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 hazardous 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74:36:14 Variances, Repealed.

74:36:15 Open burning, Transferred or Repealed.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.

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74:36:19 Mercury budget trading program, Repealed.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.

74:36:21 Regional haze program.

CHAPTER 74:36:01

DEFINITIONS

Section

74:36:01:01 Definitions.

74:36:01:02 Repealed.

74:36:01:03 Administrative permit amendment defined.

74:36:01:04 Affected states defined.

74:36:01:05 Applicable requirements of the Clean Air 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74:36:01:07 Repealed.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.

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74:36:01:14 Repealed.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74:36:01:17 Repealed.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 landfill defined.

74:36:01:20 Physical change in or change in the method 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 Codified 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 rain 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 dioxide and nitrogen oxides air pollution control 

and emissions reduction program established in accordance with Title IV of the Clean Air Act;

(4) "Administrator," the administrator of the Environmental 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 any of the emission reduction requirements or 

emission limits pursuant to Title IV of the Clean Air 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 calculated using the maximum rated capacity 

of a source unless the source is subject to federally enforceable limits which restrict operating rate, 

hours of operation, or both, and the most stringent of the following:

(a) The applicable new source performance standards in chapter 74:36:07;

(b) The applicable national emission standards in chapter 74:36:08;

(c) Any applicable emission limitations specified in this article, including those with a 

future compliance date;

(d) The emission rate specified as a permit condition; or

(e) The applicable standards in 40 C.F.R. Part 60, 61, or 63 (July 1, 2012);

(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 Environment;

(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 to the Clean Air Act enacted in Pub. L. 

No. 101-549, November 15, 1990;

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

(18) "Criteria pollutant," selected and specified pollutants for which limiting ambient air 

quality standards have been set, including sulfur dioxides, 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 accordance with the Clean Air Act, to represent the owner or 

operator in matters pertaining to the holding, transfer, or disposition of allowances allocated to the 

unit and the submission of and compliance 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 federally 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 requirement 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;

(24) "Emission unit," "Unit," any part or activity 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 relationship to the reference method under specified 

conditions;

(27) "Existing source," a source that has an approved state-issued permit;

(28) "Facility," a building, structure, or installation 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 persons under common control, except the activities 

of a water-borne vessel. Pollutant-emitting 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, 1987;

(29) "Federally enforceable," all limits and conditions that are enforceable by the 

administrator of EPA pursuant to federal law. These limits and conditions include those 

requirements developed pursuant to this article, those appearing in 40 C.F.R. §§ 60 and 61 (July 1, 

2012), requirements within the state implementation plan, and permit requirements established 

pursuant to this article or 40 C.F.R. § 51 Subpart I (July 1, 2012). The use of this term does not 

impede the department's authority under state law to enforce these limits and conditions;

(30) "Final permit" the version of an operating permit issued by the permitting authority for 

a source that has completed all required review procedures;

(31) "Fuel-burning unit," a furnace, boiler, apparatus, stack, or any of their components used 

in the process of burning fuel or other combustible material for the primary purposes of producing 

heat or power by indirect heat transfer;

(32) "Fugitive emissions," those air pollutants which could not reasonably pass through a 

stack, chimney, vent, or other functionally equivalent opening;

(33) "General permit," a permit issued by the board in accordance with SDCL 34A-1-56 that 

may be made applicable to numerous similar sources;

(34) "Heat input," the aggregate heat content of all fuels whose products of combustion pass 

through a stack or stacks, using the heat input value of the equipment manufacturer's or designer's 

guaranteed maximum input, whichever is greater;

(35) "Incinerator," a furnace used to burn solid waste to reduce the volume of the waste by 

removing its combustible material;

(36) "Malfunction," any sudden and unavoidable failure 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, careless 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 emissions of a criteria pollutant are less than 

100 tons a year and which does not meet the definition of a Part 70 source;
(38) "New source," a source that has not been constructed and does not possess a permit;

(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 national primary or secondary ambient air quality 

standard for the pollutant;

(40) "NSR," new source review;

(41) "Opacity," the degree to which emissions reduce the transmission of light and obscure 

the view of an object in the background;

(42) "Open burning," the burning of any matter in such a manner that the products of 

combustion resulting from the burning are emitted directly 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, leases, operates, controls, or supervises a 

source;

(45) Repealed;

(46) "Part 70 operating permit," any permit or group 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 chemically 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 meets the requirements of § 74:36:01:10;

(50) "Permit revision," a revision to a minor source operating permit or Part 70 operating 

permit to incorporate a permit modification, administrative permit amendment, or minor permit 

amendment;

(51) "Person," an individual, corporation, partnership, firm, association, trust, estate, public 

or private institution, group, agency, political subdivision or state agency or any legal successor, 

representative, agent, or agency of the foregoing;

(52) "PM10," particulate matter with an aerodynamic diameter less than or equal to a 

nominal ten micrometers as measured by an applicable reference or equivalent method;

(53) "Proposed Part 70 operating permit," a permit that the department has forwarded to 

EPA for review after the closure of the public notice period and after considering any public 

comments, including those from affected states;
(54) "PSD," prevention of significant deterioration;

(55) Repealed;

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

product or material;

(57) "Secretary," the secretary of the South Dakota Department of Environment and Natural 

Resources or an authorized representative;

(58) "Shutdown," the cessation of operation of any 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 any control equipment, process equipment, or 

process for any purpose;

(62) "Title I," Title I of the Clean Air Act Amendments, provisions for attainment and 

maintenance of national ambient air quality standards;

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

(64) "Title V," Title V of the Clean Air Act Amendments, permits;

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

(66) Repealed;

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

2012);

(68) "Wire reclamation furnace," a furnace that uses either direct or indirect heat transfer to 

salvage nonferrous metals through the thermal destruction of solid waste materials;

(69) "PM2.5," particulate matter with an aerodynamic diameter less than or equal to a 

nominal 2.5 micrometers as measured by an applicable reference or equivalent method;

(70) "SO2," sulfur dioxide;

(71) "NO2," nitrogen dioxide;
(72) "Construction permit," a written authorization issued by the board or the secretary for 

the construction and operation of a new source or modification to an existing source; and

(73) "Subject to regulation," as defined in 40 CFR § 70.2 (July 1, 2012), as revised in 

publication 75 Fed. Reg. 31607 (June 3, 2010), in accordance 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; transferred 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, effective 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; 37 SDR 182, effective April 20, 2011; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6.

Reference: Standard Industrial Classification Manual, 1987, Executive Office of the 

President, Office of Management and Budget. Copies may be obtained from National Technical 

Information Service, 5285 Port Royal Road, Springfield, Virginia 22161, order no. PB 87-100012. 

Cost: $31.

74:36:01:02. Actual emissions defined. Repealed.

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; transferred 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; 

repealed, 31 SDR 101, effective January 2, 2005.

74:36:01:03. Administrative permit amendment defined. An administrative permit 

amendment is an amendment to an existing permit and is issued by the secretary. The secretary 

may issue an administrative permit amendment if it accomplishes one of the following:

(1) Corrects typographical errors;

(2) Changes the name, address, or phone number of any person identified in the permit or 

provides a similar minor administrative change at the source;

(3) Requires more frequent monitoring or reporting by the permittee;

(4) Allows for a change in ownership or operational control of a source if the department 

determines that no other change in the permit is necessary and a written agreement containing a 

specific date for transfer of permit responsibility, coverage, and liability between the current and 
new permittee has been submitted to the department. If the change in ownership or operational 

control changes the designated representative for an acid rain permit, the change is considered a 

permit modification and the procedures outlined in § 74:36:05:39 apply; or

(5) Any other change that the Administrator of the EPA and the secretary determines to be 

similar to the requirements in subdivisions (1) to (4), inclusive, of this section.

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 25 

SDR 123, effective April 4, 1999.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6.

74:36:01:04. Affected states defined. Affected states are all states whose air quality may be 

affected by and that are contiguous to the state in which an operating permit, permit modification, 

or permit renewal for a Part 70 source is being proposed or that are within 50 miles of the 

permitted source.

Source: 19 SDR 157, effective April 22, 1993.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6.

74:36:01:05. Applicable requirements of the Clean Air Act defined. Applicable 

requirements of the Clean Air Act include all of the following as they apply to emissions units in a 

Part 70 source, unless the context of the Clean Air Act requires otherwise:

(1) Any standard or other requirement provided for in the applicable implementation plan 

approved or promulgated by EPA through rulemaking under Title I of the Clean Air Act that 

implements the relevant requirements of the Clean Air Act, including any revisions to that plan 

promulgated in Part 52 of 40 C.F.R. (July 1, 2012);

(2) Any term or condition of any preconstruction permits issued pursuant to regulations 

approved through rulemaking under Title I, including Parts C or D, of the Clean Air Act;

(3) Any standard or other requirement under § 111 of the Clean Air Act, including § 111(d);

(4) Any standard or other requirement under § 112 of the Clean Air Act, including any 

requirement concerning accident prevention under § 112(r)(7) of the Clean Air Act;

(5) Any standard or other requirement of the acid rain program under Title IV of the Clean 

Air Act or the regulations promulgated under it;

(6) Any monitoring, reporting, and certification requirements established pursuant to 

§ 504(b) or 114(a)(3) of the Clean Air Act;

(7) Any standard or other requirement governing solid waste incineration, under § 129 of the 

Clean Air Act;
(8) Any standard or other requirement for consumer and commercial products, under 

§ 183(e) of the Clean Air Act;

(9) Any standard or other requirement for tank vessels, under § 183(f) of the Clean Air Act;

(10) Any standard or other requirement of the program to control air pollution from outer 

continental shelf sources, under § 328 of the Clean Air Act;

(11) Any standard or other requirement of the regulations promulgated to protect 

stratospheric ozone under Title VI of the Clean Air Act, unless the administrator of the EPA has 

determined that such requirements need not be contained in a Part 70 operating permit; and

(12) Any national ambient air quality standard or increment or visibility requirement under 

Part C of Title I of the Clean Air Act, but only as it would apply to temporary sources permitted 

pursuant to § 504(e) of the Clean Air Act.

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 25 

SDR 123, effective April 4, 1999; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective 

June 13, 2006; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6.

74:36:01:06. Complete application defined. A complete application is one that the 

department has determined to contain all the information needed to begin to process the 

application. A determination that an application is complete continues in effect if the source 

submits by the date or dates specified by the department any additional information reasonably 

determined by the department to be necessary for developing and issuing the permit and requested 

in writing.

Source: 19 SDR 157, effective April 22, 1993.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6.

74:36:01:07. Major modification defined. Repealed.

Source: 8 SDR 71, effective December 21, 1981; 13 SDR 129, 13 SDR 141, effective July 

1, 1987; 17 SDR 170, effective May 13, 1991; transferred from § 74:26:01:02.01, 19 SDR 157, 

effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April 4, 

1999; repealed, 31 SDR 101, effective January 2, 2005.

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 or adjacent properties, that is under control of 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 Act 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 aggregate, 10 tons per year (tpy) or more of any hazardous air pollutant 
which has been listed pursuant to § 112(b) of the Clean Air Act, 25 tpy or more of any combination

of such hazardous air pollutants, 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 pipeline 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 classified as "serious," 25 tons or more per year in 

areas classified as "severe," and 10 tons or more per 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 EPA has made a finding, under § 182(f)(1) or (2) 

of the Clean Air Act, that the requirements of § 182(f) of the Clean Air Act do not apply;

(b) For ozone transport regions established pursuant 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 monoxide levels as determined under rules issued by the 

administrator of the EPA, sources with 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 described in the Standard Industrial Classification Manual, 

1987.

Source: List of stationary sources transferred from § 74:26:01:03, 17 SDR 170, effective 

May 13, 1991; transferred from §§ 74:26:01:06.05 and 74:26:01:06.07, 19 SDR 157, effective 

April 22, 1993; 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April 4, 1999; 37 

SDR 182, effective April 20, 2011.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6.

Cross-Reference: Classification defined, Title I of the Clean Air Act.
Reference: Standard Industrial Classification Manual, 1987, Executive Office of the 

President, Office of Management and Budget. Copies may be obtained from National Technical 

Information Service, 5285 Port Royal Road, Springfield, Virginia 22161, order no. PB 87-100012. 

Cost: $31.

74:36:01:09. Categories of sources defined. The fugitive emissions of a source shall not be 

included in determining whether it is a major source for any of the purposes of § 74:36:01:08 

unless the source belongs to one of the following categories of sources:

(1) Coal cleaning plants with thermal dryers;

(2) Kraft pulp mills;

(3) Portland cement plants;

(4) Primary zinc smelters;

(5) Iron and steel mills;

(6) Primary aluminum ore reduction plants;

(7) Primary copper smelters;

(8) Municipal incinerators capable of charging more than 250 tons of refuse per day;

(9) Hydrofluoric, sulfuric, or nitric acid plants;

(10) Petroleum refineries;

(11) Lime plants;

(12) Phosphate rock processing plants;

(13) Coke oven batteries;

(14) Sulfur recovery plants;

(15) Carbon black plants (furnace process);

(16) Primary lead smelters;

(17) Fuel conversion plants;

(18) Sintering plants;

(19) Secondary metal production plants;

(20) Chemical process plants;

(21) Fossil fuel-fired boilers totaling more than 250 million British thermal units per hour 

heat input;

(22) Petroleum storage and transfer units with a total storage capacity exceeding 300,000 

barrels;

(23) Taconite ore processing plants;

(24) Glass fiber processing plants;

(25) Charcoal production plants;

(26) Fossil fuel-fired steam electric plants of more than 250 million British thermal units per 

hour heat input; and

(27) Any other source category, which as of August 7, 1980, is regulated under § 111 or 112 

of the Clean Air Act but only for those air pollutants that have been regulated for that category.

Source: Transferred from § 74:26:01:03, 17 SDR 170, effective May 13, 1991; transferred 

from § 74:26:01:06.07, 19 SDR 157, effective April 22, 1993; 31 SDR 101, effective January 2, 

2005.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6.
74:36:01:10. Modification defined. Modification is a physical change in or change in the 

method of operation of a source that results in at least one of the following:

(1) An increase in the amount of an air pollutant emitted by that source or in the emission of 

an air pollutant not previously emitted;

(2) A significant change to existing monitoring, reporting, or record keeping requirements in 

the permit;

(3) The change requires or changes a case-by-case determination of an emission limit or 

other standard, a source-specific determination for temporary sources of ambient impacts, or a 

visibility or increment analysis; or

(4) The change seeks to establish or change a permit term or condition for which there is a 

corresponding underlying applicable requirement that the source has assumed to avoid an 

applicable requirement, a federally enforceable emissions cap assumed to avoid classification as a 

modification under any provision of Title I, or an alternative emissions limit approved pursuant to 

regulations promulgated under § 112(i)(5) of the Clean Air Act.

Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from 

§ 34:10:01:01(18), 7 SDR 4, effective July 27, 1980; transferred from § 44:10:01:02, effective July 

1, 1981; 8 SDR 71, effective December 21, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 

1987; 17 SDR 170, effective May 13, 1991; transferred from § 74:26:01:02, 19 SDR 157, effective 

April 22, 1993; 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April 4, 1999; 31 

SDR 101, effective January 2, 2005; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6.

74:36:01:11. National ambient air quality standard (NAAQS). The national primary 

ambient air quality standards define levels of air quality that are necessary, with a margin of safety, 

to protect the public health. The national secondary ambient air quality standards define levels of 

air quality that are necessary to protect the public welfare from any known or anticipated adverse 

effects of a pollutant. These standards are located in chapter 74:36:02.

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; transferred 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.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6.

74:36:01:12. Potential to emit defined. The potential to emit for sources shall be based on 

the maximum rated capacity of a source to emit a pollutant under its physical or operational design. 

Any physical or operational limitation on the capacity of a source to emit a pollutant, including air 

pollution control equipment and restrictions on hours of operation or on the type or amount of 

material combusted, stored, or processed, shall be treated as part of its design if the limitation is 
federally enforceable. Secondary emissions are not included when determining the potential to 

emit.

Source: 7 SDR 4, effective July 27, 1980; transferred from § 44:10:01:03, effective July 1, 

1981; 10 SDR 68, effective January 5, 1984; 13 SDR 129, 13 SDR 141, effective July 1, 1987; list 

of stationary sources transferred to § 74:26:01:06.07, 17 SDR 170, effective May 13, 1991; 

transferred from § 74:26:01:03, 19 SDR 157, effective April 22, 1993.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6.

74:36:01:13. Process weight rate defined. Process weight per hour is the total weight of all 

raw materials and other materials introduced into any specific process that may cause an emission 

of a regulated pollutant. Solid fuels charged are considered as part of the process weight, but liquid 

and gaseous fuels and combustion air are not.

The process weight rate for continuous or long-run steady-state operations is the total process 

weight for the entire period of continuous operation or for a typical portion divided by the number 

of hours of the period or portion.

The process weight rate for cyclical or batch operation is the total process weight for a period 

that covers a complete operation or an integral number of cycles divided by the hours of actual 

process operation during such a period.

If the nature of a process or operation or the design of equipment permits more than one 

interpretation of data, the interpretation that results in the minimum value for allowable emissions 

applies.

Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from 

§ 34:10:01:01(29), 7 SDR 4, effective July 27, 1980; transferred from § 44:10:01:04, effective July 

1, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; transferred from § 74:26:01:04, 19 SDR 

157, effective April 22, 1993.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6.

74:36:01:14. Reconstruction of sources defined. Repealed

Source: 7 SDR 4, effective July 27, 1980; transferred from § 44:10:01:05, effective July 1, 

1981; 10 SDR 68, effective January 5, 1984; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 17 

SDR 170, effective May 13, 1991; transferred from § 74:26:01:05, 19 SDR 157, effective April 22, 

1993; repealed, 31 SDR 101, effective January 2, 2005.

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

following:

(1) Nitrogen oxides or any volatile organic compounds;

(2) Nitrogen dioxide, PM10, sulfur dioxide, carbon monoxide, lead, ozone, or any pollutant 

for which a national ambient air quality standard has been promulgated in the Clean Air Act;
(3) Any pollutant that is addressed by any standard promulgated under § 111 of the Clean 

Air Act;

(4) Any Class I or II substance subject to a standard promulgated under or established by 

Title VI of the Clean Air Act;

(5) Any pollutant subject to a standard promulgated 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 promulgated under § 112(j) of the Clean Air Act. 

If the administrator of the EPA fails to promulgate a standard by the date established in § 112(e) of 

the Clean Air Act, any pollutant for which 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 subject 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; 37 

SDR 182, effective April 20, 2011.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6.

74:36:01:16. Responsible official defined. A responsible official is defined as one of the 

following:

(1) For a corporation, a president, secretary, treasurer, or vice-president of the corporation in 

charge of a principal business function or any other person who performs similar policy or 

decision-making functions for the corporation, or a duly authorized representative of such person if 

the representative is responsible for the overall operation of one or more manufacturing, 

production, or operating facilities applying for or subject to a permit, and either:

(a) The facility employs more than 250 persons or has gross annual sales or expenditures 

exceeding $25 million (in second quarter 1980 dollars); or

(b) The delegation of authority to such a representative is approved in advance by the 

department;

(2) For a partnership or sole proprietorship, a general partner or the proprietor, respectively;

(3) For a municipal, state, federal, or other public agency, either a principal executive officer 

or ranking elected official. For the purposes of this subdivision, a principal executive officer of a 

federal agency includes the chief executive officer having responsibility for the overall operations 

of a principal geographic unit of the agency; or
(4) For affected sources:

(a) The designated representative insofar as actions, standards, requirements, or 

prohibitions under Title IV of the Clean Air Act or the regulations promulgated under it are 

concerned; or

(b) The designated representative for any other purposes under chapter 74:36:05.

Source: 19 SDR 157, effective April 22, 1993; 31 SDR 101, effective January 2, 2005.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6.

74:36:01:17. Significant defined. Repealed.

Source: 8 SDR 71, effective December 21, 1981; 13 SDR 129, 13 SDR 141, effective July 

1, 1987; 17 SDR 170, effective May 13, 1991; transferred from § 74:26:01:06.04, 19 SDR 157, 

effective April 22, 1993; 25 SDR 123, effective April 4, 1999; repealed, 31 SDR 101, effective 

January 2, 2005.

74:36:01:18. Municipal solid waste landfill defined. Municipal solid waste landfill means 

the entire disposal facility in a contiguous geographical space where household waste, commercial 

solid waste, nonhazardous sludge, conditionally exempt small-quantity generator waste, or 

industrial solid waste is placed in or on land. Portions of the municipal solid waste landfill may be 

separated by access roads. A municipal solid waste landfill may be publicly or privately owned, a 

new landfill, an existing landfill, or a lateral expansion.

Source: 23 SDR 106, effective December 29, 1996.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-18.

74:36:01:19. Existing municipal solid waste landfill defined. An existing municipal solid 

waste landfill is a municipal solid waste landfill that commenced construction, reconstruction, or 

modification before May 30, 1991. An existing municipal solid waste landfill may be active or 

closed. Physical or operational changes made to an existing municipal solid waste landfill solely to 

comply with applicable emission limits are not considered a modification or reconstruction. 

Source: 23 SDR 106, effective December 29, 1996.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-18.

74:36:01:20. Physical change in or change in the method of operation defined. A 

physical change in or change in the method of operation does not include the following:

(1) Routine maintenance, repair, and replacement;

(2) Use of an alternative fuel or raw material because of an order under §§ 2(a) and (b) of 

the Energy Supply and Environmental Coordination Act of 1974, as amended and in effect on 

January 1, 1993, or because of a natural gas curtailment plan pursuant to the Federal Power Act as 

in effect on January 1, 1993;
(3) Use of an alternative fuel because of an order or rule under § 125 of the Clean Air Act;

(4) Use at a steam generating unit of an alternative fuel that is generated from municipal 

solid waste;

(5) An increase in the hours of operation or in the production rate, unless the change is 

prohibited under a federally enforceable permit condition which was established after January 6, 

1975, pursuant to 40 C.F.R. § 52.21 (July 1, 2012), or under regulations approved pursuant to 40 

C.F.R. Part 51, Subpart I, or 40 C.F.R. § 51.166 (July 1, 2012);

(6) Any change of ownership at a source;

(7) The use of an alternative fuel or raw material by a source which the source was capable 

of accommodating before January 6, 1975, unless the change is prohibited under a federally 

enforceable permit condition which was established after January 6, 1975, pursuant to 40 C.F.R. 

§ 52.21 (July 1, 2012), or under regulations approved pursuant to 40 C.F.R. Part 51, Subpart I, or 

40 C.F.R. § 51.166 (July 1, 2012); and

(8) The use of an alternative fuel or raw material which the source is approved to use under 

a permit issued under 40 C.F.R. § 52.21 (July 1, 2012) or under regulations approved pursuant to 

40 C.F.R. § 51.165 (July 1, 2012).

Source: 25 SDR 123, effective April 4, 1999; 31 SDR 101, effective January 2, 2005; 32 

SDR 209, effective June 13, 2006; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective 

June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6.

74:36:01:21. Commenced construction defined. Commenced construction means the 

owner or operator has all necessary construction approvals or permits and has:

(1) Begun, or caused to begin, a continuous program of actual on-site construction of the 

new source or modification to the existing source; or

(2) Entered into a binding agreement or contractual obligation, which cannot be cancelled or 

modified without substantial loss to the owner or operator, to undertake a program of actual 

construction of the source.

Source: 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6.

CHAPTER 74:36:02

AMBIENT AIR QUALITY
Section

74:36:02:01 Air quality goals.

74:36:02:02 Ambient air quality standards.

74:36:02:03 Methods of sampling and analysis.

74:36:02:04 Air quality monitoring network.

74:36:02:05 Ambient air monitoring requirements.

74:36:02:01. Air quality goals. The air quality goals are as follows:

(1) Protection of the public health;

(2) Prevention of damage to buildings, property, animals, plants, forests, and agricultural 

crops;

(3) Optimization of visibility; and

(4) Minimization of the corrosion of or damage to metals or other materials.

Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from 

§ 34:10:02:01, 7 SDR 4, effective July 27, 1980; transferred from § 44:10:02:01, effective July 1, 

1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; transferred from § 74:26:02:01, 19 SDR 

157, effective April 22, 1993.

General Authority: SDCL 34A-1-6, 34A-1-15.

Law Implemented: SDCL 34A-1-15.

74:36:02:02. Ambient air quality standards. The ambient air quality standards listed in 40 

C.F.R. §§ 50.1 to 50.5, inclusive, (July 1, 2012); 40 C.F.R. § 50.6 (July 1, 2012); 40 C.F.R. 

§ 50.7(a)(1), (b), and (c) (July 1, 2012); 40 C.F.R. § 50.8 and 40 C.F.R. §§ 50.10 to 50.12, 

inclusive, (July 1, 2012), define the types and levels of air pollution above which the ambient air 

would limit the attainment of the goals specified in § 74:36:02:01. These standards apply to the 

entire state of South Dakota, and no person may cause these standards to be exceeded. The 

standards include normal background levels of air pollutants.

Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from 

§ 34:10:02:02, 7 SDR 4, effective July 27, 1980; transferred from § 44:10:02:02, effective July 1, 

1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 17 SDR 170, effective May 13, 1991; 

transferred from § 74:26:02:02, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective 

January 5, 1995; 25 SDR 123, effective April 4, 1999; 26 SDR 168, effective June 27, 2000; 31 

SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 36 SDR 207, effective 

June 28, 2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6, 34A-1-15.

Law Implemented: SDCL 34A-1-15.

74:36:02:03. Methods of sampling and analysis. Air pollutants of particulate matter, 

sulfur dioxide, carbon monoxide, ozone, nitrogen dioxide, and lead listed in 40 C.F.R. Part 50

(July 1, 2012) shall be measured by the reference method or methods stated in 40 C.F.R. Part 50, 

Appendix A to Appendix N, inclusive, (July 1, 2012) or an equivalent method designated in 

accordance with 40 C.F.R. Part 53 (July 1, 2012).
Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from 

§ 34:10:02:11, 7 SDR 4, effective July 27, 1980; transferred from § 44:10:02:09, effective July 1, 

1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; transferred from § 74:26:02:09, 19 SDR 

157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April

4, 1999; 26 SDR 168, effective June 27, 2000; 31 SDR 101, effective January 2, 2005; 32 SDR 

209, effective June 13, 2006; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 

2013.

General Authority: SDCL 34A-1-6, 34A-1-15.

Law Implemented: SDCL 34A-1-15.

74:36:02:04. Air quality monitoring network. The department shall outline ambient air 

monitoring goals, changes, and network design in the air quality monitoring network. The 

department shall revise the air quality monitoring network as required by 40 C.F.R. § 58.20 (July 

1, 2012).

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 25 

SDR 123, effective April 4, 1999; 26 SDR 168, effective June 27, 2000; 31 SDR 101, effective 

January 2, 2005; 32 SDR 209, effective June 13, 2006; 36 SDR 207, effective June 28, 2010; 39 

SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6, 34A-1-15.

Law Implemented: SDCL 34A-1-15.

74:36:02:05. Ambient air monitoring requirements. The operation of ambient air 

monitoring required by the department shall be consistent with 40 C.F.R. Part 58 (July 1, 2012). 

Records of monitoring activities and results shall be retained for a minimum of three years.

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 25 

SDR 123, effective April 4, 1999; 26 SDR 168, effective June 27, 2000; 31 SDR 101, effective 

January 2, 2005; 32 SDR 209, effective June 13, 2006; 36 SDR 207, effective June 28, 2010; 39 

SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6, 34A-1-15.

Law Implemented: SDCL 34A-1-15.

CHAPTER 74:36:03

AIR QUALITY EPISODES

Section

74:36:03:01 Air pollution emergency episode.

74:36:03:02 Episode emergency contingency plan.

74:36:03:01. Air pollution emergency episode. The proclamation of an air pollution 

emergency episode and its extent shall be made by the secretary, using the criteria in 40 C.F.R. 

§ 51.151 and Appendix L to Part 51 (July 1, 2012), if the accumulation of air pollutants in any 

place is attaining or has attained levels which could, if such levels are sustained or exceeded, lead 

to a substantial threat to the health of the public.
Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from 

§ 34:10:02:22, 7 SDR 4, effective July 27, 1980; transferred from § 44:10:02:17, effective July 1, 

1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; transferred from § 74:26:02:17, 19 SDR 

157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 31 SDR 101, effective 

January 2, 2005; 32 SDR 209, effective June 13, 2006; 36 SDR 207, effective June 28, 2010; 39 

SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6, 34A-1-15.

Law Implemented: SDCL 34A-1-15.

74:36:03:02. Episode emergency contingency plan. The department shall develop an 

episode emergency contingency plan and maintain it following the requirements in 40 C.F.R. 

§ 51.152 (July 1, 2012). The department shall reevaluate the contingency plan in accordance with 

the requirements in 40 C.F.R. § 51.153 (July 1, 2012).

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 31 

SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 36 SDR 207, effective 

June 28, 2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6, 34A-1-15.

Law Implemented: SDCL 34A-1-15.

CHAPTER 74:36:04

OPERATING PERMITS FOR MINOR SOURCES

Section

74:36:04:01 Applicability.

74:36:04:02 Minor source operating permit required.

74:36:04:02.01 Minor source operating permit exemption.

74:36:04:03 Emission unit exemptions.

74:36:04:03.01 Repealed.

74:36:04:04 Standard for issuance o a minor source operating permit.

74:36:04:05 Time period for operating permits and renewals.

74:36:04:06 Timely and complete application for operating permit required.

74:36:04:07 Required contents of complete application for operating permit.

74:36:04:08 Applicant required to supplement or correct application.

74:36:04:09 Permit application -- Completeness review.

74:36:04:10 Time period for department's recommendation.

74:36:04:11 Repealed.

74:36:04:12 Public participation in permitting process.

74:36:04:12.01 Public review of department's draft permit.

74:36:04:13 Final permit decision -- Notice to interested persons.

74:36:04:14 Right to petition for contested case hearing.

74:36:04:15 Contents of operating permit.

74:36:04:16 Operating permit expiration.

74:36:04:17 Renewal of operating permit.

74:36:04:18 Operating permit revision.
74:36:04:19 Administrative permit amendment.

74:36:04:20 Procedures for administrative permit amendments.

74:36:04:20.01 Minor permit amendment required.

74:36:04:20.02 Requirements for minor permit amendment.

74:36:04:20.03 Application for minor permit amendment.

74:36:04:20.04 Department deadline to approve minor permit amendment.

74:36:04:21 Permit modifications.

74:36:04:22 Source status change -- New permit required.

74:36:04:23 Reopening operating permit for cause.

74:36:04:24 Procedures to reopen operating permit.

74:36:04:25 and 74:36:04:26 Repealed.

74:36:04:27 Operating permit termination, revision, and revocation.

74:36:04:28 Notice of operating noncompliance -- Contents.

74:36:04:29 Petition for contested case on alleged violation.

74:36:04:30 Repealed.

74:36:04:31 Circumvention of emissions not allowed.

74:36:04:32 General permits.

74:36:04:33 Secretary may require an individual permit.

74:36:04:01. Applicability. The requirements of this chapter apply to all minor sources.

Source: 19 SDR 157, effective April 22, 1993.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6.

74:36:04:02. Minor source operating permit required. A person may not operate any 

source or unit likely to cause the emission of air pollutants into the ambient air or any equipment 

that prevents or controls the emission of air pollutants into the ambient air until a construction 

permit or minor source operating permit has been issued by the board or the secretary.

Source: 2 SDR 40, effective December 7, 1975; transferred from § 34:10:01:03.01, 7 SDR 

4, effective July 27, 1980; transferred from § 44:10:01:08, effective July 1, 1981; 13 SDR 129, 13 

SDR 141, effective July 1, 1987; transferred from § 74:26:01:08, 19 SDR 157, effective April 22, 

1993; 21 SDR 119, effective January 5, 1995; 36 SDR 207, effective June 28, 2010.

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

Law Implemented: SDCL 34A-1-21.

74:36:04:02.01. Minor source operating permit exemption. The following sources are 

exempt from obtaining a minor source operating permit:

(1) A source that has the potential to emit 25 tons or less per year of any criteria pollutant, 

except lead, before the application of control equipment; and

(2) Any other source constructed for domestic purposes and not intended for use by an 

industry, manufacturer, or business.

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

Law Implemented: SDCL 34A-1-21.

74:36:04:03. Emission unit exemptions. The following emission units are exempt from 

inclusion in a minor source operating permit unless the source has requested federally enforceable 

permit conditions related to the emission unit to avoid needing a Part 70 operating permit, PSD 

preconstruction permit, or NSR preconstruction permit:

(1) One or more incinerators of less than 100 pounds per hour combined burning capacity 

that combust municipal or household waste;

(2) A mobile internal combustion engine, including those in autos, trucks, tractors, 

airplanes, locomotives, and boats;

(3) Laboratory equipment used exclusively for chemical or physical analysis;

(4) A unit that has a heat input capability of not more than 3,500,000 Btus per hour, except 

for units fueled with wood or coal;

(5) An air conditioning or ventilating system not designed to remove air pollutants from 

equipment;

(6) Routine housekeeping or plant upkeep activities such as painting buildings, retarring 

roofs, or paving parking lots; and

(7) A unit that has the potential to emit two tons or less per year of any criteria pollutant 

before the application of control equipment. However, the criteria pollutant emissions from the 

unit must be included in determining whether the source is a minor source.

An emission unit that is exempt from permitting must still meet the visible emission 

restriction in § 74:36:12:01.

Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from 

§ 34:10:01:16, 7 SDR 4, effective July 27, 1980; transferred from § 44:10:01:25, effective July 1, 

1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 17 SDR 170, effective May 13, 1991; 

transferred from § 74:26:01:25, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective 

January 5, 1995; 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999; 

31 SDR 101, effective January 2, 2005; 36 SDR 207, effective June 28, 2010.

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

Law Implemented: SDCL 34A-1-19, 34A-1-21.

Cross-References: Operating permits for Part 70 sources, ch 74:36:05; Prevention of 

significant deterioration, ch 74:36:09.

74:36:04:03.01. Minor source operating permit variance. Repealed.

Source: 23 SDR 106, effective December 29, 1996; 31 SDR 101, effective January 2, 2005; 

36 SDR 207, effective June 28, 2010; SL 2013, ch 166, § 15, effective July 1, 2013.

74:36:04:04. Standard for issuance of a minor source operating permit. An operating 

permit for a source or permit revision may be issued only if it has been shown that the operation of 

the source or permit revision will not prevent or interfere with the attainment or maintenance of an 

applicable national ambient air quality standard. Compliance with this requirement as determined 

by air pollution dispersion modeling is not affected by stack height that exceeds good engineering 
practice or by any other dispersion technique as defined in 40 C.F.R. § 51.100 (July 1, 2012). Each

source must comply with emission limits and other requirements of the act and the Clean Air Act. 

The minor source operating permit must include reasonable conditions, including adherence to 

plans and specifications, to assure compliance with the act, the Clean Air Act, and any other 

conditions justified under SDCL 34A-1-19.

Source: 2 SDR 40, effective December 7, 1975; transferred from § 34:10:01:08.02; 

transferred from § 44:10:01:12, effective July 1, 1981; 10 SDR 68, effective January 5, 1984; 12 

SDR 183, effective May 21, 1986; 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 § 74:26:01:12, 19 SDR 157, effective April 22, 1993; 21 SDR 119, 

effective January 5, 1995; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 

2006; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6, 34A-1-19, 34A-1-21.

Law Implemented: SDCL 34A-1-19, 34A-1-21.

74:36:04:05. Time period for operating permits and renewals. An operating permit for a 

minor source shall be issued for a period up to five years and all subsequent operating permits shall 

be for a period of five years.

Source: 2 SDR 40, effective December 7, 1975; transferred from § 34:10:01:21.04; 

transferred from § 44:10:01:32, effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 

1987; 17 SDR 170, effective May 13, 1991; transferred from § 74:26:01:32, 19 SDR 157, effective

April 22, 1993; 39 SDR 219, effective June 25, 2013.

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

Law Implemented: SDCL 34A-1-21.

74:36:04:06. Timely and complete application for operating permit required. A person 

who owns or operates a source required to have a minor source operating permit shall submit a 

timely and complete application. An application is timely if it meets the time limits specified in 

this section. An application is complete if it meets the requirements in § 74:36:04:07.

A minor source applying for an initial operating permit shall submit a complete application 

to the department within 12 months after commencing operation. A minor source applying for a 

permit modification shall submit a complete application to the department within 12 months after 

commencing operation of the emission unit(s) involved with the modification.

A minor source applying for renewal of an operating permit shall submit a complete 

application 90 days before the date of permit expiration. If an existing source submits a timely and 

complete application for renewal of an operating permit within this time limit, the source's existing 

permit does not expire until the renewal permit has been issued or denied. The terms and 

conditions of the existing permit remain in effect until the renewal permit has been issued or 

denied.

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; 36 SDR 207, 

effective June 28, 2010.

General Authority: SDCL 34A-1-6, 34A-1-21.
Law Implemented: SDCL 34A-1-12, 34A-1-21.

Note: A minor source applying for an initial operating permit or a permit modification must 

obtain a construction permit in accordance with chapter 74:36:20 before commencing construction 

of the source or permit modification.

74:36:04:07. Required contents of complete application for operating permit. An 

application for an operating permit for a minor source or permit modification must include the 

following information to be considered a complete application:

(1) General company information, including the company name and address or the plant 

name and address if different from the company name, the owner's name and agent, and the plant 

site manager or contact;

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

(3) The following information on emissions:

(a) Identification and description of all emission units;

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

(c) Identification and description of air pollution control equipment;

(d) Limitations on source operation affecting emissions or any work practice standards, 

where applicable, for all regulated air pollutants;

(e) Other information required by any applicable requirements, including information 

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

dimensions, and stack parameters, including height, diameter, and plume temperature, for all 

pollutants regulated at the source;

(4) A copy of any prepared plans and the specifications of any equipment or other facilities 

which may affect the source, including pollution control devices;

(5) An abatement strategies plan, if required by chapter 74:36:03;

(6) A signed and notarized certification of applicant form;

(7) The results of any air dispersion modeling required by the department;

(8) The results of any stack performance testing required by the department;

(9) Any other information requested by the department which is relevant to determining 

compliance with the act or the Clean Air Act.

The application must be signed by the responsible official or designated representative. An 

application for the renewal of an operating permit may refer to a previously submitted application 

if there are no operational changes.

Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from 

§§ 34:10:01:04.01, 34:10:01:06, 7 SDR 4, effective July 27, 1980; transferred from § 44:10:01:09, 

effective July 1, 1981; 10 SDR 68, effective January 5, 1984; 13 SDR 129, 13 SDR 141, effective 

July 1, 1987; transferred from § 74:26:01:09, 19 SDR 157, effective April 22, 1993; 36 SDR 207, 

effective June 28, 2010.

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

Law Implemented: SDCL 34A-1-12, 34A-1-21.
74:36:04:08. Applicant required to supplement or correct application. If the applicant is 

aware that the application is incomplete or that any relevant facts or information contained in an 

application are incorrect, the applicant shall submit the supplementary facts or corrected 

information. The applicant shall provide additional information as necessary to address 

requirements that become applicable after the application is filed but prior to the release of the 

draft permit.

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995.

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

Law Implemented: SDCL 34A-1-12, 34A-1-21.

74:36:04:09. Permit application -- Completeness review. The department shall conduct a 

completeness review of each permit application received, as follows:

(1) Within 30 days after submission of an application for an initial operating permit, a

permit modification, or a renewal of an operating permit for a minor source, the department shall 

notify the applicant in writing whether or not the application is complete or incomplete. If the 

department does not notify the applicant that the application is incomplete within 30 days after 

receipt of the application, the application is considered complete. The department may at any time 

during the processing of the application request, in writing, additional information necessary to 

evaluate or take final action on the application;

(2) If the application is incomplete or additional information is necessary to evaluate the 

application, the department shall identify the items required to complete the application. The 

applicant has 20 working days after receipt of an incomplete notification or request for additional 

information to submit the information, unless an extension beyond the 20 working days is 

approved by the department; and

(3) The department shall determine the adequacy of the applicant's response to each 

incomplete item within 15 days after receipt of the response and shall notify the applicant in 

writing if the application is or is not complete.

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 25 

SDR 123, effective April 4, 1999; 36 SDR 207, effective June 28, 2010.

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

Law Implemented: SDCL 34A-1-21.

74:36:04:10. Time period for department's recommendation. The department shall 

recommend issuance or denial of an operating permit, a permit modification, or a renewal for an 

operating permit for a minor source within 90 days after the submission of a complete application 

and all other additional information necessary for the department to make an informed decision. A 

recommendation to issue a permit shall include a draft permit with appropriate conditions to ensure 

compliance with the act and Clean Air Act. Failure of the department to act on an application 

entitles the applicant to petition for and obtain a contested case review of the application without 

waiting for a department recommendation. The petition must conform to the requirements of 

article 74:09.
Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from 

§§ 34:10:01:08.01, 34:10:01:11, 7 SDR 4, effective July 27, 1980; transferred from § 44:10:01:11, 

effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; transferred from 

§ 74:26:01:11, 19 SDR 157, effective April 22, 1993; 36 SDR 207, effective June 28, 2010.

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

Law Implemented: SDCL 34A-1-21.

74:36:04:11. Department's recommendation on operating permit. Repealed.

Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from 

§§ 34:10:01:02, 34:10:01:22.02, 7 SDR 4, effective July 27, 1980; transferred from § 44:10:01:36, 

effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 17 SDR 170, effective 

May 13, 1991; transferred from § 74:26:01:36, 19 SDR 157, effective April 22, 1993; 25 SDR 123, 

effective April 4, 1999; repealed, 36 SDR 207, effective June 28, 2010.

74:36:04:12. Public participation in permitting process. The department shall mail a 

copy of the draft permit for a minor source to the applicant. The department shall publish a public 

notice of the draft permit once in a legal newspaper in the county where the source is located. The 

notice must include a brief statement describing the source and where it is located; the 

department's recommendation and the reasons for it; the activity or activities involved in the permit 

action; the emissions change involved in any permit modification; a statement that a person may 

submit comments or contest the draft permit within 30 days after the publication of the notice; 

describe the procedures a person must follow to contest the draft permit and request a hearing in 

accordance with article 74:09; and a statement describing where copies of the draft permit or other 

information may be obtained. The department shall provide to the interested parties a 30-day notice 

of any hearing to contest a draft permit.

Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from 

§§ 34:10:01:02, 34:10:01:22.03, 7 SDR 4, effective July 27, 1980; transferred from § 44:10:01:37, 

effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 14 SDR 50, effective 

October 4, 1987; 17 SDR 170, effective May 13, 1991; transferred from § 74:26:01:37, 19 SDR 

157, effective April 22, 1993; 25 SDR 123, effective April 4, 1999; 36 SDR 207, effective June 28, 

2010; 39 SDR 219, effective June 25, 2013.

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

Law Implemented: SDCL 1-26-27, 34A-1-21.

74:36:04:12.01. Public review of department's draft permit. During the public comment 

period, any interested person may submit written comments on the draft permit or request a 

contested case hearing. All comments will be considered in making a final permit decision on the 

draft permit as provided in § 74:36:04:13. A request for a contested case hearing must be in writing 

and prepared and filed in accordance with article 74:09. The department is not required to accept 

recommendations or comments that are not based on applicable requirements of this article or the 

requirements of the Clean Air Act.

Source: 25 SDR 123, effective April 4, 1999; 36 SDR 207, effective June 28, 2010.

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

Law Implemented: SDCL 34A-1-21
74:36:04:13. Final permit decision -- Notice to interested persons. The department shall 

make its final permit decision within 30 days of the end of the public comment period on a draft 

permit. The department shall notify, in writing, the applicant and each person that submitted 

written comments or requested notice of the final permit decision. The notice shall include 

reference to the procedures for contesting the final permit decision and requesting a hearing in 

accordance with article 74:09. For the purpose of this section, the final permit decision means 

proposing a permit, denying a permit, or terminating a permit.

The final permit will be issued within 30 days of notifying the applicant and each person that 

submitted written comments or requested notification of the final permit decision except under the 

following conditions:

(1) A later effective date is specified in the final permit decision;

(2) A contested case hearing is requested; or

(3) No comments or request for changes in the draft permit were received during the public 

notice period on the draft permit. In this case, the draft permit automatically becomes the final 

permit decision and the final permit is issued at the end of the public notice period.

Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from 

§§ 34:10:01:02, 34:10:01:22.04, 7 SDR 4, effective July 27, 1980; transferred from § 44:10:01:38, 

effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 14 SDR 50, effective 

October 4, 1987; 17 SDR 170, effective May 13, 1991; transferred from § 74:26:01:38, 19 SDR 

157, effective April 22, 1993; 25 SDR 123, effective April 4, 1999; 36 SDR 207, effective June 28, 

2010; 39 SDR 219, effective June 25, 2013.

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

Law Implemented: SDCL 1-26-27, 1-26-29, 34A-1-21.

74:36:04:14. Right to petition for contested case hearing. The applicant or interested 

person may petition the board and obtain a contested case hearing to dispute the department's draft 

permit. Any other person may petition to intervene and request a hearing if the person has an 

interest affected by the department's draft permit. Such petitions must comply with the provisions 

of article 74:09 and be received by the department within 30 days after publication of the notice 

required by § 74:36:04:12.

The applicant or an interested person that comments on the draft permit may petition the 

board for and obtain a contested case hearing to dispute the department's final permit decision. 

Such petitions must comply with the provisions of article 74:09 and be received by the department 

within 30 days after receiving the department's final permit decision.

If the draft permit or the final permit decision is contested, the department shall present the 

draft permit or final permit decision to the board for action in accordance with article 74:09.

Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from 

§§ 34:10:01:02, 34:10:01:22.05, 7 SDR 4, effective July 27, 1980; transferred from § 44:10:01:39, 

effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 14 SDR 50, effective 

October 4, 1987; transferred from § 74:26:01:39, 19 SDR 157, effective April 22, 1993; 25 SDR 

123, effective April 4, 1999; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6, 34A-1-21.
Law Implemented: SDCL 1-26-27, 1-26-29, 34A-1-21.

74:36:04:15. Contents of operating permit. An operating permit for a minor source shall 

include the following:

(1) The signature of either the secretary or the chairman;

(2) The name of the person, company, political subdivision, agency, or institution granted a 

permit;

(3) The type of operation;

(4) The facility and mailing address;

(5) The date the operating permit was granted and on which it will expire;

(6) A number for administrative reference;

(7) The name of a designated person or officer responsible for the source's operation;

(8) A statement granting an operating permit by the board or secretary and any conditions 

that the board or secretary may impose to ensure compliance with the act and the Clean Air Act;

(9) Emission limits and standards, including operational requirements and limits for all 

regulated emission units, necessary to assure compliance with applicable requirements of the act 

and the Clean Air Act;

(10) Monitoring and related record keeping and reporting requirements;

(11) A severability clause to ensure the continued validity of the various permit 

requirements if any portions of the permit are challenged; and

(12) Provisions stating the following:

(a) The permittee must comply with all conditions of the permit. Any permit 

noncompliance constitutes a violation and is grounds for enforcement action, permit termination, 

revocation and reissuance, permit revision, or denial of a permit renewal application;

(b) The operating permit may be revised, revoked and reissued, reopened, or terminated 

for cause;

(c) The operating permit does not convey any property rights of any sort or any exclusive 

privilege; and

(d) The permittee shall provide any information, including records, requested in writing 

by the department to determine whether cause exists for revising, revoking and reissuing, 

reopening, or terminating the permit or to determine compliance.

Source: 2 SDR 40, effective December 7, 1975; transferred from § 34:10:01:22.10, 7 SDR 

4, effective July 27, 1980; transferred from § 44:10:01:44, effective July 1, 1981; 13 SDR 129, 13 

SDR 141, effective July 1, 1987; 17 SDR 170, effective May 13, 1991; transferred from 

§ 74:26:01:44, 19 SDR 157, effective April 22, 1993; 36 SDR 207, effective June 28, 2010; 39 

SDR 219, effective June 25, 2013.

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

Law Implemented: SDCL 34A-1-21.

74:36:04:16. Operating permit expiration. Operating permit expiration terminates the 

source's right to operate under the minor source operating permit unless a timely and complete 

renewal application has been submitted to the department.
Source: 19 SDR 157, effective April 22, 1993; 36 SDR 207, effective June 28, 2010.

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

Law Implemented: SDCL 34A-1-21.

74:36:04:17. Renewal of operating permit. Permits being renewed are subject to the same 

procedural requirements in §§ 74:36:04:06 to 74:36:04:14, inclusive, as the original minor source 

operating permit issuance.

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 36 

SDR 207, effective June 28, 2010.

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

Law Implemented: SDCL 34A-1-21.

74:36:04:18. Operating permit revision. An operating permit for a minor source may be 

revised at any time by the submittal of an application. The application must specify whether the 

requested revision is an administrative permit amendment, minor permit amendment, or a permit 

modification with supporting documentation. The application must contain the necessary 

information required for an administrative permit amendment, minor permit amendment, or permit 

modification.

Source: 19 SDR 157, effective April 22, 1993; 25 SDR 123, effective April 4, 1999; 36 

SDR 207, effective June 28, 2010.

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

Law Implemented: SDCL 34A-1-21.

74:36:04:19. Administrative permit amendment. An administrative permit amendment 

may be issued for a revision to an operating permit meeting the requirements of § 74:36:01:03. An 

application for an administrative permit amendment shall contain a description of the change and 

documentation supporting the applicant's claim the revision qualifies as an administrative permit 

amendment.

Source: 19 SDR 157, effective April 22, 1993; 25 SDR 123, effective April 4, 1999.

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

Law Implemented: SDCL 34A-1-21.

74:36:04:20. Procedures for administrative permit amendments. The source may 

implement a proposed revision that is considered an administrative permit amendment 

immediately upon notifying the department. The department shall determine whether an 

administrative permit amendment is applicable to the proposed revision within 15 days of 

receiving a request for a permit revision. The department shall issue administrative permit 

amendments without the procedural requirements applicable to obtaining a permit modification.

Source: 19 SDR 157, effective April 22, 1993; 25 SDR 123, effective April 4, 1999; 36 

SDR 207, effective June 28, 2010.

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

Law Implemented: SDCL 34A-1-21.
74:36:04:20.01. Minor permit amendment required. A minor permit amendment is an 

amendment to an existing minor source operating permit and is issued by the secretary. A source 

may request a minor permit amendment under §§ 74:36:04:20.02 to 74:36:04:20.04, inclusive, for 

a change that does not constitute a modification and is not prohibited under any applicable 

requirement under Title I of the Clean Air Act.

Source: 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April 4, 1999; 36 

SDR 207, effective June 28, 2010.

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

Law Implemented: SDCL 34A-1-12, 34A-1-21.

74:36:04:20.02. Requirements for minor permit amendment. A minor permit 

amendment may be issued by the secretary if the proposed revision meets the following 

requirements:

(1) It does not violate any applicable requirement;

(2) It does not involve significant changes to existing monitoring, reporting, or record 

keeping requirements in the permit;

(3) It does not require or change a case-by-case determination of an emission limit or other 

standard, a source-specific determination for temporary sources of ambient impacts, or a visibility 

or increment analysis;

(4) It does not seek to establish or change a permit term or condition for which there is no 

corresponding underlying applicable requirement that the source has assumed to avoid an 

applicable requirement, a federally enforceable emissions cap assumed to avoid classification as a 

modification under any provision of Title I, or an alternative emissions limit approved pursuant to 

regulations promulgated under § 112(i)(5) of the Clean Air Act; and

(5) It does not constitute a modification under Title I of the Clean Air Act.

Source: 21 SDR 119, effective January 5, 1995.

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

Law Implemented: SDCL 34A-1-21.

74:36:04:20.03. Application for minor permit amendment. An application for a minor 

permit amendment shall include the following:

(1) A description of the proposed change, the resulting change in emissions, and any new 

applicable requirements;

(2) The source's suggested draft permit; and

(3) Certification by a responsible official that the proposed revision meets the applicable 

requirements of a minor permit amendment.

Source: 21 SDR 119, effective January 5, 1995.

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

Law Implemented: SDCL 34A-1-21.
74:36:04:20.04. Department deadline to approve minor permit amendment. The 

department shall take the following final action on a proposed minor permit amendment within 90 

days after receipt of a complete application for the amendment:

(1) Issue the minor permit amendment as proposed;

(2) Deny the minor permit amendment application; or

(3) Determine that the requested minor permit amendment should be processed as a permit 

modification.

The source may implement a proposed revision that is considered a minor permit amendment 

seven days after submitting a complete application. The secretary shall issue minor permit 

amendments without the procedural requirements applicable to obtaining a permit modification.

Source: 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April 4, 1999; 36 

SDR 207, effective June 28, 2010.

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

Law Implemented: SDCL 34A-1-21.

74:36:04:21. Permit modifications. Permit modifications are subject to the same 

procedural requirements in §§ 74:36:04:06 to 74:36:04:14, inclusive, as the original operating 

permit issuance as long as the source remains a minor source. However, the required review shall 

cover only the proposed changes rather than the unchanged activities of the permittee.

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995.

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

Law Implemented: SDCL 34A-1-21.

74:36:04:22. Source status change -- New permit required. If a minor source becomes a 

Part 70 source because of a relaxation in a federally enforceable limit on the capacity of the source 

or modification as defined in § 74:36:01:10, the requirements of chapter 74:36:05 apply to that 

source as though it were a single new source and the owner or operator shall obtain the applicable 

permit.

Source: 12 SDR 183, effective May 21, 1986; 13 SDR 129, 13 SDR 141, effective July 1, 

1987; transferred from § 74:26:01:02.02, 19 SDR 157, effective April 22, 1993; 25 SDR 123, 

effective April 4, 1999.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6.

74:36:04:23. Reopening operating permit for cause. The department may reopen an 

operating permit for further review if the department determines that the permit contains a material 

mistake in establishing the emissions standards or limits or other requirements of the operating 

permit or the department determines that the operating permit must be revised to ensure 

compliance with the applicable requirements of this article and the Clean Air Act.

Source: 19 SDR 157, effective April 22, 1993; 36 SDR 207, effective June 28, 2010.

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

74:36:04:24. Procedures to reopen operating permit. The department shall notify the 

source at least 30 days before reopening an operating permit issued to the source. The department 

may reopen a permit in a shorter time in an emergency. The procedures to reopen an operating 

permit shall follow the procedural requirements to issue an initial permit and shall affect only those 

parts of the permit for which cause to reopen exists.

Source: 19 SDR 157, effective April 22, 1993.

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

Law Implemented: SDCL 34A-1-21.

74:36:04:25. General permit. Repealed.

Source: 19 SDR 157, effective April 22, 1993; repealed, 23 SDR 106, effective December 

29, 1996.

74:36:04:26. General permit -- Notice of intent. Repealed.

Source: 19 SDR 157, effective April 22, 1993; repealed, 23 SDR 106, effective December 

29, 1996.

74:36:04:27. Operating permit termination, revision, and revocation. The board, upon 

recommendation by the secretary, may terminate, revise, or revoke an operating permit for a 

violation of this article or nonpayment of any outstanding enforcement penalty.

Source: 19 SDR 157, effective April 22, 1993; 36 SDR 207, effective June 28, 2010.

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

Law Implemented: SDCL 34A-1-21.

74:36:04:28. Notice of operating noncompliance -- Contents. If the department 

determines that the operation of a source is not in compliance with this article, the Clean Air Act, 

or permit conditions, the department may issue a notice of such a finding to the permit holder or 

operator of the source. The notice must contain citations to the rules, statutes, or permit conditions 

violated and the alleged facts upon which the determination is based. The secretary, with the 

concurrence of the alleged violator, may settle an issue of noncompliance by entering into a 

compliance agreement with the source that specifies the date for final compliance of the source and 

any penalties under SDCL 34A-1-39. If a compliance agreement can not be negotiated, the 

department may petition the chairman of the board for a contested case hearing or may file a civil 

penalty or injunctive action in circuit court.

Source: 2 SDR 40, effective December 7, 1975; transferred from § 34:10:01:39, 7 SDR 4, 

effective July 27, 1980; transferred from § 44:10:01:47, effective July 1, 1981; 10 SDR 68, 

effective January 5, 1984; 13 SDR 129, 13 SDR 141, effective July 1, 1987; transferred from 

§ 74:26:01:47, 19 SDR 157, effective April 22, 1993.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 1-26-20, 34A-1-53.
74:36:04:29. Petition for contested case on alleged violation. In accordance with 

§ 74:36:04:28, the department may file a petition containing the information required in article 

74:09 with the chairman to request an order directing corrective action, that an enforcement 

hearing be scheduled pursuant to the provisions of chapter 74:09:01, or that the permit be 

suspended or revoked for noncompliance.

Source: 2 SDR 40, effective December 7, 1975; transferred from § 34:10:01:40, 7 SDR 4, 

effective July 27, 1980; transferred from § 44:10:01:48, effective July 1, 1981; 13 SDR 129, 13 

SDR 141, effective July 1, 1987; 14 SDR 50, effective October 4, 1987; transferred from 

§ 74:26:01:48, 19 SDR 157, effective April 22, 1993.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-47, 34A-1-49.

74:36:04:30. Stack performance tests required. Repealed.

Source: 19 SDR 157, effective April 22, 1993; repealed, 23 SDR 106, effective December 

29, 1996.

74:36:04:31. Circumvention of emissions not allowed. A person may not install or cause 

the installation or use of a device or a means which conceals or dilutes an emission of air pollutants

that would otherwise violate this article or the Clean Air Act. This includes operating a source, 

unit, or control device which emits pollutants into the ambient air from an opening other than the 

stack, vent, or equivalent opening from which they were designed to be emitted.

Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from 

§ 34:10:01:03, 7 SDR 4, effective July 27, 1980; transferred from § 44:10:01:07, effective July 1, 

1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; transferred from § 74:26:01:07, 19 SDR 

157, effective April 22, 1993.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:04:32. General permits. The secretary may issue a general permit to a category of air 

pollution sources that meets the following:

(1) Involve the same or substantially similar types of operations;

(2) Require the same or similar type of air emission limits; and

(3) Require the same or similar record keeping and monitoring.

If a general permit has been issued by the secretary, all sources covered by the general permit 

shall apply for permission to operate under the general permit. Such sources may not be 

constructed or operate until they are granted coverage under the general permit, or until they obtain 

an individual permit if required by the secretary.

Source: 30 SDR 26, effective September 1, 2003; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-21.

Law Implemented: SDCL 34A-1-56.
Note: The procedural requirements for obtaining a general permit under this chapter are 

similar to the procedural requirements for a minor source, such as a timely and complete 

application, completeness review, public participation, and departmental recommendation, as 

outlined in §§ 74:36:04:06 to 74:36:04:14, inclusive.

74:36:04:33. Secretary may require an individual permit. The secretary may require any 

source applying for a general permit or operating under a general permit to apply for and obtain an 

individual air quality permit. Individual air quality permits may be required at the discretion of the 

secretary, including under the following circumstances;

(1) The owner or operator is not in compliance with the conditions of its existing individual 

air permit prior to applying for the general permit; or

(2) The owner or operator is not in compliance with the conditions of the general permit.

Source: 30 SDR 26, effective September 1, 2003.

General Authority: SDCL 34A-1-21.

Law Implemented: SDCL 34A-1-56.

CHAPTER 74:36:05

OPERATING PERMITS FOR PART 70 SOURCES

Section

74:36:05:01 Applicability.

74:36:05:02 Part 70 operating permit required.

74:36:05:03 Sources required to obtain a Part 70 operating permit.

74:36:05:03.01 Repealed.

74:36:05:04 Sources exempt from obtaining a Part 70 operating permit.

74:36:05:04.01 Insignificant activities.

74:36:05:05 Transferred.

74:36:05:06 Standard for issuance of a Part 70 permit.

74:36:05:06.01 Fees required for operating permit.

74:36:05:07 Time period for operating permits and renewals.

74:36:05:08 Timely and complete application for operating permit required.

74:36:05:09 Complete application.

74:36:05:10 and 74:36:05:11 Transferred.

74:36:05:12 Required contents of complete application.

74:36:05:13 Applicant required to supplement or correct application.

74:36:05:14 Repealed.

74:36:05:15 Deadline for final action on permit application.

74:36:05:16 Statement of basis for recommended permit conditions.

74:36:05:16.01 Operating permit requirements.

74:36:05:17 Public participation in permitting process.

74:36:05:18 Public and affected state review of draft permit.

74:36:05:19 Transferred.

74:36:05:20 Repealed.
74:36:05:20.01 Final permit decision -- Notice to interested persons.

74:36:05:20.02 Petitions for contested case hearing.

74:36:05:20.03 EPA review of Part 70 operating permit.

74:36:05:21 EPA objection to issuance of operating permit.

74:36:05:21.01 Department response to EPA objection.

74:36:05:22 Department failure to meet EPA objection deadline.

74:36:05:23 Public petition to EPA on the final permit.

74:36:05:24 Repealed.

74:36:05:25 to 74:36:05:27 Transferred.

74:36:05:28 Permit expiration.

74:36:05:29 Permit renewal.

74:36:05:30 Permit flexibility.

74:36:05:31 Permit amendment -- Application required.

74:36:05:32 Administrative permit amendment required.

74:36:05:33 Procedure for administrative permit amendments.

74:36:05:34 Minor permit amendment required.

74:36:05:35 Requirements for minor permit amendments.

74:36:05:36 Application for minor permit amendment.

74:36:05:37 Notification of EPA and affected states required.

74:36:05:38 Department deadline to approve minor permit amendment.

74:36:05:39 Permit modifications.

74:36:05:40 Reopening operating permit for cause.

74:36:05:41 Procedures to reopen permit.

74:36:05:42 Reopening permit for cause by EPA.

74:36:05:43 EPA review of proposed determination.

74:36:05:44 Department failure to submit proposed determination.

74:36:05:45 Repealed.

74:36:05:46 Permit termination, modification, revocation, and reissuance by 

department.

74:36:05:47 Notice of operating noncompliance -- Contents.

74:36:05:47.01 Circumvention of emissions not allowed.

74:36:05:48 Petition for contested case on alleged violation.

74:36:05:49 Repealed.

74:36:05:50 Federal enforceability of permit conditions.

74:36:05:51 General permits.

74:36:05:52 Secretary may require an individual permit.

74:36:05:01. Applicability. The requirements of this chapter apply to all Part 70 sources.

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 31 

SDR 101, effective January 2, 2005; 36 SDR 207, effective June 28, 2010.

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

Law Implemented: SDCL 34A-1-21.

74:36:05:02. Part 70 operating permit required. A person may not operate any source or 

unit likely to cause the emission of air pollutants into the ambient air or any equipment which 

prevents or controls the emission of air pollutants into the ambient air until a construction permit, 
PSD preconstruction permit, NSR preconstruction permit, or Part 70 operating permit has been 

issued by the board or the secretary.

Source: 19 SDR 157, effective April 22, 1993; second paragraph transferred from 

§ 74:36:05:05, 20 SDR 125, effective February 9, 1994; 21 SDR 119, effective January 5, 1995; 25 

SDR 123, effective April 4, 1999; 36 SDR 207, effective June 28, 2010.

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

Law Implemented: SDCL 34A-1-12, 34A-1-21.

Cross-References: Sources exempt from obtaining a Part 70 operating permit, 

§ 74:36:05:04; Timely and complete application for operating permit required, § 74:36:05:08.

74:36:05:03. Sources required to obtain a Part 70 operating permit. Sources required to 

obtain a Part 70 operating permit include the following:

(1) Any major source;

(2) Any source, including an area source, subject to a standard or regulation promulgated

under § 111 of the Clean Air Act unless otherwise specified in chapter 74:36:07;

(3) Any source, including an area source, subject to a standard or regulation promulgated 

under § 112 of the Clean Air Act, except for a source that is solely subject to the regulations or 

requirements of § 112(r) or unless otherwise specified in chapter 74:36:08;

(4) Any affected source subject to Title IV of the Clean Air Act; and

(5) Any source in a source category designated by the administrator of the EPA through the 

Clean Air Act pursuant to Title V of the Clean Air Act.

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 25 

SDR 123, effective April 4, 1999; 36 SDR 207, effective June 28, 2010.

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

Law Implemented: SDCL 34A-1-12, 34A-1-21.

74:36:05:03.01. PSD or NSR preconstruction permit required. Repealed.

Source: 19 SDR 157, effective April 22, 1993; transferred from § 74:36:05:10, 20 SDR 125, 

effective February 9, 1994; 21 SDR 119, effective January 5, 1995; repealed, 36 SDR 207, 

effective June 28, 2010.

74:36:05:04. Sources exempt from obtaining a Part 70 operating permit. The following 

sources are exempt from obtaining a Part 70 operating permit:

(1) All sources that are not included in § 74:36:05:03;

(2) Sources that operate a unit subject to 40 C.F.R. 60, Subpart AAA-Standards of 

Performance for New Residential Wood Heaters (July 1, 2012) are exempt from the obligation to 

obtain a Part 70 operating permit if the source is not required to obtain a Part 70 operating permit 
for a reason other than the source is subject to Subpart AAA. Exempted sources must still meet the 

applicable requirements in Subpart AAA; or

(3) Sources that operate a unit subject to 40 C.F.R. § 61.145, Standard for Demolition and 

Renovation (July 1, 2012) are exempt from the obligation to obtain a Part 70 operating permit if 

the source is not required to obtain a Part 70 operating permit for a reason other than the source is 

subject to 40 C.F.R. § 61.145 (July 1, 2012). Exempted sources must still meet the applicable 

requirements in 40 C.F.R. § 61.145 (July 1, 2012).

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 31 

SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 36 SDR 207, effective 

June 28, 2010; 39 SDR 219, effective June 25, 2013.

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

Law Implemented: SDCL 34A-1-12, 34A-1-21.

74:36:05:04.01. Insignificant activities. The following emission units are considered 

insignificant activities and are exempt from inclusion in a Part 70 operating permit unless the 

source has requested federally-enforceable permit conditions related to the insignificant activity to 

avoid needing a PSD preconstruction permit or NSR preconstruction permit:

(1) One or more incinerators of less than 100 pounds per hour combined burning capacity 

that combust municipal or household waste;

(2) A mobile internal combustion engine, including engines in autos, trucks, tractors, 

airplanes, locomotives, and boats;

(3) Laboratory equipment used exclusively for chemical or physical analysis;

(4) A unit that has a heat input capability of not more than 3,500,000 Btus per hour, except 

for units fueled with wood or coal;

(5) An air conditioning or ventilating system not designed to remove air pollutants from 

equipment;

(6) Routine housekeeping or plant upkeep activities such as painting buildings, retarring 

roofs, or paving parking lots;

(7) A unit that has the potential to emit two tons or less per year of any criteria pollutant 

before the application of control equipment. However, the criteria pollutant emissions from the 

unit must be included in determining whether the source is a major source; and

(8) A unit that has the potential to emit two tons or less per year of any hazardous air 

pollutant. However, the hazardous air pollutant emissions from the unit must be included in 

determining whether the source is a major source. A unit may not be considered insignificant if a 

state or federal limit is applicable to the unit.

However, insignificant activities exempted because of size or production rate must be 

identified in the Part 70 operating permit application. An application may not omit information 

needed to determine the applicability of or to impose an applicable requirement.

Source: 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April 4, 1999; 31 

SDR 101, effective January 2, 2005; 36 SDR 207, effective June 28, 2010.

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

Law Implemented: SDCL 34A-1-12, 34A-1-21.
74:36:05:05. Transferred to § 74:36:05:02.

74:36:05:06. Standard for issuance of a Part 70 operating permit. A Part 70 operating 

permit for a source or permit revision may be issued only if it has been shown that the operation of 

the source or permit revision will not prevent or interfere with the attainment or maintenance of an 

applicable ambient air quality standard. Compliance with this requirement as determined by air 

pollution dispersion modeling is not affected by stack height that exceeds good engineering 

practice or by any other dispersion technique as defined in 40 C.F.R. § 51.100 (July 1, 2012). Each

source must comply with emission limits and other requirements of the act and the Clean Air Act. 

A Part 70 operating permit must include reasonable conditions, including adherence to plans and 

specifications, to assure compliance with the act, the Clean Air Act, and any other conditions 

justified under SDCL 34A-1-19.

Source: 2 SDR 40, effective December 7, 1975; transferred from § 34:10:01:08.02; 

transferred from § 44:10:01:12, effective July 1, 1981; 10 SDR 68, effective January 5, 1984; 12 

SDR 183, effective May 21, 1986; 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 § 74:26:01:12, 19 SDR 157, effective April 22, 1993; 20 SDR 125, 

effective February 9, 1994; 21 SDR 119, effective January 5, 1995; 31 SDR 101, effective January 

2, 2005; 32 SDR 209, effective June 13, 2006; 36 SDR 207, effective June 28, 2010; 39 SDR 219, 

effective June 25, 2013.

General Authority: SDCL 34A-1-6, 34A-1-19, 34A-1-21.

Law Implemented: SDCL 34A-1-19, 34A-1-21.

74:36:05:06.01. Fees required for operating permit. The applicant for a Part 70 operating 

permit and the owner or operator of a source with a Part 70 operating permit shall submit a fee in 

accordance with article 74:37.

Source: 19 SDR 157, effective April 22, 1993; transferred from § 74:36:05:11, 20 SDR 125, 

effective February 9, 1994; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-57, 34A-1-58.

Law Implemented: SDCL 34A-1-58.

74:36:05:07. Time period for operating permits and renewals. A permit for an affected 

source under Title IV of the Clean Air Act shall be for a fixed term of five years. Operating permits 

for all Part 70 sources shall be issued for a period up to five years, and all subsequent operating 

permits shall be for a period of five years. A permit issued for a solid waste incinerator subject to 

the requirements of § 129(e) of the Clean Air Act shall be for a period not to exceed 12 years and 

shall be reviewed by the department every five years.

Source: 2 SDR 40, effective December 7, 1975; transferred from § 34:10:01:21.04; 

transferred from § 44:10:01:32, effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 

1987; 17 SDR 170, effective May 13, 1991; transferred from § 74:26:01:32, 19 SDR 157, effective 

April 22, 1993; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013.

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

Law Implemented: SDCL 34A-1-21.
74:36:05:08. Timely and complete application for operating permit required. A person 

who owns or operates a Part 70 source required to have an operating permit must submit a timely 

and complete application. An application is timely if it meets the time limits specified in this 

section. An application is complete if it meets the requirements in §§ 74:36:05:12 and 74:36:05:13. 

The time limits are set as follows:

(1) A source applying for its initial Part 70 operating permit must submit a complete 

application to the department within 12 months after commencing operation;

(2) A Part 70 source applying for a permit modification shall submit a complete application 

to the department within 12 months after commencing operation of the emission units involved 

with the modification;

(3) A Part 70 source applying for renewal of an operating permit must submit a complete 

application six months before the date of permit expiration. If a source submits a timely and 

complete application for renewal of a permit, the terms and conditions of the existing permit 

remain in effect until the renewal permit has been issued or denied. This right to operate pending 

action on an application is extinguished if the applicant fails to submit on time the information 

identified in § 74:36:05:12;

(4) Part 70 sources required to obtain approval under § 112(g) of the Clean Air Act or have a 

PSD preconstruction permit or NSR preconstruction permit must file a complete application to 

obtain a Part 70 operating permit or a permit modification, whichever is applicable, for the Part 70 

source within 12 months after commencing operation. If an existing operating permit for a Part 70 

source would prohibit such construction or the change in operation, the source must obtain the 

applicable construction permit, PSD preconstruction permit, or NSR preconstruction permit before 

commencing operation;

(5) Applications for initial phase II acid rain permits must be submitted to the department by 

January 1, 1996, for sulfur dioxide and by January 1, 1998, for nitrogen oxides; and

(6) An existing municipal solid waste landfill that meets the requirements of subdivisions 

74:36:07:34(1) and (2) is required to submit a Part 70 operating permit application within 15 

months of the effective date of EPA's approval of the state's § 111(d) plan required in the Clean Air 

Act.

Source: 19 SDR 157, effective April 22, 1993; 20 SDR 125, effective February 9, 1994; 21 

SDR 119, effective January 5, 1995; 25 SDR 123, effective April 4, 1999; 31 SDR 101, effective 

January 2, 2005; 36 SDR 207, effective June 28, 2010.

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

Law Implemented: SDCL 34A-1-12, 34A-1-21.

Note: A Part 70 source applying for an initial operating permit or a permit modification must 

obtain a construction permit in accordance with chapter 74:36:09, 74:36:10, or 74:36:20 before 

commencing construction of the source or permit modification.

74:36:05:09. Complete application. The department shall determine completeness of an 

application for an initial Part 70 operating permit, permit modification, or renewal of a Part 70 
operating permit within 60 days after its receipt and shall notify the applicant in writing of its 

determination. If the department does not notify the applicant that the application is incomplete 

within 60 days after receipt of the application, the applicant may consider the application complete. 

At any time during the processing of the application, the department may request, in writing, 

additional information necessary to evaluate or take final action on the application.

If the application is incomplete or additional information is necessary to evaluate the 

application, the department shall identify the items required to complete the application. The 

applicant has 20 working days after receipt of an incomplete notification or request for additional 

information to submit the information, unless an extension beyond the 20 working days is 

approved by the department. The department shall determine the adequacy of the applicant's 

response to each incomplete item within 20 days after receipt of the response and shall notify the 

applicant in writing if the application is or is not complete.

Once a designated representative submits a timely and complete acid rain permit application, 

the owners or operators of the affected source and the affected units covered by the permit 

application are considered in compliance with the requirement to have an acid rain permit until the 

final permit is issued, if any requested additional information is submitted during the permitting 

process.

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 25 

SDR 123, effective April 4, 1999; 36 SDR 207, effective June 28, 2010.

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

Law Implemented: SDCL 34A-1-21.

74:36:05:10. Transferred to § 74:36:05:03.01.

74:36:05:11. Transferred to § 74:36:05:06.01.

74:36:05:12. Required contents of complete application. An applicant for an operating 

permit for a Part 70 source or permit modification must submit the following information for the 

application to be considered complete:

(1) General company information, including the company name and address or the plant 

name and address if different from the company name, the owner's name and agent, and the plant 

site manager or contact;

(2) A plant description in terms of the processes and products identified by the Standard 

Industrial Classification Code, 1987, including any associated with each alternate scenario 

identified by the source;

(3) The following information on emissions:

(a) All emissions of pollutants for which the source is major and all emissions of 

regulated air pollutants. The applicant must describe all emissions of regulated air pollutants 

emitted from any emissions unit, except when such units are exempt;
(b) Identification and description of all emission units described in subsection (a) of this 

subdivision in sufficient detail to establish the basis for fees and the applicability of requirements 

of the Clean Air Act;

(c) Emissions rates in total tons per year and in any other terms necessary to establish 

compliance consistent with the applicable standard reference test method;

(d) Fuels, fuel use, raw materials, production rates, and operating schedules;

(e) Identification and description of air pollution control equipment and compliance 

monitoring devices or activities;

(f) Limits on source operation affecting emissions or any work practice standards, as 

applicable for all regulated air pollutants;

(g) For all pollutants regulated at the source, other information required by any applicable 

requirements including information related to stack height limits, such as the location of emissions 

units, flow rates, building dimensions, and stack parameters, including height diameter, and plume 

temperature; and

(h) Calculations on which the items in this subdivision are based;

(4) One copy of any prepared plans and the specifications of any equipment or other 

facilities that may affect the source, including pollution control devices;

(5) An abatement strategies plan, if required by chapter 74:36:03;

(6) A signed and notarized certification of applicant form, as provided by the department;

(7) The results of any air dispersion modeling or stack performance testing required by the 

department;

(8) Citation and description of all applicable air pollution control emission limit 

requirements;

(9) A review of fugitive emissions included in the same manner as stack emissions, whether 

or not the source is included in the list of sources contained in the definition of major source;

(10) A description of or reference to any applicable test method for determining compliance 

with each applicable requirement;

(11) Any additional information that may be necessary to implement and enforce other 

requirements of the Clean Air Act or to determine the applicability of such requirements;

(12) An explanation of any proposed exemptions from otherwise applicable requirements;

(13) The use of standardized forms for acid rain portions of permit applications and 

compliance plans;
(14) Information necessary to define reasonably anticipated alternative operating scenarios, 

to define permit terms and conditions pursuant to § 74:36:05:30, or to implement a federally 

enforceable emission cap;

(15) A compliance plan that contains all of the following and is at least as stringent as that 

contained in any judicial consent decree or administrative order to which the source is subject:

(a) A description of the compliance status of the source for all applicable requirements, 

including applicable requirements that will become effective during the term of the permit;

(b) A description of the requirements for which the source is not in compliance at the 

time of permit issuance and a narrative description and a compliance schedule of how the source 

will achieve compliance with such requirements. The compliance schedule must include a 

statement that progress reports will be submitted at least once every six months; and

(c) A statement that the source will continue to demonstrate compliance with applicable 

requirements;

(16) A certification of compliance by a responsible official that addresses all air pollution 

control requirements applicable to the source. A certification of compliance for an affected source 

subject to Title IV and chapter 74:36:16 must be submitted by the designated representative. This 

certification must be consistent with any applicable enhanced monitoring and compliance 

certification requirement of the Clean Air Act and must include:

(a) A statement indicating methods used to determine compliance, including monitoring, 

record keeping and reporting requirements, and test methods;

(b) A statement that compliance certifications will be submitted at least annually or at 

other designated times for the duration of the permit to the department;

(c) A statement that the source is in compliance with all applicable requirements;

(d) A statement identifying the condition of the permit that is the basis of the 

certification, indicating the compliance status, and identifying whether compliance is continuous or 

intermittent; and

(e) A statement indicating the source's compliance status with any applicable enhanced 

monitoring and compliance certification requirements of the Clean Air Act;

(17) A certification by a responsible official of the truth, accuracy, and completeness of any 

application form, report, or compliance certification submitted to the department. This certification 

and any other required certification must state that, based on information and belief formed after 

reasonable inquiry, the statements and information in the documents are true, accurate, and 

complete; and
(18) Any other information requested by the department after submission of an application 

for a permit to operate a Part 70 source which is relevant to determine compliance of the source 

with the Clean Air Act.

An application for a renewal of an operating permit for a Part 70 source may refer to 

previously submitted material.

Source: 19 SDR 157, effective April 22, 1993; 20 SDR 125, effective February 9, 1994; 21 

SDR 119, effective January 5, 1995; 36 SDR 207, effective June 28, 2010.

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

Law Implemented: SDCL 34A-1-12, 34A-1-21.

Reference: Standard Industrial Classification Manual, 1987, Executive Office of the 

President, Office of Management and Budget. Copies may be obtained from National Technical 

Information Service, 5285 Port Royal Road, Springfield, Virginia 22161, order no PB 87-100012. 

Cost: $31.

74:36:05:13. Applicant required to supplement or correct application. If the applicant is 

aware that the application is incomplete or that any relevant facts or information contained in an 

application are incorrect, the applicant shall submit the supplementary facts or corrected 

information. The applicant shall provide additional information as necessary to address 

requirements that become applicable after the application is filed but before the release of the draft 

permit.

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995.

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

Law Implemented: SDCL 34A-1-12, 34A-1-21.

74:36:05:14. Permit application -- Completeness review. Repealed.

Source: 19 SDR 157, effective April 22, 1993; 20 SDR 125, effective February 9, 1994; 

repealed, 21 SDR 119, effective January 5, 1995.

74:36:05:15. Deadline for final action on permit application. Except for the permitting of 

affected sources under the Title IV acid rain program, final action on each permit application for an 

operating permit for a Part 70 source, including requests for permit modification or renewal, must 

be completed within 18 months after receipt of a complete application.

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995.

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

Law Implemented: SDCL 34A-1-21.

74:36:05:16. Statement of basis for recommended permit conditions. The department 

shall review the complete application for a Part 70 operating permit and develop a statement that 

sets forth the legal and factual basis for the recommended permit conditions, including references 

to the applicable statutory or regulatory provisions. The department shall provide this statement to 

EPA, the applicant, and, upon request, to the public and affected states with the draft permit.
Source: 19 SDR 157, effective April 22, 1993; 20 SDR 125, effective February 9, 1994; 21 

SDR 119, effective January 5, 1995; 25 SDR 123, effective April 4, 1999.

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

Law Implemented: SDCL 34A-1-21.

74:36:05:16.01. Operating permit requirements. Each permit issued for the operation of a 

Part 70 source must contain:

(1) The name of the person, company, political subdivision, agency, or institution granted a 

permit;

(2) The type of operation;

(3) The facility and mailing address;

(4) The date the operating permit was granted and on which it will expire;

(5) A number for administrative reference;

(6) The name of a designated person or officer responsible for the source's operation;

(7) A statement granting an operating permit by the board or secretary and any conditions 

that the board or secretary may impose to ensure compliance with the act and the Clean Air Act;

(8) Emission limits and standards, including operational requirements and limits for all 

regulated emission units, necessary to assure compliance with applicable requirements of the act 

and the Clean Air Act and including the following:

(a) The reference of authority for each term or condition;

(b) The applicable requirements from the Clean Air Act and from Title IV requirements 

of the Clean Air Act, reviewing both requirements and distinguishing which is more stringent and 

incorporating both into the permit; and

(c) If an alternative emission limit is approved in the state implementation plan (SIP), 

provisions to ensure that the alternative emission limit in the permit issuance, renewal, or permit 

modification process has been demonstrated to be equivalent to the applicable emission limit in the 

state implementation plan and is quantifiable, accountable, enforceable, and based on replicable 

procedures;

(9) Monitoring and related record keeping and reporting requirements, consisting of at least 

the following:

(a) All emissions monitoring and analysis procedures, alternative approved methods or 

test methods required under the applicable requirements, including procedures and methods in 

§ 504(b) or 114(a)(3) of the Clean Air Act;
(b) If the applicable requirement does not require periodic testing or instrumental or 

noninstrumental monitoring, periodic monitoring sufficient to yield reliable data from the relevant 

time period that are representative of the source's compliance with the permit. Such monitoring 

requirements must assure use of terms, test methods, units, averaging periods, and other statistical 

conventions consistent with the applicable requirement;

(c) As necessary, documentation of the use, maintenance, and if appropriate, installation 

of monitoring equipment or methods;

(d) Documentation of the following:

(i) The date, place as defined in the permit, and time of sampling or 

measurements;

(ii) The date or dates analyses were performed;

(iii) The company or entity that performed the analyses;

(iv) The analytical techniques or methods used;

(v) The results of such analyses; and

(vi) The operating conditions as existing at the time of sampling or measurement;

(e) Record keeping and reporting requirements that comply with the following:

(i) Submission of reports of any required monitoring must occur at least every 

six months. Reports must clearly identify all deviations from permit requirements and conditions. 

All required reports must be certified by a responsible official; and

(ii) Deviations from permit requirements, including those attributable to upset 

conditions as defined in the permit, the probable cause of such deviations and any corrective 

actions or preventive measures taken must be promptly reported and certified by a responsible 

official; and

(f) Requirements for retention of monitoring records and all supporting documentation 

for at least five years from the date of the monitoring sample, measurement, report, or application; 

and

(10) If applicable, a condition prohibiting emissions exceeding any allowances that the 

source lawfully holds, exceedances of applicable emission rates, and the use of any allowance prior 

to the year for which it was allocated under the Title IV program of the Clean Air Act;

(11) A severability clause asserting the continued validity of permit requirements if any 

portions of the permit are challenged;

(12) Provisions stating the following:

(a) The permittee must comply with all conditions of the permit. Any permit 

noncompliance constitutes a violation and is grounds for enforcement action, permit termination, 

revocation and reissuance, permit revision, or denial of a permit renewal application;
(b) A permittee in an enforcement action may not use the defense that it would have been 

necessary to cease or reduce the permitted activity in order to maintain compliance;

(c) The permit may be revised, revoked and reissued, reopened, or terminated for cause. 

The filing of a request by the permittee for a permit revision, revocation and reissuance, or 

termination or of a notification of planned changes or anticipated noncompliance does not stay any 

permit condition;

(d) The permit does not convey property rights of any sort or any exclusive privilege; and

(e) The permittee must provide any information, including records, requested in writing 

by the department to determine whether cause exists for revising, revoking and reissuing, 

reopening, or terminating the permit or to determine compliance;

(13) Terms and conditions for reasonably anticipated operating scenarios identified by the 

source in its application and approved by the department. The terms and conditions must require 

the source, contemporaneously with making a change from one operating scenario to another, to 

record in a log at the permitted facility a record of the scenario under which it is operating and 

must ensure that the terms and conditions of each such alternative scenario meet all requirements 

of the Clean Air Act;

(14) Compliance requirements that contain the following:

(a) A compliance certification and testing, monitoring, reporting, and recordkeeping 

requirements sufficient to assure compliance with the terms and conditions of the permit. All 

documents, including reports, required by the permit must be certified by a responsible official 

consistent with subdivision 74:36:05:12(17). The compliance certification must be submitted 

annually from the date of permit issuance to the department and EPA;

(b) Inspection and entry requirements that require the permittee to allow the department 

or an authorized representative to perform the following:

(1) Enter upon the permittee's premises where a Part 70 source is located or 

emissions-related activity is conducted or where records must be kept under the conditions of the 

permit;

(2) Have access to and copy, at reasonable times, any records that must be kept under 

the conditions of the permit;

(3) Inspect at reasonable times any facilities, equipment, practices, or operations 

regulated or required under the permit; and

(4) As authorized by the Clean Air Act, sample or monitor at reasonable times 

substances or parameters for the purpose of assuring compliance with the permit or applicable 

requirements;

(c) A compliance plan in accordance with subdivision 74:36:05:12(15), including 

progress reports on noncompliance indicating the dates that compliance will be achieved or the 
dates that compliance was achieved as referred to in a schedule of compliance. The report must 

state an explanation for not attaining dates of compliance and must be submitted to the department 

semiannually or more frequently as required by the department; and

(d) A compliance certification in accordance with subdivision 74:36:05:12(16);

(15) A condition requiring a Part 70 source to pay any required fees;

(16) A condition stating that no permit revisions are required for increases in emissions 

allowed through emissions trading to the extent that such trades are authorized by the applicable 

requirements of the Clean Air Act;

(17) Any provisions the department uses to issue general permits that are in accordance with 

40 C.F.R. Part 70.6(d) (July 1, 2012);

(18) Provisions for permit emission exceedances due to emergencies that are in accordance 

with the requirements in 40 C.F.R. Part 70.6(g) (July 1, 2012); and

(19) All applicable requirements of the Clean Air Act.

Source: 19 SDR 157, effective April 22, 1993; transferred from § 74:36:05:27, 20 SDR 125, 

effective February 9, 1994; 21 SDR 119, effective January 5, 1995; 31 SDR 101, effective January 

2, 2005; 32 SDR 209, effective June 13, 2006; 36 SDR 207, effective June 28, 2010; 39 SDR 219, 

effective June 25, 2013.

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

Law Implemented: SDCL 34A-1-12, 34A-1-21.

74:36:05:17. Public participation in permitting process. All operating permit issuance 

proceedings, including renewals, permit modifications, and reopenings, for a Part 70 source, except 

as provided in this chapter, must provide an opportunity for public and affected states to comment 

on the draft permit.

The department shall publish the public notice on the draft permit once in a legal newspaper 

in the county where the source is located. The public notice must include the following:

(1) A brief statement describing the source, including the name and address of the permittee;

(2) The activity or activities involved in the permit action;

(3) The emissions change involved in any permit modification;

(4) The department's recommendation and the reasons for it;

(5) A statement that a person may submit comments or contest the draft permit within 30 

days after 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; and

(6) A statement describing where copies of the draft permit or other information may be 

obtained.

The department shall provide to the interested parties a 30-day notice of any hearing to 

contest a draft permit.
Source: 19 SDR 157, effective April 22, 1993; 20 SDR 125, effective February 9, 1994; 21 

SDR 119, effective January 5, 1995; 25 SDR 123, effective April 4, 1999; 36 SDR 207, effective 

June 28, 2010.

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

Law Implemented: SDCL 34A-1-21.

74:36:05:18. Public and affected state review of draft permit. During the public 

comment period, any interested person or affected state may submit written comments on the draft 

permit or request a contested case hearing. All comments will be considered in making a final 

permit decision on the draft permit as provided in §§ 74:36:05:20 and 74:36:05:20.01. A request 

for a contested case hearing must be in writing and prepared and filed in accordance with article 

74:09. The department is not required to accept recommendations or comments that are not based 

on applicable requirements of this article or the requirements of the Clean Air Act.

Source: 19 SDR 157, adopted April 22, 1993, effective November 15, 1994; 20 SDR 125, 

amended February 9, 1994, effective November 15, 1994; 21 SDR 119, amended January 5, 1995, 

and effective date changed to March 15, 1995; 25 SDR 123, effective April 4, 1999; 36 SDR 207, 

effective June 28, 2010.

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

Law Implemented: SDCL 34A-1-21.

74:36:05:19. Transferred to § 74:36:05:20.03.

74:36:05:20. Department review of affected states' comments on draft permit.

Repealed.

Source: 19 SDR 157, effective April 22, 1993; 20 SDR 125, amended February 9, 1994, and 

effective date changed to November 15, 1994; 21 SDR 119, amended January 5, 1995, and 

effective date changed to March 15, 1995; repealed, 25 SDR 123, effective April 4, 1999.

74:36:05:20.01. Final permit decision -- Notice to interested persons. The department 

shall make its final permit decision within 30 days of the end of the public comment period on a 

draft permit. The department shall notify, in writing, the applicant and each person or affected state 

that submitted written comments or requested notice of the final permit decision. The notice shall 

include reference to the procedures for contesting the final permit decision and requesting a 

hearing in accordance with article 74:09. For the purpose of this section, the final permit decision 

means proposing a permit, denying a permit, or terminating a permit.

The proposed Part 70 operating permit must be submitted to EPA within 30 days of notifying 

the applicant and each person or affected state that submitted written comments or requested 

notification of the final permit decision except under the following conditions:

(1) A later effective date is specified in the final permit decision;

(2) A contested case hearing is requested; or

(3) No comments or request for changes in the draft permit were received during the public 

notice period on the draft permit. In this case, the draft permit automatically becomes the final 

permit decision and the proposed Part 70 operating permit is submitted to EPA.
Source: 19 SDR 157, effective April 22, 1993; transferred from § 74:36:05:25, 20 SDR 125, 

effective February 9, 1994; 25 SDR 123, effective April 4, 1999; 36 SDR 207, effective June 28, 

2010; 39 SDR 219, effective June 25, 2013.

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

Law Implemented: SDCL 1-26-27, 1-26-29, 34A-1-21.

74:36:05:20.02. Petitions for contested case hearing. The applicant, interested person, or 

affected state may petition the board and obtain a contested case hearing to dispute the 

department's draft permit. Any other person may petition to intervene and request a hearing if the 

person has an interest affected by the department's draft permit. Such petitions must comply with 

the provisions of article 74:09 and be received by the department within 30 days after the notice 

required by § 74:36:05:17.

The applicant or an interested person or affected state that comments on the draft permit may 

petition the board for and obtain a contested case hearing to dispute the department's final permit 

decision. Such petitions must comply with the provisions of article 74:09 and be received by the 

department within 30 days after the applicant, interested person, or affected state receives the 

department's final permit decision.

If the draft permit or the final permit decision is contested, the department shall present the 

draft permit or final permit decision to the board for action in accordance with article 74:09.

Source: SL 1975, ch 16, §1; 2 SDR 40, effective December 7, 1975; transferred from 

§§ 34:10:01:02, 34:10:01:22.05, 7 SDR 4, effective July 27, 1980; transferred from § 44:10:01:39, 

effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 14 SDR 50, effective 

October 4, 1987; transferred from § 74:26:01:39, 19 SDR 157, effective April 22, 1993; transferred 

from § 74:36:05:26, 20 SDR 125, effective February 9, 1994; 21 SDR 119, effective January 5, 

1995; 25 SDR 123, effective April 4, 1999; 39 SDR 219, effective June 25, 2013.

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

Law Implemented: SDCL 1-26-27, 1-26-29, 34A-1-21.

74:36:05:20.03. EPA review of Part 70 operating permit. The department shall submit to 

EPA a copy of each permit application for a Part 70 operating permit, including any application for 

a permit modification at the time the application is received by the department, minutes of the 

proceedings of a contested case hearing, the draft permit, comments from the public or affected 

states on the draft permit and the department's response, the proposed Part 70 operating permit, and 

the final permit after EPA review. The department may, in agreement with EPA, submit a permit 

application summary form and any relevant portion of the permit application or compliance plan.

Source: 19 SDR 157, adopted April 22, 1993, effective November 15, 1994; 20 SDR 125, 

transferred from § 74:36:05:19 and amended February 9, 1994, effective November 15, 1994; 21 

SDR 119, amended January 5, 1995, and effective date changed to March 15, 1995; 25 SDR 123, 

effective April 4, 1999; 36 SDR 207, effective June 28, 2010.

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

Law Implemented: SDCL 34A-1-21.

74:36:05:21. EPA objection to issuance of operating permit. The department may not 

issue a proposed Part 70 operating permit as a final permit for a Part 70 source if EPA objects to its 
issuance within 45 days after receipt of the proposed Part 70 operating permit pursuant to 

§ 74:36:05:20.03. If there is no EPA objection, the department shall issue the proposed Part 70 

operating permit as a final permit.

Source: 19 SDR 157, effective April 22, 1993; 20 SDR 125, amended February 9, 1994, and 

effective date changed to November 15, 1994; 21 SDR 119, amended January 5, 1995, and 

effective date changed to March 15, 1995.

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

Law Implemented: SDCL 34A-1-21.

Cross-Reference: EPA objection procedure, 40 C.F.R. § 70.8(c).

74:36:05:21.01. Department response to EPA objection. The department shall respond 

within 90 days to the EPA objection. The department may either revise the proposed Part 70 

operating permit or justify its position on the proposed Part 70 operating permit to EPA. If the 

department decides to revise the proposed Part 70 operating permit, it shall follow the procedural 

requirements for an initial Part 70 operating permit, administrative permit amendment, minor 

permit amendment, or permit modification, as applicable.

If the EPA concurs with the revised proposed Part 70 operating permit or the department's 

justification, the department shall issue a final permit and submit it to the EPA. If the EPA does 

not concur, the EPA is responsible for issuing the final permit.

Source: 20 SDR 125, adopted February 9, 1994, effective November 15, 1994; 21 SDR 119, 

amended January 5, 1995, and effective date changed to March 15, 1995; 36 SDR 207, effective 

June 28, 2010.

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

Law Implemented: SDCL 34A-1-21.

74:36:05:22. Department failure to meet EPA objection deadline. If the department fails 

to submit a revised proposed Part 70 operating permit or justification in accordance with 

§ 74:36:05:21.01 to EPA to meet the objection within 90 days after its receipt, responsibility for 

issuing or denying the final permit rests with EPA.

Source: 19 SDR 157, effective April 22, 1993; 20 SDR 125, amended February 9, 1994, and 

effective date changed to November 15, 1994; 21 SDR 119, amended January 5, 1995, and 

effective date changed to March 15, 1995.

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

Law Implemented: SDCL 34A-1-21.

74:36:05:23. Public petition to EPA on the final permit. When a proposed Part 70 

operating permit is issued as a final permit by the EPA or the department, a person may petition the 

EPA in writing within 60 days after expiration of EPA's review period specified in 

§§ 74:36:05:20.03 to 74:36:05:22, inclusive, to object to the issuance of a final permit. The 

petition may be based only on objections to the permit that were raised with reasonable specificity 

during the public comment period, unless the petitioner demonstrates that it was impracticable to 

raise such objections within the public comment period or unless the grounds for the objection 

arose after the public comment period. If EPA objects to the issuance of the final permit as a result 
of a petition, the department shall respond to EPA's objection. Upon resolution of EPA's objection, 

the permit shall remain the same or may be modified, terminated, or revoked by the department or 

EPA.

Source: 19 SDR 157, effective April 22, 1993; 20 SDR 125, amended February 9, 1994, and 

effective date changed to November 15, 1994; 21 SDR 119, amended January 5, 1995, and 

effective date changed to March 15, 1995.

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

Law Implemented: SDCL 34A-1-21.

74:36:05:24. Affected state and EPA review required. Repealed.

Source: 19 SDR 157, effective April 22, 1993; repealed, 20 SDR 125, effective February 9, 

1994.

74:36:05:25. Transferred to § 74:36:05:20.01.

74:36:05:26. Transferred to § 74:36:05:20.02.

74:36:05:27. Transferred to § 74:36:05:16.01.

74:36:05:28. Permit expiration. Permit expiration terminates the source's right to operate

under the Part 70 operating permit unless a timely and complete renewal application has been 

submitted to the department.

Source: 19 SDR 157, effective April 22, 1993; 36 SDR 207, effective June 28, 2010.

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

Law Implemented: SDCL 34A-1-21.

Cross-Reference: Timely and complete application for operating permit required, 

§ 74:36:05:08.

74:36:05:29. Permit renewal. Permits to be renewed are subject to the same procedural 

requirements in §§ 74:36:05:08 to 74:36:05:23, inclusive, as the original Part 70 operating permit 

issuance.

Source: 19 SDR 157, effective April 22, 1993; 20 SDR 125, effective February 9, 1994; 31 

SDR 101, effective January 2, 2005.

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

Law Implemented: SDCL 34A-1-21.

74:36:05:30. Permit flexibility. An operating permit issued to a Part 70 source must allow 

the source to make the changes listed below without requiring a permit revision before the source 

makes those changes if the change is not a modification under any provision of Title I of the Clean 

Air Act and the change does not exceed the emissions allowable under the permit. The source must 

provide the department written notification as required in this section at least seven days in 

advance of the proposed changes. The source and the department shall attach each such notice to 

its copy of the relevant permit.
Permitted sources may make changes that do not violate any applicable requirements or 

contravene federally enforceable permit terms and conditions, such as monitoring, including test 

methods, recordkeeping, reporting; or compliance certification requirements. For each such 

change, the written notice must include a brief description of the change within the permitted 

facility, the date on which the change will occur, any change in emissions, and any permit term or 

condition that is no longer applicable as a result of the change

If a permit applicant requests it, the department must issue permits that contain terms and 

conditions, including all requirements under § 74:36:05:16.01, allowing for the trading of increases 

and decreases in the permitted facility solely for the purpose of complying with a federally 

enforceable emissions cap that is established in the permit independent of otherwise applicable 

requirements. The permit applicant must include in its permit application the proposed replicable 

procedures and permit terms that ensure that the emission trades are quantifiable and enforceable. 

Any emission units for which emissions are not quantifiable or for which there are no replicable 

procedures to enforce the emission trades shall not be permitted for trading of emissions. The 

written notice must include, at a minimum, when the proposed change will occur, a description of 

each such change, any change in emissions, and how these increases and decreases in emissions 

will comply with the terms and conditions of the permit.

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 36 

SDR 207, effective June 28, 2010.

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

Law Implemented: SDCL 34A-1-12, 34A-1-21.

74:36:05:31. Permit amendment -- Application required. An amendment to a permit can 

be applied for at any time by the submittal of an application. The application must specify whether

the requested permit revision is an administrative permit amendment, a minor permit amendment, 

or a permit modification. The application shall contain the necessary information required for an 

administrative permit amendment, minor permit amendment, or permit modification.

Source: 19 SDR 157, effective April 22, 1993; 36 SDR 207, effective June 28, 2010.

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

Law Implemented: SDCL 34A-1-21.

74:36:05:32. Administrative permit amendment required. An administrative permit 

amendment may be issued for a revision to a permit meeting the requirements of § 74:36:01:03. An

application for an administrative permit amendment shall contain a description of the change and 

documentation supporting the applicant's claim the revision qualifies as an administrative permit 

amendment.

Source: 19 SDR 157, effective April 22, 1993; 23 SDR 106, effective December 29, 1996; 

36 SDR 207, effective June 28, 2010.

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

Law Implemented: SDCL 34A-1-21.

74:36:05:33. Procedure for administrative permit amendments. An administrative 

permit amendment shall be made by the department without being subject to advance notice or the 
procedural requirements applicable to a permit modification. The department shall take no more 

than 60 days from receipt of an application for an administrative permit amendment to take final 

action on the application. The department may make such changes without providing notice to the 

public or affected states if it designates any such permit revisions as being made pursuant to this 

section. The department shall submit a copy of the revised permit to EPA. The source may 

implement the changes addressed in the application for an administrative amendment immediately 

upon submitting the application.

Source: 19 SDR 157, effective April 22, 1993.

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

Law Implemented: SDCL 34A-1-21.

74:36:05:34. Minor permit amendment required. A Part 70 source may request a minor 

permit amendment under §§ 74:36:05:35 to 74:36:05:38, inclusive, for a change that does not 

constitute a modification and is not prohibited under any applicable requirement under Title I of 

the Clean Air Act.

Source: 19 SDR 157, effective April 22, 1993; 25 SDR 123, effective April 4, 1999.

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

Law Implemented: SDCL 34A-1-12, 34A-1-21.

74:36:05:35. Requirements for minor permit amendments. A minor permit amendment 

is an amendment to an existing permit and is issued by the secretary. A minor permit amendment 

may be issued by the secretary if the proposed revision meets the following requirements:

(1) It does not violate any applicable requirement;

(2) It does not involve significant changes to existing monitoring, reporting, or record 

keeping requirements in the permit;

(3) It does not require or change a case-by-case determination of an emission limit or other 

standard, a source-specific determination for temporary sources of ambient impacts, or a visibility 

or increment analysis;

(4) It does not seek to establish or change a permit term or condition for which there is no 

corresponding underlying applicable requirement that the source has assumed to avoid an 

applicable requirement, a federally enforceable emissions cap assumed to avoid classification as a 

modification under any provision of Title I, and an alternative emissions limit approved pursuant to

regulations promulgated under § 112(i)(5) of the Clean Air Act; and

(5) It does not constitute a modification under Title I of the Clean Air Act.

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995.

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

Law Implemented: SDCL 34A-1-21.

74:36:05:36. Application for minor permit amendment. An application for a minor 

permit amendment shall include the following:
(1) A description of the proposed change, the resulting change in emissions, and any new 

applicable requirements;

(2) The source's suggested draft permit;

(3) Certification by a responsible official that the proposed revision meets the applicable 

requirements of a minor permit amendment; and

(4) Completed forms for notifying EPA and any affected states.

Source: 19 SDR 157, effective April 22, 1993.

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

Law Implemented: SDCL 34A-1-21.

74:36:05:37. Notification of EPA and affected states required. The department shall 

notify EPA and any affected states within five working days after receipt of a complete minor 

permit amendment application.

Source: 19 SDR 157, effective April 22, 1993.

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

Law Implemented: SDCL 34A-1-21.

74:36:05:38. Department deadline to approve minor permit amendment. The 

department shall take the following final action on a proposed minor permit amendment within 90 

days after receipt of a complete application for a minor permit amendment or 15 days after the end 

of EPA's 45-day review period, whichever is later:

(1) Issue the minor permit amendment as proposed;

(2) Deny the minor permit amendment application;

(3) Determine that the requested minor permit amendment should be processed as a permit 

modification; or

(4) Revise the proposed minor permit amendment and transmit the revised amendment to 

EPA.

The department is not required to public notice a minor permit amendment; but the final 

permit decision for a minor permit amendment must be submitted to EPA for a 45-day review. The 

department may not issue a final permit for a minor permit amendment until after EPA's 45-day 

review or until EPA has notified the department that EPA will not object to the issuance of the 

minor permit amendment. The source may implement a proposed revision that is considered a 

minor permit amendment seven days after submitting a complete application.

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 36 

SDR 207, effective June 28, 2010.

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

Law Implemented: SDCL 34A-1-21.

74:36:05:39. Permit modifications. Permit modifications are subject to the same 

procedural requirements in §§ 74:36:05:08 to 74:36:05:23, inclusive, as the original permit 

issuance, except that the required review covers only the proposed changes rather than the 

unchanged activities of the permittee.
Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995.

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

Law Implemented: SDCL 34A-1-21.

74:36:05:40. Reopening operating permit for cause. The department may reopen and 

revise an operating permit for the following reasons:

(1) Additional requirements of the Clean Air Act become applicable to a major source 

subject to a Part 70 operating permit and for which three years or more remain on the term of the 

permit. Such reopenings or revisions shall be made not more than 18 months after the 

promulgation of the relevant standard or regulations. Such reopenings or revisions are not required 

if the effective date of the requirement is later than the date on which the permit is due to expire;

(2) Additional requirements become applicable to an affected source under Title IV of the 

Clean Air Act;

(3) There is a determination by the department or EPA that the permit contains inaccurate 

statements or material mistakes in establishing the emission standard limitations on other 

requirements of the permit; or

(4) The department or EPA determines that the permit must be revised or revoked to assure 

compliance with the applicable requirements of the Clean Air Act or this article.

Source: 19 SDR 157, effective April 22, 1993; 25 SDR 123, effective April 4, 1999; 31 

SDR 101, effective January 2, 2005.

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

Law Implemented: SDCL 34A-1-21.

74:36:05:41. Procedures to reopen permit. Reopening a permit shall follow the procedural 

requirements to issue an initial permit and shall affect only those parts of the permit for which 

cause to reopen exists. The department shall follow the procedural requirements for initial permit 

issuance and shall notify the source at least 30 days before reopening a permit issued to the source. 

The department may provide a shorter notice in an emergency.

Source: 19 SDR 157, effective April 22, 1993; 36 SDR 207, effective June 28, 2010.

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

Law Implemented: SDCL 34A-1-21.

74:36:05:42. Reopening permit for cause by EPA. Within 90 days after EPA notifies the 

department and permittee that cause exists to terminate, revise, or revoke and reissue a permit, the 

department shall submit to EPA a proposed determination of termination, revision, or revocation 

and reissuance.

Source: 19 SDR 157, effective April 22, 1993; 36 SDR 207, effective June 28, 2010.

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

Law Implemented: SDCL 34A-1-21.
74:36:05:43. EPA review of proposed determination. After EPA review of the proposed 

determination, the department has 90 days from receipt of an EPA objection to resolve the 

rejection.

Source: 19 SDR 157, effective April 22, 1993.

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

Law Implemented: SDCL 34A-1-21.

74:36:05:44. Department failure to submit proposed determination. Department failure 

to submit a proposed determination within the 90-day period in § 74:36:05:42 or failure to resolve 

the objection in § 74:36:05:43 will result in termination, revision, or revocation and reissuance of 

the permit by EPA after the permittee receives 30 days written notice from the EPA of the reasons 

for the action and the permittee has an opportunity for comment and hearing by EPA on the 

proposed action.

Source: 19 SDR 157, effective April 22, 1993; 36 SDR 207, effective June 28, 2010.

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

Law Implemented: SDCL 34A-1-21.

74:36:05:45. EPA's decision final action. Repealed.

Source: 19 SDR 157, effective April 22, 1993; repealed, 21 SDR 119, effective January 5, 

1995.

74:36:05:46. Permit termination, modification, revocation, and reissuance by 

department. The department may terminate, revise, or revoke permits for violations of the Clean 

Air Act or this article or for nonpayment of a fee. Invalidation of the acid rain portion of an 

operating permit does not affect the continuing validity of the rest of the operating permit, nor does 

invalidation of any other portion of the operating permit affect the continuing validity of the acid 

rain portion of the permit.

Source: 19 SDR 157, effective April 22, 1993; 36 SDR 207, effective June 28, 2010.

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

Law Implemented: SDCL 34A-1-21.

74:36:05:47. Notice of operating noncompliance -- Contents. If the department 

determines that the operation of a source is not in compliance with the rules, statutory 

requirements, or permit conditions, the department may issue a notice of such findings to the 

permit holder or operator of the source. The notice must contain citations to the rules, statutes, or 

permit conditions violated, reference to this section, and the alleged facts upon which the 

determination is based. The secretary, with the concurrence of the alleged violator, may settle an 

issue of noncompliance by specifying a compliance agreement, which may include a penalty under 

SDCL 34A-1-39 and the date for final compliance of the source. If a compliance agreement can not 

be negotiated, the department may petition the chairman of the board for a contested case hearing 

or may file a civil penalty or injunctive action in circuit court.

Source: 2 SDR 40, effective December 7, 1975; transferred from § 34:10:01:39, 7 SDR 4, 

effective July 27, 1980; transferred from § 44:10:01:47, effective July 1, 1981; 10 SDR 68, 
effective January 5, 1984; 13 SDR 129, 13 SDR 141, effective July 1, 1987; transferred from 

§ 74:26:01:47, 19 SDR 157, effective April 22, 1993.

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

Law Implemented: SDCL 1-26-20, 34A-1-39, 34A-1-53.

74:36:05:47.01. Circumvention of emissions not allowed. A person may not install or 

cause the installation or use of a device or a means which conceals or dilutes an emission of air 

pollutants that would otherwise violate this article or the Clean Air Act. This includes operating a 

source, unit, or control device which emits pollutants into the ambient air from an opening other 

than the stack, vent, or equivalent opening from which they were designed to be emitted.

Source: 21 SDR 119, effective January 5, 1995.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:05:48. Petition for contested case on alleged violation. In accordance with 

§ 74:36:05:47, the department may file a petition containing the information required in article 

74:09 to request an order directing corrective action, that an enforcement hearing be scheduled 

pursuant to the provisions of article 74:09, or that the permit be suspended or revoked for 

noncompliance.

Source: 2 SDR 40, effective December 7, 1975; transferred from § 34:10:01:40, 7 SDR 4, 

effective July 27, 1980; transferred from § 44:10:01:48, effective July 1, 1981; 13 SDR 129, 13 

SDR 141, effective July 1, 1987; 14 SDR 50, effective October 4, 1987; transferred from 

§ 74:26:01:48, 19 SDR 157, effective April 22, 1993.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-47, 34A-1-49.

74:36:05:49. Stack performance tests required. Repealed.

Source: 19 SDR 157, effective April 22, 1993; repealed, 23 SDR 106, effective December 

29, 1996.

74:36:05:50. Federal enforceability of permit conditions. All terms and conditions of a 

Part 70 operating permit issued pursuant to this article, including any provisions designed to limit a 

source's potential to emit, are federally enforceable, except those conditions imposed by the 

department that are not required under the Clean Air Act. The conditions imposed by the 

department that are not required under the Clean Air Act must be specifically designated as not 

being federally enforceable.

Source: 20 SDR 125, effective February 9, 1994; 21 SDR 119, effective January 5, 1995.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6.

74:36:05:51. General permits. The secretary may issue a general permit to a category of air 

pollution sources that meets the following:

(1) Involve the same or substantially similar types of operations;
(2) Require the same or similar type of air emission limits; and

(3) Require the same or similar record keeping and monitoring.

If a general permit has been issued by the secretary, all sources covered by the general permit 

shall apply for permission to operate under the general permit. Such sources may not be 

constructed or operate until they are granted coverage under the general permit, or until they obtain 

an individual permit if required by the secretary.

Source: 30 SDR 26, effective September 1, 2003; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-21.

Law Implemented: SDCL 34A-1-56.

Note: The procedural requirements for obtaining a general permit under this chapter are 

similar to the procedural requirements for a Part 70 source, such as a timely and complete 

application, completeness review, public participation, and departmental recommendation, as 

outlined in §§ 74:36:05:08 to 74:36:05:23, inclusive.

74:36:05:52. Secretary may require an individual permit. The secretary may require any 

source applying for a general permit or operating under a general permit to apply for and obtain an 

individual air quality permit. Individual air quality permits may be required at the discretion of the 

secretary, including under the following circumstances;

(1) The owner or operator is not in compliance with the conditions of its existing individual 

air permit prior to applying for the general permit; or

(2) The owner or operator is not in compliance with the conditions of the general permit.

Source: 30 SDR 26, effective September 1, 2003.

General Authority: SDCL 34A-1-21.

Law Implemented: SDCL 34A-1-56.

CHAPTER 74:36:06

REGULATED AIR POLLUTANT EMISSIONS

Section

74:36:06:01 Applicability.

74:36:06:02 Allowable emissions for fuel-burning units.

74:36:06:03 Allowable emissions for process industry units.

74:36:06:04 Particulate emission restrictions for incinerators and waste wood burners.

74:36:06:05 Most stringent interpretation applicable.

74:36:06:06 Stack performance test.

74:36:06:07 Open burning practices prohibited.
74:36:06:01. Applicability. Any unit required to be permitted under this article must 

comply with the standards and requirements in this chapter except as otherwise specified in chapter 

74:36:07, 74:36:08, 74:36:09, 74:36:10, or 74:36:16.

Source: SL 1975, ch 16, § 1; transferred from § 34:10:07:01, 7 SDR 4, effective July 27, 

1980; transferred from § 44:10:07:01, effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective 

July 1, 1987; transferred from § 74:26:07:01, 19 SDR 157, effective April 22, 1993; 21 SDR 119, 

effective January 5, 1995.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6.

74:36:06:02. Allowable emissions for fuel-burning units. An owner or operator of a fuelburning unit may not cause or permit emissions of the following regulated air pollutants from the 

combustion of solid, gaseous, or liquid fuels that exceed the following allowable emissions limits 

that apply to the fuel-burning unit:

(1) Particulate matter:

(a) A fuel-burning unit with heat input values less than 10 million Btus per hour may not 

exceed .6 pounds of particulate matter per million Btus of heat input; and

(b) A fuel-burning unit with a heat input equal to or greater than 10 million Btus per hour 

may not exceed the particulate emissions rate determined by the following equation:

E = 0.811H-0.131, where

E = the allowable particulate emissions rate in pounds per million Btus of heat input 

and

H = heat input in millions of Btus per hour;

(2) Sulfur dioxide: A fuel-burning unit may not emit sulfur dioxide emissions to the ambient 

air in an amount greater than three pounds of sulfur dioxide per million Btus of heat input to the 

unit based on a three-hour rolling average, which is the arithmetic average of three contiguous onehour periods.

Source: SL 1975, ch 16, § 1; transferred from § 34:10:07:03, 7 SDR 4, effective July 27, 

1980; transferred from § 44:10:07:03, effective July 1, 1981; 11 SDR 151, effective May 12, 1985; 

13 SDR 129, 13 SDR 141, effective July 1, 1987; 16 SDR 88, effective November 14, 1989; 17 

SDR 170, effective May 13, 1991; transferred from §§ 74:26:06:02.01 and 74:26:07:03, 19 SDR 

157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April 

4, 1999.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6.

74:36:06:03. Allowable emissions for process industry units. An owner or operator who 

operates a process industry unit may not cause or permit emissions of the following regulated air 
pollutants from any unit in excess of the amount expressed in the equation allocated to the unit 

listed in this section:

(1) Particulate matter:

(a) The allowable particulate emissions rate for process industry units with process 

weight rates up to 60,000 pounds per hour shall be determined by use of the following equation:

E = 4.10 x P0.67, and

(b) The allowable particulate emissions rate for process industry units with process 

weight rates in excess of 60,000 pounds per hour shall be determined by use of the following 

equation:

E = [55.0 x P0.11] - 40, where

E = the rate of emission in pounds per hour and

P = process weight rate in tons per hour;

(2) Sulfur dioxide: A process unit which uses combustible fuel may not emit sulfur dioxide 

emissions to the ambient air in an amount greater than three pounds of sulfur dioxide per million 

Btus of heat input to the unit based on a three-hour rolling average, which is the arithmetic average 

of three contiguous one-hour periods.

Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from 

§§ 34:10:06:08 and 34:10:07:03, 7 SDR 4, effective July 27, 1980; transferred from 

§§ 44:10:06:05 and 44:10:07:03, effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective July 

1, 1987; 16 SDR 88, effective November 14, 1989; 17 SDR 170, effective May 13, 1991; 

transferred from §§ 74:26:06:05 and 74:26:07:03, 19 SDR 157, effective April 22, 1993; 21 SDR 

119, effective January 5, 1995; 25 SDR 123, effective April 4, 1999.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6.

74:36:06:04. Particulate emission restrictions for incinerators and waste wood burners.

An owner or operator may not cause or permit an incinerator or wood waste burner to emit a 

regulated air pollutant of a density greater than that designated as 20 percent opacity. No other 

emission limits apply to these sources except those in chapters 74:36:07 and 74:36:08.

Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from 

§ 34:10:06:01, 7 SDR 4, effective July 27, 1980; transferred from § 44:10:06:01, effective July 1, 

1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 16 SDR 88, effective November 14, 1989; 

17 SDR 170, effective May 13, 1991; transferred from § 74:26:06:01, 19 SDR 157, effective April

22, 1993; 31 SDR 101, effective January 2, 2005.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6.
74:36:06:05. Most stringent interpretation applicable. If the nature of any unit or the 

design of any equipment permits more than one interpretation of the limits of this chapter, the 

interpretation that results in the most stringent value for the allowable emissions shall apply.

Source: SL 1975, ch 16, §1; 2 SDR 40, effective December 7, 1975; transferred from 

§ 34:10:06:10, 7 SDR 4, effective July 27, 1980; transferred from § 44:10:06:07, effective July 1, 

1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 17 SDR 170, effective May 13, 1991; 

transferred from § 74:26:06:07, 19 SDR 157, effective April 22, 1993.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6.

74:36:06:06. Stack performance test. A unit subject to this chapter must follow the 

requirements in chapter 74:36:11 for stack performance tests. A stack performance test is required 

under the following conditions:

(1) A new unit or modification of an existing source with the potential to emit any of the 

regulated pollutants greater than 100 tons per year shall conduct a stack performance test to 

determine compliance with the applicable standard;

(2) A unit that emits any regulated pollutants may be required to conduct a stack 

performance test to determine compliance with all applicable emission standards upon renewal of a 

permit to operate or at the discretion of the secretary.

Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from 

§ 34:10:05:02, 7 SDR 4, effective July 27, 1980; transferred from § 44:10:05:02, effective July 1, 

1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; transferred from § 74:26:05:02, 19 SDR 

157, effective April 22, 1993; 31 SDR 101, effective January 2, 2005.

General Authority: SDCL 34A-1-6, 34A-1-12.

Law Implemented: SDCL 34A-1-12.

74:36:06:07. Open burning practices prohibited. The following open burning practices 

are prohibited:

(1) A person may not burn waste oils, rubber, waste tires, tarpaper, or asphalt shingles. For 

the purposes of this subdivision, waste oil means any oil that has been refined from crude oil, used, 

or contaminated by physical or chemical impurities. An exception for crude oil is allowed as a 

remediation alternative for soils contaminated with crude oil if a person submits the information 

requested in § 74:10:05:11.04 and the secretary approves the alternative remediation process;

(2) A municipality or county governmental agency may not burn municipal solid waste 

unless exempted by the small town exemption in accordance with § 74:27:12:25;

(3) A person may not conduct or permit the operation of a salvage operation by open 

burning, except as allowed in article 74:27; and

(4) A person may not burn railroad ties or wood treated with inorganic arsenicals, 

pentacholorophenol, or creosols.
Open burning of any other material must be conducted in accordance with all applicable 

local ordinances and state laws and rules.

Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from 

§§ 34:10:04:02 and 34:10:04:08, 7 SDR 4, effective July 27, 1980; transferred from 

§§ 44:10:04:02 and 44:10:04:08, effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective July 

1, 1987; 17 SDR 170, effective May 13, 1991; transferred from §§ 74:26:04:02 and 74:26:04:08, 

19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; transferred from 

§ 74:36:15:01, 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999.

General Authority: SDCL 34A-1-6, 34A-1-18.

Law Implemented: SDCL 34A-1-18.

Cross-References: Promulgation of rules -- Factors for consideration -- Scope -- Open 

burning, SDCL 34A-6-1.6; Open burning restrictions, § 74:27:13:11.

CHAPTER 74:36:07

NEW SOURCE PERFORMANCE STANDARDS

Section

74:36:07:01 New source performance standards.

74:36:07:02 Standards of performance for fossil fuel-fired steam generators.

74:36:07:03 Standards of performance for electric utility steam generators.

74:36:07:04 Standards of performance for industrial, commercial, and institutional steam 

generating units.

74:36:07:05 Standards of performance for small industrial, commercial, and institutional steam 

generating units.

74:36:07:06 Standards of performance for incinerators.

74:36:07:06.01 Standards of performance for hospital/medical/infectious waste incinerators 

constructed on or before June 20, 1996.

74:36:07:06.02 Standards of performance for hospital/medical/infectious waste incinerators for 

which construction is commenced after June 20, 1996.

74:36:07:07 Standards of performance for municipal waste combustors.

74:36:07:07.01 Standards of performance for municipal combustors constructed after September 

20, 1994.

74:36:07:08 Ash disposal requirements.

74:36:07:09 Standards of performance for portland cement plants.

74:36:07:10 Standards of performance for asphalt concrete plants.

74:36:07:11 Repealed.

74:36:07:12 Standards of performance for storage vessels of petroleum liquids constructed 

after June 11, 1973, and before May 19, 1978.

74:36:07:13 Standards of performance for storage vessels of petroleum liquids constructed 

after May 18, 1978, and before July 24, 1984.

74:36:07:14 Standards of performance for volatile organic liquid storage vessels (including 

petroleum liquid storage vessels) for which construction, reconstruction, or 

modification commenced after July 23, 1984.

74:36:07:15 Standards of performance for sewage treatment plants.
74:36:07:16 Standards of performance for coal preparation plants.

74:36:07:17 Standards of performance for grain elevators.

74:36:07:18 Standards of performance for stationary gas turbines.

74:36:07:19 Standards of performance for lime manufacturing plants.

74:36:07:20 Standards of performance for metallic mineral processing plants.

74:36:07:21 Standards of performance for pressure-sensitive tape and label surface coating 

operations.

74:36:07:22 Standards of performance for equipment leaks of VOC in the synthetic organic 

chemicals manufacturing industry.

74:36:07:22.01 Standards of performance for equipment leaks of VOC in the synthetic organic 

chemicals manufacturing industry for which construction, reconstruction, or 

modification commenced after November 7, 2006.

74:36:07:23 Standards of performance for bulk gasoline terminals.

74:36:07:24 Standards of performance for new residential wood heaters.

74:36:07:25 Standards of performance for petroleum dry cleaners.

74:36:07:26 Standards of performance for VOC emissions from synthetic organic chemical 

manufacturing industry (SOCMI) distillation operations.

74:36:07:27 Standards of performance for nonmetallic mineral processing plants.

74:36:07:28 Standards of performance for magnetic tape coating facilities.

74:36:07:29 Operating requirements for wire reclamation furnaces.

74:36:07:30 Monitoring requirements for wire reclamation furnaces.

74:36:07:31 Standards of performance for graphic arts industry -- Publication rotogravure 

printing.

74:36:07:32 Standards of performance for volatile organic compound emissions from synthetic 

organic chemical manufacturing industry (SOCMI) reactor processes.

74:36:07:33 Standards of performance for calciners and dryers in mineral industries.

74:36:07:34 Existing municipal solid waste landfill.

74:36:07:35 Plan submittal by existing municipal solid waste landfills.

74:36:07:36 Collection system.

74:36:07:37 Control system.

74:36:07:38 Compliance schedule for existing municipal solid waste landfills.

74:36:07:39 Existing municipal solid waste landfill operational standards for collection and 

control systems.

74:36:07:40 Existing municipal solid waste landfill compliance provisions.

74:36:07:41 Existing municipal solid waste landfill monitoring provisions.

74:36:07:42 Existing municipal solid waste landfill reporting and recordkeeping.

74:36:07:42.01 Additional reporting for existing municipal solid waste landfills.

74:36:07:43 Standards of performance for new municipal solid waste landfills.

74:36:07:44 Standards of performance for nitric acid plants.

74:36:07:45 Standards of performance for sulfuric acid plants.

74:36:07:46 Standards of performance for petroleum refineries.

74:36:07:46.01 Standards of performance for petroleum refineries for which construction, 

reconstruction, or modification commenced after May 14, 2007.

74:36:07:47 Standards of performance for secondary lead smelters.

74:36:07:48 Standards of performance for secondary brass and bronze production plants.

74:36:07:49 Standards of performance for primary emissions from basic oxygen process 

furnaces for which construction commenced after June 11, 1973.
74:36:07:50 Standards of performance for secondary emissions from basic oxygen process 

steelmaking facilities for which construction commenced after January 20, 

1983.

74:36:07:51 Standards of performance for primary copper smelter.

74:36:07:52 Standards of performance for primary zinc smelter.

74:36:07:53 Standards of performance for primary lead smelter.

74:36:07:54 Standards of performance for primary aluminum reduction plant.

74:36:07:55 Standards of performance for wet-process phosphoric acid plant.

74:36:07:56 Standards of performance for superphosphoric acid plant.

74:36:07:57 Standards of performance for diammonium phosphate plant.

74:36:07:58 Standards of performance for triple superphosphate plant.

74:36:07:59 Standards of performance for granular triple superphosphate storage facility.

74:36:07:60 Standards of performance for ferroalloy production plant.

74:36:07:61 Standards of performance for electric arc furnaces and argon-oxygen 

decarburization vessels constructed after August 17, 1983.

74:36:07:62 Standards of performance for kraft pulp mills.

74:36:07:63 Standards of performance for glass manufacturing plant.

74:36:07:64 Standards of performance for surface coating of metal furniture.

74:36:07:65 Standards of performance for lead-acid battery manufacturing plant.

74:36:07:66 Standards of performance for automobile and light duty truck surface coating 

operations.

74:36:07:67 Standards of performance for phosphate rock plants.

74:36:07:68 Standards of performance for ammonium sulfate manufacture.

74:36:07:69 Standards of performance for industrial surface coating -- Large appliances.

74:36:07:70 Standards of performance for metal coil surface coating.

74:36:07:71 Standards of performance for asphalt processing and asphalt roofing manufacture.

74:36:07:72 Standards of performance for beverage can surface coating industry.

74:36:07:73 Standards of performance for rubber tire manufacturing industry.

74:36:07:74 Standards of performance for volatile organic compound emissions from polymer 

manufacturing industry.

74:36:07:75 Standards of performance for flexible vinyl and urethane coating and printing.

74:36:07:76 Standards of performance for equipment leaks of VOC in petroleum refineries.

74:36:07:76.01 Standards of performance for equipment leaks of VOC in petroleum refineries.

74:36:07:77 Standards of performance for synthetic fiber production facility.

74:36:07:78 Standards of performance for VOC emissions from synthetic organic chemical 

manufacturing industry air oxidation unit process.

74:36:07:79 Standards of performance for equipment leaks of VOC from onshore natural gas 

processing plant.

74:36:07:80 Standards of performance for onshore natural gas processing.

74:36:07:81 Standards of performance for wool fiberglass insulation manufacturing plant.

74:36:07:82 Standards of performance for VOC emissions from petroleum refinery wastewater 

system.

74:36:07:83 Standards of performance for industrial surface coating -- Surface coating of 

plastic parts for business machines.

74:36:07:84 Standards of performance for polymeric coating of supporting substrates facility.

74:36:07:85 Standards of performance for small municipal waste combustion units for which 

construction commenced after August 30, 1999, or modification or 

reconstruction commenced after June 6, 2001.
74:36:07:86 Standards of performance for commercial and industrial solid waste incineration 

units for which construction commenced after November 30, 1999, or 

modification or reconstruction commenced on or after June 1, 2001.

74:36:07:87 Standards of performance for other solid waste incineration units for which 

construction commenced after December 9, 2004, or modification or 

reconstruction commenced on or after June 16, 2006.

74:36:07:88 Standards of performance for stationary compression ignition internal combustion 

engines.

74:36:07:89 Standards of performance for stationary combustion turbines.

74:36:07:90 Standards of performance for stationary spark ignition internal combustion 

engines.

74:36:07:91 Standards of performance for nitric acid plants for which construction, 

reconstruction, or modification commenced after October 14, 2011.

74:36:07:92 Standards of performance for new sewage sludge incineration units.

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

performance standards are those in 40 C.F.R. §§ 60.1 to 60.19, inclusive, (July 1, 2012). For the 

purposes of this chapter, "administrator" means the secretary, except for those authorities that

cannot be delegated to the state, in which case "administrator" means both the administrator of the 

Environmental Protection Agency and the secretary.

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

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

April 22, 1993; 21 SDR 119, effective January 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; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:02. Standards of performance for fossil fuel-fired steam generators. The 

standards of performance for fossil fuel-fired steam generators are those in 40 C.F.R. §§ 60.40 to 

60.46, inclusive, (July 1, 2012).

Source: 14 SDR 72, effective November 24, 1987; 17 SDR 170, effective May 13, 1991; 

transferred from § 74:26:09:07, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective 

January 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; 36 SDR 207, effective June 28, 

2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:03. Standards of performance for electric utility steam generators. The 

standards of performance for electric utility steam generators are those in 40 C.F.R. § 60, Subpart

Da (July 1, 2012).
Source: 14 SDR 72, effective November 24, 1987; 17 SDR 170, effective May 13, 1991; 

transferred from § 74:26:10:15, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective 

January 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; 36 SDR 207, effective June 28, 

2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:04. Standards of performance for industrial, commercial, and institutional 

steam generating units. The standards of performance for industrial, commercial, and institutional 

steam generating units are those in 40 C.F.R. §§ 60.40b to 60.49b, inclusive, (July 1, 2012).

Source: 16 SDR 88, effective November 14, 1989; 17 SDR 170, effective May 13, 1991; 

transferred from § 74:26:24:01, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective 

January 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; 36 SDR 207, effective June 28, 

2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:05. Standards of performance for small industrial, commercial, and 

institutional steam generating units. The standards of performance for small industrial, 

commercial, and institutional steam generating units are those in 40 C.F.R. §§ 60.40c to 60.48c, 

inclusive, (July 1, 2012). A source that operates a unit subject to 40 C.F.R. §§ 60.40c to 60.48c, 

inclusive, (July 1, 2012) is exempt from the obligation to obtain a Part 70 operating permit, if the 

source burns solely natural gas or propane and is not required to obtain a Part 70 operating permit 

for a reason other than the source is subject to 40 C.F.R. §§ 60.40c to 60.48c, inclusive, (July 1, 

2012). Exempted sources must still meet the applicable requirements in 40 C.F.R. §§ 60.40c to 

60.48c, inclusive, (July 1, 2012).

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 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; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:06. Standards of performance for incinerators. The standards of performance 

for incinerators are those in 40 C.F.R. §§ 60.50 to 60.54, inclusive, (July 1, 2012).

Source: 14 SDR 72, effective November 24, 1987; 17 SDR 170, effective May 13, 1991; 

transferred from § 74:26:11:06, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective 

January 5, 1995; 23 SDR 106, effective December 29, 1996; 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; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 

2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:06.01. Standards of performance for hospital/medical/infectious waste 

incinerators constructed on or before June 20, 1996. 40 C.F.R. Part 60, Subpart Ce (July 1, 

2012), is incorporated into this rule by reference. Designated facilities under Subpart Ce shall 

comply with the requirements for state plan approval in 40 C.F.R. §§ 60.32e to 60.38e, inclusive, 

(July 1, 2012).

The owner or operator of a hospital/medical/infectious waste incinerator constructed on or 

before June 20, 1996, that decides to cease operation shall notify the department within six months 

of EPA's approval of the state plan for hospital/medical/infectious waste incinerators. The written 

notification shall inform the department of when the unit will be shutdown. The shutdown date 

may not exceed one year after EPA's approval of the state plan for hospital/medical/infectious 

waste incinerators.

The owner or operator of a hospital/medical/infectious waste incinerator constructed on or 

before June 20, 1996, that decides to comply with the requirements of this section shall submit a 

compliance plan within six months of state plan approval that meets the following deadlines:

(1) Submit a Part 70 operating permit application and design drawings of the air pollution 

control device to the department within one year of state plan approval;

(2) Submit a copy of the purchase order or other documentation indicating an order has been 

placed for the major components of the air pollution control device within 15 months of state plan 

approval;

(3) Begin initiation of site preparation for installation of the air pollution control device 

within 2 years after state plan approval;

(4) Complete installation of the air pollution control device within 30 months after state plan 

approval; and

(5) Conduct a performance test within 33 months after state plan approval.

The owner or operator shall comply with 40 C.F.R. §§ 60.34e and 60.36e (July 1, 2012) 

within one year after state plan approval. The owner or operator shall comply with the remaining 

requirements in this section within three years after state plan approval or by September 15, 2002, 

whichever is earlier.

Source: 25 SDR 123, effective April 4, 1999; 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; 36 SDR 207, effective June 28, 2010; 39 

SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.
74:36:07:06.02. Standards of performance for hospital/medical/infectious waste 

incinerators for which construction is commenced after June 20, 1996. The standards of 

performance for hospital/medical/infectious waste incinerators constructed after June 20, 1996, are 

those in 40 C.F.R. §§ 60.50c to 60.58c (July 1, 2012).

Source: 25 SDR 123, effective April 4, 1999; 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; 36 SDR 207, effective June 28, 2010; 39 

SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:07. Standards of performance for municipal waste combustors. The standards 

of performance for municipal waste combustors are those in 40 C.F.R. §§ 60.50a to 60.59a, 

inclusive, (July 1, 2012).

Source: 17 SDR 69, effective November 22, 1990; 17 SDR 170, effective May 13, 1991; 18 

SDR 90, effective November 24, 1991; transferred from § 74:26:26:01, 19 SDR 157, effective 

April 22, 1993; 21 SDR 119, effective January 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; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:07.01. Standards of performance for municipal combustors constructed after 

September 20, 1994. The standards of performance for municipal waste combustors constructed 

after September 20, 1994, or modified or reconstructed after June 19, 1996, are those in 40 C.F.R. 

§§ 60.50b to 60.59b, inclusive, (July 1, 2012).

Source: 23 SDR 106, effective December 29. 1996; 25 SDR 123, effective April 4, 1999; 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; 36 

SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:08. Ash disposal requirements. All ash generated at a municipal waste 

combustor must be disposed of in accordance with article 74:27.

Source: 17 SDR 69, effective November 22, 1990; transferred from § 74:26:26:02, 19 SDR 

157, effective April 22, 1993; 23 SDR 106, effective December 29, 1996.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.
74:36:07:09. Standards of performance for portland cement plants. The standards of 

performance for portland cement plants are those in 40 C.F.R. §§ 60.60 to 60.66, inclusive, (July 1, 

2012).

Source: 14 SDR 72, effective November 24, 1987; 17 SDR 170, effective May 13, 1991; 

transferred from § 74:26:12:06, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective 

January 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; 36 SDR 207, effective June 28, 

2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:10. Standards of performance for asphalt concrete plants. The standards of 

performance for asphalt concrete plants are those in 40 C.F.R. §§ 60.90 to 60.93, inclusive, (July 1, 

2012).

Source: 14 SDR 72, effective November 24, 1987; 17 SDR 170, effective May 13, 1991; 

transferred from § 74:26:13:05, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective 

January 5, 1995; 23 SDR 106, effective December 29, 1996; 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; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 

2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:11. Additional permit requirements for asphalt plants. Repealed.

Source: 7SDR 4, effective July 27, 1980; transferred from § 44:10:01:29, effective July 1, 

1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; transferred from § 74:26:01:29, 19 SDR 

157, effective April 22, 1993; repealed, 25 SDR 123, effective April 4, 1999.

74:36:07:12. Standards of performance for storage vessels of petroleum liquids 

constructed after June 11, 1973, and before May 19, 1978. The standards of performance for 

storage vessels of petroleum liquids constructed after June 11, 1973, and before May 19, 1978, are 

those in 40 C.F.R. §§ 60.110 to 60.113, inclusive, (July 1, 2012). A source that operates a unit 

subject to 40 C.F.R. §§ 60.110 to 60.113, inclusive, (July 1, 2012) is exempt from the obligation to 

obtain a Part 70 operating permit if the unit is not required to install controls and if the source is 

not required to obtain a Part 70 operating permit for a reason other than the source is subject to 40 

C.F.R. §§ 60.110 to 60.113, inclusive, (July 1, 2012). Exempted sources must still meet the 

applicable requirements in 40 C.F.R. §§ 60.110 to 60.113, inclusive, (July 1, 2012).

Source: 14 SDR 72, effective November 24, 1987; 17 SDR 170, effective May 13, 1991; 

transferred from § 74:26:14:05, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective 

January 5, 1995; 23 SDR 106, effective December 29, 1996; 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; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 

2013.
General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:13. Standards of performance for storage vessels of petroleum liquids 

constructed after May 18, 1978, and before July 24, 1984. The standards of performance for 

storage vessels of petroleum liquids constructed after May 18, 1978, and before July 24, 1984, are 

those in 40 C.F.R. §§ 60.110a to 60.115a, inclusive, (July 1, 2012). A source that operates a unit 

subject to 40 C.F.R. §§ 60.110a to 60.115a, inclusive, (July 1, 2012) is exempt from the obligation 

to obtain a Part 70 operating permit if the unit is not required to install controls and if the source is

not required to obtain a Part 70 operating permit for a reason other than the source is subject to 40 

C.F.R. §§ 60.110a to 60.115a, inclusive, (July 1, 2012). Exempted sources must still meet the 

applicable requirements in 40 C.F.R. §§ 60.110a to 60.115a, inclusive, (July 1, 2012).

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

1989; 17 SDR 170, effective May 13, 1991; transferred from § 74:26:20:19, 19 SDR 157, effective 

April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 

1996; 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; 36 SDR 207, effective June 28, 

2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:14. Standards of performance for volatile organic liquid storage vessels 

(including petroleum liquid storage vessels) for which construction, reconstruction, or 

modification commenced after July 23, 1984. The standards of performance for volatile organic 

liquid storage vessels (including petroleum liquid storage vessels) for which construction, 

reconstruction, or modification commenced after July 23, 1984, are those in 40 C.F.R. §§ 60.110b 

to 60.117b, inclusive, (July 1, 2012). A source that operates a unit subject to 40 C.F.R. §§ 60.110b 

to 60.117b, inclusive, (July 1, 2012) is exempt from the obligation to obtain a Part 70 operating 

permit if the unit is not required to install controls and if the source is not required to obtain a Part 

70 operating permit for a reason other than the source is subject to 40 C.F.R. §§ 60.110b to 

60.117b, inclusive, (July 1, 2012). Exempted sources must still meet the applicable requirements in 

40 C.F.R. §§ 60.110b to 60.117b, inclusive, (July 1, 2012).

Source: 16 SDR 88, effective November 14, 1989; 17 SDR 170, effective May 13, 1991; 

transferred from § 74:26:25:01, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective 

January 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; 36 SDR 207, effective June 28, 

2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:15. Standards of performance for sewage treatment plants. The standards of 

performance for sewage treatment plants are those in 40 C.F.R. §§ 60.150 to 60.156, inclusive, 

(July 1, 2012).
Source: 14 SDR 72, effective November 24, 1987; 17 SDR 170, effective May 13, 1991; 

transferred from § 74:26:15:06, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective 

January 5, 1995; 23 SDR 106, effective December 29, 1996; 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; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 

2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:16. Standards of performance for coal preparation plants. The standards of 

performance for coal preparation plants are those in 40 C.F.R. § 60, Subpart Y (July 1, 2012).

Source: 14 SDR 72, effective November 24, 1987; 17 SDR 170, effective May 13, 1991; 

transferred from § 74:26:16:06, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective 

January 5, 1995; 23 SDR 106, effective December 29, 1996; 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; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 

2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:17. Standards of performance for grain elevators. The standards of 

performance for grain elevators are those in 40 C.F.R. §§ 60.300 to 60.304, inclusive, (July 1, 

2012). A source subject to 40 C.F.R. §§ 60.300 to 60.304, inclusive, (July 1, 2012) is exempt from 

the obligation to obtain a Part 70 operating permit if the source is not required to obtain a Part 70 

operating permit for a reason other than the source is subject to 40 C.F.R. §§ 60.300 to 60.304, 

inclusive, (July 1, 2012). Exempted sources must still meet the applicable requirements in 40 

C.F.R. § 60.300 to 60.304, inclusive, (July 1, 2012).

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

1989; 17 SDR 170, effective May 13, 1991; transferred from § 74:26:17:06, 19 SDR 157, effective 

April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 

1996; 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; 36 SDR 207, effective June 28, 

2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:18. Standards of performance for stationary gas turbines. The standards of 

performance for stationary gas turbines are those in 40 C.F.R. §§ 60.330 to 60.335, inclusive, (July 

1, 2012).

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

1989; 17 SDR 170, effective May 13, 1991; transferred from § 74:26:19:07, 19 SDR 157, effective 

April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 

1996; 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; 36 SDR 207, effective June 28, 

2010; 39 SDR 219, effective June 25, 2013.
General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:19. Standards of performance for lime manufacturing plants. The standards of 

performance for lime manufacturing plants are those in 40 C.F.R. §§ 60.340 to 60.344, inclusive, 

(July 1, 2012).

Source: 14 SDR 72, effective November 24, 1987; 17 SDR 170, effective May 13, 1991; 

transferred from § 74:26:18:10, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective 

January 5, 1995; 23 SDR 106, effective December 29, 1996; 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; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 

2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:20. Standards of performance for metallic mineral processing plants. The 

standards of performance for metallic mineral processing plants are those in 40 C.F.R. §§ 60.380 

to 60.386, inclusive, (July 1, 2012).

Source: 11 SDR 151, effective May 12, 1985; 13 SDR 129, 13 SDR 141, effective July 1, 

1987; 14 SDR 72, effective November 24, 1987; 17 SDR 170, effective May 13, 1991; transferred 

from § 74:26:21:02, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 

23 SDR 106, effective December 29, 1996; 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; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:21. Standards of performance for pressure-sensitive tape and label surface 

coating operations. The standards of performance for pressure-sensitive tape and label surface 

coating operations are those in 40 C.F.R. §§ 60.440 to 60.447, inclusive, (July 1, 2012).

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 

SDR 106, effective December 29, 1996; 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; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:22. Standards of performance for equipment leaks of VOC in the synthetic 

organic chemicals manufacturing industry. The standards of performance for equipment leaks 

of VOC in the synthetic organic chemicals manufacturing industry are those in 40 C.F.R. 

§§ 60.480 to 60.489, inclusive, (July 1, 2012).

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 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; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:22.01. Standards of performance for equipment leaks of VOC in the synthetic 

organic chemicals manufacturing industry for which construction, reconstruction, or 

modification commenced after November 7, 2006. The standards of performance for equipment 

leaks of VOC in the synthetic organic chemicals manufacturing industry, for which construction, 

reconstruction, or modification commenced after November 7, 2006, are those in 40 C.F.R. § 60, 

Subpart VVa (July 1, 2012).

Source: 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:23. Standards of performance for bulk gasoline terminals. The standards of 

performance for bulk gasoline terminals are those in 40 C.F.R. §§ 60.500 to 60.506, inclusive, 

(July 1, 2012).

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 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; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:24. Standards of performance for new residential wood heaters. The standards 

of performance for new residential wood heaters are those in 40 C.F.R. §§ 60.530 to 60.539b, 

inclusive, (July 1, 2012).

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 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; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:25. Standards of performance for petroleum dry cleaners. The standards of 

performance for petroleum dry cleaners are those in 40 C.F.R. §§ 60.620 to 60.625, inclusive, (July 

1, 2012). A source subject to 40 C.F.R. §§ 60.620 to 60.625, inclusive, (July 1, 2012) is exempt 

from the obligation to obtain a Part 70 operating permit if the source is not required to obtain a Part 

70 operating permit for a reason other than the source is subject to 40 C.F.R. §§ 60.620 to 60.625, 

inclusive, (July 1, 2012). Exempted sources must still meet the applicable requirements in 40 

C.F.R. §§ 60.620 to 60.625, inclusive, (July 1, 2012).
Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 

SDR 106, effective December 29, 1996; 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; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:26. Standards of performance for VOC emissions from synthetic organic 

chemical manufacturing industry (SOCMI) distillation operations. The standards of 

performance for VOC emissions from synthetic organic chemical manufacturing industry (SOCMI)

distillation operations are those in 40 C.F.R. §§ 60.660 to 60.668, inclusive, (July 1, 2012).

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 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; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:27. Standards of performance for nonmetallic mineral processing plants. The 

standards of performance for nonmetallic mineral processing plants are those in 40 C.F.R. 

§§ 60.670 to 60.676, inclusive, (July 1, 2012).

Source: 12 SDR 183, effective May 21, 1986; 13 SDR 129, 13 SDR 141, effective July 1, 

1987; 14 SDR 72, effective November 24, 1987; 17 SDR 170, effective May 13, 1991; transferred 

from § 74:26:23:02, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 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; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:28. Standards of performance for magnetic tape coating facilities. The 

standards of performance for magnetic tape coating facilities are those in 40 C.F.R. §§ 60.710 to 

60.718, inclusive, (July 1, 2012).

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 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; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.
74:36:07:29. Operating requirements for wire reclamation furnaces. New wire 

reclamation furnaces shall be equipped with a secondary chamber or afterburner which provides 

for turbulent mixing and a two-second residence time at 2200 degrees Fahrenheit or greater.

New wire reclamation furnaces shall meet applicable emission standards during all phases of 

operation, and the secondary combustion chamber or combustion zone temperature shall be 

maintained at required levels until waste is completely combusted.

Source: 19 SDR 157, effective April 22, 1993.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:30. Monitoring requirements for wire reclamation furnaces. An owner or 

operator of a new regulated wire reclamation furnace shall install, calibrate, operate, and maintain 

devices which continuously monitor and record the temperature of gases leaving the secondary or 

final combustion chamber. Such devices must have an accuracy of plus or minus 25 degrees 

Fahrenheit. Flames from the burners may not impact the temperature sensors.

Source: 19 SDR 157, effective April 22, 1993.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-11.

74:36:07:31. Standards of performance for graphic arts industry -- Publication 

rotogravure printing. The standards of performance for publication rotogravure printing in the 

graphic arts industry are those in 40 C.F.R. §§ 60.430 to 60.435, inclusive, (July 1, 2012).

Source: 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 1996; 

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; 36 SDR 207, effective June 28, 

2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:32. Standards of performance for volatile organic compound emissions from 

synthetic organic chemical manufacturing industry (SOCMI) reactor processes. The 

standards of performance for volatile organic compound emissions from synthetic organic 

chemical manufacturing industry reactor processes are those in 40 C.F.R. § 60, Subpart RRR (July 

1, 2012).

Source: 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; 36 SDR 207, effective June 28, 

2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.
74:36:07:33. Standards of performance for calciners and dryers in mineral industries.

The standards of performance for calciners and dryers in mineral industries are those in 40 C.F.R. 

§ 60, Subpart UUU (July 1, 2012).

Source: 23 SDR 106, effective December 29, 1996; 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; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 

2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:34. Existing municipal solid waste landfill. The owner or operator of an existing 

municipal solid waste landfill that meets the following conditions shall comply with 

§§ 74:36:07:35 to 74:36:07:42, inclusive:

(1) The landfill has accepted waste at any time since November 8, 1987, or has additional 

design capacity available for future waste deposition;

(2) The landfill has a design capacity greater than or equal to 2.5 million megagrams and 2.5 

million cubic meters. The landfill may calculate design capacity either in megagrams or cubic 

meters. Density conversions must be documented and submitted with the report; and

(3) The landfill has a nonmethane organic compound emission rate of 50 megagrams a year 

or more. The calculation of the landfill nonmethane organic compound emission rate must meet 

the requirements of 40 C.F.R. § 60.754 (July 1, 2012), to determine the landfill nonmethane 

organic compound emission rate.

Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999; 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; 36 

SDR 209, effective June 28, 2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:35. Plan submittal by existing municipal solid waste landfills. The owner or 

operator of an existing municipal solid waste landfill that meets the requirements of § 74:36:07:34 

shall submit a plan within one year of the first annual report showing the nonmethane organic 

compound emissions equal or exceed 50 megagrams a year. The plan must be prepared by a 

professional engineer and contain a collection and control system and a compliance schedule that 

meets § 74:36:07:38. The plan must be approved by the department in accordance with 

§§ 74:36:07:36 to 74:36:07:38, inclusive.

Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.
74:36:07:36. Collection system. The department shall approve the collection and control 

system plan if it is equivalent to or meets the conditions provided in 40 C.F.R. § 60.752(b)(2)(ii) 

(July 1, 2012), and the control requirements in § 74:36:07:37.

Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999; 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; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:37. Control system. The department shall approve the control system if it is 

equivalent to or meets one of the following requirements:

(1) An open flare designed and operated in accordance with the parameters established in 40 

C.F.R. § 60.18 (July 1, 2012);

(2) A control system designed and operated to reduce nonmethane organic compounds by 98 

percent by weight; or

(3) An enclosed combustor designed and operated to either reduce nonmethane organic

compounds by 98 percent by weight or the outlet nonmethane organic compound concentration to 

20 parts per million as hexane by volume, dry basis at three percent oxygen, or less.

Source: 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; 36 SDR 207, effective June 28, 

2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:38. Compliance schedule for existing municipal solid waste landfills. The 

owner or operator of an existing municipal solid waste landfill that meets the requirements of 

§ 74:36:07:34 must meet the following compliance dates:

(1) Award contracts within 15 months of the first annual report showing the nonmethane 

organic compound emissions equal or exceed 50 megagrams a year;

(2) Begin construction within 18 months of the first annual report showing the nonmethane 

organic compound emissions equal or exceed 50 megagrams a year;

(3) Complete construction within 30 months of the first annual report showing the 

nonmethane organic compound emissions equal or exceed 50 megagrams a year; and

(4) Demonstrate compliance with all applicable requirements within 180 days of completing 

construction.

Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999.
General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:39. Existing municipal solid waste landfill operational standards for 

collection and control systems. The owner or operator of an existing municipal solid waste 

landfill that meets the requirements of § 74:36:07:34 shall meet the operational standards for 

collection and control systems in 40 C.F.R. § 60.753 (July 1, 2012).

Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999; 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; 36 

SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:40. Existing municipal solid waste landfill compliance provisions. The owner 

or operator of an existing municipal solid waste landfill that meets the requirements of 

§ 74:36:07:34 shall meet the compliance provisions in 40 C.F.R. § 60.755 (July 1, 2012).

Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999; 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; 36 

SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:41. Existing municipal solid waste landfill monitoring provisions. The owner 

or operator of an existing municipal solid waste landfill that meets the requirements of 

§ 74:36:07:34 shall meet the monitoring provisions in 40 C.F.R. § 60.756 (July 1, 2012).

Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999; 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; 36 

SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:42. Existing municipal solid waste landfill reporting and recordkeeping. The 

owner or operator of an existing municipal solid waste landfill that meets the requirements of 

§ 74:36:07:34 shall meet the reporting and recordkeeping requirements specified in 40 C.F.R. 

§§ 60.757 and 60.758 (July 1, 2012).

Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999; 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; 36 

SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.
74:36:07:42.01. Additional reporting for existing municipal solid waste landfills. The 

owner or operator of an existing municipal solid waste landfill that meets the requirements of 

subdivisions 74:36:07:34(1) and (2) shall submit an initial nonmethane organic compound 

emission rate report within 90 days of the effective date of EPA's approval of the state's § 111(d) 

plan required in the Clean Air Act and annually or every five years thereafter in accordance with 40 

C.F.R. § 60.757(b) (July 1, 2012).

Source: 25 SDR 123, effective April 4, 1999; 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; 36 SDR 207, effective June 28, 2010; 39 

SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18

74:36:07:43. Standards of performance for new municipal solid waste landfills. The 

standards of performance for municipal solid waste landfills that commenced construction, 

reconstruction, or modification on or after May 29, 1991, are those in 40 C.F.R. §§ 60.751 to 

60.759, inclusive, (July 1, 2012). Physical or operational changes made to existing municipal solid 

waste landfills solely to comply with §§ 74:36:07:34 to 74:36:07:42, inclusive, or activities 

required by or conducted pursuant to a CERCLA, RCRA, or state remedial action are not 

considered construction, reconstruction, or modification for purposes of this section.

Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999; 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; 36 

SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:44. Standards of performance for nitric acid plants. The standards of 

performance for nitric acid plants are those in 40 C.F.R. §§ 60.70 to 60.74, inclusive, (July 1, 

2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:45. Standards of performance for sulfuric acid plants. The standards of 

performance for sulfuric acid plants are those in 40 C.F.R. §§ 60.80 to 60.85, inclusive, (July 1, 

2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.
74:36:07:46. Standards of performance for petroleum refineries. The standards of 

performance for petroleum refineries are those in 40 C.F.R. § 60, Subpart J (July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:46.01. Standards of performance for petroleum refineries for which 

construction, reconstruction, or modification commenced after May 14, 2007. The standards 

of performance for petroleum refineries for which construction, reconstruction, or modification 

commenced after May 14, 2007, are those in 40 C.F.R. § 60, Subpart Ja, (July 1, 2012).

Source: 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:47. Standards of performance for secondary lead smelters. The standards of 

performance for secondary lead smelters are those in 40 C.F.R. §§ 60.120 to 60.123, inclusive, 

(July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:48. Standards of performance for secondary brass and bronze production 

plants. The standards of performance for secondary brass and bronze production plants are those 

in 40 C.F.R. §§ 60.130 to 60.133, inclusive, (July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:49. Standards of performance for primary emissions from basic oxygen 

process furnaces for which construction commenced after June 11, 1973. The standards of 

performance for basic oxygen process furnaces are those in 40 C.F.R. §§ 60.140 to 60.144, 

inclusive, (July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:50. Standards of performance for secondary emissions from basic oxygen 

process steelmaking facilities for which construction commenced after January 20, 1983. The 
standards of performance for basic oxygen process steelmaking facilities are those in 40 C.F.R. 

§§ 60.140a to 60.145a, inclusive, (July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:51. Standards of performance for primary copper smelter. The standards of 

performance for primary copper smelters are those in 40 C.F.R. §§ 60.160 to 60.166, inclusive, 

(July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:52. Standards of performance for primary zinc smelter. The standards of 

performance for primary zinc smelters are those in 40 C.F.R. §§ 60.170 to 60.176, inclusive, (July 

1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:53. Standards of performance for primary lead smelter. The standards of 

performance for primary lead smelters are those in 40 C.F.R. §§ 60.180 to 60.186, inclusive, (July 

1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:54. Standards of performance for primary aluminum reduction plant. The 

standards of performance for primary aluminum reduction plants are those in 40 C.F.R. §§ 60.190 

to 60.195, inclusive, (July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:55. Standards of performance for wet-process phosphoric acid plant. The 

standards of performance for wet-process phosphoric acid plants are those in 40 C.F.R. §§ 60.200 

to 60.204, inclusive, (July 1, 2012).
Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:56. Standards of performance for superphosphoric acid plant. The standards 

of performance for superphosphoric acid plants are those in 40 C.F.R. §§ 60.210 to 60.214, 

inclusive, (July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:57. Standards of performance for diammonium phosphate plant. The 

standards of performance for diammonium phosphate plants are those in 40 C.F.R. §§ 60.220 to 

60.224, inclusive, (July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:58. Standards of performance for triple superphosphate plant. The standards 

of performance for triple superphosphate plants are those in 40 C.F.R. §§ 60.230 to 60.234, 

inclusive, (July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:59. Standards of performance for granular triple superphosphate storage 

facility. The standards of performance for granular triple superphosphate storage facilities are 

those in 40 C.F.R. §§ 60.240 to 60.244, inclusive, (July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:60. Standards of performance for ferroalloy production plant. The standards 

of performance for ferroalloy production plants are those in 40 C.F.R. §§ 60.260 to 60.266, 

inclusive, (July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.

74:36:07:61. Standards of performance for electric arc furnaces and argon-oxygen 

decarburization vessels constructed after August 17, 1983. The standards of performance for 

electric arc furnaces and argon-oxygen decarburization vessels are those in 40 C.F.R. §§ 60.270a to 

60.276a, inclusive, (July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:62. Standards of performance for kraft pulp mills. The standards of 

performance for kraft pulp mills are those in 40 C.F.R. §§ 60.280 to 60.285, inclusive, (July 1, 

2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:63. Standards of performance for glass manufacturing plant. The standards of 

performance for glass manufacturing plants are those in 40 C.F.R. §§ 60.290 to 60.296, inclusive, 

(July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:64. Standards of performance for surface coating of metal furniture. The 

standards of performance for surface coating of metal furniture are those in 40 C.F.R. §§ 60.310 to 

60.316, inclusive, (July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:65. Standards of performance for lead-acid battery manufacturing plant. The 

standards of performance for lead-acid battery manufacturing plants are those in 40 C.F.R. 

§§ 60.370 to 60.374, inclusive, (July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.
74:36:07:66. Standards of performance for automobile and light duty truck surface 

coating operations. The standards of performance for automobile and light duty truck surface 

coating operations are those in 40 C.F.R. §§ 60.390 to 60.398, inclusive, (July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 208, effective June 28, 2010; 39 SDR 

219, effective June 25,2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:67. Standards of performance for phosphate rock plants. The standards of 

performance for phosphate rock plants are those in 40 C.F.R. §§ 60.400 to 60.404, inclusive, (July 

1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:68. Standards of performance for ammonium sulfate manufacture. The 

standards of performance for ammonium sulfate manufacture are those in 40 C.F.R. §§ 60.420 to 

60.424, inclusive, (July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:69. Standards of performance for industrial surface coating -- Large 

appliances. The standards of performance for industrial surface coating of large appliances are 

those in 40 C.F.R. §§ 60.450 to 60.456, inclusive, (July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:70. Standards of performance for metal coil surface coating. The standards of 

performance for metal coil surface coating are those in 40 C.F.R. §§ 60.460 to 60.466, inclusive, 

(July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:71. Standards of performance for asphalt processing and asphalt roofing 

manufacture. The standards of performance for asphalt processing and asphalt roofing 

manufacture are those in 40 C.F.R. §§ 60.470 to 60.474, inclusive, (July 1, 2012).
Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:72. Standards of performance for beverage can surface coating industry. The 

standards of performance for beverage can surface coating industry are those in 40 C.F.R. 

§§ 60.490 to 60.496, inclusive, (July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:73. Standards of performance for rubber tire manufacturing industry. The 

standards of performance for rubber tire manufacturing industry are those in 40 C.F.R. §§ 60.540 

to 60.548, inclusive, (July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 1010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:74. Standards of performance for volatile organic compound emissions from 

polymer manufacturing industry. The standards of performance for polymer manufacturing 

industry are those in 40 C.F.R. §§ 60.560 to 60.566, inclusive, (July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:75. Standards of performance for flexible vinyl and urethane coating and 

printing. The standards of performance for flexible vinyl and urethane coating and printing are 

those in 40 C.F.R. §§ 60.580 to 60.585, inclusive, (July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:76. Standards of performance for equipment leaks of VOC in petroleum 

refineries. The standards of performance for equipment leaks in petroleum refineries are those in 

40 C.F.R. §§ 60.590 to 60.593, inclusive, (July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.
General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:76.01. Standards of performance for equipment leaks of VOC in petroleum 

refineries. The standards of performance for equipment leaks in petroleum refineries for which 

construction, reconstruction, or modification commenced after November 7, 2006, are those in 40 

C.F.R. § 60, Subpart GGGa, (July 1, 2012).

Source: 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:77. Standards of performance for synthetic fiber production facility. The 

standards of performance for synthetic fiber production facilities are those in 40 C.F.R. §§ 60.600 

to 60.604, inclusive, (July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:78. Standards of performance for VOC emissions from synthetic organic 

chemical manufacturing industry air oxidation unit process. The standards of performance for 

synthetic organic chemical manufacturing industry air oxidation unit processes are those in 40 

C.F.R. §§ 60.610 to 60.618, inclusive, (July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:79. Standards of performance for equipment leaks of VOC from onshore 

natural gas processing plant. The standards of performance for equipment leaks from onshore 

natural gas processing plants are those in 40 C.F.R. §§ 60.630 to 60.636, inclusive, (July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:80. Standards of performance for onshore natural gas processing. The 

standards of performance for onshore natural gas processing are those in 40 C.F.R. §§ 60.640 to 

60.648, inclusive, (July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.
74:36:07:81. Standards of performance for wool fiberglass insulation manufacturing 

plant. The standards of performance for wool fiberglass insulation manufacturing plants are those 

in 40 C.F.R. §§ 60.680 to 60.685, inclusive, (July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:82. Standards of performance for VOC emissions from petroleum refinery 

wastewater system. The standards of performance for petroleum refinery wastewater systems are 

those in 40 C.F.R. §§ 60.690 to 60.699, inclusive, (July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:83. Standards of performance for industrial surface coating -- Surface 

coating of plastic parts for business machines. The standards of performance for the surface 

coating of plastic parts for business machines are those in 40 C.F.R. §§ 60.720 to 60.726, 

inclusive, (July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:84. Standards of performance for polymeric coating of supporting substrates 

facility. The standards of performance for polymeric coating of supporting substrates facilities are 

those in 40 C.F.R. §§ 60.740 to 60.748, inclusive, (July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:85. Standards of performance for small municipal waste combustion units for 

which construction commenced after August 30, 1999, or modification or reconstruction 

commenced after June 6, 2001. The standards of performance for small municipal waste 

combustion units are those in 40 C.F.R. § 60, Subpart AAAA (July 1, 2012),

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.
74:36:07:86. Standards of performance for commercial or industrial solid waste 

incineration units for which construction commenced after November 30, 1999, or 

modification or reconstruction commenced on or after June 1, 2001. The standards of 

performance for commercial solid waste incineration units are those in 40 C.F.R. § 60, Subpart 

CCCC (July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:87. Standards of performance for other solid waste incineration units for 

which construction commenced after December 9, 2004, or modification or reconstruction 

commenced on or after June 16, 2006. The standards of performance for other solid waste 

incineration units are those in 40 C.F.R. § 60, Subpart EEEE (July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:88. Standards of performance for stationary compression ignition internal 

combustion engines. The standards of performance for stationary compression ignition internal 

combustion engines are those in 40 C.F.R. § 60, Subpart IIII (July 1, 2012). A source subject to 

Subpart IIII is exempt from the obligation to obtain a Part 70 operating permit if the source is not 

required to obtain a Part 70 operating permit for a reason other than the source is subject to Subpart 

IIII. Exempted sources must still meet the applicable requirements in Subpart IIII.

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:89. Standards of performance for stationary combustion turbines. The 

standards of performance for stationary combustion turbines are those in 40 C.F.R. §§ 60.4300 to 

60.4420, inclusive, (July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:90. Standards of performance for stationary spark ignition internal 

combustion engines. The standards of performance for stationary spark combustion engines are 

those in 40 C.F.R. § 60, Subpart JJJJ (July 1, 2012). A source subject to Subpart JJJJ is exempt 

from the obligation to obtain a Part 70 operating permit if the source is not required to obtain a Part 

70 operating permit for a reason other than the source is subject to Subpart JJJJ. Exempted sources 

must still meet the applicable requirements in Subpart JJJJ.
Source: 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:91. Standards of performance for nitric acid plants for which construction, 

reconstruction, or modification commenced after October 14, 2011. The standards of 

performance for nitric acid plants are those in 40 C.F.R. § 60, Subpart Ga (July 1, 2012).

Source: 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:92. Standards of performance for new sewage sludge incineration units. The 

standards of performance for new sewage sludge incineration units are those in 40 C.F.R. § 60, 

Subpart LLLL (July 1, 2012).

Source: 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

CHAPTER 74:36:08

NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS

Section

74:36:08:00 Administrator defined.

74:36:08:01 General provisions -- National emission standards for hazardous air pollutants.

74:36:08:02 Emission standards for asbestos air pollutants.

74:36:08:02.01 Emission standards for equipment leaks (fugitive emission sources) of benzene.

74:36:08:02.02 Emission standards for benzene emissions from benzene storage vessels.

74:36:08:02.03 Emission standards for benzene emissions from benzene transfer operations.

74:36:08:02.04 Emission standards for benzene waste operations.

74:36:08:03 General provisions -- National emission standards for hazardous air pollutants for 

source categories.

74:36:08:03.01 Requirements for control technology determinations for major sources in 

accordance with Clean Air Act sections 112(g) and 112(j).

74:36:08:04 National perchloroethylene air emission standards for dry cleaning facilities.

74:36:08:05 National emission standards for organic hazardous air pollutants from the 

synthetic organic chemical manufacturing industry.

74:36:08:06 National emission standards for organic hazardous air pollutants from synthetic 

organic chemical manufacturing industry process vents, storage vessels, 

transfer operations, and wastewater.

74:36:08:07 National emission standards for organic hazardous air pollutants for equipment 

leaks.

74:36:08:08 National emission standards for organic hazardous air pollutants for certain 

processes subject to negotiated regulations for equipment leaks.
74:36:08:09 National emission standards for chromium emissions from hard and decorative 

chromium electroplating and chromium anodizing tanks.

74:36:08:10 National emission standards for ethylene oxide emissions from sterilization 

facilities.

74:36:08:11 National emission standards for industrial process cooling towers.

74:36:08:12 National emission standards for gasoline distribution facilities (bulk gasoline 

terminals and pipeline breakout stations).

74:36:08:13 National emission standards for halogenated solvent cleaning.

74:36:08:14 National emission standards for wood furniture manufacturing operations.

74:36:08:15 National emission standards for aerospace manufacturing.

74:36:08:16 National emission standards for tanks.

74:36:08:17 National emission standards for containers.

74:36:08:18 National emission standards for surface impoundments.

74:36:08:19 National emission standards for individual drain systems.

74:36:08:20 National emission standards for oil-water separators and organic-water separators.

74:36:08:20.01 National emission standards for closed vent systems, control devices, recovery 

devices, and routing to a fuel gas system or a process.

74:36:08:20.02 National emission standards for equipment leaks.

74:36:08:21 National emission standards for hazardous air pollutants from the portland cement 

manufacturing industry.

74:36:08:22 National emission standards for hazardous air pollutants for pesticide active 

ingredient production.

74:36:08:23 National emission standards for the printing and publishing industry.

74:36:08:24 National emission standards for oil and natural gas production facilities.

74:36:08:25 National emission standards for natural gas transmission and storage facilities.

74:36:08:26 National emission standards for secondary aluminum production.

74:36:08:27 National emission standards for publicly owned treatment works.

74:36:08:28 National emission standards for solvent extraction for vegetable oil production.

74:36:08:29 National emission standards for paper and other web coating.

74:36:08:30 National emission standards for municipal solid waste landfills.

74:36:08:31 National emission standards for surface coating of metal furniture.

74:36:08:32 National emission standards for integrated iron and steel manufacturing facilities.

74:36:08:33 National emission standards for brick and structural clay products manufacturing.

74:36:08:34 National emission standards for asphalt processing and asphalt roofing 

manufacturing.

74:36:08:35 National emission standards for flexible polyurethane foam fabrication operations.

74:36:08:36 National emission standards for engine test cells/stands.

74:36:08:37 National emission standards for surface coating of miscellaneous metal parts and 

products.

74:36:08:38 National emission standards for reinforced plastic composites production.

74:36:08:39 National emission standards for stationary combustion turbines.

74:36:08:40 National emission standards for stationary reciprocating internal combustion 

engines.

74:36:08:41 National emission standards for industrial, commercial, and institutional boilers 

and process heaters.

74:36:08:42 National emission standards for polyvinyl chloride and copolymers production.

74:36:08:43 National emission standards for coke oven batteries.

74:36:08:44 National emission standards for pulp and paper industry.
74:36:08:45 National emission standards for group I polymers and resins.

74:36:08:46 National emission standards for epoxy resins production and non-nylon 

polyamides production.

74:36:08:47 National emission standards for secondary lead smelting.

74:36:08:48 National emission standards for phosphoric acid manufacturing plants.

74:36:08:49 National emission standards for phosphate fertilizers production plants.

74:36:08:50 National emission standards for petroleum refineries.

74:36:08:51 National emission standards for off-site waste and recovery operations.

74:36:08:52 National emission standards for magnetic tape manufacturing operations.

74:36:08:53 National emission standards for primary aluminum reduction plants.

74:36:08:54 National emission standards for chemical recovery combustion sources at kraft, 

soda, sulfite, and stand-alone semichemical pulp mills.

74:36:08:55 National emission standards for ethylene manufacturing process units -- Heat 

exchange systems and waste operations.

74:36:08:56 Generic maximum achievable control technology standards.

74:36:08:57 National emission standards for steel pickling -- HC1 process facilities and 

hydrochloric acid regeneration plants.

74:36:08:58 National emission standards for mineral wool production.

74:36:08:59 National emission standards for hazardous waste combustors.

74:36:08:60 National emission standards for pharmaceutical production.

74:36:08:61 National emission standards for group IV polymers and resins.

74:36:08:62 National emission standards for wool fiberglass production.

74:36:08:63 National emission standards for manufacture of amino/phenolic resins.

74:36:08:64 National emission standards for polyether polyols production.

74:36:08:65 National emission standards for primary copper smelting.

74:36:08:66 National emission standards for primary lead smelting.

74:36:08:67 National emission standards for petroleum refineries -- Catalytic cracking, 

catalytic reforming, and sulfur recovery units.

74:36:08:68 National emission standards for ferroalloy production -- Ferromanganese and 

silicomanganese.

74:36:08:69 National emission standards for the manufacture of nutritional yeast.

74:36:08:70 National emission standards for plywood and composite wood products.

74:36:08:71 National emission standards for non-gasoline organic liquids distribution.

74:36:08:72 National emission standards for miscellaneous organic chemical manufacturing.

74:36:08:73 National emission standards for wet-formed fiberglass mat production.

74:36:08:74 National emission standards for surface coating of automobiles and light duty 

trucks.

74:36:08:75 National emission standards for surface coating of metal cans.

74:36:08:76 National emission standards for surface coating of large appliances.

74:36:08:77 National emission standards for printing, coating, and dyeing of fabrics and other 

textiles.

74:36:08:78 National emission standards for surface coating of plastic parts and products.

74:36:08:79 National emission standards for surface coating of wood building products.

74:36:08:80 National emission standards for surface coating of metal coil.

74:36:08:81 National emission standards for leather finishing operations.

74:36:08:82 National emission standards for cellulose products manufacturing.

74:36:08:83 National emission standards for boat manufacturing.

74:36:08:84 National emission standards for rubber tire manufacturing.
74:36:08:85 National emission standards for lime manufacturing plants.

74:36:08:86 National emission standards for semiconductor manufacturing.

74:36:08:87 National emission standards for coke ovens -- Pushing, quenching, and battery 

stacks.

74:36:08:88 National emission standards for iron and steel foundries.

74:36:08:89 National emission standards for site remediation.

74:36:08:90 National emission standards for miscellaneous coating manufacturing.

74:36:08:91 National emission standards for mercury cell chlor-alkali plants.

74:36:08:92 National emission standards for clay ceramics manufacturing.

74:36:08:93 National emission standards for flexible polyurethane foam production.

74:36:08:94 National emission standards for hydrochloric acid production.

74:36:08:95 National emission standards for friction materials manufacturing facilities.

74:36:08:96 National emission standards for taconite iron ore processing.

74:36:08:97 National emission standards for refractory products manufacturing.

74:36:08:98 National emission standards for primary magnesium refining.

74:36:08:99 National emission standards for polyvinyl chloride and copolymers production 

area sources.

74:36:08:100 National emission standards for primary copper smelting area sources.

74:36:08:101 National emission standards for secondary copper smelting area sources.

74:36:08:102 National emission standards for primary nonferrous metals area sources -- Zinc, 

cadmium, and beryllium.

74:36:08:103 National emission standards for hospital ethylene oxide sterilizers.

74:36:08:104 National emission standards for electric arc furnace steelmaking facility area 

sources.

74:36:08:105 National emission standards for iron and steel foundry area sources.

74:36:08:106 National emission standards for gasoline distribution bulk terminals, bulk plants, 

and pipeline facilities.

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

74:36:08:108 National emission standards for paint stripping and miscellaneous surface coating 

area sources.

74:36:08:109 National emission standards for acrylic and modacrylic fiber production area 

sources.

74:36:08:110 National emission standards for carbon black production area sources.

74:36:08:111 National emission standards for chemical manufacturing area sources --

Chromium compounds.

74:36:08:112 National emission standards for flexible polyurethane foam production and 

fabrication area sources.

74:36:08:113 National emission standards for lead acid battery manufacturing area sources.

74:36:08:114 National emission standards for wood preserving area sources.

74:36:08:115 National emission standards for clay ceramic manufacturing area sources.

74:36:08:116 National emission standards for glass manufacturing area sources.

74:36:08:117 National emission standards for secondary nonferrous metal processing area 

sources.

74:36:08:118 National emission standards for plating and polishing area sources.

74:36:08:119 National emission standards for nine metal fabrication and finishing area sources.

74:36:08:120 National emission standards for ferroalloys production area sources.

74:36:08:121 National emission standards for aluminum, copper, and other nonferrous foundry 

area sources.
74:36:08:122 National emission standards for coal- and oil-fired electric utility steam generating

units.

74:36:08:123 National emission standards for industrial, commercial, and institutional boilers 

area sources.

74:36:08:124 National emission standards for chemical manufacturing area sources.

74:36:08:125 National emission standards for asphalt processing and asphalt roofing 

manufacturing area sources.

74:36:08:126 National emission standards for chemical preparations industry area sources.

74:36:08:127 National emission standards for paints and allied products manufacturing area 

sources.

74:36:08:128 National emission standards for prepared feeds manufacturing area sources.

74:36:08:129 National emission standards for gold mine ore processing and production area 

sources.

74:36:08:130 National emission standards for polyvinyl chloride and copolymers production.

74:36:08:00. Administrator defined. For the purposes of this chapter, "administrator" 

means the secretary, except for those authorities which cannot be delegated to the state, in which 

case "administrator" means both the administrator of EPA and the secretary.

Source: 19 SDR 157, effective April 22, 1993; transferred from § 74:36:08:01, 21 SDR 119, 

effective January 5, 1995.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:01. General provisions -- National emission standards for hazardous air 

pollutants. The general provisions for the national emission standards for hazardous air pollutants 

are those in 40 C.F.R. § 61, Subpart A (July 1, 2012).

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 

SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999; 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; 36 SDR 207, 

effective June 28, 2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:02. Emission standards for asbestos air pollutants. The emission standards for 

asbestos air pollutants are those in 40 C.F.R. § 61, Subpart M (July 1, 2012).

Source: 11 SDR 151, effective May 12, 1985; 13 SDR 129, 13 SDR 141, effective July 1, 

1987; 14 SDR 72, effective November 24, 1987; 17 SDR 170, effective May 13, 1991; 18 SDR 95, 

effective December 2, 1991; transferred from § 74:26:22:02, 19 SDR 157, effective April 22, 

1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 1996; 25 SDR 

123, effective April 4, 1999; 26 SDR 168, effective July 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; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 

2013.
General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:02.01. Emission standards for equipment leaks (fugitive emission sources) of 

benzene. The emission standards for equipment leaks of benzene are those in 40 C.F.R. § 61

Subpart J (July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:02.02. Emission standards for benzene emissions from benzene storage 

vessels. The emission standards for benzene emissions from benzene storage vessels are those in 

40 C.F.R. § 61, Subpart Y (July 1, 2012).

Source: 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:02.03. Emission standards for benzene emissions from benzene transfer 

operations. The emission standards for benzene emissions from benzene transfer operations are 

those in 40 C.F.R. § 61, Subpart BB (July 1, 2012).

Source: 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:02.04. Emission standards for benzene waste operations. The emission 

standards for benzene waste operations equipment leaks of benzene are those in 40 C.F.R. § 61, 

Subpart FF (July 1, 2012).

Source: 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:03. General provisions -- National emission standards for hazardous air 

pollutants for source categories. The general provisions for the national emission standards for 

hazardous air pollutants for source categories are those in 40 C.F.R. § 63 Subpart A (July 1, 2012).

Source: 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 1996; 

25 SDR 123, effective April 4, 1999; 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; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective 

June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.
74:36:08:03.01. Requirements for control technology determinations for major sources 

in accordance with Clean Air Act sections 112(g) and 112(j). The provisions for control 

technology determinations for major sources in accordance with Clean Air Act sections 112(g) and 

112(j) are those in 40 C.F.R. § 63, Subpart B (July 1, 2012).

Source: 25 SDR 123, effective April 4, 1999; 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; 36 SDR 207, effective June 28, 2010; 39 

SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:04. National perchloroethylene air emission standards for dry cleaning 

facilities. The national perchloroethylene air emission standards for dry cleaning facilities are those

in 40 C.F.R. § 63, Subpart M (July 1, 2012). A source that operates a unit subject to Subpart M is 

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

obtain a Part 70 operating permit for a reason other than the source is subject to Subpart M. 

Exempted sources must still meet the applicable requirements in Subpart M.

Source: 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 1996; 

25 SDR 123, effective April 4, 1999; 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; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective 

June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.

Cross-Reference: Complete application, § 74:36:05:09.

74:36:08:05. National emission standards for organic hazardous air pollutants from 

the synthetic organic chemical manufacturing industry. The national emission standards for 

organic hazardous air pollutants from the synthetic organic chemical manufacturing industry are 

those in 40 C.F.R. § 63, Subpart F (July 1, 2012).

Source: 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 1996; 

25 SDR 123, effective April 4, 1999; 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; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective 

June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:06. National emission standards for organic hazardous air pollutants from 

synthetic organic chemical manufacturing industry process vents, storage vessels, transfer 

operations, and wastewater. The national emission standards for organic hazardous air pollutants 

from synthetic organic chemical manufacturing industry process vents, storage vessels, transfer 

operations, and wastewater are those in 40 C.F.R. § 63, Subpart G (July 1, 2012).
Source: 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 1996; 

25 SDR 123, effective April 4, 1999; 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; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective 

June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:07. National emission standards for organic hazardous air pollutants for 

equipment leaks. The national emission standards for organic hazardous air pollutants for 

equipment leaks are those in 40 C.F.R. § 63, Subpart H (July 1, 2012).

Source: 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 1996; 

25 SDR 123, effective April 4, 1999; 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; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective 

June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:08. National emission standards for organic hazardous air pollutants for 

certain processes subject to negotiated regulations for equipment leaks. The national emission 

standards for organic hazardous air pollutants for certain processes subject to the negotiated 

regulations for equipment leaks are those in 40 C.F.R. § 63, Subpart I (July 1, 2012).

Source: 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 1996; 

25 SDR 123, effective April 4, 1999; 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; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective 

June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:09. National emission standards for chromium emissions from hard and 

decorative chromium electroplating and chromium anodizing tanks. The national emission 

standards for hard and decorative chromium electroplating and chromium anodizing tanks are 

those in 40 C.F.R. § 63, Subpart N (July 1, 2012). An area source that operates a unit subject to 

Subpart N is exempt from the obligation to obtain a Part 70 operating permit if the source is not 

required to obtain a Part 70 operating permit for a reason other than the source is subject to Subpart 

N. Exempted sources must still meet the applicable requirements in Subpart N.

Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999; 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; 36 

SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.
Cross-Reference: Operating permits for part 70 sources, § 74:36:05.

74:36:08:10. National emission standards for ethylene oxide emissions from 

sterilization facilities. The national emission standards for ethylene oxide from sterilization 

facilities are those in 40 C.F.R. § 63, Subpart O (July 1, 2012). A source that operates a unit 

subject to Subpart O is exempt from the obligation to obtain a Part 70 operating permit if the 

source is not required to obtain a Part 70 operating permit for a reason other than the source is 

subject to Subpart O. Exempted sources must still meet the applicable requirements in Subpart O.

Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999; 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; 36 

SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:11. National emission standards for industrial process cooling towers. The 

national emission standards for industrial process cooling towers are those in 40 C.F.R. § 63, 

Subpart Q (July 1, 2012). A source that operates a unit subject to Subpart Q is exempt from the 

obligations to obtain a Part 70 operating permit if the source is not required to obtain a Part 70 

operating permit for a reason other than the source is subject to Subpart Q. Exempted sources must 

still meet the applicable requirements in Subpart Q.

Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999; 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; 36 

SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:12. National emission standards for gasoline distribution facilities (bulk 

gasoline terminals and pipeline breakout stations). The national emission standards for gasoline 

distribution facilities (bulk gasoline terminals and pipeline breakout stations) are those in 40 

C.F.R. § 63, Subpart R (July 1, 2012).

Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999; 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; 36 SDR 207, effective June 28, 

2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:13. National emission standards for halogenated solvent cleaning. The 

national emission standards for halogenated solvent cleaning are those in 40 C.F.R. § 63, Subpart 

T (July 1, 2012). An area source that operates a unit subject to Subpart T is exempt from the 

obligation to obtain a Part 70 operating permit if the source is not required to obtain a Part 70 

operating permit for a reason other than the source is subject to Subpart T. Exempted sources must 

still meet the applicable requirements in Subpart T.
Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999; 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; 36 

SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:14. National emission standards for wood furniture manufacturing 

operations. The national emission standards for wood furniture manufacturing operations are 

those in 40 C.F.R. § 63, Subpart JJ (July 1, 2012).

Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999; 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; 36 

SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:15. National emission standards for aerospace manufacturing. The national 

emission standards for aerospace manufacturing are those in 40 C.F.R. § 63, Subpart GG (July 1, 

2012).

Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999; 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; 36 

SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:16. National emission standards for tanks. The national emission standards for 

tanks -- level 1 are those in 40 C.F.R. § 63, Subpart OO (July 1, 2012). The national emission 

standards for tanks -- level 2 are those in 40 C.F.R. § 63, Subpart WW (July 1, 2012).

Source: 25 SDR 123, effective April 4, 1999; 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; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:17. National emission standards for containers. The national emission 

standards for containers are those in 40 C.F.R. § 63, Subpart PP (July 1, 2012).

Source: 25 SDR 123, effective April 4, 1999; 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; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.
74:36:08:18. National emission standards for surface impoundments. The national 

emission standards for surface impoundments are those in 40 C.F.R. § 63, Subpart QQ (July 1, 

2012).

Source: 25 SDR 123, effective April 4, 1999; 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; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:19. National emission standards for individual drain systems. The national 

emission standards for individual drain systems are those in 40 C.F.R. § 63, Subpart RR (July 1, 

2012).

Source: 25 SDR 123, effective April 4, 1999; 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; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:20. National emission standards for oil-water separators and organic-water 

separators. The national emission standards for oil-water separators and organic-water separators 

are those in 40 C.F.R. § 63, Subpart VV (July 1, 2012).

Source: 25 SDR 123, effective April 4, 1999; 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; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:20.01. National emission standards for closed vent systems, control devices, 

recovery devices, and routing to a fuel gas system or a process. The national emission standards 

for closed vent systems, control devices, recovery devices, and routing to a fuel gas system or a 

process are those in 40 C.F.R. § 63, Subpart SS (July 1, 2012).

Source: 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; 36 SDR 207, effective 

June 28, 2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:20.02. National emission standards for equipment leaks. The national emission 

standards for equipment leaks -- control level 1 are those in 40 C.F.R. § 63, Subpart TT (July 1, 

2012). The national emission standards for equipment leaks -- control level 2 are those in 40 

C.F.R. § 63, Subpart UU (July 1, 2012).
Source: 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; 36 SDR 207, effective 

June 28, 2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:21. National emission standards for hazardous air pollutants from the 

portland cement manufacturing industry. The national emission standards for the portland 

cement manufacturing industry are those in 40 C.F.R. § 63, Subpart LLL (July 1, 2012).

Source: 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; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:22. National emission standards for hazardous air pollutants for pesticide 

active ingredient production. The national emission standards for pesticide active ingredient 

production are those in 40 C.F.R. § 63, Subpart MMM (July 1, 2012).

Source: 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; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:23. National emission standards for the printing and publishing industry. The 

national emission standards for the printing and publishing industry are those in 40 C.F.R. § 63, 

Subpart KK (July 1, 2012).

Source: 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; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:24. National emission standards for oil and natural gas production facilities.

The national emission standards for oil and natural gas production facilities are those in 40 C.F.R. 

§ 63, Subpart HH (July 1, 2012). A source that operates a unit subject to Subpart HH is exempt 

from the obligation to obtain a Part 70 operating permit if the unit is not required to install controls 

and if the source is not required to obtain a Part 70 operating permit for a reason other than the 

source is subject to Subpart HH. Exempted sources must still meet the applicable requirements in 

Subpart HH.

Source: 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; 36 SDR 207, effective 

June 28, 2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:25. National emission standards for natural gas transmission and storage 

facilities. The national emission standards for natural gas transmission and storage facilities are 

those in 40 C.F.R. § 63, Subpart HHH (July 1, 2012).

Source: 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; 36 SDR 207, effective 

June 28, 2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:26. National emission standards for secondary aluminum production. The

national emission standards for secondary aluminum production are those in 40 C.F.R. § 63, 

Subpart RRR (July 1, 2012).

Source: 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; 36 SDR 207, effective 

June 28, 2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:27. National emission standards for publicly owned treatment works. The 

national emission standards for publicly owned treatment works are those in 40 C.F.R. § 63, 

Subpart VVV (July 1, 2012).

Source: 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; 36 SDR 207, effective 

June 28, 2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:28. National emission standards for solvent extraction for vegetable oil 

production. The national emission standards for solvent extraction of vegetable oil production are 

those in 40 C.F.R. § 63, Subpart GGGG (July 1, 2012).

Source: 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; 36 SDR 207, effective 

June 28, 2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:29. National emission standards for paper and other web coating. The 

national emission standards for paper and other web coating are those in 40 C.F.R. § 63, Subpart 

JJJJ (July 1, 2012).
Source: 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; 36 SDR 207, effective 

June 28, 2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:30. National emission standards for municipal solid waste landfills. The 

national emission standards for municipal solid waste landfills are those in 40 C.F.R. § 63, Subpart 

AAAA (July 1, 2012).

Source: 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; 36 SDR 207, effective 

June 28, 2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:31. National emission standards for surface coating of metal furniture. The 

national emission standards for surface coating of metal furniture are those in 40 C.F.R. § 63, 

Subpart RRRR (July 1, 2012).

Source: 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 

SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective 

June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:32. National emission standards for integrated iron and steel manufacturing 

facilities. The national emission standards for integrated iron and steel manufacturing are those in 

40 C.F.R. § 63, Subpart FFFFF (July 1, 2012).

Source: 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 

SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective 

June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:33. National emission standards for brick and structural clay products 

manufacturing. The national emission standards for brick and structural clay products 

manufacturing are those in 40 C.F.R. § 63, Subpart JJJJJ (July 1, 2012).

Source: 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 

SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective 

June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.
74:36:08:34. National emission standards for asphalt processing and asphalt roofing 

manufacturing. The national emission standards for asphalt processing and asphalt roofing 

manufacturing are those in 40 C.F.R. § 63, Subpart LLLLL (July 1, 2012).

Source: 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 

SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective 

June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:35. National emission standards for flexible polyurethane foam fabrication 

operations. The national emission standards for flexible polyurethane foam fabrication operations 

are those in 40 C.F.R. § 63, Subpart MMMMM (July 1, 2012).

Source: 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 

SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective 

June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:36. National emission standards for engine test cells/stands. The national 

emission standards for engine test cells/stands are those in 40 C.F.R. § 63, Subpart PPPPP (July 1, 

2012).

Source: 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 

SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective 

June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:37. National emission standards for surface coating of miscellaneous metal 

parts and products. The national emission standards for surface coating of miscellaneous metal 

parts and products as published in 40 C.F.R. § 63, Subpart MMMM (July 1, 2012).

Source: 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 

SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective 

June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:38. National emission standards for reinforced plastic composites production.

The national emission standards for reinforced plastic composites production are those in 40 

C.F.R. § 63, Subpart WWWW (July 1, 2012).

Source: 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 

207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.
74:36:08:39. National emission standards for stationary combustion turbines. The 

national emission standards for stationary combustion turbines are those in 40 C.F.R. § 63, Subpart 

YYYY (July 1, 2012).

Source: 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 

207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:40. National emission standards for stationary reciprocating internal 

combustion engines. The national emission standards for stationary reciprocating internal 

combustion engines are those in 40 C.F.R. § 63, Subpart ZZZZ (July 1, 2012).

Source: 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 

207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:41. National emission standards for industrial, commercial, and institutional 

boilers and process heaters. The national emission standards for industrial, commercial, and 

institutional boilers and process heaters are those in 40 C.F.R. § 63, Subpart DDDDD (July 1, 

2012).

Source: 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 

207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:42. National emission standards for polyvinyl chloride and copolymers 

production. The national emission standards for polyvinyl chloride and copolymers production are 

those in 40 C.F.R. § 63, Subpart J (July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:43. National emission standards for coke oven batteries. The national emission 

standards for coke oven batteries are those in 40 C.F.R. § 63, Subpart L, (July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.
74:36:08:44. National emission standards for pulp and paper industry. The national 

emission standards for pulp and paper industry are those in 40 C.F.R. § 63, Subpart S, (July 1, 

2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:45. National emission standards for group I polymers and resins. The national 

emission standards for group I polymers and resins are those in 40 C.F.R. § 63, Subpart U, (July 1, 

2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:46. National emission standards for epoxy resins production and non-nylon 

polyamides production. The national emission standards for epoxy resins production and nonnylon polyamides production are those in 40 C.F.R. § 63, Subpart W, (July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:47. National emission standards for secondary lead smelting. The national 

emission standards for secondary lead smelting are those in 40 C.F.R. § 63, Subpart X (July 1, 

2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:48. National emission standards for phosphoric acid manufacturing plants.

The national emission standards for phosphoric acid manufacturing plants are those in 40 C.F.R. 

§ 63, Subpart AA (July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:49. National emission standards for phosphate fertilizers production plants.

The national emission standards for phosphate fertilizers production plants are those in 40 C.F.R. 

§ 63, Subpart BB (July 1, 2012).
Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:50. National emission standards for petroleum refineries. The national 

emission standards for petroleum refineries are those in 40 C.F.R. § 63, Subpart CC (July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:51. National emission standards for off-site waste and recovery operations.

The national emission standards for off-site waste and recovery operations are those in 40 C.F.R. 

§ 63, Subpart DD (July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:52. National emission standards for magnetic tape manufacturing operations.

The national emission standards for magnetic tape manufacturing operations are those in 40 C.F.R. 

§ 63, Subpart EE (July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:53. National emission standards for primary aluminum reduction plants. The 

national emission standards for primary aluminum reduction plants are those in 40 C.F.R. § 63, 

Subpart LL (July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:54. National emission standards for chemical recovery combustion sources at 

kraft, soda, sulfite, and stand-alone semichemical pulp mills. The national emission standards 

for chemical recovery combustion sources at kraft, soda, sulfite, and stand-alone semichemical 

pulp mills are those in 40 C.F.R. § 63, Subpart MM (July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013
General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:55. National emission standards for ethylene manufacturing process units --

Heat exchange systems and waste operations. The national emission standards for heat exchange 

systems and waste operations are those in 40 C.F.R. § 63, Subpart XX (July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:56. Generic maximum achievable control technology standards. The generic 

maximum achievable control technology standards are those in 40 C.F.R. § 63, Subpart YY (July 

1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:57. National emission standards for steel pickling -- HC1 process facilities 

and hydrochloric acid regeneration plants. The national emission standards for HC1 process 

facilities and hydrochloric acid regeneration plants are those in 40 C.F.R. § 63, Subpart CCC (July 

1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:58. National emission standards for mineral wool production. The national 

emission standards for mineral wool production are those in 40 C.F.R. § 63, Subpart DDD (July 1, 

2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:59. National emission standards for hazardous waste combusters. The national 

emission standards for hazardous waste combusters are those in 40 C.F.R. § 63, Subpart EEE (July 

1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.
74:36:08:60. National emission standards for pharmaceutical production. The national 

emission standards for pharmaceutical production are those in 40 C.F.R. § 63, Subpart GGG (July 

1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:61. National emission standards for group IV polymers and resins. The 

national emission standards for group IV polymers and resins are those in 40 C.F.R. § 63, Subpart 

JJJ (July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:62. National emission standards for wool fiberglass production. The national 

emission standards for wool fiberglass production are those in 40 C.F.R. § 63, Subpart NNN (July 

1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:63. National emission standards for manufacture of amino/phenolic resins.

The national emission standards for the manufacture of amino/phenolic resins are those in 40 

C.F.R. § 63, Subpart OOO (July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:64. National emission standards for polyether polyols production. The 

national emission standards for polyether polyols production are those in 40 C.F.R. § 63, Subpart 

PPP (July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.
74:36:08:65. National emission standards for primary copper smelting. The national 

emission standards for primary copper smelting are those in 40 C.F.R. § 63, Subpart QQQ (July 1, 

2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:66. National emission standards for primary lead smelting. The national 

emission standards for primary lead smelting are those in 40 C.F.R. § 63, Subpart TTT (July 1, 

2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:67. National emission standards for petroleum refineries -- Catalytic 

cracking, catalytic reforming, and sulfur recovery units. The national emission standards for 

catalytic cracking, catalytic reforming, and sulfur recovery units at petroleum refineries are those in 

40 C.F.R. § 63, Subpart UUU (July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:68. National emission standards for ferroalloy production -- Ferromanganese 

and silicomanganese. The national emission standards for ferromanganese and silicomanganese 

production are those in 40 C.F.R. § 63, Subpart XXX (July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:69. National emission standards for the manufacture of nutritional yeast. The 

national emission standards for the manufacture of nutritional yeast are those in 40 C.F.R. § 63, 

Subpart CCCC (July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.
74:36:08:70. National emission standards for plywood and composite wood products.

The national emission standards for plywood and composite wood products are those in 40 C.F.R. 

§ 63, Subpart DDDD (July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:71. National emission standards for non-gasoline organic liquids distribution.

The national emission standards for non-gasoline organic liquids distribution are those in 40 

C.F.R. § 63, Subpart EEEE (July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:72. National emission standards for miscellaneous organic chemical 

manufacturing. The national emission standards for miscellaneous organic chemical 

manufacturing are those in 40 C.F.R. § 63, Subpart FFFF (July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 

SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:73. National emission standards for wet-formed fiberglass mat production.

The national emission standards for wet-formed fiberglass mat production are those in 40 C.F.R. 

§ 63, Subpart HHHH (July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:74. National emission standards for surface coating of automobiles and light 

duty trucks. The national emission standards for surface coating of automobiles and light duty 

trucks are those in 40 C.F.R. § 63, Subpart IIII (July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:75. National emission standards for surface coating of metal cans. The 

national emission standards for surface coating of metal cans are those in 40 C.F.R. § 63, Subpart 

KKKK (July 1, 2012).
Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:76. National emission standards for surface coating of large appliances. The 

national emission standards for surface coating of large appliances are those in 40 C.F.R. § 63, 

Subpart NNNN (July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:77. National emission standards for printing, coating, and dyeing of fabrics 

and other textiles. The national emission standards for printing, coating, and dyeing of fabrics and 

other textiles are those in 40 C.F.R. § 63, Subpart OOOO (July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:78. National emission standards for surface coating of plastic parts and 

products. The national emission standards for surface coating of plastic parts and products are 

those in 40 C.F.R. § 63, Subpart PPPP (July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:79. National emission standards for surface coating of wood building 

products. The national emission standards for surface coating of wood building products are those 

in 40 C.F.R. § 63, Subpart QQQQ (July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:80. National emission standards for surface coating of metal coil. The national 

emission standards for surface coating of metal coil are those in 40 C.F.R. § 63, Subpart SSSS 

(July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.
General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:81. National emission standards for leather finishing operations. The national 

emission standards for leather finishing operations are those in 40 C.F.R. § 63, Subpart TTTT (July 

1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:82. National emission standards for cellulose products manufacturing. The 

national emission standards for cellulose products manufacturing are those in 40 C.F.R. § 63, 

Subpart UUUU (July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

212, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:83. National emission standards for boat manufacturing. The national

emission standards for boat manufacturing are those in 40 C.F.R. § 63, Subpart VVVV (July 1, 

2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:84. National emission standards for rubber tire manufacturing. The national 

emission standards for rubber tire manufacturing are those in 40 C.F.R. § 63, Subpart XXXX (July 

1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:85. National emission standards for lime manufacturing plants. The national 

emission standards for lime manufacturing plants are those in 40 C.F.R. § 63, Subpart AAAAA 

(July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.
74:36:08:86. National emission standards for semiconductor manufacturing. The 

national emission standards for semiconductor manufacturing are those in 40 C.F.R. § 63, Subpart 

BBBBB (July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:87. National emission standards for coke ovens -- Pushing, quenching, and 

battery stacks. The national emission standards for coke ovens are those in 40 C.F.R. § 63, 

Subpart CCCCC (July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:88. National emission standards for iron and steel foundries. The national 

emission standards for iron and steel foundries are those in 40 C.F.R. § 63, Subpart EEEEE (July 

1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:89. National emission standards for site remediation. The national emission 

standards for site remediation are those in 40 C.F.R. § 63, Subpart GGGGG (July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:90. National emission standards for miscellaneous coating manufacturing.

The national emission standards for miscellaneous coating manufacturing are those in 40 C.F.R. 

§ 63, Subpart HHHHH (July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:91. National emission standards for mercury cell chlor-alkali plants. The 

national emission standards for mercury cell chlor-alkali plants are those in 40 C.F.R. § 63, 

Subpart IIIII (July 1, 2012).
Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:92. National emission standards for clay ceramics manufacturing. The 

national emission standards for clay ceramics manufacturing are those in 40 C.F.R. § 63, Subpart 

KKKKK (July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:93. National emission standards for flexible polyurethane foam production.

The national emission standards for flexible polyurethane foam production are those in 40 C.F.R. 

§ 63, Subpart III (July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:94. National emission standards for hydrochloric acid production. The 

national emission standards for hydrochloric acid production are those in 40 C.F.R. § 63, Subpart 

NNNNN (July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:95. National emission standards for friction materials manufacturing 

facilities. The national emission standards for friction materials manufacturing facilities are those 

in 40 C.F.R. § 63, Subpart QQQQQ (July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:96. National emission standards taconite iron ore processing. The national 

emission standards for taconite iron ore processing are those in 40 C.F.R. § 63, Subpart RRRRR 

(July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.

74:36:08:97. National emission standards for refractory products manufacturing. The 

national emission standards for refractory products manufacturing are those in 40 C.F.R. § 63, 

Subpart SSSSS (July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:98. National emission standards for primary magnesium refining. The 

national emission standards for primary magnesium refining are those in 40 C.F.R. § 63, Subpart 

TTTTT (July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:99. National emission standards for polyvinyl chloride and copolymers 

production area sources. The national emission standards for polyvinyl chloride and copolymers 

production area sources are those in 40 C.F.R. § 63, Subpart DDDDDD (July 1, 2012). A source 

that operates a unit subject to Subpart DDDDDD is exempt from the obligation to obtain a Part 70 

operating permit if the source is not required to obtain a Part 70 operating permit for a reason other 

than the source is subject to Subpart DDDDDD. Exempted sources must still meet the applicable 

requirements in Subpart DDDDDD.

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:100. National emission standards for primary copper smelting area sources.

The national emission standards for primary copper smelting area sources are those in 40 C.F.R. 

§ 63, Subpart EEEEEE (July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:101. National emission standards for secondary copper smelting area sources.

The national emission standards for secondary copper smelting area sources are those in 40 C.F.R. 

§ 63, Subpart FFFFFF (July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.
General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:102. National emission standards for primary nonferrous metals area sources 

-- Zinc, cadmium, and beryllium. The national emission standards for primary nonferrous metals 

area sources are those in 40 C.F.R. § 63, Subpart GGGGGG (July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:103. National emission standards for hospital ethylene oxide sterilizers. The 

national emission standards for hospital ethylene oxide sterilizers are those in 40 C.F.R. § 63, 

Subpart WWWWW (July 1, 2012). A source that operates a unit subject to Subpart WWWWW is 

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

obtain a Part 70 operating permit for a reason other than the source is subject to Subpart 

WWWWW. Exempted sources must still meet the applicable requirements in Subpart WWWWW.

Source: 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:104. National emission standards for electric arc furnace steelmaking facility 

area sources. The national emission standards for area sources -- electric arc furnace steelmaking 

facilities are those in 40 C.F.R. § 63, Subpart YYYYY (July 1, 2012).

Source: 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:105. National emission standards for iron and steel foundry area sources. The 

national emission standards for iron and steel foundry area sources are those in 40 C.F.R. § 63, 

Subpart ZZZZZ (July 1, 2012). A source that operates a unit subject to Subpart ZZZZZ is exempt 

from the obligation to obtain a Part 70 operating permit if the source is not required to obtain a Part 

70 operating permit for a reason other than the source is subject to Subpart ZZZZZ. Exempted 

sources must still meet the applicable requirements in Subpart ZZZZZ.

Source: 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:106. National emission standards for gasoline distribution bulk terminals, 

bulk plants, and pipeline facilities. The national emission standards for gasoline distribution bulk 

terminals, bulk plants, and pipeline facilities are those in 40 C.F.R. § 63, Subpart BBBBBB (July 

1, 2012). A source that operates a unit subject to Subpart BBBBBB is exempt from the obligation 

to obtain a Part 70 operating permit if the source is not required to obtain a Part 70 operating 
permit for a reason other than the source is subject to Subpart BBBBBB. Exempted sources must 

still meet the applicable requirements in Subpart BBBBBB.

Source: 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:107. National emission standards for gasoline dispensing facilities. The 

national emission standards for gasoline dispensing facilities are those in 40 C.F.R. § 63, Subpart 

CCCCCC (July 1, 2012). A source that operates a unit subject to Subpart CCCCCC is exempt 

from the obligation to obtain a Part 70 operating permit if the source is not required to obtain a Part 

70 operating permit for a reason other than the source is subject to Subpart CCCCCC. Exempted 

sources must still meet the applicable requirements in Subpart CCCCCC.

Source: 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

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

surface coating area sources. The national emission standards for paint stripping and 

miscellaneous coating area sources are those in 40 C.F.R. § 63, Subpart HHHHHH (July 1, 2012).

A source that operates a unit subject to Subpart HHHHHH is exempt from the obligation to obtain 

a Part 70 operating permit if the source is not required to obtain a Part 70 operating permit for a 

reason other than the source is subject to Subpart HHHHHH. Exempted sources must still meet the 

applicable requirements in Subpart HHHHHH.

Source: 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:109. National emission standards for acrylic and modacrylic fiber production 

area sources. The national emission standards for acrylic and modacrylic fiber production area 

sources are those in 40 C.F.R. § 63, Subpart LLLLLL (July 1, 2012). A source that operates a unit 

subject to Subpart LLLLLL is exempt from the obligation to obtain a Part 70 operating permit if 

the source is not required to obtain a Part 70 operating permit for a reason other than the source is 

subject to Subpart LLLLLL. Exempted sources must still meet the applicable requirements in 

Subpart LLLLLL.

Source: 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:110. National emission standards for carbon black production area sources.

The national emission standards for carbon black production area sources are those in 40 C.F.R. 

§ 63, Subpart MMMMMM (July 1, 2012).

Source: 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.

74:36:08:111. National emission standards for chemical manufacturing area sources --

Chromium compounds. The national emission standards for chemical manufacturing area sources 

-- chromium compounds are those in 40 C.F.R. § 63, Subpart NNNNNN (July 1, 2012). A source 

that operates a unit subject to Subpart NNNNNN is exempt from the obligation to obtain a Part 70 

operating permit if the source is not required to obtain a Part 70 operating permit for a reason other 

than the source is subject to Subpart NNNNNN. Exempted sources must still meet the applicable 

requirements in Subpart NNNNNN.

Source: 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:112. National emission standards for flexible polyurethane foam production 

and fabrication area sources. The national emission standards for flexible polyurethane foam 

production and fabrication area sources are those in 40 C.F.R. § 63, Subpart OOOOOO (July 1, 

2012). A source that operates a unit subject to Subpart OOOOOO is exempt from the obligation to 

obtain a Part 70 operating permit if the source is not required to obtain a Part 70 operating permit 

for a reason other than the source is subject to Subpart OOOOOO. Exempted sources must still 

meet the applicable requirements in Subpart OOOOOO.

Source: 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:113. National emission standards for lead acid battery manufacturing area 

sources. The national emission standards for lead acid battery manufacturing area sources are 

those in 40 C.F.R. § 63, Subpart PPPPPP (July 1, 2012). A source that operates a unit subject to 

Subpart PPPPPP is exempt from the obligation to obtain a Part 70 operating permit if the source is 

not required to obtain a Part 70 operating permit for a reason other than the source is subject to 

Subpart PPPPPP. Exempted sources must still meet the applicable requirements in Subpart 

PPPPPP.

Source: 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:114. National emission standards for wood preserving area sources. The 

national emission standards for wood preserving area sources are those in 40 C.F.R. § 63, Subpart 

QQQQQQ (July 1, 2012). A source that operates a unit subject to Subpart QQQQQQ is exempt 

from the obligation to obtain a Part 70 operating permit if the source is not required to obtain a Part 

70 operating permit for a reason other than the source is subject to Subpart QQQQQQ. Exempted 

sources must still meet the applicable requirements in Subpart QQQQQQ.

Source: 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.
74:36:08:115. National emission standards for clay ceramic manufacturing area 

sources. The national emission standards for clay ceramic manufacturing area sources are those in 

40 C.F.R. § 63, Subpart RRRRRR (July 1, 2012). A source that operates a unit subject to Subpart 

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

required to obtain a Part 70 operating permit for a reason other than the source is subject to Subpart 

RRRRRR. Exempted sources must still meet the applicable requirements in Subpart RRRRRR.

Source: 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:116. National emission standards for glass manufacturing area sources. The 

national emission standards for glass manufacturing area sources are those in 40 C.F.R. § 63, 

Subpart SSSSSS (July 1, 2012).

Source: 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:117. National emission standards for secondary nonferrous metal processing 

area sources. The national emission standards for secondary nonferrous metal processing area 

sources are those in 40 C.F.R. § 63, Subpart TTTTTT (July 1, 2012). A source that operates a unit 

subject to Subpart TTTTTT is exempt from the obligation to obtain a Part 70 operating permit if 

the source is not required to obtain a Part 70 operating permit for a reason other than the source is 

subject to Subpart TTTTTT. Exempted sources must still meet the applicable requirements in 

Subpart TTTTTT.

Source: 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:118. National emission standards for plating and polishing area sources. The 

national emission standards for plating and polishing area sources are those in 40 C.F.R. § 63, 

Subpart WWWWWW (July 1, 2012). A source that operates a unit subject to Subpart 

WWWWWW is exempt from the obligation to obtain a Part 70 operating permit if the source is 

not required to obtain a Part 70 operating permit for a reason other than the source is subject to 

Subpart WWWWWW. Exempted sources must still meet the applicable requirements in Subpart 

WWWWWW.

Source: 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:119. National emission standards for nine metal fabrication and finishing 

area sources. The national emission standards for nine fabrication and finishing area sources are 

those in 40 C.F.R. § 63, Subpart XXXXXX (July 1, 2012). A source that operates a unit subject to 

Subpart XXXXXX is exempt from the obligation to obtain a Part 70 operating permit if the source 
is not required to obtain a Part 70 operating permit for a reason other than the source is subject to 

Subpart XXXXXX. Exempted sources must still meet the applicable requirements in Subpart 

XXXXXX.

Source: 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:120. National emission standards for ferroalloys production area sources. The 

national emission standards for ferroalloys production area sources are those in 40 C.F.R. § 63, 

Subpart YYYYYY (July 1, 2012). A source that operates a unit subject to Subpart YYYYYY is 

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

obtain a Part 70 operating permit for a reason other than the source is subject to Subpart 

YYYYYY. Exempted sources must still meet the applicable requirements in Subpart YYYYYY.

Source: 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:121. National emission standards for aluminum, copper, and other 

nonferrous foundry area sources. The national emission standards for aluminum, copper, and 

other nonferrous foundry area sources are those in 40 C.F.R. § 63, Subpart ZZZZZZ (July 1, 2012). 

A source that operates a unit subject to Subpart ZZZZZZ is exempt from the obligation to obtain a 

Part 70 operating permit if the source is not required to obtain a Part 70 operating permit for a 

reason other than the source is subject to Subpart ZZZZZZ. Exempted sources must still meet the 

applicable requirements in Subpart ZZZZZZ.

Source: 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:122. National emission standards for coal- and oil-fired electric utility steam 

generating units. The national emission standards for coal- and oil-fired electric utility steam 

generating units are those in 40 C.F.R. § 63, Subpart UUUUU (July 1, 2012).

Source: 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:123. National emission standards for industrial, commercial, and institutional 

boilers area sources. The national emission standards for industrial, commercial, and institutional 

boilers area sources are those in 40 C.F.R. § 63, Subpart JJJJJJ (July 1, 2012). A source that 

operates a unit subject to Subpart JJJJJJ is exempt from the obligation to obtain a Part 70 operating 

permit if the source is not required to obtain a Part 70 operating permit for a reason other than the 

source is subject to Subpart JJJJJJ. Exempted sources must still meet the applicable requirements 

in Subpart JJJJJJ.

Source: 39 SDR 219, effective June 25, 2013.
General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:124. National emission standards for chemical manufacturing area sources.

The national emission standards for chemical manufacturing area sources are those in 40 C.F.R. 

§ 63, Subpart VVVVVV (July 1, 2012). A source that operates a unit subject to Subpart VVVVVV 

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

obtain a Part 70 operating permit for a reason other than the source is subject to Subpart 

VVVVVV. Exempted sources must still meet the applicable requirements in Subpart VVVVVV.

Source: 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:125. National emission standards for asphalt processing and asphalt roofing 

manufacturing area sources. The national emission standards for asphalt processing and asphalt 

roofing manufacturing area sources are those in 40 C.F.R. § 63, Subpart AAAAAAA (July 1, 

2012). A source that operates a unit subject to Subpart AAAAAAA is exempt from the obligation 

to obtain a Part 70 operating permit if the source is not required to obtain a Part 70 operating 

permit for a reason other than the source is subject to Subpart AAAAAAA. Exempted sources 

must still meet the applicable requirements in Subpart AAAAAAA.

Source: 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:126. National emission standards for chemical preparations industry area 

sources. The national emission standards for chemical preparations industry area sources are those 

in 40 C.F.R. § 63, Subpart BBBBBBB (July 1, 2012). A source that operates a unit subject to 

Subpart BBBBBBB is exempt from the obligation to obtain a Part 70 operating permit if the source 

is not required to obtain a Part 70 operating permit for a reason other than the source is subject to 

Subpart BBBBBBB. Exempted sources must still meet the applicable requirements in Subpart 

BBBBBBB.

Source: 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:127. National emission standards for paints and allied products 

manufacturing area sources. The national emission standards for paints and allied products 

manufacturing area sources are those in 40 C.F.R. § 63, Subpart CCCCCCC (July 1, 2012). A 

source that operates a unit subject to Subpart CCCCCCC is exempt from the obligation to obtain a 

Part 70 operating permit if the source is not required to obtain a Part 70 operating permit for a 

reason other than the source is subject to Subpart CCCCCCC. Exempted sources must still meet 

the applicable requirements in Subpart CCCCCCC.

Source: 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.

74:36:08:128. National emission standards for prepared feeds manufacturing area

sources. The national emission standards for prepared feeds manufacturing area sources are those 

in 40 C.F.R. § 63, Subpart DDDDDDD (July 1, 2012). A source that operates a unit subject to 

Subpart DDDDDDD is exempt from the obligation to obtain a Part 70 operating permit if the 

source is not required to obtain a Part 70 operating permit for a reason other than the source is 

subject to Subpart DDDDDDD. Exempted sources must still meet the applicable requirements in 

Subpart DDDDDDD.

Source: 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:129. National emission standards for gold mine ore processing and 

production area sources. The national emission standards for gold mine ore processing and 

production area sources are those in 40 C.F.R. § 63, Subpart EEEEEEE (July 1, 2012).

Source: 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:130. National emission standards for polyvinyl chloride and copolymers 

production. The national emission standards for polyvinyl chloride and copolymers production are 

those in 40 C.F.R. § 63, Subpart HHHHHHH (July 1, 2012).

Source: 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

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 permit 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 definitions and requirements for the prevention of significant deterioration are those in 40 

C.F.R. § 52.21 (July 1, 2012), except for 40 C.F.R. § 52.21(a)(1), (a)(2)(iv)(e), (b)(2)(iii)(h), 

(b)(3)(iii)(b), (b)(32), (b)(42), (b)(55), (b)(56), (b)(57), (b)(58), (f), (k)(2), (q), (s), (t), (u), (x), (y),

(z), and (cc) (July 1, 2012) with the following differences:

(1) For the purposes of this section, all terms defined 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), inclusive; 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 "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(b)(2)(iii)(a) is incorporated by 

reference excluding the second sentence which states, "Routine maintenance, repair and 

replacement shall include, but not be limited to, any activity(s) that meets the requirements of the 

equipment replacement provisions contained in paragraph (cc) of this section";

(5) 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

(6) 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 notify the administrator of the EPA of each significant 

action the secretary takes on the application.

If EPA stays or withdraws the regulation of greenhouse gases as identified in 40 C.F.R. 

§ 52.21(w)(1) (July 1, 2012), or a court issues an order vacating or otherwise invalidating EPA's 

regulation of greenhouse gases for any reason, the regulation of greenhouse gases by Article 74:36 

are void as of the date of such 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, 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; 37 SDR 182, effective April 20, 2011; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6, 34A-1-18.

Law Implemented: SDCL 34A-1-18.

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, 2012), excluding the phrase 

"The plan shall provide that..." with the following differences:

(1) For the purposes of this section, in 40 C.F.R. § 52.166(q) the phrase "reviewing 

authority" means the secretary;

(2) For the purposes of this section, in 40 C.F.R. § 51.166(q)(1) the phrase "specified time 

period" means 60 days;

(3) For the purposes of this section, in 40 C.F.R. § 51.166(q)(2)(iv), the term "administrator" 

means the administrator of EPA;

(4) For the purposes of this section, in 40 C.F.R. § 51.166(q)(2)(iii), the phrase "Notify the 

public" shall consist of a public notice once in a legal newspaper in the county where the proposed 

source would be constructed. The public notice shall include a statement that a person may submit 

comments or contest the draft permit within 30 days after the publication of the notice. The 

statement shall also describe the procedures a person must follow to contest the draft permit and 

request a hearing in accordance with article 74:09;

(5) For the purposes of this section, in 40 C.F.R. § 51.166(q)(2)(v), a public hearing is 

required if a person contests the draft permit or contests the secretary's final determination and 

requests a hearing in accordance with article 74:09; and

(6) For the purposes of this section, in 40 C.F.R. § 51.166(q)(2)(viii), if a request for a 

contested case hearing is not submitted during the public notice period, the secretary shall make a 

final determination within 30 days of the end of the public comment period on the draft permit. 

The secretary shall notify, in writing, the applicant and each person that submitted written 

comments or requested notice of the final determination. The notice shall include reference to the 

procedures for contesting the final determination and requesting a hearing in accordance with 

article 74:09 within 30 days of receiving the secretary's final determination. If no person comments 
on a draft permit, requests changes, or contests the draft permit during the public notice period, the 

draft permit automatically becomes the secretary's final determination and is issued at the end of 

the public notice period.

Source: 33 SDR 43, effective September 18, 2006; 36 SDR 207, effective June 28, 2010; 39 

SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6, 34A-1-18.

Law Implemented: SDCL 34A-1-18.

CHAPTER 74:36:10

NEW SOURCE REVIEW

Section

74:36:10:01 Applicability.

74:36:10:02 Definitions.

74:36:10:03 Repealed.

74:36:10:03.01 New source review preconstruction permit required.

74:36:10:04 Repealed.

74:36:10:05 New source review preconstruction permit.

74:36:10:06 Causing or contributing to a violation of any national ambient air 

quality standard.

74:36:10:07 Determining credit for emission offsets.

74:36:10:08 Projected actual emissions.

74:36:10:09 and 74:36:10:10 Repealed.

74:36:10:01. Applicability. This chapter applies to areas of the state which are designated 

as nonattainment pursuant to § 107 of the Clean Air Act for any pollutant regulated under the 

Clean Air Act.

Source: 19 SDR 157, effective April 22, 1993.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6.

74:36:10:02. Definitions. For the purposes of this chapter, the definitions for new source 

review are those in 40 C.F.R. § 51.165(a)(1) (July 1, 2012).

For the purposes of this chapter, the term, Act, means the Clean Air Act.

For the purposes of this section, the term, reviewing authority, means the secretary.

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; 36 SDR 207, 

effective June 28, 2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6.
74:36:10:03. Net emissions increase defined. Repealed.

Source: 8 SDR 71, effective December 21, 1981; 13 SDR 129, 13 SDR 141, effective 

July 1, 1987; 17 SDR 170, effective May 13, 1991; transferred from § 74:26:01:06.01, 19 SDR 

157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; repealed, 30 SDR 26, 

effective September 1, 2003.

74:36:10:03.01. New source review preconstruction permit required. New major 

stationary sources or major modifications to existing major sources must obtain a preconstruction 

permit before beginning actual construction if they are located in the following areas:

(1) An attainment or unclassified area if the source would cause or contribute to a violation 

of any national ambient air quality standard; or

(2) An area designated nonattainment for any national ambient air quality standard if the 

source is major for the pollutant for which the area is designated nonattainment.

Except as provided by a plant-wide applicability limit, a proposed project is considered a 

major modification to an existing major source if the proposed project meets the criteria in 40 

C.F.R. § 51.165(a)(2)(ii)(A) to (F), inclusive, (July 1, 2012).

Source: 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 36 

SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013.

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

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

Note: The procedural requirements for obtaining a preconstruction permit under the new 

source review program are similar to the procedural requirements for a Part 70 source, such as a 

timely and complete application, completeness review, statement of basis, public participation, and 

departmental recommendation, as outlined in §§ 74:36:05:08 to 74:36:05:20.01, inclusive.

74:36:10:04. Criteria for creditability of increase or decrease in actual emissions.

Repealed.

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 

repealed, 30 SDR 26, effective September 1, 2003.

74:36:10:05. New source review preconstruction permit. A new source review 

preconstruction permit must satisfy the following criteria before beginning actual construction:

(1) All requirements for new source performance standards in chapter 74:36:07 that apply to 

the facility;

(2) Compliance with the lowest achievable emission rate (LAER);

(3) Certification of compliance that all other major sources, major modifications, or 

reconstructed facilities that are owned, operated, or controlled by the applicant either in whole or in 
part elsewhere in the state are in compliance with all applicable emission limitations and standards; 

and

(4) The total tonnage of increased emissions, in tons per year, resulting from a major 

modification that must be offset shall be determined by summing the difference between the 

allowable emissions after the modification and the actual emissions before the modification for 

each emissions unit. Emissions offsets are determined in accordance with § 74:36:10:07.

The owner or operator may apply for a plant-wide applicability limit. The procedures for a 

plant-wide allowable limit are those in 40 C.F.R. § 51.165(f)(1) to (f)(15), inclusive, (July 1, 

2012).

Approval to construct does not relieve an owner or operator of the responsibility to comply 

fully with applicable provisions of this article or the Clean Air Act and any other requirements 

under local, state, or federal law.

Submission of preconstruction monitored or projected ambient air quality data, or both, from 

the proposed source must accompany the permit application. In addition, air quality dispersion 

modeling and meteorological data for the prescribed area may be required by the department. Costs 

of these requirements must be absorbed by the proposed source.

Source: 7 SDR 4, effective July 27, 1980; transferred from § 44:10:01:16, 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; 16 SDR 88, effective November 14, 1989; 17 SDR 170, 

effective May 13, 1991; transferred from § 74:26:01:16, 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; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 

2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-22.

74:36:10:06. Causing or contributing to a violation of any national ambient air quality 

standard. This section applies to any major stationary source or major modification to an existing 

major source that is located in an attainment or unclassifiable area that may cause or contribute to 

violation of a national ambient air quality standard. A major stationary source or major 

modification to an existing major source is considered to cause or contribute to a violation of a 

national ambient air quality standard if the source or modification would, at a minimum, exceed 

the following significance levels at any locality that does not or would not meet the applicable 

national standard:

POLLUTANT AND SIGNIFICANT LEVELS

Averaging time (hours)

Annual 24 8 3 1

(1) SO2: 1.0 ug/m3 5 ug/m3 - 25 ug/m3 -

(2) PM10: 1.0 ug/m3 5 ug/m3 - - -

(3) PM2.5 0.3 ug/m3 1.2 ug/m3 - - -
(4) NO2: 1.0 ug/m3 - - - -

(5) CO - - 0.5 mg/m3 - 2 mg/m3

The owner or operator of a new major stationary source or major modification to an existing 

major source may reduce the impact of its emissions on air quality by obtaining emission offsets to 

compensate for its adverse ambient impact where the new major source or major modification to 

an existing major source would otherwise cause or contribute to a violation of the national ambient 

air quality standard. The procedures for determining credit for emission offsets are those in 

§ 74:36:10:07.

Source: 17 SDR 170, effective May 13, 1991; transferred from § 74:26:01:16:02, 19 SDR 

157, effective April 22, 1993; 30 SDR 26, effective September 1, 2003; 39 SDR 219, effective 

June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6.

74:36:10:07. Determining credit for emission offsets. The baseline for determining credit 

for emission offsets is the emission limit in effect at the time the application to construct is filed, 

except that the offset baseline is the actual emission of the unit from which offset credit is obtained 

if the demonstration of reasonable further progress and attainment of ambient air quality standards 

is based upon the actual emission of sources located within a designated nonattainment area; or if 

there is no applicable emission limit.

In determining credit for emission offsets the following criteria shall be met:

(1) All offsets must be for the same regulated NSR pollutant, result in a net positive air 

quality benefit in the affected area, and be approved by the department before issuance of the 

permit, even though they need not be in effect until the source commences operation. The offset 

ratio of total actual emissions reductions to the emissions increase shall be at least 1 to 1 unless an 

alternative ratio is provided in accordance with the offset requirements in 40 C.F.R. 

§ 51.165(a)(9)(ii) through 51.165(a)(9)(iv) (July 1, 2012);

(2) External offsets or those emission limitations from sources not owned, operated, or 

controlled by an applicant for a permit shall be made through a revision of the permit conditions of 

the participating source or sources. At no time may the baseline be exceeded;

(3) The permissible location of offsetting emissions shall be conducted in accordance with 

40 C.F.R., Part 51, Appendix S, section IV.D (July 1, 2012);

(4) For an existing fuel combustion unit, credit shall be based on the emission limit for the 

type of fuel being burned at the time the application to construct is filed. If the existing source 

agrees to switch to a cleaner fuel at some future date, emission offset credits based on the 

allowable or actual emissions for the fuels involved may be allowed only if permit conditions 

specify an alternative control measure that would achieve the same degree of emission reduction if 

the source switched back to the dirtier fuel at some later date;

(5) Emission reductions achieved by shutting down an existing unit or curtailing production 

or operating hours below baseline levels may be credited if the reductions are permanent, 
quantifiable, federally enforceable, and the area has a federally-approved attainment plan. In 

addition, the shutdown or curtailed production must occur after August 7, 1977, or less than one 

year before the date of submitting the permit application, whichever is earlier. Emission reductions 

may be credited in the absence of a federally-approved attainment plan if the shutdown or 

curtailment occurred on or after the date the application is filed for a new unit or if the applicant 

can establish that the proposed new unit is a replacement for the shutdown or curtailed unit, and 

the shutdown or curtailment occurred after August 7, 1977, or less than one year before the date of 

submitting the permit application, whichever is earlier;

(6) Except as set forth in 40 C.F.R. § 51.165(a)(3)(ii)(D) (July 1, 2012), emission offset 

credit may not be allowed for replacing one hydrocarbon compound with another of lesser 

reactivity;

(7) Credit for emissions reduction may be claimed to the extent that the department has not 

relied on it in issuing a permit or in its demonstration of attainment or reasonable further progress;

(8) If the emissions limit allows greater emissions than the potential to emit of the unit, the 

emission offset credit is allowed only for the control below the potential to emit of the unit; and

(9) All emission reductions claimed as offset credit must be federally enforceable.

Source: 7 SDR 4, effective July 27, 1980; transferred from §§ 44:10:01:15 and 44:10:01:17, 

effective July 1, 1981; 8 SDR 71, effective December 21, 1981; 12 SDR 183, effective May 21, 

1986; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 17 SDR 170, effective May 13, 1991; 

transferred from §§ 74:26:01:15, 74:26:01:16.01, and 74:26:01:17, 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; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective 

June 25, 2013.

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

Law Implemented: SDCL 34A-1-21, 34A-1-22.

74:36:10:08. Projected actual emissions. Any owner or operator who proposes a project 

for existing emissions units at a major stationary source that is not considered a major modification 

based on projected actual emissions but may result in a significant emission increase shall comply 

with the requirements in 40 C.F.R. § 51.165(a)(6)(i) to (vi), inclusive, (July 1, 2012). This section 

does not apply to a source with a plant-wide applicability limit.

The owner or operator shall make the information required to be documented in 40 C.F.R. 

§ 51.165(a)(6)(i) to (vi), inclusive, (July 1, 2012) available for review upon a request for inspection 

by the secretary or the general public pursuant to the requirements contained in 40 C.F.R. 

§ 70.4(b)(3)(viii) (July 1, 2012).

Source: 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 36 

SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6.
74:36:10:09. Clean unit test for emission units subject to lowest achievable emission 

rate. Repealed.

Source: 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 36 

SDR 207, effective June 28, 2010; repealed, 39 SDR 219, effective June 25, 2013.

74:36:10:10. Clean unit test for emission units comparable to lowest achievable 

emission rate. Repealed.

Source: 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 36 

SDR 207, effective June 28, 2010; repealed, 39 SDR 219, effective June 25, 2013.

CHAPTER 74:36:11

PERFORMANCE TESTING

Section

74:36:11:01 Stack performance testing or other testing methods.

74:36:11:02 Secretary may require performance tests.

74:36:11:03 Notice to department of performance test.

74:36:11:04 Testing new fuels or raw materials.

74:36:11:01. Stack performance testing or other testing methods. All stack performance 

tests or other test methods must be made in accordance with the applicable method specified in 40 

C.F.R. § 60.17; Part 60, Appendix A; § 63.14; Part 63, Appendix A; and Part 51, Appendix M (all 

July 1, 2012).

Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from 

§ 34:10:05:01, 7 SDR 4, effective July 27, 1980; transferred from § 44:10:05:01, effective July 1, 

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 §§ 74:26:05:01, 19 SDR 157, effective April 22, 1993; 21

SDR 119, effective January 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; 36 SDR 207, effective June 28, 2010; 39 SDR 219, 

effective June 25, 2013.

General Authority: SDCL 34A-1-6, 34A-1-12.

Law Implemented: SDCL 34A-1-12.

74:36:11:02. Secretary may require performance tests. The secretary may conduct or 

require a performance test of emissions, including stack sampling, for air pollutants from any 

source to determine compliance with regulated pollutant emission standards. Upon the request of 

the secretary, the owner or operator of the source to be tested must provide necessary ports in 

stacks or ducts and any other safe and applicable sampling and testing facilities necessary for 

determination of the emissions of air pollutants. The results of the required performance test must 
be submitted to the department within 60 days after the completion of the performance test or as 

designated by the department.

Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from 

§ 34:10:05:02, 7 SDR 4, effective July 27, 1980; transferred from § 44:10:05:02, effective July 1, 

1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; transferred from § 74:26:05:02, 19 SDR 

157, effective April 22, 1993; 23 SDR 106, effective December 29, 1996.

General Authority: SDCL 34A-1-6, 34A-1-12.

Law Implemented: SDCL 34A-1-12.

74:36:11:03. Notice to department of performance test. The owner or operator of an 

affected facility shall notify the department at least 10 days before the start of a performance test to 

arrange for an agreeable test date when a department representative may observe the test.

Source: 19 SDR 157, effective April 22, 1993; 23 SDR 106, effective December 29, 1996.

General Authority: SDCL 34A-1-6, 34A-1-12.

Law Implemented: SDCL 34A-1-12.

74:36:11:04. Testing new fuels or raw materials. The owner or operator of a permitted 

source may request permission to test a new fuel or raw material to determine if it is compatible 

with existing equipment and to determine air emission rates before requesting a permit amendment 

or modification. A complete request shall consist of:

(1) A written proposal that describes the new fuel or raw material;

(2) An estimate of the type and amount of regulated air pollutant emissions that will result 

from the change; and

(3) The schedule for conducting the test and the duration of the test. In most cases the owner 

or operator will be allowed to test for a maximum of one week. A request for a test period longer 

than one week will need additional justification. A test period shall not exceed 180 days.

Within 45 days after receipt of a complete proposal to conduct a test, the department shall 

notify the owner or operator in writing as to whether or not the department approves the test. If 

approved, the department's written response shall specify the schedule for conducting the test and 

outline the test requirements. The requirements may include performance testing, visible emission 

evaluation, fuel analysis, dispersion modeling, and monitoring of raw material or fuel rates.

If the department determines that the change will increase an emission of a regulated air 

pollutant or result in the emission of an additional regulated air pollutant, the department shall give 

public notice of the proposed test for 30 days. The department shall consider all comments 

received during the 30-day public comment period before making a final decision on the test.

The department will not approve a test if the test would cause or contribute to a violation of a 

national ambient air quality standard.

Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-12, 34A-1-21.
CHAPTER 74:36:12

CONTROL OF VISIBLE EMISSIONS

Section

74:36:12:01 Restrictions on visible emissions.

74:36:12:02 Exceptions to restrictions.

74:36:12:03 Exceptions granted to alfalfa palletizes or dehydrators.

74:36:12:01. Restrictions on visible emissions. The owner or operator of a source may not 

discharge into the ambient air from a single unit of emissions an air pollutant of a density equal to 

or greater than that designated as 20 percent opacity, as established by the Environmental 

Protection Agency's Method 9 in 40 C.F.R. Part 60, Appendix A (July 1, 2012).

Source: SL 1975, ch 16, § 1; transferred from § 34:10:03:01, 7 SDR 4, effective July 27, 

1980; transferred from § 44:10:03:01, effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective 

July 1, 1987; 17 SDR 170, effective May 13, 1991; transferred from § 74:26:03:01, 19 SDR 157, 

effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April 4, 

1999; 26 SDR 168, effective June 27, 2000; 31 SDR 101, effective January 2, 2005; 32 SDR 209, 

effective June 13, 2006; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 

2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6.

74:36:12:02. Exceptions to restrictions. The provisions of § 74:36:12:01 do not apply in 

the following circumstances:

(1) If the presence of uncombined water is the only reason for failure to meet the 

requirements of § 74:36:12:01;

(2) If smoke is emitted for the purpose of training or research and is approved by the 

department; and

(3) For brief periods during soot blowing, start-up, shut-down, and malfunctions.

Source: SL 1975, ch 16, § 1; transferred from § 34:10:03:03, 7 SDR 4, effective July 27, 

1980; transferred from § 44:10:03:03, effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective 

July 1, 1987; transferred from § 74:26:03:03, 19 SDR 157, effective April 22, 1993; 39 SDR 219, 

effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6.

74:36:12:03. Exceptions granted to alfalfa palletizes or dehydrators. The owner or 

operator of a facility that pelletizes or dehydrates alfalfa, or that does both, may discharge into the 

ambient air an air pollutant of a density no greater than 30 percent opacity, as established by the 

Environmental Protection Agency's Method 9 in 40 C.F.R. Part 60, Appendix A (July 1, 2012).
Source: 8 SDR 133, effective April 18, 1982; 11 SDR 151, effective May 12, 1985; 13 SDR 

129, 13 SDR 141, effective July 1, 1987; 17 SDR 170, effective May 13, 1991; transferred from 

§ 74:26:03:05, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 31 

SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 36 SDR 207, effective 

June 28, 2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6.

CHAPTER 74:36:13

CONTINUOUS EMISSION MONITORING SYSTEMS

Section

74:36:13:01 Secretary may require continuous emission monitoring systems (CEMS).

74:36:13:02 Minimum performance specifications for all continuous emission monitoring 

systems.

74:36:13:03 Reporting requirements.

74:36:13:04 Notice to department of exceedance.

74:36:13:05 Compliance determined by data from continuous emission monitor.

74:36:13:06 Compliance certification.

74:36:13:07 Credible evidence.

74:36:13:08 Compliance assurance monitoring.

74:36:13:01. Secretary may require continuous emission monitoring systems (CEMS).

The secretary may require major stationary air pollution sources to install, calibrate, operate, and 

maintain equipment approved by the department for the continuous monitoring and recording of 

emission data to determine compliance with a regulated air pollutant standard or where there is 

reason to believe there is a violation.

Source: 19 SDR 157, effective April 22, 1993.

General Authority: SDCL 34A-1-6, 34A-1-12.

Law Implemented: SDCL 34A-1-12.

74:36:13:02. Minimum performance specifications for all continuous emission 

monitoring systems. Minimum performance specifications for all continuous emission monitoring 

systems are those contained in 40 C.F.R. Part 60, Appendix B and 40 C.F.R. § 60.13 (July 1, 

2012).

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 26 

SDR 168, effective June 27, 2000; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective 

June 13, 2006; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6, 34A-1-12.

Law Implemented: SDCL 34A-1-12.

74:36:13:03. Reporting requirements. Owners or operators of those sources required to 

install continuous emission monitoring systems shall observe the reporting requirements contained 
in 40 C.F.R. § 60.7 (July 1, 2012). All records must be made available to the department on 

request.

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 26 

SDR 168, effective June 27, 2000; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective 

June 13, 2006; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6, 34A-1-12.

Law Implemented: SDCL 34A-1-12.

74:36:13:04. Notice to department of exceedance. Any emissions that exceed the 

standards listed in 40 C.F.R. Part 60 (July 1, 2012) or this article that are detected through 

continuous emission monitoring systems (CEMS) must be reported to the department within the 

time constraints as determined by the secretary in the permit to operate.

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 26 

SDR 168, effective June 27, 2000; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective 

June 13, 2006; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6, 34A-1-12.

Law Implemented: SDCL 34A-1-12.

74:36:13:05. Compliance determined by data from continuous emission monitor. The 

emissions data from a continuous emission monitor on a unit shall be used to monitor compliance. 

The compliance requirements for the continuous emission monitor data shall be placed in the 

conditions of the permit to operate.

Source: 19 SDR 157, effective April 22, 1993.

General Authority: SDCL 34A-1-6, 34A-1-12.

Law Implemented: SDCL 34A-1-12.

74:36:13:06. Compliance certification. Notwithstanding any other provision in any plan 

approved by the administrator, for the purpose of submission of compliance certifications an owner 

or operator may use monitoring as required under 40 C.F.R. § 70.6(a)(3) (July 1, 2012) and 

incorporated into a federally enforceable operating permit in addition to any specified compliance 

methods.

Source: 21 SDR 119, effective January 5, 1995; 31 SDR 101, effective January 2, 2005; 32 

SDR 209, effective June 13, 2006; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective 

June 25, 2013.

General Authority: SDCL 34A-1-6, 34A-1-12.

Law Implemented: SDCL 34A-1-12.

74:36:13:07. Credible evidence. Notwithstanding any other provision, any credible 

evidence may be used for the purpose of establishing whether a person has violated or is in 

violation of a plan. Credible evidence is as follows:

(1) Information from the use of the following methods is presumptively credible evidence of 

whether a violation has occurred at the source:
(a) A monitoring method approved for the source pursuant to 40 C.F.R. § 70.6(a)(3) (July 

1, 2012) and incorporated in a federally enforceable operating permit;

(b) Compliance methods specified in the applicable plan; and

(2) The following testing, monitoring, or information gathering methods are presumptively 

credible testing, monitoring, or information-gathering methods;

(a) Any federally enforceable monitoring or testing methods, including those in 40 C.F.R. 

Parts 51, 60, 61, and 75 (July 1, 2012);

(b) Other testing, monitoring, or information-gathering methods that produce information 

comparable to that produced by any method in subdivision (1) or (2)(a) of this section.

Source: 21 SDR 119, effective January 5, 1995; 26 SDR 168, effective June 27, 2000; 31 

SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 36 SDR 207, effective 

June 28, 2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6, 34A-1-12.

Law Implemented: SDCL 34A-1-12.

74:36:13:08. Compliance assurance monitoring. The owner or operator of a unit that is 

subject to 40 C.F.R. § 64.2 (July 1, 2012), must comply with 40 C.F.R. §§ 64.1 and 64.3 to 64.10, 

inclusive, (July 1, 2012).

Source: 25 SDR 123, effective April 4, 1999; 26 SDR 168, effective June 27, 2000; 31 SDR 

101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 36 SDR 207, effective June 

28, 2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6, 34A-1-12.

Law Implemented: SDCL 34A-1-12.

CHAPTER 74:36:14

VARIANCES

(Repealed. 23 SDR 106, effective December 29, 1996)

CHAPTER 74:36:15

OPEN BURNING

Section

74:36:15:01 Transferred.

74:36:15:02 and 74:36:15:03 Repealed.

74:36:15:01. Transferred to § 74:36:06:07.
74:36:15:02. Open burning practices permissible. Repealed.

Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from 

§§ 34:10:04:03, 34:10:04:04, 34:10:04:06, 34:10:04:07, 34:01:04:08, 34:10:04:08.01, and 

34:10:04:12, 7 SDR 4, effective July 27, 1980; transferred from §§ 44:10:04:03, 44:10:04:04, 

44:10:04:06, 44:10:04:07, 44:01:04:08, 44:10:04:09, and 44:10:04:13, effective July 1, 1981; 13 

SDR 129, 13 SDR 141, effective July 1, 1987; transferred from §§ 74:26:04:03, 74:26:04:04, 

74:26:04:06, 74:26:04:07, 74:26:04:08, 74:26:04:09, and 74:26:04:13, 19 SDR 157, effective 

April 22, 1993; 21 SDR 119, effective January 5, 1995; repealed, 23 SDR 106, effective December 

29, 1996.

74:36:15:03. Refuse burning in rural areas -- Conditions -- Restrictions. Repealed.

Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from 

§ 34:10:04:09, 7 SDR 4, effective July 27, 1980; transferred from § 44:10:04:10, effective July 1, 

1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; transferred from § 74:26:04:10, 19 SDR 

157, effective April 22, 1993; repealed, 23 SDR 106, effective December 29, 1996.

CHAPTER 74:36:16

ACID RAIN PROGRAM

Section

74:36:16:01 General provisions.

74:36:16:02 Allowance system.

74:36:16:03 Reserved.

74:36:16:04 Continuous emission monitoring.

74:36:16:05 Nitrogen oxides emission reduction.

74:36:16:01. General provisions. The following provisions are incorporated by reference: 

40 C.F.R. §§ 72.2 to 72.85, inclusive, (July 1, 2012) except for the following definitions in § 72.2: 

Environmental Appeals Board, EPA trial staff, ex parte communication, hearing clerk, presiding 

officer, and state operating permit program and except for §§ 72.4, 72.5, 72.6(c), 72.10, 72.12, 

72.13, 72.20, 72.23 to 72.25, inclusive, 72.60 to 72.71, inclusive, 72.73, and 72.74. For the 

purposes of this chapter, "administrator" means the secretary, except for those authorities which 

cannot be delegated to the state, in which case "administrator" means the administrator of the 

Environmental Protection Agency.

Source: 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April 4, 1999; 26 

SDR 168, effective June 27, 2000; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective 

June 13, 2006; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6, 34A-1-18.

Law Implemented: SDCL 34A-1-18.

74:36:16:02. Allowance system. The allowance system for the acid rain program is that in 

40 C.F.R. §§ 73.1 to 73.53, inclusive, (July 1, 2012).
Source: 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April 4, 1999; 26 

SDR 168, effective June 27, 2000; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective 

June 13, 2006; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6, 34A-1-18.

Law Implemented: SDCL 34A-1-18.

74:36:16:03. Reserved.

74:36:16:04. Continuous emission monitoring. The continuous emission monitoring 

requirements for the acid rain program are those in 40 C.F.R. §§ 75.1 to 75.67, inclusive, (July 1, 

2012) and Appendixes A to H, inclusive, to 40 C.F.R. Part 75 (July 1, 2012).

Source: 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April 4, 1999; 26 

SDR 168, effective June 24, 2000; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective 

June 13, 2006; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6, 34A-1-18.

Law Implemented: SDCL 34A-1-18.

74:36:16:05. Nitrogen oxides emission reduction. The nitrogen oxides emission reduction 

requirements for the acid rain program are those in 40 C.F.R. §§ 76.1 to 76.16, inclusive, (July 1, 

2012).

Source: 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April 4, 1999; 26 

SDR 168, effective June 27, 2000; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective 

June 13, 2006; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6, 34A-1-18.

Law Implemented: SDCL 34A-1-18.

CHAPTER 74:36:17

RAPID CITY STREET SANDING AND DEICING

Section

74:36:17:01 Applicability.

74:36:17:02 Reasonable available control technology.

74:36:17:03 Street sanding specifications.

74:36:17:04 Street sanding and deicing plan.

74:36:17:05 Street sanding and sweeping recordkeeping.

74:36:17:06 Inspection authority.

74:36:17:01. Applicability. This rule applies to the application of or removal of any street 

sanding or deicing materials on the streets in the Rapid City zone. The Rapid City zone comprises 

the streets within the city limits of Rapid City bordered on the west and south by the city limits, on 

the north by the southern right-of-way boundary of Interstate 90, and on the east by the eastern 

right-of-way boundary of Highway 79.
Source: 22 SDR 104, effective February 11, 1996.

General Authority: SDCL 34A-1-6, 34A-1-15.

Law Implemented: SDCL 34A-1-6, 34A-1-15, 34A-1-38.

74:36:17:02. Reasonable available control technology. Any operation to which this rule 

applies shall provide for reasonable available control technology to prevent the entrainment or 

reentrainment of road dust into the ambient air. Such controls include the following practices:

(1) For operations involving the application of street sanding material and deicing agents on 

paved roads:

(a) Utilizing forecasting of weather events to determine whether to pretreat roads with 

deicing agent or to apply no treatment;

(b) Monitoring street temperatures to determine if deicing agents or street sanding 

materials need to be applied;

(c) Limiting the application of street sanding material to intersections, inclined and 

curved roads, school zones, hospital zones, emergency routes, and fire station zones to the greatest 

extent possible; unless icy conditions exist; and

(d) The use of pretreatment deicing or antiskid agents in place of aggregate street sanding 

materials to the greatest extent possible;

(2) For operations involving the removal of street sanding and deicing agents from paved 

roads:

(a) Flushing core downtown streets with water, except where meteorological conditions 

endanger public safety; and

(b) Removing street sanding material from roads when road conditions become dry, using 

the most efficient cleaning devices on high traffic roads.

Source: 22 SDR 104, effective February 11, 1996.

General Authority: SDCL 34A-1-6, 34A-1-15.

Law Implemented: SDCL 34A-1-6, 34A-1-15, 34A-1-19, 34A-1-38.

74:36:17:03. Street sanding specifications. The following are the street sanding 

specifications to be used in the Rapid City zone:

(1) A durability or hardness as defined in Mohs scale of greater than 6 for 70 percent of the 

material applied to the streets for deicing or skid control;

(2) No more than 3 percent of the total particle material content by weight may pass through 

a No. 200 sieve as described in ASTM C136-93, "Standard Test Method for Sieve Analysis of Fine 

and Course Aggregates," November 1993.
For street sanding material, these criteria only apply to the material before the addition of 

salts or chemicals. Material of a lesser hardness may be used on inclined or curved roads for safety 

purposes or where it can be demonstrated that a material can provide at least a 25 percent reduction 

in air pollutants.

Source: 22 SDR 104, effective February 11, 1996.

General Authority: SDCL 34A-1-6, 34A-1-15.

Law Implemented: SDCL 34A-1-6, 34A-1-15, 34A-1-19, 34A-1-38.

References:

Page 49 and 50, Physical Geology the Structure and Processes of the Earth, 1982, B. 

Clark Burchfiel, et al, Charles E. Merrill Publishing Company. Copies may be obtained from the 

Department of Environment and Natural Resources free of charge.

Standard Test Method for Sieve Analysis of Fine and Course Aggregates, designation C

136-93, 4 pages, American Society for Testing and Materials, November 1993. Copies are 

available from ASTM, 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959. Cost: $15.

74:36:17:04. Street sanding and deicing plan. Any state, county, or municipal entity or 

their contractor with a street sanding or deicing operation in the Rapid City zone shall submit a 

plan to the department on April 15, 1996, and every three years following that date. The 

department shall approve or disapprove the plan within 60 days after receiving it, unless the 

department requests further information. The entity has 20 days to reply to a request for further 

information. The day the department receives the requested information initiates a new 60-day 

approval or disapproval period. The plan must include the following:

(1) A description of the reasonable available control technologies in § 74:36:17:02 that the 

entity intends to use;

(2) A description of how the requirements in § 74:36:17:03 will be attained;

(3) A description of the test methods used in determining attainment with § 74:36:17:03;

(4) An emissions inventory of the streets in the Rapid City zone;

(5) A map identifying street cleaning areas, frequency of cleaning, priorities, and the type of 

street cleaning device used in each area.

If elements of the approved plan change during the three year period, the entity shall submit 

the modifications to the department for approval. The procedure for approval or disapproval of the 

modifications is the same as the procedure for the original plan.

Source: 22 SDR 104, effective February 11, 1996.

General Authority: SDCL 34A-1-6, 34A-1-15.

Law Implemented: SDCL 34A-1-6, 34A-1-12, 34A-1-15, 34A-1-38.

74:36:17:05. Street sanding and sweeping recordkeeping. Operators of street sanding and 

sweeping equipment working in the Rapid City zone shall maintain records to document the street 

sanding and sweeping operations. These records shall be maintained for at least two years. These 

records shall contain the following documentation:

(1) Street sanding:
(a) Date;

(b) Sanding route and area;

(c) Street conditions;

(d) Type and amount of sanding material used; and

(e) Miles driven;

(2) Street sweeping:

(a) Date;

(b) Area cleaned; and

(c) Type of vehicle used.

Source: 22 SDR 104, effective February 11, 1996.

General Authority: SDCL 34A-1-6, 34A-1-15.

Law Implemented: SDCL 34A-1-6, 34A-1-12, 34A-1-15, 34A-1-38.

74:36:17:06. Inspection authority. The secretary may enter the storage site of any user of 

street sanding material covered by this chapter for the purpose of obtaining samples of materials, 

inspecting records, or conducting any inspection authorized under SDCL chapter 34A-1.

Source: 22 SDR 104, effective February 11, 1996.

General Authority: SDCL 34A-1-6, 34A-1-15.

Law Implemented: SDCL 34A-1-6, 34A-1-13, 34A-1-15, 34A-1-38, 34A-1-41.

CHAPTER 74:36:18

REGULATIONS FOR STATE FACILITIES IN THE RAPID CITY AREA

Section

74:36:18:01 Definitions.

74:36:18:02 Applicability.

74:36:18:03 Permit required.

74:36:18:04 Time period for permits and renewals.

74:36:18:05 Required contents of a complete application for a permit.

74:36:18:06 Contents of permit.

74:36:18:07 Permit expiration.

74:36:18:08 Renewal of permit.

74:36:18:09 Reasonably available control technology required.

74:36:18:10 Visible emissions limit for construction and continuous operation activities.

74:36:18:11 Exception to visible emission limit.

74:36:18:12 Notice of operating noncompliance -- Contents.

74:36:18:01. Definitions. Unless otherwise specified, the terms used in this chapter mean:
(1) "Construction activity," any temporary activity at a state facility, which involves the 

removal or alteration of the natural or pre-existing cover of one acre or more of land. One acre of 

surface area is based on a cumulative area of anticipated disturbance to be completed for the entire 

project;

(2) "Continuous operation activity," the following ongoing activities at a state facility that 

may cause fugitive emissions of particulate to be released into the ambient air:

(a) Unpaved parking lots and storage lots one acre or more in size;

(b) Paved parking lots to which deicing and traction materials are applied during adverse 

weather;

(c) Storage piles and activities associated with handling of the stock pile material;

(d) The applying of deicing and traction materials on and cleaning of streets, roads, and 

highways; and

(e) Any other ongoing activity as determined by the secretary that may cause such 

fugitive emissions;

(3) "Reasonably available control technology," a control technology for fugitive emissions 

of particulate determined on a case-by-case basis by the secretary to meet the requirements of this 

chapter, taking into account energy, the environment, economic impacts, and other costs;

(4) "Rapid City air quality control zone," a 10-mile by 14-mile area within the following 

boundaries:

(a) Commencing at the northwest corner of Section 15, Township 2 north, Range 6 east;

(b) East to the northeast corner of Section 14, Township 2 north, Range 8 east;

(c) South to the southeast corner of Section 35, Township 1 north, Range 8 east;

(d) West to the southwest corner of Section 34, Township 1 north, Range 6 east; and

(e) North to the point of beginning;

(5) "State facility," any state agency, state-owned or state-leased property, or property 

subject to a temporary state easement in the Rapid City air quality control zone; and

(6) "State contractor," any person under contract to provide services to a state facility 

including any person under contract to provide construction or continuous operation activities on 

state highways or the state interstate system within the Rapid city air quality control zone.

Source: 28 SDR 178, effective July 1, 2002.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6.

74:36:18:02. Applicability. The requirements of this chapter apply to state facilities and 

state contractors that conduct a construction activity or continuous operation activity in the Rapid 

City air quality control zone.

Source: 28 SDR 178, effective July 1, 2002.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-11, 34A-1-18, 34A-1-19, 34A-1-21, 34A-1-38.
74:36:18:03. Permit required. Beginning on August 1, 2002, no state facility or state 

contractor may engage in any construction activity or continuous operation activity within the 

Rapid City air quality control zone which may cause fugitive emissions of particulate to be 

released into the ambient air without first obtaining a permit issued by the board or the secretary. 

The secretary may extend the August 1, 2002, deadline for 60 days if circumstances warrant an 

extension.

Source: 28 SDR 178, effective July 1, 2002.

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

Law Implemented: SDCL 34A-1-21.

Note: The procedural requirements for obtaining a construction activity or continuous 

operation activity permit under this chapter will be the same as the procedural requirements for a 

minor source, such as a timely and complete application, completeness review, public 

participation, and department recommendation, as outlined in §§ 74:36:04:06 and 74:36:04:08 to 

74:36:04:14, inclusive.

74:36:18:04. Time period for permits and renewals. A construction activity or continuous 

operation activity permit is issued for a period up to five years and all subsequent permits are for 

periods of five years.

Source: 28 SDR 178, effective July 1, 2002; 39 SDR 219, effective June 25, 2013.

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

Law Implemented: SDCL 34A-1-21.

74:36:18:05. Required contents of a complete application for a permit. An application 

for a construction activity and continuous operation activity permit shall contain the following 

information to be considered complete:

(1) General company information, including the company name and address, the owner's 

name and agent, and the plant site manager or contact;

(2) Legal description and location of the construction or continuous operation activity, 

including a site map; 

(3) Description of the proposed construction or continuous operation activity, including 

nature and description of equipment used;

(4) Description of the reasonably available control technology used to control the fugitive 

emissions; and

(5) For construction activities, the proposed date for commencement and termination of the 

construction activity.

Source: 28 SDR 178, effective July 1, 2002; 39 SDR 219, effective June 25, 2013.

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

Law Implemented: SDCL 34A-1-21.

74:36:18:06. Contents of permit. The construction activity and continuous operation 

activity permit shall include the following:
(1) The signature of either the secretary or the chairman;

(2) The name of the person, company, political subdivision, agency, or institution granted a 

permit;

(3) The type of operation;

(4) The mailing address;

(5) The date the permit was granted and on which it will expire;

(6) A permit number;

(7) The name of a designated person or officer responsible for the permitted activity;

(8) A statement granting a permit by the board or secretary and any conditions that the board 

or secretary may impose to ensure compliance with the Act;

(9) Emission limits and standards necessary to assure compliance with applicable 

requirements of the Clean Air Act;

(10) Record keeping and reporting requirements;

(11) A severability clause to ensure the continued validity of the various permit 

requirements if any portion of the permit are challenged; and

(12) Provisions stating the following:

(a) The permittee must comply with all conditions of the permit. Any permit 

noncompliance constitutes a violation and is grounds for enforcement action, permit termination, 

revocation or modification, or for denial of a permit renewal application;

(b) The permit may be modified, revoked, or terminated for cause;

(c) The permit does not convey any property rights of any sort or any exclusive privilege; 

and

(d) The permittee shall provide any information requested in writing by the secretary to 

determine whether cause exists for modifying, revoking, or terminating the permit or to determine 

compliance.

Source: 28 SDR 178, effective July 1, 2002; 39 SDR 219, effective June 25, 2013.

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

Law Implemented: SDCL 34A-1-21.

74:36:18:07. Permit expiration. Permit expiration terminates the source's right to operate 

unless a timely and complete renewal application has been submitted to the secretary.

Source: 28 SDR 178, effective July 1, 2002.

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

Law Implemented: SDCL 34A-1-21.

74:36:18:08. Renewal of permit. Permits being renewed are subject to the same procedural 

requirements in §§ 74:36:04:06 and 74:36:04:08 to 74:36:04:14, inclusive, as the original permit 

issuance.

Source: 28 SDR 178, effective July 1, 2002.

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

Law Implemented: SDCL 34A-1-21.
74:36:18:09. Reasonably available control technology required. The owner or operator 

of a state facility or state contractor shall install and/or implement reasonably available control 

technology to prevent fugitive emissions of particulate from exceeding the visible emission limit 

specified in § 74:36:18:10.

Source: 28 SDR 178, effective July 1, 2002; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 1-26-20, 34A-1-53.

74:36:18:10. Visible emission limit for construction and continuous operation 

activities. The owner or operator of a state facility or state contractor may not discharge into the 

ambient air from a fugitive source an air pollutant of a density equal to or greater than that 

designated as 20 percent opacity for a series of two minute averages with a minimum of a total of 

six minutes of readings. The Environmental Protection Agency's Method 9 in 40 C.F.R. Part 60, 

Appendix A (July 1, 2012) shall be used to determine the opacity.

Source: 28 SDR 178, effective July 1, 2002; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-47, 34A-1-49.

74:36:18:11. Exception to visible emission limit. The provisions of § 74:36:18:10 do not 

apply if all three of the following meteorological conditions exist:

(1) Five consecutive days of 0.02 inches or less of precipitation each day excluding dry 

snow;

(2) Forecasted peak wind gusts greater than 40 miles per hour; and

(3) Forecasted average hourly wind speed greater than 20 miles per hour.

Source: 28 SDR 178, effective July 1, 2002; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6, 34A-1-19.

Law Implemented: SDCL 34A-1-12, 34A-1-19.

74:36:18:12. Notice of operating noncompliance -- Contents. If the secretary determines 

that the operation of a source is not in compliance with this article, the Clean Air Act, or permit 

conditions, the secretary may issue a notice of such a finding to the permit holder or operator of the 

source. The notice must contain citations to the rules, statutes, or permit conditions violated and 

the alleged facts upon which the determination is based.

Source: 28 SDR 178, effective July 1, 2002; 39 SDR 219, effective June 25, 2013.

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

Law Implemented: SDCL 1-26-27, 34A-1-21.

CHAPTER 74:36:19

MERCURY BUDGET TRADING PROGRAM

(Repealed. 36 SDR 207, effective June 28, 2010)
CHAPTER 74:36:20

CONSTRUCTION PERMITS FOR NEW SOURCES OR MODIFICATIONS

Section

74:36:20:01 Applicability.

74:36:20:02 Construction permit required.

74:36:20:02.01 Initiating construction prior to permit issuance.

74:36:20:03 Construction permit exemption.

74:36:20:04 Emission unit exemptions.

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 application for a construction permit.

74:36:20:08 Applicant required to supplement or correct application.

74:36:20:09 Permit application -- Completeness review.

74:36:20:10 Time period for department's recommendation.

74:36:20:11 Public participation in permitting process.

74:36:20:12 Public review of department's draft permit.

74:36:20:13 Final permit decision -- Notice to interested persons.

74:36:20:14 Right to petition for contested case hearing.

74:36:20:15 Contents of construction permit.

74:36:20:16 Administrative permit amendment.

74:36:20:17 Procedures for administrative permit amendments.

74:36:20:18 Reopening construction permit for cause.

74:36:20:19 Procedures to reopen construction permit.

74:36:20:20 Construction permit does not exempt from other requirements.

74:36:20:21 Expiration of a construction permit.

74:36:20:22 Notice of constructing or operating noncompliance -- Contents.

74:36:20:23 Petition for contested case or alleged violation.

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

74:36:20:01. Applicability. The requirements of this chapter apply to the construction of all 

new sources or modifications to existing sources.

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. Construction permit required. A person may not construct, install, modify, 

or operate any source or unit likely to cause the emission of air pollutants into the ambient air or 

any equipment that prevents or controls the emission of air pollutants into the ambient air until a 

construction permit has been issued by the board or the secretary, unless it meets the requirements 

in § 74:36:20:02.01.
Source: 36 SDR 207, effective June 28, 2010; 37 SDR 182, effective April 20, 2011.

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

Law Implemented: SDCL 34A-1-21.

74:36:20:02.01. Initiating construction prior to permit issuance. The owner or operator 

of a new source or modification to an existing source 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 construction permit application to the department 

in accordance with § 74:36:20:06;

(2) The owner or operator has submitted a notification to the department of its intentions to 

initiate construction prior to issuance of the construction permit five working days before initiating 

construction;

(3) The new source or modification to an existing source is not subject to chapter 74:36:09 

or 74:36:10. The provisions in chapter 74:36:09 or 74:36:10 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 potential to emit below the applicable thresholds in 

chapter 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 potential to emit below the applicable thresholds in § 74:36:08:03.01;

(5) The owner or operator must assume any liability for construction conducted on a source 

before the permit is issued and in no case will the applicant be allowed to operate the equipment in 

any way that may emit any air pollutant 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 national 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 imposed in the issued construction permit.

Source: 37 SDR 182, effective April 20, 2011.

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

Law Implemented: SDCL 34A-1-21.

74:36:20:03. Construction permit exemption. The following new sources or modifications 

to an existing source are exempt from obtaining a construction permit:

(1) A new source or modification to an existing source meeting the requirements of chapter 

74:36:09;
(2) A new source or modification to an existing source meeting the requirements of chapter 

74:36:10;

(3) A new source or modification to an existing source authorized under a general permit; or

(4) A source that meets the exemption requirements of §§ 74:36:04:02.01 and 74:36:05:04.

Source: 36 SDR 207, effective June 28, 2010.

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

Law Implemented: SDCL 34A-1-21.

74:36:20:04. Emission unit exemptions. The following emission units are exempt from 

inclusion in a construction permit unless the source has requested federally enforceable permit 

conditions related to the emission unit to avoid needing a Part 70 operating permit, PSD 

preconstruction permit, or NSR preconstruction permit or the emission unit is applicable to a 

standard in chapter 74:36:07 or 74:36:08:

(1) One or more incinerators of less than 100 pounds per hour combined burning capacity 

that combust municipal or household waste;

(2) A mobile internal combustion engine, including those in autos, trucks, tractors, 

airplanes, locomotives, and boats;

(3) Laboratory equipment used exclusively for chemical or physical analysis;

(4) A unit that has a heat input capability of not more than 3,500,000 Btus per hour, except 

for units fueled with wood or coal;

(5) An air conditioning or ventilating system not designed to remove air pollutants from 

equipment;

(6) Routine housekeeping or plant upkeep activities such as painting buildings, retarring 

roofs, or paving parking lots;

(7) A unit that has the potential to emit two tons or less per year of any criteria pollutant

before the application of control equipment. However, the criteria pollutant emissions from the 

unit must be included in determining whether the source is required to obtain a construction 

permit; and

(8) A unit that has the potential to emit two tons or less per year of any hazardous air 

pollutant before the application of control equipment. However, the hazardous air pollutant 

emissions from the unit must be included in determining whether the source is required to obtain a 

construction permit.

Source: 36 SDR 207, effective June 28, 2010.

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

Law Implemented: SDCL 34A-1-21.

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

new source or modification to an existing source may be issued only if it has been shown that the 
operation of the new source or modification to an existing source will not prevent or interfere with 

the attainment or maintenance of an applicable national ambient air quality standard. Compliance 

with this requirement as determined by air pollution dispersion modeling shall be based on 

modeling performed in accordance with 40 C.F.R. Part 51, Appendix W (July 1, 2012) and is not 

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

technique as defined in 40 C.F.R. § 51.100 (July 1, 2012). Each new source or modification to an 

existing source must comply with emission limits and other requirements of the act and the Clean 

Air Act. The construction permit must include reasonable conditions, including adherence to plans 

and specifications, to ensure compliance with the act, the Clean Air Act, and any other conditions 

justified under SDCL 34A-1-19.

Source: 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6, 34A-1-19, 34A-1-21.

Law Implemented: SDCL 34A-1-21.

74:36:20:06. Timely and complete application for a construction permit required. A 

person who constructs a new source or modification to an existing source required to have a 

construction permit shall submit a complete application to the department at least 180 days before 

the estimated date of commencing construction of the new source or modification to an existing 

source. An application is complete if it meets the requirements in § 74:36:20:07.

Source: 36 SDR 207, effective June 28, 2010.

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

Law Implemented: SDCL 34A-1-21.

74:36:20:07. Required contents of complete application for a construction permit. An 

application for a construction permit for a new source or modification must include the following 

information to be considered a complete application:

(1) The following general company information:

(a) The company name and address or the plant name and address if different from the 

company name;

(b) The owner's name and agent; and

(c) The plant site manager or contact;

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

(3) The following information on emissions:

(a) Identification and description of all emission units;

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

(c) Identification and description of air pollution control equipment;

(d) Limitations on source operation affecting emissions or any work practice standards, if 

applicable, for all regulated air pollutants;

(e) Other information required by any applicable requirements, including information 

related to stack height limits, such as the location of emission units, flow rates, building 

dimensions, and stack parameters, including height, diameter, and plume temperature, for all 

pollutants regulated at the source;
(4) If available, a copy of any prepared plans and the specifications of any equipment or 

other facilities that may affect the source, including pollution control devices;

(5) A signed and notarized certification of applicant form;

(6) The results of any air dispersion modeling required by the department;

(7) The results of any stack performance testing required by the department; and

(8) Any other information requested by the department that is relevant to determining 

compliance with the act or the Clean Air Act.

The application must be signed by the responsible official or designated representative.

Source: 36 SDR 207, effective June 28, 2010.

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

Law Implemented: SDCL 34A-1-12, 34A-1-21.

74:36:20:08. Applicant required to supplement or correct application. If the applicant is 

aware that the application is incomplete or that any relevant facts or information contained in an 

application are incorrect, the applicant shall submit the supplementary facts or corrected 

information. The applicant shall provide additional information as necessary to address 

requirements that become applicable after the application is filed but before the release of the draft 

permit.

Source: 36 SDR 207, effective June 28, 2010.

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

Law Implemented: SDCL 34A-1-21.

74:36:20:09. Permit application -- Completeness review. The department shall conduct a 

completeness review of each permit application received, as follows:

(1) Within 30 days after submission of an application for a construction permit, the 

department shall notify the applicant in writing whether or not the application is complete or 

incomplete. If the department does not notify the applicant that the application is incomplete within

30 days after receipt of the application, the application is considered complete. The department 

may at any time during the processing of the application request, in writing, additional information 

necessary to evaluate or take final action on the application;

(2) If the application is incomplete or additional information is necessary to evaluate the 

application, the department shall identify the items required to complete the application. The 

applicant has 20 working days after receipt of an incomplete notification or request for additional 

information to submit the information, unless an extension beyond the 20 working days is 

approved by the department; and

(3) The department shall determine the adequacy of the applicant's response to each 

incomplete item within 15 days after receipt of the response and shall notify the applicant in 

writing if the application is or is not complete.

Source: 36 SDR 207, effective June 28, 2010.

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

74:36:20:10. Time period for department's recommendation. The department shall 

recommend issuance or denial of a construction permit within 180 days after the submission of a 

complete application and all other additional information necessary for the department to make an 

informed decision. A recommendation to issue a permit shall include a draft permit with 

appropriate conditions to ensure compliance with the act or the Clean Air Act. Failure of the 

department to act on an application entitles the applicant to petition for and obtain a contested case 

review of the application without waiting for a department recommendation. The petition must 

conform to the requirements of article 74:09.

Source: 36 SDR 207, effective June 28, 2010.

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

Law Implemented: SDCL 34A-1-21.

74:36:20:11. Public participation in permitting process. The department shall mail a 

copy of the draft permit to the applicant. The department shall publish a public notice of the draft 

permit once in a legal newspaper in the county where the source is located. The notice must 

include a brief statement describing the source and where it is located; the department's 

recommendation and the reasons for it; the activity or activities involved in the permit action; a 

statement that a person may submit comments or contest the draft permit within 30 days after the 

publication of the notice; a description of the procedures a person must follow to contest the draft 

permit and request a hearing in accordance with article 74:09; and a statement describing where 

copies of the draft permit or other information may be obtained. The department shall provide to 

the interested parties a 30-day notice of any hearing to contest a draft permit.

Source: 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013.

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

Law Implemented: SDCL 1-26-27, 34A-1-21.

74:36:20:12. Public review of department's draft permit. During the public comment 

period, any interested person may submit written comments on the draft permit or request a 

contested case hearing. All comments shall be considered in making a final permit decision on the 

draft permit as provided in § 74:36:20:13. A request for a contested case hearing must be in writing 

and prepared and filed in accordance with article 74:09. The department is not required to accept 

recommendations or comments that are not based on applicable requirements of this article or the 

requirements of the Clean Air Act.

Source: 36 SDR 207, effective June 28, 2010.

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

Law Implemented: SDCL 34A-1-21.

74:36:20:13. Final permit decision -- Notice to interested persons. The department shall

make its final permit decision within 30 days of the end of the public comment period on a draft 

permit. The department shall notify, in writing, the applicant and each person that submitted 

written comments or requested notice of the final permit decision. The notice shall include 

reference to the procedures for contesting the final permit decision and requesting a hearing in 
accordance with article 74:09. For the purpose of this section, the final permit decision means 

proposing a permit or denying a permit.

The final permit shall be issued within 30 days of notifying the applicant and each person 

that submitted written comments or requested notification of the final permit decision except under 

the following conditions:

(1) A later effective date is specified in the final permit decision;

(2) A contested case hearing is requested; or

(3) No comments or request for changes in the draft permit were received during the public 

comment period on the draft permit. In this case, the draft permit automatically becomes the final 

permit decision and the final permit is issued at the end of the public comment period.

Source: 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013.

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

Law Implemented: SDCL 1-26-27, 1-26-29, 34A-1-21.

74:36:20:14. Right to petition for contested case hearing. The applicant or interested

person may petition the board and obtain a contested case hearing to dispute the department's draft 

permit. Any other person may petition to intervene and request a hearing if the person has an 

interest affected by the department's draft permit. Such petitions must comply with the provisions 

of article 74:09 and be received by the department within 30 days after publication of the notice 

required by § 74:36:20:11.

The applicant or an interested person that comments on the draft permit may petition the 

board for and obtain a contested case hearing to dispute the department's final permit decision. 

Such petitions must comply with the provisions of article 74:09 and be received by the department 

within 30 days after receiving the department's final permit decision.

If the draft permit or the final permit decision is contested, the department shall present the 

draft permit or final permit decision to the board for action in accordance with article 74:09.

Source: 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013.

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

Law Implemented: SDCL 1-26-27, 1-26-29, 34A-1-21.

74:36:20:15. Contents of construction permit. A construction permit shall include the 

following:

(1) The signature of either the secretary or the chairman;

(2) The name of the person, company, political subdivision, agency, or institution granted a 

permit;

(3) The type of operation;

(4) The facility and mailing address;

(5) The date the construction permit was granted;

(6) A number for administrative reference;

(7) The timeline for submitting a timely and complete application for a minor source 

operating permit or Part 70 source operating permit;
(8) A statement granting a construction permit by the board or secretary and any conditions 

that the board or secretary may impose to ensure compliance with the act and the Clean Air Act;

(9) Emission limits and standards, including operational requirements and limits for all 

regulated emission units, necessary to ensure compliance with applicable requirements of the act 

and the Clean Air Act;

(10) Monitoring, recordkeeping, and reporting requirements necessary to determine 

compliance with the construction permit;

(11) A severability clause to ensure the continued validity of the various permit 

requirements if any portions of the permit are challenged; and

(12) Provisions stating the following:

(a) The permittee must comply with all conditions of the permit. Any permit 

noncompliance constitutes a violation and is grounds for enforcement action;

(b) The construction permit does not convey any property rights of any sort or any 

exclusive privilege; and

(c) The permittee shall provide any information, including records, requested in writing 

by the department to determine compliance.

Source: 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013.

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

Law Implemented: SDCL 34A-1-21.

74:36:20:16. Administrative permit amendment. An administrative permit amendment 

may be issued for a revision to an operating permit meeting the requirements of § 74:36:01:03. An 

application for an administrative permit amendment shall contain a description of the change and 

documentation supporting the applicant's claim that the revision qualifies as an administrative 

permit amendment.

Source: 36 SDR 207, effective June 28, 2010.

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

Law Implemented: SDCL 34A-1-21.

74:36:20:17. Procedures for administrative permit amendments. The source may 

implement a proposed revision that is considered an administrative permit amendment 

immediately upon notifying the department. The department shall determine whether an 

administrative permit amendment is applicable to the proposed revision within 15 days of 

receiving a request for a permit revision. The department shall issue administrative permit 

amendments without the procedural requirements applicable to obtaining a construction permit.

Source: 36 SDR 207, effective June 28, 2010.

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

Law Implemented: SDCL 34A-1-21.

74:36:20:18. Reopening construction permit for cause. The department may reopen a 

construction permit for further review if the department determines that the permit contains a 

material mistake in establishing the emissions standards or limits or other requirements of the 

construction permit or the department determines that the construction permit must be revised to 

ensure compliance with the applicable requirements of this article and the Clean Air Act.
Source: 36 SDR 207, effective June 28, 2010.

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

Law Implemented: SDCL 34A-1-21.

74:36:20:19. Procedures to reopen construction permit. The department shall notify the 

source at least 30 days before reopening a construction permit. The department may reopen a 

permit in a shorter time in an emergency. The procedures to reopen a construction permit shall 

follow the procedural requirements to issue a construction permit and shall affect only those parts 

of the permit for which cause to reopen exists.

Source: 36 SDR 207, effective June 28, 2010.

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

Law Implemented: SDCL 34A-1-21.

74:36:20:20. Construction permit does not exempt from other requirements. The 

issuance of a construction permit for a new source or modification to an existing source does not 

exempt the new source or modification to an existing source from obtaining the applicable

operating permit pursuant to chapter 74:36:04 or 74:36:05 or from the obligation to comply with 

the applicable emission limitations or requirements of the Clean Air Act.

Source: 36 SDR 207, effective June 28, 2010.

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

Law Implemented: SDCL 34A-1-21.

74:36:20:21. Expiration of a construction permit. A construction permit expires if the 

construction of the new source or modification to an existing source has not commenced within 18 

months after the effective date of the construction permit, if construction is discontinued for a 

period of 18 months or more, or if construction is not completed within ten years of the effective 

date. If a construction permit expires, the applicant's authority to commence construction or 

complete construction of the new source or modification to an existing source is terminated.

Source: 36 SDR 207, effective June 28, 2010.

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

Law Implemented: SDCL 34A-1-21.

74:36:20:22. Notice of constructing or operating noncompliance -- Contents. If the 

department determines that the construction or operation of a source is not in compliance with this 

article, the Clean Air act, or permit conditions, the department may issue a notice of such a finding 

to the permit holder or operator of the source. The notice must contain citations to the rules, 

statues, or permit conditions violated and the alleged facts upon which the determination is based. 

The secretary, with the concurrence of the alleged violator, may settle an issue of noncompliance 

by entering into a compliance agreement with the source that specifies the date for final 

compliance of the source and any penalties under SDCL 34A-1-39. If a compliance agreement is 

not negotiated, the department may petition the chairman of the board for a contested case hearing 

or may file a civil penalty or injunctive action in circuit court.

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

Law Implemented: SDCL 34A-1-20, 34A-1-53.

74:36:20:23. Petition for contested case on alleged violation. In accordance with 

§ 74:36:20:22, the department may file a petition containing the information required in article 

74:09 with the chairman to request an order directing corrective action, to request that an 

enforcement hearing be scheduled pursuant to the provisions of chapter 74:09:01, or to request that 

the construction permit be suspended or revoked for noncompliance.

Source: 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-47, 34A-1-49.

74:36:20:24. Circumvention of emissions not allowed. A person may not install or cause 

the installation or use of a device or a means that conceals or dilutes an emission of air pollutants 

that would otherwise violate this article or the Clean Air Act. This includes operating a source, 

unit, or control device that emits pollutants into the ambient air from an opening other than the 

stack, vent, or equivalent opening from which they were designed to be emitted.

Source: 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

CHAPTER 74:36:21

REGIONAL HAZE PROGRAM

Section

74:36:21:01 Applicability.

74:36:21:02 Definitions.

74:36:21:03 Existing stationary facility defined.

74:36:21:04 Visibility impact analysis.

74:36:21:05 BART determination.

74:36:21:06 BART determination for a BART-eligible coal-fired power plant.

74:36:21:07 Installation of controls based on visibility impact analysis or BART determination.

74:36:21:08 Operation and maintenance of controls.

74:36:21:09 Monitoring, recordkeeping, and reporting.

74:36:21:10 Permit to construct.

74:36:21:11 Permit required for BART determination.

74:36:21:12 Federal land manager notification and review.

74:36:21:01. Applicability. The provisions of this chapter apply to the owner or operator of 

a new major source, modification to a major source, and a BART-eligible source. The provisions 

of this chapter do not apply to a major source or major modification to an existing source 

applicable to chapters 74:36:09 and 74:36:10.
Source: 37 SDR 111, effective December 7, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6.

74:36:21:02. Definitions. Unless otherwise specified, the terms used in this chapter mean:

(1) "Adverse impact on visibility," visibility impairment that interferes with the 

management, protection, preservation, or enjoyment of the visitor's visual experience of the 

mandatory Class I federal area. Adverse impact on visibility shall be based on a case-by-case basis

taking into account the geographic extent, intensity, duration, frequency, and time of visibility 

impairment, and how these factors correlate with times of visitor use of a mandatory Class I federal

area and the frequency and timing of natural conditions that reduce visibility;

(2) "BART," best available retrofit technology;

(3) "Best available retrofit technology" an emission limitation based on the degree of 

reduction achievable through the application of the best system of continuous emission reduction 

for each pollutant that is emitted by an existing stationary facility. The emission limitation must be 

established, on a case-by-case basis, taking into consideration the technology available, the costs of 

compliance, the energy and nonair quality environmental impacts of compliance, any pollution 

control equipment in use or in existence at the source, the remaining useful life of the source, and 

the degree of improvement in visibility that may reasonable be anticipated to result from the use of 

such technology;

(4) "BART-eligible source," an existing stationary facility;

(5) "Coal-fired power plant," any person, corporation, limited liability company, association, 

company, partnership, political subdivision, municipality, rural electric cooperative, consumers 

power district, or any group or combination acting as a unit, owning or holding under lease, or 

otherwise real property used, or intended for use, for the conversion of coal into electric power;

(6) "Contribute to adverse impact on visibility," a change in visibility impairment in a 

mandatory Class I federal area of five-tenths deciviews or more, based on a 24-hour average, above 

the average natural visibility baseline. A source exceeds the threshold if the 98th percentile (eighth 

highest value) of the modeling results, based on one year of the three years of meteorological data 

modeled, equals or exceeds five-tenths deciviews;

(7) "Major source," as defined in § 74:36:01:08(2) and (3);

(8) "Mandatory Class I federal area," any area identified in 40 C.F.R. § 81, Subpart D (July 

1, 2012);

(9) "Visibility impairment," any human perceptible change in visibility such as light 

extinction, visual range, contrast, coloration, from that which would have existed under natural 

conditions;

(10) "30-day rolling average," expressed as pounds per million Btus and pounds per hour 

and calculated in accordance with the following procedures:
(a) Sum the total pounds of pollutant in question emitted from a unit during an operating 

day and the previous 29 operating days;

(b) Sum the total heat input to the unit in million Btus during the operating day and the 

previous 29 operating days;

(c) Sum the total hours the unit operated in hours during the day and the previous 29 

operating days;

(d) For pounds per million Btus, divide the total number of pounds of the pollutant 

emitted during the 30-day operating days by the total heat input during the 30-day operating days;

(e) For pounds per hour, divide the total number of pounds of the pollutant emitted 

during the 30-day operating days by the total hours operated during the 30-day operating days.

A new 30-day rolling average shall be calculated for each new operating day. Each 30-day 

rolling average shall represent all emissions, including emissions that occur during periods of 

startup, shut down, and malfunction; and

(11) "Operating day," a 24-hour period between 12 midnight and the following midnight 

during which any fuel is combusted at any time in the unit. It is not necessary for fuel to be 

combusted the entire 24-hour period.

Source: 37 SDR 111, effective December 7, 2010; 38 SDR 39, effective September 19, 

2011; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6.

74:36:21:03. Existing stationary facility defined. An existing stationary facility is any of 

the following stationary sources of air pollutants, including any reconstructed source that was not 

in operation before August 7, 1962, and was in existence on August 7, 1977, and has the potential 

to emit 250 tons per year or more of any air pollutant. In determining potential to emit, fugitive 

emissions, to the extent quantifiable, must be counted for:

(1) Fossil-fuel fired steam electric plants of more than 250 million British thermal units per 

hour heat input;

(2) Coal cleaning plants (thermal dryers);

(3) Kraft pulp mills;

(4) Portland cement plants;

(5) Primary zinc smelters;

(6) Iron and steel mill plants;

(7) Primary aluminum ore reduction plants;

(8) Primary copper smelters;

(9) Municipal incinerators capable of charging more than 250 tons of refuse per day;

(10) Hydrofluoric, sulfuric, and nitric acid plants;

(11) Petroleum refineries;

(12) Lime plants;
(13) Phosphate rock processing plants;

(14) Coke oven batteries;

(15) Sulfur recovery plants;

(16) Carbon black plants (furnace process);

(17) Primary lead smelters;

(18) Fuel conversion plants;

(19) Sintering plants;

(20) Secondary metal production facilities;

(21) Chemical process plants;

(22) Fossil-fuel boilers of more than 250 million British thermal units per hour heat input;

(23) Petroleum storage and transfer facilities with a capacity exceeding 300,000 barrels;

(24) Taconite ore processing facilities;

(25) Glass fiber processing plants; and

(26) Charcoal production facilities.

Source: 37 SDR 111, effective December 7, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6.

74:36:21:04. Visibility impact analysis. The owner or operator of a new major source or 

modification to a major source shall demonstrate to the department that the potential to emit from 

the new major source or modification to a major source will not contribute to adverse impact on 

visibility in any mandatory Class I federal area. The demonstration shall be based on visibility 

models approved in 40 C.F.R. § 51, Subpart W (July 1, 2012).

Source: 37 SDR 111, effective December 7, 2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6.

74:36:21:05. BART determination. The owner or operator of a BART-eligible source that 

emits any air pollutant which may reasonably be anticipated to contribute to adverse impact on 

visibility in any mandatory Class I federal area shall submit a BART determination. The BART 

determination shall follow the procedures outlined in 40 C.F.R. § 51, Subpart Y (July 1, 2012) and 

must be based on an analysis of the best system of continuous emission control technology 

available and associated emission reductions achievable for each BART-eligible source. In this 

analysis, the BART determination must take into consideration the technology available, the costs 

of compliance, the energy and nonair quality environmental impacts of compliance, any pollution 

control equipment in use at the source, the remaining useful life of the source, and the degree of 

improvement in visibility that may reasonably be anticipated to result from the use of such 

technology. The BART determination shall be submitted within nine months after being notified 

by the department that the existing stationary source is reasonably anticipated to contribute to 

adverse impact on visibility in any mandatory Class I federal area.

Source: 37 SDR 111, effective December 7, 2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6.
74:36:21:06. BART determination for a BART-eligible coal-fired power plant. The 

owner or operator of a BART-eligible coal-fired power plant may not cause or permit emissions of 

the following regulated air pollutant in excess of the following amounts:

(1) PM10 emissions in excess of 67.3 pounds per hour, which includes periods of startup 

and shutdown;

(2) PM10 emissions in excess of 0.012 pounds per million Btus, which includes periods of 

startup and shutdown;

(3) Sulfur dioxide emissions in excess of 505 pounds per hour, which includes periods of 

startup, shutdown, and malfunction;

(4) Sulfur dioxide emissions in excess of 0.09 pounds per million Btus, which includes

periods of startup, shutdown, and malfunction;

(5) Nitrogen oxide emissions in excess of 561 pounds per hour, which includes periods of 

startup, shutdown, and malfunction; and

(6) Nitrogen oxide emissions in excess of 0.10 pounds per million Btus, which includes

periods of startup, shutdown, and malfunction.

Compliance with the PM 10 emission limits shall be based on an annual stack performance 

test using the performance testing methods in § 74:36:11:01 and using the average of three 1-hour 

test runs. Compliance with the sulfur dioxide and nitrogen oxide emission limits shall be based on 

using continuous emission monitoring systems and a 30-day rolling average.

Source: 37 SDR 111, effective December 7, 2010; 38 SDR 39, effective September 19, 

2011.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6.

74:36:21:07. Installation of controls based on visibility impact analysis or BART 

determination. The owner or operator of a new major source, modification to a major source, or a 

BART-eligible source that emits any air pollutant which may reasonably be anticipated to 

contribute to adverse impact on visibility in any mandatory Class I federal area shall install, 

operate, and maintain the controls established in a visibility impact analysis or BART 

determination. The owner or operator of a new major source or modification to a major source 

must install and operate the controls established in a visibility impact analysis at initial startup. The 

owner or operator of a BART-eligible source required to install BART must install, operate, and 

demonstrate compliance with BART as expeditiously as practicable, but no later than five years 

from EPA's approval of the state implementation plan for regional haze.

Source: 37 SDR 111, effective December 7, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6.
74:36:21:08. Operation and maintenance of controls. The owner or operator required to 

install and operate controls established in a visibility impact analysis or BART determination shall 

establish written procedures to ensure the control equipment is properly operated and maintained. 

The written procedures shall include, at a minimum, the following:

(1) A maintenance schedule for each control device that is consistent with the 

manufacturer's instructions and recommendations for routine and long-term maintenance;

(2) Procedures for the proper operation and maintenance of each control device; and

(3) Parameters to be monitored to determine each control device is being operated properly.

Source: 37 SDR 111, effective December 7, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6.

74:36:21:09. Monitoring, recordkeeping, and reporting. The owner or operator required 

to install and operate controls established in a visibility impact analysis or BART determination 

shall conduct periodic monitoring, recordkeeping, and reporting. All sulfur dioxide and nitrogen 

oxides emissions from the BART-eligible source shall be routed to the main stack of a BARTeligible source. The owner or operator of a BART-eligible source shall install, certify, maintain, 

calibrate, and operate a continuous emission monitoring system for sulfur dioxide and nitrogen

oxide in accordance with 40 C.F.R. Part 75 (July 1, 2012), except the recordkeeping and reporting 

requirements for the continuous emission monitoring systems shall be in accordance with 40 

C.F.R. § 60.7 (July 1, 2012). Monitoring and related recordkeeping and reporting requirements for 

other air pollutants from a BART-eligible source or from a major source or modification of a major 

source shall consist of at least the following:

(1) All emissions monitoring and analysis procedures, alternative approved methods, or test 

methods required in determining compliance with §§ 74:36:21:04 and 74:36:21:06;

(2) As necessary, documentation of the use, maintenance, and if appropriate, installation of

monitoring equipment or methods;

(3) Documentation of the following:

(a) The date, place, and time of sampling or measurements;

(b) The date or dates analyses were performed;

(c) The company or entity that performed the analyses;

(d) The analytical techniques or methods used;

(e) The results of such analyses; and

(f) The operating conditions as existing at the time of sampling or measurement;

(4) Recordkeeping and reporting requirements that comply with the following:

(a) Submission of reports of any required monitoring must occur at least every six 

months. Reports must clearly identify all exceedances with §§ 74:36:21:04 and 74:36:21:06. All 

required reports must be certified by a responsible official; and
(b) Exceedances of §§ 74:36:21:04 and 74:36:21:06, including those attributable to upset 

conditions. The probable cause of such exceedance and any corrective actions or preventive 

measures taken must be promptly reported and certified by a responsible official; and

(5) Requirements for retention of monitoring records and all supporting documentation for 

at least five years from the date of the monitoring sample, measurement, report, or application.

Source: 37 SDR 111, effective December 7, 2010; 38 SDR 39, effective September 19, 

2011; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6.

74:36:21:10. Permit to construct. The owner or operator subject to this chapter may be 

issued a permit to construct in accordance with chapter 74:36:20 if the department determines that 

the new major source or modification to a major source does not contribute to adverse impact on 

visibility at a mandatory Class I federal area.

Source: 37 SDR 111, effective December 7, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6.

74:36:21:11. Permit required for BART determination. The owner or operator of a 

BART-eligible source shall submit an application in accordance with chapter 74:36:20 to include 

the controls, emission limits, monitoring, recordkeeping, and reporting requirements identified in 

the BART determination and approved by the department.

Source: 37 SDR 111, effective December 7, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6.

74:36:21:12. Federal land manager notification and review. The department shall 

provide written notice to the federal land manager of a BART determination or any permit 

application for a new major source or modification to a major source if the emissions from which 

may contribute to adverse impact on visibility at a mandatory Class I federal area, except for an 

application submitted in accordance with chapter 74:36:09 or 74:36:10. A notification of a BART 

determination shall include a copy of the BART determination and must be submitted within 30 

days of receipt of a complete BART determination. The department shall consider an analysis 

performed by the federal land manager submitted within 60 days of the federal land manager being 

notified of a BART determination or by the end of the public participation process, whichever is 

later. A permit application for a new major source or modification to a major source shall include a 

copy of the permit application and visibility impact analysis. The department shall consider an 

analysis performed by the federal land manager submitted within 30 days of the federal land 

manager being notified of a visibility impact analysis or by the end of the public participation 

process, whichever is later. The department shall follow the procedures outlined in chapter 

74:36:09 or 74:36:10 for an application submitted in accordance with chapter 74:36:09 or 

74:36:10.

Source: 37 SDR 111, effective December 7, 2010.
General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6.