1 ARTICLE 74:36

AIR POLLUTION CONTROL PROGRAM

Chapter

74:36:01 Definitions. 74:36:02 Ambient air quality. 74:36:03 Air quality episodes. 74:36:04 Operating permits for minor sources. 74:36:05 Operating permits for Part 70 sources. 74:36:06 Regulated air pollutant emissions. 74:36:07 New source performance standards.

74:36:08 National emission standards for hazardou s air pollutants. 74:36:09 Prevention of significant deterioration.

74:36:10 New source review. 74:36:11 Performance testing.

74:36:12 Control of visible emissions. 74:36:13 Continuous emission monitoring systems. 74:36:14 Variances, Repealed. 74:36:15 Open burning, Transferred or Repealed. 74:36:16 Acid rain program. 74:36:17 Rapid City street sanding and deicing.2

74:36:18 Regulations for state facilities in the Rapid City area. 74:36:19 Mercury budget trading program, Repealed

. 74:36:20 Construction permits for new sources or modifications.

CHAPTER 74:36:01

DEFINITIONS

Section

74:36:01:01 Definitions. 74:36:01:02 Repealed. 74:36:01:03 Administrative permit amendment define d.

74:36:01:04 Affected states defined. 74:36:01:05 Applicable requirements of the Clean A ir Act defined. 74:36:01:06 Complete application defined. 74:36:01:07 Repealed. 74:36:01:08 Major source defined. 74:36:01:09 Categories of sources defined.

74:36:01:10 Modification defined. 74:36:01:11 National ambient air quality standard (NAAQS).

74:36:01:12 Potential to emit defined.3

74:36:01:13 Process weight rate defined. 74:36:01:14 Repealed. 74:36:01:15 Regulated air pollutant defined. 74:36:01:16 Responsible official defined. 74:36:01:17 Repealed. 74:36:01:18 Municipal solid waste landfill defined

. 74:36:01:19 Existing municipal solid waste landfil l defined. 74:36:01:20 Physical change in or change in the me thod of operation defined.

74:36:01:21 Commenced construction defined.

74:36:01:01. Definitions. Unless otherwise specified, the terms used in this article mean:

(1) "Act," chapter 34A-1 of the South Dakota Codi fied Laws;

(2) "Acid rain permit," a legally binding written document or portion of a document that is issued by the department and specifies the acid rai n program requirements applicable to an affected source and to the owners and operators and the designated representative of the affected

source;

(3) "Acid rain program," the national sulfur diox ide and nitrogen oxides air pollution control and emissions reduction program established in accordance with Title IV of the Clean Air Act;4

(4) "Administrator," the administrator of the Env ironmental Protection Agency or the secretary or their authorized representatives;

(5) "Affected source," a source that includes one or more affected units under Title IV of the Clean Air Act;

(6) "Affected unit," a unit that is subject to an y of the emission reduction requirements or emission limits pursuant to Title IV of the Clean A ir Act or chapter 74:36:16;

(7) "Air pollutant," one or a combination of the regulated air pollutants listed in § 74:36:01:15;

(8) "Allowable emissions," the emission rate calc ulated using the maximum rated capacity of a source unless the source is subject to federal ly enforceable limits which restrict operating rate, hours of operation, or both, and the most str ingent of the following:

(a) The applicable new source performance standa rds in chapter 74:36:07; (b) The applicable national emission standards i n chapter 74:36:08; (c) Any applicable emission limitations specifie d in this article, including those with a future compliance date; (d) The emission rate specified as a permit cond ition; or (e) The applicable standards in 40 C.F.R. Part 6 0, 61, or 63 (July 1, 2009);5

(9) "Ambient air," that portion of the atmosphere external to buildings to which the general public has access;

(10) "ASTM," the American Society for Testing and Materials;

(11) "Board," the Board of Minerals and Environme nt;

(12) "Btu," British thermal unit;

(13) "CO," carbon monoxide;

(14) "Chairman," chairman of the board;

(15) "Clean Air Act," the Clean Air Act, 42 U.S.C . 7401 et seq., as amended through January 1, 2010;

(16) "Clean Air Act Amendments," the amendments t o the Clean Air Act enacted in Pub. L. No. 101-549, November 15, 1990;

(17) "Control equipment," a device which prevents or reduces emissions;6

(18) "Criteria pollutant," selected and specified pollutants for which limiting ambient air quality standards have been set, including sulfur d ioxides, particulate matter, carbon monoxide, ozone, nitrogen oxides, and lead;

(19) "Department," the South Dakota Department of Environment and Natural Resources;

(20) "Designated representative," the responsible person or official authorized by the owner or operator of an affected unit, in accordanc e with the Clean Air Act, to represent the owner or operator in matters pertaining to the hold ing, transfer, or disposition of allowances

allocated to the unit and the submission of and com pliance with permits, permit applications, and compliance plans for the unit;

(21) "Draft permit," the version of a permit for which the department offers public participation or affected state review;

(22) "Emissions allowable under the permit," a fe derally enforceable permit term or condition determined at issuance to be required by an applicable requirement that establishes an emissions limit, including work practice standards, or a federally enforceable emissions cap that the source has assumed to avoid an applicable requi rement to which the source would otherwise be subject;

(23) "Emission standard," the maximum amount of a pollutant legally permitted to be discharged from a single unit;7

(24) "Emission unit," "Unit," any part or activit y of a stationary source which emits or has the potential to emit a regulated air pollutant or any pollutant listed under section 112(b) of the Clean Air Act;

(25) "EPA," the Environmental Protection Agency;

(26) "Equivalent method," any method of sampling and analysis for an air pollutant which has a consistent and quantitatively known relations hip to the reference method under specified conditions;

(27) "Existing source," a source that has an appr oved state-issued variance or permit;

(28) "Facility," a building, structure, or instal lation of pollutant-emitting activities which belong to the same industrial grouping, located on one or more contiguous or adjacent properties and under the control of the same person or of pers ons under common control, except the

activities of a water-borne vessel. Pollutant-emitt ing activities are part of the same industrial grouping if they belong to the same major group, i. e., have the same two-digit code, as described in the Standard Industrial Classification Manual, 1 987;

(29) "Federally enforceable," all limits and cond itions that are enforceable by the administrator of EPA pursuant to federal law. These limits and conditions include those requirements developed pursuant to this article, th ose appearing in 40 C.F.R. §§ 60 and 61 (July8

1, 2009), requirements within the state implementat ion plan, and permit requirements established pursuant to this article or 40 C.F.R. § 51 Subpart I (July 1, 2009). The use of this term does not impede the department's authority under state law t o enforce these limits and conditions;

(30) "Final permit" the version of an operating p ermit issued by the permitting authority for a source that has completed all required review procedures;

(31) "Fuel-burning unit," a furnace, boiler, appa ratus, stack, or any of their components used in the process of burning fuel or other combus tible material for the primary purposes of producing heat or power by indirect heat transfer;

(32) "Fugitive emissions," those air pollutants w hich could not reasonably pass through a stack, chimney, vent, or other functionally equival ent opening;

(33) "General permit," a permit issued by the boa rd in accordance with SDCL 34A-1-56 that may be made applicable to numerous similar sou rces;

(34) "Heat input," the aggregate heat content of all fuels whose products of combustion pass through a stack or stacks, using the heat inpu t value of the equipment manufacturer's or designer's guaranteed maximum input, whichever is g reater;

(35) "Incinerator," a furnace used to burn solid waste to reduce the volume of the waste by removing its combustible material;9

(36) "Malfunction," any sudden and unavoidable fa ilure of air pollution control equipment or process equipment or of a process to operate in a normal or usual manner, but not a failure caused entirely or in part by poor maintenance, car eless operation, preventable equipment breakdown, or any other cause within the control of the owner or operator of the source;

(37) "Minor source," a source whose potential emi ssions of a criteria pollutant are less than 100 tons a year and which does not meet the de finition of a Part 70 source;

(38) "New source," a source that has not been con structed and does not possess a permit or an approved state-issued variance;

(39) "Nonattainment area," an area that does not meet or that contributes to ambient air quality in a nearby area that does not meet the nat ional primary or secondary ambient air quality standard for the pollutant;

(40) "NSR," new source review;

(41) "Opacity," the degree to which emissions red uce the transmission of light and obscure the view of an object in the background;10

(42) "Open burning," the burning of any matter in such a manner that the products of combustion resulting from the burning are emitted d irectly into the ambient air without passage through a stack, duct, or chimney;

(43) "Operating permit," a written authorization issued by the board or the secretary for the operation of a source;

(44) "Owner or operator," any person who owns, le ases, operates, controls, or supervises a

source;

(45) Repealed;

(46) "Part 70 operating permit," any permit or gr oup of permits covering a Part 70 source that is issued, renewed, amended, or revised;

(47) "Part 70 source," any source subject to § 74 :36:05:03;

(48) "Particulate matter," a broad class of chemi cally and physically diverse substances that exist as discrete particles, liquid droplets, or solids over a wide range of sizes;

(49) "Permit modification," a change to a source which operates under a minor source operating permit or Part 70 operating permit that m eets the requirements of § 74:36:01:10;11

(50) "Permit revision," a revision to a minor sou rce operating permit or Part 70 operating permit to incorporate a permit modification, admini strative permit amendment, or minor permit amendment;

(51) "Person," an individual, corporation, partne rship, firm, association, trust, estate, public or private institution, group, agency, polit ical subdivision or state agency or any legal successor, representative, agent, or agency of the foregoing;

(52) "PM10," particulate matter with an aerodynam ic diameter less than or equal to a nominal ten micrometers as measured by an applicabl e reference or equivalent method;

(53) "Proposed Part 70 operating permit," a permi t that the department has forwarded to EPA for review after the closure of the public noti ce period and after considering any public comments, including those from affected states;

(54) "PSD," prevention of significant deteriorati on;

(55) Repealed;

(56) "Salvage operation," an operation conducted in whole or in part for the reclaiming of product or material;12

(57) "Secretary," the secretary of the South Dako ta Department of Environment and Natural Resources or an authorized representative;

(58) "Shutdown," the cessation of operation of an y control equipment, process equipment, or process for any purposes;

(59) "Smoke," small gas-borne particles resulting from incomplete combustion, consisting predominantly, but not exclusively, of carbon, ash, and other combustible material, that form a visible plume in the air;

(60) "Source," a facility that emits or may emit any air pollutant regulated under the Clean Air Act;

(61) "Start-up," the setting into operation of an y control equipment, process equipment, or process for any purpose;

(62) "Title I," Title I of the Clean Air Act Amen dments, provisions for attainment and maintenance of national ambient air quality standar ds;

(63) "Title IV," Title IV of the Clean Air Act Am endments, acid deposition control;

(64) "Title V," Title V of the Clean Air Act Amen dments, permits;13

(65) "Title VI," Title VI of the Clean Air Act Am endments, stratospheric ozone protection;

(66) "Variance," a written authorization issued b y the board to operate a minor source in an attainment area that is not in compliance with c ertain portions of the Act;

(67) "VOC," "volatile organic compounds," as defi ned in 40 C.F.R. § 51.100(s) (July 1, 2009);

(68) "Wire reclamation furnace," a furnace that u ses either direct or indirect heat transfer to salvage nonferrous metals through the thermal de struction of solid waste materials;

(69) "PM2.5," particulate matter with an aerodyna mic diameter less than or equal to a nominal 2.5 micrometers as measured by an applicabl e reference or equivalent method;

(70) "SO2," sulfur dioxide;

(71) "NO2," nitrogen dioxide; and

(72) "Construction permit," a written authorizati on issued by the board or the secretary for the construction and operation of a new source or m odification to an existing source.14

(73) “Subject to regulation” as defined in 40 CFR § 70.2 (July 1, 2009), as rev ised in publication 75 Fed. Reg. 31607 (June 3, 2010), in a ccordance with EPA requirements.

Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from § 34:10:01:01, 7 SDR 4, effective July 27, 1980; tr ansferred from § 44:10:01:01, effective July 1, 1981; 8 SDR 71, effective December 21, 1981; 10 SDR 68, effective January 5, 1984; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 14 SDR 72, effective November 24, 1987; 16 SDR 88, effective November 14, 1989; 17 SDR 170, effective May 13, 1991; transferred from § 74:26:01:01, 19 SDR 157, effective April 22, 1993 ; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 1996; 25 SDR 123, e ffective April 4, 1999; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 36 SDR 207, effective June 28, 2010. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6.

Reference: Standard Industrial Classification Manual, 1987, E xecutive Office of the President, Office of Management and Budget. Copies may be obtained from National Technical Information Service, 5285 Port Royal Road, Springfi eld, Virginia 22161, order no. PB 87- 100012. Cost: $31.

74:36:01:08. Major source defined. A major source is any source or any group of sources that is located on one or more contiguous o r adjacent properties, that is under control of15

the same person or of persons under common control, that belongs to a single major industrial grouping, and that is any of the following:

(1) A major source under § 112 of the Clean Air A ct defined as a source or group of sources located within a contiguous area and under common control that emits or has the potential to emit, considering controls, in the agg regate, 10 tons per year (tpy) or more of any hazardous air pollutant which has been listed pursu ant to § 112(b) of the Clean Air Act, 25 tpy or more of any combination of such hazardous air pollu tants, or a lesser quantity established by rule by the administrator of the EPA. Emissions from any oil exploration or production well and its associated equipment and emissions from any pipelin e compressor or pump station may not be aggregated with emissions from other similar units, whether or not such units are in a contiguous area or under common control, to determine whether such units or stations are major sources; or

(2) A major source of air pollutants, as defined in § 302 of the Clean Air Act, that directly emits or has the potential to emit 100 tpy or more of any air pollutant subject to regulation as required by EPA , including any major source of fugitive emissions of any such pollutant, as determined by rule by the administrator of the EPA; or

(3) A major source as defined in Part D of Title I of the Clean Air Act, including;

(a) For ozone nonattainment areas, sources with the potential to emit 100 tons or more per year of volatile organic compounds or oxides of nitrogen in areas classified as "marginal" or "moderate, "50 tons or more per year in areas class ified as "serious," 25 tons or more per year in16

areas classified as "severe," and 10 tons or more p er year in areas classified as "extreme." The references in this subdivision to 100, 50, 25, and 10 tons per year of nitrogen oxides do not apply to any source for which the administrator of the EP A has made a finding, under § 182(f)(1) or (2) of the Clean Air Act, that the requirements of § 18 2(f) of the Clean Air Act do not apply;

(b) For ozone transport regions established purs uant to § 184 of the Clean Air Act, sources with the potential to emit 50 tons or more per year of volatile organic compounds;

(c) For carbon monoxide nonattainment areas that are classified as "serious" and in which sources contribute significantly to carbon mo noxide levels as determined under rules issued by the administrator of the EPA, sources wit h the potential to emit 50 tons or more per year of carbon monoxide; and

(d) For particulate matter (PM10) nonattainment areas classified as "serious," sources with the potential to emit 70 tons or more per year of PM10.

A source or group of sources is considered as part of a single industrial grouping if all of the pollutant-emitting activities of the source or group of sources belong to the same major group (i.e. which have the same two-digit code) as descri bed in the Standard Industrial Classification Manual, 1987.17

Source: List of stationary sources transferred from § 74:2 6:01:03, 17 SDR 170, effective May 13, 1991; transferred from §§ 74:26:01:06.05 an d 74:26:01:06.07, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 19 95; 25 SDR 123, effective April 4, 1999. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6.

Cross-Reference: Classification defined, Title I of the Clean Air A ct.

Reference: Standard Industrial Classification Manual, 1987, E xecutive Office of the President, Office of Management and Budget. Copies may be obtained from National Technical Information Service, 5285 Port Royal Road, Springfi eld, Virginia 22161, order no. PB 87- 100012. Cost: $31.

74:36:01:15. Regulated air pollutant defined. A regulated air pollutant is one of the following:

(1) Nitrogen oxides or any volatile organic compo unds;

(2) Nitrogen dioxide, PM10, sulfur dioxide, carbo n monoxide, lead, ozone, or any pollutant for which a national ambient air quality standard has been promulgated in the Clean Air Act;18

(3) Any pollutant that is addressed by any standa rd promulgated under § 111 of the Clean Air Act;

(4) Any Class I or II substance subject to a stan dard promulgated under or established by Title VI of the Clean Air Act; or

(5) Any pollutant subject to a standard promulgat ed under § 112 of the Clean Air Act or other requirements established under §§ 112(g), (j) , and (r) of the Clean Air Act, including the following:

(a) Any pollutant subject to a standard promulga ted under § 112(j) of the Clean Air Act. If the administrator of the EPA fails to promu lgate a standard by the date established in § 112(e) of the Clean Air Act, any pollutant for wh ich a subject source would be major shall be considered to be regulated on that date; and

(b) Any pollutant for which the requirements of § 112(g)(2) of the Clean Air Act have been met, but only for the individual source subjec t to § 112(g)(2) requirement ; or

(6) Any of the six greenhouse gases designated by EPA as regulated air pollutants: carbon dioxide, nitrous oxide, methane, hydrofluorocarbons , perfluorocarbons, and sulfur hexafluoride

.

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995. General Authority: SDCL 34A-1-6.19

Law Implemented: SDCL 34A-1-6.

CHAPTER 74:36:09

PREVENTION OF SIGNIFICANT DETERIORATION

Section 74:36:09:01 Applicability. 74:36:09:01.01 Prevention of significant deteriorat ion permit required. 74:36:09:02 Prevention of significant deterioratio n. 74:36:09:03 Public participation.

74:36:09:02. Prevention of significant deteriorati on. For the purposes of this chapter, the state's definitions and requirements for the pr evention of significant deterioration are those in 40 C.F.R. § 52.21 (July 1, 2009), as revised by EPA in publication 75 Fed. Reg. 31606 and 31607 (June 3, 2010), except for 40 C.F.R. § 52.21(a)(1), (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 fol lowing differences:20

(1) For the purposes of this section, all terms d efined in this section have the meaning defined in 40 C.F.R. § 52.21, except for the term " administrator" which means the secretary with the following exceptions:

(a) In 40 C.F.R. §§ 52.21(b)(3)(iii) and 52.21(b )(37)(iii), the term "administrator" means either the secretary or the administrator of EPA, as applicable;

(b) In 40 C.F.R. §§ 52.21(w)(2) to 52.21(w)(4), inclusive, the term "administrator" means either the secretary or the administrator of EPA, as applicable;

(c) In 40 C.F.R. §§ 52.21(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), inclus ive; 52.21(l)(2); and 52.21(p)(2) the term "administrator" means the administrator of EPA;

(2) For the purposes of this section, the term "A ct" 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 proje cted increase is determined by summing the values determined using the method specified in par agraph (a)(2)(iv)( c ) of this section for the21

existing unit and using the method specified in par agraph (a)(2)(iv)( e ) of this section for the Clean Unit";

(5) For the purposes of this section, 40 C.F.R. § 52.21(b)(2)(iii)(a) is incorporated by reference excluding the second sentence which state s, "Routine maintenance, repair and replacement shall include, but not be limited to, a ny activity(s) that meets the requirements of the equipment replacement provisions contained in parag raph (cc) of this section";

(6) For the purposes of this section, 40 C.F.R. § 52.21(r)(6) is incorporated by reference excluding the phrase, "(other than projects at a Cl ean Unit or at a source with a PAL)";

(7) For the purposes of this section, 40 C.F.R. § 52.21(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. § 52.21(w)(1) is incorporated by reference excluding the phrase, "expires under paragraph (s) of this section or".

The secretary shall transmit to the administrator of the EPA a copy of each permit application subject to this section and shall notif y the administrator of the EPA of each significant action the secretary takes on the appli cation.

If EPA stays or withdraws the regulation of greenh ouse gases as identified in publication 75 Fed. Reg. 31606 and 31607 (June 3, 2010), or a c ourt issues an order vacating or otherwise22

invalidating EPA’s regulation of greenhouse gases f or any reason, the regulation of greenhouse gases by Article 74:36 are void as of the date of s uch administrative or judicial action and shall

have no further force and effect.

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, ef fective 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-1-18.

CHAPTER 74:36:20

CONSTRUCTION PERMITS FOR NEW SOURCES OR MODIFICATIO NS

Section 74:36:20:01 Applicability. 74:36:20:02 Construction permit required. 74:36:20:02.01 Initiating construction prior to per mit issuance. 74:36:20:03 Construction permit exemption. 74:36:20:04 Emission unit exemptions.23

74:36:20:05 Standard for issuance of construction permit. 74:36:20:06 Timely and complete application for a construction permit required. 74:36:20:07 Required contents of complete applicat ion for a construction permit. 74:36:20:08 Applicant required to supplement or co rrect application. 74:36:20:09 Permit application -- Completeness rev iew. 74:36:20:10 Time period for department's recommend ation. 74:36:20:11 Public participation in permitting pro cess. 74:36:20:12 Public review of department's draft pe rmit. 74:36:20:13 Final permit decision -- Notice to int erested persons. 74:36:20:14 Right to petition for contested case h earing. 74:36:20:15 Contents of construction permit. 74:36:20:16 Administrative permit amendment. 74:36:20:17 Procedures for administrative permit a mendments. 74:36:20:18 Reopening construction permit for caus e. 74:36:20:19 Procedures to reopen construction perm it. 74:36:20:20 Construction permit does not exempt fr om other requirements. 74:36:20:21 Expiration of a construction permit. 74:36:20:22 Notice of constructing or operating no ncompliance -- Contents. 74:36:20:23 Petition for contested case or alleged violation.

74:36:20:24 Circumvention of emissions not allowed

.24

74:36:20:02. Construction permit required. A person may not construct, install, modify, or operate any source or unit likely to cau se the emission of air pollutants into the ambient air or any equipment that prevents or contr ols the emission of air pollutants into the ambient air until a construction permit has been is sued by the board or the secretary , unless it meet the requirements in § 74:36:20:02.01.

Source: 36 SDR 207, effective June 28, 2010. General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-21.

74:36:20:02.01. Initiating construction prior to p ermit issuance. The owner or operator of a new source or modification to an existing sour ce may initiate construction prior to issuance of the construction permit by the department if the owner or operator meets the following requirements:

(1) The owner or operator has submitted a constru ction permit application to the department in accordance with § 74:36:20:06;

(2) The owner or operator has submitted a notifica tion to the department of its intentions to initiate construction prior to issuance of the c onstruction permit five working days before initiating construction;25

(3) The new source or modification to an existing source is not subject to chapters 74:36:09 or 74:36:10. The provisions in chapters 74 :36:09 or 74:36:10 remain applicable until the new source or modification to an existing sourc e legally obtains a construction permit with federally enforceable conditions which limit the so urces potential to emit below the applicable thresholds in chapters 74:36:09 or 74:36:10;

(4) The new source or modification to an existing source is not subject to § 74:36:08:03.01. The provisions in § 74:36:08:03.01 remain applicable until the new source or modification to an existing source legally obtains a construction permit with federally enforceable conditions which limit the sources pote ntial to emit below the applicable thresholds in § 74:36:08:03.01;

(5) The owner or operator must assume any liabili ty for construction conducted on a source before the permit is issued and in no case w ill the applicant be allowed to operate the equipment in any way that may emit any air polluta nt prior to receiving a construction permit;

(6) The owner or operator must cease construction if the department’s evaluation

demonstrates the construction of the new source or modification to the existing source will

interfere with the attainment or maintenance of a n ational ambient air quality standard or increment; and

(7) The owner or operator will be required to make any changes to the new source or modification of an existing source that may be impo sed in the issued construction permit.26

Source: General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-21.