### ,:~-)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 ofthe Department of Environment and Natural Resources (DENR) has been delegated by the Governor ofSouth 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 ofMinerals 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 ofthe changes which you should attach to EPA's current version ofthe Administrative Rules ofSouth 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 ofthese 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 ofthese requests. Please contact Kyrik Rombough at (605) 773-315 I, ifyou have any questions.

Steven M. Pirncr Secretary Enclosures

" q , : I'

### PART V - PROCEDURE FOR ADOPTING PERMANENT RULES Notice: Serve head ofdepartment with a copy of (I) admission ofservice (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

ofFinance and Management (BFM), publication ofnotice, 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 ofservice (Form 3 or 4 as applicable); (2) notice ofhearing; (3) fiscal note; (4) proposed rules

- double spaced; (5) (LRC only) copies ofadmission ofservice on department secretary and authorization to proceed (Forms 1 and 2); (6) (LRC only) one copy ofany materials incorporated by reference. The materials will be returned after the review is complete; and (7) Small Business Impact Statement (Form 14) SDCL 1-26-4(2)

Ifndes have a negative fiscal impact on local political

subdivisions, ask BFM to send a copy ofits fiscal note to South Dakota Municipal League, Associated School Boards ofSouth Dakota, and South Dakota County Commissioners Association. SDCL ] -26-4.2

Publish notice ofhearing in a manner selected to notify

persons likely to be affected; minimum legal test is publication ofnotice in at least three newspapers ofgeneral circulation in different parts ofthe state. 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) 1-26-6.5Hold public hearing. Ifa board or commission has rule-making authority, a majority ofthc board or commission must be present at the hearing. Keep comment period open for tcn days following hearing;

however, ifagency is part-time citizen board orpart-time commission, closc comment period at end ofhearing unless hearing is specifically continued to take additional comments. 

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

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

body with the authority to adopt them (Form J 1). Serve Rules Committee with minutes ofpublic hearing,

complete record ofwritten comments, and final draft ofrules after hearing. Serve final draft ofrules with Legislative Research Council

and obtain signature ofLRC approving the rules for legality and for form and style (Form 11). Appear**an~** present rules to the Interim Rules

Review Committee. 

### Filing with Secretary ofState: File a copy ofForm 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 ofState ifthe agency has appeared before the Rules Committee and minutes and final rules were served on the Rules Committee and ifall signatures have been obtained. No more than 75 days may elapse between when the ageney's public hearing commences and the rules are filed with the Secretary ofState. 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 ofState. Rules are finally effective on July I after the next SDCL 1-26-6

legislative session.

### PROCEDURE FORADOPTING 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 ofhearing and send notice to interested persons Wait 20 days



### Step 4 Form 10 Hold public hearing Wait 10 days unless the entity promulgating the rules is a board or a multiperson decision maker 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 ofFinance and Management, and Form 8, affidavit ofpublication, which is provided by the newspapers publishing your notice. Keep the originals ofall ofthese documents in your agency files except for Form 13, the certificatc, the 

# I Step 5

Form II original ofwhich must be filed with Adopt rules the Secretary ofState. 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 ofhearing to Rules Committee. Appear and present rules to the Committee



### Step 7 Form 13 File rules and certificate ofcompliance with Secretary ofState Wait 20 days Form II be filed with the rules and the certificate (Step 7). A more detailed explanation ofthis entire process is contained in the Administrative Procedures Act, SDCL chapter 1-26.

Rules arc effective

# Final Check List
Form Date Completed Admission ofService (Form 1) March 3, 2010 Waiver ofWaiting Period (Form 2) March 3, 2010 LRC Admission ofService (Form 3) March 11,2010 BFM Admission ofService (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 ofPublication (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 ofService (Form 12) May 13,2010 Certificate (Form 13) BNIE
­ 

### April15, 2010 Sec. ofState

- June 8,2010 Small Business Impact (Form 14) March 3, 2010Message 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 ofEnvironment and Natural (DENR) implements federal air quality programs to meet requirement under the Clean Air Act. DENRimplements those programs through the regulations established in Administrative Rules ofSouth 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 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 BudgetTrading Program because the underlying federal regulations were vacated by the court system and EPA no longer plans to pursue those regulations; 5) Include 

### aConstruction 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 Constructionpermit program. DENRis committed to working with citizens, industry, and other interested organizationsto develop workable regulations that protect the environment and allowbusinesses 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 sendyour 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 plansto publish a fonnal public notice toward the end ofFebruary 2010, announcing a rule hearing in front ofthe Board ofMinerals 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



# •

02/12/2010Message 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 ofEnvironment and Natural (DENR) implements federal air quality programs to meet requirement underthe Clean Air Act. DENR implements those programs through the regulations established in Administrative Rules ofSouth 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 withthe 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 permitprogram 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 permitprogram.


# • 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 20f2

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 ofthe Board ofMinerals and Environment in March 2010. Ifyou have any questions, please contact me at 605-773-3151. Thankyou for assisting us jn this rule making process. Sincerely,
Kyrik. Rombough Natural Resources Engineering Director Air Quality Program 

# •

•

02112/2010Message 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 SouthDakota 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 ofSouth 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 Perfonnance Standards and National Emission Standards for Hazardous Air Pollutants that EPA has recently promulgated and/or South Dakotahas 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 pennitprogram. DENR is committed to working with citizens, industry, and other interested organizations to develop workable regulations thatprotect 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 DENRplans to publish a fonnal public notice toward the end ofFebruary 2010, announcing a rule hearing in front ofthe Board ofMinerals and Environment in March 2010. Ifyou have any questions, please contactme at**605·773~3151.** 

### Thank you for assisting us in this rule making process. Sincerely,
Kyrik Rombough Natural Resources Engineering Director Air Quality Program



# •

02/12/2010Message 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

DearMr. Nelson The Air Quality Program within the South Dakota Department ofEnvironment and Natural (DENR) implements federal air quality programs to meetrequirement under the Clean Air Act. DENR implements those programs through the regulations established in Administrative Rules ofSouthDakota (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 ofthe reference to ensure the regulationsreference 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 pennitprogram for new sources and modification to existing sources; and 6) Revise the Minor and the Title V operating permitprograms 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 thatprotect the environment and allow businesses the freedom to stay competitive. I have attached a copy ofthe proposed revisions for yourreview and comments. Words thathave 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 andNatural Resources Air Quality Program

02/12/2010

### Message Page 2 of2

PM 2020 Joe Foss Building 523 East Capitol Pierre, South Dakota 57501 

# •

DENRplans to publish a fonnal public notice toward the end ofFebruary 2010, announcing a rule hearing in front ofthe Board ofMinerals 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



# •

02/12/2010Message 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 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 ofSouth 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-ta-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 permitprogram.


# • 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 onthe 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 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 DENRplans to publish a fonnal public notice toward the end ofFebruary 2010, announcing a nile hearing in front ofthe Board ofMinerals 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: 'DWiebers@petelien.com' Cc: Rombough, Kyrik Subject: Air Quality Rule Revisions
January 22, 20I0

Ms. Danielle Wiebers Pete Lien and Sons Inc
Dear Mr. Wiebers 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 ofSouth Dakota (ARSD) Article 74:36

- AirPollution 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 thathave red and overstrikes represent deletions and blue, bold and underlined represent additions. Please send your comments onthe 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 ofMinerals 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 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 ofEnvironment and Natural (DENR) implements federal air quality programs to meetrequirement under the Clean Air Act. DENR implements those programs through the regulations established in Administrative Rules 

# • ofSouth Dakota (ARSD) Article 74:36

- AirPollution 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 

### andlor South Dakotahas 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 ofEnvironment and Natural Resources Air Quality Program



### 02112/2010

### Message Page 2 of2

PM 2020 Joe Foss Building 523 East Capitol Pierre, South Dakota 57501 DENRplans to publish a fonnal public notice toward the end ofFebruary 2010, announcing a rule hearing in front ofthe Board ofMinerals 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 

# •

•

02/12/2010Message 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 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 ofSouth Dakota (ARSD) Article 74:36

- AirPollution Control Program. DENR is proposing to revise ARSD Article 74:36. A summary ofthose proposed changes are as follows: 1) Update the defmitions associated withthe air quality program to ensure the definitions are up-to-date and consistent with other chapters inthe 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 modificationto 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. DENRis committed to working with citizens, industry, and other interested organizations to develop workable regulations that protectthe environment and allow businesses the freedom to stay competitive. I have attached a copy ofthe proposed revisions for your review and comments. Words thathave red and overstrikes represent deletions and blue, bold and underlined represent additions. Please send your comments onthe draft revisions to me either by email atKyrik.Rombough@state.sd.us orby 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 DENRplans to publish a formal public notice toward the end ofFebruary 2010, announcing a rule hearing in front ofthe Board ofMinerals and Environment in March 2010. 

### Ifyou have any questions, please contact me at 605-773-3151. Thankyou 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 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 

# • ofSouth 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 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 ofMinerals 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 

# •

•

02/12/2010Message 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 

# • ofSouth Dakota (ARSD) Article 74:36

- AirPollution 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 inthe 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 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 pennitprogram 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 pennitprogram.


# • 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
02/12/2010Message Page 2 of2

PM 2020 Joe Foss Building 523 East Capitol Pierre, South Dakota 57501 DENRplans to publish a formal public notice toward the end ofFebruary 2010, announcing a rule hearing in front ofthe Board ofMinerals and Environment in March 2010. Ifyou have any questions, please contactme at 605-773-3151. Thank you for assisting us in this rule making process. Sincerely,
Kyrik Rombough Natural Resources Engineering Director Air Quality Program 

# •

•

02/12/2010Message 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 ofEnvironment and Natural (DENR) implements federal air quality programs to meet requirement underthe Clean Air Act. DENR implements those programs through the regulations established in Administrative Rules ofSouth Dakota (ARSD) Article 74:36

- Air Pollution Control Program. DENRis 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 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 DENRplans to publish a fonnal public notice toward the end ofFebruary 2010, announcing a rule hearing in front ofthe Board ofMinerals 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 

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02/12/2010

### Message Page 1 of2 Rombough, Kyrik 

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• 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 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 ofSouth 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 permitprograms 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 DENRplans to publish a formal public notice toward the end ofFebruary 2010, announcing a rule hearing in front ofthe Board ofMinerals 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 

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02/12/2010•



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• 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 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 ofSouth 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 onthe 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 DENRplans to publish a formal public notice toward the end ofFebruary 2010, announcing a rule hearing in front ofthe Board ofMinerals 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 

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02/12/2010•



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• 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 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 ofSouth 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 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 ofthe 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 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 committedto 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 DENRplans to publish a formal public notice toward the end ofFebruary 2010, announcing a rule hearing in front ofthe Board ofMinerals and Environment 

### in March 2010. Ifyou have any questions, please contact me at 605-773-3151. Thankyoufor assisting us 

### in this rule making process. Sincerely,
Kyrik Rombough Natural Resources Engineering Director Air Quality Program 

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02/12/2010Message Page 1 of2 

### Rombough, Kyrik

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• 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 ofEnvironment and Natural (DENR) implements federal air quality programs to meetrequirement under the Clean Air Act. DENR implements those programs through the regulations established in Administrative Rules ofSouth 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 ofthe 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 BudgetTrading Program because the underlying federal regulations were vacated by the court system and EPA no longerplans 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 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 orby mail at the following address by February 12, 2010
. South Dakota Department ofEnvironment andNatural Resources Air Quality ;Program

02/12/2010

### Message Page 2 of2

PM 2020 Joe Foss Building 523 East Capitol Pierre, South Dakota 57501 DENRplans to publish a formal public notice toward the end ofFebruary 2010, announcing a rule hearing in front ofthe Board ofMinerals 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 

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•

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 ofEnvironment and Natural (DENR) implements federal air quality programs to meet requirement under the Clean Air Act. DENRimplements those programs through the regulations established in Administrative Rules ofSouth 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 permitprogram 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 thathave 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 DENRplans to publish a formal public notice toward the end ofFebruary 2010, announcing a rule hearing in front ofthe Board ofMinerals and Environplent 

### 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 

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02/12/2010..



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• 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 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 ofSouth 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 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 ofEnvironment and Natural Resources Air Quality Program PM 2020 Joe Foss Building 523 East Capitol Pierre, South Dakota 57501 DENRplans to publish a fonnal public notice toward the end ofFebruary 2010, announcing a rule hearing in front ofthe Board ofMinerals 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 

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02/12/2010Rombough. 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

1Mr. 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 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 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 

# •

2Page 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 ofbeing mobile or portable. 

### We have considered building a pad and installing panels to hook up a generator, but either maintainthe 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 ofneed only
. Thank you,. Jim Lane • Jim Lane email: jim.lane@advancedbioenergy.com Regulatory Compliance Manager Ph (605) 226-9109.
. Heartland Grain fuels. LLC Cell (605) 216-5012 

## !iDVANCEDdBIOfN.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


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02/]2/20]0

### Message Page 1of3 

### Rombough, 

### Kyrik



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• 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 offiling 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 ofthe 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, recordkeeping 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

02112/2010Message Page 2 of3

January 22, 2010

Mr. Terry Graumann OtterTail Power Company
Dear

### Mr. Graumann The Air Quality Program within the South Dakota Department ofEnvironment andNatural (DENR) implements federal air quality programs to meetrequirement under the Clean Air Act. DENR implements those programs through the regulations established 

### in Administrative Rules ofSouth Dakota (ARSD) Article 74:36

- Air Pollution Control Program. DENRis proposing to revise ARSD Article 74:36. A summary ofthose 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 ofthe 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 thatEPA 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 Constructionpermitprogram 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 pennitprogram. •

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 PM 2020 Joe Foss Building 523 East Capitol Pierre, South Dakota 57501 DENRplans to publish a fonnal public notice toward the end ofFebruary 2010, announcing a rule hearing in front ofthe Board ofMinerals and Environment in March 2010. Ifyouhave any questions, please contact me at 605-773-3151. Thank you for assisting us in this rule making process. • Sincerely,

02/12/2010Message Page 3 of3

Kyrik Rombough Natural Resources Engineering Director Air Quality Program



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02/12/201074:36:07:90 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)
. 

# •
129Source: 33 SDR 217, effectiveJune 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... n

## J) /V/{:.$ combnstionttllbines. 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: 

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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 conelilion::; 

### iusti lied under SDCL 341-\-1- 19
. SOllrce: GencraIAuthorit\': 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** isling soureel An Ilpplication is complete j!' il meets the requirements in § 74:36:20:07. So 1I1'ce: General Authority: SDCL 34A-I-6, 34.1-\-1-21. Law Implemented: SDCL 34A

.. J-21,

29874:36:20:07. Req nil'cd contents ofcomplete application for a construction permit. An application for a constl"llction permit for a new SO 1Ircc,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.§.§_ifditTercnt from the company name; lli) The owner's name and agent, and (c) The nJant site manager or contillet. (2) A description ofthe plan! and its processes and products; (3) The following information on emissions: U!.LldeI)JificJ!.ti9,lJ and description ofall emission units; 

# •

(b) Fuels, fuel use, ra"" materials, and production rates; (c) Identilication and description ofail' 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**  deviccs;

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

# •

1Romboush. 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 KBKyrik: 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 To: 'Laurel Dygowski'; 'Monica Morales -' 'platt.amy@epa.gov' 

# •

Cc: Rombough, Kyrik 2Subject: Air Quality Rule Revisions

# ~nuarY 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 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 3Natural 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 ofMinerals 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 ofchapter 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 ofEnvironment 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 ofchapter 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 ofthe Department ofEnvironment and Natural Resources, waive the fifteen-day waiting period before proceeding with the promulgation ofthe Board ofMinerals 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 ofchapter 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 :03.0 1); 

# • 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 ofchapter 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 ofthe 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 ofSouth Dakota (ARSD) to allow South Dakota the authority to implement those rules instead ofa federal agency out ofDenver, 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 (pleaseprovide a brief explanation, then sign, date, andsubmit form. Questions 2 

### through 8 

### do not needto be answered) 

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

- Questions 2 through 

### 8 do not needto be answered) 2. A general narrative and overview ofthe effect ofthe 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 ofa 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 ofall 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 ofgasoline. 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 eitherbottom filling the storage tank or by using a 

### fill pipe that extends to within a few inches ofthe bottom ofthe tank. Forthose 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 orprevented 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 ofcomplying would be offset and recovered over time by the cost savings involved in the more efficient use oflabor and paints. 3. What is the basis for the enactment ofthe 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 ofthose 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 ofSouth Dakota to allow South Dakota to implement and enforce the regulations instead ofdirectly by EPA.5. What small businesses or types ofsmall businesses would be subject to the rule? The rules would impact gas stations and autobody repair businesses. 6. Estimate the number ofsmall 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 

## oUnknown

- 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 submitto 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 ofthe leak detection and repair program, the maintenance and monitoring ofany applicable control equipment, initial compliance report and the copy ofthe 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 ofpaint usage, operator training, use ofa spray booth, initial compliance notification and annual compliance reports. If"yes," what type ofprofessional 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 ofa CPA to complete the reports and/or records 

## o It 

### is likely that a small business person would need the assistance ofan attorney to complete the reports and/or records 

## o Other 

# o Unknown

- please explain

_ 8. Are there any less intrusive or less costly methods to achieve the purpose ofthe rule (i.e. fewer reports, less recordkeeping, lower penalties)? 

### X No

- please explain 

# • This is a federal regulation. Both the gas stations and autobody repair facilities are required to meet these requirements regardless ifDENR adopts these regulations. DYes

- please explain 

# '?_. Approved by:

__ _ Secretary ofthe Department ofEnvironment 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: Briefdescription offiscal 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-YearlyImpact
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 DATE
..... (- /

# £-N'~'**/~==,,~w~='** Signature Department Secretary

# . , 

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

### (l)The Board ofMinerals and Environmentproposed 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 ofchapter 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 ofchapter 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 ofhearing, (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\arc

# 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 ofMinerals 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 ofchapter 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 ofchapter 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 ofhearing, 

# • (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 ofFinance 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

- OperatingPermits for Part 70 Sources 4 6.0 Chapter 74:36:07

- New Source Performance Standards 5 

### 7.0 Chapter 74:36:08

- National Emission Standardsfor Hazardous Air Pollutants 5 

### 8.0 Chapter 74:36:09

- Prevention ofSignificantDeterioration 6 

### 9.0 Chapter 74:36:10

- New SourceReview 7 10.0 

### Chapter 74:36:11- Performance Testing 7 

# • 11.0 

### Chapter 74:36: 12

- Control ofVisible Emissions 7 12.0 

### Chapter74:36:13

- Continuous Emission Monitoring Systems 7 13.0 

### Chapter74:36: 16

- Acid Rain Program 7 14.0 

### Chapter 74:36:18

- Regulations for StateFacilities in the Rapid City Area 7 15.0 

### Chapter 74:36:19

- Mercury Budget TradingProgram 7 16.0 

### Chapter 74:36:20

- Construction Permits forNew Sources orModifications 8 

### 17.0 Response to Initial Comments 8 u 

### Appendix A Proposed Amendments to ARSD 74:36

- Air Pollution Control Program 

# •

# • 1.0 

### Background The Air Quality Program within the South Dakota Department ofEnvironment 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 submitthe 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 ifthe 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 ofSouth Dakota (ARSD) are part ofSouth 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 ofSignificant Deterioration program; • Chapter 74:36:10

- New source review; • Chapter 74:36: 11

- Performance testing; • Chapter 74:36: 12

- Control ofvisible 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 DENRto 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 ofin 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 thatare 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 airquality program is to request delegation ofthe program. The first step inrequesting delegations is to adopt state rules that are equivalent to the federal regulations. The easiest method DENRhas 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 Rainprogram. 

# • 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 constructionpermit 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 manyyears by allowing DENRto 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 bythis 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 penn

### itmeets all ofSouth 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 boththe 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 Chapter74:36:01

- Definitions Periodically chapter 74:36:01 is reviewed to ensure all definitions are**up~to-date** and consistent withthe other chapters 

### in the Air Quality Program. 

### DENR is proposingto revise this chapterto 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 ofcompounds 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 compoundswere 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 ofthe definitions reference a specific year ofthe federal regulations. These definitions are being revised to reflect the most current version ofthe federal reference; and 4. Two new phrases are being defined in this chapter associated with the addition ofa construction pennit program. The proposed definitions 

### will define whatconstitutes a "construction penn

### it" and "commenced construction." 3.0 Chapters 74:36:02

- Ambient Air Quality and 74:36:03

- Air QualityEpisodes 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 isproposing a construction permit program. Therefore, this chapter needs only to cover the operation of 

# • the source. The chapter is beingrevised to remove the references that a permit be obtained prior to construction or modification ofanexisting 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 ofexempt 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 ofthe exemptions for an emission unit involves burning waste oil meeting the requirements ofARSD 74:28:27:01. This exemption does not distinguish between the size ofequipment or the amount ofair emissions generated. This exemption could be construed not to require a pennit for a boiler at a powerplant. This sectionis 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 ofsmall businesses would still meet one ofthe other noted exemptions; 5. There are certain sections in this chapter that reference a specific year ofthe federal regulations. These references are being revised to reflect the most current version ofthe federal reference; and 6. Section 74:36:04: II is being repealed since the main portion ofthis section is already stated in section 74:36:04: 10. 

# • 5.0 Chapter74:36:05

- 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 orNSR 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 ofthose 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 ofan 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 ofthe 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 ornew 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 ofperformance for equipment leaks ofVOC in petroleum refineries; and d. ARSD 74:36:07:90

- Standards ofperformance 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 ofthe 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;

5f. 

### 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 ofARSD 74:36:08:35. ARSD 74:36:08:93 was to cover polyurethane foam production facilities and notpolyurethane foam fabrication facilities, which are covered by ARSD 74:36:08:35. This section will be revised to incorporate the appropriate type offacility. 

### 8.0 Chapter 74:36:09

- Prevention ofSignificant Deterioration This chapter reference a specific year ofthe 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 chapterreference 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 ofthe federal regulations. These references are being revised to reflect the most current version ofthe federal reference. 11.0 Chapter 74:36:12 - Control 

### ofVisible Emissions This chapter reference a specific year ofthe 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 chapterreference a specific year ofthe federal regulations. These references are being revised to reflect thc most current version ofthe federal reference. 

# • 13.0 Chapter 74:36:16 - Acid Rain Program This chapter reference a specific year ofthe federal regulations. These references are being revised to reflect the most current version ofthe 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 opacityrequirement. The method is partof Tennessee's state implementation plan and is not directly listed in the code offederal 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 powerplants by approximately 70% nation-wide. In September 2006, South Dakota promulgated regulations to implementthe Clean Air Mercury Rule. On February 8, 2008, the D.C. Circuit vacated EPA's rule removing powerplants from the 

# • Clean Air Act list ofsources ofhazardous 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

7to have the Suprement Courtreview the D.C. Circuit Court's decision. Instead, EPAplans to develop mercury standards for power plants under a different portion ofClean AirAct. Since the underlying federal regualtions have been vacated by the court system and EPA no longer plans to pursue these types ofregulations, 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 concernthat 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 ofthe 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 ofthe Clean Air Act. Even though DENR disagrees with EPA's concern on our Title V permitting program, DENR is proposing itconstruction pennitting program to eliminate the confusion on which conditions are due to construction ofa 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 ofthat 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 pennitdecision, which will be heard by the Board ofMinerals 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 ofthe comments received and DENR's responses follows: 1. 

### Comment: "
... question the elimination ofthe 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 ofthese newemergency generators. An emergency generator can not be considered an insignificant activity ifa 

# • 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 orequal to 25 tons peryear (ARSD 74:36:04:02.01(1)). However, a newemergency generator would still have to meet the requirements ofthe 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 ofbeing mobile orportable?" 

### 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 orthat is not subject to standards promulgated under section III (New Source Perfonnance Standards) or 202 (mobile sources) ofthe federal Clean Air Act. A more specific definition ofa 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 shorterperiod oftime for an enginelocated 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 ofthe federal CleanAir Act. Therefore, a portable emergency generatoris considered a nonroad engine and not subjectto pennitting. This was more ofa 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 originallypart 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 ora modified source submits its application. For sources that construct orreconstruct a major source ofhazardous 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) ofthe 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 ofany 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 "Ifavailable" at the beginning ofthe 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 ofSouth 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 ofcommenced construction. DENRconsidered the comment; but did not propose any changes to the draft rule revisions. 7. 

### Comment:"

... consider adding a provision
... contents ofconstruction permit that would allow for construction and operation ofunits 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 ofthe 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 ifso, 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 notexempt Subparts EEEEEE, FFFFFF, GGGGGG, YYYYY, MMMMMM, and SSSSSS from obtaining a Title V pennit." Response: Some ofthe area source hazardous air pollutantregulations allowa source to be exemptfrom the obligationto 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 1 153(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. DENRremoved 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 ofSouth Dakota 

### 74:36:08:02.02, 74:36:08:02.03, and 74:36:08:02.04 should reference 40 CFRPart 61 instead of40 CFR Part 60." Response: The federal regulations DENR is recommending to include do come from 40 CFRPart 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. DENRwill revise ARSD 74:36:07:03 to the correct federal citations. 11. Comment: "The title ofARSD 74:36:07:74 should be revised to clarify volatile organic compounds are addressed
... " Response: DENR 

### will revise the title ofARSD 74:36:07:74 from "Standards of performance for volatile organic emissions from polymer manufacturing industry" to "Standards ofperformance 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 ofthe chapter. Catchlines are not part ofthe**rules~** Everything 

# • in the catchline that is essential to the rule must be repeated inthe body ofthe rule. The important part ofthe 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 modificationto an existing source will be required to apply for and obtain a constructionpermit priorto constructing the facility or modification under one ofthe 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 pennitprogram. DENR will identify this with a note at the end ofARSD 74:36:04:06 and 74:36:05:08. IS. Comment: "Minor Permit Amendment is inconsistent with Part 70 definition ofa 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 amajor modification under the Prevention ofSignificant Deterioration program, a major modification under the Part 70 pennitting program, and a minor modification underthe Part 70 permitting program. DENR considers the term minor permit amendment instead ofminor 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. 

### Itis recommended that for those Administrative Rules ofSouth 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 offederal 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 ofSouth 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. Ifyou 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 ofEnvironmental 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.magedanz@state.sd.us



# •

03/11/2010Affidavit 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 ofthe facts herein stated; that said newspaper is a legal newspaper and has a bona fide circulation of at least two hundred copies of each issue daily; that said newspaper has been published within the said County of Brookings and State of South Dakota, for more than one year prior to the first publication of Exhibit "A," hereto attached and herein mentioned, and was and is printed that the Legal Display "Air Pollution Control" a printed copy ofwhich, 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

# ~0 Notary Public in and for the County**-of~B:::-",-oo-:k~in-g-s-,** 

### '="southDakOta
----­ 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 1

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

# ~~**i7f.)}/~l-k'Y** 

# • Lita 

### L. Magedanz Senior Secretary Air Quality Program EnclosureMessage 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. Ifyou 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 ofEnvironmental 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 1

## i 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 EnclosureMessage 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. Ifyou 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 ofEnvironmental Services Office ofAir 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 OFPUBLICATION Madison Daily Leader 1M 

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



### ..................**§.~.~** 

### ..**~.~n.~** 

# ..**~.~.~9...................** of the City of Madison, County of Lake, State ofSouth Dakota, being first duly swornonoath, 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 publicationofthenotice hereunto attached, and has during all ofsaidtime 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, Inc arge 0 eave ISing department thereof and has personal knowledge ofall the facts stated in this affidavit and the advertisementheaded



### ................**~.~.p..~.~~~~~** 

### ..**9.~.§.~.~~.~9.~.~~.~~.~.~~** 

### ..**~.~~~E.~.I** 

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

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### ..**~~:** 

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# ..**?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 oftheweek, 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 ofthe fees for publication of the attached notice inuressolely for the benefitofthepublisherofthe said newspaper; that no arrangement or understanding for a division thereofhas been made with any otherperson and that no partthereofhas been agreed to be paid to any other
person

# whomsoeve~**~.l!tt** 

# ..P.-/lRli.**~~......................** Subscribed and sworn to before me this

### ~.~.~.~ dayof Mareh 2 10

............................................................................................, 0 .



# ........**~:1J..n** 

# ;;:: 

# 'i<o.d

. Notary Public, Lake County, South Dakota Publication Fees $

.. NotaryFees $

. Total------ $

.. Received Payment,

### \



### ...**'~'·.::·,,,:!'''t·** .....' ,';" "**.,.::.~:** ..:'" ._{. ": -{>. " ..•. ,:". ' ,.1. I, 

# ;,\**,~.~~~1:;S~6'~~:i~~in::ttb~~~~~~~1~\~dl' l;:~ng** **~~r;,J§e.:~~u~I:iing,Pie~, SoUth~;QitAPrll15,,~9,.'**  .. .'I;**3¢jl~;).5** arn ic,eri1;tii1l day ttiine,toconsider,the lldoptionand,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!'1J ;**J"~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, revisingchapter74:36:04 (e.g. revisiIigsecti.ons74:36:04:02,74:36&';;, ; '

..... · ...... 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·cbapter74:36:05 (e.g. revi,sing sections74:36:05:01;**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, andre: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**

. tions74:36:07:22.01,**74;36:07:46.01,74;36:(17:·7,6.01~liJld** 14:36:07:90); '.''.,
· ',.**~sing** chapter74:36:(}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.**  revisingsection74:36:11:01);
. k.**~vising** chapter 74:36:12 (e.g. revising sections 74:36:12:01 and,

74:36:12:(3);'.
. . . l revisingchapter74:36:13 (e.g. revising sections74:36:13:02,74:36:13:03,

. 74:36:13:04,74:36:13:06,74:36:13:07, and 74:36:13:(8); m. revising allofchapter74:36:16;
. .' ri. revising chapter74:36:18 (e.g. revising section'74:36:18:10); 

### '0. J;epealingchapter74:36:19; and '.
. .

·p; i' dding chapter74:36:20; and . " . 

### 11t.ttlf,**~t** .. ofthe prop?S.ed amendments will be to adoptrevision

### ~.{~~~ ..

. ons., By adopting the proposed amendq1ents, the. S9utl,1**D~ ~r**  ; .

.**~ij1iabn** control programrules will continueto complyWlth.the**fec;i~teg-** , ulatioris, cind SouthDakotawill maintainapprovalof its airqualtt;yprbgl'am. 

### .'**~~~itml!~f\~** paa,sed 'qth

... several**newfede~l** stan?ards!-ba.**~~~ D~** **s~~~~~~~~ Dl!k~**  Departnumt ofEnVUQnpJ@t· .•.. 1'81
.

.**ReSO~~::W'1~th~Adtninistrative Ru.l~**  9fSouth**D~** 74;:. J**'fl.I~**

rules will**be~~e<lto'mclude** these new**stahd~rds.** '. '.' 

# •

# '.

•

•**"'~U~:D*ota'SMiD.3t** andTitle'Vair

### q~~ op(!1'8.tipgpe'rtnitpragralll$'aJ:e­ ,a**<»~in~** eoDStruetiQnandoperatingpermit**p~ Therule$~beiIJg** **~dedto** include,a new constr.uction pennitprogram and amendinj'tJ;Ie Minorand Title YairqUality operatingpennitpt'ogriUns to remove the:cOnstruction sections in theseoperatiDgpermitprograms. . Pen/onS intei'estedln presenting**d~tii,** opinionS, and arguments fot pr**ag~".'pl.st** the**prop~.amen~ents** maydo so pyai>,Peartng,in**~o~at~e** st1 '.**h~orfu{** submittingwntten**~omments~t.b:eSQuth Dakof:aP.4:!pat1:nj,~** 

.**'of'~vironm~nt** andNaturalResources atthe**~iling** address,

### tlta.t**app~** below, The departmentroustreceive writtencomments bythe,Close ofbUs!. 

## ness

# on Aprii 14, 2010.to beconsidered.
. .

. Afterthe hearing, the board will'considerall

## ~u.en and orai

## coriunen~. b

, receives on thepl'9P.,OSedamendrnent5,. The boilrd,:1p8Y modifY

### oramend,a**prop~ruIe** atth8ttimeto .include or'exclude.**ma~rstliatare d~ribOO.** 

iIi this

## notice. . ' . ,
.. ," , Notieels further given**tob:idi~dualswitb~:disabi1ities** that thiS hearing'is '

. beingheld in a**pbysi~** ,acees.,iblepliuie,:**Pl~not!1Y ~e** **d~pat1ment** at least48hoursbeforethepublicbeanngifyoUhavespecial:needs forWhich'**~lli** amumementsmtistbemade. ThetA;!lephone,number**fOl'm~'SP,e ~ia1**  arrangements is (605) 773-3151. ," .', " . Copies of the proposecI rules**~aybe** obtained w.lttiout charge**fro~** the:,
, R;vrik Rombough,' Natural Resources EngineeringDirector SouthD,akotaDepartmentofE;nvironment**an~ N~tural**  Resot.lteeS , " , 523 EastCapitol,Joe FOss Building

, Piel7e. South Dakota 57501 (605) 773-3151
.

..., . . ','**~ve~ LJ,!'J.~W1~t,3rY.** **Dep~rtm~nt** pfEnvironroer,.tarid**'Na~~jl~es**

. ' .... " ),';: "" '.." ," . Pulllished

# once atthe

### 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 1

### ylh 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, 

# xiif· M4jufC#!l 

# • Lita L. Magedanz Senior Secretary Air Quality Program EnclosureMessage 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. Ifyou 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 ofEnvironmental 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 ofEnviroment 523 

### S Capita) Ave Pierre, SD 57501 DETACH THIS STUB AND RETURN wnll PAYMENT PAYMENTDUE UPON RECEIPT AFFIDAVIT OF PUBLICATIONCustomer Number: 078340 OrderNumber 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 ofsuch newspaper and has personal knowledge ofthe facts stated in this affidavit; that the notice, order or advertisement, a printed copy ofwhich is hereto attached, was published in said newspaper upon
Wed the 17 day of March 2010 , the day of 2009, ,the day of 2009,



### -- ,the day of 2009,

was charged for publishingthe same

Notary Public, South Dakota My Commission expires November 3,2012

# •

•

• ARTICLE 74:36 -AIRPOLLtmON" (' 

## 'CONTROLPROORAM
. NOTICEOFPUBLIC 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 considerthe adoption and amendment ofproposedrules**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 ofchaplet74:36:03; d.**~Ising** Chapter74:36:04 (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 IhrlJugh**74:~: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 cbapter74:36:05 (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 ehapter74:36:07 (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!h74:36:07:28. 74:36:07:31 through
· 74:36:07:34.74=*:07:36.74:36:07:37.74:36:07:3!l tbrough74:36:07:46;**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, 74:36:08:03tbrougll74:36:08:102, 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** chapter74:36: 10 (e.g. revising s.wons74:36: 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.pler74:36:12 (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** ofchapter74:36: 16; n. re,vising chapter74:36:18 (e,g. revising section 74:36: 18: 10); o.**fepeaungC:hapter74:36:I~;** and p. lIiiding ehapter74:36:20; 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, EPAbas passed seven! De'lV fedcral srandardll1hal atreot

. ·SOUiBtlikota 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 toinclude**~.new** SI.llldardS.,· ': '., .' SolllhiDakota's Minor &rIl1Thle V ail: quality operating permil programs uea 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 operatingpermitprogram,. "
.. illleleSted in pieses!ringdala, opinions,.**an~ ar~1S** **r~** or**a~Ainat 11)e'~**  IImcndmcncs may. do so byappeanng 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~** 1I1t!leJ;l1l1iling**tIlat-appears-~,!,:** . The**~I** miiat reoili",' writlen**~eill'** bY,!Iie close of**~ineS$** OIl April 14\2010, tobe!: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 toindMduals with disabilities that Ibis hearing

### isbeiD8

.belli in aphysically eccessiblepl=
..Please notify the dq>lutmenl atlea8l48 houn before Ibe pnbUc IieariDg ifyou 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 of

### the P\'OPOsed ru1es may be obtaiDedwithou.tcb3rge from Ibe Kyrik Rombough, Natufal Resources'Engin-ms Director ., Soulb Dakota DepartmentofEnvironment 8nd Natural Resources ' 523 East Capitol, Joe Foss Building
. '.' < Piene. South Dakota 57501 (605) 773.3151

Sleven MPin\er.**~retary** . Qepartment ofEnvironment and Nallmll R.C3OUlCe8 Published once al thelOIB1appMximate 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 ofthe public notice. Please indicate the dollar amount before publishing in your newspaper. If you have any questions, please contact this office at (605) 773-3151. Sincerely, 

# X;flL**Xh14j~r** 

# • Lita 

### L. Magedanz Senior Secretary Air Quality Program EnclosureMessage 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. Ifyou 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 ofEnvironmental 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.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 OFSOUTHDAKOTA County of Pennington 55.

.**.l..P..5.411tt:.u"'<Jo·"q"-,;(L...J,<I/,",{.~"'-....J.Q=Yecea.O** ---" beingfirst duly sworn, upon heroathsays: That she is now and was ataU times hereinafter mentioned,
an employee ofthe RAPID CITYJOURNAL COMPANY, a carporation, 

### of RilpidCity, South Dakota, the ownerandpublisherof the RAPID CITYJOURNAL, alegal and dailynewspaperprinted. andpublished in Rapid City, in said County ofPennington,. and has

### full &md personal ktwwledge ofall the

### Jacts herein stated asfollows: that said newspaper is and at all ofthe times herein

. . mentioned has been alegal and dtUly newspaper with a bonafide paid circulatian 

### of at 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 admittedto the United States mail wuier the second clilss mailingprivilegefor at least <meyear prior to the publication herein mentioned; that the advertisement, aprinted, captj of which, takenfrom said RAPID CITYJOURNAL, the paper in whuh the same waspublished, isattached to this sheetand made apart 

### of

this affidiroit, waspublished in saidpaperonce each '.leek jar---'

__--'o::>Ja:x.o:e:o.- successive

__-'- m"""",..,.,"'k""-

__--', the first publicatian thereofbeing on the S,d
...aT=nth day of tIlamh
. cila/Q ,that thefees chargedjarthe publicaHmt thereof a7e 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 beingfirst duly SWGrIl, r

. upan her oath says: That she is now and was at

### an times hereinafter mentioned,

an ernplayee ofthe RAPID CITY JOURNAL COMPANY, a corporation, of Rapid City, South Dakota, the owner andpublisherof theRAPID CITYJOURNAL, alegal anii r1JJiIy newspaperprinted andpublished in Rapid City, in said County ofPenningtan, and hasfull and persanal knowledge ofall thefacts herein stated asfollows: that said newspaper is and at 1411 ofthe times hereit. mentioned has been a legal and daily newspaper with a bonafide paid circulation ofat leastTwo Hundred copies r1JJily, anii has been printed and published in the English Ianguo.ge, atand 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:uilege

### for at least one year prior to the publication herein mentioned; that the advertise ment, aprinted, copy 

### ofwhich, taken

### from said RAPID CITY JOURNAL, the paperin which the same was published, is atfached to this sheet andmade apart ofthis affidiroit, waspublished in saidpaperonce each ..reek 

### for**-"'O"'n~e'"'__~--_** successive

__--'-_.Jaw

..**e""""~J<s::.** .J, the first publication thereofbeing on the se\(eot="Tb day 

### of tv'lamh ., dlplO . that the fees cho.rged

### fart1 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 andsworn 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 ofthe public notice. Please indicate the dollar amount before publishing in your newspaper. Ifyou 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 EnclosureMessage 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. 

### Ifyou 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 ofEnvironmental 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 ofSouth Dakota, County ofHughes 

# 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 ofthe facts herein stated, that said newspaper is a legal newspaper as 

### defined in SDCL 17-2-2.1 through 17-2-2.4 inclusive, that said newspaper has been published within the said Couney ofHughes and State ofSouth 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 ofwhich, taken from the paper in which the same was publish , and which is hereto 

### atrached and made a parr ofthis 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 ofthe fee charged for the publication ofthe attached public notice inures to 

### the sale benefit ofthe publisher or publishers; that no agreement or understanding for the division thereofhas been made with any other person, and that no part thereofhas been 

### agreed to 

### be paid 

### to any petr-:"::<ver; that the fees charged for the publication thereofare: $ 

## \05'=!.

## :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~~Uth Dak:ra
. My Commission expires .....:L

........ 

## l <\ •20.l5...-.82· TIJESDAY. MARCH 16.2010 WWW.CAPJOURNALCOM 

## SPORTS 

## 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 ormoJo**~la.)'lc4m** mlhe 2004Atboo:I**tbcBAlCOc..~.** allTctroar: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=ilwwldDlC'o'e 2MSrdD=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**:r.c°:!~~m~~ ronnal~iDtotbc** **rbt~rcam1edbr** 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 PUBUCHEAIt1NG

### ro REVISE RULES A public bcoriag will be held in the MallhewEn'JiroDmClllalIlducallOll ondTra!Ilfllg Centu. Joe Poss Building, Picm. South Dakota, 011April 15.2010, all0:15 Lm. ceolnl! dayligh1 time, to considerthe adopliOll 81ld omendmOlll of_sedrules 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!pler74:36:02 (e.g. ",visingse<li0lll74:36:02:02 thrOll8h 74:36:02:05); t. revi>ing sIJ ofcIlspltt74:36:03; d. ECVIsIog cbspter 74:36:04 (e.g. n:visiDg scdioas74:36:04:02, 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, andrepcaIirl£ 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·through74:36:07:22.74;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,

74:36:10:05,74:36:10:07tbroush 74:36:10:10) J. ",vising ehap<er74;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 effilcloftbr> prqlOS'ld amendmt:als will beto adoPt -mon t<l federal regu!lliOD&. By adopliDg the _led**omc:n~.** the SoalhDekolasitpollution CODIIOLprogram rules will COJItiD,= to complywit!. the f<dcral rcgulaliODO, ond SouthDakota wil1 mallllain ofiU airqua1ily plOgJIIlD. lrIaddition, EPAbaJ passed sevoral oewfecllR! staDdarda thatoffect South Dako
..SiDO< the So\llhDokota Depar1Dlent ofEnviIoamem ond N.tIIrI1 R.eso1Irces 1asI
..viscd !he AdmlnisIntivc Itilles ofSouIh Dal:ota74;36. Theroles will be amended to include lh
...new staDdaIQs. South Dako
..•• Minor andTIll.Vairquality operadog pcrIuit I"OgraDlS Iltea combined construellon and0jlCI1Ili0apam!tp<OgI3ID. Tbe """" arc bcina: 0IIl0Ilded 10 include • DeW coostruc:tion pennit program and amonding the M"morandTItleV sit**quall~** operam,a pamitprograms to remove the COllSInIctiOll oectiooa in tbaooJlO'Olini permitprogram•. P....",.iolcrCslod inpr1lSCl1ting data, opinions. BDd argurncuts for or ogainsttbc pn>pOIled ameodmc:Dis may do &0 by eppeoriogln

_ atthe heorina orby submlttillg wrill<:D eolDlQtlltS 10 the South Dako
..D<:partrnml ofEnvlniJunent and NIlUnIl Resources atthe rnailiog address that appelllll below. Thedepartment 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 11roceiv
.. onthe proposed**~"'.** The board m.y modify orllII><:od • proposed ruleatthot timeto include or exclude matters that me dcs<:ribed in this ""tie<. Notice is further given to iodivicluals with disabilities thatthis h<ariDg i. being held in a phyoicaJly aet<S3ibleJlI-. Please notifY the department III least 48 hours before thepublic he>!ring ifyou 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=ingDlrtclor Smnh Dako1O Depor1ment ofEnvironment and Natural Resources 523 Bart Capitol.Joe Foss Building**P~** South Dakota 57501**(605)77J.3~** •
MPim"'. Seaetary
. Deporlll1ent ofEnvlroomem and NalUr8I Resoulces SPORTS BRIEFS Pierreparentstrack meetingsetfor 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 toplay atCreighton

inpostseasontourney OMA.HA. Nrh

-**~~** "'ill Mit Sol.ltb OOota in the opc:ninlt rOlhI oftbc ColkgclnDdc:T.ClQ!rI**1.oI.tmII~** m .... ODe'time i. Ml. lor7 p.1ll.. 'n..day a1 Qwesl:**CeIl~** 

### """"'. ScMb DakotIcu.') 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 JCa50nfoLril intbt: MisISou:ri VaDe)" COllf==.

Jacks pitcherearnshonor

after pairof bigwins 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'sLeeejectedfromgame TIJCSON, hiL
- !bulc t.Carinen ICe Cliff Lee -.sejtcLed 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 litthe tbhdinnma. Lee tlnw IIII:l insidepilCh 10 Snyder. tlalklOld OPtjU51. O\'cl'**lhe:~'Ibr:wi**

Sno,,'der \
.....Ikc:d IO\ltI:I'd lbt: mound., and ltlc 0up1(J and bu.IJpcns emplitd Nopl.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 ptIlcIII tlx. prtltCtS," Le6aid. ""That's it ill I nUblbclL" LaadidD'l bRve mucbof lll\**~lIMtKJn** fOf...-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'dbccn**~""outoralprm,.~gIl1\e. -CaplIDJJf)flrntatsJo/f_,M'/no~n,~** AKUCU; 74:36

- AIR**~OL~UTION** CONTROL PROGRAM NOTICE OF PUBLIC HEARINGTO 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 section74:36;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.revisingchapter74:36:04 (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~on 74:36:04:02~01.**  ana repealing74:36:04: 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 sections74:36:07:01 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 ofchapter 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 ofthe proposed amendments will be to adopt revision to federal regulations. By adopting the proposed amendments, the South Dakota airpollution control programrules will continue to comply with the fedCral regulations, and South Dakota will maintain approval ofits air quality program. In addition, EPA bas passed seveml newfederal standards that affect South Dakota since the South Dakota Departme1l1 ofEnvironment and Natural Resources last revised the Administrative Rules ofSouth Dakota74:36. The rules will be amended to include these new standards. South Dakota's Minor and Title Vair quality operating peimitprograms iIlCa 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 permitprograms to removethe construction sections inthese operatingpermit programs. Persons interested in preseBting data, opinions, and arguments for or againsttheproposed**amtndmen~,** InlfY do so by appearing.in person atthe hearingorbysubmitting written con:unents to the SouthDakota Department ofEnvironmentandNatural Resources atthe mailing address that appears below. The dql8rttnentmustreceive written coniments by the close ofbusiness·on April 14,2010, to be considered.
. After the hearing, the boardWill consider all written and oral**co~ents** itreceives**o~** the )\1roposed amendments. The board may modify or aniend aproposed rule atthattime 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 ifyou have special needs for ,which special arrangements must be made. The telephone number for making special arrangements is (605) 773-3151. Copies ofthe proposed rules may be obtained without ,cbarge from the Kyrik RomboUgh, Natural ResoUrces EngiqeeringDirector South Dakota Department of Environment and Natural Resources 523 East Capitol, Joe Foss Building Pierq::, SouthDakota 57501 ' 

# •**(60s)m.31~** •

, 1ltevenM Pirner, SecretaiY Department ofEnvironment 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 atthe 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 EnclosureMessage 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 receiptto verify that you have received it. Ifyou 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 ofEnvironmental 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.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: ThatWatertown 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 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 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 ofthe fee charged for publishing the same. including a $5.00 affidavit fee. to-wit, the sum ofllilliinsures solely to the benefit of the publisher of said newspaper; that no agreement or understanding for the division ofthe fee has been made with any person. and that no part ofthe fee has been agreed to be paid to any other person.

Subscribed and sworn to before me this li!.h day ofMaKh A.D. 2010.

(seal)

__

# ~~""""--**d~:te"""""·** _ Notary Public, South Dakota
My commission expires February 28, 2014 

# • RECEIVED 

## MAR 31 2010

AIRQUALITY

PROGRAM

## RECEIVED Watertown Public Opinion 

## MAR 31 2010 AFFIDAVIT OFPUBLICATION

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

### andTralning 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 Dakptawill maintain approval of its air quality program. In addlti.·on, EPA
·**h~ pas~~**  several newfader!,!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~thbak6tais Minor 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 Minorand 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.

· Afterthe hearing, the boardwill consider

## allwrltteriandoral**'comme'n~** receives:on the**~~ an;I~d-­** 

meritS.The boam may mQdlfy or amend a proposed rule at that time to. include oreXclude matters thatare 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 notifYthe departmentat least 48 hOtlrsbefore the public hearing IfyOuha1l9 special needs

. for.whictl specfal arrangements**must'~e** made.The t!llephone numberfor 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 Environmentand N'atural Resources'

529 East Capltol, Joe Foss Building Pier'l'erSoulh Dakota57501 "

. (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 1

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

# t>r1 ;;(,

# J11ejtlk l

# Z/ 

# • Lita L. Magedanz 

# I Senior Secretary Air Quality Program EnclosureMessage 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. Ifyou 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 ofEnvironmental 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.magedanz@state.sd.us



# •

03/11/2010Department 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 

# ,**t~** ',,1\ • 

### ';f"

010• 10 d,·-. ,"**','J~tl** I,' :

I ;

.. \

.. i**~."** I') I' ,(:



### J.l 

# '.**i'~** 

## '.' \ !' I

,**.~** .6 " rI '

March 2010

# \

' !, \,

. ) 

## .. 

# • l' V. I

, I' I "

: ,rJ' , t," r, __

. ".¥

# ,**~I** )



# •

. 

# •**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:rolesnumbered: .: 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 cbapItr74:36:11 (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 ofChapter74:36:16; ...,.,,' \ II. revisln8 cbaptei 74:36: 18 (e.g. revising**~''74:36:18:10);** , o. repealing chapter74:30:19; and

. . .' ..' p. adding chapter 74:36:20' lmd

.... . .. ..'

.

. . '.


### .. . ' .. ' ..... )**~.e4'ect** oftbo**~sed~** will be to. adOpt revisiQllto feder· al**tesida~OIII.** By**8dQpIinglbeJllllPQ6ed~"!;'l!Ie ~Ulb**  .Oak!? I I


# t

I'

. ail**po~~oa cqI!lrolJll'9~'~willCOliilnue**  Iii**COJDl>IyWiih1he'f'eilI«~** . al
.......**~I~** l!II'! SoUIb'J)aIrota will maiillBinaPProVal. '. Ofil$au-

.

.

### "~IIr-~ EPA

### bas"'~**'fedcral~·lhiit** !

### ~0Iith Dakota

## smce**1Iie:~~.~lMtOfEn~~** , 'lind NalundResoUlCCS last revised die**~~"~eS~('~** D8IoocI74:36. Thorules willbeaincndcd**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 lIlldNlIIUra1 'atthe mailing address 

# =:**f~:n~~a~~~by~· ~·lbo**  

## hisaritiilflebckzd**~~~iill writimr~,~**  it'

.i receivos oadle Mlpcsedl!!JICI!dmi'llts. Tho'lloerd mayJI!OdifY or ameod apqosocI N1e.&1thattimetoincludcorexcludematters thatl!I\ldescribed

. in thiI QQtice.
. . , ·NotiCe isfllrth«'given to mdiviilu8Ja witlfciisabiliiies'lbiit

### dliS be8riJlg 

### iii;

.

. being hCId ma phySiCally acce$sible**plilce.P~** 

### nOtIfYthe at 1eiIst'48 boiIri'before !be public**~.** if

## you havespeeial nCieds for which special must be made. The telephone**n~** far matiDgspecla1ll1l1l!J8e1DCII1S is (605) 773-3151.
. Copies ofthe

### Proposed rules**~y** beoblaincd without cblage

### frbm·tbe '.

. KyrlkRombouJh, NBturat ResourceaEngiDoaingDirectm..
. SoIlI,h Dakota DepartmciDt ofEuviromnmt andNatural Resources 523 EastCapitol, 10eFoss Building • . . Pierre, SouthDa100Ia 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 1

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

# Ji,

# <-l iJ(

# Ii{ 

# '(jeit>n

# Y 

# • Lita L. Magedanz Senior Secretary Air Quality Program EnclosureMessage Page 1of 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 ofEnvironment and Natural Resources Division ofEnvironmental 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.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 ofsaid 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 ofMitchell, in said County ofDavison, and State ofSouth Dakota; that she has full and personal knowledge of the facts herein stated; that said newspaper is a legal newspaper as defined in SDCL 17-2-2.1 through 17-2-2.4 inclusive; that said newspaper has been published within the said County of Davison and State ofSouth Dakota, for at least one year next prior to the first publication of the attached public notice, and that the notice, order or advertisement, a printed copy ofwhich, taken from the paper in which the same was published, and which is hereto attached and made a part ofthis affidavit, was published in said newspaper for _1

__issues(s), to wit: 3-23-10 2xlO Display Advertisement-Notice ofPublic 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 thereofhas been agreed to be paid to any person whomsoever, that the fees charged for the publication thereofare: _$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 Preparedby: The Daily Republic. P.O. Box 1288, Mitchell S.D. 57301 605-996·,5515

# •

• AmCLE74:3'-.AIR.

## POUUI10N':,00NrmUtL

## I ··'**~QG."JtA.M** 

## ,.r i

.•• 

## ..::..'!'

### '~'. '0


## ..

## ... '. 'NOTICE

### OFPUBLIC 

### 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~** chapter74:36:03; '.: '.... " ...., .. .. 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: 12.0I, 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** chapter74:36:09 (e.g. revising'sections74:36:09:02 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 chapter74:36: 11 (e.g. reVising section 74:36: 11:01);.
.. reVising chapter74:36:12 (e.g. revisillg sections74:36:12:01 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 ofchapter 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 ofthe proposed arnendmenis will be:to adopt,revis\cmto**fed~liJ** regulati.OI1s. By adopting theproposed amendments, the South Dakota airpollution control program rules will c.ontinue to comply with. the fedei'al regula­ !j.ODS. and ,south Dakota will maint8in approval ofits 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 ofSouth Dakota 74:36;. The rules will be amell\ied to include these new standards. ' .'. •. '..
.

Sootjl**Dakota~s** Minor and Title Vair 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 pennitprograms. "

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 ofbusiness 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 oramend 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 ifyou have**s~ial** needs for, which
.

.speciallimlngements mustbe made:The telephone nuniberformakingspeeial amingemenrs is (605) 773·3151.'
. . ."**COpi~s** ofthe proposed rules may be obtained without charge

### f'n>rn the Kyrik Rombough, Natural Resources

,Engineering Director. South Dakota Department ofEnvironment" and Natural Resources 523 East Capitol, Joe Foss Building Pierre, South Dakota 57501
. (605) 773-3151 ,

# i~" . teven M·

### Pirnti: SecrellU:Y._.

. . . . . DepartmentofEnvlIoJiment 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 1

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

# ~tM~~d~~ Senior Secretary Air Quality Program 

# •

EnclosureMessage 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. Ifyou 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 ofEnvironmental 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.magedanz@state.sd.us



# •

03/11/2010

# • Affidavit ofPublication STATE OF SOUTH DAKOTA: COUNTYOF LAWRENCE: Stewart Huntington ofsaid County and State being first duly sworn, on his oath says: That the BLACKHILLS PIONEER is a legal daily newspaper ofgeneral circulation, printed and published inthe City of Spearfish, in said County and State by StewartHuntington, and has been such a newspaper during the times hereinafter mentioned; and that said newspaper has a bonafide circulation ofat least 200 copies weekly, and has beenpublished 

### 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 ofpublication; and that I, Stewart Huntington, the undersigned, am the Publisher ofsaid newspaper and have personal knowledge ofall the facts stated in this affidavit; and that the advertisement headed:



# . bJo=hce- 

# Of 

# B.JD J (

### 'c:... 

## tie

## o..c~n 

## 9 To 

## I<€ v\t

## s ,-< R'-"''-'--c=-(e.s==--

__--,, _ 

## I**~i** _ If

__ \s 

## o..¥: t'tS:L\Jecy '$e... e",

# + hicl:Us hereto attached, was printed and published printed copy of • in said newspaper for 

## I**succes~tfd** consecutive weeks, the first publication being made onthe day of

### MArc./.." ,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 ofthe BLACK HILLS PIONEER, that no agreement or understanding for a division thereofhas been made with any person and that no part thereofhas been agreed to be paid to any otherperson 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,**  7**4:~~;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:;36:08:102.: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, and74:36:13:08);

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 chapter74:36:20; and Theeffect ofthePl'OPOSed amendments will be to adopt revision to federal regulations. By adopt**lnfl~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.passedseveral new federal**~ards** thataffect 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'~** **~'** : 

# $bum Dakota's Minor and titleV air quality operating p$rmlt.pr.ms8re"a tlonand operating,permit**pr99~m.** The rUles are**belng~f!lenQedto ~ea~~£lStrUction**  permltpf99Tam and amendingthe Minorand Trtle V air qualj}yoperatingpeJPlit**~msto** temOYe)'" construCtion**~.(!!sjnlh~** operating pennit**P~Qg~** .' "

.

persons**ln~restedln** .• 'og**<I~ta.** opinions,**a~) tmel'lament$~dOSO**  . ....**'ai1ngin~on** atthe'

. the SouthOakota**g~pa~tif** Envlronm!lnl and fit

..' .'**~rs.·.betow** •. Thedepa.ilt must receive written

# com•., .•. bY1be:**1~(201 O,.to~<GO~kfere9;."**  ",;: '>.,

. '.'

Mer**th$'~;"U1e** b6lilrihV1ll£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 numberfor 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 ofpersons attached to this affidavit. I further swear that the attached list is a true and correct list ofall 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_. BRENDAAt:'lOEI$ON, NelarJhItk MtCommillioahIlim

Octohr26, .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 ofEnvironment and Natural Resources (DENR) is proposing revisions to the Administrative Rules ofSouth 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 ofits 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 ofMinerals 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 ofthe public hearing is to receive and consider testimony onthe adoption ofamendments to Administrative Rules ofSouth 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 Box488 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 ofLocal 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 ofMinerals & 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 ofCertification 914 17th Ave S Brookings, SD 57006-4091

Lee M McCahren Board ofMinerals & Environment PO Box 297 Vermillion, SD 57069-0297

## ~ichard C Sweetman

## ~B~ard ofMinerals and Environment 1809 North Terin Circle Sioux Falls, SO 57107
Timothy Johns Board ofMinerals and Environment 203 West Main Street Lead, SO 57754

Robert Duxbury Board ofMinerals and Environment 21030 373rd Avenue Wessington, SD 57381

Linda Hilde Board ofMinerals and Environment • 104 Woodland Drive Madison, SD 57042-0019

JeffBroin Broin Enterprises PO Box 330 Scotland, SD 57059

Dennis Bucher Bureau ofLand Management 310 Round Up Belle Fourche, SD 57717-1618

John Carlson Carlson Construction 

# al.? Box 1832

.. vvinner, SO 57580 Glenn 

### Blumhardt Board ofMinerals and Environment 2014 6th Ave Box 134 Bowdle, SO 57428-0134

Peter Bullene Board ofMinerals and Environment 301 20th Avenue SE Watertown, SD 57201

Dennis Landguth Board ofMinerals 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 ofYankton 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 WharfRoad 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 ofAtmospheric Sciences 501 EStJoseph Street Rapid City, SD 57701..IcolinJensen 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 

# e KrUsC 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 OtterTail 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 181JNEAvenue Sioux Falls, SD 57104-0359.. Sharon Chaples

.. Royal C Johnson Veterans Hospital PO Box 5046 Sioux Falls, SD

Steve Hasenohrl SD Dept ofAg Div ofWildlife 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 ofHealth 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 ofGovernments 500N. Western Avenue, Suite 100 Sioux Falls, SD 57104RiChard 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 Trinit y Consultants 106 Main St S Suite 201 • Stillwater, MN 55082

Norm Siler Union Pacific Railroad 1416 Dodge Street Omaha, NE 68179-0930

WharfResources Mining Co 10928 WharfRoad Lead, SD 57754

Superintendent Wind CaveNational 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 ofSouth 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 1of 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 ofEnvironment and Natural Resources (DENR) is proposing revisions to the Administrative Rules ofSouth 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 ofits 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 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 ofMinerals and Environment on April 15, 20I0, in the Matthew Environmental Education and Training Center, Joe Foss Building, Pierre, South Dakota at 10: 15 a.m. central daylight time. The purpose ofthe public hearing is to receive and consider testimony on the adoption ofamendments to Administrative Rules ofSouth 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/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

04/14/2010BFM 50. 10 ADMINISTRAT7VEPROCEDURES ACT FISCAL NOTE PreparedbySUbmitting Agency CODE NAME DEPARTMENT 20 Department ofEnvironment& NafttrelResol.lrces DIVISION 2**Enwfnnmen~/SeN~eS** PROGRAM Air Quality PROPOSED RULE: Revisions to ARSD 74:36 Hoaring Date: April 15, 2010 FISCAL IMPACTSTATEMENT: The proposed rule changes will have minimal impact to all entities. No add/lionalstaffing or rosouTCefare needed.

. .**RSCALNOTESUMMAR~** COST INCREASES (DECREASES) State Agencies:

TOTAL Ffrst-YearImpact

$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

__..... 

### i-,/'-f-/_/i-jl--f(-'-'-O L 

### _**-r"~"** ,. ./ A ITA CH: C ofpro <hOles; separate sections for: 1) explanation ofrules effect, i.e. what p,bcedures, schedules, activities, etc. will change wilh its adoption 2) statistics used, and theirsource, 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 SouthDakota 

# Council MAR 22 

## 2010 Sen. Jean Hunhoff, Chair Rep. Shantel Krebs, Vice Chair**DEPT.OFEN~RONMENTAND** NATURAL RESOURCES. JamesFry, Director SECRETARY'S OFFICE DougDecker, Code Counsel March 18,2010 Mr. Joe Nadenicek South Dakota Department ofEnvironment and Natural Resources 523 East Capitol Avenue Pierre, South Dakota 57501 Dear Mr. Nadenicek: 

# • The South Dakota Board ofMinerals and Environment has proposed the amendment, adoption, or repeal ofrules 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 ofeach section ofsubdivision. (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. Ifyou have any questions, please don't hesitate to 

### call me orthe staffmember 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,usDIRECTIONS FOR SUBMITTING THEFINAL DRAFf RULES REVIEW MEETING SCHEDULE: The Interim Rules Review Committee has set the following tentative meeting schedule for the 20I0 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 ofoverstrikes and underscores; 3. The original Form #II which contains the signature ofthe officer empowered to adoptthe rules orthe signatures ofa majority ofthe members ofa board or commission which has the**rule~making** authority; and 4. Copies ofthe following: a. The minutes ofall public hearings, (a summary ofthe minutes ifneeded); and b. The affidavit ofmailing 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 ifa verbatim transcript is used; b. Include a summary ofany subsequent hearing ifthe public hearing is continued or final

action is taken ata later date; 3. A summary ofthe written comments or copies ofthe written comments; 4. The Impact Statement on Small Business; 5. The Fiscal Note; and 6. Agency financial resource information ifthe 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 ofthe rules with the Secretary ofState's Office. Although it is not required by statute, the Secretary ofState's Office would like to have a copy ofthe approval signature sheet with the filing ofthe 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 ofAmendments 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 ofthe first draft ofthe revisions; • A copy ofLegislative 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 ofa majority ofthe members ofthe Board ofMinerals and Environment; • A copy ofthe affidavit ofthe mailing to the Rules Committee members; • A copy ofthe minutes for the April 15, 2010, Board ofMinerals and Environment meeting. Ifyou have any concerns or questions, please contact me at (605) 773-3151
. 

# •

# •

Chapter 74:36:01 74:36:02 74:36:03 74:36:04 74:36:05 

# • 74:36:06 74:36:07 74:36:08 74:36:09 74:36:10 74:36:11 74:36:12 74:36:13 74:36:14 74:36:15 

# • 74:36:16 74:36:17 ARTICLE 74:36

AIRPOLLUTION 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 ofsignificant deterioration. New source review. perfonnance testing. Control ofvisible emissions. Continuous emission monitoring systems. Variances, Repealed. Openburning, Transferred orRepealed. 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 orthe administrator ofEPA, 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 ofEPA, 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 ofEPA; (2) For the purposes ofthis 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) ofthis 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) ofthis 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) ofthis 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 ofthe EPA ofeach 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 ofEPA; (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 ofreceiving the secretary's final determination. Ifno 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. 

### CHAPTER74:36:10 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 ofany 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.