• 

• 

• 

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, (Ally 1, 2996 July l, 2009). 

Source: 33 SDR 217, effective June 13, 2007. 

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, (Ally 1, 2996 July l, 2009) . 

Source: 33 SDR 217, effective June 13, 2007. 

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, (Ally 1, 2996 July l, 2009). 

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-l-18 . 

163 
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, (Jal-y 1, 2006 July 1, 2009). 

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-l-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, (Jal-y 1, • 

;w06 July 1, 2009). 

Source: 33 SDR 217, effective June 13, 2007. 

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, (Jul-y 1, 2006 July 1, 2009). 

Source: 33 SDR 217, effective June 13, 2007. 

164 

• 
• 

• 

• 

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, 2QQ6 July 1, 2009). 

Source: 33 SDR 217, effective June 13, 2007. 

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, 2QQ6 July 1, 2009). 

Source: 33 SDR 217, effective June 13, 2007. 

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, 2006 July 1, 

2009) . 

165 
Source: 33 SDR 217, effective June 13,2007. 

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, 2006 July 1, 2009). 

Source: 33 SDR 217, effective June 13, 2007. 

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, 2006 July 1, 2009). 

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

!66 

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• 
• 

• 

• 

74:36:07:69. Standards of performance for industrial surface coating -- Large 

appliances. The standards of perfonnance for industrial· surface coating of large appliances are 

those in 40 C.F.R. §§ 60.450 to 60.456, inclusive, (Ally 1, 2006 July 1. 2009). 

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:07:70. Standards of performance for metal coil surface coating. The standards 

of perfonnance for metal coil surface coating are those in 40 C.F.R. §§ 60.460 to 60.466, 

inclusive, (J1:1ly 1, 2006 July 1, 2009) . 

Source: 33 SDR 217, effective June 13, 2007. 

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 perfonnance for asphalt processing and asphalt roofing 

manufacture are those in 40 C.F.R. §§ 60.470 to 60.474, inclusive, (J1:1ly 1, 2006 July I, 2009). 

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18 . 

167 
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, (Ally 1, 2009 July 1, 2009). 

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-l-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, 2009 July 1, 2009). • 

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-l-18. 

74:36:07:74. Standards of performance for volatile organic 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, (Jaly 1, 2009 July 1, 2009). 

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

168 

• 
• Law Implemented: SDCL 34A-l-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, 2.906 July 1, 2009). 

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-l-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, (Jely 1, 2006 July 1, 2009). 

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-l-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, 2009) . 

169 
Source: 

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-l-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, (Ally 1, 2GG6 July l, 2009). 

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-l-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, (Itlly 1, 2GG6 July l, 2009). 

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-l-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 

170 

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• 

• 
• 

• 

• 

natural gas processing plants are those in 40 C.F.R. §§ 60.630 to 60.636, inclusive, (Ally 1, 2QQ6 

July 1' 2009). 

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-l-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, 2006 July 1, 2009) . 

Source: 33 SDR 217, effective June 13, 2007. 

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, (Ally 1, 2Q06 July 1, 2009). 

Source: 33 SDR 217, effective June 13,2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-l-18 . 

171 
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, 2006 July 1, 2009). 

· Source: 33 SDR 217, effective June 13, 2007. 

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, 2006 July 1. 2009). • 

Source: 33 SDR 217, effective June 13,2007. 

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, (J1:11y 1, 2006 July 1, 2009). 

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

172 

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• 

• 

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.P.R.§ 60, Subpart AAAA (July 1, 2006 July 

1, 2009). 

Source: 33 SDR 217, effective June 13, 2007. 

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.P.R. § 60, Subpart 

ecce (Jl:lly 1, 2006 July 1. 2009). 

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18 . 

173 
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 (Ally 1, 2QQ€i July 1, 2009). 

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-l-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 (All-y 1, 2QQ6 July 1, 2009). A • 

source subject to this subpart is exempt from the obligation to obtain a Part 70 operating permit 

provided the source is not required to obtain a Part 70 operating permit for a reason other than 

the source is subject to this subpart. 

Source: 33 SDR 217, effective June 13, 2007. 

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, (Ally 1, 2QQ€i July 1, 2009). 

174 

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• 

• 

Source: 33 SDR 217, effective June 13, 2007. 

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 turbines. The standards of performance for stationary spark combustion turbines 

are those in 40 C.F.R. § 60 Subpart JJJJ (July 1, 2009). A source subject to this subpart is 

exempt from the obligation to obtain a Part 70 operating permit provided the source is not 

required to obtain a Part 70 operating permit for a reason other than the source is subject to this 

subpart . 

Source: 

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 defmed. 

175 
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. 

74:36:08:03 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 

74:36:08:04 

74:36:08:05 

74:36:08:06 

accordance with Clean Air Act sections 112(g) and 1120). 

National perchloroethylene air emission standards for dry cleaning facilities. 

National emission standards for organic hazardous air pollutants from the 

synthetic organic chemical manufacturing industry. 

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. 

• 

176 
• 74:36:08:12 

74:36:08:13 

74:36:08:14 

74:36:08:15 

74:36:08:16 

74:36:08:17 

74:36:08:18 

74:36:08:19 

74:36:08:20 

separators. 

National emission standards for gasoline distribution facilities (bulk gasoline 

terminals and pipeline breakout stations). 

National emission standards for halogenated solvent cleaning. 

National emission standards for wood furniture manufacturing operations. 

National emission standards for aerospace manufacturing. 

National emission standards for tanks. 

National emission standards for containers. 

National emission standards for surface impoundments. 

National emission standards for individual drain systems. 

National emission standards for oil-water separators and organic-water 

• 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. 

74:36:08:02.02 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. 

74:36:08:21 

74:36:08:22 

74:36:08:23 

74:36:08:24 

National emission standards for hazardous air pollutants from the portland 

cement manufacturing industry. 

National emission standards for hazardous air pollutants for pesticide active 

ingredient production. 

National emission standards for the printing and publishing industry. 

National emission standards for oil and natural gas production facilities. 

177 
74:36:08:25 

74:36:08:26 

74:36:08:27 

74:36:08:28 

74:36:08:29 

74:36:08:30 

74:36:08:31 

74:36:08:32 

facilities. 

74:36:08:33 

manufacturing. 

74:36:08:34 

74:36:08:35 

operations. 

74:36:08:36 

74:36:08:37 

74:36:08:38 

74:36:08:39 

74:36:08:40 

National emission standards for natural gas transmission and storage facilities. 

National emission standards for secondary aluminum production. 

National emission standards for publicly owned treatment works. 

National emission standards for solvent extraction for vegetable oil production. 

National emission standards for paper and other web coating. 

National emission standards for municipal solid waste landfills. 

National emission standards for surface coating of metal furniture. 

National emission standards for integrated iron and steel manufacturing 

National emission standards for brick and structural clay products 

National emission standards for asphalt processing and asphalt roofing 

manufacturing. 

National emission standards for flexible polyurethane foam fabrication 

National emission standards for engine test cells/stands. 

National emission standards for surface coating of miscellaneous metal parts 

and products. 

National emission standards for reinforced plastic composites production. 

National emission standards for stationary combustion turbines. 

National emission standards for stationary reciprocating internal combustion 

engines. 

178 

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• 
• 

• 

• 

74:36:08:41 

74:36:08:42 

74:36:08:43 

74:36:08:44 

74:36:08:45 

74:36:08:46 

74:36:08:47 

74:36:08:48 

74:36:08:49 

74:36:08:50 

74:36:08:51 

74:36:08:52 

74:36:08:53 

74:36:08:54 

74:36:08:55 

74:36:08:56 

74:36:08:57 

74:36:08:58 

National emission standards for industrial, commercial, and institutional boilers 

and process heaters. 

National emission standards for polyvinyl chloride and copolymers production. 

National emission standards for coke oven batteries. 

National emission standards for pulp and paper industry. 

National emission standards for group I polymers and resins. 

National emission standards for epoxy resins production and non-nylon 

polyamides production. 

National emission standards for secondary lead smelting. 

National emission standards for phosphoric acid manufacturing plants. 

National emission standards for phosphate fertilizers production plants. 

National emission standards for petroleum refineries. 

National emission standards for off-site waste and recovery operations. 

National emission standards for magnetic tape manufacturing operations. 

National emissimi standards for primary aluminum reduction plants. 

National emission standards for chemical recovery combustion sources at kraft, 

soda, sulfite, and stand-alone semichemical pulp mills. 

National emission standards for ethylene manufacturing process units -- Heat 

exchange systems and waste operations. 

Generic maximum achievable control technology standards. 

National emission standards for steel pickling -- HCl process facilities and 

hydrochloric acid regeneration plants. 

National emission standards for mineral wool production. 

179 
74:36:08:59 

74:36:08:60 

74:36:08:61 

74:36:08:62 

74:36:08:63 

74:36:08:64 

74:36:08:65 

74:36:08:66 

74:36:08:67 

74:36:08:68 

74:36:08:69 

74:36:08:70 

74:36:08:71 

74:36:08:72 

74:36:08:73 

74:36:08:74 

74:36:08:75 

74:36:08:76 

74:36:08:77 

National emission standards for hazardous waste combustors. 

National emission standards for pharmaceutical production. 

National emission standards for group IV polymers and resins. 

National emission standards for wool fiberglass production. 

National emission standards for manufacture of amino/phenolic resins. 

National emission standards for polyether polyols production. 

National emission standards for primary copper smelting. 

National emission standards for primary lead smelting. 

National emission standards for petroleum refineries -- Catalytic cracking, 

catalytic reforming, and sulfur recovery units. 

National emission standards for ferroalloy production -- Ferromanganese and 

silicomanganese. 

National emission standards for the manufacture of nutritional yeast. 

National emission standards for plywood and composite wood products. 

National emission standards for non-gasoline organic liquids distribution. 

National emission standards for miscellaneous organic chemical manufacturing. 

National emission standards for wet-formed fiberglass mat production. 

National emission standards for surface coating of automobiles and light duty 

trucks. 

National emission standards for surface coating of metal cans. 

National emission standards for surface coating oflarge appliances. 

National emission standards for printing, coating, and dyeing of fabrics and 

other textiles. 

180 

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• 
• 

• 

• 

74:36:08:78 

74:36:08:79 

74:36:08:80 

74:36:08:81 

74:36:08:82 

74:36:08:83 

74:36:08:84 

74:36:08:85 

74:36:08:86 

74:36:08:87 

74:36:08:88 

74:36:08:89 

74:36:08:90 

74:36:08:91 

74:36:08:92 

74:36:08:93 

74:36:08:94 

74:36:08:95 

74:36:08:96 

74:36:08:97 

74:36:08:98 

National emission standards for surface coating of plastic parts and products. 

National emission standards for surface coating of wood building products. 

National emission standards for surface coating of metal coil. 

National emission standards for leather finishing operations. 

National emission standards for cellulose products manufacturing. 

National emission standards for boat manufacturing. 

National emission standards for rubber tire manufacturing. 

National emission standards for lime manufacturing plants. 

National emission standards for semiconductor manufacturing. 

National emission standards for coke ovens -- Pushing, quenching, and battery 

stacks . 

National emission standards for iron and steel foundries. 

National emission standards for site remediation. 

National emission standards for miscellaneous coating manufacturing. 

National emission standards for mercury cell chlor-alkali plants. 

National emission standards for clay ceramics manufacturing. 

National emission standards for flexible polyurethane foam fabrieatieR 

eperatieRs production. 

National emission standards for hydrochloric acid production. 

National emission standards for friction materials manufacturing facilities. 

National emission standards for taconite iron ore processing. 

National emission standards for refractory products manufacturing. 

National emission standards for primary magnesium refining. 

181 
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 foundrv 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 acrvlic and modacrvlic 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 batterv manufacturing area sources . 

182 

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• 

• 
• 

• 

• 

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 . 

74:36:08:00. 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-l-6. 

Law Implemented: SDCL 34A-l-6, 34A-l-19 . 

183 
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. §§ 61.01 to 61.19, inclusive, (July 1, 2006 July 1, 2009). 

Source: 19 SDR 157, effective April22, 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. 

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 (My 1, 2006 July l, 2009). 

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 April22, 

1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 1996; 25 

SDR 123, effective April4, 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. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-6, 34A-1-19. 

184 

• 
• 

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. 

§ 61.110 to 61.112, inclusive, (Ally 1, 2006 July 1. 2009). 

Source: 33 SDR 217, effective June 13, 2007. 

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. § 60 Subpart Y (July 1, 2009). 

• 

Source: 

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. § 60 Subpart BB (July 1, 2009). 

Source: 

General Authority: SDCL 34A-1-6 . 

185 
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. § 60 

Subpart FF (July l. 2009). 

Source: 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-l-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. Parts 63.1 to 63.15, 

inclusive, (Jaly 1, 2009 July 1, 2009). 

Source: 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 

1996; 25 SDR 123, effective April4, 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. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-6, 34A-1-19. 

186 

• 
• 

• 

• 

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. §§ 63.40, 63.41, and 63.42(c) to 63.56, inclusive, (.My 

1, 2QQ6 July l, 2009). 

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. 

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. §§ 63.320 to 63.325, inclusive, (July 1, 2QQ6 July l, 2009). Dry cleaning 

facilities that are considered area sources are not required to submit a Part 70 operating permit 

application until December 9, 2005. An area source must still meet the applicable requirements 

in 40 C.F.R. §§ 63.320 to 63.325, inclusive, (July 1, 2006 July l, 2009). 

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 . 

!87 
General Authority: SDCL 34A-l-6. • 

Law Implemented: SDCL 34A-l-6, 34A-l-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 (Jul-y 1, 2996 July 1. 2009). 

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. 

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-l-6, 34A-l-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, 2996 

July 1. 2009). 

• 

188 
• 

• 

• 

Source: 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 

1996; 25 SDR 123, effective April4, 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. 

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-l-6, 34A-l-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, 2006 July l, 2009) . 

Source: 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 

1996; 25 SDR 123, effective April4, 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. 

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 

189 
negotiated regulations for equipment leaks are those in 40 C.F.R. § 63, Subpart I (Ally 1, 2006 

July 1, 2009). 

Source: 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 

1996; 25 SDR 123, effective April4, 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. 

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-l-6, 34A-l-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 (Ally 1, 2006 July 1, 2009). An area source that falls under 

these requirements is not required to submit a Part 70 operating permit application until 

December 9, 2005. An area source must still meet the applicable requirements in 40 C.F.R. § 63, 

Subpart N (Ally 1, 2006 July 1, 2009). 

Decorative chromium electroplating operations or chromium anodizing operations that use 

fume suppressants and decorative chromium electroplating operations that use a trivalent 

chromium bath that incorporates a wetting agent as a bath ingredient are exempt from the Part 70 

operating permit program. Exempted sources must still meet the applicable requirements in 40 

C.F.R. § 63, Subpart N (Ally 1, 2006 July 1. 2009). 

190 

• 
• Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April4, 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. 

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-l-6, 34A-l-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. §§ 63.360 to 63.367, inclusive, (Jttly 1, 2006 July 1, 2009)._A 

source that operates a unit subject to this subpart is exempt from the obligation to obtain a Part 

70 operating permit provided the source is not required to obtain a Part 70 operating permit for a 

reason other than the source is subject to this subpart. 

Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April4, 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. 

General Authority: SDCL 34A-l-6. 

• 

Law Implemented: SDCL 34A-l-6, 34A-l-19 . 

191 
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 (JHly 1, 2QQ9 July 1, 2009). A source that operates a unit subject to this subpart is 

exempt from the obligation to obtain a Part 70 operating permit provided the source is not 

required to obtain a Part 70 operating permit for a reason other than the source is subject to this 

subpart. 

Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April4, 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. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-6, 34A-l-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 (Ally 1, 2QQ9 July 1, 2009). 

Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April4, 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. 

192 

• 

• 

• 
• General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-l-6, 34A-l-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.P.R. § 63, Subpart 

T (J\ily 1, 2996 July 1, 2009). An area source that falls under these requirements is not required 

to submit a Part 70 operating permit application until December 9, 2005. An area source must 

still meet the applicable requirements in 40 C.P.R. § 63, Subpart T (ffily 1, 2996 July 1, 2009). 

Exempted sources must still meet the applicable requirements in 40 C.P.R. § 63, Subpart T (.J.Hly 

1, 2996 July 1, 2009). A source that operates a unit subject to this subpart is exempt from the 

obligation to obtain a Part 70 operating permit provided the source is not required to obtain a 

• Part 70 operating permit for a reason other than the source is subject to this subpart. 

• 

Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April4, 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. 

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-l-6, 34A-l-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.P.R.§ 63, Subpart JJ (J\ily 1, 2996 July 1, 2009) . 

193 
Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April4, 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. 

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-l-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.P.R. § 63 Subpart GG (Jtily-+, 

~ July 1, 2009). 

Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April4, 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. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-6, 34A-l-19. 

74:36:08:16. National emission standards for tanks. The national emission standards 

for tanks-- level 1 are those in 40 C.P.R. §§ 63.900 to 63.907, inclusive, (J1:1J..y 1, 2QQ6 July 1, 

2009). The national emission standards for tanks-- level 2 are those in 40 C.P.R. §§ 63.1060 to 

63.1066, inclusive, (Jl:lly 1, 2QQ6 July 1, 2009). 

194 

• 

• 

• 
• 

Source: 25 SDR 123, effective April4, 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. 

General Authority: SDCL 34A-I-6. 

Law Implemented: SDCL 34A-l-6, 34A-l-19. 

74:36:08:17. National emission standards for containers. The national emission 

standards for containers are those in 40 C.F.R. §§ 63.920 to 63.928, inclusive, (Ally 1, 2006 July 

1, 2009). 

• Source: 25 SDR 123, effective April4, 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. 

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. §§ 63.940 to 63.948, 

inclusive, (Ally 1, 2006 July 1, 2009) . 

• 

195 
Source: 25 SDR 123, effective April4, 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. 

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-l-6, 34A-l-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. §§ 63.960 to 63.966, 

inclusive, (Jaly 1, 2006 July 1, 2009). 

Source: 25 SDR 123, effective April4, 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. 

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-l-6, 34A-l-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. §§ 63.1040 to 63.1049, inclusive, (Jal:y 1, 2006 July 1, 2009). 

Source: 25 SDR 123, effective April4, 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. 

• 

196 
• 

• 

• 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-6, 34A-l-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. §§ 63.980 to 63.999, inclusive, (July 1, 2006 July 1, 

2009). 

Source: 30 SDR 26, effective September I, 2003; 31 SDR 101, effective January 2, 2005; 

32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007 . 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-l-6, 34A-l-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. §§ 63.1000 to 

63.1018, inclusive, (JH1y 1, 2006 July 1, 2009). The national emission standards for equipment 

leaks-- controllevel2 are those in 40 C.F.R. § 63, Subpart UU (July 1, 2006 July 1, 2009). 

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. 

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-1-6, 34A-1-19 . 

197 
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, 2QQ6 July 1, 

2009). 

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. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-6, 34A-l-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 (JHly l, 2QQ6 July 1, 2009). 

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. 

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-1-6, 34A-1-19. 

198 

• 

• 

• 
• 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 (Aily 1, 2996 July 1, 2009). 

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. 

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, 2996 July 1, 2009). A source that operates a unit subject 

• 

to this subpart is exempt from the obligation to obtain a Part 70 operating permit if the unit is not 

required to install controls and provided the source is not required to obtain a Part 70 operating 

permit for a reason other than the source is subject to this subpart. 

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. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-6, 34A-1-19 . 

199 
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, 2006 July 1, 2009). 

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. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-l-6, 34A-l-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, 2006 July 1, 2009). 

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. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-l-6, 34A-l-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, 2006 July 1, 2009). 

200 

• 

• 

• 
• 

• 

• 

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. 

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. §§ 63.2830 to 63.2872, inclusive, (fuly 1, 2GG6 July 1, 2009). 

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 . 

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. §§ 63.3280 to 

63.3420, inclusive, (Ally 1, 2006 July l, 2009). 

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. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-6, 34A-1-19 . 

201 
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. §§ 63.1930 

to 63.1990, inclusive, (July 1, 2006 July l, 2009). 

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. 

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-l-6, 34A-l-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. 

§§ 63.4880 to 63.4981, inclusive, (JaJ..y 1, ;woe July 1, 2009). 

Source: 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 

SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-l-6, 34A-l-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. §§ 63.7780 to 63.7852, inclusive, (Jaly 1, 2006 July l, 

2009). 

202 

• 

• 

• 
• Source: 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 

SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-6, 34A-l-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.P.R. §§ 63.8380 to 63.8515, inclusive, (Jtily 1, 2QQ6 July l, 

2009). 

Source: 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 

• SDR 217, effective June 13, 2007. 

• 

General Authority: SDCL 34A-l-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.P.R. §§ 63.8680 to 63.8698, inclusive, (July 1, 2QQ6 July l, 

2009). 

Source: 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 

SDR 217, effective June 13,2007. 

General Authority: SDCL 34A-l-6 . 

203 
Law Implemented: SDCL 34A-l-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. §§ 63.8780 to 63.8830, inclusive, (Jt1l-y 1, 2006 July 1, 2009). 

Source: 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 

SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-l-6, 34A-l-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. §§ 63.9280 to 63.9375, 

inclusive, (Jtily 1, 2006 July l, 2009). 

Source: 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 

SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-l-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 

204 

• 
• 

• 

• 

parts and products as published in 40 C.P.R. §§ 63.3880 to 63.3981, inclusive, (July 1, 2006 July 

1, 2009). 

Source: 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 

SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-l-6, 34A-l-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.P.R.§§ 63.5780 to 63.5935, inclusive, (July 1, 2006 July 1, 2009) . 

Source: 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-l-6, 34A-l-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.P.R. §§ 63.6080 

to 63.6175, inclusive, (July 1, 2006 July 1, 2009). 

Source: 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-l-6, 34A-l-19 . 

205 
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. §§ 63.6580 to 63.6675, inclusive, (July 1, 2QQ6 July 

1, 2009). 

Source: 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13,2007. 

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. §§ 63.7480 to 

63.7560, inclusive, (Jaly 1, 2QQ6 July 1, 2009). 

Source: 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007. 

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. §§ 63.210 to 63.217, inclusive, (Jtily 1, 2QQ6 July 1, 2009). 

206 

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• 

• 

• 

Source: 33 SDR 217, effective June 13, 2007. 

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, (JuJ..y 1, 2QQ6 

July 1, 2009). 

Source: 33 SDR 217, effective June 13,2007. 

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, SubpartS, (July 1, 

~July 1, 2009). 

Source: 33 SDR 217, effective June 13, 2007. 

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, (fuJ..y 1, 2QQ6 July 1, 2009) . 

207 
Source: 33 SDR 217, effective June 13, 2007. 

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, 2QQ6 July l, 

2009). 

Source: 33 SDR 217, effective June 13,2007. 

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. §§ 63.541 to 63.551, 

inclusive, (Jt~ly 1, 2QQ6 July l, 2009). 

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

208 

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• 

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 (J1:1l-y 1, 2006 July 1, 2009). 

Source: 33 SDR 217, effective June 13, 2007. 

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 (J\:11-y 1, 2006 July 1, 2009) . 

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-l-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 (J\:lly 1, 

2006 July 1, 2009). 

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18 . 

209 
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 I, 2QQ6 July l, 2009). 

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-l-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 (JuJ..y 1, 2QQ6 July l, 2009). 

Source: 33 SDR 217, effective June 13, 2007. 

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 (JuJ..y 1, 2QQ6 July l, 2009). 

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

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• 

• 

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 l, 2QQ6 July 1. 2009). 

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-l-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 (Jttly 1, 2QQ6 

July 1, 2009). 

Source: 33 SDR 217, effective June 13, 2007. 

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. §§ 63.1100 to 63.1114, 

inclusive, (July 1, 2QQ6 July 1, 2009) . 

211 
Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:57. National emission standards for steel pickling -- HCl process facilities 

and hydrochloric acid regeneration plants. The national emission standards for HCl process 

facilities and hydrochloric acid regeneration plants are those in 40 C.F.R. § 63, Subpart CCC 

(Ally 1, 2QOe July 1. 2009). 

Source: 33 SDR 217, effective June 13, 2007. 

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 (Ally 

1, 2009 July 1, 2009). 

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

212 

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• 

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 (J.aJ..y 1, 2996 July 1, 2009). 

Source: 33 SDR 217, effective June 13, 2007. 

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 (J.aly I, 2996 July 1, 2009) . 

Source: 33 SDR 217, effective June 13, 2007. 

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 (J.aly 1:, 2996 July 1, 2009). 

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18 . 

213 
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, 2QQ6 July 1, 2009). 

Source: 33 SDR 217, effective June 13, 2007. 

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 000 (July 1, 2QQ6 July 1, 2009). 

Source: 33 SDR 217, effective June 13, 2007. 

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, 20Q6 July 1, 2009). 

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

214 

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• 

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• Law Implemented: SDCL 34A-l-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 (Jffiy 

1, 2QQ6 July 1. 2009). 

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-l-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 (Ittly 1, 

2006 July 1, 2009). 

• 

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-l-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 (Ittly 1, 2QQ6 July 1. 2009) . 

215 
Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-l-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, 2006 July 1, 

2009). 

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-l-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 ecce (July 1, 2QQ6 July 1. 2009). 

Source: 33 SDR 217, effective June 13,2007. 

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-l-18. 

216 

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• 

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• 

• 

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 I, 2006 July 1, 2009). 

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-l-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 (fuly I, 2006 July 1, 2009) . 

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-l-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, 2006 July 1, 2009). 

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-1-18 . 

217 
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.P.R. 

§ 63, Subpart HHHH (JHly 1, 2006 July 1, 2009). 

Source: 33 SDR 217, effective June 13, 2007. 

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.P.R. § 63, Subpart IIII (Ja-ly 1, 2006 July 1, 2009). 

Source: 33 SDR 217, effective June 13,2007. 

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.P.R. § 63, 

Subpart KKKK (July 1, 2006 July 1, 2009). 

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

218 

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• 

• 
• Law Implemented: SDCL 34A-l-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 (Jelly 1, 2006 July 1, 2009). 

Source: 33 SDR 217, effective June 13,2007. 

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-l-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 0000 (July 1, 2006 July 1, 2009). 

• 

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-l-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, 2006 July 1, 2009). 

Source: 33 SDR 217, effective June 13, 2007 . 

219 
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 (J~o!ly 1, 2006 July 1, 2009). 

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-l-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, 2006 July 1, 2009). 

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-l-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, 2006 July 1. 2009). 

220 

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• 

• 

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-l-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 (.Hil-y 1, 2006 July l, 2009). 

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-l-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 (.Hil-y 1, 

2006 July l, 2009). 

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-l-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 

(.Hily 1, 2006 July l, 2009) . 

221 
Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-I-6. 

Law Implemented: SDCL 34A-l-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.P.R. § 63, Subpart AAAAA 

(July 1, 2006 July 1, 2009). 

Source: 33 SDR 217, effective June 13, 2007. 

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.P.R. § 63, 

Subpart BBBBB (July 1, 2006 July 1, 2009). 

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-1-18. 

222 

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• 

• 

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, 2006 July l, 2009). 

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-l-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, 2006 July l, 2009) . 

Source: 33 SDR 217, effective June 13, 2007. 

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, 2006 .llib::...1. 

2009). 

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-l-18 . 

223 
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, 2QQ€i July 1, 2009). 

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-l-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, 2QQ€i July 1, 2009). 

Source: 33 SDR 217, effective June 13, 2007. 

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 (J<Iiy 1, 2QQ€i July 1, 2009). 

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

224 

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• 

• 
• 

• 

• 

Law Implemented: SDCL 34A-1-18. 

74:36:08:93. National emission standards for flexible polyurethane foam faluieatian 

OIJeFatia&s production. The national emission standards for flexible polyurethane foam 

fabrieatioR opera-tieRs production are those in 40 C.F.R. § 63, Subpart MMMMM Jll (July 1, 

:t-006 July 1, 2009). 

Source: 33 SDR 217, effective June 13, 2007. 

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, 2006 July l, 2009). 

Source: 33 SDR 217, effective June 13, 2007. 

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, 2006 July 1, 2009) . 

225 
Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-l-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 

(Jaly l, 2006 July 1, 2009). 

Source: 33 SDR217, effective June 13,2007. 

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 (Jaly l, 2006 July 1, 2009). 

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-l-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 (Jaly 1, 2006 July 1, 2009). 

226 

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• 

• 
• 

• 

• 

Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-l-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.P.R. § 63, Subpart DDDDDD (July 1, 

~July 1, 2009). A source that operates a unit subject to this subpart is exempt from the 

obligation to obtain a Part 70 operating permit provided the source is not required to obtain a 

Part 70 operating permit for a reason other than the source is subject to this subpart . 

Source: 33 SDR 217, effective June 13,2007. 

General Authority: SDCL 34Ac 1-6. 

Law Implemented: SDCL 34A-l-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.P.R. 

§ 63, Subpart EEEEEE (July 1, 2006 July 1, 2009). A source that operates a unit subject to this 

subpart is exempt from the obligation to obtain a Part 70 operating permit provided the source is 

not required to obtain a Part 70 operating permit for a reason other than the source is subject to 

this subpart . 

227 
Source: 33 SDR 217, effective June 13, 2007. 

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 (Jaly 1, 2006 July 1, 2009). A source that operates a unit 

subject to this subpart is exempt from the obligation to obtain a Part 70 operating permit 

provided the source is not required to obtain a Part 70 operating pem1it for a reason other than 

the source is subject to this subpart. 

Source: 33 SDR 217, effective June 13, 2007. 

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 in40 C.F.R. § 63, Subpart GGGGGG (JHly 1, 2006 July 

1, 2009). A source that operates a unit subject to this subpart is exempt from the obligation to 

obtain a Part 70 operating permit provided the source is not required to obtain a Part 70 

operating permit for a reason other than the source is subject to this subpart. 

Source: 33 SDR 217, effective June 13, 2007. 

228 

• 

• 

• 
• 

• 

• 

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-l-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 l, 2009). A source that operates a unit subject to this subpart is exempt 

from the obligation to obtain a Part 70 operating permit provided the source is not required to 

obtain a Part 70 operating permit for a reason other than the source is subject to this subpart. 

Source: 

General Authority: SDCL 34A-l-6 . 

Law Implemented: SDCL 34A-l-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, 2009). A source that 

operates a unit subject to this subpart is exempt from the obligation to obtain a Part 70 operating 

permit provided the source is not required to obtain a Part 70 operating permit for a reason other 

than the source is subject to this subpart. 

Source: 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18 . 

229 
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.P.R. 

§ 63, Subpart ZZZZZ (July 1, 2009). A source that operates a unit subject to this subpart is 

exempt from the obligation to obtain a Part 70 operating permit provided the source is not 

required to obtain a Part 70 operating permit for a reason other than the source is subject to this 

subpart. 

Source: 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-l-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, 2009). A source that operates a unit subject to this subpart is exempt from the obligation 

to obtain a Part 70 operating permit provided the source is not required to obtain a Part 70 

operating permit for a reason other than the source is subject to this subpart. 

Source: 

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-l-18. 

230 

• 

• 

• 
• 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, 2009). A source that operates a unit subject to this subpart is exempt from the 

obligation to obtain a Part 70 operating permit provided the source is not required to obtain a 

Part 70 operating permit for a reason other than the source is subject to this subpart. 

Source: 

General Authority: SDCL 34A-l-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 l, 

• 

2009). A source that operates a unit subject to this subpart is exempt from the obligation to 

obtain a Part 70 operating permit provided the source is not required to obtain a Part 70 

operating permit for a reason other than the source is subject to this subpart. 

Source: 

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 acrvlic and modacrylic fiber 

231 
production area sources are those in 40 C.F.R. § 63, Subpart LLLLLL (July 1, 2009). A source 

that operates a unit subject to this subpart is exempt from the obligation to obtain a Part 70 

operating permit provided the source is not required to obtain a Part 70 operating permit for a 

reason other than the source is subject to this subpart. 

Source: 

General Authority: SDCL 34A-l-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 hospital ethylene oxide sterilizers are those in 40 C.F.R. 

• 

§ 63, Subpart MMMMMM (July 1, 2009). A source that operates a unit subject to this subpart is • 

exempt from the obligation to obtain a Part 70 operating permit provided the source is not 

required to obtain a Part 70 operating permit for a reason other than the source is subject to this 

subpart. 

Source: 

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. 2009) . 

232 

• 
• A source that operates a unit subject to this subpart is exempt from the obligation to obtain a Part 

70 operating permit provided the source is not required to obtain a Part 70 operating permit for a 

reason other than the source is subject to this subpart. 

Source: 

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-l-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.P.R. § 63, Subpart 000000 (July l, 

• 2009). A source that operates a unit subject to this subpart is exempt from the obligation to 

obtain a Part 70 operating permit provided the source is not required to obtain a Part 70 

• 

operating permit for a reason other than the source is subject to this subpart. 

Source: 

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-l-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, 2009). A source that operates a unit subject to 

this subpart is exempt from the obligation to obtain a Part 70 operating permit provided the 

233 
source is not required to obtain a Part 70 operating permit for a reason other than the source is 

subject to this subpart. 

Source: 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-l-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 000000 (July 1, 2009). A source that operates a unit subject to this subpart is exempt 

from the obligation to obtain a Part 70 operating permit provided the source is not required to 

obtain a Part 70 operating permit for a reason other than the source is subject to this subpart. 

Source: 

General Authority: SDCL 34A-l-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, 2009). A source that operates a unit subject to this 

subpart is exempt from the obligation to obtain a Part 70 operating permit provided the source is 

not required to obtain a Part 70 operating permit for a reason other than the source is subject to 

this subpart. 

234 

• 

• 

• 
• 

• 

• 

Source: 

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, 2009). A source that operates a unit subject to this subpart is exempt 

from the obligation to obtain a Part 70 operating permit provided the source is not required to 

obtain a Part 70 operating permit for a reason other than the source is subject to this subpart . 

Source: 

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, 2009). A source 

that operates a unit subject to this subpart is exempt from the obligation to obtain a Part 70 

operating permit provided the source is not required to obtain a Part 70 operating permit for a 

reason other than the source is subject to this subpart. 

Source: 

235 
General Authority: SDCL 34A-l-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.P.R. 

§ 63, Subpart WWWWWW (July 1, 2009). A source that operates a unit subject to this subpart is 

exempt from the obligation to obtain a Part 70 operating permit provided the source is not 

required to obtain a Part 70 operating permit for a reason other than the source is subject to this 

subpart. 

Source: 

General Authority: SDCL 34A-l-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.P.R. § 63, Subpart XXXXXX (July l, 2009). A source that operates a unit subject 

to this subpart is exempt from the obligation to obtain a Part 70 operating permit provided the 

source is not required to obtain a Part 70 operating permit for a reason other than the source is 

subject to this subpart. 

Source: 

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

236 

• 

• 

• 
• 

• 

• 

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 I, 2009). A source that operates a unit subject to this subpart is 

exempt from the obligation to obtain a Part 70 operating permit provided the source is not 

required to obtain a Part 70 operating permit for a reason other than the source is subject to this 

subpart. 

Source: 

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, 

2009). A source that operates a unit subject to this subpart is exempt from the obligation to 

obtain a Part 70 operating permit provided the source is not required to obtain a Part 70 

operating permit for a reason other than the source is subject to this subpart. 

Source: 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18 . 

237 
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 

74:36:09:03 

Prevention of significant deterioration. 

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)(l)(A)(ii) and (iii) of the Clean Air 

Act. 

Source: 19 SDR 157, effective April22, 1993; 33 SDR 43, effective September 18,2006. 

General Authority: SDCL 34A-l-6, 34A-l-18. 

Law Implemented: SDCL 34A-1-18. 

238 

• 

• 

• 
• 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 I, 2003; 33 SDR 43, effective September 18, 

2006. 

General Authority: SDCL 34A-l-6, 34A-l-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 (Ally 1, 2005 July 1, 2009), except for 40 C.P.R. § 52.2l(a)(l), (a)(2)(iv)(e), 

(a)(2)(vi), (b)(2)(iii)(h), (b)(3)(iii)(b), (b)(3)(vi)(d), (b)(32), (b)(42), (b)(55), (b)(56), (b)(57), 

(b)(58), (f), (q), (s), (t), (u), (x), (y), (z), and (cc) (July I, 2005 July 1, 2009) with the following 

differences: 

(1) For the purposes of this section, all terms defined in this section have the meaning 

defined in 40 C.P.R. § 52.21, except for the term "administrator" which means the secretary with 

the following exceptions: 

(a) In 40 C.P.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; 

239 
(b) In 40 C.F.R. §§ 52.2l(w)(2) to 52.2l(w)(4), inclusive, the term "administrator" 

means either the secretary or the administrator of EPA, as applicable; 

(c) In 40 C.F.R. §§ 52.2l(b)(l7); 52.21(b)(37)(i); 52.21(b)(43); 52.21(b)(48)(ii)(c); 

52.2l(b)(50)(i); 52.2l(g)(l) to 52.21(g)(6), inclusive; 52.21(1)(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.P.R. § 52.2l(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 § 52.2l(a)(2)(iv)(f) is incorporated by 

reference excluding the last sentence which states, "For example, if a project involves both an 

existing emissions unit and a Clean Unit, the projected increase is determined by summing the 

values determined using the method specified in paragraph (a)(2)(iv)(c) of this section for the 

existing unit and using the method specified in paragraph (a)(2)(iv)(e) of this section for the 

Clean Unit"; 

(5) For the purposes of this section, 40 C.F.R. § 52.2l(b)(2)(iii)(a) is incorporated by 

reference excluding the second sentence which states, "Routine maintenance, repair and 

240 

• 

• 

• 
• 

• 

• 

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"; 

(6) For the purposes of this section, 40 C.F.R. § 52.21(r)(6) is incorporated by reference 

excluding the phrase, "(other than projects at a Clean Unit or at a source with a PAL)"; 

(7) For the purposes of this section, 40 C.F.R. § 52.21(v)(1) is incorporated by reference 

excluding the phrase, "under 40 CFR 124.10"; and 

(8) For the purposes of this section, 40 C.F.R. § 52.2l(w)(l) 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. 

Source: 19 SDR 157, effective April22, 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. 

General Authority: SDCL 34A-l-6, 34A-1-18. 

Law Implemented: SDCL 34A-1-18 . 

241 
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) (Ja.ly 1, 2QQ5 July 1, 2009), 

excluding the phrase "The plan shall provide that..." with the following differences: 

(1) For the purposes of this section, in 40 C.F.R. § 52.166(q) the phrase "reviewing 

authority" means the secretary; 

(2) For the purposes of this section, in 40 C.F.R. § 51.166(q)(l) 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 

242 

• 

• 

• 
• 

• 

• 

(6) For the purposes of this section, in 40 C.P.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. 

General Authority: SDCL 34A-l-6, 34A-I-18. 

Law Implemented: SDCL 34A-1-18. 

CHAPTER 74:36:10 

NEW SOURCE REVIEW 

Section 

74:36:10:01 Applicability. 

243 
74:36:10:02 

74:36:10:03 

Definitions. 

Repealed. 

74:36:10:03.01 New source review preconstruction permit required. 

Repealed. 

New source review preconstruction permit. 

74:36:10:04 

74:36:10:05 

74:36:10:06 

standard. 

Causing or contributing to a violation of any national ambient air quality 

Determining credit for emission offsets. 

Projected actual emissions. 

74:36:10:07 

74:36:10:08 

74:36:10:09 

74:36:10:10 

Clean unit test for emission units subject to lowest achievable emission rate. 

Clean unit test for emission units comparable to lowest achievable emission rate. 

74:36:10:01. Applicability. This chapter applies to areas of the state which are designated 

as nonattainment pursuant to § I 07 of the Clean Air Act for any pollutant regulated under the 

Clean Air Act. 

Source: 19 SDR 157, effective April22, 1993. 

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-l-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)(l) (Jtily 1, 2993 July l, 2009). 

244 

• 

• 

• 
• 

• 

• 

For the purposes of this chapter, the tenn, Act, means the Clean Air Act. 

For the purposes of this section, the tenn, reviewing authority, means the secretary. 

Source: 19 SDR 157, effective April22, 1993; 21 SDR 119, effective January 5, 1995; 30 

SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005. 

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 pennit before beginning actual construction if they are located in the following 

areas: 

245 
(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 and a pollution control project 

exclusion, 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, (.ful:y 

1, 2003 July 1. 2009). 

• 

Source: 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005. • 

General Authority: SDCL 34A-l-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. 

246 

• 
• 

• 

• 

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: 

{l) 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 . 

247 
The owner or operator may use a clean unit test as described in § 74:36:10:09 or 

74:36:10:10 to determine whether emission increases at a clean unit are part of a project that is a 

major modification. 

The owner or operator may apply for a pollution control project exclusion. The procedures 

for a pollution control project exclusion are those in 40 C.F .R. § 51.165( e )(1) to (e)( 6), inclusive, 

(July 1, 2003 July 1, 2009). 

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)(l) to (f)(I5), inclusive, (JHly 1, 

;woo. July 1, 2009). 

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 

248 

• 

• 

• 
• 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. 

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) 802: 1.0 ug/m3 5 ug/m3 - 25 ug/m3 -

• 

249 
(2)PM10: 1.0 ug/m3 5 ug/m3 - - -

(3)N02: 1.0 ug/m3 - - - -

(4)CO - - 0.5 mg/m3 - 2mg/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 April22, 1993; 30 SDR 26, effective September 1, 2003. 

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-l-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. 

250 

• 
• In determining credit for emission offsets the following criteria shall be met: 

(1) All offsets must be for the same 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; 

(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, 2003 July 1, 2009); 

• 

(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 

251 
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) (fu.ly 1, 2003 July 1, 2009), 

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; 

(9) Decreases in actual emissions resulting from the installation of add-on control 

technology or application of pollution prevention measures that were relied upon in designating 

an emissions unit as a clean unit or a project as a pollution control project may not be used as 

offset; 

252 

• 

• 

• 
• 

(10) Decreases in actual emissions occurring at a clean unit may not be used as offsets, 

except as provided in 40 C.F.R. § 51.165(c)(8) and (d)(10) (fuly 1, 2003 July 1, 2009). Similarly, 

decreases in actual emissions occurring at a pollution control project may not be used as offsets, 

except as provided in 40 C.F.R. § 51.165(e)(6)(iv) (fuly 1, 2003 July 1, 2009); and 

(11) 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 I, 2003; 31 SDR 101, effective January 2, 2005. 

• 

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 (v), inclusive, (,ffily 

1, 2003 July 1, 2009). This section does not apply to projects at a clean unit or at a source with a 

plant-wide applicability limit. 

253 
The owner or operator shall make the information required to be documented in 40 C.F .R. 

§ 51.165(a)(6)(i) to (v), inclusive, (Ally 1, 2QQ3 July 1. 2009) 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) (Ally 1, 2QQ3 July 1, 2009). 

Source: 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-l-6. 

74:36:10:09. Clean unit test for emission units subject to lowest achievable emission 

• 

rate. A clean unit test may be used to determine whether an emission increase at a clean unit is • 

part of a project that is a major modification according to the provisions in 40 C.F.R. 

§ 51.165(c)(l) to (c)(9), inclusive, (fuly 1, 2QQ3 July 1. 2009). 

Source: 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005. 

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-l-6. 

74:36:10:10. Clean unit test for emission units comparable to lowest achievable 

emission rate. A clean unit test may be used to determine whether an emission increase at a 

clean unit is part of a project that is a major modification for a clean unit that does not qualify as 

a clean unit under § 74:36:10:09, but is achieving a level of emission control comparable to 

254 

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• 

• 

lowest achievable emission rate as determined by the secretary in accordance with the provisions 

in 40 C.F .R. § 51.165( d)(2) to ( d)(ll ), inclusive, (July 1, 2.003 July 1, 2009). 

Source: 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-l-6. 

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 J1:dy 1, 2005 July 1, 2009) . 

255 
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 April22, 

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. 

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 

256 

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1, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; transferred from§ 74:26:05:02, 19 

SDR 157, effective April22, 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 April22, 1993; 23 SDR 106, effective December 29, 1996. 

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

Law Implemented: SDCL 34A-l-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 ofregulated air pollutant emissions that will result 

from the change; and 

257 
(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 April4, 1999. 

General Authority: SDCL 34A-1-6. 

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

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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.P.R. Part 60, Appendix A (J<lly 1, 2005 

July 1. 2009). 

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 April22, 1993; 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April4, 

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

209, effective June 13, 2006 . 

259 
General Authority: SDCL 34A-l-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: 

(I) 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 such operations as soot blowing, start-up, shutdown, 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 April22, 1993. 

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-l-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 

260 

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• 

• 

the Environmental Protection Agency's Method 9 in 40 C.F.R. Part 60, Appendix A (h!ly 1, 

~July 1, 2009). 

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. 

General Authority: SDCL 34A-l-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. 

261 
74:36:13:07 

74:36:13:08 

Credible evidence. 

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 April22, 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 Band 40 C.F.R. § 60.13 

(July 1, 2005 July 1, 2009). 

Source: 19 SDR 157, effective April22, 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. 

General Authority: SDCL 34A-l-6, 34A-l-12. 

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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.P.R. § 60.7 (July 1, 2005 July I. 2009). All records must be made available to 

the department on request. 

Source: 19 SDR 157, effective April22, 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. 

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.P.R. Part 60 (July 1, 2005 July 1, 2009) 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 Apri122, 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. 

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

Law Implemented: SDCL 34A-1-12 . 

263 
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 April22, 1993. 

General Authority: SDCL 34A-l-6, 34A-l-12. 

Law Implemented: SDCL 34A-l-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) (Ally 1, 2005 

July 1, 2009) 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. 

General Authority: SDCL 34A-l-6, 34A-l-12. 

Law Implemented: SDCL 34A-l-12. 

264 

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• 

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, 2005 July 1, 2009) 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, 2005 July 1, 2009); 

(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 . 

265 
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. 

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, 2005 July l, 2009), must comply with 40 C.F.R. §§ 64.1 and 

64.3 to 64. 10, inclusive, (July 1, 2005 July 1, 2009). 

Source: 25 SDR 123, effective April4, 1999; 26 SDR 168, effective June 27, 2000; 31 

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

General Authority: SDCL 34A-l-6, 34A-l-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 

266 

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• 

• 

• 

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 

April22, 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 . 

267 
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 April22, 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, (Jtily 1, 2005 July I, 2009) 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, 

268 

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• 

• 
• inclusive, 72.73, and 72.74. For the purposes of this chapter, "administrator" means the secretary 

ef the departHleffi, 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 April4, 1999; 26 

SDR 168, effective June 27, 2000; 31 SDR 101, effective January 2, 2005; 32 SDR 209, 

effective June 13, 2006. 

General Authority: SDCL 34A-1-6, 34A-1-18. 

Law Implemented: SDCL 34A-l-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, (J1:1ly l, 2QQ5 July l, 2009). 

• 

Source: 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April4, 1999; 26 

SDR 168, effective June 27, 2000; 31 SDR 101, effective January 2, 2005; 32 SDR 209, 

effective June 13, 2006. 

General Authority: SDCL 34A-1-6, 34A-l-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, (Jl:lly-+, 

269 
:w% July l, 2009) and Appendixes A to H, inclusive, to 40 C.P.R. Part 75 (July 1, 29()5 July l, 

2009). 

Source: 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April4, 1999; 26 

SDR 168, effective June 24, 2000; 31 SDR 101, effective January 2, 2005; 32 SDR 209, 

effective June 13, 2006. 

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.P.R. §§ 76.1 to 76.16, 

inclusive, (July 1, 2995 July I, 2009). 

Source: 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April4, 1999; 26 

SDR 168, effective June 27, 2000; 31 SDR 101, effective January 2, 2005; 32 SDR 209, 

effective June 13, 2006. 

General Authority: SDCL 34A-1-6, 34A-l-18. 

Law Implemented: SDCL 34A-1-18. 

CHAPTER 74:36:17 

RAPID CITY STREET SANDING AND DEICING 

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• 

Section 

74:36:17:01 

74:36:17:02 

74:36:17:03 

74:36:17:04 

74:36:17:05 

74:36:17:06 

Applicability. 

Reasonable available control technology. 

Street sanding specifications. 

Street sanding and deicing plan. 

Street sanding and sweeping recordkeeping. 

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-l-6, 34A-l-15. 

Law Implemented: SDCL 34A-l-6, 34A-l-15, 34A-l-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: 

271 
(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-l-6, 34A-l-15. 

Law Implemented: SDCL 34A-l-6, 34A-l-15, 34A-l-19, 34A-l-38. 

272 

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• 

• 
• 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 Cl36-93, "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-l-6, 34A-l-15. 

Law Implemented: SDCL 34A-l-6, 34A-l-15, 34A-l-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 . 

273 
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. 

274 

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• 
• 

• 

• 

Source: 22 SDR 104, effective February 11, 1996. 

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

Law Implemented: SDCL 34A-l-6, 34A-l-12, 34A-l-15, 34A-l-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-l-6, 34A-l-15 . 

275 
Law Implemented: SDCL 34A-l-6, 34A-l-12, 34A-l-15, 34A-l-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 34A1. 

Source: 22 SDR 104, effective February 11, 1996. 

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

Law Implemented: SDCL 34A-1-6, 34A-1-13, 34A-1-15, 34A-1-38, 34A-l-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. 

276 

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• 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 

• 

277 
(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 comer of Section 15, Township 2 north, Range 6 

east; 

(b) East to the northeast comer of Section 14, Township 2 north, Range 8 east; 

(c) South to the southeast comer of Section 35, Township 1 north, Range 8 east; 

(d) West to the southwest comer of Section 34, Township 1 north, Range 6 east; and • 

(e) North to the point ofbeginning; 

(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-l-6. 

• 

278 
• 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. 

38. 

Source: 28 SDR 178, effective July 1, 2002. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-6, 34A-l-ll, 34A-l-18, 34A-1-19, 34A-1-21, 34A-1-

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-1-2l. 

Law Implemented: SDCL 34A-1-2l. 

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 

279 
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. 

General Authority: SDCL 34A-l-6, 34A-1-21, 34A-1-24. 

Law Implemented: SDCL 34A-1-21, 34A-1-24. 

• 

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 

• 

280 
• 

• 

• 

(5) For construction activities, the proposed date for commencement and termination of 

the construction activity. 

Source: 28 SDR 178, effective July 1, 2002. 

General Authority: SDCL 34A-l-6, 34A-l-21, 34A-l-24. 

Law Implemented: SDCL 34A-1-21, 34A-1-24. 

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; 

(1 0) Recordkeeping and reporting requirements; 

281 
(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. 

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

Law Implemented: SDCL 34A-l-21, 34A-l-30. 

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-l-6, 34A-1-21. 

Law Implemented: SDCL 34A-1-21. 

282 

• 

• 

• 
• 

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-l-6, 34A-1-2l. 

Law Implemented: SDCL 34A-1-2l. 

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. 

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 Tennessee Vis~:~al EmissieRs Met;hea I, as appFevea by EPf. iR 

283 
4Q C.F.R. § 52.222Q (J~ 1, 2QQ1) The Environmental Protection Agency's Method 9 in 40 

C.F.R Part 60 Appendix A (July 1, 2009) shall be used to determine the opacity. 

Source: 28 SDR 178, effective July 1, 2002. 

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: 

snow; 

(1) Five consecutive days of 0.01 inches or less of precipitation each day excluding dry 

(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. 

General Authority: SDCL 34A-1-6, 34A-1-19, 34A-1-24. 

Law Implemented: SDCL 34A-l-12, 34A-1-19, 34A-1-24. 

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 

284 

• 

• 

• 
• 

• 

• 

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. 

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

Law Implemented: SDCL 1-26-27, 34A-1-21, 34A-1-30. 

CHAPTER 74:36:19 

MERCURYBUDGETTRADINGPROGRAM 

(Repealed) 

Seetiea 

74:36:19:01 Geaeral previsieas. 

74:36:19:02 Desigaatea represeatative. 

74:36:19:03 PerrBits. 

74:36:19:04 Aflffila1 al1eeatiea efmeret~ry allewaaees. 

74:36:19:05 Sl:lbmittiH:g merettry allewaH:ee alleeatieH:s te the aEimiH:istrater. 

74:36:19:06 Base1iae heat iH:pl:lt. 

74:36:19:07 AllewaH:ee alleeatieH:s fer eKistiH:g l:ll:l:its. 

74:36:19:08 }few l:ll:l:it set aside aeeetiftt. 

285 
74:36:19:09 ,"JloeatioR of mereury allowaaees from Rew lHl:it set aside aeeol:llit. 

74:36:19:10 Mereury reduetioR aeemmt. 

74:36:19:11 AlloeatioR ofmereury allowaaees from mereury reduetioR aeeoURt. 

74:36:19:12 A.pproval of mereury allowaaees fmm Rew lHl:it set aside aeeoulit aad mereary 

reduetioR aeeoulit. 

74:36:19:13 AllowaRee traekiRg system. 

74:36:19:14 Allowaaee traasfer. 

74:36:19:15 MoRitoriag aad reportiBg. 

74 :Mi: 19:01. CeaeFal f1F9Yisi9RS. The fellowiBg geReral provisioRS are iReorporated ey 

refereRee: 40 C.P.R. § § 60.4102 to 60.4108, iBelusive (July 1, 2005). 

SouFee: 33 SDR 43, effeetive Septemeer 18, 2006. 

Ceaeral t~uthoFity: SDCL 34A 1 6, 34A 1 18. 

Law ImplemeBted: SDCL 34A 1 18. 

74:3G:19:02. DesigBated FepFesefttatWe. The fellowiag desigaated represeB:tative 

provisioas are iBeorporated ey refereaee: 40 C.P.R.§§ 60.4110 to 60.4114, iaelusi·re (July 1, 

Souree: 33 SDR 43, effeetive September 18, 2006. 

General AuthoFity: 8DCL 34A 1 6, 34A 1 18. 

286 

• 

• 

• 
• 

• 

• 

Law lmJJiemeBted: £DCL 34A 1 18 . 

74:311:19:03. Permrs. 't The following flenntt . . flrovtstons . . af"e ineorporateEl ey referenee: 4 0 

C.F. R . §§ 60.4120 to 60.4124, ineffisive (July 1, 2005). 

Souree: 33 £DR 43 ' effeetive £0fltel'l3ber 18, 2006. 

GeBera I uU A thortty: . £DCL34' t. 16 ' 34A 1 18. 

Law lmJJiemeBted: £DCL 34A 1 18. 

t' of mereu.ry allowanees, . The ElfH'IHal alloeations of 

mereU!'y . alio"'a"ees .r n for the eontrol fleno tn 

2018 ana thereafter, is 928 ounees fleF yeaf" . 

Souree: 33 £DR 43 ' effeetive £efltel'l3ber 18, 2006. 

GeBera l uU A thority: £DCL 34A 1 6, 34A 1 18. 

Law lmJJlemented: £DCL 34A 1 18. 

'tf mereury allowaBee alloeations to the admiBistrator. The 74:31i:l9:0S. Subml Ing . " '"ith 

6 . tf ng the mertRH)' allowanee alloeations m aeeoruanee n · · re"ttirements for Sl:l ffil 1 _, 1-. 

ttmtng::r . . f EP, af"e ineorporateu uy §§ 74:36:19:07, 74:36.19.09, . an El74:36:19:11 to the AElrmmstrator o a 

referenee. · ·'· . 40 C F R § 60.4141 (J.l:lly 1, 2005). 

Souree: 33 £DR 43 effeetive £0fltel'l3ber 18, 2006. ' ' 

287 
CeBend AuthaFity: SDCL 34A 1 e, 34A 1 18. 

Law lmplemeBted: SDCL 34A 1 18. 

74:36:19:06. BaseliBe heat iBput. The baseliB:e heat iB:fll:lt, iB: millioB: Btas, ased vtith 

resreet to 1Bef6l:lf)' allewanee alioeatiOB:S fer eaeh FHer6l:lf)' aadget unit are iB:eorroratea ay 

refereBee: 4Q C.F.R. § 9Q.4142(a) (Ja1y 1, 2QQ5). 

SauFee: 33 SDR 43, effeetive SerteFHaer 18, 2QQ9. 

CeBeFal AuthaFity: SDCL 34A 1 e, 34A 1 18. 

Law ImplemeBted: SDCL 34A 1 18. 

• 

74:36:19:07. ,+ .. UawaBee allaeatiaBs feu existiBg uBits. The total aFHOHat of FHereHry • 

allowaB:ees fer e~<istiRg l:lRits shall eq~:~al 99 rereeB:t of the aB:ffilal FHereaey alloeatioRs iB: 

§ 74:39:19:Q4 fer eoatrel period iB: 2QW thfoagh 2Q14, aB:a92 pereeB:t for eoatrol reriod iR 2Q15 

aB:d thereafter. f.B: e~tistiB:g HB:it is defiBed as a FHer6l:lf)' aadget l:lRit that has established a 

aaseliB:e heat iRpHt iB: aeeordaB:ee with§ 74:39:19:Q9. If there is FHore thaB: OB:e existiB:g l:lRit, the 

aFHOl:lftt of FHerel:lf)' allOWaB:ee is deterFHiB:ed fer eaeh e~<iStiB:g l:lRit ay rRHltirlyiB:g the total 

aFHOl:lftt Of FHeF6Hf)' allOVfaB:6eS ay the ratio of the aaseliBe heat iftj'll:lt of the e~tistiB:g unit to the 

total aFHol:lftt of aaseliB:e heat iB:fll:lt of all sHeh existiB:g units aB:d rol:lRdiB:g to the B:earest whole 

allowaB:ee as arrropriate. 

SauFee: 33 SDR 43, effeekte SepteFHber 18, 2QQ9. 

CeBeFal AuthaFity: SDCL 34A 1 e, 34A 1 18. 

• 

288 
• La\'\' ImplemeBted: SDCL 34A 1 18. 

74·36:19:08. New HBit set aside aeeouBt.or I' e aeh eofttro l . peno din 2010 and thereafter, . . 

· . Be'" nnit set aside aeeoURt for £Herewy . allo"·anees. " The £Here1:H) 

the seeretary shall establish a w 4 f the aBffilal fHerel:H)' 

.,. l:lHit set aside aeeol:lHt s a h ll eEttla . 1 H"e • pereen o 

alioeatJOHS . . IH § 74'3€i"l9:0. · ' 4 for eofttrol peno IB 

period in 2015 a&d thereaftef. 

Souree: 33 SDR ' 4 3 ' effeetive SepteBI6er 18, 2006. 

GeBera I ,..u A thority: SDCL 34A 1 6, 34A 1 18. 

LaY/ ImplemeBted: SDCL 34A 1 18 . 

• 74:36:19:09. Bew HBit set aside aeeouBt. , ... _.lloeatioB of mereury allowaBees from . • ,.. 't 

. . liO'"aJI:6eSFOfB !i the He'" " HHit set aside aeeol:lftt are a>iaHr 'l bl e to a Be"' .. UR!t. n He .v l:lHI 

Mereary a n r heat iHpl:lt iH aeeordanee . b dget nnit that has not established a base IHe · d C!Hed as a £Berel:l£y 1:1 'd 

JSe11 !i the Hew nnit set as1 e • A He"' l:lHit is eligible for £Here1:1fY allowaneesFofB 

• 

'l h H st eofttrol penoa for •r Je 

aeeol:lftt l:lftt! Ger · , '4£Hit a FeEttleSt 

d § 74·36·19:07. The ffierel:ll)' desigHated represeHttHve f o f a ne·u '·URit fRay Sli . 

UR er . . . . l:lHt transferred to the fBeFSl:ll) , , allo·"aneesFofH !i the He'" v. nnit set aside aeeo 

to have £Bereary w . . "'ith the later of the 

. ·stefB eo£Bplianee aeeol:lftt B ~r the He"' UR!t StartJHg Y+ 

allowanee traekiHg sy . d · .,h

1

·

6

h the Hew URit 

. d . 2010 or the first eofttrol period after 0e h eon trol peno IH "., ., 

eoHtrol peno IH . t ffil:lSt be sl:lb£Hitted OH 

· The £Berewy , -

allo"'aHee " transfer reEtHeS 

eoffifHeHees eoffifHereial operatJOH. "' are reEtHested. The 

or before JHly l of the eofttrol peno . d . IH nrh. w Je h the fHerel:lry alia "aHees 

289 
t tire may reEJ.Ue 

ereury designated represe!Htr r 1 . d iR whish the mereury 

m . . fer the eofttro peno 

. st merelli)' a llO'"aRSeS IR . an arROl:lftt ROt eJ<SeediRg 

f SfSl:lf'J' em!SSIORS 

the Rew l:lRit's total ol:lllees o m . . allowaRees available iR the Re>.v 

allowaRees are reEJ.Hested. If th EJ. f erel:lry allowaRee shall be 

. d the a!f!Ol:!Rt 0 m 

e re l:lests(s) eJ<eeed the mereUI) 

that eoRtrol peno , . . t set aside aeeol:lftt fer allo"'aRees by the ratio 

l:HII l:lRt of merSl:H)' v. . t b . R'l1:lltiplyiRg the total amo 

f l:!F:f em!SSI 

of the total Ol:lRees o mere . the Rearest vffiole allowaRee as 

. . ll sHeh reEJ.l:lests aRd rol:lfld!Rg to 

Ol:lflees of merelli)' em!SSIOR of a . . . R the Rew l:Hiit set aside aeeol:lftt fer 

appropna . 4e. z A • ftJ' l:!Ralleeate d m erel:li)' a llo"+aRees " remaiRIRg 1 

the eoRtro 1 . peno d shall Be banked fer futl:ffe l:!S9. 

Souree: 33 SDR 43 , effeetive Septem '-.. e, r 18 20Q€i. 

CeReral Authortt}. . . ,. SDCL 34A 1 €i, 34A 1 18. 

Law lmplemeRtell: "DCL o 34+' • • 1 18. 

. relluetioR aeeount. d . 2{\lQ aRd For eaeh eofttr& I .. " erio 1R " 

thereafter, the seeretary shall estab II e ual five pereeat of the aRD:Ual 

. redl:letiori aeeol:Hit sha EJ. 

"" allowaRees fer the merel:lFJ '- 2{\14 aRd fel:lF pereeat mere1:11 J • d iR 20 lQ throl:lgtt " ' merel:lry allo eauoRs . . 1ft s s 74 . ·3€i: 19:04 fer eoRtrol peno 

fer eoRtrol peno . d . 1ft 2015 aRd thereafter. 

33 SDR 43 effeeti>fe Septem, eer 18 2QQ€i. 

CeBeral," ... utllaFlt}. 

Law lmplemeB t e . II· fWCL 34A 1 18. 

290 

• 

• 

• 
• 

• 

74:36:19:11. Allaeatiaa af meFeaFy allawaaees fFam meFeaFy Fedaetiaa aeeaaat. . . . TP 

the ffiereHf)' reffi:tetiea aeeel:I:H:t are ihal .. "1 a llle te aR eJHstn'ig wut er ae" 

Mereary allewaRees freffi the ffierel:lf)' em'ltrels fer 

. t ffiereHf)' eeatrels. Best ffiereHf)' eefltrels ffieal:l:s 

WJ:it that aehteves bes t eR:trel ef the ffiereury 

. t aehie"e greater thal:l: er equal te 90 pereea e . "t Re .. , URI ; 

aR eJ<istJag ua1 er~, . 

13 

t ffiere1:1ry eeatrel is 

· t A H eJHStlRg . . l:IRI "t er Re ... ~' l:!Rit that aehteves es 

effiissieas freffi the l:IRI. 1 ~ • te fi"e 

alle,.·anees freffi the ffiereury reffi:tetiea aeeel:!Ht fer up ' " th ffiereury "' . 1 

eligible .ere . ,. f 4i eJ<istiag WJ:It aadrer . El The ffierel:lry designated represeatati re e a ti"e eefltrel pens s. t 

eeasee~:r ; freffi the ffiereury reffi:tetiea aeeel:IR 

. . t te ha··e ffierel:lf)' allev;aRees . t ffi!i'r" sl:ibffitt a reqttesr . "t 

ReW l:!Rlj . . 4 fer the elliStlRg URI 

El t the ffiere1:1ry . alle,.aaee " traelaag . t sys e ffi eeffiphaRee aeeel:IR 

t£aRstierree . . 0 10 er the first eeatrel peried . . n•'th the later ef the eeatrel pened ffi 2 

aRdfer new l:Hnt staffing .rl 

4 

d The mere1:1ry 

. . whish best ffierel:lry eeR:tre 1 s has been demeastra e . 

after the eefltrel pened IR " , l after the eeR:trel perieEl in 

t< uest ffil:!St a e stt . bffiitteEl SR er befere Feeruaf) 

allewaRee traRS~r recr a th er6l:lf)' allewaRees 

. , alle·.vaRees are reqtles t d e . If the reqtlest(s) exeeee ffi 

wlueh the ffierettry h 11 be deterrRiaed fer eaeh . h t 1 pened . the affiSl:IR 4 ef ffiereury allewaB:ee s a 

available IR ve eeRFe ' , llewaaees a"' the ratie 

• • • I new l:!Rit by ffil:lkiplyiag the teta 1 affiSl:lll t e f ffierel:I£Y a v. J 

ef the ffie£6tlfY eea . 

4 

"ey l:!Ralleeated 

. te the nearest whale allewaRee as apprepna e. 1 ~ 

Sl:leh reqtlests aRd rel:IRHIRg . . fer the eeR:trel perieEl shall be 

, nl}en~aees reffia!R!Rg . . . IR the ffiereiD)' reffi:tettea aeeeHflt ffier6l:I£Y " ;, "" 

bal:l:keEl fer future l:lse. 

8aaFee: 33 8DR 43 ' effeetive September 18, 2006. 

• 

Ce&eFa I aU + tliaFity: 8DCL 34A l e, 34A l 18. 

291 
Law Impleme&ted: SDCL 34A 1 18 

74:36:19:12. ".<flpFova .. l of mereury allov,ra&ees from Rew u&it set asid e aeeouRt aREI 

mereury reduetioR aeeouRt. The Ele]3atimeat will review each mercury allewa&ee refll:lest frem 

the Hew l:!Hit set aside aeeel:lflt aHd meremy redl:letieH aeeel:lflt a&d tfa&sfer merel:ll)' allewanees te 

the merel:lf'' • J aile· wtdl:ee .. = ... uae 1 HHg . system CSFHJ31" IaHee aeeel:lftt fer each eefltfel periea parsaaat te 

Sl:l6ft refll:leStS as fell8'NS: 

·~ee a eeatleH reEJ:aest for the He'.v l:!flit set aside 

aeeel:lflt eHiy if the re EJ:l:les t . meets, er . IS adjastea by the EleJ3atim 4: 

(1) The EleJ3artffleHt w-ill accept aR alle"'aR ll . 

eH as Heeessary te meet, the 

refll:liremeats er § 74:36: 19:()9; 

• 

(2) The Ele]3atimeflt will aeee]3t aR alle"'aRee " allf sea ISH refll:lest fer the mercury redl:letieH • 

aeeel:lflt . eHiy if the re .. .,_ · aes t meets, er IS · a<ljastea by the EleJ3atim e~r t as Heeessary te meet, the 

reEJ:l:HremefltS sf§ 74:36:19: 11· ' 

. . . sam 8f the merCl:lry all8wa&ees reEJ:l:lestea, as 

adjtlStea IH aeeeraaRee with § § 74:3 6: 19·()9 a . . . 

(3) The aepartlneHt will aeteflfliHe the 

. an 74.36.19.11, fer the eefltfel ]3eri8a and tfaRsfer 

the merel:lfj· aile• rraHees .. te the apprepriate mer6l:I£Y allewa&ee tfaekiHg system 68 fflJ3 I" IaRee 

aeeel:lflt by Oeteber 31 ef the year for "'Rich •r the meremy allewaRees are alleeatea; aHa 

( 4) The Ele]3atimeflt will Hetify each m ereary . .aeSigHatea · rej3resefltati•re that Sl:lbmittea aR 

allewa&ee alleeatieH refll:lest ef the a ffi8tlfl , 4: 8 f merCl:lfj' ai!EJ'" ft 

w ae uHg system CSFHJ3Iianee aeeeaat fer 

the e8Htfel J3eriea C8'rerea by the reEJ:l:lest. 

292 

• 
• 

• 

• 

Sauree: 33 SDR 43 effeetJve . SepteHF, eer 18 2QQ€i. ' ' 

Geaeral Autharity: SDCL1' 34 A 1 Iii ' 34A 1 18. 

Law lmfllemeateu. .... SDCL 34A 1 18. 

. traelaag system. The fellowiag allowail:ee traH!Bg 1 · system 

74·3(i:19:B. Alla~anee GO 1157 ieelt!sive (Ja1y 1, 

J3f8Yisioes · are IRGOfJ30ffi . ted ey refereeee: 4Q C.R.R. §§ liiQ.415l to'"'·" ' . 

Sauree: 33 SDR 43 effeet!Ve . 8e)3tem 9 ef, 18 2QQ€i. ' 

G eaeral ,A .. ut h 9FI "ty· .SDCL 34", A 1 Iii 34A 1 18. 

Law lmfllemeated: 8 DCL 34\ 1 1 18. 

4 A llawaaee traa sfers . The fellowieg ailOW8il:60 traeStef "' fl fO"isioes ' are 

74:36:19:1 . ,.. 62 . lt!sive (July 1, 2QQ5) . iRGOf]30rated ey refereeee. .4() C . P.R. § § 6().41 Iii() to 6().41 ' IRS 

Sauree: 33 SDR 43 effeetJve . 8e)3teHF, eer 1 8 2QQ€i. ' ' 

Geeera l a A utharity: SDCL 3 4A1(ii34\118. "' 1 

Law lmf1lemented: "DCL o 34 1' A 1 18. 

. . aed Fl!f18Fttag. . The feUowieg moe!tormg . . Bil:d re)3ortieg 

74·31J:19:1S. Maelt8FI&g liiQ 4176 ieelusive (Jaly 1, 

flrOvisioes . are . 4 d ey fOfereeee: 4Q. CPR . . §§ €iQ.417Q to · ' IR60fJ30Fa e 

293 
SaaFee: 33 8DR 43, effeeti¥e September 18, 2QQ€i. 

CeneFal AathaFity: 8DCL 34A 1 6, 34A 1 18. 

Law Implemented: 8DCL 34A 1 18. 

CHAPTER 74:36:20 

CONSTRUCTION PERMTIS FOR NEW SOURCES OR MODIFICATIONS 

74:36:20:01 Applicability. 

74:36:20:02 Construction permit required. 

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. 

• 

• 

• 

294 
• 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 on 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: 

General Authority: SDCL 34A-1-6. 34A-l-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 which 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. 

Source: 

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

295 
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 § 

74:36:09; 

(2) A new source or modification to an existing source meeting the requirements of § 

74:36:10; 

(3) A new source or modification to an existing source authorized under a general permit; 

(4) A source that meets the exemption requirements in§§ 74:36:04:02.01 and 74:36:05:04 . 

Source: 

General Authority: SDCL 34A-l-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§§ 74:36:07 or 74:36:08: 

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

that combust municipal or household waste; 

296 

• 

• 

• 
• (2) A mobile internal combustion engine, including those m 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 capabilitv 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 if the source is required to obtain a construction permit; ef 

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 if the source is required to obtain a 

construction permit. 

Source: 

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

Law Implemented: SDCL 34A-1-21. 

297 
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 qualitv standard. 

Compliance with this requirement as determined by air pollution dispersion modeling shall not 

be 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, 2009). Each new source or modification to an 

existing source must comply with emission limits and other requirements of the act and Clean 

Air Act. The construction permit must include reasonable conditions, including adherence to 

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

conditions justified under SDCL 34A-1-19. 

Source: 

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

Law Implemented: SDCL 34A-l-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: 

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

Law Implemented: SDCL 34A-1-21. 

298 

• 

• 

• 
• 

• 

• 

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 submit 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, 

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; 

299 
(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 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. 

Source: 

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 prior to the release of the 

draft permit. 

Source: 

General Authority: SDCL 34A-l-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: 

300 

• 
• 

(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 reguest, 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 reguired to complete the application. The 

applicant has 20 working days after receipt of an incomplete notification or reguest 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 adeguacy 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: 

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

Law Implemented: SDCL 34A-l-21. 

• 

301 
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 assure compliance with the act or 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: 

General Authoritv: SDCL 34A-l-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; 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 

302 

• 

• 

• 
• 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: 

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

Law Implemented: SDCL 1-26-27, 34A-l-21. 34A-1-30. 

74:36:20:12. Public review of 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 § 74:36:20:13. 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: 

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

Law Implemented: SDCL 34A-l-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 

303 
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 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: 

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

Law Implemented: SDCL 1-26-27, 1-26-29, 34A-1-21. 34A-l-30, 34A-l-34 

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 

• 

304 
• 

• 

• 

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: 

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

Law Implemented: SDCL 1-26-27, 1-26-29. 34A-1-2l, 34A-1-30, 34A-1-34. 

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 tvpe of operation; 

(4) The facilitv and mailing address; 

(5) The date the construction permit was granted; 

305 
( 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 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 Clean Air Act; 

(1 0) Monitoring, recordkeeping, and reporting requirements necessary to determine 

compliance with the construction permit; 

(ll) A severabilitv clause to ensure the continued validitv 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 propertv 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: 

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

306 

• 

• 

• 
• 

• 

• 

Law Implemented: SDCL 34A-l-21, 34A-l-30. 

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 the revision qualifies as an administrative 

permit amendment. 

Source: 

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

Law Implemented: SDCL 34A-l-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 if an administrative 

permit amendment is applicable to the proposed revision within 15 days ofreceiving a request 

for a permit revision. The department shall issue administrative permit amendments without the 

procedural requirements applicable to obtaining a construction permit. 

Source: 

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

Law Implemented: SDCL 34A-l-21 

307 
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 

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

Source: 

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

Law Implemented: SDCL 34A-l-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 exist. 

Source: 

General Authority: SDCL 34A-l-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 

308 

• 
• 

• 

• 

operating permit pursuant to § 74:36:04 or § 74:36:05 and to comply with the applicable 

emission limitations or requirement of the Clean Air Act. 

Source: 

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 it terminates that applicant authoritv to commence 

construction or complete construction of the new source or modification to an existing source. 

Source: 

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, statutes, or permit conditions violated and the alleged facts upon which the determination 

309 
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-l-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: 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 1-26-20, 34A-l-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, that an enforcement 

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

permit be suspended or revoked for noncompliance. 

Source: 

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 which conceals or dilutes an emission of air 

pollutants that would otherwise violate this article or the Clean Air Act. This includes operating 

310 

• 

• 

• 
• 

• 

• 

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: 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18 . 

311 
• 

• 

• 
Rombough, Kyrik 

•

m· 

nt: 

To: 

John_Bunyak@nps.gov 

Thursday, February 11, 2010 6:14PM 

Rombough, Kyrik 

Cc: 

Subject: 

Brian_Kenner@nps.gov; Ken_Hyde@nps.gov; Susan_Johnson@nps.gov; 

Don_Shepherd@nps.gov; David_Pohlman@nps.gov; Chris_Holbeck@nps.gov 

Fw: Air Quality Rule Revisions 

Kyrik: Brian Kenner (Badlands NP) and Ken Hyde (Wind Cave NP) forwarded your proposed 

revisions to the South Dakota Air Pollution Control Program rules to me for review. We 

appreciate the opportunity to provide comments in advance of your formal public review 

process. Because the revisions appear to be relatively straightforward and consistent 

with the Clean Air Act, we only have two comments at this time for your consideration: 

(1) We do not understand the basis for the minor source exemption levels (74:36:04:02.01 

and 74:36:05:04), but such sources are unlikely to create air quality issues for the NPS 

areas. 

(2) Regarding the removal of the Mercury Budget Trading Program, NPS assumes the state 

will undergo a case-by-case Maximum Achievable Control Technology (MACT) analysis for new 

or modified major sources with mercury emissions, in accordance with section 112(j) of the 

Clean Air Act. 

We hope these comments are helpful as you finalize your rule revisions. If we have any 

follow-up comments, we will provide them during the upcoming formal public comment period. 

In the meantime, if you have any questions, please give Susan Johnson of my staff a call 

at (303) 987-6694. Thanks again. John . 

• 

Forwarded by Brian Kenner/BADL/NPS on 01/22/2010 11:12 AM-----

<Kyrik.Rombough@s 

tate.sd.us> 

1/22/2010 10:49 

AM 

-----Original Message-----

From: Rombough, Kyrik 

Sent: Friday, January 22, 2010 11:48 AM 

To: 'Brian Kenner' 

Cc: Rombough, Kyrik 

Subject: Air Quality Rule Revisions 

• January 22, 2010 

To 

<brian_kenner@nps.gov> 

cc 

Subject 

FW: Air Quality Rule Revisions 

1 
Mr. Brian Kenner 

Badlands National Park 

Dear Mr. Kenner 

The Air Quality Program within the South Dakota Department of Environment and Natural • 

(DENR) implements federal air quality programs to meet requirement under the Clean Air 

Act. DENR implements those programs through the regulations established in Administrative 

Rules of South Dakota 

(ARSD) Article 74:36 -Air Pollution Control Program. DENR is proposing to revise ARSD 

Art'icle 74:36. A summary of those proposed changes are as 

follows: 

1) Update the definitions associated with the air quality 

program to ensure the definitions are up-to-date and consistent with 

other chapters in the regulations; 

2) Revise the date of the reference to ensure the regulations 

reference the most current version of the federal regulations; 

3) Include additional federal New Source Performance Standards 

and National Emission Standards for Hazardous Air Pollutants that EPA 

has recently promulgated and/or South Dakota has not included in its 

regulations. 

4) Remove the Mercury Budget Trading Program because the 

underlying federal regulations were vacated by the court system and 

EPA no longer plans to pursue those regulations; 

5) Include a Construction permit program for new sources and 

modification to existing sources; and 

6) Revise the Minor and the Title V operating permit programs to 

incorporate the changes associated with the proposed Construction 

permit program. 

• DENR is committed to working with citizens, industry, and other interested organizations 

to develop workable regulations that protect the environment and allow businesses the 

freedom to stay competitive. I have attached a copy of the proposed revisions for your 

review and comments. Words that have red and overstrikes represent deletions and blue, 

bold and underlined represent additions. Please send your comments on the draft revisions 

to me either by email at Kyrik.Rombough@state.sd.us or by mail at the following address by 

February 12, 2010. 

South Dakota Department of Environment and Natural Resources 

Air Quality Program 

PM 2020 

Joe Foss Building 

523 East Capitol 

Pierre, South Dakota 57501 

DENR plans to publish a formal public notice toward the end of February 2010, 

rule hearing in front of the Board of Minerals and Environment in March 2010. 

any questions, please contact me at 605-773-3151. Thank you for assisting us 

making process. 

Sincerely, 

Kyrik Rombough 

Natural Resources Engineering Director 

announcing a 

If you have 

in this rule 

Air Quality Program[attachment "7436 Draft 2010122.pdf" deleted by Ken Hyde/WICA/NPS] 

• 

2 
Page 1 of 1 

Rombough, Kyrik 

• From: Jim La·n-e-Ui-m-.1-a-ne_@_a-dv-a--n-c-ed-b-io_e_n_e-rg-y-.c-o_m_]-----------------

Sent: Wednesday, February 10, 2010 12:10 PM 

To: Rombough, Kyrik 

Subject: RE: Air Quality Rule Revisions 

The following is the only comment I have regarding the Air Quality Rule Revisions. Other than 

my comment here, it looks very similar to the Nebraska air regulations for acquiring first a 

construction permit, then an operating permit after the source is in use. 

I question the elimination of the exemption for emergency generator units deleted under 

74:36:04:03. 

(7) An emergency electrical generator powered by petroleum products; [DELETED] 

Will there be clarifications to include a portable (or mobile) emergency generator, rented 

or leased for short durations, in the added changes [(2) A mobile internal combustion 

engine, including those in autos, trucks, tractors, airplanes, locomotives, and boats;]? If 

these generators will be added into the mobile category, a clarification might be in order 

as to what constitutes an emergency generator losing the classification of being mobile or 

portable. We have considered building a pad and installing panels to hook up a 

generator, but either maintain the mobility of the generator to be available for dispatch to 

other plants within the company as the need arises, or leasing/renting an emergency 

generator during the period of need only . 

• 

Thankyou, 

Jim Lane 

Jim Lane email: jim.lane@advancedbioenerav.com 

Regulatory Compliance Manager Ph (605) 226-9109 _. . . . 

Heartland Grain Fuels, LLC Cell (605) 216-5012 ~ANCED 38469 133rd St Aberdeen, SD 57401 Fax (605) 229-5744 ..... &!()ENERGY"" 

ABE Fairmont, llC- Fairmont, NE www.advancedbioenergy.com 

Heartland Grain Fuels, LLC- Aberdeen, SD * Heartland Grain Fuels, LLC- Huron, SD 

• 

02/12/2010 
• 

• 

• 
• 

• 

• 

Message 

Rombough, Kyrik 

From: 

Sent: 

To: 

TGraumann@otpco.com 

Monday, January 25, 2010 9:23 AM 

Rombough, Kyrik 

Cc: mthoma@otpco.com 

Subject: RE: Air Quality Rule Revisions 

Mr. Rombough, 

Page 1 of3 

Please excuse my informal response. I have included my suggested changes to the proposed revisions to 

ARSD Article 74:36 on the selected attached pages. 

My most significant concern is the proposed requirement to include prepared plans and specifications of 

any equipment or other facilities with the Application for a Construction Permit(74:36:20:07). 

Typically, prepared plans and specifications are not available in the early stages of project 

development at the time of filing the Application for a Construction Permit, particularly for a large 

project. General design information such as is requested in 74:36:20:07 (3) (e) is available and could be 

used to define the source and to craft applicable construction permit conditions. 

Please also consider adding a provision to ARSD 74:36:20:15- Contents of Construction Permit that 

would allow for construction and operation of units that differ from the design described in the 

application without obtaining approval from the Secretary provided the final design does not 

significantly differ from the design described in the application and the final design would still 

demonstrate compliance with the National Ambient Air Quality Standards and PSD increments. The 

term "final design does not significantly differ" is limited to the physical parameters of the units, 

controls, and process such as the stack locations, stack heights, stack diameters, etc. The term does not 

include changes to emission limits, operational limits, record keeping requirements, reporting 

requirements, performance testing, etc. 

Thank you for the opportunity to comment. 

Terry 

Terry Graumann 

Terry Graumann 

Manager, Environmental Services 

Otter Tail Power Company 

P.O. Box496 

215 S. Cascade 

Fergus Falls, MN 56538-0496 

Telephone: 218-739-8407 Fax: 218-739-8629 

E-Mail: tgraumann@otpco.com 

From: Kyrik.Rombough@state.sd.us [mailto:Kyrik.Rombough@state.sd.us] 

Sent: Friday, January 22, 2010 11:47 AM 

To: Graumann, Terry 

Cc: Kyrik.Rombough@state.sd.us 

Subject: Air Quality Rule Revisions 

02112/2010 
Message Page 2 of3 

January 22, 2010 

Mr. Terry Graumann 

Otter Tail Power Company 

Dear Mr. Graumann 

The Air Quality Program within the South Dakota Department of Environment and Natural (DENR) 

implements federal air quality programs to meet requirement under the Clean Air Act. DENR 

implements those programs through the regulations established in Administrative Rules of South Dakota 

(ARSD) Article 74:36- Air Pollution Control Program. DENR is proposing to revise ARSD Article 

74:36. A summary of those proposed changes are as follows: 

1) Update the definitions associated with the air quality program to ensure the definitions are up-todate and consistent with other chapters in the regulations; 

2) Revise the date of the reference to ensure the regulations reference the most current version of 

the federal regulations; 

3) Include additional federal New Source Performance Standards and National Emission Standards 

for Hazardous Air Pollutants that EPA has recently promulgated and/or South Dakota has not 

• 

included in its regulations. • 

4) Remove the Mercury Budget Trading Program because the underlying federal regulations were 

vacated by the court system and EPA no longer plans to pursue those regulations; 

5) Include a Construction permit program for new sources and modification to existing sources; 

and 

6) Revise the Minor and the Title V operating permit programs to incorporate the changes 

associated with the proposed Construction permit program. 

DENR is committed to working with citizens, industry, and other interested organizations to develop 

workable regulations that protect the environment and allow businesses the freedom to stay 

competitive. I have attached a copy of the proposed revisions for your review and comments. Words 

that have red and overstrikes represent deletions and blue, bold and underlined represent additions. 

Please send your comments on the draft revisions to. me either by email at Kyrik.Rombough@state.sd.us 

or by mail at the following address by February 12, 2010. 

South Dakota Department of Environment and Natural Resources 

Air Quality Program 

PM2020 

Joe Foss Building 

523 East Capitol 

Pierre, South Dakota 57501 

DENR plans to publish a formal public notice toward the end of February 2010, announcing a rule 

hearing in front of the Board of Minerals and Environment in March 20 1 0. If you have any questions, • 

please contact me at 605-773-3151. Thank you for assisting us in this rule making process. 

Sincerely, 

02/12/2010 
• 

• 

• 

Message 

Kyrik Rombough 

Natural Resources Engineering Director 

Air Quality Program 

02/12/2010 

Page 3 of3 
• 

• 

• 
• 

• 

• 

74:36:07:90 Standards of perf(lrmance Jilr stationary spark ignition internal combustion 

--ftH'l~. a-~r~::;tne.-S 

74:36:07:01. New som·ce performance standards. The general provisions for tiew 

source performance standards are those in 40 C.F.R. §§ 60.1 to 60.19, inclusive, (;J-tt·l·y-1.,~00(~ 

July 1, 2009). For the purposes of this chapter, "administrator" means the secretary ttf.'-tho 

d€f·1Httmt.m~. except for those authorities which cannot b.e delegated to .the state, in which cnse 

"adn1inistt<ator" means both the administrator of the Environmental Protection Agency and the 

secretary efthc>-~.lq'>n-t•it·m.>nL 

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, 

effectiw April 22, 1993; 21 SDR 119, effective Janua1'y 5, 1995; 23 SDR 106, effective 

December 29, 1996; 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 

2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 

217, effective June 13, 2007. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-l-18. 

74:36:07:02. Standards of performance for fossil fuel-fh'ed steam generators. The 

standards ofperfotmance for fossil fuel-fired steam generators are those in 40 C.F.R. §§ 60.40 to 

60.46, inclusive, (July-·l-;-3(.lfl(J July I, 2009) . 

129 
Source: 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34Acl-6. 

Lnw Implemented: SDCL 34A-1-18, 

74:36:07:90. Standards of p.erformance for stntionarv spnrk ignition internal 

e_n.7 /w:..s 

combustion. ttu bines. ThJ' standards of pert(H·mance for stationary spark combustion turbines 

are those in 40 C..F.R. § 60 Subpart JJJJ (July I. 2009). A source subject to this subpart is 

exempt from the obligation to obtain a Part 70 operating petmit provided the source is not 

IT.~Jl!jred to obtain <t Part 70 operaling_pennit for a reason other than the somcc is subject to this 

subpart. 

Som•ce: 

Gene.ral Authoritv: SDCL 34A-l-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. 

!75 

• 

• 

• 
• 74:36:20:05. Standard for issuance of construction permit. A construction permit fbr a 

new source or modificat[on to an existing source may be issued only i[it has been sho~_\'JlJhaJ_the 

QJ2eration of the new source or modification to an existing source wi.ll not grevent or interfere 

with the attainment or maintenance of an applicable national anibicnt air quality standard. 

Compliance with this requirement as determined by air pollution clispersiot1 modeling shall not 

be affected by stack height that exceeds good engineel'ing practice or by any other dispersion 

technique as defined in40 C.F.R. § 51.100 (July I, 2009). Each new source or modification to tm 

Q:~!~Jing source must comply with emission limits and other requirements of the act and Clean 

8ir Act. The construction permit must include reasonable conditions. il'l;;l.t:l4fn.&-adl'IGrenGc t,Q.... 

J!l:!ans unci St3eeifiee1tieas. to assure compliance with. the act, Clean Air Act. and any_ t)ther 

conditions justilicd under SDCL 34A-I-19 . 

• Source: General Authoritv: SDC'L 34A-1-6 34A-l-19 34A-l-21. 

_Law l11!plcmcntcd: SDCL 34A-l-21. 

74:36:20:06. Timely and complete application for a constntction permit required. A 

Q!;!l'SQll. who constructs a new source or modification to an existing source required to have a 

construction permit shall submit a complete a:{lication to the department 111 least 180 days 

1ft? ,.,( UV~·· '5 ;:fc, 

before the estimated date of cofl1mencinwfonstruclion of the 11ew source or modification W an 

Qxi.sting source. An application is complete if it meets the requirements in § 74:36:20:07. 

Source: 

General Authoritv: SDCL 34A-l-6, 34A-l-2!. 

Law Implemented: SDCL 34A-1-21 . 

• 298 
74:36:20:07. Required contents of complete application for a construction permit. An 

agplication for a construction permit for a new source or modification must submit the following 

information to be considered a complete apglication: 

(I) The following general comgany information: 

(a) The comgany mime and address or the plant name and addres~_if difterent from the 

company name; 

.Gil The owner's name and agent, and 

(c) The plant site manager or contact; 

(2) A descJ'iption of the plant and its processes and products; 

(3 l The following information on emissions: 

.U:tL!.\:lte!!lifi£~tiQll.illld description of all emission units; 

(b) l'uels, fuel use, ra>v materials, and production rates; 

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

fill Limitations on somce operation affecting emissions or any work practice standards, 

where applicable, for all regulated air pollutants.; 

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

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

din1ensions, and stack parameters, including. height, diameter, and plume temperature, f'or all 

Qollutantsregulated at the source: 

f±t:t:: !!l'lfl)' l'll' artv=)Wm!\feHans rmtl the tmee+fiea.lffltlrttf-atr\~ttft1et•t-ttl'-<H+ler 

-+tleHities-w-ltieft-n'!a·~-t+l<i-setlree;-itK--Ittt!ii@eHttrien-eetllrol de vi ee5; 

299 

• 

• 

• 
Rombough, Kyrik 

•

m· 

nt: 

To: 

Ajayi.Christopher@epamail.epa.gov 

Monday, February 22, 2010 5:51 PM 

Rombough, Kyrik 

Cc: 

Subject: 

Daly.Carl@epamail.epa.gov; Laumann.Sara@epamail.epa.gov 

Suggestions on Chapter 74:36:05- Operating Permits for Part 70 Sources 

Mr. Rombough, 

Per our discussion on Friday, February 19, 2010, I am sending the recommended language we 

discussed about the addition to Part 70 sources rule at 74:36:05:08(2) on page 77 of your 

submittal. 

As already explained, we are concerned that a cursory reading of the addition 74:36:05:08 

(2) may suggest that a Permittee needs only submit a complete application to department 

within 12 months after commencing operation of the emission unit involved with the 

modification. You explained satisfactory that is not the case and pointed to other parts 

where explicit references are made for the need for a construction permit as necessary. 

Nonetheless, we note that to prevent confusion in the future, the language should be 

revised as follows: 

74:36:05:08(2) -A Part 70 source applying for a permit modification shall submit a 

complete application to the department within 12 after commencing operation of the 

emission units involved with the modification if the source has already complied with the 

modification requirements of 74:36:20 or 74:36:09 or 74:36:10." 

A different version of this language that makes it clear within this definition that the 

•

urce must have complied with construction permit requirements will be fine. 

did not discuss this earlier but for consistency with Part 70 we would also like to 

submit the following suggestion: 

Page 102 - 74:36:05:31- "Minor Permit Amendment" is inconsistent with Part 70 definition 

of a procedure defined by the same criteria as outlined in 74:36:05:35 on page 104. For 

consistency, this should be "Minor Permit Modification." The only Permit Amendment defined 

in Part 70 is 70.7(d) for "Administrative Permit Amendment." Please see the definition of 

permit modification and minor permit modification at 70.7 

(e) and 70.7 (e) (2) respectively. 

Let me know if you have any questions. 

Christopher Ajayi 

Air Program (SP-AR) 

U.S. EPA Region 8 

1595 Wynkoop Street, 

Denver, CO 80202-1129 

phone: ( 303) 312 6320 

fax: (303) 312 6064 

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

• 

1 
• 

• 

• 
Rombough, Kyrik 

•

m· 

nt: 

Dygowski. Laurel@epamail.epa. gov 

Monday, February 22, 2010 4:31 PM 

To: Rombough, Kyrik 

Cc: Rombough, Kyrik 

Subject: Re: FW: Air Quality Rule Revisions 

7436 Draft 

l10122.pdf (698 KB 

Kyrik: 

Thanks for sending over the draft rule revisions and allowing EPA to comment on them and I 

apologize for the delay. The following are the SIP folks' comments on the NSPS section 

and operating permits section. Please let me know if you have any questions or would like 

to discuss. 

• 

Two items from our 9/3/09 delegation letter were not addressed, 

specifically: (a) The citations referenced in ARSD 74:36:07:03 

should be revised to clarify that the standards of performance for 

electric utility steam generators are located at 40 CFR 60.40Da -

60.52Da to be consistent with Federal requirements; and (b) The title 

of ARSD 74:36:07:74 should be revised to clarify that volatile 

organic compound emissions are addressed, since the term "VOC" is 

used in the text of the regulation, but is not defined (the title in 

the Table of Contents is worded correctly, but the title of the 

section in the body of the regulations does not match) . 

Also, as noted in our 9/3/09 delegation letter, there are instances 

in South Dakota's regulations where the titles are altered, 

abbreviated, or contained typographical errors, thereby differing 

from the corresponding titles in the Federal NSPS regulations. In 

previous discussions with the State, we determined that SDDENR did 

not intend for any difference in applicability of the Federal NSPS in 

these instances, but we need to reiterate that a difference in title 

merits no difference in applicability 

The proposed regulation at 74:36:04:15(9) would allow for compliance 

with either State law or the Clean Air Act. Compliance must be with 

both State and Federal requirements, the "or" at the end of that 

sentence must be "and". If the Clean Air Act is amended the State 

law would then be less stringent. 

Page 45- 74:36:04:06 needs language that a minor source applying for 

an initial operating permit has already complied with modification 

requirements in 74:36:20:06. Similar to the Title V section, we could 

just add to end of 74:36:04:06 a statement that " .... if the source 

has already complied with the modification requirements of 

74:36:20 ... " 

**** Note - New Mailing Address 

Laurel Dygowski 

Regional Haze Coordinator 

Air Quality Planning Unit 

• 

EPA - Region 8 

95 Wynkoop Street 

nver, CO 80202-1129 

303-312-6144 

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I<Kyrik.Rombough@state.sd.us> 

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I To: I 

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!Laurel Dygowski/RS/USEPA/US@EPA 

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I<Kyrik.Rombough@state.sd.us> 

~============~===================================~----------------------------------------~ I Date: I 

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101/22/2010 10:50 AM 

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IFW: Air Quality Rule Revisions 

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-----Original Message-----

From: Rombough, Kyrik 

Sent: Friday, January 22, 2010 11:49 AM 

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

Cc: Rombough, Kyrik 

2 

~ 
Subject: Air Quality Rule Revisions 

~nuary 22, 2010 

Ms. Laurel Dygowski 

Ms. Monica Morales 

Amy Platt 

EPA Region VIII 

Dear Mr. Dygowski 

The Air Quality Program within the South Dakota Department of Environment and Natural 

(DENR) implements federal air quality programs to meet requirement under the Clean Air 

Act. DENR implements those programs through the regulations established in Administrative 

Rules of South Dakota (ARSD) Article 74:36 -Air Pollution Control Program. DENR is 

proposing to revise ARSD Article 74:36. A summary of those proposed changes are as 

follows: 

• 

1) Update the definitions associated with the air quality 

program to ensure the definitions are up-to-date and consistent 

with other chapters in the regulations; 

2) Revise the date of the reference to ensure the regulations 

reference the most current version of the federal regulations; 

3) Include additional federal New Source Performance 

Standards and National Emission Standards for Hazardous Air 

Pollutants that EPA has recently promulgated and/or South Dakota 

has not included in its regulations . 

4) Remove the Mercury Budget Trading Program because the 

underlying federal regulations were vacated by the court system 

and EPA no longer plans to pursue those regulations; 

5) Include a Construction permit program for new sources and 

modification to existing sources; and 

6) Revise the Minor and the Title V operating permit programs 

to incorporate the changes associated with the proposed 

Construction permit program. 

DENR is committed to working with citizens, industry, and other interested organizations 

to develop workable regulations that protect the environment and allow businesses the 

freedom to stay competitive. I have attached a copy of the proposed revisions for your 

review and comments. Words that have red and overstrikes represent deletions and blue, 

bold and underlined represent additions. Please send your comments on the draft revisions 

to me either by email at Kyrik.Rombough@state.sd.us or by mail at the following address by 

February 12, 2010. 

South Dakota Department of Environment and Natural Resources 

Air Quality Program 

PM 2020 

Joe Foss Building 

523 East Capitol 

Pierre, South Dakota 57501 

DENR plans to publish a formal public notice toward the end of February 2010, 

rule hearing in front of the Board of Minerals and Environment in March 2010. 

any questions, please contact me at 605-773-3151. Thank you for assisting us 

making process . 

• ncerely, 

Kyrik Rombough 

3 

announcing a 

If you have 

in this rule 
Natural Resources Engineering Director 

Air Quality Program(See attached file: 7436 Draft 2010122.pdf) 

• 

• 

• 

4 
• 

• 

• 

IN THE MATTER OF THE 

PROMULGATION OF 

ADMINISTRATIVE RULES 

Personal service of 

ADMISSION OF SERVICE 

(1) the Board of Minerals and Environment proposed amendments to article 74:36 by 

a. revising chapter 74:36:01 (e.g. revising sections 74:36:01:01, 74:36:01:05, 

74:36:01:10, 74:36:01:20, and adding section 74:36:01 :21); 

b. revising chapter 74:36:02 (e.g. revising sections 74:36:02:02 through 

74:36:02:05); 

c. revising all of chapter 74:36:03; 

d. revising chapter 74:36:04 (e.g. revising sections 74:36:04:02, 74:36:04:03, 

74:36:04:03.01, 74:36:04:04, 74:36:04:06, 74:36:04:07, 74:36:04:09, 

74:36:04:10,74:36:04:12,74:36:04:12.01,74:36:04:13,74:36:04:15 through 

74:36:04:18,74:36:04:20,74:36:04:20.01,74:36:04:20.04, 74:36:04:23, 

74:36:04:27, 74:36:04:32, adding section 74:36:04:02.01, and repealing 

74:36:04:11 ); 

e. revising chapter 74:36:05 (e.g. revising sections 74:36:05:01, 74:36:05:02, 

74:36:05:03,74:36:05:04, 74:36:05:04.01,74:36:05:06 through 74:36:05:09, 

74:36:05:12, 74:36:05:16.01' 74:36:05:17, 74:36:05:18, 74:36:05:20.01' 

74:36:05:20.03, 74:36:05:21.01, 74:36:05:28, 74:36:05:30, 74:36:05:31, 

74:36:05:32, 74:36:05:38, 74:36:05:41, 74:36:05:42, 74:36:05:44, 74:36:05:46, 

74:36:05:51, and repealing section 74:36:05:03.01); 

f. revising chapter 74:36:07 (e.g. revising sections 74:36:07:01 through 

74:36:07:07.01,74:36:07:09,74:36:07:10,74:36:07:12 through 74:36:07:22, 
.... 

• 

• 

• 

74:36:07:23 through 74:36:07:28, 74:36:07:31 through 74:36:07:34, 74:36:07:36, 

74:36:07:37, 74:36:07:39 through 74:36:07:46; 74:36:07:47 through 74:36:07:76, 

74:36:07:77 through 74:36:07:89, and adding sections 74:36:07:22.01, 

74:36:07:46.01, 74:36:07:76.01 and 74:36:07:90); 

g. revising chapter 74:36:08 (e.g. revising sections 74:36:08:01, 74:36:08:02, 

74:36:08:02.01,74:36:08:03 through 74:36:08:102, and adding sections 

74:36:08:02.02,74:36:08:02.03,74:36:08:02.04, and 74:36:08:103 through 

74:36:08:121); 

h. revising chapter 74:36:09 (e.g. revising sections 74:36:09:02 and 74:36:09:03); 

i. revising chapter 74:36:10 (e.g. revising sections 74:36:10:02,74:36:10:03.01, 

74:36:10:05,74:36:10:07 through 74:36:10:10) 

j. revising chapter 74:36:11 (e.g. revising section 74:36:11:01); 

k. revising chapter 74:36:12 (e.g. revising sections 74:36:12:01 and 74:36:12:03); 

1. revising chapter 74:36:13 (e.g. revising sections 74:36:13:02,74:36:13:03, 

74:36:13:04,74:36:13:06,74:36:13:07, and 74:36:13:08); 

m. revising all of chapter 74:36:16; 

n. revising chapter 74:36:18 (e.g. revising section 74:36:18:10); 

o. repealing chapter 74:36:19; and 

p. adding chapter 74:36:20; and 

(2) all materials incorporated by reference 

/) is admitted at Pierre, South Dakota, this 3- da 

epartment of Environment and Natural Resources 
.. " 

• 

• 

• 

IN THE MATTER OF THE 

PROMULGATION OF 

ADMINISTRATIVE RULES 

WAIVER OF WAITING PERIOD 

Pursuant to SDCL subdivision 1-26-4(2), I, Steven M. Pimer, Secretary of the 

Department of Environment and Natural Resources, waive the fifteen-day waiting period before 

proceeding with the promulgation of the Board of Minerals and Environment's proposed 

amendments to article 74:36 by 

a. revising chapter 74:36:01 (e.g. revising sections 74:36:01:01, 74:36:01:05, 74:36:01:10, 

74:36:01:20, and adding section 74:36:01 :21); 

b. revising chapter 74:36:02 (e.g. revising sections 74:36:02:02 through 74:36:02:05); 

c. revising all of chapter 74:36:03; 

d. revising chapter 74:36:04 (e.g. revising sections 74:36:04:02, 74:36:04:03, 

74:36:04:03.01, 74:36:04:04, 74:36:04:06, 74:36:04:07, 74:36:04:09, 74:36:04:10, 

74:36:04:12, 74:36:04:12.01, 74:36:04:13, 74:36:04:15 through 74:36:04:18, 

74:36:04:20, 74:36:04:20.01, 74:36:04:20.04, 74:36:04:23, 74:36:04:27, 74:36:04:32, 

adding section 74:36:04:02.01, and repealing 74:36:04:11); 

e. revising chapter 74:36:05 (e.g. revising sections 74:36:05:01, 74:36:05:02, 74:36:05:03, 

74:36:05:04, 74:36:05:04.01, 74:36:05:06 through 74:36:05:09, 74:36:05:12, 

74:36:05:16.01, 74:36:05:17, 74:36:05:18, 74:36:05:20.01, 74:36:05:20.03, 

74:36:05:21.01,74:36:05:28,74:36:05:30,74:36:05:31, 74:36:05:32,74:36:05:38, 

74:36:05:41,74:36:05:42,74:36:05:44,74:36:05:46,74:36:05:51, and repealing section 

74:36:05:03.01); 

f. revising chapter 74:36:07 (e.g. revising sections 74:36:07:01 through 74:36:07:07.01, 

74:36:07:09, 74:36:07:10, 74:36:07:12 through 74:36:07:22, 74:36:07:23 through 
.. • 

• 74:36:07:28, 74:36:07:31 through 74:36:07:34, 74:36:07:36, 74:36:07:37, 74:36:07:39 

through 74:36:07:46; 74:36:07:47 through 74:36:07:76, 74:36:07:77 through 

74:36:07:89, and adding sections 74:36:07:22.01, 74:36:07:46.01, 74:36:07:76.01 and 

74:36:07:90); 

g. revising chapter 74:36:08 (e.g. revising sections 74:36:08:01, 74:36:08:02, 

74:36:08:02.01,74:36:08:03 through 74:36:08:102, and adding sections 74:36:08:02.02, 

74:36:08:02.03, 74:36:08:02.04, and 74:36:08:103 through 74:36:08:121); 

h. revising chapter 74:36:09 (e.g. revising sections 74:36:09:02 and 74:36:09:03); 

1. revising chapter 74:36:10 (e.g. revising sections 74:36:10:02,74:36:10:03.01, 

74:36:10:05, 74:36:10:07 through 74:36:10:10) 

J. revising chapter 74:36:11 (e.g. revising section 74:36:11 :01); 

• k. revising chapter 74:36:12 (e.g. revising sections 74:36:12:01 and 74:36:12:03); 

I. revising chapter 74:36:13 (e.g. revising sections 74:36:13:02,74:36:13:03,74:36:13:04, 

74:36:13:06,74:36:13:07, and 74:36:13:08); 

m. revising all of chapter 74:36:16; 

n. revising chapter 74:36:18 (e.g. revising section 74:36:18:10); 

o. repealing chapter 74:36:19; and 

p. adding chapter 74:36:20; and 

.Q 

Dated this 6 day of_-'-+"'-L..J""'-""-

Secretary of Department of Environment and Natural Resources 

• 
• 

• 

• 

SMALL BUSINESS IMPACT STATEMENT FORM 

1. Our agency has determined that the rule/s we are proposing have the following type of 

impact on small businesses: 

X Direct impact (please complete remainder of form) 

Most of the proposed rule revisions do not have a direct impact on a small business. 

However a few federal regulations that have been promulgated do have a direct impact on 

small business in South Dakota. DENR is proposing to include those federal regulations into 

Administrative Rules of South Dakota (ARSD) to allow South Dakota the authority to 

implement those rules instead of a federal agency out of Denver, Colorado. The specific 

rules are as follows: 

A. ARSD 74:36:08:106- National emission standards for gasoline distribution bulk 

terminals, bulk plants, and pipeline facilities; 

B. ARSD 74:36:08:107- National emission standards for gasoline dispensing facilities; and 

C. ARSD 74:36:08:108- National emission standards for paint stripping and miscellaneous 

surface coating area sources. 

0 Indirect impact (please provide a brief explanation, then sign, date, and submit form. 

Questions 2 through 8 do not need to be answered) 

0 No Impact (please provide a brief explanation, sign, date, and submit form - Questions 2 

through 8 do not need to be answered) 

2. A general narrative and overview of the effect of the rule(s) on small business- written in 

plain, easy to read language: 

A. ARSD 74:36:08:106- National emission standards for gasoline distribution bulk 

terminals, bulk plants, and pipeline facilities. 

This federal rule requires bulk gasoline terminals and pipeline stations to control air 

emissions from large storage tanks (greater than 20,000 gallons) by using either specified 

floating roofs and seals or a closed vent system and control device. Small storage tanks 

(less than 20,000 gallons capacity) must be covered. 

The federal regulation requires that the air emissions from loading gasoline into trucks at 

terminals with gasoline throughputs above 250,000 gallons per day be reduced generally 

by using a closed vent system and control device. Those terminals with gasoline 

throughputs below 250,000 gallons per day must use submerged filling for the loading of 

gasoline into trucks. 

The regulations also requires the implementation of a monthly equipment leak inspection 

at bulk terminals, bulk plants, pipeline breakout stations, and pipeline pumping stations. 

This is accomplished by checking for leaks based on sight, sound, and smell of all 

equipment components in gasoline liquid or vapor service. All leaking equipment must 

be repaired within a specified time period . 
• 

• 

• 

EPA stated that because gasoline is either being recovered or prevented from evaporating 

that EPA estimates that these regulations overall would not cost the industry in the long 

run. 

B. ARSD 74:36:08:107- National emission standards for gasoline dispensing facilities. 

The federal regulation requires all gas stations to conduct good management practices to 

check for and minimize the evaporation of gasoline. 

For those gas stations that sell more than 10,000 gallons per month, the gas station must 

also employ a submerged filling of the gasoline storage tanks. The submerged filling 

requirement is met by either bottom filling the storage tank or by using a fill pipe that 

extends to within a few inches of the bottom of the tank. 

For those gas stations that sell more than 100,000 gallons per month, the gas station must 

also use vapor balancing control when filling the storage tank. 

EPA stated that because gasoline is either being recovered or prevented from evaporating 

that EPA estimates that these regulations overall would not cost the industry in the long 

run. 

C. ARSD 74:36:08:108- National emission standards for paint stripping and miscellaneous 

surface coating area sources . 

This federal regulation requires an auto body repair facility to implement good 

management practices to minimize the emission from paint stripping and painting 

operations. This includes but is not limited to operator training, painting within a spray 

booth, and routine maintenance. 

EPA estimates that the federal regulation will have no net armual cost because the initial 

cost of complying would be offset and recovered over time by the cost savings involved 

in the more efficient use of labor and paints. 

3. What is the basis for the enactment of the rules(s)? 

X Required to meet changes in federal law 

D Required to meet changes in state law 

D Required solely due to changes in date (i.e. must be changed annually) 

Other: ------------------------------------------------------------

4. Why is the rule(s) needed? 

Under the Clean Air Act, EPA was required to identify the hazardous air pollutants and sources 

of those pollutants that pose the greatest potential to a person's health. EPA listed both gas 

stations and auto body repair facilities on that list and recently promulgated these standards . 

DENR is proposing to include these federal regulations into the Administrative Rules of South 

Dakota to allow South Dakota to implement and enforce the regulations instead of directly by 

EPA. 
• 

• 

• 

5. What small businesses or types of small businesses would be subject to the rule? 

The rules would impact gas stations and auto body repair businesses. 

6. Estimate the number of small businesses that would be subject to the rule. 

0 1-99 X 100-499 0 500-999 0 1,000-4,999 0 More than 5,000 

0 Unknown- please explain---------------------

Based on the initial notifications submitted to DENR, approximately 250 gas stations and 50 

auto body repair facilities have stated that their business would be applicable to the standard 

7. Are small businesses required to file or maintain any reports or records under this rule? 

X Yes 0 No 

a. If "yes," how many reports must a small business submit to the state on an annual basis? 

A. ARSD 74:36:08:106- National emission standards for gasoline distribution bulk 

terminals, bulk plants, and pipeline facilities. 

The federal regulation requires semiannual compliance reports. 

B. ARSD 74:36:08:107- National emission standards for gasoline dispensing facilities . 

The federal regulation requires semiannual compliance reports for those facilities with a 

throughput greater than 100,000 gallons per month. 

C. ARSD 74:36:08:108- National emission standards for paint stripping and miscellaneous 

surface coating area sources. 

The federal regulation requires an annual compliance report. 

b. If "yes," how much ongoing recordkeeping within the business is necessary? 

A. ARSD 74:36:08:106- National emission standards for gasoline distribution bulk 

terminals, bulk plants, and pipeline facilities. 

The federal regulation requires records of the leak detection and repair program, the 

maintenance and monitoring of any applicable control equipment, initial compliance 

report and the copy of the semiannual compliance reports. 

B. ARSD 74:36:08:107- National emission standards for gasoline dispensing facilities. 

The federal regulation requires the compliance testing requirements for those facilities 

with a throughput greater than 100,000 gallons per month. 

C. ARSD 74:36:08:108- National emission standards for paint stripping and miscellaneous 

surface coating area sources. 
• 

• 

• 

The federal regulation requires records of paint usage, operator training, use of a spray 

booth, initial compliance notification and annual compliance reports. 

If ... yes, ... what type of professional skills would be necessary to prepare the reports or 

records? 

X The average owner of a small business should be able to complete the reports and/or 

records with no assistance 

D It is likely that a bookkeeper for a small business should be able to complete the 

reports and/or records 

D It is likely that a small business person would need the assistance of a CPA to 

complete the reports and/or records 

D It is likely that a small business person would need the assistance of an attorney to 

complete the reports and/or records 

D Other ____ ~----~~------------------------------------ 0 Unknown- please explain-----------------------

8. Are there any less intrusive or less costly methods to achieve the purpose of the rule (i.e. 

fewer reports, less recordkeeping, lower penalties)? 

X No - please explain 

This is a federal regulation. Both the gas stations and autobody repair facilities are required 

to meet these requirements regardless ifDENR adopts these regulations. 

D Yes- please explain ---~-H---\-~..------------------

Approved by: ~· ~-· _ 

Secretary of the Department of Environment and Natural Resources 

Date: 
• 

• 

•• 

DEPARTMENT 

DIVISION 

PROGRAM 

ADMINISTRATIVE PROCEDURES ACT 

FISCAL NOTE 

CODE. . . NAME.· . . .. 

20 Environment and Natural Resources 

2 Environmental Services 

Air Quality 

PROPOSED RULE: Revisions to ARSD 74:36 

Hearing Date: Aprill5, 2010 

FISCAL IMPACT STATEMENT: 

. . 

Brief description of fiscal impact: These rules have minimal impact to all entities. No 

additional staffing or resources are needed. 

FISCAL NOTE SUMMARY: 

List state agencies oflocal governmental subdivisions affected: None 

COST INCREASES (DECREASES) 

. ' 

State Agencies: First-Year Impact Continuous-Yearly Impact 

. . ··· . . . ·•· . .·· . · . . . 

TOTAL $0 $0 

Local Subdivisions: . ' 

.· 

. .. ·. . .· . 

TOTAL $0 $0 

Small Business . I 

. 

Increases. (Decreases) . . ·, . _:_ ·. 

TOTAL $0 $0 

REVENUE INCREASES (DECREASES) 

Revenue Increases (Decreases) 

State, Local & Small Business : . 

TOTAL $0 $0 

APPROVED ______ ~~-p· ~~~~==· _________________ DATE ~~- I 

Signature Department Secretary ~ 
. ' 

• 

• 

• 

IN THE MATTER OF THE 

PROMULGATION OF 

ADMINISTRATIVE RULES 

Personal service of 

ADMISSION OF SERVICE 

(1) The Board of Minerals and Environment proposed amendments to article 74:36 by 

a. revising chapter 74:36:01 (e.g. revising sections 74:36:01:01, 74:36:01:05, 

74:36:01:10, 74:36:01:20, and adding section 74:36:01 :21); 

b. revising chapter 74:36:02 (e.g. revising sections 74:36:02:02 through 

74:36:02:05); 

c. revising all of chapter 74:36:03; 

d. revising chapter 74:36:04 (e.g. revising sections 74:36:04:02, 74:36:04:03, 

74:36:04:03.01,74:36:04:04,74:36:04:06,74:36:04:07,74:36:04:09, 

74:36:04: I 0, 74:36:04:12, 74:36:04:12.01, 74:36:04:13, 74:36:04:15 through 

74:36:04:18, 74:36:04:20, 74:36:04:20.01, 74:36:04:20.04, 74:36:04:23, 

74:36:04:27, 74:36:04:32, adding section 74:36:04:02.01, and repealing 

74:36:04: 11); 

e. revising chapter 74:36:05 (e.g. revising sections 74:36:05:01, 74:36:05:02, 

74:36:05:03, 74:36:05:04, 74:36:05:04.01, 74:36:05:06 through 74:36:05:09, 

74:36:05:12, 74:36:05:16.01, 74:36:05:17, 74:36:05:18, 74:36:05:20.01, 

74:36:05:20.03, 74:36:05:21.01, 74:36:05:28, 74:36:05:30, 74:36:05:31, 

74:36:05:32, 74:36:05:38, 74:36:05:41, 74:36:05:42, 74:36:05:44, 74:36:05:46, 

74:36:05:51, and repealing section 74:36:05:03.01); 
• 

• 

• 

f. revising chapter 74:36:07 (e.g. revising sections 74:36:07:01 through 

74:36:07:07.01,74:36:07:09,74:36:07:10,74:36:07:12 through 74:36:07:22, 

74:36:07:23 through 74:36:07:28, 74:36:07:31 through 74:36:07:34, 

74:36:07:36, 74:36:07:37, 74:36:07:39 through 74:36:07:46; 74:36:07:47 

through 74:36:07:76, 74:36:07:77 through 74:36:07:89, and adding sections 

74:36:07:22.01, 74:36:07:46.01, 74:36:07:76.01 and 74:36:07:90); 

g. revising chapter 74:36:08 (e.g. revising sections 74:36:08:01,74:36:08:02, 

74:36:08:02.01,74:36:08:03 through 74:36:08:102, and adding sections 

74:36:08:02.02, 74:36:08:02.03, 74:36:08:02.04, and 74:36:08:103 through 

74:36:08:121); 

h. revising chapter 74:36:09 (e.g. revising sections 74:36:09:02 and 74:36:09:03); 

i. revising chapter 74:36:10 (e.g. revising sections 74:36:10:02,74:36:10:03.01, 

74:36:10:05,74:36:10:07 through 74:36:10:10) 

J. revising chapter 74:36:11 (e.g. revising section 74:36:11 :01); 

k. revising chapter 74:36:12 (e.g. revising sections 74:36:12:01 and 74:36: 12:03); 

I. revising chapter 74:36:13 (e.g. revising sections 74:36:13:02,74:36:13:03, 

74:36:13:04,74:36:13:06,74:36:13:07, and 74:36:13:08); 

m. revising all of chapter 74:36: 16; 

n. revising chapter 74:36:18 (e.g. revising section 74:36:18:10); 

o. repealing chapter 74:36:19; and 

p. adding chapter 74:36:20; and 

(2) the notice of hearing, 

(3) the fiscal note, 
• (4) the Small Business Impact Statement, and 

(5) all materials incorporated by reference 

• 

• 

is admitted at Pierre, South Dakota, this llt-1\ day of rl1a (( h , 2010. 

\ 

For these rules, the Agency contact person is: Kyrik Rombough 

Phone Number: 605-773-5708 
• 

• 

• 

IN THE MATTER OF THE 

PROMULGATION OF 

ADMINISTRATIVE RULES 

Personal service of 

ADMISSION OF SERVICE 

(1) The Board of Minerals and Environment proposed amendments to article 74:36 by 

a. revising chapter 74:36:01 (e.g. revising sections 74:36:01:01, 74:36:01:05, 

74:36:01:10, 74:36:01:20, and adding section 74:36:01 :21); 

b. revising chapter 74:36:02 (e.g. revising sections 74:36:02:02 through 

74:36:02:05); 

c. revising all of chapter 74:36:03; 

d. revising chapter 74:36:04 (e.g. revising sections 74:36:04:02, 74:36:04:03, 

74:36:04:03.01,74:36:04:04,74:36:04:06,74:36:04:07,74:36:04:09, 

74:36:04:10, 74:36:04:12, 74:36:04:12.01, 74:36:04:13, 74:36:04:15 through 

74:36:04:18,74:36:04:20,74:36:04:20.01,74:36:04:20.04, 74:36:04:23, 

74:36:04:27, 74:36:04:32, adding section 74:36:04:02.01, and repealing 

74:36:04:11); 

e. revising chapter 74:36:05 (e.g. revising sections 74:36:05:01, 74:36:05:02, 

74:36:05:03, 74:36:05:04, 74:36:05:04.01, 74:36:05:06 through 74:36:05:09, 

74:36:05:12, 74:36:05:16.01, 74:36:05:17, 74:36:05:18, 74:36:05:20.01' 

74:36:05:20.03, 74:36:05:21.01' 74:36:05:28, 74:36:05:30, 74:36:05:31, 

74:36:05:32, 74:36:05:38, 74:36:05:41, 74:36:05:42, 74:36:05:44, 74:36:05:46, 

74:36:05:51, and repealing section 74:36:05:03.01); 
• 

• 

• 

f. revising chapter 74:36:07 (e.g. revising sections 74:36:07:01 through 

74:36:07:07.01,74:36:07:09, 74:36:07:10,74:36:07:12 through 74:36:07:22, 

74:36:07:23 through 74:36:07:28, 74:36:07:31 through 74:36:07:34, 

74:36:07:36, 74:36:07:37, 74:36:07:39 through 74:36:07:46; 74:36:07:47 

through 74:36:07:76, 74:36:07:77 through 74:36:07:89, and adding sections 

74:36:07:22.01, 74:36:07:46.01, 74:36:07:76.01 and 74:36:07:90); 

g. revising chapter 74:36:08 (e.g. revising sections 74:36:08:01, 74:36:08:02, 

74:36:08:02.01, 74:36:08:03 through 74:36:08:102, and adding sections 

74:36:08:02.02,74:36:08:02.03,74:36:08:02.04, and 74:36:08:103 through 

74:36:08:121); 

h . 

1. 

J. 

k. 

1. 

revising chapter 74:36:09 (e.g. revising sections 74:36:09:02 and 74:36:09:03); 

revising chapter 74:36:10 (e.g. revising sections 74:36:10:02,74:36:10:03.01, 

74:36:10:05,74:36:10:07 through 74:36:10:10) 

revising chapter 74:36:11 (e.g. revising section 74:36:11 :01); 

revising chapter 74:36:12 (e.g. revising sections 74:36:12:01 and 74:36:12:03); 

revising chapter 74:36:13 (e.g. revising sections 74:36:13:02,74:36:13:03, 

74:36:13:04,74:36:13:06,74:36:13:07, and 74:36:13:08); 

m. revising all of chapter 74:36:16; 

n. revising chapter 74:36:18 (e.g. revising section 74:36:18:10); 

o. repealing chapter 74:36: 19; and 

p. adding chapter 74:36:20; and 

(2) the notice of hearing, 

(3) the fiscal note, and 
• ( 4) the Small Business Impact Statement Form 

is hereby admitted at Pierre, South Dakota, this ~ay of fv\a!rd'L , 2010. 

c£~ Bureau of Finance and Management 

For these rules, the Agency contact person is: Kyrik Rombough 

Phone Number: 605-773-5708 

• 

• 
"~ 

AMENriMENTS, 

74:36 
TABLE OF CONTENTS 

• Chapter Description Page 

1.0 Background ........................................................................................................................ 1 

2.0 Chapter 74:36:01- Definitions ......................................................................................... 3 

3.0 Chapters 74:36:02- Ambient Air Quality and 74:36:03- Air Quality Episodes ....... 3 

4.0 Chapter 74:36:04- Operating Permits for Minor Sources ........................................... 3 

5.0 Chapter 74:36:05- Operating Permits for Part 70 Sources .......................................... 4 

6.0 Chapter 74:36:07- New Source Performance Standards ............................................. 5 

7.0 Chapter 74:36:08- National Emission Standards for Hazardous Air Pollutants ....... 5 

8.0 Chapter 74:36:09- Prevention of Significant Deterioration ......................................... 6 

9.0 Chapter 74:36:10- New Source Review .......................................................................... 7 

10.0 Chapter 74:36:11- Performance Testing ........................................................................ 7 

• 11.0 Chapter 74:36:12- Control of Visible Emissions ........................................................... 7 

12.0 Chapter 74:36:13- Continuous Emission Monitoring Systems .................................... 7 

13.0 Chapter 74:36:16- Acid Rain Program .......................................................................... 7 

14.0 Chapter 74:36:18- Regulations for State Facilities in the Rapid City Area ............... 7 

15.0 Chapter 74:36:19- Mercury Budget Trading Program ................................................ 7 

16.0 Chapter 74:36:20- Construction Permits for New Sources or Modifications ............ 8 

17.0 Response to Initial Comments ........................................................................................... 8 

Appendix A Proposed Amendments to ARSD 74:36- Air Pollution Control Program 

• 
• 

• 

• 

1.0 Background 

The Air Quality Program within the South Dakota Department of Environment and Natural 

Resources (DENR) implements federal air quality programs to maintain the air quality in South 

Dakota in attainment with the federal National Ambient Air Quality Standards and meet other 

requirements under the federal Clean Air Act. There are several methods in which the U.S. 

Environmental Protection Agency (EPA) gives states approval to implement federal air quality 

programs. The more traditional method is for states to adopt rules and submit the state rules to 

EPA for implementation into what is called a state implementation plan (SIP). For this process, 

EPAreviews the state's rules to determine if the rules are equivalent to the federal regulations 

and if the state's rules are equivalent, EPA approves the state's rules through a federal register 

notice. The following sections and chapters in the Administrative Rules of South Dakota 

(ARSD) are part of South Dakota's SIP: 

• 

• 

• 

• 

• 

• 

• 

• 

• 

• 

• 

• 

• 

• 

• 

Chapter 74:36:01 -Definitions; 

Chapter 74:36:02- Ambient air quality; 

Chapter 74:36:03- Air quality episodes; 

Chapter 74:36:04- Operating permits for minor sources, except section 74:36:04:03.01; 

Chapter 74:36:06- Regulated air pollutant emissions; 

Section 74:36:07:08- Ash disposal requirements; 

Section 74:36:07:29- Operating requirements for wire reclamation furnaces; 

Section 74:36:07:30- Monitoring requirements for wire reclamation furnaces; 

Chapter 74:36:09- Prevention of Significant Deterioration program; 

Chapter 74:36:10- New source review; 

Chapter 74:36:11- Performance testing; 

Chapter 74:36:12- Control of visible emissions; 

Chapter 74:36:!3- Continuous emission monitoring systems, except for section 

74:36:!3:08; 

Chapter 74:36:17- Rapid City street sanding and deicing; and 

Chapter 74:36:18- Regulations for state facilities in the Rapid City area . 

Section 74:36:04:03.01 allows DENR to issue a variance to a minor source that is unable to meet 

a state emission limit. The variance allows the minor source to operate even though the state 

emission limit is being exceeded while the minor source makes changes to bring the operations 

back into compliance with the state emission limit. This section is not included in South 

Dakota's SIP because EPA will not approve variances in a SIP. 

Section 74:36:07:08 was implemented to ensure ash generated from municipal waste combustors 

are disposed of in accordance with article 74:27- Solid Waste. There is no corresponding 

federal New Source Performance Standard. Therefore, DENR included this section in South 

Dakota's SIP. 

Sections 74:36:07:29 and 74:36:07:30 was implemented to establish the operating and 

monitoring requirements for wire reclamation furnaces to minimize air emissions from these 

operations. There are no federal regulations under the New Source Performance Standards that 
• 

• 

• 

are applicable to wire reclamation furnaces. Therefore, DENR included these sections in South 

Dakota's SIP. 

Section 74:36:13:08 was implemented as part ofDENR's Title V air quality permit program and 

establishes the requirements for "Compliance Assurance Monitoring." This section is a part of 

DENR's approved Title V air quality operating permit program. 

A second method for administrating a federal air quality program is to request delegation of the 

program. The first step in requesting delegations is to adopt state rules that are equivalent to the 

federal regulations. The easiest method DENR has found to achieve this goal is to adopt the 

federal regulations by reference. The federal regulations delegated to DENR are located in the 

following chapters in ARSD: 

• Chapter 74:36:07- New Source Performance Standards, except for section 74:36:07:08, 

74:36:07:29, and 74:36:07:30; 

• Chapter 74:36:08- Maximum Achievable Control Technology Standards; and 

• Chapter 74:36:16- Acid Rain program. 

A third method for administrating a federal air quality program is to have the particular program 

approved. EPA established this method for the Title V air quality operating permit program. Just 

like the first two methods, the state must adopt rules equivalent to the federal program and 

submit the rules to EPA for approval. DENR developed an approved Title V air quality operating 

permit program, which is located in Chapter 74:36:05 and section74:36:13:08. 

DENR is obligated by an agreement with EPA to adopt new federal regulations periodically to 

ensure the state's rules are equivalent to EPA's regulations. EPA has passed several new 

regulations and revised existing regulations that affect South Dakota since DENR last revised 

ARSD 74:36 in June 2007. As part of the proposed revisions, DENR will update article 74:36 to 

reflect new federal changes and make minor changes necessary to ensure the rules are equivalent 

to the federal regulations. 

Before DENR adopted its Title V air quality operating permit program, sources were required to 

obtain a construction permit before a new source could construct and an existing source could 

modify its operations. In an effort to streamline the process DENR combined its construction 

permit program with the.Title V air quality operating permit program and with DENR's minor 

operating permit program. This worked well for many years by allowing DENR to issue air 

quality permits to new sources and existing sources in a timely manner. However, in recent years 

DENR has discovered that sources may be hampered by this process because a Title V air quality 

operating permit requires an EPA 45-day review period and the possibility that EPA or some 

other group may object to the issuance of the permit even though the permit meets all of South 

Dakota's requirements in the SIP, New Source Performance Standards, Maximum Achievable 

Control Technology Standards, etc. In addition, EPA recently indicated they have legal concerns 

with South Dakota's combined construction and Title V air quality operating permit. Therefore, 

DENR is separating its construction permit from both the minor air quality operating permit and 

Title V air quality operating permit program. 

2 
• 

• 

• 

The proposed revisions to South Dakota's Air Pollution Control Program may be viewed in 

Appendix A. 

2.0 Chapter 74:36:01- Definitions 

Periodically chapter 74:36:01 is reviewed to ensure all definitions are up-to-date and consistent 

with the other chapters in the Air Quality Program. DENR is proposing to revise this chapter to 

incorporate the following: 

1. Minor changes to this chapter are proposed such as deleting "Fixed capital cost," 

"Municipal-type solid waste" "Title II " "Title III" "Title VII ""Title VIII " "Title IX" ' ' ' ' ' ' "Title X," "Title XI," and "Unit," which are not being used in Article 74:36, correcting 

grammatical errors, and revising definition to specify if the word or phrase pertains to 

operating permits, construction permits, or both; 

2. The federal regulations have updated the definition for volatile organic compounds by 

adding additional compounds to the list of compounds that are not considered a volatile 

organic compound. In the past, DENR defined volatile organic compounds by listing 

those compounds EPA determined did not participate in atmospheric photochemical 

reactions. DENR defined volatile organic compounds so the reader could easily 

determine what compounds were not volatile organic compounds. Today, this definition 

is readily available on EPA's website and listing each compound is unnecessary . 

Therefore, this definition is being revised to reference the federal regulation; 

3. Several of the definitions reference a specific year of the federal regulations. These 

definitions are being revised to reflect the most current version of the federal reference; 

and 

4. Two new phrases are being defined in this chapter associated with the addition of a 

construction permit program. The proposed definitions will define what constitutes a 

"construction permit" and "commenced construction." 

3.0 Chapters 74:36:02- Ambient Air Quality and 74:36:03- Air Quality Episodes 

This chapter reference a specific year of the federal regulations. These references are being 

revised to reflect the most current version of the federal reference. 

4.0 Chapter 7 4:36:04 - Operating Permits for Minor Sources 

DENR is proposing to revise this chapter to incorporate the following: 

I. This chapter requires a permit to allow a minor source to construct and operate. The 

permit covered both the construction and operation of the source. DENR is proposing a 

construction permit program. Therefore, this chapter needs only to cover the operation of 

the source. The chapter is being revised to remove the references that a permit be 

obtained prior to construction or modification of an existing source. A new source or 

3 
• 

• 

• 

5.0 

source that is modifYing its operations will be required to submit a permit application for 

an operating permit within 12-months after commencing operation; 

2. DENR answers several questions a year involving the exemptions for the operating 

permits for minor sources. The exemptions in ARSD 74:36:04:03 is being separated into 

two proposed separate sections. The first section identifies the criteria for a business as a 

whole to meet before an operating permit is required. The second section identifies the 

emission units that are not required to be included in a minor permit; 

3. The types of exempt emission units are being revised. The subsections for each type of 

emission unit was compared to the insignificant activities associated with the Title V air 

quality operating permit program and adjusted so they were equivalent; 

4. One of the exemptions for an emission unit involves burning waste oil meeting the 

requirements of ARSD 74:28:27:01. This exemption does not distinguish between the 

size of equipment or the amount of air emissions generated. This exemption could be 

construed not to require a permit for a boiler at a power plant. This section is being 

revised to delete this automatic exemption. The intention of this section was to exempt 

small businesses that bum waste oil for heat recovery. These types of small businesses 

would still meet one of the other noted exemptions; 

5. There are certain sections in this chapter that reference a specific year of the federal 

regulations. These references are being revised to reflect the most current version of the 

federal reference; and 

6. Section 74:36:04:11 is being repealed since the main portion of this section is already 

stated in section 74:36:04:10 . 

Chapter 74:36:05- Operating Permits for Part 70 Sources 

DENR is proposing to revise this chapter to incorporate the following: 

I. This chapter references a specific year of the federal regulations. These references are 

being revised to reflect the most current version of the federal reference; 

2. Section 74:36:05:03.01 identifies that sources required to obtain a PSD or NSR 

preconstruction permit in chapter 74:36:09 and 74:36:10, respectively, are required to 

apply for a Part 70 operating permit within 12-months after commencing operation. 

DENR is repealing this section since it is being specified in section 74:36:05:08- Timely 

and complete application for operating permit required; 

3. EPA has promulgated several federal regulations that are applicable to small sources of 

emissions such as emergency generators, gasoline stations, etc. These standards were 

promulgated under Sections 111 or 112 ofthe Clean Air Act. South Dakota had the 

option to require a Part 70 permit for any or all of those sources applicable to a standard 

promulgated under 111 or 112 of the Clean Air Act. In general, these regulations have 

basic recordkeeping and reporting requirements, are manufacturer based regulations, or 

do not have requirements for specific operations. The chapter is being revised to exempt 

these small sources applicable to these regulations from obtain a Part 70 permit; 

4. This chapter requires a permit to allow a major source to construct and operate. The 

permit covered both the construction and operation of the source. DENR is proposing a 

construction permit program. Therefore, this chapter needs only to cover the operation of 

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the source. The chapter is being revised to remove the references that a permit be 

obtained prior to construction or modification of an existing source; and 

5. This permit program contains an EPA review period, where EPA may object to the permit 

proposed by DENR. ARSD 74:36:05:21.01 requires DENR to treat EPA's objection, 

including typographical changes, to the permit as a permit modification. The permit 

program establishes three procedural methods to be used to revise the permit. This 

section is being revised to allow all three procedural methods, as applicable. 

Chapter 74:36:07- New Source Performance Standards 

DENR is proposing to revise this chapter to incorporate the following: 

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1. This chapter references a specific year of the federal regulations. These references are 

being revised to reflect the most current version of the federal reference; and 

2. EPA has passed several new regulations that affect South Dakota since DENR last 

revised ARSD 74:36 in June 2007. The chapter will be revised to include the following 

three standards that may be applicable to existing or new sources in South Dakota; 

a. ARSD 74:36:07:22.01 -Standards of performance for equipment leaks ofVOC in the 

synthetic organic chemicals manufacturing industry for which construction, 

reconstruction, or modification commenced after November 7, 2006; 

b. ARSD 74:36:07:46.01- Standards of performance for petroleum refineries for which 

construction, reconstruction, or modification commenced after May 14, 2007 . 

c. ARSD 74:36:07:76.01 -Standards of performance for equipment leaks ofVOC in 

petroleum refineries; and · 

d. ARSD 74:36:07:90- Standards of performance for stationary spark ignition internal 

combustion turbines. 

Chapter 74:36:08- National Emission Standards for Hazardous Air Pollutants 

DENR is proposing to revise this chapter to incorporate the following: 

1. This chapter references a specific year of the federal regulations. These references are 

being revised to reflect the most current version of the federal reference; and 

2. EPA has passed several new regulations or have existing regulations that now do or may 

affect South Dakota since DENR last revised ARSD 74:36 in June 2007. The chapter 

will be revised to include the following standards 

a. ARSD 74:36:08:02.02- Emission standards for benzene emissions from benzene 

storage vessels; 

b. ARSD 74:36:08:02.03 -Emission standards for benzene emissions from benzene 

transfer operations; 

c. ARSD 74:36:08:02.04- Emission standards for benzene waste operations; 

d. ARSD 74:36:08:103- National emission standards for hospital ethylene oxide 

sterilizers; 

e. ARSD 74:36:08:104- National emission standards for electric arc furnace 

steelmaking facility area sources; 

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ARSD 74:36:08:105- National emission standards for iron and steel foundry area 

sources; 

ARSD 74:36:08:106- National emission standards for gasoline distribution bulk 

terminals, bulk plants, and pipeline facilities; 

ARSD 74:36:08:107- National emission standards for gasoline dispensing facilities; 

ARSD 74:36:08:108 -National emission standards for paint stripping and 

miscellaneous surface coating area sources; 

ARSD 74:36:08:109- National emission standards for acrylic and modacrylic fiber 

production area sources; 

ARSD 74:36:08:110 -National emission standards for carbon black production area 

sources; 

ARSD 74:36:08:111 -National emission standards for chemical manufacturing area 

sources -chromium compounds; 

ARSD 74:36:08:112- National emission standards for flexible polyurethane foam 

production and fabrication area sources; 

ARSD 74:36:08:113- National emission standards for lead acid battery 

manufacturing area sources; 

ARSD 74:36:08:114- National emission standards for wood preserving area sources; 

ARSD 74:36:08:115- National emission standards for clay ceramic manufacturing 

area sources; 

ARSD 74:36:08:116- National emission standards for glass manufacturing area 

sources; 

r. ARSD 4:36:08:117- National emission standards for secondary nonferrous metal 

processmg area sources; 

s. ARSD 74:36:08:118- National emission standards for plating and polishing area 

sources; 

t. ARSD 74:36:08:119- National emission standards for nine metal fabrication and 

finishing area sources; 

u. ARSD 74:36:08:120- National emission standards for ferroalloys production area 

sources; and 

v. ARSD 74:36:08:121- National emission standards for aluminum, copper, and other 

nonferrous foundry area sources. 

3. ARSD 74:36:08:93 is a duplicate regulation of ARSD 74:36:08:35. ARSD 74:36:08:93 

was to cover polyurethane foam production facilities and not polyurethane foam 

fabrication facilities, which are covered by ARSD 74:36:08:35. This section will be 

revised to incorporate the appropriate type of facility. 

8.0 Chapter 74:36:09- Prevention of Significant Deterioration 

This chapter reference a specific year of the federal regulations. These references are being 

revised to reflect the most current version of the federal reference . 

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9.0 Chapter 74:36:10- New Source Review 

This chapter reference a specific year of the federal regulations. These references are being 

revised to reflect the most current version ofthe federal reference. 

10.0 Chapter 74:36:11- Performance Testing 

This chapter reference a specific year of the federal regulations. These references are being 

revised to reflect the most current version of the federal reference. 

11.0 Chapter 74:36:12- Control of Visible Emissions 

This chapter reference a specific year of the federal regulations. These references are being 

revised to reflect the most current version of the federal reference. 

12.0 Chapter 74:36:13- Continuous Emission Monitoring Systems 

This chapter reference a specific year of the federal regulations. These references are being 

revised to reflect the most current version of the federal reference. 

13.0 Chapter 74:36:16- Acid Rain Program 

This chapter reference a specific year of the federal regulations. These references are being 

revised to reflect the most current version of the federal reference. 

14.0 Chapter 74:36:18- Regulations for State Facilities in the Rapid City Area. 

ARSD 74:36:18:10 requires the Tennessee Visual Emission Evaluation Method l be the test 

method used to determine compliance with the opacity requirement. The method is part of 

Tennessee's state implementation plan and is not directly listed in the code of federal regulations. 

Each year, DENR administers two certifications to meet Environmental Protection Agency's 

Method 9 requirements to measure opacity. The majority of federal regulations and state 

regulations require the opacity to be determined using Environmental Protection Agency's 

Method 9. This section is being revised to require the Environmental Protection Agency's 

Method 9 to determine compliance with the opacity requirement. 

15.0 Chapter 74:36:19- Mercury Budget Trading Program. 

On March 15,2005, EPA promulgated the Clean Air Mercury Rule to permanently cap and 

reduce mercury emissions from coal-fired power plants by approximately 70% nation-wide. In 

September 2006, South Dakota promulgated regulations to implement the Clean Air Mercury 

Rule. On February 8, 2008, the D.C. Circuit vacated EPA's rule removing power plants from the 

Clean Air Act list of sources of hazardous air pollutants. At the same time, the Court vacated the 

Clean Air Mercury Rule. In February 2009, EPA asked the Supreme Court to dismiss its request 

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to have the Suprement Court review the D.C. Circuit Court's decision. Instead, EPA plans to 

develop mercury standards for power plants under a different portion of Clean Air Act. 

Since the underlying federal regualtions have been vacated by the court system and EPA no 

longer plans to pursue these types of regulations, South Dakota is removing this Chapter. 

16.0 Chapter 74:36:20- Construction Permits for New Sources or Modifications. 

In calendar year 2004, EPA reviewed South Dakota's Title V permitting program. On September 

19, 2006, EPA finalized and submitted a copy of its report to DENR. In the report, EPA 

identified a concern that permits issued under South Dakota's Title V permitting program, which 

is a combined construction and operational permitting program, could expire. As such, 

conditions developed because of the construction activities could be voided, superseded, or 

replaced by future Title V permits. EPA's concern is that conditions in construction permits 

should be independently enforceable under Title I of the Clean Air Act. 

Even though DENR disagrees with EPA's concern on our Title V permitting program, DENR is 

proposing a construction permitting program to eliminate the confusion on which conditions are 

due to construction of a facility and which ones are associated with the operations. 

The construction permitting program will follow a similar process as the permitting under the 

minor permitting and Title V permitting programs. The construction permitting program will 

require an application, a review of that application will be conducted, a draft permit will be 

prepared, the public will be given an opportunity to comment on the draft permit and application, 

DENR will review any comments received and make a final permit decision, and the public will 

be given an opportunity to contest DENR's final permit decision, which will be heard by the 

Board of Minerals and Environment. 

17.0 Response to Initial Comments 

During January 2010, DENR emailed the proposed changes to 17 different organizations that 

include EPA Region VIII, Badlands National Park, Wind Cave National Park, industry, and 

environmental groups for initial comments. A summary of the comments received and DENR's 

responses follows: 

1. Comment: " ... question the elimination ofthe exemption for emergency generators units 

deleted under 74:36:04:03." 

Response: EPA promulgated federal regulations under the New Source Performance 

Standards that are applicable to new emergency generators. The federal regulations 

establish requirements for the manufacturers and owners of these new emergency 

generators. An emergency generator can not be considered an insignificant activity if a 

federal requirement is applicable. In addition, by removing the exemption for emergency 

generators, DENR is being consistent between the Minor air quality permit program and 

the Title V air quality permit program. Even though we are removing the exemption, an 

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emergency generator may still not require a minor air quality permit if the potential 

emissions from the facility is less than or equal to 25 tons per year (ARSD 

74:36:04:02.01(1)). However, a new emergency generator would still have to meet the 

requirements of the federal regulation. DENR considered the comment; but did not 

propose any changes to the draft rule revisions. 

2. Comment:" .. . what constitutes an emergency generator losing the classification of being 

mobile or portable?" 

Response: The question or concern appears to center around when a nonroad engine 

such as a portable emergency generator becomes a stationary source and would be 

covered by one of the permit programs. Section 216( 1 0) of the Clean Air Act defines a 

"nonroad engine" as an internal combustion engine that is not used in a motor vehicle or a 

vehicle used solely for competition or that is not subject to standards promulgated under 

section Ill (New Source Performance Standards) or 202 (mobile sources) of the federal 

Clean Air Act. A more specific definition of a nonroad engine is outlined in 40 CFR § 

89.2. It not only states what a nonroad engine is but also specifies when an internal 

combustion engine is no longer a nonroad engine and becomes a permitted unit. It states 

that an internal combustion engine is not a nonroad engine if the engine remains or will 

remain at a location for more than 12 consecutive months or a shorter period oftime for 

an engine located at a seasonal source . 

A portable emergency generator is generally an internal combustion engine located on a 

trailer and is not subject to section 111 or 202 of the federal Clean Air Act. Therefore, a 

portable emergency generator is considered a nonroad engine and not subject to 

permitting. This was more of a question and did not request any changes to the draft rule 

revisions. 

3. Comment:" ... do not understand the basis for the minor source exemption levels 

(74:3604:02.01 and 74:36:05:04) ... " 

Response: The exemptions noted in ARSD 74:36:05:04 are based on the federal 

regulations. 40 CFR 70.3(b)(4) notes that a source subject to the Standards of 

Performance for New Residential Wood Heaters and Standard for Demolition and 

Renovation are not required to obtain a Title V air quality operating permit. The 

exemptions noted in ARSD 74:36:04:02.01 are not new exemptions. These exemptions 

were originally part ARSD 74:36:04:03. These exemptions were developed for sources 

that were considered to have a negligible impact to air quality in South Dakota. DENR 

considered the comment; but did not propose any changes to the draft rule revisions. 

4. Comment: "Regarding the removal of the Mercury Budget Trading Program ... assume 

the state will undergo a case-by-case MACT analysis for new or modified major sources 

with mercury emissions, in accordance with section 112G) of the Clean Air Act." 

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Response: DENR will follow the regulations that are in affect at the time a new source 

or a modified source submits its application. For sources that construct or reconstruct a 

major source of hazardous air pollutants and is not being regulated by a current standard 

such as the maximum available control technology standards established in 40 CFR Part 

63, DENR will follow the requirements for section 112(g) of the Clean Air Act for new 

or modified sources that is outlined in 40 CFR §§ 63.40 through 63.44 (ARSD 

74:36:08:03.01). The requirements implemented in section 1120) of the Clean Air Act 

are established in 40 CFR §§ 63.50 through 63.56 (ARSD 74:36:08:03.01) and are for 

existing sources that EPA has failed to promulgate a standard by its established deadline. 

DENR considered the comment; but did not propose any changes to the draft rule 

revisions. 

5. Comment: " ... concern is the proposed requirement to include prepared plans and 

specification of any equipment or other facilities with application for a construction 

permit ... prepared plans and specification are not available in the early stages of project 

development ... " 

Response: DENR agrees that for large projects, prepared plans and specifications are 

not available at the time an application is required prior to construction. Therefore, 

DENR agrees to revise the language in ARSD 74:36:20:07(4), by adding "If available" at 

the beginning of the subsection. This revision will require plans and specifications to be 

submitted only if they are available . 

6. Comment: " ... add language "actual on-site" to Administrative Rule of South Dakota 

74:36:20:06." 

Response: The term "actual on-site" is used as part of the definition for commenced 

construction in ARSD 74:36:01:21. Therefore, this language is already incorporated into 

the suggested section by the definition of commenced construction. DENR considered 

the comment; but did not propose any changes to the draft rule revisions. 

7. Comment: " ... consider adding a provision ... contents of construction permit that would 

allow for construction and operation of units that differ from the design described in the 

application without obtaining approval from the Secretary provided the final design does 

not significantly differ from the design described in the application and the final design 

would still demonstrate compliance with the National Ambient Air Quality Standards and 

PSD increments ... " 

Response: DENR believes this request is best suited for the case-by-case review of the 

application for the minor or Title V air quality operating permit, whichever is applicable. 

During this review, DENR can determine if the actual construction differed and if so, is it 

significant enough to warrant operational limits or requirement more restrictive than the 

construction permit. DENR considered the comment; but did not propose any changes to 

the draft rule revisions. 

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8. Verbal Comment: " ... can not exempt Subparts EEEEEE, FFFFFF, GGGGGG, 

YYYYY, MMMMMM, and SSSSSS from obtaining a Title V permit." 

Response: Some of the area source hazardous air pollutant regulations allow a source to 

be exempt from the obligation to obtain a Part 70 operating permit while others are 

required to obtain a Part 70 operating permit. In accordance with 40 CFR §§ 63.11146(d) 

(Subpart EEEEEE), 63.11153(d) (Subpart FFFFFF), 63.11160(c) (Subpart GGGGGG), 

63.1 0680( d) (Subpart YYYYY), 63 .11400( d) (Subpart MMMMMM), and 63 .11449( e) 

(Subpart SSSSSS) it states that an area source subject to these subparts must obtain a Part 

70 operating permit. DENR removed the recommended exemption in ARSD 

74:36:08:100, 74:36:08:101, 74:36:08:102, 74:36:08:104, 74:36:08:110, and 

74:36:08:116. 

9. Verbal Comment: " ... the Administrative Rules of South Dakota 74:36:08:02.02, 

74:36:08:02.03, and 74:36:08:02.04 should reference 40 CFR Part 61 instead of 40 CFR 

Part 60." 

Response: The federal regulations DENR is recommending to include do come from 40 

CFR Part 61. D ENR corrected the reference to the appropriate Part. 

10. Comment: "The citation referenced in ARSD 74:36:07:03 should be revised ... " 

Response: The federal regulations for electric utility steam generators were recently 

revised. During the revision process, the federal citations were also revised. DENR will 

revise ARSD 74:36:07:03 to the correct federal citations. 

11. Comment: "The title of ARSD 74:36:07:74 should be revised to clarify volatile organic 

compounds are addressed ... " 

Response: DENR will revise the title of ARSD 74:36:07:74 from "Standards of 

performance for volatile organic emissions from polymer manufacturing industry" to 

"Standards of performance for volatile organic compound emissions from polymer 

manufacturing industry". 

12. Comment: " ... there are instances ... where titles are altered, abbreviated or contain 

typographical error .... reiterate that a difference in title merits no difference in 

applicability." 

Response: As noted in the Legislative Research Council's Guide to Form and Style for 

Administrative Rules of South Dakota, the title given to each rule is called a catchline. 

Catchlines help the reader find topics more quickly and provide a quick index to the rules 

when listed in the contents of the chapter. Catchlines are not part of the rules. Everything 

in the catchline that is essential to the rule must be repeated in the body of the rule. The 

important part of the rule is the reference to the federal citation. As such there is no 

difference in applicability because the federal citation identifies the applicability that is 

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referenced by the administrative rule. DENR considered the comment; but did not 

propose any changes to the draft rule revisions. 

13. Comment: " ... proposed regulation at 74:36:04: 15(9) would allow for compliance with 

either State law or the Clean Air Act. Compliance must be with both state and Federal 

Requirements, the "or" ... should be "and" ... " 

Response: DENR agrees to make this recommended change. 

14. Comment: " ... 74:36:04:06 needs language that a minor source applying for an initial 

operating has already complied with modification requirements in 74:36:20:06" and" .. . 

74:36:05:08(2) may suggest a Permittee needs to only submit a complete application ... to 

prevent confusion in the future, the language should be revised ... If the source has already 

complied with the modification requirements of74:36:20 or 74:36:09 or 74:36:10 ... " 

Response: The concern appears to be that an owner or operator of source may think that 

just an operating permit is required and forgo the construction permitting process. A new 

source or modification to an existing source will be required to apply for and obtain a 

construction permit prior to constructing the facility or modification under one of the 

construction permit programs. The requirement to obtain one of these construction 

permits is not overridden by the requirements to obtain an operating permit. The 

operating permit is in addition to the construction permit. However, DENR does agree 

that it would be beneficial to identify that a construction permit is required before 

constructing the new source or modification in the operating permit program. DENR will 

identify this with a note at the end of ARSD 74:36:04:06 and 74:36:05:08. 

15. Comment: "Minor Permit Amendment is inconsistent with Part 70 definition of a 

procedure ... for consistency, this should be Minor Permit Modification ... " 

Response: DENR used a different term in an attempt to distinguish between the federal 

terms such as a major modification under the Prevention of Significant Deterioration 

program, a major modification under the Part 70 permitting program, and a minor 

modification under the Part 70 permitting program. DENR considers the term minor 

permit amendment instead of minor modification brings clarity and consistency to its 

permitting programs. DENR considered the comment; but did not propose any changes 

to the draft rule revisions. 

16. Verbal Comment: "Several of the federal regulations for national emission standards for 

hazardous air pollutants have been revised by adding an additional section or a table to 

the subpart. It is recommended that for those Administrative Rules of South Dakota in 

chapter 74:36:08 that do not reference the subpart be revised to reference the subpart to 

account for these changes." 

Response: Generally, the adoption by reference to a subpart was done because the 

subpart contained a table or an appendix that was not directly associated with the 

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numbering of the federal regulation. If there was no such table or appendix, the adoption 

by reference was to a specific set of federal regulations numbers. For consistency and to 

incorporate the identified new sections, tables and appendixes, ARSD chapter 74:36:08 

will be revised to reference the subpart lettering scheme. 

17. Verbal Comment: The regulations for dry cleaners, chromium electroplating (09), and 

halogenated solvent cleaning (13) identified in Administrative Rules of South Dakota 

74:36:08:04, 74:36:08:09, 74:36:08:13, reference a December 9, 2005, date. The federal 

regulations have been revised stating area sources have a permanent exemption from a 

Part 70 operating permit. The reference to the December 9, 2005, date should be 

removed. 

Response: In accordance with 40 CFR §§ 63.320(k), 63.340(e), 63.460(h), the federal 

rules note that an area source subject to these subparts is exempt from the obligation to 

obtain a Part 70 permit provided the source is not required to obtain a Part 70 permit for 

other reasons. DENR agrees to make the recommended changes . 

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Appendix A 

Proposed Amendments 

to 

ARSD 74:36- Air Pollution Control Program 
• 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.