May20 , 2008

Call ie A. Videtich (8P-AR), Director Air and Radiation Program U.S. Environmental Protection Agency, Region 8 1595 Wynkoop Street Denver, Colorado 80202

- 1129
Dear Callie : 

## fZtX'"-'" J

## ~ 0 ( 

## (LJcf DEPARTMENT of ENVIRONMENT and NATURAL RESOURCES PMB 2020 JOE FOSS BUILDING

523 EAST CAPITOL PIERRE , SOUTH DAKOTA 57501-3182 www.state.sd.us/denr

On December 24, 2007 , Steven M

. Pimer, Secretary of the Department of Environment and Natural Resources, received a letter from Stephen D. Page, Director, Office of Air Quality Planning and Standards with U.S. EPA concerning the submission of a Section 110(a) State Implementation Plan (SIP) for the 1997 PM2.5 National Ambient Air Quality Standard. Th is letter certifies that the South Dakota SIP is meeting the requirements in section 11 0( a)(2) of th e federal Clean Air Act as they relate to the implementation of the PM2.5 standard promul gated on July 1 , 1997.
The enclosed "SIP Submittal Completeness Criteria Checklist" contains a section by section demonstration on how South Dakota is implementing th e PM2.5 standard according to the
requ irements in the federal C lean Air Act.
I want to thank you in advance for your favorable consideration of this submittal. Please contact me at (605) 773-3151 , if you have any questions. Sincerely,

Enc losureSIP SUBMITTAL COMPLETENESS CRITERIA CHEC KLIST

SIP Submitted b y: So uth Dakota Department of Environment and Natural Resources, Air Quality Program Date S ubmitt ed: May 20 , 2008 Subject: Confirmation of 110(a)(2)(A)-(M) PM 2 • 5 NAAQS Requirements in the South Dakota SIP South D ako ta Air Po lluti o n Co ntrol Rules can b e v iewed at the fo ll owing web s ite: http: //legi s.s tate.s d

. u s /ru les/Display Rule.a s px? Rul e=7 4:36
11 O(a)(2)(A)-(M) Requirements Checklist Section llO (a) elemen t S ummary of element How Addressed in State SIP Where codified/ approved by EPA §110(a)(2)(A) includ e e n forceab le e mi ssion The rules in ARSD Chapter 7 4:3 6:04 limitations and other contro l measur es, ( Op erati ng permits for minor so urces), m ea ns, or techniques (including 74:36:05 (Operating permits for Part 70 eco nomic incentives such as fees, so urc es), 74:36:06 (Re gu lated air pollutant marketable p e rmits, and auctions of emi ss ion s), 74 :36:07 (New so urc e em i ss ions righ t s), as well as schedules performance standa rds), 74 :36: 08 (Natio nal and timetab les for compliance as ma y emission s tandards for ha zardo us air be necessa r y o r app rop riate to meet pollutants), 7 4: 3 6:09 (Prevention of the applicable requirements of this Act. significant deterioration), and 74:36:09 (New source review) provide enforceable

· emission limits and other contro l measures,

means or techniques , schedul es for co mpliance and other related matters necessa ry to maintain South Dakota in a ttainm ent w ith the federa l National i Ambient Air Quality Standards. Authority used to promulgate these rules is contained in SDCL 34A- 1 -l , 34A-1-6, 3 4A-1- 18, and 34A-1-19. §110(a)(2)(B) provide for estab lishment and Th e rul es in ARSD 74:36:02 de fin e the operation of appropriate devices, goal s, national ambient air qualit y methods, systems, andprocedures standards , air mon itoring methods and n ecessary to monitor, compile , and monitoring requirements pro v id e for

Page 1Sectio n llO(a) e l ement S umm a r y of element How A dd ressed in State SIP Where codified/ a pproved by EPA analyze data on ambient air quality, es t ab li shment and operation of ambi ent air and upon request, make such data quality monitors, co llecting and analyzing available to the Administrator; ambient air qua lity data and making these data avail a ble to EPA. Under the se ru les , DENR operates a network of air monitoring sites. Authority used to promul gate th ese rules is contained in SDCL 34A-l-6 and 34A- l-1 5. §11 O(a)(2)(C) include a program to provide for the SDCL 34A- 1 -39 thro ug h 34A- l -54 and enforcement of the measures described 34A-1-62 gives DENR the authority to in subparagraph (A) and regulation of provide enforcement of all South Dakota the modification and construction of SIP measures and the regulations under any stat iona ry source within the areas ARSD Chapter 7 4:36:09 (Prevention of covered by the plan as necessary to s ignificant deterioration) and 7 4:36:10 assure that national ambient air (New source revi ew). quality sta nd ards are achieved, including a permitprogram as required in parts C and D ; §110(a)(2)(D) contain adequateprovisions

- DENR submi tted its Inter s tate transport (i) prohibiting , consistent with th e s ub mittal to EPA on May 15 ,2007

. provisions of this title, any source or other type of emissions activity within the state from emitting any air pollutant in amounts which w ill-- (I) contribute significantly to nonattainment in, or interfere w ith maintenance by, any other state with respect to any such national primary or secondary ambient air quality standard, or (II) interfere with measures rec. uired to be included in the

Page 2Section llO(a) element S umm ary of elemen t How Addressed in State SIP Whe re codified/ approved by EPA applicable impl ementation plan for any other State under part C to prevent significant deterioration of air quality or to protect visibility,

(ii) insuring compliance with the applicable requirements of sections 126 and 115 (relating to interstate and international pollution abatement); §11 O(a)(2)(E)(i) provide SDCL 34A- l- 4, 34A-l-7 through 34A-1-10 I

i (i) necessary assurances that the provides DENR with adequate personnel to s tat e (or , except where the carry out South Dakota's SIP and related Administrator deems inappropriate, issues. SDCL 34A- 1- 57 through 34A-1- 60, the generalpurpose local government DENR's agreement w ith EPA for 103 and
or governments, or a regional agency I 05 grants and associated matching state designated by the state or general funds provides DENR with the funding purpose local governments for such necessary to carry out South Dakota's SIP purpose) will have adequate personnel, and related issues. SDCL 34A-l provides funding, and authority under state DENR with the legal authority to carry out

(and, as appropriate, local) law to South Dakota's SIP and related issues.
ca r ry out such implementation plan (and is notprohibited by anyprovision of

federal or state law from carrying out such implementation plan or portion thereof); §110(a)(2)(E)(ii) (ii) requir ements that the state comply SDCL 1-40-25 (Board of Minerals and with the requirements respecting state Environment-Composition-Appointment boards under section 128, and and terms) and SDCL 1-40-25. 1 (Board of Mineral s and Environment composed in conformance with C l ean Air Act) specifies that the board's composition must comp l y with the requ ire ments of Clean Air Act subsection 128 as amended to January 1,

Page 3Section llO(a) element Summary of e lement How Addressed in State SIP Where codified/ap proved by EPA 1995, for all petmits and enforcement orders initiated under SDCL 34A-1. §11 O(a)(2)(E)(iii) (iii) necessary assurances that, where The authority in SDCL 34A- 1- 36 the state has relied on a local or (Municipal and county programs approved 

# I regional government , agency, or by board) , 34A-1-37 (Municipal and county
I instrumentality for the implementation cooperation with other agencies) , and 34A



# I of any plan provision, the state has 1-3 8 (Control of air contaminant sources responsibility for ensuring adequate beyo nd capability of local authority) implementation of such plan provision; provide for the authority of the board to establish a program with a municipal or county government. In addition if the board fmds that any part of the lo cal program is beyond the reasonable capabi l ity the laws provides for the state to assume and re tain jurisdiction over that contamination so urce
. §110(a)(2)(F) require, as ma y beprescribed by the The rules in ARSD Chapter 74 : 36:04 Administrator- (Operating permits for minor sources), (i) the installation, maintenance, and 74 : 36:05 ( Operating permits for Part 70 replacement of equipment, and the sources), 7 4:36:11 (Performance testing) irnplementation of other necessary and 74:36: 1 3 (Continuous emission

1 steps by owne rs or operators of monitoring systems) establish a system to

stationary sources to monitor monitor emissio ns from stationary sources emissions from such sources, and periodic emissions reports. Authority (ii) periodic reports on the nature to promulgate these rules is contained in and amounts of emissions and SDCL 34A-1-6 and SDCL 34A-1-12

. emissions-related datafrom such sources, and

I (iii) correlation of such reports by the state agency with any emission limitations or standards established 

# I pursuant to this Act , which reports shall be available at reasonable times

Page 4Section 11**0(~)** e l ement Summary of element How Addressed in State SIP Where codified/approved by EPA for public inspection; ' §110(a)(2)(G) provide for authority comparable to The ru les in ARSD Chapter 74:36:03 (Air that in section 303 and adequate quality episodes) adopts by reference the contingency plans to implement such criteria in 40 CFR § 51.151 as the air authority; qual ity episode plan to address activities i causing imm inent and s ubstantial endangerment to public health , including contingency plan to implement the emergency episode provisions of South Dakota SIP. Authority to promulgate these rules is contained in SDCL34A-1-6, 34A-1- 15 , and 34A-1-45.
As of the date of this submittal, EPA has not established priorit y classifications or a signi ficant harm level for PM 2.5. Once EPA promulgates such rules, DENR will adopt them in ARSD Chapter 74:36:03 (Air quality epi sodes). §110(a)(2)(H) provide for revision of such plan- SDCL 34A-1-6 pro vi des DENR with the (i)from time to time as may be authority to revise South Dakota's SIP in necessary to take account of respons e to changes to the federal National revisions of such national primary or Ambient Air Quality Standards, availability secondary ambient air quality of impro ved methods for attaining the standard or the availability of federal stand ards, or in response to an EPA improved or more expeditious finding that the SIP is substantiall y methods of attaining such standard, inadequate. and

(ii) except as provided in paragraph (3)(C), whenever the Administrator finds on the basis of information available to the

Page 5Section llO(a) element Summarv of e lement How Addressed in State SIP Where codified/ app ro ved bv EPA Administrator that the plan is substantially inadequate to attain the national ambient air qualit y standard which it implements, or to otherwise comply with any 

### I a dditional requirements established under this Act; §11 O(a)(2)(1) in the case of a plan orplan revision In ARSD Chapter 74:36:10 (New source for an area designated as a review) DENR adopted by reference the nonattainment area, meet the New Source Review requirements in 40 applicable requirements of part D CFR Part 51. The authority to promul gate (relating to nonattainment areas); rules relating to nonattainment areas are in I SDCL 34A-l-6.

. §110(a)(2)(J) meet the applicable requirements of SDCL 34A-1-1 and 34A-1-10 provide 

## I (§ 121 section I 21 (relating to consultation), DENR with the authority to consult w ith 

### I consultation)

... local government s, other state s, federal ' government, etc. 

# I §11 O(a)(2)(J) meet the applicable requirements of SDCL 1-40

- 31 and 34A-1-9 provide DENR

(Section 127 public section 12 7 of this title (relating to with the authority to collect and disseminate notification) public notification) information and provide full public inspection and disclosure of all non confidential public records related to DENR and those activities w ithin its jurisdictio n
. The pub li c is notified of any concentrations that exceed the NAAQS through DENR's Air Quality program website that contains the daily concenh·ations updated hourly from five sites covering 17 parameters from

I continuous analyzers and monitors located throughout the state

. Four of these sites report hour ly ozone levels to the website and to the Air Now EPA database. Thro ugh

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Page 6Section llO(a) element S ummarv of element How Addressed in State SIP Where codified/ approved by EPA this site the public is no tifi ed ofh i gh c onc entratio n periods. §11 O(a)(2)(J) m eet the applicable requirements of

... The rules in ARSD Chap ter 74:36:09 (PSD) part C (re lating to prevention of (Prevention of s i gn ificant deterioration) significan t deterioration of air quality adopts b y reference federal regulations and v isib ili ty protec ti on); under 40 CFR Part 5 1 and 52 and provides DENR w ith regulations necessary to meet t he app!jcable requirements of part C of the federal Clean A ir Act rel ated to prevention of significant deterioration and visib i lity protection
. South Dakota's prevention of sign ificant deterioration rules were approved in South Dakota 's SIP on January 22, 2008. Authority to promulgat e these rules is contained in SDCL 34A-1-6.
For the implementation of the 1997, PM2.5 s tandards under the Prevention of Significant Deterioration program, no ru les have been estab li shed by EPA. As directed by the October 23, 1997 , memo from John Sei tz, EPA, DENR i s using PM10 as a s urro g ate for PM 2 .5 unti l EPA es tablishes the neces s ary tool s to evaluate PM2 .5 under the Prevention of Sign i ficant Deteriora t ion program
. §110(a)(2)(K) pr ovide fo r : Th e rules in ARSD Chapter 74:36:04 (i) the performance of such air (Operating permit for minor sources), quality m ode ling as th e Administrator 74:36:05 ( Op erating permit for Part 70 mayp rescrib e for the purpose of sources), 74 :36: 09 (Preven tion of predicting th e effec t on ambient air significant deterioration), and 7 4:36 :10 quality of any emissions of any air (New sou r ce review)_p

_ rovide DENR with

Page 7Section l lO(a) e lement Summary of e lement How Ad dressed in State SIP Where codified/approved by EPA pollutant for which the Administrator the authority to perfo rm air quality has established a national ambient air modeling for predicting effects on air quality standard, and quality of emiss i ons from any National

(ii) the submission, upon request, of Ambient Air Q u ality Standard pollutant and data related to such air quality submiss i on of such data to EPA up on modeling to the Administrator; request. Authority to p romu lg!ltC these rules is contained in SDCL34A-1-6 and 34A-l-9

. §11 O(a)(2)(L) require the owner or operator of each DENR has an EPA approved Title V air major stationary source to pay to the quality permit program that r eq uires major permitting authority, as a condition of stationary sources to pay permitting fees to anypermit required under this Act, a cover the cost of reviewing, approv ing,


### : fee sufficient to cover- imp lementing and enforcing the Title V air (i) the reasonable costs of reviewing quality permit. There fore , Section I I and acting upon any application for 110(a)(2)(L) , is not applicable. I such a permit , and (ii) 

## if the owner or operator receives a permit fo r such source, the reasonable costs of implementing and enforcing the terms and conditio ns of any such permit (not including any court costs or other costs associated with any enforcem ent action), until suchfee requirement is superseded with respect to such sources by the

' Administrator's approval of afee program under title V; §11 O(a)(2)(M) provide for consultation and SDCL 34A- 1 -l, 34A-1-10 provides DENR participation by localpolitical with the authority to provide for subdivisions affected by the plan. consultation and participation in South Dakota's SIP development b y local po li tical 

### i

- -- - subdivi sio n affec ted b y the SIP.

Page 8Section llO (a) element Summary of element How Addressed in State SIP Where codified/ approved by EPA Cooperation by DENR with other ag encies provid es for the consultation, advise, and cooperation with other state, local, industries , other states, interstate or inter local agencies, and the fe deral government , and with interested persons or groups on air pollution control issues

. §§11 O(a)(2)(C) & Part C Permit program: §§ 110(a)(2)(C) and (J) are already 110(a)(2)(J) §11 0(a )(2)(J) meet the applicable discuss ed above in the appropriate element



# . requirements of

... part 

### C (relating to for each section

. prevention of significant deterioration of air quality and visibility protection); 40 CFR 51.166 , as amended by the November 29, 2005, final rule has not been §110(a)(2)(C)

... regulation ofth e adopted by South Dakota. The amendment modification and construction of any appea rs to address ozone in nonattainment s tation ary source within the areas areas. As stated in earlier submittals, South covered by th e plan as necessary to Dakota is attaining the ozone standards and assure that national ambient air is also attaining the PM2.5 standards in all quality standards are achieved , areas of the state

. I including a permitprogram as 

## .. required in parts 

### C and D,· DENR periodically updates its rules to ensure South Dakota 's SIP is up-to-date 40 CFR 51

. 166: Amend PSD with federal regulations

. DENR is currently regulations as required by the updating its rules and will adopt the federal November 29 , 2005 final rule ( 7 0 FR references in ARSD Chapter 74:36:10 (New 71612 at 71699-71700). See also 70 source rev iew ) that incorporate the changes FR 71671-71684. in the November 29, 2005 federal register. The changes wi ll be comp leted in calendar year 2008.

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