

Standards for Hazardous Air Pollutants that EPA has recently promulgated and/or South 

Dakota has not included in its regulations. 

4) Remove the Mercury Budget Trading Program because the underlying federal 

regulations were vacated by the court system and EPA no longer plans to pursue those 

regulations; 

5) Include a Construction pennit program for new sources and modification to existing 

sources; and 

6) Revise the Minpr and the Title V operating permit programs to incorporate the changes 

associated with the proposed Construction pennit program. 

DENR is committed to working with citizens, industry, and other interested organizations to 

develop workable regulations that protect the environment and allow businesses the freedom to 

stay competitive. I have attached a copy of the proposed revisions for your review and 

comments. Words that have red and overstrikes represent deletions and blue, bold and 

underlined represent additions. Please send your comments on the draft revisions to me either by 

email atKyrik.Rombough@state.sd.us or by mail at the following address by February 12, 

2010. 

South Dakota Department ofEnvironment and Natural Resources 

Air Quality ;Program 

02/12/2010
 
Message Page 2 of2 

PM 2020
 

Joe Foss Building
 

523 East Capitol
 

Pierre, South Dakota 57501
 

DENR plans to publish a formal public notice toward the end of February 2010, announcing a rule 

hearing in front of the Board of Minerals and Environment in March 2010. If you have any questions, 

please contact me at 605-773-3151. Thank you for assisting us in this rule making process. 

Sincerely, 

Kyrik Rombough 

Natural Resources Engineering Director 

Air Quality Program 

•
 

•
 

02/12/2010
 
Message Page 1 of2 

Rombough, Kyrik 

'From: ROmbOUgh-,-K-y-ri-k~--~~~~~--~~~~~~--~~~~~~~~~~~~~

Sent: Friday, January 22,201011:49 AM 

To: 'ken_hyde@nps.gov' 

Cc: Rombough, Kyrik 

Subject: Air Quality Rule Revisions 

January 22, 2010 

Mr. Ken Hyde 

Wind Cave National Park 

Dear Mr. Hyde 

•

The Air Quality Program within the South Dakota Department of Environment and Natural 

(DENR) implements federal air quality programs to meet requirement under the Clean Air Act. 

DENR implements those programs through the regulations established in Administrative Rules 

of South Dakota (ARSD) Article 74:36 - Air Pollution Control Program. DENR is proposing to 

revise ARSD Article 74:36. A summary of those proposed changes are as follows: 

1) Update the definitions associated with the air quality program to ensure the definitions 

are up-to-date and consistent with other chapters in the regulations; 

2) Revise the date of the reference to ensure the regulations reference the most current 

version of the federal regulations; 

3) Include additional federal New Source Performance Standards and National Emission 

Standards for Hazardous Air Pollutants that EPA has recently promulgated and/or South 

Dakota has not included in its regulations. 

4) Remove the Mercury Budget Trading Program because the underlying federal 

regulations were vacated by the court system and EPA no longer plans to pursue those 

regulations; 

5) Include a Construction permit program for new sources and modification to existing 

sources; and 

6) Revise the Minor and the Title V operating permit programs to incorporate the changes 

associated with the proposed Construction permit program. 

•

DENR is committed to working with citizens, industry, arid other interested organizations to 

develop workable regulations that protect the environment and allow businesses the freedom to 

stay competitive. I have attached a copy ofthe proposed revisions for your review and 

comments. Words that have red and overstrikes represent deletions and blue, bold and 

underlined represent additions. Please send your comments on the draft revisions to me either by 

email atKyrik.Rombough@state.sd.us or by mail at the following address by February 12, 

2010. 

South Dakota Department ofEnvironment and Natural Resources 

Air Quality Program 

02/12/2010
 
Message Page 2 of2 

PM 2020
 

Joe Foss Building
 

523 East Capitol
 

Pierre, South Dakota 57501
 

DENR plans to publish a formal public notice toward the end of February 2010, announcing a rule 

hearing in front ofthe Board of Minerals and Environplent in March 2010. If you have any questions, 

please contact me at 605-773-3151. Thank you for assisting us in this rule making process. 

Sincerely, 

Kyrik Rombough 

Natural Resources Engineering Director 

Air Quality Program 

•
 

•
 

02/12/2010
 
.. 

•
 

•
 

Message Page 1 of2 

Rombough, Kyrik 

From: ROmbOUgh,-K-y-ri-k-------------------­

Sent: Friday, January 22,201011:49 AM 

To: 'Laurel Dygowski'; 'Monica Morales ~'; 'platt.amy@epa.gov' 

Cc: Rombough, Kyrik 

Subject: Air Quality Rule Revisions 

January 22, 2010 

Ms. Laurel Dygowski 

Ms. Monica Morales 

Amy Platt 

EPA Region VIII 

Dear Mr. Dygowski 

The Air Quality Program within the South Dakota Department of Environment and Natural 

(DENR) implements federal air quality programs to meet requirement under the Clean Air Act. 

DENR implements those programs through the regulations established in Administrative Rules 

of South Dakota (ARSD) Article 74:36 - Air Pollution Control Program. DENR is proposing to 

revise ARSD Article 74:36. A summary of those proposed changes are as follows: 

1) Update the definitions associated with the air quality program to ensure the definitions
 

are up-to-date and consistent with other chapters in the regulations;
 

2) Revise the date of the reference to ensure the regulations reference the most current
 

version of the federal regulations;
 

3) Include additional federal New Source Performance Standards and National Emission
 

Standards for Hazardous Air Pollutants that EPA has recently promulgated andlor South
 

Dakota has not included in its regulations.
 

4) Remove the Mercury Budget Trading Program because the underlying federal
 

regulations were vacated by the court system and EPA no longer plans to pursue those
 

regulations;
 

5) Include a Construction permit program for new sources and modification to existing
 

sources; and
 

6) Revise the Minor and the Title V operating permit programs to incorporate the changes
 

associated with the proposed Construction pennit program.
 

DENR is committed to working with citizens, industry, and other interested organizations to 

develop workable regulations that protect the environment and allow businesses the freedom to 

stay competitive. I have attached a copy ofthe proposed revisions for your review and 

comments. Words that have red and overstrikes represent deletions and blue, bold and 

underlined represent additions. Please send your comments on the draft revisions to me either by 

email atKyrik.Rombough@state.sd.us or by mail at the following address by February 12, 

2010. 

02/12/2010
 
Message Page 2 of2 

South Dakota Department of Environment and Natural Resources
 

Air Quality Program
 

PM 2020
 

Joe Foss Building
 

523 East Capitol
 

Pierre, South Dakota 57501
 

DENR plans to publish a fonnal public notice toward the end of February 2010, announcing a rule 

hearing in front of the Board of Minerals and Environment in March 2010. If you have any questions, 

please contact me at 605-773-3151. Thank you for assisting us in this rule making process. 

Sincerely, 

Kyrik Rombough 

Natural Resources Engineering Director 

Air Quality Program 

•
 

•
 

02/12/2010
 
Rombough. Kyrik 

~m' John_Bunyak@nps.gov 

....nt: Thursday, February 11, 20106: 14 PM
 

To: Rombough, Kyrik
 

Cc: Brian_Kenner@nps.gov; Ken_Hyde@nps.gov; Susan_Johnson@nps.gov;
 

Don_Shepherd@nps.gov; David_Pohlman@nps.gov; Chris_Holbeck@nps.gov
 

Subject: Fw: Air Quality Rule Revisions
 

Kyrik: Brian Kenner (Badlands NP) and Ken Hyde (Wind Cave NP) forwarded your proposed 

revisions to the South Dakota Air Pollution Control Program rules to me for review. We 

appreciate the opportunity to provide comments in advance of your formal public review 

process. Because the revisions appear to be relatively straightforward and consistent 

with the Clean Air Act, we only have two comments at this time for your consideration: 

(1) We do not understand the basis for the minor source exemption levels (74:36:04:02.01 

and 74:36:05:04), but such sources are unlikely to create air quality issues for the NPS 

areas. 

(2) Regarding the removal of the. Mercury Budget Trading Program, NPS assumes the state 

wi.ll undergo a case-by-case Maximum Achievable Control Technology (MACT) analysis for new 

or modified major sources with mercury emissions, in accordance with section 112(j) of the 

Clean Air Act. 

•

We hope these comments are helpful as you finalize your rule revisions. If we have any 

follow-up comments, we will provide them during the upcoming formal public comment period. 

In the meantime, if you have any questions, please give Susan Johnson of my staff a call 

at (303) 987-6694. Thanks again. John . 

Forwarded by Brian Kenner/BADL/NPS on 01/22/2010 11:12 AM ----­

<Kyrik.Rombough@s
 

tate.sd.us>
 

To 

1/22/2010 10:49 <brian_kenner@nps.gov> 

AM cc 

Subject 

FW: Air Quality Rule Revisions 

•

-----Original Message----­


From: Rombough, Kyrik
 

Sent: Friday, January 22, 2010 11:48 AM
 

To: 'Brian Kenner'
 

Cc: Rombough, Kyrik
 

Subject: Air Quality Rule Revisions
 

January 22, 2010 

1 
Mr. Brian Kenner 

Badlands National Park 

Dear Mr. Kenner 

The Air Quality Program within the South Dakota Department of Environment and Natural 

(DENR) implements federal air quality programs to meet requirement under the Clean Air 

Act. DENR implements those programs through the regulations established in Administrative 

Rules of South Dakota 

(ARSD) Article 74:36 - Air Pollution Control Program. DENR is proposing to revise ARSD 

Article 74:36. A summary· of those proposed changes are as 

follows: 

1) Update the definitions associated with the air quality
 

program to ensure the definitions are up-to-date and consistent with
 

other chapters in the regulations;
 

2) Revise the date of the reference to ensure the regulations
 

reference the most current version of the federal regulations;
 

3) Include additional federal New Source Performance Standards
 

and National Emission Standards for Hazardous Air Pollutants that EPA
 

has recently promulgated and/or South Dakota has not included in its
 

regulations.
 

4) Remove the Mercury Budget Trading Program because the
 

underlying federal regulations were vacated by the court system and
 

EPA no longer plans to pursue those regulations;
 

5) Include a Construction permit program for new sources and
 

modification to existing sources; and
 

6) Revise the Minor and the Title V operating permit programs to
 

incorporate the changes associated with the proposed Construction
 

permit program. 

DENR is committed to working with citizens, industry, and other interested organizations 

to develop workable regulations that protect the environment and allow businesses the 

review 

freedom 

and 

to stay 

comments. 

competitive. 

Words that 

I have 

have 

attached 

red and overstrikes 

a copy of the 

represent 

proposed 

deletions 

revisions 

and 

for 

blue, 

your 

•

bold and underlined represent additions. Please send your comments on the draft revisions 

to me either by email at Kyrik.Rombough@state.sd.us or by mail at the following address by 

February 12, 2010. 

South Dakota Department of Environment and Natural Resources 

Air Quality Program 

PM 2020 

Joe Foss Building 

523 East Capitol 

Pierre, South Dakota 57501 

DENR plans to publish a formal public notice toward the end of February 2010, announcing a 

rule hearinq in fro, of the Board of Minerals and Environment in March 2010. If you have 

any questions, please contact me at 605-773-3151. Thank you for assisting us in this rule 

making process. 

Sincerely, 

Kyrik Rombough 

Natural Resources Engineering Director 

Air Quality Program[attachment "7436 Draft 2010l22.pdf" deleted by Ken Hyde/WICA/NPSj 

• 

2 
Page 1 of 1 

Rombough, Kyrik 

From: Jim Lane Uim.lane@advancedbioenergy.com] 

Sent: Wednesday, February 10, 2010 12:10 PM 

To: Rombough. Kyrik 

SUbJect: RE: Air Quality Rule Revisions 

The following is the only comment I have regarding the Air Quality Rule Revisions. Other than 

my comment here, it looks very similar to the Nebraska air regulations for acquiring fIrst a 

construction permit, then an operating permit after the source is in use. 

I question the elimination ofthe exemption for emergency generator units deleted under 

74:36:04:03. 

(7) An emergency electrical generator powered by petroleum products; [DELETED] 

Will there be clarifIcations to include a portable (or mobile) emergency generator, rented 

or leased for short durations, in the added changes [(2) A mobile internal combustion 

engine, including those in autos, trucks, tractors, airplanes, locomotives, and boats;]? If 

these generators will be added into the mobile category, a clarifIcation might be in order 

as to what constitutes an emergency generator losing the classifIcation of being mobile or 

portable. We have considered building a pad and installing panels to hook up a 

generator, but either maintain the mobility ofthe generator to be available for dispatch to 

other plants within the company as the need arises, or leasing/renting an emergency 

generator during the period of need only. 

Thank you,.
 

Jim Lane
 • 

Jim Lane email: jim.lane@advancedbioenergy.com
 

Regulatory Compliance Manager Ph (605) 226-9109. .
 

Heartland 

dGrain fuels. LLC Cell (605) 216-5012 !iDVANCED
 BIOfN.ERSYW' 

38469 133r St Aberdeen, SD 57401 Fax (605) 229·5744 '.
 

ABE Fairmont. LLC - Fairmont, NE www.advancedbioenergy.com
 

Heartland Grain Fuels, LLC - Aberdeen, SO • Heartland Grain Fuels, LLC - Huron. SO
 

•
 

02/] 2/20] 0
 
Message Page 1 of3 

Rombough, Kyrik 


 

•
 

•
 

From: TGraumann@otpco.com 

Sent: Monday, January 25, 20109:23 AM 

To: Rombough, Kyrik 

Cc: mthoma@otpco.com 

SUbject: RE: Air Quality Rule Revisions 

Mr. Rombough, 

Please excuse my informal response. I have included my suggested changes to the proposed revisions to 

ARSD Article 74:36 on the selected attached pages. 

My most significant concern is the proposed requirement to include prepared plans and specifications of 

any equipment or other facilities with the Application for a Construction Permit(74:36:20:07). 

Typically, prepared plans and specifications are not available in the early stages of project 

development at the time of filing the Application for a Construction Permit, particularly for a large 

project. General design information such as is requested in 74:36:20:07 (3) (e) is available and could be 

used to define the source and to craft applicable construction permit conditions. 

Please also consider adding a provision to ARSD 74:36:20:15 - Contents of Construction Permit that 

would allow for construction and operation of units that differ from the design described in the 

application without obtaining approval from the Secretary provided the final design does not 

significantly differ from the design described in the application and the final design would still 

demonstrate compliance with the National Ambient Air Quality Standards and PSD increments. The 

term "final design does not significantly differ" is limited to the physical parameters of the units, 

controls, and process such as the stack locations, stack heights, stack diameters, etc. The term does not 

include changes to emission limits, operational limits, record keeping requirements, reporting 

requirements, performance testing, etc. 

Thank you for the opportunity to comment. 

Terry 

Terry Graumann 

Terry Graumann 

Manager, Environmental Services 

Otter Tail Power Company 

P.O. Box 496 

215 S. Cascade 

Fergus FaJJs, MN 56538-0496 

Telephone: 218-739·8407 Fax: 218-739-8629 

E-Mail: tgraumann@otpco.com 

From: Kyrik. Rombough@state.sd.us [mailto: Kyrik.Rombough@state,sd.us] 

sent: Friday{ January 22{ 2010 11:47 AM 

To: Graumann{ Terry 

Cc: Kyrik.Rombough@state.sd.us 

Subject: Air Quality Rule Revisions 

02112/2010
 
Message Page 2 of3 

January 22, 2010 

Mr. Terry Graumann 

Otter Tail Power Company 

Dear Mr. Graumann 

The Air Quality Program within the South Dakota Department of Environment and Natural (DENR) 

implements federal air quality programs to meet requirement under the Clean Air Act. DENR 

implements those programs through the regulations established in Administrative Rules of South Dakota 

(ARSD) Article 74:36 - Air Pollution Control Program. DENR is proposing to revise ARSD Article 

74:36. A summary of those proposed changes are as follows: 

1) 

2) 

3) 

4) 

5) 

6) 

Update the definitions associated with the air quality program to ensure the definitions are up-todate and consistent with other chapters in the regulations; 

Revise the date of the reference to ensure the regulations reference the most current version of 

the federal regulations; 

Include additional federal New Source Perfonnance Standards and National Emission Standards 

for Hazardous Air Pollutants that EPA has recently promulgated and/or South Dakota has not 

included in its regulations. 

Remove the Mercury Budget Trading Program because the underlying federal regulations were 

vacated by the court system and EPA no longer plans to pursue those regulations; 

Include a Construction permit program for new sources and modification to existing sources; 

and 

Revise the Minor and the Title V operating permit programs to incorporate the changes 

associated with the proposed Construction pennit program. 

• 

DENR is committed to working with citizens, industry, and other interested organizations to develop 

workable regulations that protect the environment and allow businesses the freedom to stay 

competitive. I have attached a copy of the proposed revisions for your review and comments. Words 

that have red and overstrikes represent deletions and blue, bold and underlined represent additions. 

Please send your comments on the draft revisions to, me either by email atKyrik.Rombough@state.sd.us 

or by mail at the following address by February 12,2010.. 

South Dakota Department ofEnvironment and Natural Resources 

Air Quality Program 

PM 2020 

Joe Foss Building 

523 East Capitol 

Pierre, South Dakota 57501 

DENR plans to publish a fonnal public notice toward the end ofFebruary 2010, announcing a rule 

hearing in front of the Board of Minerals and Environment in March 2010. If you have any questions, 

please contact me at 605-773-3151. Thank you for assisting us in this rule making process. 

• 

Sincerely, 

02/12/2010 
Message Page 3 of3 

Kyrik Rombough
 

Natural Resources Engineering Director
 

Air Quality Program
 

•
 

•
 

02/12/2010
 
74:36:07:90 St'Hldards of pcrftmnunl:c !.br stationary spark ignition infcrnal combustion 

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

Romce performance standards are those in 40 C.r-.R. §§ 60.1 to 60.19, inclusive, (;k:I·f;HT~(·m(~

July I, 2(09). For the purposes of this chapter, "admillistrator" means the secretary o+:....t.·he 

EIeI')HFlIH0nl, except for those authorities which call1Iot be delegated to the state, in which case 

"administrator" means both the administl'ator of the Envil'Ollment,t1 Protection Agency and the 

secretary Of·l·h",'·"kplH'(lnenl, 

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

1989; 17 SDR 170, effective May 13, 1991; transferred frol11 § 74:26:08:43, 19 SDR 157, 

elTeclive April 22, 1993; 21 SDR 119, effective .1anllUi"y 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. 

Gencnll Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-I-18. 

74:36:07:02. St:lodan]s of performance for fossil fuel-fired steam generators. The 

standards ofperforrnance for tossil fuel-fired steam generators are those in 40 C.F.R. §§ 60.40 to 

60.46, inclusive, (:IlIly·l-;-2(-H-)() .Iuly 1, 2009). 

• 129 
Source: 33 SDR 217, effective June 13,2007.
 

General Autho,,-jty: SDCL 34A-I-6..
 

Law Implemented: SDCL 34A-I-l8,
 

74:36:07:90. Standards of p.erformance fur stntionurvspark ignition intel'ual 

e... nJ) /V/{:.$ 

combnstionttll bines. The standards of perIol'mance for stationary spark combustion turbines 

are (hose ill 40 CF.R. § 60 Subparl J.JJJ <July 1. 2009). A source subject to this subpali is 

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

LeJ1!Jir~d to Obt<lill ,Ll'art 70 operal.l.uR..permil 1'01' [l reason other ['han the sourec is subject to lhis 

subpa 1'1. 

Soul'ee: • 

General AlIthoJ'ity; SDCLJ4A-J-6. 

Law [ll1l>lemented:SDCL 34A-I.18. 

CHAPTER 74:36:08 

NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS 

Seclion 

74:36:08:00 Administrator defined. 

175 • 
• 

74:36:20:05. Standard for issuance of cOllstruction permit. A construction pellni! for a 

nev,,' SOll1'CC or moditicatlon [0 an existing source muy be issued only i[jjl!as b£cn sho~V:!l tbnl thc 

QReratiol\ of the new source or modification to an cxistillg source will not p'revent or interf'cre 

with the attainment or maintenlince of an applicahle national ambiellt air quality standard. 

Compliance witlUhis re.quirement as determined by air pollution dispersion modeling shall not 

be afleeted by stack height that exceeds good engineering practice or by any other dispersion 

technique as defined ill 40 C.P.R. § 51.100 Ch.lly I, 2009). Each ncwsourbe ormodification 10 an 

exi~!i!1g sourc.e mUfit comply with emission limits and other requirements of the act and Clean 

6ir Ayl. The conslruction permit must include reasonable conditiolls, iRGj~4iB:g..a~ibcl'cncc t-G-­

1?!tll1:; lind speeificulion". (0 assure compliance with the act, Clean Air Act. and any l)ther 

conel ilion::; iusti lied under SDCL 341-\-1- 19. 

SOllrce: 

Gencra I Authorit\': SI)('1, 34A-I-6, 34A-l-19, 34A-] -21. 

I,ll'" Illlplcmclltcd: SDCL 34A-I-21. 

74:36:20:06. Timely and complete application for a COl1st"UCtlOll permit ,'eguh·cd. A 

P"l;..l1!Q!L~bo constructs a new source or modification to an existing source required to have a 

COllst1'l1clion )crmit shall submit a com !ete a·. lication to the de artment' ~It least 180 da 'S 

~?iAt}t V/'I'. '5; 't:" 

bdorc the estimated date or commencinwtonstruction of the' nc\Vsourcc or 11l0dilicatioll to all 

•
 

~x isl ing sou reel An Ilpplication is complete j!' il meets the requirements in § 74:36:20:07.
 

So1I1'ce:
 

General Authority: SDCL 34A-I-6, 34.1-\-1-21.
 

Law Implemented: SDCL 34A.. J-21,
 

298 
74:36:20:07. Req nil'cd contents of complete application for a construction permit. An
 

application for a constl"llction permit for a new SO 1I rcc, or modification must submit the followin.g
 

inlonnation to be considered a complete applicatidn:
 

(l)	 The following general company intormation: 

(a)	 Thl:: company name and address or the plant name and addre.§.§_if ditTercnt from the 

company name;
 

lli) The owner's name and agent, and
 

(c) The nJant site manager or contillet. 

(2)	 A description of the plan! and its processes and products; 

(3)	 The following information on emissions:
 

U!.LldeI)JificJ!.ti9,lJ and description of all emission units;
 • 

(b)	 Fuels, fuel use, ra"" materials, and production rates; 

(c)	 Identilication and description of ail' pollution control equipment; 

{ill LiJ11itations 011 source operation affecting cmissionsor any work practice standards.
 

' ....here applicable, for all regulated air pollutants;
 

(e) Other in.formation required by ~11l)(. ugplicahle requirements, including information 

related to stack height limits, such as the location of emissions units. now rates, building 

dinH:nsions. ancl st<1ck. parameters, including height, diameter, and plume temperature, for all 

RollutalllsrcgllJated at the source: 

t±l::A: ((')1) Y ('!f :~my=prepftl~all.~ find. the s"ee-ificflLiett:r-6f-t»ty=€ftt'+!?fl-leflMrt'-t:tIJle-l'­

-lffetl-iti~w-Itieh-t1ffi·'t"ftfreeHt~ ree,ffi{,"httlfrtg-tlclht~61t-eet1tffl1 de vi ccs; 

299 • 
Rombough. Kyrik 

~m: Ajayi.Christopher@epamail.epa.gov 

"nt: Monday, February 22,20105:51 PM
 

To: Rombough, Kyrik
 

Cc: Daly.Carl@epamail.epa.gov; Laumann.Sara@epamail.epa.gov
 

Subject: Suggestions on Chapter 74:36:05 • Operating Permits for Part 70 Sources
 

Mr. Rombough, 

Per our discussion on Friday, February 19/ 2010, I am sending the recommended language we 

discussed about the addition to Part 70 sources rule at 74:36:05:08(2) on page 77 of your 

submittal. 

As already explained, we are concerned that a cursory reading of the addition 74:36:0~:OB

(2) may suggest that a Permittee needs only submit a complete application to department 

within 12 months after commencing operation of the emission unit involved with the 

modification. You explained satisfactory that is not the case and pointed to other parts 

where explicit references are made for the need for a construction permit as necessary. 

Nonetheless, we note that to prevent confusion in the future, the language should be 

revised as follows: 

74:36:05:0B(2) - A Part 70 source applying for a permit modification shall submit a 

complete application to the department within 12 after commencing operation of the 

emission units involved with the modification if the source has already complied with the 

modification requirements of 74:36:20 or 74:36:09 or 74:36:10." 

A different version of this language that makes it clear within this definition that the
 

~urce must have complied with construction permi~ requirements will be fine.
 

did not discuss this earlier but for consistency with Part 70 we would also like to
 

submit the following suggestion:
 

Page 102 - 74:36:05:31 - "Minor Permit Amendment" is inconsistent with Part 70 definition 

of a procedure defined by the same criteria as outlined in 74:36:05:35 on page 104. For 

consistency, this should be "Minor Permit Modification." The only Permit Amendment defi~ed

in Part 70 is 70.7(d) for "Administrative Permit Amendment." Please see the definition of 

permit modification and minor permit modification at 70.7 

(e) and 70.7 (e) (2) respectively. 

Let me know if you have any questions. 

Christopher Ajayi
 

Air Program (BP-AR)
 

U.S. EPA Region 8
 

1595 Wynkoop Street,
 

Denver, CO 80202-1129
 

phone: (303) 312 6320
 

fax: (303) 312 6064 

************************************************* 

• 

1 
Romboush. Kyrik 

~m'	 Dygowski. Laurel@epamail.epa.gov 

"nt: Monday, February 22,20104:31 PM
 

To: Rombough, Kyrik
 

Cc: Rombough, Kyrik
 

Subject: Re: FW: Air Quality Rule Revisions
 

.. '

11 ';~

7436 Draft 

l10122.pdf (698 KB
 

Kyrik:
 

Thanks for sending over the draft rule revisions and allowing EPA to comment on them and 

apologize for the delay. The following are the SIP folks' comments on the NSPS section 

and operating permits section. Please let me know if you have any questions or would like 

to discuss. 

•

Two items from our 9/3/09 delegation letter were not addressed,
 

specifically: (a) The citations referenced in ARSD 74:36:07:03
 

should be revised to clarify that the standards of performance for
 

electric utility steam generators are located at 40 CFR 60.40Da ­


60.52Da to be consistent with Federal requirements; and (b) The title
 

of ARSD 74:36:07:74 should be revised to clarify that volatile
 

organic compound emissions are addressed, since the term "VOe" is
 

used in the text of the regulation, but is not defined (the title in
 

the Table of Contents is worded correctly, but the title of the
 

section in the body of the regulations does not match) .
 

Also, as noted in our 9/3/09 delegation letter, there are instances
 

in South Dakota's regulations where the titles are altered,
 

abbreviated, or contained typographical errors, thereby differing
 

from the corresponding titles in the Federal NSPS regulations. In 

previous discussions with the State, we determined that SDDENR did 

not intend for any difference in applicability of the Federal NSPS in 

these instances, but we need to reiterate that a difference in title 

merits no difference in applicability 

The proposed regulation at 74:36:04:15(9) would allow for compliance
 

with either State law or the Clean Air Act. Compliance must be with
 

both State and Federal requirements, the "or" at the end of that
 

sentence must be "and". If the Clean Air Act is amended the State
 

law would then be less stringent.
 

Page 45 - 74:36:04:06 needs language that a minor source applying for
 

an initial operating permit has already complied with modification
 

requirements in 74:36:20:06. Similar to the Title V section, we could
 

just add to end of 74:36:04:06 a statement that " .... if the source
 

has already complied with the modification requirements of
 

74:36:20 ... " 

**** Note - New Mailing Address 

Laurel Dygowski
 

Regional Haze Coordinator
 

Air Quality Planning Unit
 

EPA - Region 8
 

95 Wynkoop Street
 

•	 enver, CO 80202-1129 

303-312-6144 

1 

I 
1------------> 

I From: I 

~~~~~~~~~~~~~:_---------------------------------------------------------------------------~ -------------------------------------------------1 

I<Kyrik.Rombough@state.sd.us> 

>----------------------------------------------------------------------------------------­ -------------------------------------------------1 

1------------> 

I To: I 

\------------> 

>----------~-----------------------------------------------------------------------------­ -------------------------------------------------1 

jLaurel Dygowski/RS/USEPA/US@EPA 

>----------------------------------------------------------------------------------------­ -------------------------------------------------1 

1------------> 

ICc: ) 

1------------> 

>----------------------------------------------------------------------------------------­ -------------------------------------------------1 

I<Kyrik.Rombough@state.sd.us> 

~============:===================================~----------------------------------------~
 I Date: I 

1------------> 

>--_._------------------------------------------------------------------------------------­ -------------------------------------------------1 

101/22/2010 10:50 AM 

>----------------------------------------------------------------------------------------­ -------------------------------------------------1 

1------------> 

I SUbject: I 

1------------> 

>----------------------------------------------------------------------------------------­ -------------------------------------------------1 

IFW: Air Quality Rule Revisions 

>----------------------------------------------------------------------------------------­ -------------------------------------------------1 

-----Original Message----­

From: Rombough, Kyrik 

Sent: Friday, January 22, 2010 11:49 AM 

Cc: 

To: 

Rombough, 

'Laurel Dygowski'; 

Kyrik 

'Monica Morales -' 'platt.amy@epa.gov' 

•

2 
Subject: Air Quality Rule Revisions 

~nuarY 22, 2010 

Ms. Laurel Dygowski
 

Ms. Monica Morales
 

Amy Platt
 

EPA Region VII I
 

Dear Mr. Dygowski 

The Air Quality Program within the South Dakota Department of Environment and Natural 

(DENR) implements federal air quality programs to meet requirement under the Clean Air 

Act. DENR implements those programs through the regulations established in Administrative 

Rules of South Dakota (ARSD) Article 74:36 - Air Pollution Control Program. DENR is 

proposing to revise ARSD Article 74:36. A summary of those proposed changes are as 

follows: 

• 

1) Update the definitions associated with the air quality
 

program to ensure the definitions are up-to-date and consistent
 

with other chapters in the regulations;
 

2) Revise the date of the reference to ensure the regulations
 

reference the most current version of the federal regulations;
 

3) Include additional federal New Source Performance
 

Standards and National Emission Standards for Hazardous Air
 

Pollutants that EPA has recently promulgated and/or South Dakota
 

has not included in its regulations .
 

4) Remove the Mercury Budget Trading Program because the
 

underlying federal regulations were vacated by the court system
 

and EPA no longer plans to pursue those regulations;
 

5) Include a Construction permit program for new sources and
 

modification to existing sources; and
 

6) Revise the Minor and the Title V operating permit programs
 

to incorporate the changes associated with the proposed
 

Construction permit program.
 

DENR is committed to working with citizens, industry, and other interested organizations 

to develop workable regulations that protect the environment and allow businesses the 

freedom to stay competitive. I have attached a copy of the proposed revisions for your 

review and comments. Words that have red and overstrikes represent deletions and blue, 

bold and underlined represent additions. Please send your comments on the draft revisions 

to me either by email at Kyrik.Rombough@state.sd.us or by mail at the following address by 

February 12, 2010. 

South Dakota Department of Environment and Natural Resources 

Air Quality Program 

PM 2020 

Joe Foss Building
 

523 East Capitol
 

Pierre, South Dakota 57501
 

DENR plans to publish a formal public notice toward the end of February 2010, announcing a 

rule hearing in front of the Board of Minerals and Environment in March 2010. If you have 

any questions, please contact me at 605-773-3151. Thank you for assisting us in this rule 

making proce.ss. 

enCerelY, 

Kyrik Rombough 

3 
Natural Resources Engineering Director
 

Air Quality PYogram(See attached file: 7436 Draft 2010122.pdf)
 

•
 

•
 

4 
IN THE MATTER OF THE 

PROMULGATION: OF ADMISSION OF SERVICE 

ADMINISTRATIVE RULES 

Personal service of 

(1)	 the Board of Minerals and Environment proposed amendments to article 74:36 by 

a.	 revising chapter 74:36:01 (e.g. revising sections 74:36:01:01, 74:36:01 :05, 

74:36:01:10,74:36:01:20, and adding section 74:36:01:21); 

b.	 revising chapter 74:36:02 (e.g. revising sections 74:36:02:02 through 

74:36:02:05); 

c.	 revising all of chapter 74:36:03; 

•
 

d. revising chapter 74:36:04 (e.g. revising 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, adding section 74:36:04:02.01, and repealing 

74:36:04: 11); 

e.	 revising chapter 74:36:05 (e.g. revising 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 repealing section 74:36:05:03.01); 

• 

f. revising chapter 74:36:07 (e.g. revising 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, 
l.J!l.L..'~_,2010.

epartment of Environment and Natural Resources 

1'9­ 3- da 

A
 

• 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 adding sections 74:36:07:22.01, 

74:36:07:46.01, 74:36:07:76.01 and 74:36:07:90); 

g.	 revising chapter 74:36:08 (e.g. revising sections 74:36:08:01, 74:36:08:02, 

74:36:08:02.01,74:36:08:03 through 74:36:08:102, and adding 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); 

h.	 revising chapter 74:36:09 (e.g. revising sections 74:36:09:02 and 74:36:09:03); 

L	 revising chapter 74:36:10 (e.g. revising sections 74:36:10:02, 74:36:10:03.01, 

74:36:10:05, 74:36: 10:07 through 74:36: 10:10) 

• j. revising chapter 74:36: 11 (e.g. revising section 74:36: 11 :01);
 

k. revising chapter 74:36:12 (e.g. revising sections 74:36:12:01 and 74:36:12:03);
 

1.	 revising chapter 74:36:13 (e.g. revising 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); 

m.	 revising all of chapter 74:36: 16; 

n.	 revising chapter 74:36: 18 (e.g. revising section 74:36: 18:10); 

o.	 repealing chapter 74:36: 19; and 

p.	 adding chapter 74:36:20; and 

(2) all materials incorporated by reference 

is admitted at Pierre, South Dakota, this 

• 
IN THE MATTER OF THE 

PROMULGATION OF WAIVER OF WAITING PERIOD 

ADMINISTRATIVE RULES 

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

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

proceeding with the promulgation of the Board of Minerals and Environment's proposed 

amendments to article 74:36 by 

a.	 revising chapter 74:36:01 (e.g. revising sections 74:36:01:01, 74:36:01:05, 74:36:01:10, 

74:36:01 :20, and adding section 74:36:01 :21); 

b.	 revising chapter 74:36:02 (e.g. revising sections 74:36:02:02 through 74:36:02:05); 

c.	 revising all of chapter 74:36:03; 

d. revising chapter 74:36:04 (e.g. revising 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, 

adding section 74:36:04:02.01, and repealing 74:36:04: 11); 

e.	 revising chapter 74:36:05 (e.g. revising 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: 16.0 1, 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 repealing section 

74:36:05 :03.01); 

• 

f. revising chapter 74:36:07 (e.g. revising 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 adding sections 74:36:07:22.01, 74:36:07:46.01, 74:36:07:76.01 and 

74:36:07:90); 

g.	 revising chapter 74:36:08 (e.g. revising sections 74:36:08:01, 74:36:08:02, 

74:36:08:02.01,74:36:08:03 through 74:36:08:102, and adding 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); 

h. revising chapter 74:36:09 (e.g. revising sections 74:36:09:02 and 74:36:09:03); 

1.	 revising chapter 74:36:10 (e.g. revising sections 74:36:10:02, 74:36:10:03.01, 

74:36: 10:05, 74:36: 10:07 through 74:36: 10: 10) 

j.	 revising chapter 74:36: 11 (e.g. revising section 74:36: 11 :01); 

• k. revising chapter 74:36: 12 (e.g. revising sections 74:36:12:01 and 74:36:12:03);
 

1. revising chapter 74:36:13 (e.g. revising sections 74:36:13:02, 74:36:13:03, 74:36:13:04,
 

74:36:13:06,74:36:13:07, and 74:36:13:0~);
 

ill. revising all of chapter 74:36:16;
 

n. revising chapter 74:36:18 (e.g. revising section 74:36:18:10);
 

o. repealing chapter 74:36: 19; and
 

p. adding chapter 74:36:20; and
 

Dated this ~Q day of_v!\4,-e.-l 

•
 
SMALL BUSINESS IMPACT STATEMENT FORM 

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

impact on sman businesses:
 

X Direct impact (please complete remainder ojform)
 

Most of the proposed rule revisions do not have a direct impact on a small business. 

However a few federal regulations that have been promulgated do have a direct impact on 

small business in South Dakota. DENR is proposing to include those federal regulations into 

Administrative Rules of South Dakota (ARSD) to allow South Dakota the authority to 

implement those rules instead of a federal agency out of Denver, Colorado. The specific 

rules are as follows: 

A.	 ARSD 74:36:08: 106 - National emission standards for gasoline distribution bulk 

terminals, bulk plants, and pipeline facilities; 

B. ARSD 74:36:08: 107 - National emission standards for gasoline dispensing facilities; and 

C.	 ARSD 74:36:08: 108 - National emission standards for paint stripping and miscellaneous 

surface coating area sources. 

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

Questions 2 through 8 do not need to be answered) 

• 

o No Impact (please provide a briefexplanation, sign, date, and submit form - Questions 2 

through 8 do not need to be answered) 

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

plain, easy to read language: 

A.	 ARSD 74:36:08: 106 - National emission standards for gasoline distribution bulk 

terminals, bulk plants, and pipeline facilities. 

This federal rule requires bulk gasoline terminals and pipeline stations to control air 

emissions from large storage tanks (greater than 20,000 gallons) by using either specified 

floating roofs and seals or a closed vent system and control device. Small storage tanks 

(less than 20,000 gallons capacity) must be covered. 

'The federal regulation requires that the air emissions from loading gasoline into trucks at 

terminals with gasoline throughputs above 250,000 gallons per day be reduced generally 

by using a closed vent system and control device. Those terminals with gasoline 

throughputs below 250,000 gallons per day must use submerged filling for the loading of 

gasoline into trucks. 

• 

The regulations also requires the implementation of a monthly equipment leak inspection 

at bulk tenninals, bulk plants, pipeline breakout stations, and pipeline pumping stations. 

This is accomplished by checking for leaks based on sight, sound, and smell of all 

equipment components in gasoline liquid or vapor service. All leaking equipment must 

be repaired within a specified time period. 
• 

EPA stated that because gasoline is either being recovered or prevented from evaporating 

that EPA estimates that these regulations overall would not cost the industry in the long 

run. 

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

The federal regulation requires all gas stations to conduct good management practices to 

check for and minimize the evaporation of gasoline. 

For those gas stations that sell more than 10,000 gallons per month, the gas station must 

also employ a submerged filling ofthe gasoline storage tanks. The submerged filling 

requirement is met by either bottom filling the storage tank or by using a fill pipe that 

extends to within a few inches of the bottom ofthe tank. 

For those gas stations that sell more than ]00,000 gallons per month, the gas station must 

also use vapor balancing control when filling the storage tank. 

EPA stated that because gasoline is either being recovered or prevented from evaporating 

that EPA estimates that these regulations overall would not cost the industry in the long 

run. 

• 

C. ARSD 74:36:08:108 - National emission standards for paint stripping and miscellaneous 

surface coating area sources. 

This federal regulation requires an autobody repair facility to implement good 

management practices to minimize the emission from paint stripping and painting 

operations. This includes but is not limited to operator training, painting within a spray 

booth, and routine maintenance. 

EPA estimates that the federal regulation will have no net annual cost because the initial 

cost of complying would be offset and recovered over time by the cost savings involved 

in the more efficient use of labor and paints. 

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

X ReqJlired to meet changes in federal law
 

o Required to meet changes in state law 

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

Other: _ 

4.	 Why is the rule(s) needed? 

Under the Clean Air Act, EPA was required to identify the hazardous air pollutants and sources 

of those pollutants that pose the greatest potential to a person's health. EPA listed both gas 

stations and autobody repair facilities on that list and recently promulgated these standards. 

• DENR is proposing to include these federal regulations into the Administrative Rules of South 

Dakota to allow South Dakota to implement and enforce the regulations instead ofdirectly by 

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

The rules would impact gas stations and autobody repair businesses. 

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

D 1-99 X 100-499 0 500-999 0 1,000-4,999 D More than 5,000 

o	 Unknown - please explain _ 

Based on the initial notifications submitted to DENR, approximately 250 gas stations and 50 

autobody repair facilities have stated that their business would be applicable to the standard 

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

X Yes CJ No 

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

A.	 ARSD 74:36:08: 106 - National emission standards for gasoline distribution bulk 

terminals, bulk plants, and pipeline facilities. 

The federal regulation requires semiannual compliance reports. 

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

• The federal regulation requires semiannual compliance reports for those facilities with a 

throughput greater than ]00,000 gallons per month. 

C. ARSD 74:36:08: 108 - National emission standards for paint stripping and miscellaneous 

surface coating area sources. 

The federal regulation requires an annual compliance report. 

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

A.	 ARSD 74:36:08: I06 - National emission"standards for gasoline distribution bulk 

terminals, bulk plants, and pipeline facilities. 

The federal regulation requires records of the leak detection and repair program, the 

maintenance and monitoring of any applicable control equipment, initial compliance 

report and the copy of the semiannual compliance reports. 

B.	 ARSD 74:36:08:] 07 - National emission standards for gasoline dispensing facilities. 

The federal regulation requires the compliance testing requirements for those facilities 

with a throughput greater than 100,000 gallons per month. 

• C. ARSD 74:36:08: 108 - National emission standards for paint stripping and miscellaneous 

surface coating area sources. 
----------------------------

• 

The federal regulation requires records of paint usage, operator training, use of a spray 

booth, initial compliance notification and annual compliance reports. 

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

records? 

X	 The average owner ofa small business should be able to complete the reports and/or 

records with no assistance 

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

reports and/or records 

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

complete the reports and/or records 

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

complete the reports and/or records 

o	 Other 

o	 Unknown - please explain _ 

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

fewer reports, less recordkeeping, lower penalties)? 

X No - please explain 

• 

This is a federal regulation. Both the gas stations and autobody repair facilities are required 

to meet these requirements regardless if DENR adopts these regulations. 

DYes - please explain 

'?_. 

Approved by: __ _ 

Secretary of the Department of Environment and Natural Resources 

Date: 

•
 
ADMINISTRATIVE PROCEDURES ACT
 

FISCAL NOTE
 

CODE NAME 

DEPARTMENT 20 Envirorunent and Natural Resources 

DIVISION 2 Envirorunental Services 

PROGRAM Air Quality 

PROPOSED RULE: Revisions to ARSD 74:36
 

Hearing Date: April 15, 2010
 

FISCAL IMPACT STATEMENT:
 

Brief description of fiscal impact: These rules have minimal impact to all entities. No
 

additional staffing or resources are needed.
 

FISCAL NOTE SUMMARY:
 

List state agencies oflocal governmental subdivisions affected: None
 

COST INCREASES (DECREASES) 

• 

State Agencies: . First-Year Impact Continuous-Yearly Impact 

TOTAL $0 $0 

Local Subdivisions: 

. , 

TOTAL $0 $0 

Small Business 

Increases (Decreases) 

TOTAL $0 $0 

REVENUE INCREASES (DECREASES)
 

Revenue Increases. (Decreases) 

State, Local & Small Business: 

TOTAL $0 $0 

'. APPROVED £-N'~' /~==,,~w~=' DATE ..... (- /

Signature Department Secretary 
.	, 

• IN THE MATTER OF THE 

PROMULGATION OF ADMISSION OF SERVICE 

ADMINISTRATIVE RULES 

Personal service of 

(l)	 The Board of Minerals and Environment proposed amendments to article 74:36 by 

a.	 revising chapter 74:36:01 (e.g. revising sections 74:36:01 :01, 74:36:01 :05, 

74:36:01:10,74:36:01:20, and adding section 74:36:01:21); 

b.	 revising chapter 74:36:02 (e.g. revising sections 74:36:02:02 through 

74:36:02:05); 

c.	 revising all of chapter 74:36:03; 

d. revising chapter 74:36:04 (e.g. revising 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, adding section 74:36:04:02.01, and repealing 

74:36:04: 11); 

e.	 revising chapter 74:36:05 (e.g. revising 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 :21.0 1, 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 repealing section 74:36:05:03.01); 

•
 
f.	 revising chapter 74:36:07 (e.g. revising 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 adding sections 

74:36:07:22.01, 74:36:07:46.01, 74:36:07:76.01 and 74:36:07:90); 

g.	 revising chapter 74:36:08 (e.g. revising sections 74:36:08:01, 74:36:08:02, 

74:36:08:02.01, 74:36:08:03 through 74:36:08: 102, and adding 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); 

h.	 revising chapter 74:36:09 (e.g. revising sections 74:36:09:02 and 74:36:09:03); 

• i. revising chapter 74:36:10 (e.g. revising sections 74:36:10:02, 74:36:10:03.01,
 

74:36: 10:05, 74:36: 10:07 through 74:36: 10:1 0)
 

j. revising chapter 74:36: 11 (e.g. revising section 74:36: 11 :OJ);
 

k. revising chapter 74:36:12 (e.g. revising sections 74:36:12:01 and 74:36:12:03);
 

1. revising chapter 74:36:13 (e.g. revising 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);
 

m. revising all of chapter 74:36: 16;
 

n. revising chapter 74:36:18 (e.g. revising section 74:36:18:10);
 

o. repealing chapter 74:36:19; and
 

p. adding chapter 74:36:20; and
 

(2) the notice of hearing,
 

(3) the fiscal note,
 • 
• (4) the Small Business Impact Statement, and 

(5) all materials incorporated by reference 

is admitted at Pierre, South Dakota, this ll-rl\ day of JY\a rc h. ,2010. \ 

For these rules, the Agency contact person is: Kyrik Rombough 

Phone Number: 605-773-5708 

• 

• 
IN THE MATTER OF THE 

PROMULGATION OF ADMISSION OF SERVICE 

ADMINISTRATIVE RULES 

Personal service of 

(1) The Board of Minerals and Envirorunent proposed amendments to article 74:36 by 

a.	 revising chapter 74:36:01 (e.g. revising sections 74:36:01:01, 74:36:01:05, 

74:36:01: 10, 74:36:01 :20, and adding section 74:36:01 :21); 

b.	 revising chapter 74:36:02 (e.g. revising sections 74:36:02:02 through 

74:36:02:05); 

c.	 revising all of chapter 74:36:03; 

d. revising chapter 74:36:04 (e.g. revising 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, adding section 74:36:04:02.01, and repealing 

74:36:04:11); 

c.	 revising chapter 74:36:05 (e.g. revising 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 repealing section 74:36:05:03.01); 

• 
• f. revising chapter 74:36:07 (e.g. revising 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 adding sections 

74:36:07:22.01, 74:36:07:46.01, 74:36:07:76.01 and 74:36:07:90); 

g.	 revising chapter 74:36:08 (e.g. revising sections 74:36:08:01, 74:36:08:02, 

74:36:08:02.01, 74:36:08:03 through 74:36:08:102, and adding 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); 

h.	 revising chapter 74:36:09 (e.g. revising sections 74:36:09:02 and 74:36:09:03); 

• i. revising chapter 74:36:10 (e.g. revising sections 74:36:10:02, 74:36:10:03.01,
 

74:36:10:05, 74:36:10:07 through 74:36:10:10)
 

j. revising chapter 74:36: 11 (e.g. revising section 74:36: 11 :01);
 

k. revising chapter 74:36: 12 (e.g. revising sections 74:36: 12:01 and 74:36: 12:03);
 

1.	 revising chapter 74:36: 13 (e.g. revising 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); 

m.	 revising all of chapter 74:36:16; 

n.	 revising chapter 74:36:18 (e.g. revising section 74:36:18:10); 

o.	 repealing chapter 74:36: 19; and 

p.	 adding chapter 74:36:20; and 

(2) the notice of hearing, 

• (3) the fiscal note, and 
(4) the Small Business Impact Statement Form 

is hereby admitted at Pierre, South Dakota, this ~ay of fv\.a!(ph.. ,2010. 

~~lhv~< Bureau of Finance and Management 

For these rules, the Agency contact person is: Kyrik Rombough 

Phone Number: 605-773-5708 

• 

• 

TABLE OF CONTENTS
 

Chapter Description Page
 

1.0 Background , , 1
 

2.0 Chapter 74:36:01 - De'fmitions 3
 

3.0 Chapters 74:36:02 - Ambient Air Quality and 74:36:03 - Air Quality Episodes 3
 

4.0 Chapter 74:36:04 - Operating Permits for Minor Sources 3
 

5.0 Chapter 74:36:05 - Operating Permits for Part 70 Sources 4
 

6.0 Chapter 74:36:07 - New Source Performance Standards 5
 

7.0 Chapter 74:36:08 - National Emission Standards for Hazardous Air Pollutants 5
 

8.0 Chapter 74:36:09 - Prevention of Significant Deterioration 6
 

9.0 Chapter 74:36:10 - New Source Review 7
 

10.0 Chapter 74:36:11- Performance Testing 7
 

• 11.0 Chapter 74:36:12 - Control of Visible Emissions 7
 

12.0 Chapter 74:36:13 - Continuous Emission Monitoring Systems 7
 

13.0 Chapter 74:36:16 - Acid Rain Program 7
 

14.0 Chapter 74:36:18 - Regulations for State Facilities in the Rapid City Area 7
 

15.0 Chapter 74:36:19 - Mercury Budget Trading Program 7
 

16.0 Chapter 74:36:20 - Construction Permits for New Sources or Modifications 8
 

17.0 Response to Initial Comments u 8


Appendix A Proposed Amendments to ARSD 74:36 - Air Pollution Control Program 

• 
• 1.0 Background 

The Air Quality Program within the South Dakota Department of Environment and Natural 

Resources (DENR) implements federal air quality programs to maintain the air quality in South 

Dakota in attainment with the federal National Ambient Air Quality Standards and meet other 

requirements under the federal Clean Air Act. There are several methods in which the U.S. 

Environmental Protection Agency (EPA) gives states approval to implement federal air quality 

programs. The more traditional method is for states to adopt rules and submit the state rules to 

EPA for implementation into what is called a state implementation plan (SIP). For this process, 

EPAreviews the state's rules to detennine ifthe rules are equivalent to the federal regulations 

and if the state's rules are equivalent, EPA approves the state's rules through a federal register 

notice. The following sections and chapters in the Administrative Rules of South Dakota 

(ARSD) are part of South Dakota's SIP: 

•	 Chapter 74:36:01 - Definitions; 

•	 Chapter 74:36:02 - Ambient air quality; 

•	 Chapter 74:36:03 - Air quality episodes; 

•	 Chapter 74:36:04 - Operating permits for minor sources, except section 74:36:04:03.01; 

•	 Chapter 74:36:06 - Regulated air pollutant emissions; 

•	 Section 74:36:07:08 - Ash disposal requirements; 

•
 

• Section 74:36:07:29 - Operating requirements for wire reclamation furnaces;
 

•	 Section 74:36:07:30 - Monitoring requirements for wire reclamation furnaces; 

•	 Chapter 74:36:09 - Prevention of Significant Deterioration program; 

•	 Chapter 74:36:10 - New source review; 

•	 Chapter 74:36: 11 - Performance testing; 

•	 Chapter 74:36: 12 - Control of visible emissions; 

•	 Chapter 74:36:13 - Continuous emission monitoring systems, except for section 

74:36:13:08; 

•	 Chapter 74:36: 17 - Rapid City street sanding and deicing; and 

•	 Chapter 74:36: 18 - Regulations for state facilities in the Rapid City area. 

Section 74:36;04:03.01 allows DENR to issue a variance to a minor source that is unable to meet 

a state emission limit. The variance allows the minor source to operate even though the state 

emission limit is being exceeded while the minor source makes changes to bring the operations 

back into compliance with the state emission limit. This section is not included in South 

Dakota's SIP because EPA will not approve variances in a SIP. 

Section 74:36;07:08 was implemented to ensure ash generated from municipal waste combustors 

are disposed of in accordance with article 74:27 - Solid Waste. There is no corresponding 

federal New Source Performance Standard. Therefore, DENR included this section in South 

Dakota's SIP. 

•
 Sections 74:36:07:29 and 74:36:07:30 was implemented to establish the operating and
 

monitoring requirements for wire reclamation furnaces to minimize air emissions from these 

operations. There are no federal regulations under the New Source Performance Standards that 
are applicable to wire reclamation furnaces. Therefore, DENR included these sections in South 

Dakota's SIP. 

Section 74:36:13:08 was implemented as part ofDENR's Title V air quality permit program and 

establishes the requirements for "Compliance Assurance Monitoring." This section is a part of 

DENR's approved Title V air quality operating permit program. 

A second method for administrating a federal air quality program is to request delegation ofthe 

program. The first step in requesting delegations is to adopt state rules that are equivalent to the 

federal regulations. The easiest method DENR has found to achieve this goal is to adopt the 

federal regulations by reference. The federal regulations delegated to DENR are located in the 

following chapters in ARSD: 

•	 Chapter 74:36:07 - New Source Performance Standards, except for section 74:36:07:08, 

74:36:07:29, and 74:36:07:30; 

•	 Chapter 74:36:08 - Maximum Achievable Control Technology Standards; and 

•	 Chapter 74:36:16 - Acid Rain program. 

• 

A third method for administrating a federal air quality program is to have the particular program 

approved. EPA established this method for the Title V air quality operating permit program. Just 

like the first two methods, the state must adopt rules equivalent to the federal program and 

submit the rules to EPA for approval. DENR developed an approved Title V air quality operating 

permit program, which is located in Chapter 74:36:05 and section 74:36:13:08. 

DENR is obligated by an agreement with EPA to adopt new federal regulations periodically to 

ensure the state's rules are equivalent to EPA's regulations. EPA has passed several new 

regulations and revised existing regulations that affect South Dakota since DENR last revised 

ARSD 74:36 in June 2007. As part ofthe proposed revisions, DENR will update article 74:36 to 

reflect new federal changes and make minor changes necessary to ensure the rules are equivalent 

to the federal regulations. 

Before DENR adopted its Title V air quality operating permit program, sources were required to 

obtain a construction permit before a new source could construct and an existing source could 

modiry its operations. In an effort to streamline the process DENR combined its construction 

permit program with the'Title V air quality operating permit program and with DENR's minor 

operating permit program. This worked well for many years by allowing DENR to issue air 

quality permits to new sources and existing sources in a timely manner. However, in recent years 

DENR has discovered that sources may be hampered by this process because a Title V air quality 

operating permit requires an EPA 45-day review period and the possibility that EPA or some 

other group may object to the issuance ofthe permit even though the pennit meets all of South 

Dakota's requirements in the SIP, New Source Performance Standards, Maximum Achievable 

Control Technology Standards, etc. In addition, EPA recently indicated they have legal concerns 

•
 

with South Dakota's combined construction and Title V air quality operating permit. Therefore,
 

DENR is separating its construction permit from both the minor air quality operating permit and 

Title V air quality operating permit program. 

2
 
• The proposed revisions to South Dakota's Air Pollution Control Program may be viewed in 

Appendix A. 

2.0 Chapter 74:36:01 - Definitions 

Periodically chapter 74:36:01 is reviewed to ensure all definitions are up~to-date and consistent 

with the other chapters in the Air Quality Program. DENR is proposing to revise this chapter to 

incorporate the following: 

1.	 Minor changes to this chapter are proposed such as deleting "Fixed capital cost," 

"Municipal-type solid waste," "Title II," "Title III," "Title VII," "Title VIII," "Title IX," 

"Title X," "Title XI," and "Unit," which are not being used in Article 74:36, correcting 

grammatical errors, and revising definition to specify ifthe word or phrase pertains to 

operating penuits, construction permits, or both; 

• 

2. The federal regulations have updated the definition for volatile organic compounds by 

adding additional compounds to the list of compounds that are not considered a volatile 

organic compound. In the past, DENR defined volatile organic compounds by listing 

those compounds EPA detennined did not participate in atmospheric photochemical 

reactions. DENR defined volatile organic compounds so the reader could easily 

detennine what compounds were not volatile organic compounds. Today, this definition 

is readily available on EPA's website and listing each compound is unnecessary. 

Therefore, this definition is being revised to reference the federal regulation; 

3.	 Several of the definitions reference a specific year ofthe federal regulations. These 

definitions are being revised to reflect the most current version of the federal reference; 

and 

4.	 Two new phrases are being defined in this chapter associated with the addition of a 

construction pennit program. The proposed definitions will define what constitutes a 

"construction pennit" and "commenced construction." 

3.0 Chapters 74:36:02 - Ambient Air Quality and 74:36:03 - Air Quality Episodes 

This chapter reference a specific year ofthe federal regulations. These references are being 

revised to reflect the most current version ofthe federal reference. 

4.0 Chapter 74:36:04 - Operating Permits for Minor Sources 

DENR is proposing to revise this chapter to incorporate the following: 

1.	 This chapter requires a permit to allow a minor source to construct and operate. The 

pennit covered both the construction and operation ofthe source. DENR is proposing a 

construction permit program. Therefore, this chapter needs only to cover the operation of 

• 

the source. The chapter is being revised to remove the references that a permit be 

obtained prior to construction or modification of an existing source. A new source or 

3 
source that is modifying its operations will be required to submit a permit application for 

an operating pennit within 12-months after commencing operation; 

2.	 DENR answers several questions a year involving the exemptions for the operating 

permits for minor sources. The exemptions in ARSD 74:36:04:03 is being separated into 

two proposed separate sections. The first section identifies the criteria for a business as a 

whole to meet before an operating permit is required. The second section identifies the 

emission units that are not required to be included in a minor permit; 

3.	 The types of exempt emission units are being revised. The subsections for each type of 

emission unit was compared to the insignificant activities associated with the Title V air 

quality operating permit program and adjusted so they were equivalent; 

4.	 One of the exemptions for an emission unit involves burning waste oil meeting the 

requirements of ARSD 74:28:27:01. This exemption does not distinguish between the 

size of equipment or the amount of air emissions generated. This exemption could be 

construed not to require a pennit for a boiler at a power plant. This section is being 

revised to delete this automatic exemption. The intention ofthis section was to exempt 

small businesses that bum waste oil for heat recovery. These types of small businesses 

would still meet one of the other noted exemptions; 

5.	 There are certain sections in this chapter that reference a specific year of the federal 

regulations. These references are being revised to reflect the most current version of the 

federal reference; and 

6.	 Section 74:36:04: II is being repealed since the main portion of this section is already 

stated in section 74:36:04: 10. • 5.0 Chapter 74:36:05 - Operating Permits for Part 70 Sources 

DENR is proposing to revise this chapter to incorporate the following: 

1.	 This chapter references a specific year ofthe federal regulations. These references are 

being revised to reflect the most current version ofthe federal reference; 

2.	 Section 74:36:05:03.01 identifies that sources required to obtain a PSD or NSR 

preconstruction permit in chapter 74:36:09 and 74:36:10, respectively, are required to 

apply for a Part 70 operating pennit within 12-months after commencing operation. 

DENR is repealing this section since it is being specified in section 74:36:05:08 - Timely 

and complete application for operating permit required; 

3.	 EPA has promulgated several federal regulations that are applicable to small sources of 

emissions such as emergency generators, gasoline stations, etc. These standards were 

promulgated under Sections III or 112 ofthe Clean Air Act. South Dakota had the 

option to require a Part 70 permit for any or all of those sources applicable to a standard 

promulgated underll1 or 112 ofthe Clean Air Act. In general, these regulations have 

basic recordkeeping and reporting requirements, are manufacturer based regulations, or 

do not have requirements for specific operations. The chapter is being revised to exempt 

these small sources applicable to these regulations from obtain a Part 70 permit; 

• 

4. This chapter requires a permit to allow a major source to construct and operate. The 

permit covered both the construction and operation ofthe source. DENR is proposing a 

construction pennit program. Therefore, this chapter needs only to cover the operation of 

4 
• the source. The chapter is being revised to remove the references that a permit be 

obtained prior to construction or modification of an existing source; and 

5. This permit program contains an EPA review period, where EPA may object to the permit 

proposed by DENR. ARSD 74:36:05:21.01 requires DENR to treat EPA's objection, 

including typographical changes, to the permit as a pennit modification. The permit 

program establishes three procedural methods to be used to revise the permit. This 

section is being revised to allow all three procedural methods, as applicable. 

6.0 Chapter 74:36:07 - New Source Performance Standards 

DENR is proposing to revise this chapter to incorporate the following: 

1.	 This chapter references a specific year of the federal regulations. These references are 

being revised to reflect the most current version ofthe federal reference; and 

2.	 EPA has passed several new regulations that affect South Dakota since DENR last 

revised ARSD 74:36 in June 2007. The chapter will be revised to include the following 

three standards that may be applicable to existing or new sources in South Dakota; 

a.	 ARSD 74:36:07:22.01 - Standards ofperfonnance for equipment leaks ofVOC in the 

synthetic organic chemicals manufacturing industry for which construction, 

reconstruction, or modification commenced after November 7, 2006; 

• 

b. ARSD 74:36:07:46.01 - Standards ofperfonnance for petroleum refineries for which 

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

c.	 ARSD 74:36:07:76.01 • Standards of performance for equipment leaks ofVOC in 

petroleum refineries; and 

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

combustion turbines. 

7.0 Chapter 74:36:08 - National Emission Standards for Hazardous Air Pollutants 

DENR is proposing to revise this chapter to incorporate the following: 

1.	 This chapter references a specific year ofthe federal regulations. These references are 

being revised to reflect the most current version of the federal reference; and 

2.	 EPA has passed several new regulations or have existing regulations that now do or may 

affect South Dakota since DENR last revised ARSD 74:36 in June 2007. The chapter 

will be revised to include the following standards 

a.	 ARSD 74:36:08:02.02 - Emission standards for benzene emissions from benzene 

storage vessels; 

b.	 ARSD 74:36:08:02.03 - Emission standards for benzene emissions from benzene 

transfer operations; 

c.	 ARSD 74:36:08:02.04 - Emission standards for benzene waste operations; 

d.	 ARSD 74:36:08:103 - National emission standards for hospital ethylene oxide 

•	 

sterilizers; 

e.	 ARSD 74:36:08:104 - National emission standards for electric arc furnace 

steelmaking facility area sources; 

5
 
f.	 ARSD 74:36:08:105 - National emission standards for iron and steel foundry area 

sources; 

g.	 ARSD 74:36:08:106 - National emission standards for gasoline distribution bulk 

tenninals, bulk plants, and pipeline facilities; 

h.	 ARSD 74:36:08: 107 - National emission standards for gasoline dispensing facilities; 

1.	 ARSD 74:36:08: 108 - National emission standards for paint stripping and 

miscellaneous surface coating area sources; 

J.	 ARSD 74:36:08: 109 - National emission standards for acrylic and modacrylic fiber 

production area sources; 

k.	 ARSD 74:36:08: 110 - National emission standards for carbon black production area 

sources; 

1.	 ARSD 74:36:08: III - National emission standards for chemical manufacturing area 

'sources - chromium compounds; 

m.	 ARSD 74:36:08:112 - National emission standards for flexible polyurethane foam 

production and fabrication area sources; 

n.	 ARSD 74:36:08:113 - National emission standards for lead acid battery 

manufacturing area sources; 

o.	 ARSD 74:36:08:114 • National emission standards for wood preserving area sources; 

p.	 ARSD 74:36:08: 115 - National emission standards for clay ceramic manufacturing 

area sources; 

• 

q. ARSD 74:36:08:116 - National emission standards for glass manufacturing area 

sources; 

r.	 ARSD 4:36:08: 117 - National emission standards for secondary nonferrous metal 

processing area sources; 

s.	 ARSD 74:36:08: 118 - National emission standards for plating and polishing area 

sources; 

1.	 ARSD 74:36:08:119 - National emission standards for nine metal fabrication and 

finishing area sources; 

u.	 ARSD 74:36:08:120 - National emission standards for ferroalloys production area 

sources; and 

v.	 ARSD 74:36:08:121 • National emission standards for aluminum, copper, and other 

nonferrous foundry area sources. 

3.	 ARSD 74:36:08:93 is a duplicate regulation of ARSD 74:36:08:35. ARSD 74:36:08:93 

was to cover polyurethane foam production facilities and not polyurethane foam 

fabrication facilities, which are covered by ARSD 74:36:08:35. This section will be 

revised to incorporate the appropriate type of facility. 

8.0 Chapter 74:36:09 - Prevention of Significant Deterioration 

This chapter reference a specific year of the federal regulations. These references are being 

revised to reflect the most current version ofthe federal reference. 

• 

6 
• 9.0 Chapter 74:36:10 - New Source Review 

This chapter reference a specific year ofthe federal regulations. These references are being 

revised to reflect the most current version ofthe federal reference. 

10.0 Chapter 74:36:11- Performance Testing 

This chapter reference a specific year of the federal regulations. These references are being 

revised to reflect the most current version ofthe federal reference. 

11.0 Chapter 74:36:12 - Control of Visible Emissions 

This chapter reference a specific year of the federal regulations. These references are being 

revised to reflect the most current version ofthe federal reference. 

12.0 Chapter 74:36:13 - Continuous Emission Monitoring Systems 

This chapter reference a specific year of the federal regulations. These references are being 

revised to reflect thc most current version of the federal reference. 

• 

13.0 Chapter 74:36:16 - Acid Rain Program 

This chapter reference a specific year of the federal regulations. These references are being 

revised to reflect the most current version of the federal reference. 

14.0 Chapter 74:36:18 - Regulations for State Facilities in the Rapid City Area. 

ARSD 74:36:18:10 requires the Tennessee Visual Emission Evaluation Method 1 be the test 

method used to determine compliance with the opacity requirement. The method is part of 

Tennessee's state implementation plan and is not directly listed in the code of federal regulations. 

Each year, DENR administers two certifications to meet Environmental Protection Agency's 

Method 9 requirements to measure opacity. The majority offederal regulations and state 

regulations require the opacity to be detennined using Environmental Protection Agency's 

Method 9. This section is being revised to require the Environmental Protection Agency's 

Method 9 to detennine compliance with the opacity requirement. 

15.0 Chapter 74:36:19 - Mercury Budget Trading Program. 

On March 15,2005, EPA promulgated the Clean Air Mercury Rule to pennanently cap and 

reduce mercury emissions from coal-fired power plants by approximately 70% nation-wide. In 

September 2006, South Dakota promulgated regulations to implement the Clean Air Mercury 

Rule. On February 8, 2008, the D.C. Circuit vacated EPA's rule removing power plants from the 

• 

Clean Air Act list of sources of hazardous air pollutants. At the same time, the Court vacated the 

Clean Air Mercury Rule. In February 2009, EPA asked the Supreme Court to dismiss its request 

7 
to have the Suprement Court review the D.C. Circuit Court's decision. Instead, EPA plans to 

develop mercury standards for power plants under a different portion of Clean Air Act. 

Since the underlying federal regualtions have been vacated by the court system and EPA no 

longer plans to pursue these types of regulations, South Dakota is removing this Chapter. 

16.0 Chapter 74:36:20 - Construction Permits for New Sources or Modifications. 

In calendar year 2004, EPA reviewed South Dakota's Title V permitting program. On September 

19, 2006, EPA finalized and submitted a copy ofits report to DENR. In the report, EPA 

identified a concern that permits issued under South Dakota's Title V permitting program, which 

is a combined construction and operational pennitting program, could expire. As such, 

conditions developed because of the construction activities could be voided, superseded, or 

replaced by future Title V permits. EPA's concern is that conditions in construction permits 

should be independently enforceable under Title I of the Clean Air Act. 

Even though DENR disagrees with EPA's concern on our Title V permitting program, DENR is 

proposing it construction pennitting program to eliminate the confusion on which conditions are 

due to construction of a facility and which ones are associated with the operations. 

• 

The construction pennitting program will follow a similar process as the permitting under the 

minor permitting and Title V permitting programs. The construction permitting program will 

require an application, a review of that application will be conducted, a draft pennit will be 

prepared, the public will be given an opportunity to comment on the draft pennit and application, 

DENR will review any comments received and make a final permit decision, and the public will 

be given an opportunity to contest DENR's final pennit decision, which will be heard by the 

Board of Minerals and Environment. 

17.0 Response to Initial Comments 

During January 2010, DENR emailed the proposed changes to 17 different organizations that 

include EPA Region VIII, Badlands National Park, Wind Cave National Park, industry, and 

environmental groups for initial comments. A summary of the comments received and DENR's 

responses follows: 

1.	 Comment: " ... question the elimination of the exemption for emergency generators units 

deleted under 74:36:04:03." 

Response: EPA promulgated federal regulations under the New Source Performance 

Standards that are applicable to new emergency generators. The federal regulations 

establish requirements for the manufacturers and owners of these new emergency 

generators. An emergency generator can not be considered an insignificant activity if a 

• 

federal requirement is applicable. In addition, by removing the exemption for emergency 

generators, DENR is being consistent between the Minor air quality permit program and 

the Title V air quality permit program. Even though we are removing the exemption, an 

8 
• emergency generator may still not require a minor air quality pennit ifthe potential 

emissions from the facility is less than or equal to 25 tons per year (ARSD 

74:36:04:02.01(1)). However, a new emergency generator would still have to meet the 

requirements of the federal regulation. DENR considered the comment; but did not 

propose any changes to the draft rule revisions. 

2.	 Comment:"...what constitutes an emergency generator losing the classification of being 

mobile or portable?" 

Response: The question or concern appears to center around when a nonroad engine 

such as a portable emergency generator becomes a stationary source and would be 

covered by one ofthe permit programs. Section 216(10) ofthe Clean Air Act defines a 

"nonroad engine" as an internal combustion engine that is not used in a motor vehicle or a 

vehicle used solely for competition or that is not subject to standards promulgated under 

section III (New Source Perfonnance Standards) or 202 (mobile sources) of the federal 

Clean Air Act. A more specific definition of a nonroad engine is outlined in 40 CFR § 

• 

89.2. It not only states what a nonroad engine is but also specifies when an intemal 

combustion engine is no longer a nonroad engine and becomes a pennitted unit. It states 

that an internal combustion engine is not a nonroad engine ifthe engine remains or will 

remain at a location for more than 12 consecutive months or a shorter period of time for 

an engine located at a seasonal source. 

A portable emergency generator is generally an internal combustion engine located on a 

trailer and is not subject to section 111 or 202 of the federal Clean Air Act. Therefore, a 

portable emergency generatoris considered a nonroad engine and not subject to 

pennitting. This was more of a question and did not request any changes to the draft rule 

revisions. 

3.	 Comment: " ...do not understand the basis for the minor source exemption levels 

(74:3604:02.01 and 74:36:05:04) ... " 

Response: The exemptions noted in ARSD 74:36:05 :04 are based on the federal 

regulations. 40 CFR 70.3(b)(4) notes that a source subject to the Standards of 

Performance for New Residential Wood Heaters and Standard for Demolition and 

Renovation are not required to obtain a Title V air quality operating permit. The 

exemptions noted in ARSD 74:36:04:02.01 are not new exemptions. These exemptions 

were originally part ARSD 74:36:04:03. These exemptions were developed for sources 

that were considered to have a negligible impact to air quality in South Dakota. DENR 

considered the comment; but did not propose any changes to the draft rule revisions. 

4.	 Comment: "Regarding the removal ofthe Mercury Budget Trading Program... assume 

the state will undergo a case-by-case MACT analysis for new or modified major sources 

• 

with mercury emissions, in accordance with section 112(j) ofthe Clean Air Act." 

9 
Response: DENR will follow the regulations that are in affect at the time a new source 

or a modified source submits its application. For sources that construct or reconstruct a 

major source of hazardous air pollutants and is not being regulated by a current standard 

such as the maximum available control technology standards established in 40 CFR Part 

63, DENR will follow the requirements for section 112(g) of the Clean Air Act for new 

or modified sources that is outlined in 40 CFR §§ 63.40 through 63.44 (ARSD 

74:36:08:03.01). The requirements implemented in section 1120) ofthe Clean Air Act 

are established in 40 CFR §§ 63.50 through 63.56 (ARSD 74:36:08:03.01) and are for 

existing sources that EPA has failed to promulgate a standard by its established deadline. 

DENR considered the comment; but did not propose any changes to the draft rule 

revisions. 

5.	 Comment:" .. .concern is the proposed requirement to include prepared plans and 

specification of any equipment or other facilities with application for a construction 

permit...prepared plans and specification are not available in the early stages ofproject 

development... " 

• 

Response: DENR agrees that for large projects, prepared plans and specifications are 

not available at the time an application is required prior to construction. Therefore, 

DENR agrees to revise the language in ARSD 74:36:20:07(4), by adding "If available" at 

the beginning of the subsection. This revision will require plans and specifications to be 

submitted only ifthey are available. 

6.	 Comment:".. .add language "actual on-site" to Administrative Rule of South Dakota 

74:36:20:06." 

Response: The term "actual on-site" is used as part ofthe definition for commenced 

construction in ARSD 74:36:01 :21. Therefore, this language is already incorporated into 

the suggested section by the definition of commenced construction. DENR considered 

the comment; but did not propose any changes to the draft rule revisions. 

7.	 Comment:" ... consider adding a provision... contents of construction permit that would 

allow for construction and operation of units that differ from the design described in the 

application without obtaining approval from the Secretary provided the final design does 

not significantly differ from the design described in the application and the final design 

would still demonstrate compliance with the National Ambient Air Quality Standards and 

PSD increments... " 

Response: DENR believes this request is best suited for the case~by-case review of the 

application for the min()r or Title V air quality operating permit, whichever is applicable. 

During this review, DENR can determine ifthe actual construction differed and if so, is it 

significant enough to warrant operational limits or requirement more restrictive than the 

• 

construction permit. DENR considered the comment; but did not propose any changes to 

the draft rule revisions. 

10 
• 8. Verbal Comment: " ...can not exempt Subparts EEEEEE, FFFFFF, GGGGGG, 

YYYYY, MMMMMM, and SSSSSS from obtaining a Title V pennit." 

Response: Some of the area source hazardous air pollutant regulations allow a source to 

be exempt from the obligation to obtain a Part 70 operating permit while others are 

required to obtain a Part 70 operating pennit. In accordance with 40 CFR §§ 63.II146(d) 

(Subpart EEEEEE), 63.1 1153(d) (Subpart FFFFFF), 63.11160(c) (Subpart GGGGGG), 

63.10680(d) (Subpart YYYYY), 63.11400(d) (Subpart MMMMMM), and 63.11449(e) 

(Subpart SSSSSS) it states that an area source subject to these subparts must obtain a Part 

70 operating pennit. DENR removed the recommended exemption in ARSD 

74:36:08:100,74:36:08:101,74:36:08:102, 74:36:08:104, 74:36:08:110, and 

74:36:08:116. 

9.	 Verbal Comment: " ...the Administrative Rules of South Dakota 74:36:08:02.02, 

74:36:08:02.03, and 74:36:08:02.04 should reference 40 CFR Part 61 instead of40 CFR 

Part 60." 

Response: The federal regulations DENR is recommending to include do come from 40 

CFR Part 61. DENR corrected the reference to the appropriate Part. 

•
 

10. Comment: "The citation referenced in ARSD 74:36:07:03 should be revised..."
 

Response: The federal regulations for electric utility stearn generators were recently 

revised. During the revision process, the federal citations were also revised. DENR will 

revise ARSD 74:36:07:03 to the correct federal citations. 

11. Comment: "The title of ARSD 74:36:07:74 should be revised to clarify volatile organic 

compounds are addressed... " 

Response: DENR will revise the title of ARSD 74:36:07:74 from "Standards of 

performance for volatile organic emissions from polymer manufacturing industry" to 

"Standards of performance for volatile organic compound emissions from polymer 

manufacturing industry". 

12. Comment: "... there are instances...where titles are altered, abbreviated or contain 

typographical error....reiterate that a difference in title merits no difference in 

applicability." 

Response: As noted in the Legislative Research Council's Guide to Fonn and Style for 

Administrative Rules ofSouth Dakota, the title given to each rule is called a catchline. 

Catchlines help the reader find topics more quickly and provide a quick index to the rules 

when listed in the contents of the chapter. Catchlines are not part ofthe rules~ Everything 

• 

in the catchline that is essential to the rule must be repeated in the body of the rule. The 

important part of the rule is the reference to the federal citation. As such there is no 

difference in applicability because the federal citation identifies the applicability that is 

11
 
referenced by the administrative rule. DENR considered the comment; but did not 

propose any changes to the draft rule revisions. 

13. Comment: " ...proposed regulation at 74:36:04: 15(9) would allow for compliance with 

either State law or the Clean Air Act. Compliance must be with both state and Federal 

Requirements, the "or"...should be "and"... " 

Response: DENR agrees to make this recommended change. 

14. Comment: " ... 74:36:04:06 needs language that a minor source applying for an initial 

operating has already complied with modification requirements in 74:36:20:06" and " . 

74:36:05:08(2) may suggest a Permittee needs to only submit a complete application to 

prevent confusion in the future, the language should be revised.. .Ifthe source has already 

complied with the modification requirements of74:36:20 or 74:36:09 or 74:36:10... " 

• 

Response: The concern appears to be that an owner or operator ofsource may think that 

just an operating permit is required and forgo the construction permitting process. A new 

source or modification to an existing source will be required to apply for and obtain a 

construction permit prior to constructing the facility or modification under one of the 

construction pennit programs. The requirement to obtain one ofthese construction 

permits is not overridden by the requirements to obtain an operating permit. The 

operating permit is in addition to the construction permit. However, DENR does agree 

that it would be beneficial to identify that a construction permit is required before 

constructing the new source or modification in the operating pennit program. DENR will 

identify this with a note at the end of ARSD 74:36:04:06 and 74:36:05:08. 

IS. Comment: "Minor Permit Amendment is inconsistent with Part 70 definition of a 

procedure ...for consistency, this should be Minor Permit Modification... " 

Response: DENR used a different term in an attempt to distinguish between the federal 

tenns such as a major modification under the Prevention of Significant Deterioration 

program, a major modification under the Part 70 pennitting program, and a minor 

modification under the Part 70 permitting program. DENR considers the term minor 

permit amendment instead of minor modification brings clarity and consistency to its 

permitting programs. DENR considered the comment; but did not propose any changes 

to the draft rule revisions. 

16. Verbal Comment: "Several ofthe federal regulations for national emission standards for 

hazardous air pollutants have been revised by adding an additional section or a table to 

the subpart. It is recommended that for those Administrative Rules of South Dakota in 

chapter 74:36:08 that do not reference the subpart be revised to reference the subpart to 

account for these changes." 

• Response: Generally, the adoption by reference to a subpart was done because the 

subpart contained a table or an appendix that was not directly associated with the 

12 
• nwnbering ofthe federal regulation. Ifthere was no such table or appendix, the adoption 

by reference was to a specific set of federal regulations nwnbers. For consistency and to 

incorporate the identified new sections, tables and appendixes, ARSD chapter 74:36:08 

will be revised to reference the subpart lettering scheme. 

17. Verbal Comment: The regulations for dry cleaners, chromium electroplating (09), and 

halogenated solvent cleaning (13) identified in Administrative Rules of South Dakota 

74:36:08:04, 74:36:08:09, 74:36:08: 13, reference a December 9, 2005, date. The federal 

regulations have been revised stating area sources have a permanent exemption from a 

Part 70 operating pennit. The reference to the December 9, 2005, date should be 

removed. 

Response: In accordance with 40 CFR §§ 63.320(k), 63.340(e), 63.460(h), the federal 

rules note that an area source subject to these subparts is exempt from the obligation to 

obtain a Part 70 pennit provided the source is not required to obtain a Part 70 pennit for 

other reasons. DENR agrees to make the recommended changes. 

• 

•
 

13 
. Message Page 1 of 1 

Magedanz, Uta 

To: Brookings Register (registerclassifieds@brookingsregister.com) 

Cc: Rombough, Kyrik; Regynski, Barb 

Subject: FW: Public Notice for Rules 

Importance: High 

Dear Sir or Madam: 

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

paper. Please reply to this e-mail upon receipt to verify that you have received
 

it. If you have any questions, please call. (Please Note: This is a Display Ad)
 

Thank you.
 

Sincerely, 

Lita L. Magedanz
 

Senior Secretary
 

Department of Environment and Natural Resources
 

Division of Environmental Services
 

Office of Air Quality Program
 

523 East Capitol Avenue, Joe Foss Building
 

Pierre, South Dakota 57501
 

Phone#(605) 773-3151
 

Fax# (605) 773-4068
 

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

•
 

03/11/2010
 
Affidavit of Publication
 

State of South Dakota Exhibit "A"
 

• 

ss 

County of Brookings 

Katy VanMaanen of said county, first duly sworn, on oath, 

says: That she is the office clerk of THE BROOKINGS 

REGISTER, a daily newspaper, printed and published in 

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

State of South Dakota; that she has full and personal
 

knowledge of the facts herein stated; that said newspaper
 

is a legal newspaper and has a bona fide circulation of
 

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

newspaper has been published within the said County of
 

Brookings and State of South Dakota, for more than one
 

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

attached and herein mentioned, and was and is printed
 

that the
 

Legal Display "Air Pollution Control"
 

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

same was published, is hereto attached marked Exhibit
 

said newspaper for 1 times, to-wit:
 

March 15,2010 

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

said newspaper, that no agreement or understanding for the 

division thereof has been made with any other person, and 

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

person whomsoever; that the fees charged for the publication 

thereof are: 

four hundred dollars $400.00 

.......~KA~:r.",.lrHE "'CO~B~B~~1

NOTARY PUBLIC J 

SOUTH DAKOTA ~~
 

'G(t~li:t~~:/~::~~~'11~r+
 

Subscribed and sworn to before me this 

March 2010 

Notary Public in and for the County -of~B:::-",-oo-:k~in-g-s-, '="southDakOta ~0----­

My Commission expires July 14, 2015 

• 
•
 
DEPARTMENT of ENVIRONMENT 

• 

and NATURAL RESOURCES 

PMB 2020 

JOE FOSS BUILDING 

523 EAST CAPITOL 

PIERRE, SOUTH DAKOTA 57501·3182 

denr.sd.gov 

March 11, 2010 

Daily Plainsman 

Attention Display Advertising
 

POBox 1278
 

Huron, SD 57350-1278
 

Dear Sir or Madam: 

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

on or before the 1i h day of March, 2010. 

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

• 

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

your invoice will nullify your claim for publication fees. 

Please submit the Affidavit of Publication and invoice to: 

Department of Environment and Natural Resources 

Division of Environmental Services 

Air Quality Program 

523 E. Capitol, Joe Foss Building 

Pierre, South Dakota 57501 

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

language regardirig the cost to pUblish the public notice. The line that must be completed with 

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

amount before publishing in your newspaper. 

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

Sincerely, 

~~ i7f.)}/~l-k'Y

• 

Lita L. Magedanz 

Senior Secretary 

Air Quality Program 

Enclosure 
Message Page 1 of 1 

Magedanz, Lita

.-._----------_._­

To: Huron Plainsman (rnewman.plainsman@midconetwork.com) 

Cc: Rombough, Kyrik; Regynski, Barb 

SUbject: FW: Public Notice for Rules 

Dear Sir or Madam: 

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

paper. Please reply to thls e-mail upon receipt to verify that you have received it. 

If you have any questions, please call. (Please Note: This is a Display Ad) Thank 

you. 

Sincerely, 

Lita L. Magedanz 

Senior Secretary 

Department ofEnvironment and Natural Resources 

Division of Environmental Services 

Office ofAir Quality Program 

523 East Capitol Avenue, Joe Foss Building 

PielTe, South Dakota 57501 

Phone# (605) 773-3151 

Fax# (605) 773-4068 

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

•
 

0311112010
 
DEPARTMENT of ENVIRONMENT
 

and NATURAL RESOURCES
 

PMB 2020
 

JOE FOSS BUILDING
 

523 EAST CAPITOL
 

PIERRE, SOUTH DAKOTA 57501·3182
 

denr.sd.gov 

March 11,2010 

Daily Leader
 

Attention Display Advertising
 

P. O. Box 348
 

Madison, SD 57042-0348
 

Dear Sir or Madam: 

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

on or before the 1i h day of March 2010. 

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

• 

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

your invoice will nullify your claim for publication fees. 

Please submit the Affidavit of Publication and invoice to: 

Department of Environment and Natural Resources 

Division of Environmental Services 

Air Quality Program 

523 E. Capitol, Joe Foss Building 

Pierre, South Dakota 57501 

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

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

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

amount before publishing in your newspaper. 

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

Sincerely, 

Xde- x- ~eJ""y

• 

Lita l. Magedanz 

Senior Secretary 

Air Quality Program 

Enclosure 
Message Page 1 of 1 

Magedanz, Lita -._--.-....•..... -_.. __.__ -_ .. _---- ----_ _ .. _._.._---._--_._----------_.__..--.---_.._-_._----_.._----_ _----- --_ ..-.. _--_._--­

.. To: Madison Daily Leader (news@madisondailyleader,com) 

Cc: Rombough, Kyrik; Regynski, Barb 

Subject: FW: Public Notice for Rules 

Dear Sir or Madam: 

Please tind the attached cover letter and public notice to be published in your 

paper. Please reply to this e-mail upon receipt to verify that you have received it. 

If you have any questions, please call. (Please Note: This is a Display Ad) Thank 

you. 

Sincerely, 

•

Lita L.Magedanz
 

Senior Secretary
 

Department of Environment and Natural Resources
 

Division of Environmental Services
 

Office of Air Quality Program
 

523 East Capitol Avenue, Joe Foss Building
 

Pien'e, South Dakota 57501
 

Phone# (605) 773-3151
 

Fax# (605) 773-4068
 

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

•
 

0311112010
 
,

. ., ... 

AFFIDAVIT OF PUBLICATION Madison Daily Leader 1M 

• AFFIDAVIT OF PUBLICATION 

STATE OF SOUTH DAKOTA } 

} ss.
 County of Lake }
 

..................§.~.~..~.~n.~ ..~.~.~9................... of the City of Madison, County of Lake, 

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

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

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

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

during the times hereinafter mentioned; that the said Madison Daily Leader has 

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

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

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

. th Secretary fth ·'d . h fth d rt' IS e 0 e sal newspaper, In c arge 0 eave ISing department thereof and has personal knowledge of all the facts stated in this 

affidavit and the advertisement headed 

................~.~.p..~.~~~~~ ..9.~.§.~.~~.~9.~.~~.~~.~.~~ ..~.~~~E.~.I ..~.~.~.?.~E~~~ ..
 

.~.~~.e.I.~y...~~:..~.~.!!.~~ ..?r.~~.~.!~~ ..~.~~~~~~..~~...~~~.i.~.~ ..~.~.I.~.~r.~.ir ..~9.!~.~.~~iI

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

ewspaper for 9..~~ successive weeks, once each week and on the • same day of the week, on the following dates, to-wit: 

On .F.!.!9.?Y ,the ..1.~~~ day of ¥..?r.~.~ ,20 ,J,Q ; 

On , the day of , 20 ; 

On , the day of , 20 ; 

On RE.C.E!~EO day of , 20 ; 

On MAR;..2.~ tJ2OtO. day of , 20 ; 

On AIR.OOAmv day of , 20 ; 

On ~.'32~~~ day of , 20 ; 

On , the day of , 20 ; 

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

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

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

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

person whomsoeve~ ~.l!tt ..P.-/lRli. ~~......................
 

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

Mareh 2 10 ............................................................................................, 0 .
 

........~:1J..n ;;:: 'i<o.d .
 Notary Public, Lake County, South Dakota 

Publication Fees $ .. 

Notary Fees $ . 

Total------ $ .. 

Received Payment, 
\ ... 

'~'·.::·,,,:!'''t· .....' ,';" " .,.::.~: ..:'" ._{. ": -{>. I, " ..•. ,:". ' ,.1.

;,\ ,~.~~~1:;S~6'~~:i~~in::ttb~~~~~~~1~\~dl' l;:~ng ~~r;,J§e.:~~u~I:iing,Pie~, SoUth~;QitAPrll15,,~9,.' .. .'I;3¢jl~;).5 arnic,eri1;tii1l day ttiine, to consider,the lldoption and,8Jnendiil.ef1t,· . 

:,~ti~POsedrw,~nt1m d~: .; ~' . .'I·,<~'. . ,': , .' 

t·: :"ilrMi!iIDg'Chaptet ~~:Q! (~ re~sing.s~ons.7i:36:P1:?~71:~:p'l;~,.. 

'., m.'A'fl.·'·~i4:3f!:.0.1:10,7.4:,·~;9~·~;,and addIng SeCtio.n.7.;l:.~:O,.1:21)(·,',"Ili,·.J·Jl.1!'1JJ"~OCI ; '. 

I' ":}rr' ~Vilifi]g·cha~f',74:$:02(e.g. revising,'secti(ms74:36:~!02,.tI1),'99gD·· .' ,•. ,~l\'i'i 74:3!$:02:05); '~~""1' /".,.". . , " '. '",:' .""" ,·,..,/"t<t .. .·c:·1r.eviSing allofclUlptet74:36:03; . . . <. .'. . . .': d, revising chapter 74:36:04 (e.g. revisiIigsecti.ons 74:36:04:02,74:36&'; ; '..... ;,

· ...... 74:36:04:.03.01, .74:36:04:04, 74:36:04:.(l6, 74:36:04:07,74:36.":.;,~.; . 

FI,l:36:04:10, 74:36:04:12, 74:36:04:12.01, 74~:04:13, 74:36:04;:15 " jJ(h" 

',.74:38;04:18, .74:36:04:20, 74:~;O4:~:Ol, ?4:36:04:2O.04,· 74:36:~, .. 

74:~:04:27, 74:36:04:32, adding secti.on74:~:04:02:.01, and re~~

,74:36:04:11); . .. . . '. . '" '. 

. e. revising·cbapter 74:36:05 (e.g. revi,sing sections 74:36:05:01; 74:~:05:l1Z,

· ·74:36:05:03,:74:36:05:04, 74:36:05:Q4.01; 74:36:05:06 through 74:36:05:($, 

74:36:05:12, 74:36:05:16.01; 74:36:05:n7~:36:05:18; 74:36:05:20.01, . 

"!, 74:36:~:20.03, ~4:~:~:21.01; .7'J:~:05:28•. ~4:~:O:S:3Q,. 74:36:05,31, .. ~4.36.~.32, 74.36.05.38,. 74.36.05.41, 74:36,05,42,· ..74.36.05.44, 74:~:05:46, 74:36:05:51, and re:PeaJ.U!g sectiQJ;174:~:05:(Xt~1); .. " . 

•
 

f. revisillg clulpter .74:36:07 (e.g.. revising sections 74:36:07:01throU8b .
 74:36:07:111.01, 74:36:07:09,74:36:0'(:10, 74:36:07:12 tIiioUgh'7~:O'f~ .
 

7.:36:07:23 through 74:36:O'T:28,'74:36:07:31throligh.7~:~:01~34,
 

74:36:07:36, 74:36:07:37, 74:36:07:39· tQrough74:36:07:46;..74:36:07:47 .
 through 74:36:07:76, 74:36:07:77 throuib74:'36:o'i~&fj:~·:al{dlngsec

. tions 74:36:07:22.01, 74;36:07:46.01,74;36:(17:·7,6.01~liJld 14:36:07:90); '.' '., · ',. ~singchapter 74:36:(}8 (e.g. revising sectiOJ1$..1'4:~:OO:01,74:.36:00:~ .
 

·.::·(l4:36:()8:~Ol. 74:36:OB:03 through 74:36:qa:1Vl;;and.adding se?!idiiS'··,
 · "174:36:08:02.02,74:36:08:02:.03, .74:36:08:02.04,. and, '14:36:08:103 tbf9ugh",
 

'74:36:08:121); .' .,'•. .:- •
 ·m,revisj~. chapter 74:36:09' (e.g.revisi'ilgsectioDs· 7~:36:09:02 and 

,!(4:36:09:03); • . ." . . ' ..' " 

i",,'revisingChapter 74:36:10 (e.g. revismg secti~ns 74:36:10:0'2., · ,·1~:36:'lQ:03.01, 74:3(l:W;05, 74:36:10:07 through 74:;3'6:10:).0). " 

j; r$Vising chapter 74:36:~1 (e~g. revising section 74:36:11:01); . k. ~vising chapter 74:36:12 (e.g. revising sections 74:36:12:01 and, 

74:36:12:(3);'. . . . 

l revising chapter 74:36:13 (e.g. revising 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:(8);
 

m. revising all of chapter 74:36:16; . .'
 

ri. revising chapter 74:36:18 (e.g. revising section'74:36:18:10);
 

'0. J;epealing chapter 74:36:19; and '. . .
 

·p; i'dding chapter 74:36:20; and . " . 

11t.ttlf, ~t.. of the prop?S.ed amendments will be to adopt revision ~.{~~~ ..
 . ons., By adopting the proposed amendq1ents, the. S9utl,1 D~ ~r ; .
 . ~ij1iabn control program rules will continue to comply Wlth.the fec;i~teg- ,
 ulatioris, cind South Dakota will maintain approval ofits air qualtt;y prbgl'am.
 

.' ~~~itml!~f\~ paa,sed...several newfede~l stan?ards!-ba.~~~ 'qth D~ s~~~~~~~~Dl!k~ Departnumt of EnVUQnpJ@t· .•.. 1'81 . . ReSO~~::W'1~th~Adtninistrative Ru.l~ 9fSouth D~74;:. J 'fl.I~ rules will be~~e<lto'mcludethese new stahd~rds. '. '.' 

•
 
'.
 

•
 

•
 

"'~U~:D*ota'SMiD.3t and Title'Vair q~~op(!1'8.tipg pe'rtnit pragralll$'aJ:e­

,a <»~in~ eoDStruetiQn and operatingpermit p~ Therule$~beiIJg

~dedto include,a new constr.uction pennitprogram and amendinj'tJ;Ie Minor and Title Yair qUality operating pennit pt'ogriUns to remove the :cOnstruction sections in theseoperatiDg permit programs. . 

Pen/onS intei'estedln presenting d~tii, opinionS, and arguments fot pr 

ag~".'pl.st st1the prop~.amen~ents may do so pyai>,Peartng,in ~o~at~e '. h~orfu{ submitting wntten ~omments~t.b:eSQuth Dakof:aP.4:!pat1:nj,~

.'of'~vironm~nt and Natural Resources at the ~iling address,tlta.t app~

below, The departmentroustreceive written comments by the,Close ofbUs!. 

ness on Aprii 14, 2010. to be considered. . . 

. After the hearing, the board will'consider all ~u.en and orai coriunen~. b , receives on the pl'9P.,OSedamendrnent5,. The boilrd,:1p8Y modifY or amend,a prop~ruIe at th8t time to .include or'exclude. ma~rstliatare d~ribOO. iIi this notice. . ' . , .. ," , 

Notieels further given tob:idi~dualswitb~:disabi1ities that thiS hearing'is ' .being held in a pbysi~ ,acees.,ible pliuie,: Pl~not!1Y ~e d~pat1ment at 

least 48 hours before the public beanngifyoUhave special: needs for Which' 

~lli amumementsmtistbemade. The tA;!lephone,number fOl'm~'SP,e

~ia1 arrangements is (605) 773-3151. ," .', " . 

Copies ofthe proposecI rules ~aybe obtained w.lttiout charge fro~ the:, , 

R;vrik Rombough,' Natural Resources 

Engineering Director 

South D,akota Department ofE;nvironment an~ N~tural Resot.lteeS 

, " , 523 East Capitol, Joe FOss Building
 , Piel7e. South Dakota 57501
 

(605) 773-3151 . 

..., . . ',' ~ve~ LJ,!'J.~W1~t,3rY. Dep~rtm~nt pfEnvironroer,.t arid 'Na~~jl~es . ' .... " ),';: "" '.." ," . 

Pulllished once at the toW aPJl1'9l1iJll1ate,~oStOt' $l65.ao. ' • r ".,.:.. ;. . '. . .,', • . ','" .... ,:"" . '..' ":" ~i-'.. ... -:' . .'" .. ' ':. '. . 
DEPARTMENT of ENVIRONMENT 

and NATURAL RESOURCES 

PMB 2020
 

JOE FOSS BUILDING
 

523 EAST CAPITOL
 

PIERRE, SOUTH DAKOTA 57501·3182
 

denr.sd.gov 

March 11, 2010 

Sioux Falls Argus Leader 

Attention Display Advertising 

PO Box 5034 

Sioux Falls, SO 57117-5034 

Dear Sir or Madam: 

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

issue on or before the 1ylh day of March, 2010. 

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

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

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

Please submit the Affidavit of Publication and invoice to: 

Department of Environment and Natural Resources 

Division of Environmental Services 

Air Quality Program 

523 E. Capitol, Joe Foss Building 

Pierre, South Dakota 57501-3181 

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

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

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

Please indicate the dollar amount before publishing in your newspaper. 

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

Sincerely, 

xi if· M4jufC#!l

• Lita L. Magedanz 

Senior Secretary 

Air Quality Program 

Enclosure 
Message	 Page 1 of 1 

Magedanz, Uta 

----_._-----­

•	 To: Argus Lead-e-r-(a-rg-u~s-re-ga-IS-@-a-r-gU-S-le-ad-e-r.-co-m--)-----

Cc: Rombough, Kyrik; Regynski, Barb 

Subject: FW: Public Notice for Rules 

Hi Sara, 

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

paper. Please reply to this e-mail upon receipt to verity that you have received it. 

If you have any questions, please call. (Please Note: This is a Display Ad) Thank 

you. 

Sincerely, 

Lita L. Magedanz
 

Senior Secretary
 

Department of Environment and Natural Resources
 

Division of Environmental Services
 

Office ofAir Quality Program
 

523 East Capitol Avenue, Joe Foss Building
 

Pierre, South Dakota 57501
 

•	 Phone# (605) 773-3151 

Fax# (605) 773-4068 

E-mail: lita.mag~dariz@state.sd.us

•
 

03111/2010
 
--

CUSTOMER 

NUMBER: 078340 

ORDER NUMBER 221637 

DATES 3117/2010 

Argus Leader 

·P.O. Box 5034, Sioux Falls, S.D. 571J7-5c.34 

I I 1$1,224.72 

SD Dept of Enviroment 

523 S Capita) Ave 

Pierre, SD 57501 

DETACH THIS STUB AND RETURN wnll PAYMENT PAYMENT DUE UPON RECEIPT 

AFFIDAVIT OF PUBLICATIONCustomer Number: 078340 

Order Number 221637 

•
 

•
 

Argus Leader
 

AFFIDAVIT OF PUBLICATION
 

STATE OF SOUTH DAKOTA 

COUNTY OF MINNEHAHA I 5S 

Diane Trottier being duly sworn, says: That The Argus Leader is, and 

during all the times hereinafter mentioned was, a daily legal newspaper as 

defined by SDCL 17-2-21, as amended published at Sioux Falls, 

Minnehaha County, South Dakota; that affiant is and during all ofsaid 

times, was an employee ofthe publisher of such newspaper and has 

personal knowledge of the facts stated in this affidavit; that the notice, 

order or advertisement, a printed copy ofwhich is hereto attached, was 

published in said newspaper upon 

Wed the 17 day of March 2010 , 

the day of 2009, 

,the day of 2009, 

-- ,the day of 2009, 

was charged for publishing the same 

Notary Public, South Dakota 

My Commission expires November 3,2012 
• 

•
 

• 

ARTICLE 74:36 -AIR POLLtmON" ('

'CONTROLPROORAM . 

NOTICEOF PUBLIC HEARING TO REVISE RULES' 

A public hearing will be held in !be Malthew Enviromnental Educal:ion wi 

. Training Ce/llor. Joo Foss BIIildlng, PiMe. South Dakoca, on April 15, 21>10. 

8110:15 a.m: ~daylight·time. to consider the adoption and amendment 

of proposed rules rluin~ " ',;' : ", ...,..:. 

a. revi$ingC~74~6:01'(e.g: revising sections 74:36:01:01. '.' , 

74:~:01:O5. 74:36:0l:10,~4:36:0~:~. oildadding ~on 74:36:01:21);, 

b. J'eVls1Dg cbapter'T4:36:02 (e.g. revlSIIlgleCtlons 74:36:02:02Ihrough 

74:36:02!O:S);' .. 

c. J:evising iii of chaplet 74:36:03; 

d. ~Ising Chapter 74:36:04 (e:g. fevi.ing ,ecdons 74:36:04:02, . 

74j~6:04:03•. 74:36:04~:?1;74:36:04:04. 74:36:04:06. 74:36:04:07, 

7'4:36:()4:09, 74:36:04:10, 74:36:04:12. 74:36:04:12.01, 74:36:04:13, 

74:36:()4'15 IhrlJugh74:~: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, adding s.woo 

74:36:04:02.01, aDd 74:36:04:11): r 

e. revising cbapter 74:36:05 (e.g. revlsil)g ~lions 74:36:05:01. . 

74:36:05;02, 74:36:05:03. 74:36:05:tf,i, 74:36:05:00<\.01, 74:36:05:06
 

· tbrough74:36:05:09, 74:~:l2, 74~36:05:16.01. 74:36:05:17,
 

74:36:05:18. 74":36:OS:20.01. 74:36:&5:20.03, 74:36:05:21.01,
 

· 74:36:05:28. 74:36:OS:30, 74:36:05:~1 .. 74:36:0s:32. 74:36:05:38.
 

74:36:05:41. 74;36:05:42. 74:36:O5~""4! 74:36:05:46, 74:36:05:51. and 

repealing 9OCIiOn 74:36:05:03.01); 

i..revising ehapter 74:36:07 (e,g. revising section' 74:36:07:01'lhJougli 

74:36:07:07.01. 74:36:07:09•.74:36:07:10, 74:36:07:121brougb
 

74:36:07:22.14:36:07:23!hfoui!h 74:36:07:28. 74:36:07:31 through
 

· 74:36:07:34.74=*:07:36.74:36:07:37. 74:36:07:3!l tbrough 74:36:07:46; 

74:~6:07:47 through 74:36:07:76. 74:36:07:77lhrough 74:36:07:89; and . 

adding secti0Pl74:36:07:~0I,74:36:07:46.01, 74:36:07:76.01 and . 

14::jp~07:90); , :'k '. >. .. g. rel!,\«ing'chapler 74:36:08'(e;~; revisillgsecdans 74:36:08:01,
 

74:36:08:02,74:36:08:02.01, 74:36:08:03tbrougll 74:36:08:102, and
 

addiDg,SeCtiona74:36:08:02.02. 74:36:{)8:02.03, 74:36:08:02.04. and
 

74:36:Q3:103lhrougti 74:36:08:121);
 

h.~.~:.: g cbaplet 74:36:09 (e.g. revi3ing secdons 74:.36:C9:Q2 and
 ·'1111~109:03);. .
 

i.	 ~inll chapter 74:36: 10 (e.g. revising s.wons 74:36: 10:02.
 

74:36:10:03.01,74:36:10:05,74:36:10:07 througb 74:36:10:10)
 

j. reviJing eIIapter 74:36:11 (e.g. revising!leCtion 74:36:11:01); 

k. revising eII.pler 74:36:12 (e.g. revising 9OCIions 74:36:12:01 and 

74:36: 12:03); 

I. fe.vising cIlapIer 74:36:13 (e.g. revising "",tioII. 74:36:13:02, , 

74:36:13:03.74:36:13:04,74:36:13:06,74:36:13:07, 8lld 74:36:13:08);
 

m~viBiOg-aII ofchapter 74:36: 16;
 

n. re,vising chapter 74:36:18 (e,g. revising section 74:36: 18: 10); 

o. fepeaungC:hapter74:36:I~; and 

p. lIiiding ehapter 74:36:20; and • I 

, "f!Ic effect of !be pr(lJlOaed· 8IIleIldmonts will be to adopt revision to feder3l
 

ltI!dmona. By adoptinS tho proposed amendmeots, the South Dakota air
 

, :' .control program IUle8 will continue to cOiilplr with the federal, .


" <. • I &Dll Solllb Dakota will maintain· 3PJl1'oval of its air quality 

'." .. . In addldon, EPA bas passed seven! De'lV fedcral srandardll1hal atreot .

·SOUiB tlikota sinl:e the Saudl,Dakota Depanmel1t of Enviro1llMlU wi N~

~Urces last revi=cj dio AdIIilnia~ve Rule. ~f SouthDal:oca 74:36'1 

~j:Yill be amended to include ~.new SI.llldardS.,· ':'. , .' 

SolllhiDakota's Minor &rIl1 Thle V ail: quality operating permil programs ue a
 

combined COIlIlliJetion and operating pennit piogram. The rule8 .are \>eblg:
 

llIIleI\ded to include a new conslrucdOll pennit program and amending i!le"
 

M1nPi I IIJld TlUe V air quality operating permit PJogramB to remove the
 

~ction sections in !bese operating permit program,. " ..
 

illleleSted in pieses!ringdala, opinions,. an~ ar~1S r~ or a~Ainat
 11)e'~ IImcndmcncs may. do so by appeanng III penon at the bearing or
 

bi ai!bmilling written commeilts to !be South J)ai:0t3 Departm~l of
 

Bn'{iromnOll1 opd NIlIIn1.Re~ 1I1 t!leJ;l1l1iling tIlat-appears-~,!,: .
 The ~I miiat reoili",' writlen ~eill' bY,!Iie close of ~ineS$ OIl
 

April 14\2010, to be!:Oilsldei'cc!-:' .
 I,' 

After the Dearing, !.be board will COIIIider all wriIIeIl and oralcommenrs it 

~ves Ol! tbepl'OpQSed~. lhe~ may mOdifY or • 

. proposed rule 81 that lime til include or exclude IIllll1enl that ate· desCribed in 

Uris notice.	 -. .', 

NQlice is funber given to indMduals with disabilities that Ibis hearing isbeiD8
 . belli in a physically eccessiblepl=.. Please notify the dq>lutmenl at lea8l48
 

houn before Ibe pnbUc IieariDg if you have spe<;ial neech for whidt speclAI
 

" ~enlS. ~lI3l be ~'.'l.'he telephone number for making special
 aui!aie1MD1s 18 (6ll5) 773.3151. . . .' '.'
 • I. . . ,'." '. • 

....... ( . " . . .'. . . . .
 

'Copies ofthe P\'OPOsed ru1es may be obtaiDedwithou.t cb3rge from Ibe 

Kyrik Rombough, Natufal Resources 'Engin-ms Director ., 

Soulb Dakota Department ofEnvironment 8nd Natural Resources ' 

523 East Capitol, Joe Foss Building . '.' < 

Piene. South Dakota 57501 

(605) 773.3151 

Sleven M Pin\er. ~retary .
 

Qepartment of Environment and Nallmll R.C3OUlCe8
 

Published once al the lOIB1appMximate Coot of $1,224.n: 

. 0ll0Cll21"" 
DEPARTMENT o'f ENVIRONMENT 

and NATURAL RESOURCES 

PMB 2020
 

JOE FOSS BUILDING
 

523 EAST CAPITOL
 

PIERRE, SOUTH DAKOTA 57501·3182
 

denr.sd.gov
 

March 11,2010 

Rapid City Journal
 

Attention Display Advertising
 

PO Box 450
 

Rapid City, SO 57709-0450
 

Dear Sir or Madam: 

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

issue on or before the 1th day of March, 2010. 

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

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

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

Please submit the Affidavit of Publication and invoice to: 

Department of Environment and Natural Resources 

Division of Environmental Services 

Air Quality Program 

523 E. Capitol, Joe Foss Building 

Pierre, South Dakota 57501-3181 

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

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

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

Please indicate the dollar amount before publishing in your newspaper. 

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

Sincerely, 

X;flL Xh14j~r

• Lita L. Magedanz
 

Senior Secretary
 

Air Quality Program
 

Enclosure 
Message	 Page 1 of 1 

Magedanz, Lita 

•.;~.;---~~~~~-~;~J~~-r~al (pattie.vanpatten@lee,net) 

Cc: Rombough, Kyrik; Regynski, Barb 

Subject: FW: Public Notice for Rules 

Dear Sir or Madam: 

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

paper. Please reply to this e-mail upon receipt to verifY that you have received it. 

If you have any questions, please call. (Please Note: This is a Display Ad) Thank 

you. 

Sincerely, 

Lita L. Magedanz
 

Senior Secretary
 

Department of Environment and Natural Resources
 

Division of Environmental Services
 

Office of Air Quality Program
 

523 East Capitol Avenue, Joe Foss Building
 

Pierre, South Dakota 57501
 

•	 Phone# (605) 773-3151 

Fax# (605) 773-4068 

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

•
 

0311112010
 
ARTICLE 74:36­ .AIR POLI-UTION CONTROL PROGRAM
 

NOTICF'\F p' '~LIC HEARING
 

T~ ..~EV • .:. RULES
 A public hearing will be held in the Matthew Environmental Education and Training 

Center, Joe Foss Building; Pierre, South Dakota, on April 15, 2010, at.10:15 a.m. central 

daylighltime, to consider the adoption and amendment 01 proposed rules numbered: 

a.	 rev.ising cl1aptar 74:36:01 (e.g. revising sections 74:36:01 :01, 74:36:01 :05. 

74:36:01:10.74:36:01:20, and adding section 74:36:01:21); 

b.'	 revising chapter 74:36:02 (e.g. revising sections 74:36:02:02 through 

74:36:02:05); . 

c.	 revising all of chapter 74:36:03; . 

d.	 revising c~apter 74:36:04 (e..g. revising sections 74:36:04:02,.7.4:3e;()4:P3i . 

74:36:04:03.01, 74:36:04:04, 74:36:04:06,74:36:04:07, 74:36:04:09, . 

. 74j36:04:10, 74:36:04:12, 74:3,6:04:1,2.01, 74:36,0~:13, 74:36:04:~S~rough.·

.74:36:04:16, 74:36:04:20, 74:~:04:20.01;'74:36:04:20,O4, 74:3tl:~4:23, . 

74:36:04:27, 74:36:04:3ii::a~lng S!l.etIon74:36:04:02.01, and repealing :, 

74:36:04:11): .: . . . . '. 

e.	 revising chapter 74:36:05 (e.g. revising 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:$6:05:09, 

74:36:05:12,74:36:05:16.01,74:36:05:17, 74:36:05:16, 74:36:05:20.Q1, . 

74:36:05:20.03.74:36:05:21.01,74:36:05:28, 74:36:05:30, 74:36:05:31. 

74:36:05:32,74:36:05:36,74:36:05:41, 74:36:05:42, 74:36:05:44, 

74:36:05:46,74;36:05:51, and repealing section 74:36:05:03.01); 

revising chapter 74:36:07 (e.g. revising 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 74:3'6:07:28, 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 adding sections 

74:36:07:22.01,74:36:07:46.01.74:36:07:76.01 and 74:36:07:90);, 

g.. revising chapt'" 74:36:06 (D'l. revising sections 74:36:08:01, 74:36:08:02, 

74:36:06:02.[ ,6:08 'ough 74:36:08:102, and adding sections 

74:36:08:02.0. ..36:08. J, 74:36:08:02.04, and 74:36:08:103 through 

74:36:08:121); 

h.	 reVising chapter 74:36:09 (e.g. reVising sections 74:36:09:02 and 

.74:36:0~:03); . 

'. revising chapter 74:36:10 (e.g. revising sections 74:36:10:02, 

74:39:10:03.01,74:36:10:05. 74:36:10:07 th!ough74;36:10:10) 

. j. . .revtBlrig.chapter 74:36: 11 (e.g. revising sBellon 74:36:11 :01); 

.1(;, re'Jislng:Chapter74:36:12 (e.g: revising sections 74:36:12:01 and 

14:36:12:03);' . '. .' 

'fellising. chapter 74:36:13 (e.g. revls)ng 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);' 

m.re~lsing·all of chapler 74:36:16; 

rio revrsing~hapter 74:36:18 (e.g. revising section 74:36:16:10); 

o.	 repealing chapter 74:36:19: and 

p.	 adding chapter 74:36:20; and . 

The effect of the proposed amendments will be t9 adopt revision to federal regUlations. 

By adopting the proposed amendments, the South Dakola air pollution control program 

rules will continue to compi.y with the federal regulations, and South Dakota will maintain 

approvliI of Its air quality program. In addlllon, EPA has passed seVeral new 1ederal standaros that affect South Dakota since the South Dallota Department of Environment and 

Natural Resources last revised the Administrative Rules of South Dakota 74:36. The rules 

will be amended to include theSe new standards. 

South Dakota's Minpr and TItle V air quality Operating permit programs are a combined 

~truction and operating permit program. The rules are being amended to include a new 

,tructlon permit program and amending the Minor and nile v air quality operatlng per­

., programs to remove the construction sections in these operatlng permit programs. 

Persons interested in presenting dilta, opinions, and arguments for or against the pro· 

posed amendments may do so by appearing lri pereon at the hearing or by submitting wrilten commentS tQthe South r- .·,ta Dl>-" ""nent of Environment and Natural Resources at 

the mailing address that Ell: bel Ie departmi~ril must receive wrillen comments 

by"the close of·qusiness on ", ..,14.;', .,to be consiclered. 

After the hearing...the board will consider all.wrltten and oral cpmmenls it receives on 

the proposed amendments. The board may modify or amend a proposed rule at that time' 

to include or excludemal1ers that are described in this notice. 

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

physically accessible place. Please notify the department at least 46 hours before the Publie hearing if you have special needs for which special arrangements must be made. The 

telephorlenumber for making special arrangements is (606) 773-3151. 

Copies of the propoSed rules may be obtained without charge from the 

KYRIK ROMBOUGH, NATURAL RESOURCES ENGINEERING DIRECTOR 

SOUTH DAKOTA DEPARTMENT OF. ENVIRONMENT AND NATURAl RESOURCES 

523 EAST CAPITOL, JOE FOSS BUILDING 

PiERRE, SOUTH DAKOTA 67501 

. (605) 773-3151 

Steven M Plmer, Secretary 

nepartmenl 01 Environment and Natural Resources 

~'. ..t:ltjshed'once at the to~1 approximate cost. of $361.92) 

I' 

~ffibahit of ~ubltcation

STATE OF SOUTH DAKOTA 

County ofPennington 55. 

. .l..P..5.411tt:.u"'<Jo·"q"-,;(L...J,<I/,",{.~"'-....J.Q=Yecea.O ---" being first duly sworn, 

upon her oath says: That she is now and was at aU times hereinafter mentioned, 

an employee of the RAPID CITY JOURNAL COMPANY, a carporation, of 

Rilpid City, South Dakota, the owner and publisher of the RAPID CITY JOURNAL, alegal and daily newspaper printed. and published in Rapid City, in said 

County of Pennington,. and has full &md personal ktwwledge of all the Jacts 

herein stated as follows: that said newspaper is and at all of the times herein .	 . 

mentioned has been a legal and dtUly newspaper with a bonafide paid circulatian ofat leastTwo Hundmi copies dnily, and has been l7ri:nted. and published 

in the English language, at and within an office maintained by the owner and 

publisher thereof, at Rtzpid City, in said Pennington County, and has been 

admitted to the United States mail wuier the second clilss mailing privilege for 

at least <me year prior to the publication herein mentioned; that the advertisement, a printed, captj of which, taken from said RAPID CITY JOURNAL, the 

paper in whuh the same was published, is attached to this sheet and made a part 

ofthis affidiroit, was published in said paper once each '.leek 

jar ---'__--'o::>Ja:x.o:e:o.- successive__-'- m"""",..,.,"'k""-__--', the 

first publicatian thereof being on the S,d...aT= nth day of 

tIlamh . cila/Q , that the fees charged jar the 

publicaHmt thereofa7e Jh..,J..J.:<JcCSCl" .....""h:".y«,.,,.,d"'....:c~..d........-s"';"'·x""!7)f-'..::;-.wo"'a""e"'-,__Dolla7s 

and __.Lhw'(no.¢",~."..1..:-'-'6:""'11;0'-­ cents) for legal display odvertille'-"l, 

Subscn'bed and sworn to before me this ---''-'---r---t-~-

tvJan::.b ~.

\ 
...." 'ARTICLE74:36­

AIR POLLUTION CONTROL PROGRAM 

, N..01:IC.,.'F PWliLIC HEARING , , .. - E~RULES· . 

': Apublfc hearing will be held in the Matthew .Environmental Education and TraIning 

,::eriter. Joe Foss Building; Pierre; 'South Dakota, on April 15. 2010, at 10:15 a.m. central 

'jayllgfrt time',to conald9,i:the adoption and amendment of proposed rules numbered: ' 

~ffibahit of lluhlicatinn 

STATE OF SOUTH DAKOTA 

County of Penningtan 55. 

. Nt-eic.,'q Lit';;" j-:J.f&o r being first duly SWGrIl,

. upan her oath says: That she is now and was at an times hereinafter mentioned, 

an ernplayee of the RAPID CITY JOURNAL COMPANY, a corporation, of 

Rapid City, South Dakota, the owner and publisher ofthe RAPID CITY JOURNAL, alegal anii r1JJiIy newspaper printed and published in Rapid City, in said 

County of Penningtan, and has full and persanal knowledge of all the facts 

herein stated as follows: that said newspaper is and at 1411 of the times hereit. 

mentioned has been a legal and daily newspaper with a bonafide paid circulation of at least Two Hundred copies r1JJily, anii has been printed and published 

in the English Ianguo.ge, at and within an affia maintained by the cnvner anii 

publisher thereof, at Rapid City, in said Penningtan County, and has been 

admitted to the United States mail under the second class mailing pri:uilegefor 

at least one year prior to the publication herein mentioned; that the advertise 

ment, a printed, copy of which, taken from said RAPID CITY JOURNAL, the 

paper in which the same was published, is atfached to this sheet and made a part 

of this affidiroit, was published in said paper once each ..reek 

for -"'O"'n~e'"'__~--_ successive __--'-_.Jaw..e""""~J<s::. .J, the 

first publication thereof being on the se\(eot="Tb day of 

tv'lamh ., dlplO . that the fees cho.rgedfar t1 

publication thereof are -rr;,J..GtLr~ee~ah",m!2;C"'tn=e.cI<:;L..-""Sr~'X'"'"7);L'..::-";:allOnt,e,e",,,__Dollars 

and n;p ~( .. t/O 

Subscribed and sworn to before me this --''-'-__+--+-__ 

('v1arrb ~.
DEPARTMENT of ENVIRONMENT 

and NATURAL RESOURCES 

PMB 2020
 

JOE FOSS BUILDING
 

523 EAST CAPITOL
 

PIERRE, SOUTH DAKOTA 57501·3182
 

denr.sd.gov 

March 11, 2010 

Daily Capital Journal
 

Attention Display Advertising
 

POBox 878
 

Pierre, SO 57501-0878
 

Dear Sir or Madam: 

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

issue on or before the 1th day of March, 2010. 

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

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

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

Please submit the Affidavit of Publication and invoice to: 

Department of Environment and Natural Resources
 

Division of Environmental Services
 

Air Quality Program
 

523 E. Capitol, Joe Foss Building
 

Pierre, South Dakota 57501
 

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

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

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

Please indicate the dollar amount before publishing in your newspaper. 

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

Sincerely, 

X,+a. iX· mas etP~ ~/

• Lita L. Magedanz I
 

Senior Secretary
 

Air Quality Program
 

Enclosure 
Message Page 1 of 1 

•

Magedanz, Lita 

To: Capitol Journal (Iegals@capjournal.com) 

Cc: Rombough, Kyrik; Regynski, Barb 

SUbject: FW: Public Notice for Rules 

Dear Sir or Madam: 

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

paper. Please reply to this e-mail upon receipt to verify that you have received it. 

If you have any questions, please call. (Please Note: This is a Display Ad) Thank 

you. 

Sincerely, 

Lita L. Magedanz
 

Senior Secretary
 

Department of Environment and Natural Resources
 

Di visi on of Environmental Services
 

Office of Air Quality Program
 

523 East Capitol Avenue, Joe Foss Building
 

Pierre, South Dakota 5750 I
 

• Phone# (605) 773-3151
 

Fax# (605) 773-4068
 

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

•
 

03/1112010
 
. ,
 

pital aJnufttal
 

AFFIDAVIT OF PUBLICATION 

State of South Dakota, County of Hughes 

o V) 0. B(' V\ 0 \ (Q . of said county, being, first duly sworn, on 

oath, says: That h~ the publisher or an employee of the publisher of the Capital Journal, a 

daily newspaper~d in the City of Pierre in said County of Hughes and State of South 

Dakora; (har h~ full and personal knowledge of the facts herein stated, that said newspaper 

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

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

year next prior to the first p.ub~ication of t~e attached public n?tice, nd that the te Idisp a dver-\ 

t' emenr headed - \ C..\ {t..\:.:, - 0 \ TO 

-( ct VY\ <J \. c... ""~ S 

a prime copy of which, taken from the paper in which the same was publish , and which is hereto atrached and made a parr of this affidavit, was published in said newspaper for 0 b~

successive weck(s) to wit: 

m"'-rch \~ 20 \0 20 

20 20 

20 20 

20 20 

20 20 

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

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

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

to any petr-:"::<ver; that the fees charged for the publication thereof are: $ \0 5'=!. :1.~

Signed: ~~ M ...L:i .? 

suhscribed and sworn to before me this :J day of \f\ ~.,.' \\ 20-lSL. 

~LLt~

•
 Notary Public in and for the County Of~~UthDak:ra.
 My Commission expires .....:L ........ l <\ • 20.l5...-.
 
82· TIJESDAY. MARCH 16.2010	 SPORTS WWW.CAPJOURNALCOM

IAAF wants 2004 medal stripped SDSU 

From Page 81 

• A'SSOCIATEOI'I:ESS aM diJtp..ldb[lC4tHm or be1 BDchtshead.iaga~ _"":::==="--- ruulls!rolu 2001 to 2004 peuel/DI:olbe~.

OOIlA. QI.. - The Htfad1lliuio!:lGallleafte;r1lD Past panel lb:libcns ha\'e 

lAAT is ftICOlD,lIU:Ddq: the JaU1I:cd i.Dthc: roc ttrippiag u.s. WIXDCQ'S 4x<tOO nllft,. ~~c:r~ll=~ nabaDaI rday alia or moJo 

~la.)'lc4m mlhe 2004Atboo:I tbcBAlCOc..~. all Tctroar:li\td)' - in.cJudiDg Ol)'ft'lplcr. be ltripped ()( it! If 1be u.s.. is IInpp'Jd of bee U.S. I.e.lU frotn tlIe 

gok! mlllilaJ becaaIC qu,ltUY. its medal, R=il wwld DlC'o'e 2M SrdD=r Olympics. 

Nm!!r Crystal COlt Iw: &'1ft aM:r~aold trI! JImaiea 1bt lAM dcab w1tb. (1m­ mittcdtodoplna..	 &c!nbroo'1;lelo.ih'Cl'. oi.1 teNla. and at 

The JOC Ms opeaod II em: ran in tbepr!llirM; for ronnal~iDtotbc rbt~rcam1edbr :r.c°:!~~m~~ cue. mf lbc lAAF hUe­ sm.'l1I Ric!wds, who ,.. the r01'dcaJ.inl ....i1hll.~lIrl.clllll

aMionDl lllhIedl:s tedcrItioa fleD] alOQl ....iih Doo Oaa ;"1bc"",,,ot"-br .... Mooday1llat.- .. a~mcmb!:t.HO\~.

:ac~~~DMoa 81 the AthenI: QUnei fCllJr

=Cla:U~'~ Under u-emati:lsD] ma. )'etn foe. lbe lAAf' btd • 

Tb< U.S. ""..r>op.... III enlft rday tam caD be JUI.tpeeityiD;thaltbecmn 

Aprcy .id thi.i yem' 1hM diJqullitied bocabc of Ihc LtMI thndd be dilqualifaaf 

CCtx.ino:llo\Zli.ns.,.... dopiDa or ODe m..embef. evm lind_medals. 

bole noroilb aDd acccpl8d '11\JIUal.WII~IOin&lobll ""ol­ •	 (our-year mspemloo Io:'lit:eplesidtm'J1lcmm cleat I§ us... lAAF .IpJkcsARTICLE 74:36 - AIR POLLUTION CONTROL PROGRAM 

NOTICE OF PUBUC HEAIt1NG ro REVISE RULES 

A public bcoriag will be held in the Mallhew En'JiroDmClllalIlducallOll ond Tra!Ilfllg Centu. 

Joe Poss Building, Picm. South Dakota, 011 April 15.2010, all 0:15 Lm. ceolnl! dayligh1 

time, to consider the adopliOll 81ld omendmOlll of_sed rules Dumb=<!: 

..	 revising tb.apla- 74:36:01 (e.g. teV1sina sectioDa 74:36:01:<>1 ..74:36:01:01,74:36:01:10, 

74:36:01 :20, and adding see1ion 74:36:01:21); 

b.	 revising c!l!pler 74:36:02 (e.g. ",vising se<li0lll74:36:02:02 thrOll8h 74:36:02:05); 

t.	 revi>ing sIJ ofcIlspltt 74:36:03; 

d. ECVIsIog cbspter 74:36:04 (e.g. n:visiDg scdioas 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, 71:36:04:12.01. 74:36:04:13, 74:36:04:15llmJugh 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, 

add1l>g sootiOD 74:36:04:02.01, and repcaIirl£ 74:36:04:11); 

e.	 revising clIapter74:36:05 (e.g. revising _om 74:36:05:01, 74:36:05:02, 74:36:05:03. 

74:36:05:04.74:36:01:04.01,74:36:05:06 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 repealing ocction 

74:36:05;03.01); 

f.	 n:visins ehaptor 74:36:07 (e.g. ..moing _"'" 74;36;07:01 throuah 74;36;07:07.01, 

. 74;36;07:09,74;36;07:IO,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.~;76. 74:36:07:77 through 

74:36:07:89, llIId adding se<li0llB 74:36:07:22.01. 74:36:07:46.01, 74:36:07:76.01llIld 

74:36:07:90); 

g.	 revising cbapte< 74:36:08 (e.g. revising scdiOllS 74:36:08;01.74:36;08:02, 

74:36:08:02.01, 74:36:08:03 through 74:36:08:102, 81ld adding soctioDs 74:36:08:02.02, 

74:36:08:02.03.74:36:08:02.04, and 74:36;08:103 thro<lgh 74:36:08:121); 

!L	 ehaptor 74:36:09 (e.g. ..vising seedom 74:36:09:02 BDd 74:36:09:(3); 

i.	 revising chap4<:r 74:36:10 (e.g. ..vising ,octi""" 74:36:10;02, 74:36:10;03.01, 

74:36:10:05,74:36:10:07 tbroush 74:36:10:10)

J. ",vising ehap<er 74;36:11 (e.g. ..visina sOClion 74;36:11:01): 

. k. revising ebapter74:36: 12 (e.g. revising oectioos 74:36;12:01 and 74;36:12:03); 

L	 reviJliDg cbapter 74:36: 13 (e.g. revising oectioos 74:36:13:02. 74:36:13:03,74:36:13:04, 

74:36:13:06,74:36:13:07, BDd 74:36:13:<>8); 

m. revisiagall ofehapter74:36:16; 

Do revising ehaptei-74:36,18 (e.a. revising sectinn 74:36:18:1 0); 

. o. npeallngchapter74:36:19;aud 

p. adding ebaptr:r 74:36:20; iod 

The effilcl oftbr> prqlOS'ld amendmt:als will be to adoPt -mon t<l federal regu!lliOD&. By 

adopliDg the _led omc:n~.the Soalh Dekola sit pollution CODIIOL program rules 

will COJItiD,= to comply wit!. the f<dcral rcgulaliODO, ond South Dakota wil1 mallllain 

ofiU airqua1ily plOgJIIlD. lrIaddition, EPAbaJ passed sevoral oewfecllR! staDdarda that offect South Dako.. SiDO< the So\llh Dokota Depar1Dlent ofEnviIoamem ond 

N.tIIrI1 R.eso1Irces 1asI ..viscd !he AdmlnisIntivc Itilles ofSouIh Dal:ota 74;36. The roles 

will be amended to include lh... new staDdaIQs. 

South Dako..•• Minor and TIll. V air quality operadog pcrIuit I"OgraDlS Ilte a combined 

construellon and 0jlCI1Ili0a pam!t p<OgI3ID. Tbe """" arc bcina: 0IIl0Ilded 10 include • DeW 

coostruc:tion pennit program and amonding the M"mor and TItle V sit quall~ operam,a 

pamit programs to remove the COllSInIctiOll oectiooa in tbao oJlO'Olini permit program•. 

P....",. iolcrCslod in pr1lSCl1ting data, opinions. BDd argurncuts for or ogainst tbc pn>pOIled ameodmc:Dis may do &0 by eppeoriogln _ at the heorina or by submlttillg wrill<:D 

eolDlQtlltS 10 the South Dako.. D<:partrnml ofEnvlniJunent and NIlUnIl Resources at the 

rnailiog address that appelllll below. The department must ..eel.. written COlIlllleIlb by tho 

close ofbusin<ss-on April 14, 2010.10 beconsidCl<d. 

After tbe heoring. the board will consider all _ am! otal collllllCllts 11 roceiv.. on the 

proposed ~"'. The board m.y modify or llII><:od • proposed rule at thot time to 

include or exclude matters that me dcs<:ribed in this ""tie<. 

Notice is further given to iodivicluals with disabilities that this h<ariDg i. being held in a 

phyoicaJly aet<S3ible JlI-. Please notifY the department III least 48 hours before the public 

he>!ring if you hove .pedal need. for wbicb special amngClllonts must be nwle. The 

Ielepbone number for mal:ing speclal arrangements is (605) n3·3111. 

•	 

Copies ofthe proposed rules may be obtained with<lut ehatge from !he 

Kyrik Rombough. Natund Resources Engin=ing Dlrtclor 

Smnh Dako1O Depor1ment of Environment and Natural Resources 

523 Bart Capitol. Joe Foss Building 

P~ South Dakota 57501 

(605)77J.3~ • 

M Pim"'. Seaetary . Deporlll1ent of Envlroomem and NalUr8I Resoulces 

SPORTS BRIEFS 

Pierre parents track 

meeting set for Thursday 1'b5e \loin be • pand fntC.k 8Qd {le)d meetitla 0Cl 

Th"""'" nJ""""'RUoHIil>Schoo'"-'''''''' I!IIl7pJ1L 

Auf pamll 0(1 hish sdlool InId IlDd tirid adlkll: 

IJCCds.Io.uClldlhisftl~ Tbosc"';lhqlk'Slicmstrlll}' eall Caac1l LMsoalt\ 29$-14)8., 

USD to play at Creighton 

in postseason tourney OMA.HA. Nrh - ~~"'ill Mit Sol.ltb OOota in the opc:ninlt rOlhI of tbc ColkgclnDdc:T.ClQ!rI 1.oI.tmII~

m.... 

ODe'time i. Ml. lor 7 p.1ll.. 'n..day a1 Qwesl: CeIl~ """"'. ScMb DakotI cu.') beatH(lUSl.Oft &ptilt 10 ~oin the 

Char. West C<mi:rt:ucc cl1ampiousb:ip UId aD .UlOIlloIIk 

bid to Ibc CoUog~.eam tQwIWDcaL. Cn:iaht~

(16-5') finished tbc JCa50n foLril in tbt: MisISou:ri VaDe)" 

COllf==. 

Jacks pitcher earns honor 

after pair ofbig wins BROOIcrNOS - DlU."tU Silk l.JzlivI;dII1,y ripl.-lJulda' Alax Oberl.e has bct:n MlI\eld SUnmn Leque !'itI::bI:roflbe \IJer:i: al\l:fleadtn;!be ~bbits

10 • ..u (>( vidoriI:s Q¥eI' rujor coalCRntt: OJ'PllClCDlJ 

klsL\~.

A junior from SaJ1 e.ur.. end traMf« froto QbJone Collep, Obale __ h winniI18 pikboc iJ\ 

die JIcbl.bbilJ' ),,2 upset victory (IYG l.c~Wlbd

AIbnsm CD Muda 9. He limited h RamrbDcb to 

llrce bits ad ODe flln in 6 In dminp 'IIfU)e -'.kinB 

tIW'Oo.llldSldk:lswO'lll.\Ine. 

Oberl! imIW"cd l..() QQ the IaUOEl ""ltb I win J.n relie{IItMWleJoU e-I"'~dl14.lntDttCO!lMC,Oberle 

MlnDIIknd fDlll' bits aod pw up OBI nm isl 3 113 i:oaiap. He$tt\lt.koul:t'M>u:d walb400e. Qbel1e 11 the tel:ond Jldnbbi.l pild:lm 10 cam U1c ~t LatLue lVoWd. Tavs 

Yen:rleulcD n:cdved 1hohonot an Mm:b.1's. The laekrabbia...... O\.oenn. an lCbeduied to face 

N~ lilt t ;]S p.m. WedncsSay bd'cre P1DyioB 8 

f~ IICf'teII friday th:ro~ ~. u Notthem 

CoMK.dl:P. 

M'sLee ejected from game TIJCSON, hiL - !bulc t.Carinen ICe Cliff Lee 

-.s ejtcLed from D.SJrirw, tzl.inina gane: Mooday lII/lin3t 

ArilOOl Cor \bJQl..q; lU. Dtamoo:lblW ea.lwr CbriJ 

Snyde<. 

AAtrwani. D:inmo:JdbGc:b third bllRmm Mark 

R~dseallllr:ll.«l·I'ClI.cm ""b\l.!b I~."

Wilh tv.o outs in Ihe boUom lit the tbhd innma. Lee tlnw IIII:l inside pilCh 10 Snyder. tlal klOld OPt jU51. O\'cl' 

lhe:~'Ibr:wi

Sno,,'der \.....Ikc:d IO\ltI:I'd lbt: mound., and ltlc 0up1(J 

and bu.IJpcns emplitd No pl.Bhcs \~ W'o"n. P18tc UIrl~ Bn.n Ko.i8~ lossod Lee but kI Snyder 

stalo'm.thcp.e.. 

ln~f:nI iralln,g.Leeeollidtd \~ Soydc:r",'hilt try10f! to back up tl pltly 11. home plate. B\i 1be ten·lwdC'" 

demed ~ine a.t Soydet ink:nliorwJl)' IID1 SIIid he wam'1 U'yUlB to relQDte 

"J \\o8SCI)'EDg I\) 8.c:'io.1idc lUClaeO\lPIc got .......)' 60m me lIIJd the glJy h1flm& JOl mllid md ami: dO!llll co Lbl'l 

JnouzaciandlaotllJrw,lI.Ol:Iloftbe ptIlc III tlx. prtltCtS," 

Le6aid. ""That's it ill I nUblbclL" 

Laa didD'l bRve mucbof lll\ ~lIMtKJnfOf...-ha1 hI~

~Ul.tbofuslmr.mg.

"I reaDy 401'\'\ know. I "'1.aI"! \ll'l.U:hmg. AD t !;now 

isI \W.ljUStmlJingoo.lbtaroUDd..eol k:n.ocked dOWll..," 

be said. 

Acquired. fmna P!Wadclpbia mil. hi».!nIdc lhisolliaton. Lee was. UB8f'd fot fcur rans IDd • bib bd"orCi 

leavioi bpmc. HClQid il"''U lbc famtirnehc'd bccn 

~""outoralprm,.~gIl1\e.

-CaplIDJJf)flrntatsJo/f_,M'/no~n,~
AKUCU; 74:36 - AIR ~OL~UTION CONTROL PROGRAM 

NOTICE OF PUBLIC HEARING TO REVISE RULES 

, llchearil1gwil! be held in theMlltthewEnvironmental Education lUIllTtaining Center, 

,," 'l:3>uil4m!i;Pierre; South'Dak~til,'hnApriI15, 2010, at 1~:15I\.m. central daylight 

;~;tlrco~~d6r the adoption and amendniegt'of proposedroles~iiillJ,)=d:,' " ~, ' ~> . ". ,.,: , . "), . "::.-.; <~~.{.'

tL,revisingchapter 74:36:01 (e.g. re~i~ing.sections 74:36:<h:oi, 74~36:01:0S. 74:36:01:10" 

74:36,01 :20, and adding section 74:36;01 :21);" , 

b.	 revising chapter 74:36:02 (e.g. revising sections 74:36:02:02 through 74:36:02:05); 

c. revising all ofchapter74:36:03;
 

d.revisingchapter 74:36:04 (e.g. revising sections 74:36:04:02, 74:36:04:03,
 

,7.4:36:04:03.01,74:36:04:04,74:36:04:06, 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,
 

74:3(j:0.bo, 74:36:04:20.01, 74;36:04:20:04, 74:36:04:23,74:36:04:27,74:36:04:32,
 

,. adcjing~on74:36:04:02~01.ana repealing 74:36:04: II); ,, 

e:	 revising chapter 74:36:~S (e.g. revising sections 74:36:05:01, 74:36:05:02, 74:36:05:03, 

74:36:05:Q4; 74:36:95:04.01, 74:36:05:06thiQugh74:36;05~09, 74:36:05:12, 

74:36:05:16.01, 74:36:05: 17, 74:36:05: Ill, 74:36:05:20.01, 74:36:O~;1jjm.

, 74:36:0~:21.01, 74:36!05:28, 74:36:'05:30, 74:36:05:31,74:36:05:32, 74:36:05;S8" ,', 

'74:3.6:05:41, 74:36:05:;12, 74:36:0S:44,;74:36:0S:46~ 74;36:05:Sl,andi-epea.iul$ section 

74:36:05:03.01); " . , , " , , , 

xevisingchapter 74:36:07 (e.g. revising 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 

1hrough 74:36:07:46; 74:36:07:47 througb74:36:07:76, 74:36:07:77 through , 

74:36:07:89, and adding sections 74:36:07:22.01, 74:36:07:46.01, 74:36:07:76.01l1Iid 

74:36:07:90); . 

g.	 revising chapter 74:36:08 (e.g. revising sections 74:36:08:01,74:36:08:02, 

74:36:08:02.01, 74:36:0.8:03thro~,74:2~:q~:192> ~acWllg sections 74:36:08:02.021 74:36:08:02i03,?V4~36:0lt::02.04,'and 7~:3~108:W3'throlllgh(74:36:08:'121}: ! 

';' !J::',revising ch~pt~r''14:36:M(e;ii(:vfsrng:s~:7,ij~;09;~~'jnd 7~6:0!l:03); " . 

i.	 'reviSing chap~ 74:36:10 (e.g. reVising sections 74~36:10:02. 74:36:10:03.01,
 

74:36:10:05; 74:36:10:07 through 74:36:10:.10) ,
 

j.	 revising chapter 74:36:11 (e.g. revisingsection 74:36:1l:01); 

k.	 revising chapter 74;36:12 (e.g. revising sections 74:36:12:01 and 74:36:12:03); 

1.	 revising chapter 74:36:13 (e.g. revising 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);
 

m., revising all of chapter 74:36:16; .
 

n. revising chapter 74:36:18 (e.g. revising section 74:36:18: 10);
 

. o. repealing chapter 74:36: 19; and
 

p.	 adding chapter 74:36;20; and ' 

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 fedCral regulations, and South Dakota will maintain 

approval of its air quality program. In addition, EPA bas passed seveml new federal 

standards that affect South Dakota since the South Dakota Departme1l1 ofEnvironment and 

Natural Resources last revised the Administrative Rules of South Dakota 74:36. The rules 

will be amended to include these new standards. 

South Dakota's Minor and Title V air quality operating peimit programs iIlC a combined 

collStruction 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 opemting 

permit programs to remove the construction sections in these operating permit programs. 

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

amtndmen~, InlfY do so by appearing.in person at the hearing or by submitting written 

con:unents to the South Dakota Department of Environment and Natural Resources at the 

mailing address that appears below. The dql8rttnent must receive written coniments by the 

close of business· on April 14,2010, to be considered.	 . 

After the hearing, the board Will consider all written and oral co~ents it receives o~ the 

)\1roposed amendments. The board may modify or aniend a proposed rule atthat time to 

include or exclude matters that are described in this notice. ..:1 

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

pbysically accessible place. Please notify the dcplirtment atleaSt·48 h<iursbefo~ the public 

hearing if you have special needs for ,which special arrangements must be made. The 

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

Copies of the proposed rules may be obtained without ,cbarge from the 

Kyrik RomboUgh, Natural ResoUrces Engiqeering Director 

South Dakota Department ofEnvironment and Natural Resources 

523 East Capitol, Joe Foss Building 

Pierq::, South Dakota 57501 ' 

•	 (60s)m.31~ • 

, 1lteven M Pirner, SecretaiY 

Department of Environment and Natural Resources 

Pu~lshed once at the total apprcOOmBte cost of $654.64. 
DEPARTMENT of ENVIRONMENT
 

• 

and NATURAL RESOURCES 

PMB 2020 

JOE FOSS BUILDING 

523 EAST CAPITOL 

PIERRE, SOUTH DAKOTA 57501·3182 

denr.sd.gov March 11,2010 

Public Opinion
 

Attention Display Advertising
 

120 3rd Avenue NW
 

POBox 10
 

Watertown, SD 57201-0010
 

Dear Sir or Madam: 

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

issue on or before the 1ih day of March, 2010. 

•
 

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

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

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

Please submit the Affidavit of Publication and invoice to: 

Department of Environment and Natural Resources
 

Division of Environmental Services
 

Air Quality Program
 

523 E. Capitol, Joe Foss Building
 

Pierre, South Dakota 57501
 

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

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

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

Please indicate the dollar amount before publishing in your newspaper. 

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

Sincerely, 

ztJlL r!f, )J;~ ~J(2;yIV

• Uta L. Magedanz t
 

Senior Secretary
 

Air Quality Program
 

Enclosure 
Message Page 1 of 1 

Magedanz, Lita 

-T~: waterto~~~~~;:;~~n-io-n-(Ie;a~s@the-p-Ubli~~-p-in-io-n-.c-o-m-)--------"--

Cc: Rombough, Kyrik; Regynski, Barb 

Subject: FW: Public Notice for Rules 

Dear Sir or Madam: 

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

paper. Please reply to this e-mail upon receipt to verify that you have received it. 

If you have any questions, please call. (Please Note: This is a Display Ad) Thank 

you. 

Sincerely, 

Lita L.Magedanz
 

Senior Secretary
 

Department of Environment and Natural Resources
 

Division of Environmental Services
 

Office of Air Quality Program
 

523 East Capitol Avenue, Joe Foss Building
 

Pierre, South Dakota 57501
 

• Phone# (605) 773-3151
 

Fax#(605) 773-4068
 

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

•
 

03/11/2010
 
... 

• Watertown Public Opinion 

AFFIDAVIT OF PUBLICATION 

STATE OF SOUTH DAKOTA 

COUNTY OF CODINGTON } ss 

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

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

legal newspaper as defined in SDCL 17-2-2.1 through 17-2-2.4, as amended, published at Watertown, Codington County, South Dakota. by 

Watertown Public Opinion; that affiant is and during all of said times 

was an employee of the publisher of such newspaper and has personal 

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

advertisement, a printed copy of which is attached. was published in said 

newspaper upon: 

_....J.!.M....o:und!o!lai!"ly~_. the __1...5""th",--_day of March 2010. 

• 

that the fuJI amount of the fee charged for publishing the same. including a 

$5.00 affidavit fee. to-wit, the sum of llilliinsures solely to the benefit of 

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

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

has been agreed to be paid to any other person. 

Subscribed and sworn to before me this li!.h day of MaKh A.D. 2010. 

(seal)__d~:te"""""· ~~""""-- _ Notary Public, South Dakota 

My commission expires February 28, 2014 

•
 

RECEIVED
 

MAR 31 2010
 

AIR QUALITY 

PROGRAM 
RECEIVED 

Watertown Public Opinion MAR 31 2010 AFFIDAVIT OF PUBLICATION 

I 

I 

, 

I 74,36,Q1.20,andaddlng sectlon,T4.S6.01;21), .' . ...... :. . ..e . 

\ G:',:revlSlngall9f'chaPter74:36:03; ....,," '. :" ',. . 

.'. AR1~ic~E,;74:36 -AIRPO~LUTI.oN CONTROl,.' PFtO~RA"'" . ''NOTICE OF POSL.IC HEARING TO REVIS! RULE$" . '. 

A publlc hearing will be held in tAe Matthew Environmental Education and Tralning Ceriter, Jo.e·Foss Bu,llding, Pierre, $pu~hp~k~. April 15, ~O~~, at 10:15 a.m. centraldaYtlght tlmei·to.oQn~ •. adoption' a':l~,a'n.en~fl,1~rtof propose~ ru!esnu~red:. .' . ,.:.. . 

a.. r~si~~apter 74:36:01'(6;9. revl~ing;s~o~s 74:36:01:01, 74:36:01 :05, 74:SE\:Q1:10, ". 

b.rev!sh:lg '~ap~r. ?~:3G:02 (e.g, revl~li.1g.~ 74:36:02:02 tt:ir~gh 74:36:02:(5); '. . 

d; 'reillsing,chapler74:36:04(e.g; rev/sings-ectlons 74:36:04:02; 74:'36:04:03; 74:36:Qi4:03;Ol , ". . 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:~:Q4:~6 ttlrough7:4:36:04:18, 74:36:04:20, 74:36:04:20.01, 7.4:~6:04:20.04". . .... ' 74:~:P4:23, 74:36:04:27; 74:36:04:32.adding~loi:I, 74:36:04:02:01, and reOElaIi~7~~:()4:11);'

·e. revlsmg chapter.'?4:36:05 (e.g', revIsing sections 74:36:05:01 74:36:05:02, 7.4:~'6:05:00,'··" . .. ' 74:36:05:04, 74:36:05:04;01, 74:36:05:~through74:36:05:b9.74:36:06rt2174:36:06:16;01, .' ... 

. 74:36:05:17; 74:36;05:18, 74:36:Q5:20.01,?4:36:05:20'~'.7~:36:05:~1.P1 ,?4:36~;~8... ..... . ' 7~t36.-05.30, 74.36.05.31, 74.36.05.32,.74.36.05.38, 74.36.05,41, 74.$6.05.42, '14.38.05,44, . . . . 74:36:05:4:6 ]4:36:05:51, and re~aling section 74:36:05:03.0,1); . . . '", '.' . .' 

.,f: revising ctlapt~f7.4:36:07 (e.g; rElViSInd seCtionS' 74:36:07:01 thtOu{1h 74:36:07:07.01, ,74:36:07:09, . .•', 74:36:07:10o:74:36:07:12thl'Ql:lgh 74:~:07:22, 74:36:07:23 ttlrougn 74:36:()7:2S;74:3&:.07·:31 -', . 

through 74.:3.6:07:34. 74:36:0(":36,:7:4:36:07:37; 74:36:07:39through74:36~07:~;7.<t.36:Q7:47· .'. ," 

through 74,:36:q7:76, 74:36:01:77 through 74:36:07:89, andaddirig sections 74:96:07:22.01, . '74:36:07:46.01,74:36:07:76.01 and 74:36:07:90); .' . g, revising chapter 74:36:08 (e·.g; revising sections 74:36:08:01 ,74:36:08:02, 74:36:OS:02.01,' 

74:36:0.8:03 thrQugh 74:36:08:.102, and addiJig 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); .. ' . .' " 

h, r~vising chapter 14:36:09 (e.g; revising sections 74:36:09:02 anll 74:36:09:03); . .' .' 

i,revising.. <:haj)l~ 74;36:10 (e.g..r:evising seotlons74:36:10:02, 74:36:10:03.01,74:36:10:05, ·.74:36:1():(}7 through 74:36:10:10) . . .' .' 

j. revising chaPter 74:36:1119,g; revtsing section 74:36:11:01); '" '.. .' .. .. k. revlsinSfchapter 74:36:12 e.g.' revising-sections 74:36:12:01 and 74:36:12:03); " 

I... reill$lng:cha:pter74:36:13 e.g; raVlsing sections ~4:36:13:02, 74:36:13:03, 74:36:1S:Qi4" . '7:4:36:13:06.74;36:13:07, and7Jf:3Ei:13:08); ' . 

m. revlS!ng!,l1l of cnapter 74:36:1G: : .' '.' , _ n. reviSIng chapter 74:36:18 (e.g: reVlSlO9 sec;tiqn.74:36:18:10); . 0.:.repe8lIng chapter 74:36:19; ar:id ....." . p. adding chapter 74:36:20; and. . . '.' .. . ...~. i·, • . l. . . . , . .,'. , \' . .'. : . 1 , ,i, . The e~' of !tie proposed amendments ,will be 'to adopt revision to federal. re9,ulations. By" adopting the 

proposed amendments, the South DakOta air pollution contrcil'p~ru!es Will co.ntlflue to comp~y with 

'the .fe.dl;lral regulations, anq South Dakpta will maintain approval of its air quality program. In addlti.·on, EPA · h~ pas~~ several new fader!,!1 sta~~ that !,!/f~ South Dakota since the South Dakota OepartmentGf: I . Envlronmen.'8nd NaMal ResourceS IaSt,revlse!;l the Administrative Rules of South Dakota74:36:The rules ',' will be.amended toinctude these new standards. . ',.. ,,: ". '..: -: .:.., 

:.' So~thbak6taisMinor and Tille V ai' quality ;peratin~p~rmll prog~ms ~. Co~b~'i.on!;tfuctio~,iind operating permit program. The rules ara bel"9arnended to Include a new coristructlpnpfl"'!ltprogram ana 

amending the Minor and Tltte Vair quality operatlng·permit programa-to remove·the,oonstrucfien sections· 

,in-these operating permit p~ograms, . I ',,, -:" . 

.Persons int~re~ted in presenting data, opinionS, and arguments for or agillnst thep~d amendn'lEints 

. may do so by appearing In,P$rson ,attl)e hea~il')g. or !lY ~ubmittiog. ~rittE!n,comrnE!n~to tt:le ,~uth,D~"

Department of EnVironment and Na~ural,Resources.at the ,mailing address thiltappearsbelow.The' 

department must receive written comments by the close of busIness on April 14, 2010, to be ooflSidered. 

· After the hearing, the board will consider all wrltteriandoral 'comme'n~ receives:on the ~~an;I~d-­ meritS. The boam may mQdlfy or amend a proposed rule at that time to. include or eXclude matters that are 

deSCiibed In this notICe. • ''. 

,Notice i~ further given to individuals wfthdisabililies that this hearIng Is being held In aptJY$loa"Ya~i. . b1e'plaee. Please notifY the departmentat least 48 hOtlrsbefore the public hearing If yOuha1l9 special needs . for.whictl specfal arrangements must'~e made. The t!llephone number for making special a~emerits Is .' 

(605) 77;3-3151. . " .... •... '."" ' '.. '.;,-:'; ", . 

· CopieS of the proposed rule&' may be~~ \Vitho~ti:hai-ge from'ihe .' .. ...; " :. '. 

. . , .. .' KyrikRombough, Natural Resources Engineering birector '. 

. South Dakota Department of Environment and N'atural Resources' 

529 East Capltol, Joe Foss Building 

Pier'l'erSoulh Dakota 57501 " . (605} 773-3151 . 

.... Steven ~Pimer, Seqretary , ." .'-.,: 

, . . . Department of Envi~cinment and NatUral, "e~~\.'

2Ubll~h~ once at the total apprOXimate cost of .$458;25; L-j 6.3'.],.,

AIR QUALITY 

PROGRAM 

• 

• 
[tEPARTMENT of ENVIRONMENT 

• 

and NATURAL RESOURCES 

PMB 2020 

JOE FOSS BUILDING 

523 EAST CAPITOL 

PIERRE, SOUTH DAKOTA 57501·3182 

denr.sd.gov March 11,2010 

Daily Press &Dakotan
 

Attention Display Advertising
 

319 Walnut
 

POBox 56
 

Yankton, SD 57078-0056
 

Dear Sir or Madam: 

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

issue on or before the 1i h day of March, 2010. 

•
 

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

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

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

Please submit the Affidavit of Publication and invoice to: 

Department of Environment and Natural Resources
 

Division of Environmental Services
 

Air Quality Program
 

523 E. Capitol, Joe Foss Building
 

Pierre, South Dakota 57501
 

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

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

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

Please indicate the dollar amount before pUblishing in your newspaper. 

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

Sincerely, 

t>r 1 ;;(, J11ejtlkl Z/ 

• 

Lita L. Magedanz I
 

Senior Secretary
 

Air Quality Program
 

Enclosure 
Message Page 1 of 1 

Magedanz, Lita ._---._---_._-------------_.-~--~------~----

To: Daily Press & Dakota (classifieds@yankton.net) 

Cc: Rombough, Kyrik; Regynski, Barb 

Subject: FW: Public Notice for Rules 

Dear Sir or Madam: 

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

paper. Please reply to this e-mail upon receipt to verify that you have received it. 

If you have any questions, please call. (Please Note: This is a Display Ad) Thank 

you. 

Sincerely, 

Lita L. Magedanz 

Senior Secretary 

Department of Environment and Natural Resources 

Division of Environmental Services 

Office of Air Quality Program 

523 East Capitol Avenue, Joe Foss Building 

Pierre, South Dakota 57501 

Phone# (605) 773-3151 

Fax# (605) 773-4068 

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

•
 

03/11/2010
 
Department of Environment and Natural Resources 

Division of Environmental Services 

Air Quality Program 

523 E. Capitol, Joe Foss Building 

Pierre, SD 57501 

STATE OF SOUTH DAKOTA 

COUNTY OF YANKTON 

KELLY HERTZ BEING FIRST DULY SWORN ON OATH DEPOSES 

AND SAYS THAT HE IS THE MANAGING EDITOR OF THE YANKTON 

PRINTING COMPANY, A CORPORATION, THE PRINTER AND THE 

PUBLISHER OF THE YANKTON DAILY PRESS AND DAKOTAN, A LEGAL 

DAILY NEWSPAPER PRINTED AND PUBLISHED IN THE CITY OF YANKTON, 

SAID COUNTY AND STATE, AND ONE OF THE OFFICIAL NEWSPAPERS OF 

THE SAID COUNTY OF FACTS STATED IN THIS AFFIDAVIT; THAT THE 

ANNEXED Article 74:36 Air Pollution 

TAKEN FROM THE PAPER IN WHICH IT WAS PUBLISHED IN THE 

NEWSPAPER ON THE 15th DAY OF March 2010 

THAT THE FULL AMOUNT OF THE FEE CHARGED FOR THE PUBLICATION 

OF SAID, Display Ad TO WIT. $168.00 ENSURES TO THE 

BENEFITS OF THE PUBLISHER OF SAID NEWSPAPER AND THAT NO 

AGREEMENT AND UNDERSTANDING FOR THE DIVISION THEREOF HAS 

BEEN MADE WITH ANY OTHER PERSON, AND THAT NO PART THEREOF 

HAS BEEN AGREED TO BE PAID TO ANY PERSON WHOMSOEVER. 

.\ 

.. 

" 

PUBLISHED ON: 

FILED ON: 

3/15/2010 

3/15/2010 

RECEIVED
 

• MAR 17 2010 

AIR QUALITY 

PROGRAM 

•
 

AFFIDA VIT OF PUBLICATION 

YANKTON DAILY PRESS AND DAKOTAN 

.....,

..

fJ 

J,;" 

~I \, 

'. 

I ,'} 

;~i; .,. :
 ?V­

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0 10•
 

10
 

d,·-. ," ','J~tl I,' :

I 

; 

.. 

\ 

.. i 

~." I') 

I' 

,(: 

J.l 

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, .~

.6 " 

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March 2010 \ 

' !, \, . ) .. 

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kn¢LE~4~-AlRPO~tM~~6LP~ .,.··.NOTI~~~~C.~'Il),.~VlSEll~; !'. 

A blic WiIi~'JieId'in lbe MalIhcW&viJ:Omnemal~

m:Tt8.iJlinl~i;)oe~0ss~,Piene;SoudiDakoia,imApioILl~, 2010, at 10:15 a.m:,,~. dll:Yti&bt ume; to 00IISida' !he·lidOptioolind aineuduieat ofproposed:roles numbered: .: 

a. J:CVising cbaptm.74:36:01 (e.g. revising.sections 74:36:01:01, .. 

·74:3Ml:0~,.74:36:01:10,74:36:01:20, and adding Secllon .. 

·.. ~;;~.~~;~~J~~~ ~~ons 74:36;~~:"':i ~all of.74'36'03' .. , .. ; ..' . .'~ .. 

.,i~,# 74;36;fi4' (~i reviSin8 sections 74:36:04:02, '. 

. 74:36:04:03, 74:36:0+:03.()1,· 74:3</:04:04,' 74:36;04:Q6~ .i 

· ;.• 74:36:04:07, 74:36:04;9~,·. 74:36:04:10,74:36:04:12, 

·71:36:04:12.01, '14:36:04: 13,'14:36:p4:lS tbiough 74:36:04:18, 

·74:36:04:20, 74:U:04:20.01,;;'74:36:04~M4,·· 74:36:04:23, 

'74:¥:04:27; 74:36:04:32/. addingseciiOli 74:36:0il:02.01, Bad···. ~g74:36:04:Il); ;~ ..' . : . 

'4;. chapter 74:36:05 (e.g. revising sections 74:~:05:01,

14:3~:05:02,74:36:05:03; 74:36:05:04, 74:~:05:04.01,

, '	 i,74:3~:OS:06' throUgh' 74:36:05:09, 74:36:OS:12,~ 74:36:05:.16.,01, 

l1~AA:OS:17, 74:36~05:18, 74:36:05:20.01,.74:36;05:20.03, 

74;:}:~:0~:21.01!· .7~.:36:05:28: .74:36:05:30: 74=:6:05:31, 711.~:O5.32, 74.36.05:38, 74.36.05.41, 74.36.05.42, 74.36.05.44, 

74:36:05:46, 74t36:0~:51, and repea1ing section 74:36:O5:03.0~);

f•. revising chapter 14:36:07 (e.g. revisiJJg sectiOllS 74:36:07:01 

thli;ugh 74:36:07:07.01;' 14:36:07:09, 74:36:07:10, 74:36:07:12 

~throug1l 74:36:07:22, .74:36:07:23 through 74:36:07:28, 

.74:36:07:31 lhrougb 74:36:07:34, 74:36:07:36, 74:36:07:37, 

74:36:07:39 . through 74:36:07:46; 74:36:07;41 throu~

74:36:07:76, 7~36:07:77 lhrougb 74:36:07:89, and adding sectioDa 74:36:07:22.01, .74:36:07:46.01, 74:36:07:76.01. and 

.' 71:~~:90); . .. .'. , ·t~.chapccr 74:36:08 (e.g. reviq sections .14:36:08:01, 

74:36:08:02, 74:36:08:02.01; 74:36:08:03 through 74:36:08:l(i2, 

and addinB seCtions. 74:36:08:02:02,' 74:36:08:02.03,' . 

:74:3'6:08:02.~, aDd 74:36:08:103 throtlgh 14:36:08:121);. 

·h, lWising cbapter. 74:36:09 (e.g. reYisins sections 74:36:09:02 

llIId 74:36:09:(3); . .... . . ""1 I.. . '. 

trevlsiog chaptcC74:36:,10 (~g. mising sec6011S '?4:36:10:02, . 

74:36:10:03.01; 74:36:10:05,74:36:10:07 dirough'74:36:10:10) 

j. revisiDg cbapItr 74:36:11 (e.g. section 74:36:U;Ql); '•• 

·k .misins chapter 74:36:12 (e.g. 'revisinB ~0IiS 74:36:12:01 

,ilD<l74:36:1~:(3);""" ;... '...' , . .", .. ,...... ',.; l~l ".' ". ,:," .... 

;1 d!'I!\l;Iy?4~li~ L(c:S.· ~;~',J4:36:13:o2,

74.:36: i3:03,! (7~:36~13;04" 74:*: l:~i06,: 1174l3M3:07, .anc!' 

74:36:13:08); .'. ..... '. ..... I •

·':Ii rmlliDB all ofChapter 74:36:16; ...,.,,' \ II. revisln8 cbaptei 74:36: 18 (e.g. revising ~''74:36:18:10); , o. repealing chapter 74:30:19; and . . .' ..' 

p. adding chapter 74:36:20' lmd .... . .. ..' . . . '. .. . '.. ' ..... ) 

~.e4'ect oftbo ~sed~ will be to. adOpt revisiQll to feder· 

al tesida~OIII. By 8dQpIinglbeJllllPQ6ed~"!;'l!Ie ~Ulb .Oak!? 

I
 

I
 

t 

I' 

. ail po~~oa cqI!lrolJll'9~'~willCOliilnue IiiCOJDl>IyWiih1he'f'eilI«~. al .......~I~ l!II'! SoUIb'J)aIrota will maiillBinaPProVal. '. Of il$au- . . "~IIr-~ EPA bas"'~ 'fedcral~·lhiit !

~0Iith Dakota smce 1Iie:~~.~lMtOfEn~~ , 

'lind NalundResoUlCCS last revised die ~~"~eS~('~ D8IoocI74:36. Tho rules will be aincndcd to''lDcIudelhellenew~~ . 

~=~~:~~~.~~..., ~.~foincludca~~' . ~~'.~.~ ~~MIilOi lIlid,nt1eV alt4i!iilitY'~t'~.tO~V»·

~'~iD~~~··~7···· 'f~'£ A.

__

__"~~'iDii":d~" ".. ~~llD!S. ij.j;: , . .'. .' . Y II .. ",,,,.appeanng personjlt. or by SUbmitting written· coDlll1ents to the· South Da1rola • IofEnvironment lIlld NlIIUra1 'at the mailing address

=: f~:n~~a~~~by~· ~·lbo hisaritiilfle bckzd ~~~iill writimr~,~ it' .i 

receivos oadle Mlpcsed l!!JICI!dmi'llts. Tho'lloerd may JI!OdifY or ameod apqosocI N1e.&1 that time toincludc or exclude matters that l!I\ldescribed . in thiI QQtice. . . , 

·NotiCe isfllrth«'given to mdiviilu8Ja witlfciisabiliiies'lbiit dliS be8riJlg iii; . . being hCId ma phySiCally acce$sible plilce.P~ nOtIfY the 

at 1eiIst'48 boiIri'before !be public ~.ifyou havespeeial nCieds for 

which special must be made. The telephone n~ far 

matiDg specla1ll1l1l!J8e1DCII1S is (605) 773-3151. . 

Copies ofthe Proposed rules ~y be oblaincd without cblage frbm· tbe '. . 

Kyrlk RombouJh, NBturat ResourceaEngiDoaingDirectm.. . 

SoIlI,h Dakota DepartmciDt ofEuviromnmt and Natural Resources
 

523 East Capitol, 10e Foss Building • . .
 

Pierre, South Da100Ia 57501
 

(605) 773-3151 . . 

". ". 

:.,... ' 
DEPARTMENT of ENVIRONMENT 

and NATURAL RESOURCES 

PMB 2020
 

JOE FOSS BlIlLDING
 

523 EAST CAPITOL
 

PIERRE, SOUTH DAKOTA 57501·3182
 

denr.sd.gov 

March 11,2010 

The Daily Republic
 

Attention Display Advertising
 

P. O. Box 1288
 

Mitchell, SO 57301-1288
 

Dear Sir or Madam: 

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

on or before the 1t h day of March, 2010. 

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

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

• your invoice will nullify your claim for publication fees. 

Please submit the Affidavit of Publication and invoice to: 

Department of Environment and Natural Resources
 

Division of Environmental Services
 

Air Quality Program
 

523 E. Capitol, Joe Foss Building
 

Pierre, South Dakota 57501
 

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

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

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

amount before pUblishing in your newspaper. 

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

Sincerely, 

Ji,<-l iJ( Ii{'(jeit>nY 

• 

Lita L. Magedanz 

Senior Secretary 

Air Quality Program 

Enclosure 
Message Page 1 of 1 

Magedanz, Lita 

To: Mitchell Daily Republic (dailyclass@mitchellrepublic.com) 

Cc: Rombough, Kyrik; Regynski, Barb 

SUbject: FW: Public Notice for Rules 

Dear Sir or Madam: 

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

paper. Please reply to this e-mail upon receipt to verify that you have received it. 

Tfyou have any questions, please call. (Please Note: This is a Display Ad) Thank 

you. 

Sincerely, 

Lita L. Magedanz 

Senior Secretary 

Department of Environment and Natural Resources 

Division of Environmental Services 

Office of Air Quality Program 

523 East Capitol Avenue, Joe Foss Building 

Pierre, South Dakota 57501. 

Phone# (605) 773-3151 

Fax# (605) 773-4068 

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

•
 

03/11/2010
 
RECEIVED
 

•
 

•
 

•
 

APR 05 20m 

AIR QUALITY
 

PROGRAM
 

AFFIDAVIT OF PUBLICATION 

STATE OF SOUTH DAKOTA ) 

) SS 

COUNTY OF DAVISON ) 

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

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

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

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

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

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

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

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

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

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

was published in said newspaper for _1__ issues(s), to wit: 

3-23-10 2xlO Display Advertisement-Notice of Public Hearing to Revise Rules 

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

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

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

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

whomsoever, that the fees charged for the publication thereof are: _$333.00_ 

Subscribed and sworn to before me this 2idfh day of ...JY1:::U'"c.h ()I]JJ) 

Notary Public 

County ofDavison 

My Commission Expires: 9-15·2012 

Prepared by: The Daily Republic. P.O. Box 1288, Mitchell S.D. 57301 605-996·,5515 
•
 

•
 

AmCLE 74:3'-. AIR. POUUI10N':,00NrmUtLI··' ~QG."JtA.M ,.r 

i .. ::.. '!' '~'. '0 ..... '. . ••

'NOTICE OF PUBLIC BEAlUNG TO:~,Il~::: "~ " A-pubiic ~ilrlng'wirl4»~hClil"~MUm~wEn~~cnl1ltEil'tiClw~~~,' Trilinin'g Center, Joe FosslBuilding;,PieJ"I'C, South Da:k<it8;jpi1Apdl~15;2Q:Ul;lat,' . 10:15 a.m. central daylight time; to consider the adoption :aDltamend,l:oeltt of 

prOposed rules numbered: . .' . '. . .' '. . . ." .' I .. " 

re'6si.ng ,chapter 74:36:01 (e.g; revising sections 74:36:0I:oi, 74:36:01:05. 

74;36:01:10,74:36:01:20, and'adding seetion74:36:01:21); . . 

revisill89hapter 74:36:02 (e.g. revising sections 74:36:02:02 tli'rough 74:36:02:05);' '" ,,; . , .', '.' 

re~g lIP. o~ chapter 74:36:03; '.: '...."...., .. .. reV1SlDg I;bapteF 74:36:04 (e.g. revlSlDg secnons"74:36:04:02, 74:36:04:Q3. 

74:36:04:03.01, ,74:36:04:04,. 74:36:04:06; 74:36:04:07, 74:36:04:'09, '74:36~:l 0, 74:36:04: 12, 74:36:04: 12.0 I, 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:~:27, 74:36:04:32,adlijag section 74:36:04:02.01,and repealiJig 

74:.36:04: H); . ' 

revisiJig chapter 74:36:05 (e.g. revising sections 74:36:05:01" 74:36:05:!)2, 

74:36:<15:03, 74:36:Q5:04, 74:36:05:04,()J, 74:36:05:06 lhrougb.74:36:<l5:09, 

14:36:05:12, 74:36:05:16.01. 74:36:05:17, 74:36:05:18, 74:36;05:20!OI; 

74;36;05:20.03. 74:~6:05;21.01. 74:36:05:28, 74:36:05:,30" 74:3b:OS:31, 

74:36:05:32, 74:36:05:38, 74:36:05:41, 74:3.6:05:42•. 74:36:05:44. 74:36:0~:46, 74:36:05:51, and repealing section 74:36:05:03.01); .....,' 

revising' 'chapter 74:36:07.(e.g. revising 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 74:36:0:7:34. 

74:36:07:36, 74:36:07:37, 74:36:07:39 through 74:36:07:4q; 74:36:~:47

through 74:36:07:76, 74:36:07:77 through 74:36:07:89; and adding sections 

74:36:07:22.01; 74:36:07:46.01, 74:36:07:76.01 and 74:36:07:90); , ... 

revising, chapter 74:36:08 (e.g. revising sections 74:36:08:01, 74:36:08:02,. 

74:36;08:02.01, 74:36:08:03 through 74:36:08:102, and adding' sections 

74:36:08:02,02, 74:36:08:02.03, 74:36:08:02.04, and 74:36:0.8: 103 through 

74:36:08: 121); . '. . 

rev~g chapter 74:36:09 (e.g. revising' sections 74:36:09:02 and 74:36:09:03); · revililfJ.i'chapter 74:36:10.(e.g. revising sections 74:36:10:02, 74:36:10:03.01, , 74:a6:~IO:05, 74:36:10:07 through 74:36:10:10) . . 

'reY.i&i.og chapter 74:36: 11 (e.g. reVising section 74:36: 11:01);. .. reVising chapter 74:36:12 (e.g. revisillg sections 74:36:12:01 and 74:36:12:03); 

ie'visiilg.chapter 74:36:13 (e.g. revising 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); . 

revising all of chapter 74:36:16; , .' 

revisiilg chapter 74:36:18 (e.g. revising section 74:36:18:10); repellfing ch~pter 74:36: 19; and .... , 

addiJig chapter 74:36:20; and 

The effect of the proposed arnendmenis will be:to adopt,revis\cmto fed~liJ regulati.OI1s. By adopting the proposed amendments, the South Dakota air pollution control program rules will c.ontinue to comply with. the fedei'al regula­

!j.ODS. and ,south Dakota will maint8in approval of its air quality pro~ 'In . · addition;' EPA has passed several new fedeial stliDdlirds that affect So!Ith 

Dakota since Ih,e Sooth Dakota Departmeot of ~viromnent a!J!I N~

R~ last revised the Adininistralive Rules of South Dakota 74:36;. The 

rules will be amell\ied to include these new standards. ' .'. •. '.. . Sootjl Dakota~s Minor and Title V air quality operating permit p~,are

a ~binbd construction and operating permit program. The ruIes .llIebeiDg 

.amem1ed.to include a new construction pennit progtam and ~g \be' 

Minm: and Title V air quality operating peimit programs to remove c:onstruction sections in lhcse operating pennit programs. " 

Persons, interested in presenting data, opinions, and argumenls for or against 

the proposed amendments may do so by appearing in perSon at the hearing or by ~bmitling written comments to the Sout\! Dakota 'Department of 

Environment and Natura1Resources,at the mailing addiesS that ap~ below. 

The dep,artment must receive written. comments:by the close of business oD 

April 14, 2010, to be coosidered. . '.... ..... . 

. After the hearing. the board will consider all Yfriiten, and oral COJDmeIl,ls it 

receives'on the proposed arnendrilents. The board may modify or amend a pr0­

posed rule at that time to include or exclude mattei1> thai are described in this ~~ ","
 

Notice is further given to indh:iduals with disabi1iti~ that this hearing is
 

beiilg. held in a physically accesSible \>Iace. Please notify the dep!U1JD.eiitat.
 

least'48 hours before the public hearing if you have s~ial needs for, which.
 

.speciallimlngements must be made: The telephone nuniber formakingspeeial
 

amingemenrs is (605) 773·3151.' . . ."
 

COpi~s of the proposed rules may be obtained without charge f'n>rn the
 

Kyrik Rombough, Natural Resources , Engineering Director. 

South Dakota Department of Environment" 

and Natural Resources 

523 East Capitol, Joe Foss Building 

Pierre, South Dakota 57501 . 

(605) 773-3151 , 

. i~" teven M·Pirnti: SecrellU:Y._. . . . . . 

Department of EnvlIoJiment and NanilaI;~esckces . 

Publi~ once at die toQI\ ilpproxiroate C05t of $333.00..' . " ....".... 
DEPARTMENT of ENVIRONMENT 

• 

and NATURAL RESOURCES 

PMB 2020 

JOE FOSS BUILDING 

523 EAST CAPITOL 

PIERRE, SOUTH DAKOTA 57501·3182 

denr.sd.gov 

March 11, 2010 

Black Hills Pioneer
 

Attention Display Advertising
 

315 Seaton Circle
 

POBox 7
 

Spearfish, SO 57783-0007
 

Dear Sir or Madam: 

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

issue on or before the 1i h day of March, 2010. 

•
 

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

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

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

Please submit the Affidavit of Publication and invoice to: 

Department of Environment and Natural Resources 

Division of Environmental Services 

Air Quality Program 

523 E. Capitol, Joe Foss Building 

Pierre, South Dakota 57501-3181 

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

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

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

Please indicate the dollar amount before pUblishing in your newspaper. 

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

Sincerely, 

~tM~~d~~ Senior Secretary
 • Air Quality Program
 

Enclosure 
Message Page 1 of 1 

Magedanz, Lita ------_....--------_._----------­

.,. To: Black Hills Pioneer (dru@bhpioneer.com) 

Cc: Rombough, Kyrik; Regynski, Barb 

Subject: FW: Public Notice for Rules 

Hello Dru, 

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

paper. Please reply to this e-mail upon receipt to verify that you have received it. 

If you have any questions, please call. (Please Note: This is a Display Ad) Thank 

you. 

Sincerely, 

•

Lita L. Magedanz
 

Senior Secretary
 

Department of Environment and Natural Resources
 

Division of Environmental Services
 

Office of Air Quality Program
 

523 East Capitol Avenue, Joe Foss Building
 

Pierre, South Dakota 57501
 

Phone# (605) 773-3151
 

Fax# (605) 773-4068
 

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

•
 

03/11/2010
 
•	 Affidavit of Publication 

STATE OF SOUTH DAKOTA: 

COUNTY OF LAWRENCE: 

Stewart Huntington of said County and State being first duly sworn, 

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

newspaper of general circulation, printed and published inthe City of 

Spearfish, in said County and State by Stewart Huntington, and has 

been such a newspaper during the times hereinafter mentioned; and 

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

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

herein mentioned, and is printed in whole or in part in an office maintained at the place of publication; and that I, Stewart Huntington, the 

undersigned, am the Publisher of said newspaper and have personal 

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

. bJo=hce- Of B.JD J('c:... tie o..c~n9 

To I<€ v\ts ,-< R'-"''-'--c=-(e.s==--__--,, _ I ~i _ If __ \s o..¥: t'tS:L\Jecy'$ e... e",+

printed copy of hicl:Us hereto attached, was printed and published 

•	 in said newspaper for I succes~tfd consecutive weeks, the 

first publication being made on the day ofMArc./.." ,dOlO, and 

.the last publication on the	 day of , , that the full 

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

$ LI gLf.()(), insures solely to the benefit ofthe publisher of the BLACK 

HILLS PIONEER, that no agreement or understanding for a division 

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

been agreed to be paid to any other person whomsoever. 

Subscribed and sworn to~OffY)t.e4J;""O" ~~d

•	 

RECeJVED 

NAR	 23 2010 

AIR QUALITY 

PROGRAM 
RECE\VED
 

MAR 23 20\0
 

AIR QUALITY 

PROGRAM 

•
 

•
 

At041WU514:36 

mrrll:f-.·M1'...

->1I1ti10Ll.I:J 

A public hearing will. be held in the .Matthew Environmental Education and Training Center, Joe 

Foss Building, Pierre, South Dakota, on April 15, 2010, at 10: 15 a.m. central daylight time. to consider the adoption and amendment 01 proposed rules numbered: 

a. revising chapter 74:36:01 (e.g. revising sections 74:36:01 :01, 74:36:01:05, 74:36:01 :10. 

74:36:01 :20, and adding section 74:36;01 :21); 

b. revising chapter 74:36:02 (e.g. revising sections 74:36:02:02 through 74:36:02:05); 

c. revising all of chapter 74:36:03; 

d. revising chapter 74:36:04 (e.g. revising sections 74:36:04:02, 74:36:04:03, 74:36:04:03.01, 

74:86:04:04, 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. adding section 74:36:04:02.01, and repealing 74:36:04:11); 

e. revising chapter 74:36:05 (e.g. revising sections 74:36:05:01, 74:36:05:02, 74:36:05:~,

74~~:05:q4, 74:~~;9~~P4,Q1 J 74:36:05:06 th~ou9h 74;36;05:09. 'S§:O§;1~, .7~:~9;~5: 16.01, 

~;.:05:17, .. 74:,36:95;.t8, 74:36:05:20.01, .. 74:36:05;20.QS, .'. '\?~~~,:O5;2~

7,~~05:3P, 7ll~;OS~t3i;"'l4:~:05;:S2. 74:SfJ:b5~38. 74:66195:4, ltM~:05:44.

74:$6:05:46, 74:36:05:51, andrepealingseetion 74:36:05:0$:01); '. ' 

f. revising chapt$r ~71f:;3(i:Q7(~.~.revi$ingseqtiOos 74:36:07:01. through 74:36107:07.01, 

74:36:07:09.14:~:.()f:j(). ,74:36:97:12"hrough. 74:$:07:~ 74~~~7:23....~~.•, t~~;07:28.

~4:ae;07:31 tfj~~h '74:3,6;07: 74;~§:07:36. 14:ae:Q7:37. 74; .f7~36:07:46;

·i4;:3.6:07:~7,thrqq9t! '....•;,::;#:~:07::~.t.i!l;~~.· ;~ ~~'~ctlons Y4:OO:07:22'.or.·74:36;0. 1;74:36:07:76,01 arid 00);, . . 

g. revising chapter 74:86:08 (e.g. revising ~ctions 74:~:08::H~)14:~:0tJ:02" ?4';36:08;.02.~1.,

'74~a6:08:03 through 74:;36:08:1 02.:and adding 'seCtions 74:~6~OO:d2st12, 74:36:08:02J.>8. 

74:36:08:02.04, and 74:~:OO:103 through 74;36:08:121); . . 

h.revisin~chapter 74:36:09 (e.g. revising sections 74:36:09:02 and 74:3Q:09:0a); 

i. reviSing chapter 74:36:10 (e.g. revising sections 74:36:10:02, 74:36:10:03.01, 74:36:10:05. 

74:36:10:07 through 74:36:10:10) 

j.revising chapter 74:36:11 (e.g. revising section 74:36:11:01); 

k, revising chapter 74:36:12 (e.g. revising sections 74:36:12:01 and 74:36:14:03); 

L revising chapter 74:36:13 (e.g. revising sections 74:36:13:02. 74:38:13:03. 74:36:13:04, 

74:36:13:06,74:36:13:07, and 74:36:13:08); 

m. revising all of chapter 74;36:16; 

n. revising chapter 74:36:18 (e.g. revising-section 74:36:18:10); 

Q.'repealing chapter 74:36:19; and 

p.aGdinQ chapter 74:36:20; and 

The effect of thePl'OPOSed amendments will be to adopt revision to federal regulations. By adoptlnfl~am$hdlllents,the South Dakota alrpof!lrtion control program ruleswllt continue to 

with :tt\e'federaJregulations, and South Dakota Wlll maintain approval of ItS ~i~quallty pron adciltion. EPAhas.passed several new federal ~ards that affect South.Dakota since the 

akota Department Of EnvironrrlElntand Natural aesouroes laSt r~!~'Adminlstra~

Fl"~South Dakota 7"':3Ei.The rUles will be amfffl~to include'~ ~' :

$bum Dakota's Minor and title V air quality operating p$rmlt.pr.ms8re"a 

tlonand operating, permit pr99~m. The rUles are belng~f!lenQedto~ea~~£lStrUctionpermltpf99Tam and amending the Minor and Trtle V air qualj}yoperatingpeJPlit ~mstotemOYe)'" 

construCtion ~.(!!sjnlh~ operating pennit P~Qg~ .' " . 

persons ln~restedln .• 'og <I~ta. opinions, a~)

tmel'lament$~dOSO . .... 'ai1ngin~on at the' . 

the SouthOakota g~pa~tifEnvlronm!lnl and fit .. ' .' 

~rs.·.betow•. Thedepa.ilt must receive written com•. , .•. bY1be: 

1~(201 O,.to~<GO~kfere9;." ",;:'>., .'.' 

Merth$'~;"U1eb6lilrihV1ll£on.sJder all written atldoraJtom~'it

.nq~nts. The board m~'.modlfy or amend a ~nilji) at,~t_;

matters that are describedlnithis notice. 

Notice is further given tojndivlduals with disabilities that this hearing is being held in a physiaally 

aooessible place. Please notify the department at least 48 hours belore the public hearing if you 

special needs for which special arrangements must be made. The telephone number for mak.­

Ing special arrangements is (605) 773-3151. 

Copies of the proposed rules may be obtained without charge from the
 

Kyrik Rombough, Natural Resources Engineering Director
 

South Dakota Department 01 Environment and Natural Resources
 

523 East Capitol, Joe Foss Building
 

Pierre, South Dakota 57501
 

(605) 773-3151
 

.g. Steven M. Priner
 

Steven M Pirner, Secretary
 

Department of Environmen( and Natural ResourGes
 

PubliSMd once at the total approximate cost of $484.00. 
IN THE MATTER OF THE 

PROMULGATION OF AFFIDAVIT OF MAILING NOTICE 

ADMINISTRATIVE RULES TO INTERESTED PARTIES 

I, Kyrik Rombough, under oath, do swear, that on March 12, 2010, I mailed a copy of the 

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

that the attached list is a true and correct list of all persons who have requested advance notice of 

rule-making proceedings by the Department ofEnvironment and Natural Resources. 

e· 

Subscribed and sworn to
 

before me this day
 

of M.arch , 20 to.
 

.Notary 

~~~ Public - South Dako~
 

(Seal)
 

My Commission expires
 ______,20_.
 

BRENDA At:'lOEI$ON, NelarJhItk
 

MtCommillioa hIlim
 

Octohr 26, .10
 
DEPARTMENT of ENVIRONMENT 

and NATURAL RESOURCES 

PMB 2020
 

JOE FOSS BUILDING
 

523 EAST CAPITOL
 

PIERRE, SOUTH DAKOTA 57501-3182
 

denr.sd.gov
 March 12,2010 

Dale Cockrell 

PO Box 7370 

Kalispell, MT 59904 

Dear Mr. Cockrell: 

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

revisions to the Administrative Rules of South Dakota (ARSD) Article 74:36 - Air Pollution 

Control Program. The effect ofthe 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 the DENR last 

revised the Administrative Rules ofSouth Dakota 74:36. The rules will be amended to include 

these new standards. In addition, 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. 

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

and Environment on April IS, 2010, in the Matthew Environmental Education and Training 

Center, Joe Foss Building, Pierre, South Dakota at 10:15 a.m. central daylight time. The purpose 

of the public hearing is to receive and consider testimony on the adoption of amendments to 

Administrative Rules of South Dakota, Article 74:36 - Air Pollution Control Program. 

Copies ofthe proposed amendments may be obtained, without charge, by calling Lita Magedanz 

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

http://denr.sd.gov/des/aq/agnews/agnews.aspx. Feel free to call me at (605) 773-3151 with any 

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

Sincerely, 

• 

Kyrik Rombough
 

Natural Resources Engineering Director
 

Air Quality Program
 

Enclosure 
•OakCockrell 

PO Box 7370
 

Kalispell, MT 59904
 

Jenny Conger
 

621 8th Street
 

Brookings, SO 57006
 

Richard L Fort
 

Action for the Environment
 

11307 Black Forest Rd
 

Lead, SO 57754
 

Tim Kinsley
 

~lumax Extrusions Inc
 • 

2500 Alumax Road
 

Yankton, SD 57078-9399
 

William Bartholow
 

Asphalt Paving & Materials Company
 

RR 3 Box 94
 

Huron, SO 57350-9306
 

Charles Mickel
 

Attorney at Law
 

PO Box 2859
 

Rapid City, SO 57709-2859
 

David Nelson
 

BAE Systems
 .0 Box 1947
 

Aberdeen, SO 57401
 

Paul Jansen
 

RR#3 Box 62
 

Madison, SD 57042
 

Max Barnett
 

Ace Ready Mix, Inc.
 

2001 N Bahnson
 

Sioux Falls, SO 57103-4419
 

James Nygaard
 

Aggregate Construction Inc
 

PO Box 239
 

Minot, NO 58702-0239
 

John Erickson
 

Anderson Western Inc
 

PO Box 2319
 

Bismarck, ND 58502-2319
 

Deb Mortenson
 

Associated General Contractors
 

Box 488
 

Pierre, SD 57501-0488
 

Paige Baker
 

Badlands National Park
 

PO Box 6
 

Interior, SO 57750
 

Bill Beavers
 

Barnes Hay & Feed Company
 

PO Box 68
 

Gayville, SO 57031-0068
 
"erryMenge 

Basin Electric Power Company 

1717 Interstate Avenue 

Bismarck, ND 58501
 

Blaise Emerson
 

BH Council of Local Govts
 

PO Box 9686
 

Rapid City, SD 57709-9686
 

Tim Rogers
 

Black Hills Corporation
 

PO Box 1400
 

Rapid City, SD 57709-1400
 

Everett E Hoyt 

~lack Hills Fly Fishers 

"4422 Carriage Hills Dr 

Rapid City, SD 57702
 

Dean Berger
 

Black Hills National Forest
 

1019 North 5th Street
 

Custer, SD 57730-8214
 

Darrel Hoyer
 

Black Top Paving Company
 

PO Drawer F
 

Sioux Falls, SD 57101
 

Charles Monson 

Board of Minerals & Environment 

PO Box 1351
 eMilbank, SD 57252
 

Mitch Mahrer
 

Bernard Mahrer Construction
 

POBox 57
 

Rutland, ND 58067
 

Jerry Bajari
 

Bituminuous Paving Inc
 

POBox 6
 

Ortonville, MN 56278
 

Black Hills Corporation
 

PO Box 1400
 

Rapid City, SD 57709-1400
 

Black Hills Group- Sierra Club
 

PO Box 1624
 

Rapid City, SD 57709-1624
 

Nancy Hilding
 

Black Hills Regional Multiple Use Coalit
 

POBox 788
 

Black Hawk, SD 57718
 

Delvin Deboer
 

Board of Certification
 

914 17th Ave S
 

Brookings, SD 57006-4091
 

Lee M McCahren
 

Board of Minerals & Environment
 

PO Box 297
 

Vermillion, SD 57069-0297
 
~ichard C Sweetman 

~B~ard of Minerals and Environment
 

1809 North Terin Circle
 

Sioux Falls, SO 57107
 

Timothy Johns
 

Board of Minerals and Environment
 

203 West Main Street
 

Lead, SO 57754
 

Robert Duxbury
 

Board of Minerals and Environment
 

21030 373rd Avenue
 

Wessington, SD 57381
 

Linda Hilde 

Board of Minerals and Environment 

•	 104 Woodland Drive
 

Madison, SD 57042-0019
 

Jeff Broin
 

Broin Enterprises
 

PO Box 330
 

Scotland, SD 57059
 

Dennis Bucher
 

Bureau of Land Management
 

310 Round Up
 

Belle Fourche, SD 57717-1618
 

John Carlson 

Carlson Construction
 al.? Box 1832
 

..vvinner, SO 57580
 

Glenn Blumhardt
 

Board of Minerals and Environment
 

2014 6th Ave Box 134
 

Bowdle, SO 57428-0134
 

Peter Bullene
 

Board of Minerals and Environment
 

301 20th Avenue SE
 

Watertown, SD 57201
 

Dennis Landguth
 

Board of Minerals and Environment
 

613 Alta Vista Court
 

Rapid City, SD 57701
 

Keith Brokke
 

Border States Paving Inc
 

PO Box 2586
 

Fargo, ND 58108-2586
 

Lloyd Kolker
 

Brower Construction Company
 

PO Box 1137
 

Sioux City, IA 51102
 

Robert Melvin
 

c/o Denver Federal Center
 

PO Box 25546 Bldg 41 Rm 240
 

Denver, CO 80225-0546
 

Charlotte Kraft
 

Citation Publishing
 

5111 N Scottsdale Rd Suite 145
 

Scottsdale, AZ 85250
 
.ugeneHoug 

-City of Yankton
 

PO Box 176
 

Yankton, SD 57078
 

Bradley Cundy
 

Cundy Asphalt Paving Construction Inc
 

PO Box 2469
 

Gillette, WY 82717-2469
 

Dan Odegard
 

Dakota Milling & Grain
 

PO Box 2340
 

Rapid City, SD 57709-2340
 

Alex Huff 

A,Dakota Southern Railroad 

~OBox436

Chamberlain, SD 57325-0436
 

Chris Duininck
 

Duininck Brothers Inc
 

PO Box 208
 

Prinsburg, MN 56281
 

John Mulloy
 

Ellis & Eastern Railroad
 

1201 W Russell
 

Sioux Falls, SD 57104
 

Cathy Atkins 

EPA Region VIII
 &21 19th Street, 4th Floor Rm. 427
 

..,j-enver, CO 80202-2500
 

Jon Mulloy
 

Concrete Materials Company
 

PO Box 84140
 

Sioux Falls, SD 57118
 

Rodney Todd
 

Dakota Block Company
 

PO Box 2920
 

Rapid City, SD 57709-2920
 

Dixie Hendricks
 

Dakota Rural Action
 

POBox 549
 

Brookings, SD 57006
 

Lynn Anderson
 

Dakota, Minnesota & Eastern
 

337 22nd Avenue South
 

Brookings, SD 57006
 

Larry Johnson
 

Dustcoating
 

4463 50th St NE
 

Buffalo, MN 55313-3722
 

William McCollam
 

Ellsworth AFB
 

28 CES/CEV 2013 Scott Drive
 

Ellsworth AFB, SD 57706
 

Amy Platt 8P-AR
 

EPA Region VIII
 

1595 Wynkoop Street
 

Denver, CO 80202
 
~'Icott LaFond 

~Fisher Industries
 

PO Box 1034
 

Dickinson, ND 58602
 

Clara Langdon
 

Fisher Sand & Gravel Co
 

PO Box 1034
 

Dickinson, ND 58602-1034
 

Terese Hruska
 

Golden Reward Mining Co
 

10928 Wharf Road
 

Lead, SD 57754-9704
 

Kathy Glines 

~arding County Auditor 

~OBox26

Buffalo, SD 57720-0026
 

Dave Ohlen
 

Hills Materials Company
 

PO Box 2320
 

Rapid City, SD 57709
 

Todd Duex
 

Homestake Mining Company
 

11457 Bobtail Gulch Street
 

Central City, SD 57754
 

Milton Handel 

Hutchinson County Highway Department
 

a40Euc1id
 

....,livet, SD 57052
 

Rich Schruger 

Fisher Industries 

PO Box 1120
 

Spearfish, SD 57783-7120
 

Gene Nelson
 

GCC Dacotah Inc
 

PO Box 360
 

Rapid City, SD 57709-0360
 

Dell Majure
 

Graphic Packaging International
 

100 Graphic Pkg. Int. Way
 

Macon, GA 31206
 

Harold Higman
 

Higman Sand & Gravel Inc
 

PO Box 109
 

Akron, IA 51001
 

Eric Leverson
 

Hodgman W & Sons Inc
 

PO Box 1100
 

Fairmont, MN 56031-1100
 

Philip Mitzel 

Hub City 

PO Box 1089
 

Aberdeen, SD 57402-1089
 

Andy Detwiler
 

Institute of Atmospheric Sciences
 

501 ESt Joseph Street
 

Rapid City, SD 57701
 
..Icolin Jensen
 

Irving F Jensen Company Inc
 

PO Box 1618
 

Sioux City, IA 511 02
 

Marcia Bowes
 

Jamir Reclamation Inc
 

2915 22nd Avenue S
 

Brookings, SD 57006
 

Kenneth Jensen
 

Jensen Rock & Sand Inc
 

PO Box 609
 

Mobridge, SD 57601
 

Kyle Timmer 

eKrUsC Paving Inc
 

PO Box 1100
 

Fairmont, MN 56031-1100
 

Bill Schultz
 

Lake Sand & GravelIne
 

PO Box 110
 

Lidgerwood, ND 58053
 

Edith Lien
 

Lien Transportation
 

PO Box 40
 

Aberdeen, SD 57401
 

Doug Antonson 

Mereen-Johnson Machine Company
 

~~01 Lyndale Avenue North
 

~inneapolis,MN 55412
 

Jerry Wagner
 

J&J Asphalt Company
 

PO Box 7105
 

Rapid City, SD 57709
 

John Fraser
 

JD Concrete Products
 

RR #5 Box 467C
 

Mitchell, SD 57301
 

Koch Industries Inc
 

POBox 2256
 

Wichita, KS 67201-2256
 

Donald Thomson
 

Lake County LEPC
 

200 E Center
 

Madison, SD 57042
 

Jay V~ Den Top
 

LG Everist Inc
 

PO Box 5829
 

Sioux Falls, SO 57117
 

Don Stella
 

McLaughlin & Schulz Inc
 

PO Box 201
 

Marshall, MN 56258
 

Richard Krull
 

Merillat Industries
 

4300S. Highway 79
 

Rapid City, SO 57701-9616
 
~idwest Assistance Program 

PO Box 81
 

New Prague, MN 56071
 

Andrea Stomberg
 

Montana Dakota Utilities Company
 

400 N 4th Street
 

Bismarck, ND 58501
 

Myrl Unzelman
 

Myrl & Roys Paving Inc
 

1300 N Bahnson
 

Sioux Falls, SD 57103
 

Alan D Dietrich 

Northwestern Public Service Co 

•	 3rd St & Dakota Ave S
 

Huron, SD 57350
 

Terry Graumarm
 

Otter Tail Power Company
 

215 Cascade Street
 

Fergus Falls, MN 56537
 

Joel Brannan
 

Pete Lien and Sons Inc
 

PO Box 440
 

Rapid City, SD 57709-0440
 

Jerry Holsapple
 

PSI
 

2361 S Plaza Drive
 

Rapid City, SD 57702


• 

Floyd A Larsen
 

Missouri River Energy Services
 

3724 W Avera DR
 

Sioux Falls, SD 57108-5750
 

Milt Morris
 

Morris Inc
 

PO Box 1162
 

Pierre, SD 57501
 

Ron Ness
 

ND Petroleum Council
 

120 North 3rd Street
 

Bismarck, ND 58501
 

Bob Cullum
 

Nutech Corporation
 

POBox 872
 

Custer, SD 57730-0872
 

George Kruse
 

Pacer Corporation Company
 

PO Box 912
 

Custer, SD 57730-0912
 

Pat Gray
 

Pope & Talbot Inc
 

POBox 850
 

Spearfish, SD 57783-0850
 

Hugh Dodson 

Raven Industries 

181JNE Avenue 

Sioux Falls, SD 57104-0359
 
..Sharon Chaples 

..Royal C Johnson Veterans Hospital
 

PO Box 5046
 

Sioux Falls, SD
 

Steve Hasenohrl
 

SD Dept of Ag Div of Wildlife Fire Supp
 

4250 Fire Station Rd, STE 2
 

Rapid City, SD 57703
 

Yvonne Taylor
 

SD Municipal League
 

214 E Capitol
 

Pierre, SD 57501-2594
 

Dawna Leitzke
 

SD Petroleum Marketers Assoc
 

PO Box 1058
 • 

Pierre, SD 57501-1058
 

Richard Waldner
 

SD State University
 

Box 2201
 

Brookings, SD 57007
 

Ann Phillips
 

SEMA
 

1575 S Valley Vista Drive
 

Diamond Bar, CA 91765
 

Tim Gossman
 

.Simons Construction Company
 

POBox 397
 

.RaPid City, SD 57709-0397
 

Rebecca Cradduck
 

SD Assoc of Health Care Organizations
 

3708 Brooks Place Suite 1
 

Sioux Falls, SD 57106
 

Steve Willard
 

SD Electric Utility Company
 

POBox 247
 

Pierre, SD 57501-0247
 

Jeanne Koster
 

SD Peace & Justice Cntr
 

PO Box 116
 

Sioux Falls, SD 57101-0116
 

SD Rural Electric Assoc
 

PO Box 1138
 

Pierre, SD 57501-1138
 

Chris Hesla
 

SD Wildlife Federation
 

PO Box 7075
 

Pierre, SD 57501
 

Sierra Club
 

45 E Loucks St Ste 109
 

Sheridan, WY 82801-6329
 

Lynne Keller-Forbes
 

Southeastern Council of Governments
 

500N. Western Avenue, Suite 100
 

Sioux Falls, SD 57104
 
RiChard Waldera 

•	 Spencer Quarries Inc
 

PO Box 198
 

Spencer, SD 57374
 

Pete Bendex 

Starmark 

700 E 48th St N 

Sioux Falls, SD 57104
 

] A Thompson 

T & R Electric 

PO Box 180
 

Colman, SD 57017-0180
 

Katherine Edwards
 

Trinity Consultants
 

106 Main St S Suite 201
 • 

Stillwater, MN 55082
 

Norm Siler 

Union Pacific Railroad 

1416 Dodge Street 

Omaha, NE 68179-0930
 

Wharf Resources Mining Co
 

10928 Wharf Road
 

Lead, SD 57754
 

Superintendent
 

Wind Cave National Park
 

26611 US Highway 385
 .ot Springs, SD 57747-9430
 

Mike Lipp
 

St Lukes Midland Regional Medical Center
 

305 South State Street
 

Aberdeen, SD 57401
 

Nanette Dailey
 

State of South Dakota
 

700 E Broadway Avenue
 

Pierre, SD 57501-2586
 

Steven VoId
 

Toshiba
 

901 North Foster
 

Mitchell, SD 57301
 

Ali Farnoud PhD
 

Trinity Consultants
 

106 Main Street South Suite 201
 

Stillwater, MN 55082
 

Mike Opitz
 

Weatherton Contracting Company Inc
 

POBox 151
 

Beresford, SD 57044
 

Tem Hollomon
 

Williams Pipe Line Company
 

PO Box 3448
 

Tulsa, OK 74101
 

John Chelstrom
 

Xce1 Energy
 

414 Nicollet Mall
 

Minneapolis, MN 55401
 
.Harry Luurs Scott Ridgley 

....Yankton County Hwy Dept Zieglar 

Box 174 8050 State Hwy 101 

Yankton, SD 57078-0174 Shakopee, MN 55379 

•
 

•
 
Message Page 1 of 1 

• Rombough, Kyrik
 ----------_.. _----~----_._-----_._.__._.
 

From: Rombough, Kyrik 

Sent: Thursday, March 18,20104:58 PM 

To: 'Laurel Dygowski' 

Subject: South Dakota Proposed Rule Changes 

Laurel Dygowski
 

EPA Region VIII
 

Denver, CO
 

Dear Ms. Dygowski: 

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

revisions to the Administrative Rules of South Dakota (ARSD) Article 74:36 - Air Pollution 

Control Program. 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 the DENR last 

revised the Administrative Rules of South Dakota 74:36. The rules will be amended to include 

these new standards. In addition, 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 pennit program and amending the Minor and Title V air 

• quality operating permit programs to remove the construction sections. 

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

and Environment on April 15, 20 I0, in the Matthew Environmental Education and Training 

Center, Joe Foss Building, Pierre, South Dakota at 10: 15 a.m. central daylight time. The purpose 

of the public hearing is to receive and consider testimony on the adoption of amendments to 

Administrative Rules of South Dakota, Article 74:36 - Air Pollution Control Program. 

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

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

. http://denr.sd.gov/des/aq/aqnews/aqnews.aspx. Feel free to call. me at (605) 773-3151 with any 

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

Sincerely, 

~~Natural Resources Engineering Director 

Air Quality Program 

•

Enclosure 

04/14/2010
 
BFM 50. 10 

ADMINISTRAT7VE PROCEDURES ACT
 

FISCAL NOTE
 

Prepared by SUbmitting Agency
 

CODE NAME 

DEPARTMENT 20 Department of Environment & NafttrelResol.lrces 

DIVISION 2 Enwfnnmen~/SeN~eS

PROGRAM Air Quality 

PROPOSED RULE: Revisions to ARSD 74:36 

Hoaring Date: April 15, 2010 

FISCAL IMPACT STATEMENT: The proposed rule changes will have minimal impact to all entities. No add/lional staffing or rosouTCefare 

needed. . . 

RSCALNOTESUMMAR~

COST INCREASES (DECREASES) 

State Agencies: 

TOTAL 

Ffrst-Year Impact 

$0 

Continuous-Yearly Impact 

$0 

Local Subdivisions: 

TOTAL $0 SO 

Small Businesses 

TOTAL $0 $0 

•
 

REVENUE INCREASES (DECREASES 

Revenue Increases (DeCreases) 

State, Local & Small BusIness: 

SO $0 

TOTAL $0 $0 

7AA~~t;;;~~~~~~;;;;;;;;C:hr:i;;;;-;;;;---- OA TE __L..... i-,/'-f-/_/i-jl--f(-'-'-O _ 

-r"~" ,. ./ 

A ITA CH: C of pro <hOles; separate sections for: 1) explanation of rules effect, i.e. what p,bcedures, schedules, activities, etc. will 

change wilh its adoption 2) statistics used, and their source, 3) assumptions that were made to arrive at fiscal impact, 4) computations that 

were made. 5)small business impact statement 

Revised June 2004 

• 
• Legislative


Research
 RECEIVED 

South Dakota Council 

MAR 22 2010 

Sen. Jean Hunhoff, Chair 

Rep. Shantel Krebs, Vice Chair DEPT.OFEN~RONMENTAND

NATURAL RESOURCES. 

James Fry, Director SECRETARY'S OFFICE 

Doug Decker, Code Counsel 

March 18,2010 

Mr. Joe Nadenicek 

South Dakota Department of Environment and Natural Resources 

523 East Capitol Avenue 

Pierre, South Dakota 57501 

Dear Mr. Nadenicek: 

• 

The South Dakota Board of Minerals and Environment has proposed the amendment, adoption, or 

repeal of rules in ARSD Chapters 74:36:01 to 74:36:05, inclusive; 74:36:07 to 74:36:13, 

inclusive; 74:36: 16; 74:36: 18; and 74:36: 18 to 74:36:20, inclusive - Air Pollution Control, which 

are scheduled for hearing on April 15, 2010. We have reviewed the proposed rules and approve 

them for legality with the following exception: 

-Beginning with ARSD 74:36:05:04, numerous sections use the term ''this subpart" 

referring to CFR citations in the rule section. A more specific reference to the CFR 

subpart should be provided. This may be a shortened version ofthe CFR citation 

provided at the beginning of each section of subdivision. (See the attached for and style 

recommendations.) 

This letter is based on a preliminary review ofyour rules. Attached are your rules edited for 

form and style pursuant to SDCL 1-26-6.5 and directions for submitting the final draft ofthe 

rules. If you have any questions, please don't hesitate to call me or the staff member who has 

reviewed your rule. 

Sincerely yours, 

!J

DOUg~ cOdeg~~~

DD:TM 

• Cc: Kyrik Rombough, DENR 

State Capitol, SOD East Capitol. Pierre, SD S7S01-S070 

60Sm3"3251!'Fax60Sn73-4576 

http://legis.slatesd,us 
DIRECTIONS FOR SUBMITTING THE FINAL DRAFf 

RULES REVIEW MEETING SCHEDULE: The Interim Rules Review Committee has set the 

following tentative meeting schedule for the 20 I0 interim: April 20, June 8, July 20, August 31, 

September 28, November 17, and December 20. 

A.	 FINAL DRAFT TO LEGISLATIVE RESEARCH COUNCIL: When the final draft of 

the adopted rules is brought to this office for signature for legality and for form and style, 

please include the following items: 

1. The edited copy ofthe first draft; 

2. One legible copy ofthe final draft, to be left here. The final draft should be double spaced, 

contain only rules being amended, repealed, or adopted, and show changes from current 

printed rules by means of overstrikes and underscores; 

3. The original Form # II which contains the signature ofthe officer empowered to adopt the 

rules or the signatures of a majority ofthe members of a board or commission which has 

the rule~making authority; and 

4. Copies ofthe following: 

a. The minutes of all public hearings, (a summary ofthe minutes if needed); and 

b. The affidavit of mailing to Rules Committee members - Form #12. 

• B. SERVICE ON COMMITTEE: The following information is to be served on the interim 

Rules Review Committee at least five days before the committee meeting date: 

1. The final draft ofthe adopted rules (three-holed punched and numbered by page); 

2. The minutes ofthe public hearing; 

a. Include a summary ofthe hearing if a verbatim transcript is used; 

b. Include a summary of any subsequent hearing ifthe public hearing is continued or final 

action is taken at a later date; 

3. A summary ofthe written comments or copies of the written comments; 

4. The Impact Statement on Small Business; 

5. The Fiscal Note; and 

6. Agency financial resource information if the agency proposes a rule to increase a fee. 

First class mail, e-mail, or both should be used (See Form #12). 

C. FILING WITH THE SECRETARY OF STATE'S OFFICE (After appearing before the 

Interim Rules Review Committee) 

• 

Each agency must complete and sign all documents before filing the certificate of compliance 

with Chapter 1-26 and the final draft of the rules with the Secretary of State's Office. Although it 

is not required by statute, the Secretary of State's Office would like to have a copy ofthe approval 

signature sheet with the filing of the final draft and the certificate. 
DEPARTMENT of ENVIRONMENT 

and NATURAL RESOURCES 

PMB 2020 

JOE FOSS BUILDING 

523 EAST CAPITOL 

PIERRE, SOUTH DAKOTA 57501·3182 

May 14,2010 wwv\(.state.sd.us/denr 

MEMO TO:	 Doug Decker 

Code Counsel 

Legislative Research Council 

FROM:	 Kyrik R~gh, Natural Resources Engineering Director 

Air Quality Program 

SUBJECT:	 Final Draft of Amendments to ARSD 74:36 - Air Pollution Control 

Program 

I have enclosed a packet pertaining to the final draft ofthe revisions to ARSD 74:36 - Air 

Pollution Control: 

• The enclosed packet contains the following docwnents: 

•	 A copy of the first draft of the revisions; 

•	 A copy of Legislative Research Council's recommended changes 

•	 A copy ofthe final draft approved by the Board ofMinerals and Environment 

•	 The original form #11, which contains the signatures of a majority ofthe members ofthe Board 

of Minerals and Environment; 

•	 A copy of the affidavit of the mailing to the Rules Committee members; 

•	 A copy ofthe minutes for the April 15, 2010, Board of Minerals and Environment meeting. 

If you have any concerns or questions, please contact me at (605) 773-3151 . 

•
 
•
 

Chapter 

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74:36:05 

• 74:36:06 

74:36:07 

74:36:08 

74:36:09 

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ARTICLE 74:36 

AIR POLLUTION CONTROL PROGRAM 

Definitions.
 

Ambient air quality.
 

Air quality episodes.
 

Operating permits for minor sources.
 

Operating pennits for Part 70 sources.
 

Regulated air pollutant emissions.
 

New source perfonnance standards.
 

National emission standards for hazardous air pollutants.
 

Prevention of significant deterioration.
 

New source review.
 

perfonnance testing.
 

Control of visible emissions.
 

Continuous emission monitoring systems.
 

Variances, Repealed.
 

Open burning, Transferred or Repealed.
 

Acid rain program.
 

Rapid City street sanding and deicing.
 
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. 

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 April 22, 1993; 33 SDR 43, effective September 18,2006.
 

General Authority: SDCL 34A-1-6, 34A-1-18.
 

Law Implemented: SDCL 34A-1-18.
 

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 pennit prior to 

beginning actual construction. . 

Source: 30 SDR 26, effective September 1,2003; 33 SDR 43, effective September 18,2006.
 

General Authority: SDCL 34A-1-6, 34A-1-18.
 

Law Implemented: SDCL 34A-1-18.
 

74:36:09:02. Prevention of significant deterioration. For the purposes of this chapter, the 

state's d~finitions and -requirements for the prevention of significant deterioration are those in 40 

C.P.R. § 52.21 (July 1, 2009), except for 40 C.P.R. § 52.2l(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 1,2009) with the following differences: 

(1) For the purposes of this section, all tenus defined in this section have the meaning 

defined in 40 C.F.R. § 52.21, except for the tenn "administrator" which means the secretary with 

the following exceptions: 

(a) In 40 C.F.R. §§ 52.2 1(b)(3)(iii) and 52.2l(b)(37)(iii), the term "administrator" means 

either the secretary or the administrator of EPA, as applicable; 

(b) In 40 C.F.R. .§§ 52.21(w)(2) to 52.2l(w)(4), inclusive, the term "administrator" means 

either the secretary or the administrator of EPA, as applicable; 
(c) In 40 C.F.R. §§ 52.21(b)(17); 52.21(b)(37)(i); 52.21(b)(43); 52.21(b)(48)(ii)(c); 

52.21 (b)(50)(i); 52.21 (g)(1) to 52.21 (g)(6), inclusive; 52.21 (1)(2); and 52.21 (p)(2) the term 

"administrator" means the administrator of EPA; 

(2) For the purposes of this section, the term "Act" means the Clean Air Act; 

(3) For the purposes of this section, in 40 C.F.R. § 52.21(c), the Class I areas in South 

Dakota are Wind Cave National Park and the Badlands National Park; 

(4) For the purposes of this section, 40 C.F.R § 52.21 (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. § 52.2I(r)(6) is incorporated by reference 

exc~uding 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. § 52.2I(v)(1) is incorporated by reference 

excluding the phrase, "under 40 CFR 124.10"; and 

(8) For the purposes of this section, 40 C.F.R. § 52.2l(w)(I) is incorporated by reference 

excluding the phrase, "expires under paragraph (s) of this section or". 

The secretary shall transmit to the administrator of the EPA a copy of each permit 

application subject to this section and shall notify the administrator of the EPA of each significant 

action the secretary takes on the application. 

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 30 

SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 33 SDR 43, 

effective September 18, 2006; 33 SDR 217, effective June 13,2007; 36 SDR 207, effective June 

28,2010. 

General Authority: SDCL 34A-1-6, 34A-1~18.

Law Implemented: SDCL 34A-I-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) (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)(1 ) the phrase "specified time 

period" means 60 days; 

(3) For the purposes of this section, in 40 C.F.R. § 51. 166(q)(2)(iv), the term "administrator" 

means the administrator of EPA; 

(4) For the purposes of this section, in 40 C.F.R. § 5L166(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; 36 SDR 207, effective June 28,2010.
 

General Authority: SDCL 34A-1-6, 34A-1-18.
 

Law Implemented: SDCL 34A-1-18.
 

CHAPTER 74:36:10 

NEW SOURCE REVIEW 

Section 

74:36:10:01 Applicability. 

74:36: 10:02 Definitions. 

74:36:10:03 Repealed. 

74:36: 10:03.01 New source review preconstruction permit required. 

74:36: 10:04 Repealed. 

74:36:10:05 New source review preconstruction permit. 

74:36: 10:06 Causing or contributing to a violation of any national ambient air quality standard. 

74:36: 10:07 Determining credit for emission offsets. 

74:36: 10:08 Projected actual emissions. 

74:36: 10:09 Clean unit test for emission units subject to lowest achievable emission rate.