May20, 2008 

Callie 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. This 

letter certifies that the South Dakota SIP is meeting the requirements in section 11 0( a)(2) of the 

federal Clean Air Act as they relate to the implementation of the PM2.5 standard promulgated on 

July 1, 1997. 

The enclosed "SIP Submittal Completeness Criteria Checklist" contains a section by section 

demonstration on how South Dakota is implementing the PM2.5 standard according to the 

requirements in the federal Clean 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, 

Enclosure 
SIP SUBMITTAL COMPLETENESS CRITERIA CHECKLIST 

SIP Submitted by: South Dakota Department of Environment and Natural Resources, Air Quality Program 

Date Submitted: May 20, 2008 

Subject: Confirmation of 110(a)(2)(A)-(M) PM2•

5 NAAQS Requirements in the South Dakota SIP 

South Dakota Air Pollution Control Rules can be viewed at the following website: http://legis.state.sd.us/rules/DisplayRule.aspx?Rule=74:36 

11 O(a)(2)(A)-(M) Requirements Checklist 

Section llO(a) element Summary of element How Addressed in State SIP Where codified/approved by EPA 

§110(a)(2)(A) include enforceable emission The rules in ARSD Chapter 74:36:04 

limitations and other control measures, (Operating permits for minor sources), 

means, or techniques (including 74:36:05 (Operating permits for Part 70 

economic incentives such as fees, sources), 74:36:06 (Regulated air pollutant 

marketable permits, and auctions of emissions), 74:36:07 (New source 

emissions rights), as well as schedules performance standards), 74:36:08 (National 

and timetables for compliance as may emission standards for hazardous air 

be necessary or appropriate to meet pollutants), 74:36:09 (Prevention of 

the applicable requirements of this Act. significant deterioration), and 74:36:09 

(New source review) provide enforceable 

· emission limits and other control measures, 

means or techniques, schedules for 

compliance and other related matters 

necessary to maintain South Dakota in 

attainment with the federal National 

i Ambient Air Quality Standards. Authority 

used to promulgate these rules is contained 

in SDCL 34A-1-l, 34A-1-6, 34A-1-18, and 

34A-1-19. 

§110(a)(2)(B) provide for establishment and The rules in ARSD 74:36:02 define the 

operation of appropriate devices, goals, national ambient air quality 

methods, systems, and procedures standards, air monitoring methods and 

necessary to monitor, compile, and monitoring requirements provide for 

Page 1 
Section llO(a) element Summary of element How Addressed in State SIP Where codified/approved by EPA 

analyze data on ambient air quality, establishment and operation of ambient air 

and upon request, make such data quality monitors, collecting and analyzing 

available to the Administrator; ambient air quality data and making these 

data available to EPA. Under these rules, 

DENR operates a network of air monitoring 

sites. Authority used to promulgate these 

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 through 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 stationary source within the areas ARSD Chapter 74:36:09 (Prevention of 

covered by the plan as necessary to significant deterioration) and 74:36:10 

assure that national ambient air (New source review). 

quality standards are achieved, 

including a permit program as 

required in parts C and D; 

§110(a)(2)(D) contain adequate provisions- DENR submitted its Interstate transport 

(i) prohibiting, consistent with the submittal 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 will--

(I) contribute significantly to 

nonattainment in, or interfere with 

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 

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Section llO(a) element Summary of element How Addressed in State SIP Where codified/approved by EPA 

applicable implementation 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 

state (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 general purpose local government DENR's agreement with 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. 

carry out such implementation plan 

(and is not prohibited by any provision 

of federal or state law from carrying 

out such implementation plan or 

portion thereof); 

§110(a)(2)(E)(ii) (ii) requirements 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 

Minerals and Environment composed in 

conformance with Clean Air Act) specifies 

that the board's composition must comply 

with the requirements of Clean Air Act 

subsection 128 as amended to January 1, 

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Section llO(a) element Summary of element How Addressed in State SIP Where codified/approved 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 34AI of any plan provision, the state has 1-3 8 (Control of air contaminant sources 

responsibility for ensuring adequate beyond 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 local program is 

beyond the reasonable capability the laws 

provides for the state to assume and retain 

jurisdiction over that contamination source. 

§110(a)(2)(F) require, as may be prescribed 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), 74:36:11 (Performance testing) 

irnplementation of other necessary and 74:36: 13 (Continuous emission 

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

stationary sources to monitor monitor emissions 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 data from 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 

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Section 11 0(~) element 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 rules 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; quality episode plan to address activities i 

causing imminent and substantial 

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 priority classifications or a 

significant harm level for PM2.5. Once 

EPA promulgates such rules, DENR will 

adopt them in ARSD Chapter 74:36:03 (Air 

quality episodes). 

§110(a)(2)(H) provide for revision of such plan- SDCL 34A-1-6 provides DENR with the 

(i) from time to time as may be authority to revise South Dakota's SIP in 

necessary to take account of response to changes to the federal National 

revisions of such national primary or Ambient Air Quality Standards, availability 

secondary ambient air quality of improved methods for attaining the 

standard or the availability of federal standards, or in response to an EPA 

improved or more expeditious finding that the SIP is substantially 

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 

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Section llO(a) element Summarv of element How Addressed in State SIP Where codified/approved bv EPA 

Administrator that the plan is 

substantially inadequate to attain the 

national ambient air quality 

standard which it implements, or to 

otherwise comply with any 

I additional requirements established 

under this Act; 

§11 O(a)(2)(1) in the case of a plan or plan 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 promulgate 

(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 with 

I consultation) ... local governments, other states, 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 within its jurisdiction. 

The public 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 hourly ozone levels to the website 

and to the Air Now EPA database. Through --·-

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Section llO(a) element Summarv of element How Addressed in State SIP Where codified/approved by EPA 

this site the public is notified of high 

concentration periods. 

§11 O(a)(2)(J) meet the applicable requirements of ... The rules in ARSD Chapter 74:36:09 

(PSD) part C (relating to prevention of (Prevention of significant deterioration) 

significant deterioration of air quality adopts by reference federal regulations 

and visibility protection); under 40 CFR Part 51 and 52 and provides 

DENR with regulations necessary to meet 

the app!jcable requirements of part C of the 

federal Clean Air Act related to prevention 

of significant deterioration and visibility 

protection. South Dakota's prevention of 

significant deterioration rules were 

approved in South Dakota's SIP on January 

22, 2008. Authority to promulgate these 

rules is contained in SDCL 34A-1-6. 

For the implementation of the 1997, PM2.5 

standards under the Prevention of 

Significant Deterioration program, no rules 

have been established by EPA. As directed 

by the October 23, 1997, memo from John 

Seitz, EPA, DENR is using PM10 as a 

surrogate for PM2.5 until EPA establishes 

the necessary tools to evaluate PM2.5 under 

the Prevention of Significant Deterioration 

program. 

§110(a)(2)(K) provide for: The rules in ARSD Chapter 74:36:04 

(i) the performance of such air (Operating permit for minor sources), 

quality modeling as the Administrator 74:36:05 (Operating permit for Part 70 

may prescribe for the purpose of sources), 74:36:09 (Prevention of 

predicting the effect on ambient air significant deterioration), and 74:36:10 

quality of any emissions of any air (New source review) _p_rovide DENR with 

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Section l lO(a) element Summary of element How Addressed in State SIP Where codified/approved by EPA 

pollutant for which the Administrator the authority to perform air quality 

has established a national ambient air modeling for predicting effects on air 

quality standard, and quality of emissions from any National 

(ii) the submission, upon request, of Ambient Air Quality Standard pollutant and 

data related to such air quality submission of such data to EPA upon 

modeling to the Administrator; request. Authority to promulg!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 requires major 

permitting authority, as a condition of stationary sources to pay permitting fees to 

any permit required under this Act, a cover the cost of reviewing, approving, 

: 

fee sufficient to cover- implementing and enforcing the Title V air 

(i) the reasonable costs of reviewing quality permit. Therefore, Section 

I 

I 

I and acting upon any application for 110(a)(2)(L), is not applicable. 

such a permit, and 

(ii) if the owner or operator receives 

a permit for such source, the 

reasonable costs of implementing and 

enforcing the terms and conditions of 

any such permit (not including any 

court costs or other costs associated 

with any enforcement action), until 

such fee requirement is superseded 

with respect to such sources by the 

' 

Administrator's approval of a fee 

program under title V; 

§11 O(a)(2)(M) provide for consultation and SDCL 34A-1-l, 34A-1-10 provides DENR 

participation by local political with the authority to provide for 

subdivisions affected by the plan. consultation and participation in South 

Dakota's SIP development by local political 

i - -- -

subdivision affected by the SIP. 

Page 8 
Section llO(a) element Summary of element How Addressed in State SIP Where codified/approved by EPA 

Cooperation by DENR with other agencies 

provides for the consultation, advise, and 

cooperation with other state, local, 

industries, other states, interstate or inter 

local agencies, and the federal 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) §110(a)(2)(J) meet the applicable discussed 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 ofthe adopted by South Dakota. The amendment 

modification and construction of any appears to address ozone in nonattainment 

stationary source within the areas areas. As stated in earlier submittals, South 

covered by the 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 permit program 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 (70 FR references in ARSD Chapter 74:36:10 (New 

71612 at 71699-71700). See also 70 source review) that incorporate the changes 

FR 71671-71684. in the November 29, 2005 federal register. 

The changes will be completed in calendar 

year 2008. - -··- -----·------ -----· - ----

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