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•
• 74:36:07:58. Standards of performance for triple superphosphate plant. The standards ofperformance 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 SDR217, effective June 13, 2007. GeneralAuthority: SDCL 34A-1-6. LawImplemented: SDCL 34A-1-18. 74:36:07:59. Standards of performance for granular triple superphosphate storage facility. The standards ofperformance 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 SDR217, effective June 13, 2007. GeneralAuthority: SDCL 34A-1-6. LawImplemented: SDCL 34A-1-18. 74:36:07:60. Standards ofperformance for ferroalloy productionplant. 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 SDR217, effective June 13, 2007. GeneralAuthority: SDCL 34A-l-6. LawImplemented: 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 ofperformance for electric arc furnaces and argon-oxygen decarburization vessels are those in40 C.F.R. §§ 

### 60.270a to 60.276a, inclusive, (Jal-y 

### 1, 2006 July 1, 

### 2009). Source: 33 SDR 217, effective June 13, 2007. GeneralAuthority: SDCL 34A-l-6. LawImplemented: SDCL 34A-1-18. 74:36:07:62. Standards of performance for kraft pulp mills. The standards of 

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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 SDR217, effective June 13, 2007. GeneralAuthority: SDCL 34A-1-6. LawImplemented: SDCL 34A-1-18. 74:36:07:63. Standards ofperformance 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 SDR217, effective June 13, 2007.
164 

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•
• GeneralAuthority: SDCL 34A-1-6. LawImplemented: SDCL 34A-1-18. 74:36:07:64. Standards of performance for surface coating of metal furniture. The standards ofperformance for surface coating ofmetal furniture are those in 40 C.F.R. §§ 60.310 to 60.316, inclusive, (July 1, 2QQ6 July 1, 2009). Source: 33 SDR217, effective June 13, 2007. GeneralAuthority: SDCL 34A-1-6. LawImplemented: SDCL 34A-1-18. 74:36:07:65. Standards of performance for lead-acid battery manufacturing plant. The standards ofperformance 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, effectiveJune 13, 2007. GeneralAuthority: SDCL 34A-1-6. LawImplemented: SDCL 34A-1-18. 74:36:07:66. Standards ofperformance for automobile and light duty truck surface coating operations. The standards ofperformance 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). 165Source: 33 SDR217, effective June 13,2007. General Authority: SDCL 34A-1-6. LawImplemented: 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 SDR217, effectiveJune 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 ofperformance for ammonium sulfate manufacture are those in40 C.F.R. §§ 60.420 to 60.424, inclusive, (July 1, 2006 July 1, 2009). Source: 33 SDR217, effective June 13, 2007. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18.

!66 

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•

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•
• 74:36:07:69. Standards of performance for industrial surface coating -- Large appliances. The standards ofperfonnance for industrial·surface coating oflarge appliances are those in40 C.F.R. §§ 60.450 to 60.456, inclusive, 

### (Ally 1, 2006 July 

### 1. 2009). Source: 33 SDR217, effectiveJune 13, 2007. GeneralAuthority: 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 SDR217, effective June 13, 2007. GeneralAuthority: 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 in40 C.F.R. §§ 60.470 to 60.474, inclusive, (J1:1ly 1, 2006 July I, 2009). Source: 33 SDR 217, effectiveJune 13, 2007. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18. 16774:36:07:72. Standards of performance for beverage can surface coating industry. The standards ofperformance 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 SDR217, effective June 13, 2007. GeneralAuthority: SDCL 34A-l-6. LawImplemented: SDCL 34A-1-18. 74:36:07:73. Standards ofperformance for rubber tire manufacturing industry. The standards ofperformance for rubbertire manufacturing industry are those in40 C.F.R. §§ 60.540 

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to 60.548, inclusive, (July 1, 2009 July 1, 2009). • Source: 33 SDR217, effective June 13, 2007. GeneralAuthority: SDCL 34A-1-6. LawImplemented: SDCL 34A-l-18. 74:36:07:74. Standards ofperformance for volatile organic emissions from polymer manufacturing industry. The standards ofperformance for polymermanufacturing industry are those in40 C.F.R. §§ 60.560 to 60.566, inclusive, (Jaly 1, 2009 July 1, 2009). Source: 33 SDR217, effectiveJune 13, 2007. GeneralAuthority: SDCL 34A-1-6.
168 

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# • LawImplemented: SDCL 34A-l-18. 74:36:07:75. Standards of performance for flexible vinyl and urethane coating and printing. The standards ofperformance for flexible vinyl and urethane coating and printing are those in40 C.F.R. §§ 60.580 to 60.585, inclusive, (July 1, 2.906 July 1, 2009). Source: 33 SDR 217, effectiveJune 13, 2007. GeneralAuthority: SDCL 34A-l-6. LawImplemented: SDCL 34A-l-18. 74:36:07:76. Standards of performance for equipment leaks of VOC in petroleum • refineries. The standards ofperformance for equipmentleaks inpetroleumrefineries are those in


# • 40 C.F.R. §§ 60.590 to 60.593, inclusive, (Jely 1, 2006 July 1, 2009). Source: 33 SDR217, effectiveJune 13, 2007. GeneralAuthority: SDCL 34A-l-6. LawImplemented: SDCL 34A-l-18. 74:36:07:76.01. Standards ofperformance for equipment leaks ofVOC in petroleum refineries. The standards ofperformance 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: GeneralAuthority: SDCL 34A-l-6. LawImplemented: 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. GeneralAuthority: SDCL 34A-l-6. LawImplemented: 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 ofperformance 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. GeneralAuthority: SDCL 34A-l-6. LawImplemented: SDCL 34A-l-18. 74:36:07:79. Standards of performance for equipment leaks of VOC from onshore natural gas processing plant. The standards ofperformance for equipment leaks from onshore
170 

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•
•

# •
•
• natural gas processingplants are those in40 C.F.R. §§ 60.630 to 60.636, inclusive, (Ally 1, 2QQ6 July 1' 2009). Source: 33 SDR217, effectiveJune 13, 2007. GeneralAuthority: SDCL 34A-l-6. LawImplemented: SDCL 34A-l-18. 74:36:07:80. Standards of performance for onshore natural gas processing. The standards ofperformance 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 SDR217, effectiveJune 13, 2007. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18. 74:36:07:81. Standards ofperformance for wool fiberglass insulation manufacturing plant. The standards of performance for wool fiberglass insulation manufacturing plants are those in40 C.F.R. §§ 60.680to 60.685, inclusive, (Ally 1, 2Q06 July 1, 2009). Source: 33 SDR217, effectiveJune 13,2007. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-l-18.

17174:36:07:82. Standards ofperformance for VOC emissions from petroleum refinery wastewater system. The standards ofperformance for petroleum refinery wastewater systems are those in40 C.F.R. §§ 60.690 to 60.699, inclusive, (July 1, 2006 July 1, 2009).

· Source: 33 SDR217, effective June 13, 2007.

General Authority: SDCL 34A-1-6. LawImplemented: SDCL 34A-1-18. 74:36:07:83. Standards of performance for industrial surface coating - Surface coating ofplastic parts for business machines. The standards ofperformance for the surface coating of plastic parts for business machines are those in 40 C.F.R. §§ 60.720 to 60.726, 

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inclusive, (July 1, 2006 July 1. 2009). • Source: 33 SDR217, effective June 13,2007. GeneralAuthority: SDCL 34A-1-6. LawImplemented: SDCL 34A-1-18. 74:36:07:84. Standards of performance for polymeric coating of supporting substrates facility. The standards ofperformance for polymeric coating ofsupporting substrates facilities are those in40 C.F.R. §§ 60.740 to 60.748, inclusive, 

### (J1:11y 1, 2006 July 1, 2009). Source: 33 SDR217, effective June 13, 2007. GeneralAuthority: SDCL 34A-1-6.
172 

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•
• LawImplemented: SDCL 34A-1-18. 74:36:07:85. Standards ofperformance 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 SDR217, effective June 13, 2007. GeneralAuthority: SDCL 34A-1-6. LawImplemented: 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 SDR217, effective June 13, 2007. GeneralAuthority: SDCL 34A-1-6. LawImplemented: SDCL 34A-1-18.

17374:36:07:87. 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 ofperformance for other solid waste incinerationunits are those in40 C.F.R. § 60, SubpartEEEE (Ally 1, 2QQ€iJuly 1, 2009). Source: 33 SDR 217, effective June 13, 2007. GeneralAuthority: SDCL 34A-1-6. LawImplemented: SDCL 34A-l-18. 74:36:07:88. Standards ofperformance for stationary compression ignition internal combustion engines. The standards ofperformance for stationary compression ignition internal 

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combustion engines are those in 40 C.F.R. § 60, Subpart IIII (All-y 1, 2QQ6 July 1, 2009). A • source subjectto 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 subjectto this subpart. Source: 33 SDR217, effective June 13, 2007. GeneralAuthority: SDCL 34A-1-6. LawImplemented: SDCL 34A-1-18. 74:36:07:89. Standards of performance for stationary combustion turbines. The standards ofperformance for stationary combustionturbines are those in40 C.F.R. §§ 60.4300 to 60.4420, inclusive, (Ally 1, 2QQ€iJuly 1, 2009).
174 

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•
• Source: 33 SDR217, effectiveJune 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 ofperformance 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. CHAPTER74:36:08 NATIONAL EMISSION STANDARDS FORHAZARDOUS AIRPOLLUTANTS

Section 74:36:08:00 Administrator defmed.
17574:36:08:01 General provisions-- National emission standards for hazardous airpollutants. 74:36:08:02 Emission standards for asbestos airpollutants. 74:36:08:02.01 Emission standards for equipmentleaks (fugitive emission sources) ofbenzene. 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 CleanAirAct sections 112(g) and 1120). Nationalperchloroethylene air emission standards for dry cleaning facilities. National emission standards for organic hazardous air pollutants from the synthetic organic chemicalmanufacturingindustry. National emission standards for organic hazardous air pollutants from synthetic 

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organic chemical manufacturing industry process vents, storage vessels, • transfer operations, andwastewater. 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 subjectto negotiatedregulations for equipmentleaks. 74:36:08:09 National emission standards for chromium emissions from hard and decorative chromiumelectroplating andchromium anodizingtanks. 74:36:08:10 National emission standards for ethylene oxide emissions from sterilization facilities. 74:36:08:11 National emission standards for industrialprocess cooling towers. 

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# • 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 andpipelinebreakout 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, androutingto a fuel gas systemora process. 

# • 74:36:08:20.02 National emission standards for equipmentleaks. 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 cementmanufacturing industry. National emission standards for hazardous air pollutants for pesticide active ingredientproduction. National emission standards for theprinting andpublishingindustry. National emission standards for oil and natural gas productionfacilities.
17774:36:08:25 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 aluminumproduction. National emission standards for publicly ownedtreatmentworks. National emission standards for solventextraction for vegetable oilproduction. National emission standards for paper and otherweb coating. National emission standards for municipal solid waste landfills. National emission standards for surface coating ofmetal 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 andproducts. National emission standards for reinforcedplastic compositesproduction. National emission standards for stationary combustionturbines. 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 andprocess heaters. National emission standards forpolyvinyl chloride and copolymersproduction. National emission standards for coke ovenbatteries. National emission standards forpulp andpaperindustry. National emission standards for group I polymers andresins. National emission standards for epoxy resins production and non-nylon polyamidesproduction. National emission standards for secondary lead smelting. National emission standards forphosphoric acidmanufacturing plants. National emission standards for phosphate fertilizers productionplants. National emission standards forpetroleumrefineries. National emission standards for off-site waste andrecovery operations. National emission standards for magnetic tape manufacturing operations. National emissimi standards for primary aluminumreductionplants. National emission standards for chemical recovery combustion sources at kraft, soda, sulfite, and stand-alone semichemicalpulp mills. National emission standards for ethylene manufacturing process units -- Heat exchange systems andwaste operations. Generic maximum achievable control technology standards. National emission standards for steel pickling -- HCl process facilities and hydrochloric acidregenerationplants. National emission standards for mineral woolproduction.
17974:36:08:59 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 pharmaceuticalproduction. National emission standards for group IVpolymers andresins. National emission standards for wool fiberglass production. National emission standards for manufacture ofamino/phenolic resins. National emission standards for polyetherpolyols production. National emission standards for primary copper smelting. National emission standards for primarylead smelting. National emission standards for petroleum refineries -- Catalytic cracking, catalyticreforming, and sulfurrecovery units. National emission standards for ferroalloy production -- Ferromanganese and silicomanganese. National emission standards for the manufacture ofnutritional yeast. National emission standards for plywood and composite woodproducts. National emission standards for non-gasoline organic liquids distribution. National emission standards for miscellaneous organic chemical manufacturing. National emission standards for wet-formed fiberglass matproduction. National emission standards for surface coating ofautomobiles and light duty trucks. National emission standards for surface coating ofmetal cans. National emission standards for surface coating oflarge appliances. National emission standards for printing, coating, and dyeing of fabrics and othertextiles.
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 ofplasticparts andproducts. National emission standards for surface coating ofwoodbuilding products. National emission standards for surface coating ofmetal coil. National emission standards for leatherfinishing operations. National emission standards for celluloseproducts manufacturing. National emission standards for boatmanufacturing. National emission standards for rubbertire manufacturing. National emission standards for lime manufacturing plants. National emission standards for semiconductormanufacturing. 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 coatingmanufacturing. National emission standards for mercury cell chlor-alkaliplants. National emission standards for clay ceramics manufacturing. National emission standards for flexible polyurethane foam fabrieatieR eperatieRs production. National emission standards for hydrochloric acidproduction. National emission standards for friction materials manufacturing facilities. National emission standards for taconite iron oreprocessing. National emission standards for refractory products manufacturing. National emission standards for primarymagnesiumrefining.
18174:36:08:99 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, andberyllium. 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, andpipeline 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 carbonblackproduction 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 acidbatterv manufacturing area sources. 182 

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•

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• 74:36:08:114 National emission standards for woodpreserving 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 ofthis chapter, "administrator" means the secretary, except for those authorities which cannotbe delegatedto the state, inwhich case "administrator" meansboththe administrator ofEPA and the secretary. Source: 19 SDR 157, effective April 22, 1993; transferred from § 74:36:08:01, 21 SDR 119, effectiveJanuary 5, 1995. GeneralAuthority: SDCL 34A-l-6. LawImplemented: SDCL 34A-l-6, 34A-l-19.

18374:36:08:01. General provisions -- National emission standards for hazardous air pollutants. The general provisions for the national emission standards for hazardous air pollutants are those in40 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 SDR26, 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. GeneralAuthority: SDCL 34A-1-6. LawImplemented: SDCL 34A-1-6, 34A-1-19. 

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74:36:08:02. Emission standards for asbestos air pollutants. The emission standards • for asbestos airpollutants arethose in40 C.F.R. § 61, SubpartM 

### (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 SDR217, effective June 13, 2007. GeneralAuthority: SDCL 34A-1-6. LawImplemented: SDCL 34A-1-6, 34A-1-19.
184 

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# • 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 SDR217, effectiveJune 13, 2007. GeneralAuthority: SDCL 34A-1-6. LawImplemented: 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: GeneralAuthority: SDCL 34A-1-6. LawImplemented: 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: GeneralAuthority: SDCL 34A-1-6. 185Law 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 ofbenzene 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. LawImplemented: SDCL 34A-1-6, 34A-1-19.

186 

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• 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 SDR217, effectiveJune 13,2007. 

### GeneralAuthority: SDCL 34A-1-6. 

### LawImplemented: 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 in40 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, effectiveJanuary 2, 2005; 32 SDR209, effective June 13, 2006; 33 SDR217, effectiveJune 13, 2007. !87GeneralAuthority: SDCL 34A-l-6. 

# • LawImplemented: 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, SubpartF 

### (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. GeneralAuthority: SDCL 34A-l-6. LawImplemented: 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 SDR209, effective June 13, 2006; 33 SDR217, effectiveJune 13, 2007. 

### GeneralAuthority: SDCL 34A-l-6. 

### LawImplemented: 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 equipmentleaks are those in40 C.F.R. § 63, SubpartH (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 SDR209, effective June 13, 2006; 33 SDR217, effectiveJune 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

189negotiated 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 SDR209, effective June 13, 2006; 33 SDR217, effective June 13, 2007. General Authority: SDCL 34A-l-6. LawImplemented: 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. Anarea source must still meetthe applicable requirements in40 C.F.R. § 63, SubpartN (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 chromiumbath 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, SubpartN (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 SDR209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007.General Authority: SDCL 34A-l-6. LawImplemented: SDCL 34A-l-6, 34A-l-19. Cross-Reference: Operatingpermits for part70 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 permitprovided the source is not required to obtain a Part 70 operating permit for a reason otherthanthe source is subjectto 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 SDR217, effective June 13, 2007.GeneralAuthority: SDCL 34A-l-6. 

# • LawImplemented: SDCL 34A-l-6, 34A-l-19. 19174:36:08:11. 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 SDR209, effective June 13, 2006; 33 SDR217, effective June 13, 2007.GeneralAuthority: SDCL 34A-1-6. LawImplemented: 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 in40 C.F.R. § 63, SubpartR (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, effectiveJune 13, 2006; 33 SDR217, 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 solventcleaning are those in40 C.P.R. § 63, Subpart T (J\ily 1, 2996 July 1, 2009). An area source that falls underthese 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 meetthe 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 otherthanthe sourceis subjectto 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 SDR209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007.

### GeneralAuthority: 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 in40 C.P.R.§ 63, Subpart

### JJ (J\ily 1, 2996 July 1, 2009). 193Source: 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 SDR217, effective June 13, 2007. General Authority: SDCL 34A-l-6. LawImplemented: 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. LawImplemented: 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 SDR26, 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. 

### GeneralAuthority: 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). 

# • 195Source: 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. GeneralAuthority: SDCL 34A-l-6. LawImplemented: 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. GeneralAuthority: SDCL 34A-l-6. LawImplemented: 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 in40 C.F.R. §§ 63.1040 to 63.1049, inclusive, (Jal:y 1, 2006 July 1, 2009). Source: 25 SDR 123, effective April4, 1999; 30 SDR26, 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

# •
•
• GeneralAuthority: SDCL 34A-1-6. LawImplemented: 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 SDR26, effective September I, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR209, effectiveJune 13, 2006; 33 SDR217, effectiveJune 13, 2007. GeneralAuthority: SDCL 34A-1-6. LawImplemented: 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 in40 C.F.R. § 63, SubpartUU (July 1, 2006 July 1, 2009). Source: 30 SDR26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR209, effectiveJune 13, 2006; 33 SDR217, effective June 13, 2007. GeneralAuthority: SDCL 34A-l-6. LawImplemented: SDCL 34A-1-6, 34A-1-19. 19774:36:08:21. 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, effectiveJune 27, 2000; 30 SDR26, 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 in40 C.F.R. § 63, SubpartMMM 

### (JHly l, 2QQ6 July 1, 2009). Source: 26 SDR 168, effective June 27, 2000; 30 SDR26, 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, 2996July 1, 2009). 

### Source: 26 SDR 168, effective June 27, 2000; 30 SDR26, 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 permitifthe unit is not required to install controls and provided the source is not required to obtain a Part 70 operating permit for areason otherthan the source is subjectto this subpart. 

### Source: 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR209, effective June 13, 2006; 33 SDR217, effective June 13, 2007. 

### GeneralAuthority: SDCL 34A-1-6. 

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

19974:36:08:25. 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, SubpartHHH (July 1, 2006 July 1, 2009). Source: 30 SDR26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR209, effective June 13, 2006; 33 SDR217, effective June 13, 2007. GeneralAuthority: SDCL 34A-1-6. LawImplemented: 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, SubpartRRR(July 1, 2006 July 1, 2009). Source: 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR209, effective June 13, 2006; 33 SDR217, effective June 13, 2007. GeneralAuthority: SDCL 34A-1-6. LawImplemented: 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, SubpartVVV (July 1, 2006 July 1, 2009).

200 

# •
•
•

# •
•
• Source: 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR209, 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 ofvegetable oil production are those in40 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 SDR209, effective June 13, 2006; 33 SDR217, 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 in40 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 SDR217, effective June 13, 2007. 

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

### LawImplemented: SDCL 34A-1-6, 34A-1-19.

20174:36:08:30. National emission standards for municipal solid waste landfills. The national emission standards for municipal solid waste landfills are those in40 C.F.R. §§ 63.1930 to 63.1990, inclusive, (July 1, 2006 July l, 2009). Source: 30 SDR26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR209, effective June 13, 2006; 33 SDR217, effectiveJune 13, 2007. GeneralAuthority: SDCL 34A-l-6. LawImplemented: SDCL 34A-l-6, 34A-l-19. 74:36:08:31. National emission standards for surface coating ofmetal 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 SDR217, effective June 

### 13, 2007. GeneralAuthority: SDCL 34A-1-6. LawImplemented: 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 SDR217, effectiveJune 13, 2007. General Authority: SDCL 34A-1-6. LawImplemented: 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 • SDR217, effectiveJune 

### 13, 2007.


# • General Authority: SDCL 34A-l-6. LawImplemented: SDCL34A-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 SDR217, effectiveJune 13,2007. GeneralAuthority: SDCL 34A-l-6. 203Law 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 in40 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, effectiveJune 13, 2007. GeneralAuthority: SDCL 34A-1-6. LawImplemented: 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, effectiveJune 13, 2007. GeneralAuthority: SDCL 34A-l-6. LawImplemented: SDCL 34A-1-6, 34A-1-19. 74:36:08:37. National emission standards for surface coating ofmiscellaneous metal parts and products. The national emission standards for surface coating ofmiscellaneous metal

204 

# •

# •
•
• parts andproducts as publishedin 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 SDR217, 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 in40 C.P.R.§§ 63.5780 to 63.5935, inclusive, (July 1, 2006 July 1, 2009). Source: 32 SDR209, effectiveJune 13, 2006; 33 SDR 217, effective June 13, 2007. General Authority: SDCL 34A-l-6. LawImplemented: SDCL 34A-l-6, 34A-l-19. 74:36:08:39. National emission standards for stationary combustion turbines. The national emission standards for stationary combustionturbines are those in 40 C.P.R. §§ 63.6080 to 63.6175, inclusive, (July 1, 2006 July 1, 2009). Source: 32 SDR209, effectiveJune 13, 2006; 33 SDR217, 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 SDR217, 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 SDR217, effective June 13, 2007. 

### GeneralAuthority: 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 arethose in40 C.F.R. §§ 63.210 to 63.217, inclusive, (Jtily 1, 2QQ6 July 1, 2009).

206 

# •

# •
•
• Source: 33 SDR217, effective June 13, 2007. GeneralAuthority: SDCL 34A-1-6. LawImplemented: 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. GeneralAuthority: SDCL 34A-1-6. LawImplemented: 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 SDR217, effective June 13, 2007. GeneralAuthority: SDCL 34A-1-6. LawImplemented: 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). 207Source: 33 SDR217, effective June 13, 2007. GeneralAuthority: SDCL 34A-1-6. LawImplemented: 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 SDR217, effective June 13,2007. GeneralAuthority: SDCL 34A-1-6. LawImplemented: 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 SDR217, effective June 13, 2007. GeneralAuthority: SDCL 34A-1-6. LawImplemented: SDCL 34A-1-18.

208 

# •
•
•

# •
•
• 74:36:08:48. National emission standards for phosphoric acid manufacturing plants. The national emission standards forphosphoric acid manufacturingplants are those in40 C.F.R. § 63, SubpartAA (J1:1l-y 1, 2006 July 1, 2009). Source: 33 SDR217, effective June 13, 2007. GeneralAuthority: 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 productionplants are those in 40 C.F.R. § 63, Subpart BB (J\:11-y 1, 2006 July 1, 2009). Source: 33 SDR217, effective June 13, 2007. General Authority: SDCL 34A-1-6. LawImplemented: 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, 2006July 1, 2009). Source: 33 SDR 217, effective June 13, 2007. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18. 20974:36:08:51. National emission standards for off-site waste and recovery operations. The national emission standards for off-site waste andrecovery operations are those in40 C.F.R. § 63, SubpartDD 

### (July I, 2QQ6 July l, 2009). Source: 33 SDR217, effective June 13, 2007. GeneralAuthority: SDCL 34A-l-6. LawImplemented: 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 in40 C.F.R. § 63, SubpartEE 

### (JuJ..y 1, 2QQ6 July l, 2009). Source: 33 SDR217, effective June 13, 2007. GeneralAuthority: SDCL 34A-1-6. LawImplemented: 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, SubpartLL 

### (JuJ..y 1, 2QQ6 July l,2009). Source: 33 SDR217, effectiveJune 13, 2007. GeneralAuthority: SDCL 34A-1-6. 210 

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•
• LawImplemented: 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 semichemicalpulpmills are those in40 C.F.R. § 63, SubpartMM (July l, 2QQ6 July 1. 2009). Source: 33 SDR217, effectiveJune 13, 2007. GeneralAuthority: SDCL 34A-l-6. Law Implemented: SDCL 34A-1-18. 74:36:08:55. National emission standardsfor ethylene manufacturingprocess 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 SDR217, effectiveJune 13, 2007. GeneralAuthority: SDCL 34A-1-6. LawImplemented: SDCL 34A-1-18. 74:36:08:56. Generic maximum achievable controltechnology standards. The generic maximum achievable control technology standards are those in40 C.F.R. §§ 63.1100 to 63.1114, inclusive, (July 1, 2QQ6 July 1, 2009). 211Source: 33 SDR217, effective June 13, 2007. GeneralAuthority: SDCL 34A-1-6. LawImplemented: 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 SDR217, effectiveJune 13, 2007. GeneralAuthority: SDCL 34A-1-6. LawImplemented: 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 SDR217, effectiveJune 13, 2007. GeneralAuthority: SDCL 34A-1-6. LawImplemented: 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 SDR217, effectiveJune 13, 2007. General Authority: SDCL 34A-1-6. LawImplemented: 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 SDR217, effectiveJune 13, 2007. GeneralAuthority: SDCL 34A-1-6. LawImplemented: 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, SubpartJJJ 

### (J.aly 1:, 2996 July 1, 2009). Source: 33 SDR217, effective June 13, 2007. GeneralAuthority: SDCL 34A-1-6. LawImplemented: SDCL 34A-1-18. 21374:36:08:62. National emission standardsfor 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 SDR217, effective June 13, 2007. GeneralAuthority: SDCL 34A-1-6. LawImplemented: SDCL 34A-1-18. 74:36:08:63. National emission standards for manufacture ofamino/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 SDR217, effective June 13, 2007. GeneralAuthority: SDCL 34A-1-6. LawImplemented: SDCL 34A-1-18. 74:36:08:64. National emission standards for polyether polyols production. The national emission standards forpolyetherpolyolsproduction are those in 40 C.F.R. § 63, Subpart PPP (July 1, 20Q6 July 1, 2009). Source: 33 SDR217, effectiveJune 13, 2007. GeneralAuthority: SDCL 34A-1-6.
214 

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# • LawImplemented: 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. GeneralAuthority: SDCL 34A-1-6. LawImplemented: 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, 2006July 1, 2009). 

# • Source: 33 SDR217, effectiveJune 13, 2007. GeneralAuthority: SDCL 34A-l-6. LawImplemented: 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 sulfurrecoveryunits atpetroleumrefineries are those in40 C.F.R. § 63, SubpartUUU (Ittly 1, 2QQ6 July 

### 1. 2009).

215Source: 33 SDR217, effectiveJune 13, 2007. General Authority: SDCL 34A-l-6. LawImplemented: 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 SDR217, effective June 13, 2007. GeneralAuthority: SDCL 34A-l-6. LawImplemented: SDCL 34A-l-18. 74:36:08:69. National emission standards for the manufacture of nutritional yeast. The national emission standards for the manufacture ofnutritional yeast are those in 40 C.F.R. § 63, Subpart

## ecce (July 1, 2QQ6 July 

### 1. 2009). Source: 33 SDR217, effective June 13,2007. GeneralAuthority: SDCL 34A-l-6. LawImplemented: SDCL 34A-l-18.

216 

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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, SubpartDDDD (July I, 2006 July 1, 2009). 

### Source: 33 SDR217, effectiveJune 13, 2007. 

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

### LawImplemented: 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 in40 C.F.R. § 63, SubpartEEEE (fuly I, 2006 July 1, 2009). 

### Source: 33 SDR217, effectiveJune 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 in40 C.F.R. 

### § 63, SubpartFFFF (July 1, 2006 July 1, 2009). 

### Source: 33 SDR217, effectiveJune 13, 2007. 

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

### Law Implemented: SDCL 34A-1-18. 21774:36:08:73. National emission standards for wet-formed fiberglass mat production. The national emission standards for wet-formed fiberglass matproduction are those in40 C.P.R. § 63, SubpartHHHH (JHly 1, 2006 July 1, 2009). Source: 33 SDR217, effective June 13, 2007. General Authority: SDCL 34A-1-6. LawImplemented: 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 ofautomobiles and light dutytrucks are those in40 C.P.R. 

### § 63, SubpartIIII 

### (Ja-ly 1, 2006 July 1, 2009). Source: 33 SDR217, effectiveJune 13,2007. GeneralAuthority: SDCL 34A-1-6. LawImplemented: 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, SubpartKKKK (July 1, 2006 July 1, 2009). Source: 33 SDR217, effective June 13, 2007. GeneralAuthority: SDCL 34A-1-6.
218 

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# • LawImplemented: SDCL 34A-l-18. 74:36:08:76. National emission standards for surface coating oflarge appliances. The national emission standards for surface coating oflarge appliances are those in 40 C.F.R. § 63, SubpartNNNN (Jelly 1, 2006 July 1, 2009). Source: 33 SDR217, effective June 13,2007. GeneralAuthority: SDCL 34A-l-6. LawImplemented: SDCL 34A-l-18. 74:36:08:77. National emission standards for printing, coating, and dyeing offabrics • and other textiles. The national emission standards for printing, coating, and dyeing offabrics andothertextiles are those in40 C.F.R. § 63, Subpart 

### 0000(July 1, 2006 July 1, 2009). 

# • Source: 33 SDR217, effectiveJune 13, 2007. GeneralAuthority: SDCL 34A-1-6. LawImplemented: 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 ofplastic parts and products are those in40 C.F.R. § 63, SubpartPPPP 

### (July 1, 2006 July 1, 2009). Source: 33 SDR217, effectiveJune 13, 2007. 219GeneralAuthority: SDCL 34A-1-6. LawImplemented: 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 in40 C.F.R. § 63, Subpart

### QQQQ**(J~o!ly** 1, 2006 July 1, 2009). Source: 33 SDR217, effective June 13, 2007. GeneralAuthority: SDCL 34A-l-6. LawImplemented: SDCL 34A-l-18. 

# •

74:36:08:80. National emission standards for surface coating of metal coil. The • national emission standards for surface coating ofmetal coil are those in40 C.F.R. § 63, Subpart SSSS (July 1, 2006 July 1, 2009). Source: 33 SDR 217, effective June 13, 2007. GeneralAuthority: SDCL 34A-l-6. LawImplemented: 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 SDR217, effective June 13, 2007. GeneralAuthority: SDCL 34A-l-6. LawImplemented: 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, SubpartUUUU 

### (.Hil-y 1, 2006 July l, 2009). Source: 33 SDR217, effectiveJune 13, 2007. GeneralAuthority: SDCL 34A-l-6. LawImplemented: 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, 2006July l, 2009). Source: 33 SDR217, effective June 13, 2007. GeneralAuthority: SDCL 34A-l-6. LawImplemented: SDCL 34A-l-18. 74:36:08:84. National emission standards for rubber tire manufacturing. Thenational emission standards for rubber tire manufacturing are those in 40 C.F.R. § 63, Subpart XXXX 

### (.Hily 1, 2006 July l, 2009). 221Source: 33 SDR217, effective June 13, 2007. General Authority: SDCL 34A-I-6. LawImplemented: SDCL 34A-l-18. 74:36:08:85. National emission standards for lime manufacturingplants. 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 SDR217, effective June 13, 2007. GeneralAuthority: SDCL 34A-1-6. LawImplemented: 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, SubpartBBBBB (July 1, 2006 July 1, 2009). Source: 33 SDR217, effective June 13, 2007. GeneralAuthority: SDCL 34A-l-6. LawImplemented: 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, SubpartCCCCC (July 1, 2006 July l, 2009). Source: 33 SDR217, effective June 13, 2007. GeneralAuthority: SDCL 34A-l-6. LawImplemented: 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, SubpartEEEEE (July 1, 2006 July l, 2009). Source: 33 SDR217, effectiveJune 13, 2007. GeneralAuthority: SDCL 34A-1-6. LawImplemented: SDCL 34A-1-18. 74:36:08:89. National emission standards for site remediation. The national emission standards for siteremediation are those in40 C.F.R. § 63, Subpart GGGGG (July 1, 2006 

### .llib::...1. 2009). Source: 33 SDR217, effectiveJune 13, 2007. GeneralAuthority: SDCL 34A-1-6. LawImplemented: SDCL 34A-l-18. 22374:36:08:90. National emission standards for miscellaneous coating manufacturing. The national emission standards for miscellaneous coating manufacturing are those in 40 C.F.R. § 63, SubpartHHHHH (July 1, 2QQ€iJuly 1, 2009). Source: 33 SDR217, effective June 13, 2007. GeneralAuthority: SDCL 34A-l-6. LawImplemented: 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, SubpartIIIII (July 1, 2QQ€iJuly 1, 2009). Source: 33 SDR217, effective June 13, 2007. GeneralAuthority: SDCL 34A-1-6. LawImplemented: 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€iJuly 1, 2009). Source: 33 SDR217, effective June 13, 2007. GeneralAuthority: SDCL 34A-1-6.
224 

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• LawImplemented: 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. 

### GeneralAuthority: SDCL 34A-1-6. 

### LawImplemented: SDCL 34A-1-18. 

### 74:36:08:94. National emission standards for hydrochloric acid production. The national emission standards for hydrochloric acidproduction are those in 40

### C.F.R. § 63, 

### Subpart NNNNN (July 1, 2006 

### July l, 2009). 

### Source: 33 

### SDR 217, 

### effective June 13, 2007. 

### GeneralAuthority: SDCL 34A-1-6. 

### LawImplemented: 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).

225Source: 33 SDR217, effective June 13, 2007. General Authority: SDCL 34A-l-6. LawImplemented: 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, SubpartRRRRR (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 SDR217, effective June 13, 2007. General Authority: SDCL 34A-l-6. LawImplemented: SDCL 34A-1-18. 74:36:08:98. National emission standards for primary magnesium refining. The national emission standards for primary magnesiumrefining are those in40 C.F.R. 

### § 63, Subpart TTTTT (Jaly 1, 2006 July 1, 2009).
226 

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• Source: 33 SDR217, effective June 13, 2007. General Authority: SDCL 34A-l-6. LawImplemented: 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 operatingpermitfor a reason otherthan the source is subjectto this subpart. Source: 33 SDR217, effective June 13,2007. GeneralAuthority: SDCL 34Ac1-6. LawImplemented: 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 subpartis exempt from the obligationto obtain a Part 70 operatingpermitprovidedthe 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 SDR217, effective June 13, 2007. 

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

### LawImplemented: 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 subjectto this subpart. 

### Source: 33 SDR217, effectiveJune 13, 2007. 

### GeneralAuthority: 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, SubpartGGGGGG 

### (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 operatingpermitfor a reason otherthanthe source is subjectto this subpart. 

### Source: 33 SDR217, effective June 13, 2007. 228 

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• General Authority: SDCL 34A-l-6. LawImplemented: 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 subjectto this subpart is exempt from the obligation to obtain a Part 70 operating permit provided the source is not required to obtain a Part70 operatingpermitfor a reason otherthan the source is subject to this subpart. Source: General Authority: SDCL 34A-l-6. LawImplemented: 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 subjectto this subpart is exempt from the obligation to obtain a Part 70 operating permitprovided the source is notrequired to obtain a Part 70 operatingpermit for a reason other than the source is subject to this subpart. Source: General Authority: SDCL 34A-1-6. LawImplemented: SDCL 34A-1-18. 22974:36:08:105. 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 thanthe 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 bulkterminals, bulkplants, andpipeline facilities are those in 40 C.F.R. § 63, Subpart BBBBBB (July 1, 2009). A source that operates a unit subjecttothis subpartis exemptfrom the obligation to obtain a Part 70 operating permit provided the source is not required to obtain a Part 70 operatingpermit for a reason otherthan the source is subjectto this subpart. Source: General Authority: SDCL 34A-l-6. LawImplemented: SDCL 34A-l- 18.

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# • 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 subjectto 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. 

### LawImplemented: 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
231production 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 thanthe source is subject to this subpart. Source: General Authority: SDCL 34A-l-6. LawImplemented: 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, SubpartMMMMMM (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. LawImplemented: 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 in40 C.F.R. § 63, Subpart NNNNNN (July 

### 1. 2009). 232 

# •

# • A source thatoperates 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 otherthan the source is subjectto this subpart. Source: General Authority: SDCL 34A-l-6. LawImplemented: 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. LawImplemented: 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
233source is not required to obtain a Part 70 operating permit for a reason other than the source is subjectto 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 operatingpermit for a reason otherthanthe source is subject to this subpart. 

### Source: General Authority: SDCL 34A-l-6. 

### LawImplemented: 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 operatingpermitprovidedthe source is not required to obtain a Part 70 operating permit for a reason other than the source is subject to this subpart.
234 

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•
• 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 aPart70 operating permitfor areason other thanthe 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 otherthanthe source is subjectto this subpart. Source:
235GeneralAuthority: SDCL 34A-l-6. LawImplemented: 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, SubpartWWWWWW (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: GeneralAuthority: SDCL 34A-l-6. LawImplemented: SDCL 34A-1-18. 74:36:08:119. National emission standards for nine metal fabrication and finishing area sources. Thenational 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:

. GeneralAuthority: SDCL 34A-1-6.
236 

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•

# •
•
• 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. LawImplemented: 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 operatingpermitfor areasonotherthanthe source is subject to this subpart. Source: General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18. 237CHAPTER74:36:09 PREVENTION OF SIGNIFICANT DETERIORATION

Section 74:36:09:01 Applicability. 74:36:09:01.01 Preventionofsignificantdeteriorationpermitrequired. 74:36:09:02 74:36:09:03 Prevention ofsignificant 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) ofthe Clean Air Act. Source: 19 SDR 157, effective April22, 1993; 33 SDR43, effective September 18,2006. GeneralAuthority: SDCL 34A-l-6, 34A-l-18. LawImplemented: SDCL 34A-1-18.

238 

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•

# • 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 orunclassified area must obtain a prevention ofsignificant deterioration permitprior to beginningactual 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. LawImplemented: SDCL 34A-1-18. 74:36:09:02. Prevention of significant deterioration. For the purposes ofthis chapter, • the state's definitions and requirements for theprevention ofsignificant 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 ofthis section, all terms defined in this section have the meaning defined in40 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 eitherthe secretary or the administrator ofEPA, as applicable;
239

### (b) In 40 C.F.R. §§ 

### 52.2l(w)(2) to 52.2l(w)(4), inclusive, the term "administrator" means eitherthe secretary orthe administrator ofEPA, 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 ofEPA; (2) Forthepurposes ofthis section, the term "Act" means the Clean Air Act; (3) For the purposes ofthis 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, ifa 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) ofthis section for the existing unit and using the method specified in paragraph (a)(2)(iv)(e) ofthis section for the CleanUnit"; (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, butnotbe limited to, any activity(s) thatmeets the requirements ofthe equipmentreplacementprovisions containedinparagraph (cc) ofthis section"; (6) For the purposes ofthis section, 40 C.F.R. § 52.21(r)(6) is incorporated by reference excluding the phrase, "(otherthanprojects at a CleanUnit orat a sourcewith a PAL)"; (7) For the purposes ofthis section, 40 C.F.R. § 52.21(v)(1) is incorporated by reference excluding the phrase, "under40 CFR 124.10"; and (8) For the purposes ofthis section, 40 C.F.R. § 52.2l(w)(l) is incorporated byreference excludingthe phrase, "expiresunderparagraph (s) ofthis 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 actionthe secretary takes onthe 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 SDR217, effective June 13,2007. GeneralAuthority: SDCL 34A-l-6, 34A-1-18. LawImplemented: SDCL 34A-1-18.

24174:36:09:03. 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), excludingthe phrase "Theplan shallprovide 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) Forthe purposes ofthis section, in40 C.F.R. § 51.166(q)(l) the phrase "specifiedtime 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 ofEPA; (4) Forthe purposes ofthis section, in40 C.F.R. § 51.166(q)(2)(iii), the phrase "Notifythe public" shall consist of a public notice once in a legal newspaper in the county where the proposed source wouldbe constructed. Thepublic notice shall include a statementthat a person may submit comments or contest the draft permit within 30 days after the publication ofthe notice. The statement shall also describe the procedures a personmust follow to contest the draft permit andrequest a hearing inaccordance with article 74:09; (5) For the purposes ofthis section, in 40 C.F.R. 

### §51.166(q)(2)(v), a public hearing is required ifa person contests the draft permit or contests the secretary's final determination and requests a hearing inaccordancewith article 74:09; and
242 

# •
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•

# •
•
• (6) For the purposes ofthis 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 determinationwithin 30 days ofthe end ofthe public commentperiod on the draftpermit. The secretary shall notify, in writing, the applicant and each person that submitted written comments or requested notice ofthe final determination. The notice shall include reference to theprocedures for contesting the final determination andrequesting ahearing 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 atthe end ofthe public noticeperiod. Source: 33 SDR43, effective September 18, 2006. GeneralAuthority: SDCL 34A-l-6, 34A-I-18. LawImplemented: SDCL 34A-1-18. CHAPTER74:36:10 NEW SOURCE REVIEW

Section 74:36:10:01 Applicability.
24374:36:10:02 74:36:10:03 Definitions. Repealed. 74:36:10:03.01 New sourcereviewpreconstructionpermitrequired. Repealed. New sourcereviewpreconstructionpermit. 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 Determiningcreditfor emissionoffsets. Projectedactual emissions. 74:36:10:07 74:36:10:08 74:36:10:09 74:36:10:10 Cleanunittestfor emissionunits subjectto lowest achievable emissionrate. Cleanunittest for emissionunits comparableto lowestachievable emissionrate.

74:36:10:01. Applicability. This chapter applies to areas ofthe state which are designated as nonattainment pursuant to § I07 ofthe Clean Air Act for any pollutant regulated under the CleanAirAct. Source: 19 SDR 157, effective April22, 1993. General Authority: SDCL 34A-l-6. LawImplemented: SDCL 34A-l-6. 74:36:10:02. Definitions. For the purposes ofthis chapter, the definitions for new source review are those in40 C.F.R. § 51.165(a)(l) (Jtily 1, 2993 July l, 2009). 244 

# •
•
•

# •
•
• Forthe purposes ofthis chapter, the tenn, Act, means the Clean AirAct. Forthe purposes ofthis 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 pennitbefore beginning actual construction ifthey are located 

### in the following areas:

245(1) An attainment or unclassified area if the source would cause or contribute to a violation ofany national ambient air quality standard; or (2) An area designated nonattainment for any national ambient air quality standard ifthe source is major for thepollutant for which the areais designatednonattainment. 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 proposedprojectmeets the criteria in40 C.F.R. § 51.165(a)(2)(ii)(A) to (F), inclusive, 

### (.ful:y 1, 2003 July 1. 2009). 

# •

Source: 30 SDR26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005. • 

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

### LawImplemented: 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 ofbasis, 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 

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•
• Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; repealed, 30 SDR26, effective September 1, 2003. 

### 74:36:10:05. New source review preconstruction permit. A new source review preconstruction permitmust satisfy the following criteriabeforebeginning actual construction: 

### {l) All requirements for new source performance standards in chapter 74:36:07 that apply to the facility; (2) Compliance withthe lowest achievable emissionrate (LAER); (3) Certification of compliance that all other major sources, major modifications, or reconstructed facilities that are owned, operated, or controlledbythe applicant eitherin 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.

247The 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 cleanunit are part ofa projectthat is a major modification. The owner or operator may apply for a pollution control project exclusion. Theprocedures for a pollutioncontrolproject exclusion are those in40 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 notrelieve an owner or operator ofthe responsibility to comply fully with applicable provisions ofthis article or the Clean Air Act and any other requirements under local, state, or federal law. Submission ofpreconstruction 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 ofthese requirements mustbe absorbedbythe proposed source. 

### Source: 7 SDR4,effective July 27, 1980; transferred from§ 44:10:01:16, effectiveJuly 1, 1981; 8 SDR 71, effective December 21, 1981; 10 SDR 68, effective January 5, 1984; 13 SDR
248 

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# • 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, effectiveJanuary 5, 1995; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005. General Authority: SDCL 34A-1-6. LawImplemented: 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 ofa national ambient air quality standard. A major stationary source or • major modification to an existing major source is considered to cause orcontribute to a violation of a national ambient air quality standard ifthe 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: POLLUTANTAND SIGNIFICANT LEVELS Averaging time (hours) Annual 24 8 

### 3 1 

### (1) 802: 1.0 ug/m3 5ug/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 ofthe 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. GeneralAuthority: 

### 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.emissionlimit in effect atthe time the applicationto construct is filed, except that the offset baseline is the actual emission ofthe 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; orifthere is no applicable emission limit.

250 

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# • Indetermining creditfor emission offsets the following criteria shallbemet: (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 departmentbefore issuance ofthe permit, even though they neednot be in effectuntil the source commences operation; (2) External offsets or those emission limitations from sources not owned, operated, or controlledby an applicant for apermit shall be made through a revision ofthe permit conditions oftheparticipating source or sources. Atno time may the baseline be exceeded; (3) The permissible location ofoffsetting 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) Foran existing fuel combustion unit, credit shall be based on the emission limit for the type offuel being burned at the time the application to construct is filed. Ifthe 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 ifpermit conditions specify an alternative control measure that would achieve the same degree ofemission reduction ifthe source switchedbackto 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
251plan. In addition, the shutdown or curtailed production must occur after August 7, ,1977, or less than oneyearbefore the date ofsubmittingthe 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 yearbeforethe date ofsubmitting thepermitapplication, 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 oflesserreactivity; (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 ofattainment or reasonable further progress; (8) Ifthe emissions limitallows greater emissions thanthe potential to emit ofthe unit, the emissionoffset creditisallowedonlyfor the controlbelowthe potentialto emitoftheunit; (9) Decreases in actual emissions resulting from the installation of add-on control technology or application ofpollution prevention measures that were relied upon in designating an emissions unit as a clean unit or a project as a pollution control project may notbe used as offset; 252 

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•

# • (10) Decreases in actual emissions occurring at a clean unit may not be used as offsets, except as providedin40 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 projectmay notbe used as offsets, except as providedin40 C.F.R. § 51.165(e)(6)(iv) (fuly 1, 2003 July 1, 2009); and (11) All emissionreductions claimed as offset creditmustbe 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 January2, 2005. 

# • GeneralAuthority: SDCL 34A-1-6, 34A-1-21. LawImplemented: 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 cleanunit or at a source with a plant-wide applicability limit. 253The 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 forreviewupon a request for inspectionbythe secretary orthe general publicpursuantto the requirements contained in40 C.F.R. § 70.4(b)(3)(viii) (Ally 1, 2QQ3 July 1, 2009). Source: 30 SDR26, effective September 1, 2003; 31 SDR 101, effectiveJanuary 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 cleanunit test may beused to determine whether an emission increase at a cleanunit 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: 30SDR26, effective September 1, 2003; 31 SDR 101, effective January2, 2005. General Authority: SDCL 34A-l-6. LawImplemented: 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 cleanunit is part ofa projectthat is a major modification for a cleanunitthat does notqualify 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 emissionrate as determinedbythe secretary in accordance withtheprovisions in40 C.F.R. § 51.165(d)(2) to (d)(ll), inclusive, (July 1, 2.003 July 1, 2009). 

### Source: 30 SDR26, effective September 1, 2003; 31 SDR 101, effectiveJanuary 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 Stackperformancetesting or othertesting methods. 74:36:11:02 Secretarymayrequireperformancetests. 74:36:11:03 Noticeto department ofperformancetest. 74:36:11:04 Testingnew fuels orrawmaterials.



### 74:36:11:01. Stack performance testing or other testing methods. All stack performance tests or othertest methods mustbe made in accordance withthe applicable method specified in40 C.F.R. § 60.17; Part 60, Appendix A;§ 63.14; Part 63, Appendix A; andPart 51, Appendix M (all 

### J1:dy 1, 2005 July 1, 2009). 255Source: 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. GeneralAuthority: SDCL, 34A-1-6, 34A-1-12. LawImplemented: 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 regulatedpollutant emission standards. Upon the request of the secretary, the owner or operator ofthe 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 ofthe emissions of air pollutants. The results ofthe required performance test must be submittedto the department within 60 days after the completion ofthe performance test or as designatedbythe 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. GeneralAuthority: SDCL 34A-1-6, 34A-1-12. Law Implemented: SDCL 34A-1-12. 74:36:11:03. Notice to department ofperformance test. The owner or operator of an affected facility shall notify the department at least 10 days before the start ofaperformance test to arrange for an agreeable test date whena departmentrepresentativemayobserve 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. LawImplemented: SDCL 34A-l-12. 74:36:11:04. Testing new fuels or raw materials. The owner or operator ofa permitted source mayrequestpermission to test a new fuel or raw material to determine ifit is compatible with existing equipment and to determine air emission rates before requesting a permit amendmentormodification. A completerequest shall consist of: (1) A writtenproposal that describes the new fuel orraw material; (2) An estimate ofthe type and amount ofregulatedairpollutantemissions that will result from the change; and

257(3) The schedule for conducting the test and the duration ofthe test. In most cases the 

# •
owner or operator willbe allowedtotest for a maximum ofone week. A request for a testperiod longerthan one week will need additionaljustification. A testperiod shall not exceed 180 days. Within 45 days after receipt ofa completeproposal 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 ofraw material or fuel rates. Ifthe department determines that the change will increase an emission ofa regulated air • pollutant or result in the emission of an additional regulated air pollutant, the department shall give public notice ofthe proposedtest for 30 days. The department shall consider all comments received during the 30-daypublic commentperiodbefore making a final decision onthe test. The department will not approve a test ifthe test would cause or contribute to a violation ofa national ambient air quality standard. Source: 23 SDR 106, effective December29, 1996; 25 SDR 123, effective April4, 1999. GeneralAuthority: SDCL 34A-1-6. LawImplemented: SDCL 34A-1-6, 34A-1-12, 34A-l-21.

258 

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• CHAPTER74:36:12 CONTROL OF VISIBLE EMISSIONS



### Section 74:36:12:01 Restrictions onvisible emissions. 74:36:12:02 Exceptions to restrictions. 74:36:12:03 Exceptions grantedto alfalfapalletizes 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 ofemissions an air pollutant ofa 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. 259General Authority: 

### SDCL 34A-l-6. LawImplemented: 

### 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 ofa facility that pelletizes or dehydrates alfalfa, or that does both, may discharge into the ambient air an air pollutant ofa density no greater than 30 percent opacity, as established by

260 

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•

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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 SDR209, effective June 13, 2006. General Authority: SDCL 34A-l-6. LawImplemented: SDCL 34A-1-6. CHAPTER74:36:13 CONTINUOUS EMISSION MONITORING SYSTEMS

Section 74:36:13:01 Secretary mayrequire continuous emissionmonitoring 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 ofexceedance. 74:36:13:05 Compliance determined by data from continuous emission monitor. 74:36:13:06 Compliance certification.
26174:36:13:07 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. GeneralAuthority: SDCL 34A-1-6, 34A-1-12. LawImplemented: 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 containedin40 C.F.R. Part 60, Appendix Band40 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. GeneralAuthority: SDCL 34A-l-6, 34A-l-12.
262 

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• LawImplemented: SDCL 34A-1-12. 74:36:13:03. Reporting requirements. Owners or operators ofthose 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 departmentonrequest. 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,

. effectiveJune 13, 2006. GeneralAuthority: SDCL 34A-1-6, 34A-1-12. LawImplemented: SDCL 34A-1-12. 74:36:13:04. Notice to department of exceedance. Any emissions that exceed the standards listed in40 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 withinthe time constraints as determinedbythe secretary in thepermitto 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. GeneralAuthority: SDCL 34A-1-6, 34A-1-12. LawImplemented: SDCL 34A-1-12. 26374:36:13:05. 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 placedinthe conditions ofthepermitto operate. Source: 19 SDR 157, effective April22, 1993. GeneralAuthority: SDCL 34A-l-6, 34A-l-12. LawImplemented: SDCL 34A-l-12. 74:36:13:06. Compliance certification. Notwithstanding any otherprovision 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 SDR209, effective June 13, 2006. GeneralAuthority: SDCL 34A-l-6, 34A-l-12. LawImplemented: 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 ofa plan. Credible evidence is as follows: (1) Information from the use ofthe following methods is presumptively credible evidence ofwhether a violationhas occurredatthe 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) andincorporatedina federally enforceable operatingpermit; (b) Compliancemethods specifiedinthe applicable plan; and (2) The following testing, monitoring, or information gathering methods are presumptivelycredibletesting, monitoring, orinformation-gathering methods; (a) Any federally enforceable monitoring or testing methods, including those in 40 C.F.R. Parts 51, 60, 61, and75 (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.

265Source: 21 SDR 119, effective January 5, 1995; 26 SDR 168, effective June 27, 2000; 31 SDR 101, effective January 2, 2005; 32 SDR209, effectiveJune 13, 2006. GeneralAuthority: SDCL34A-1-6, 34A-1-12. LawImplemented: SDCL 34A-1-12. 74:36:13:08. Compliance assurance monitoring. The owner or operator ofa unit that is subjectto 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, effectiveJune 13,2006. GeneralAuthority: SDCL 34A-l-6, 34A-l-12. LawImplemented: SDCL 34A-1-12. CHAPTER74:36:14 VARIANCES (Repealed. 23 SDR 106, effectiveDecember29, 1996)

CHAPTER74:36:15

OPEN BURNING 266 

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•

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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 December29, 1996. 74:36:15:03. Refuse burningin 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, effectiveDecember29, 1996. CHAPTER

### 74:36:16 ACID RAIN PROGRAM



### Section 74:36:16:01 Generalprovisions. 74:36:16:02 Allowance system. 74:36:16:03 Reserved. 74:36:16:04 Continuous emission monitoring. 74:36:16:05 Nitrogenoxides emissionreduction.

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 ofthis chapter, "administrator" means the secretary efthe departHleffi, except for those authorities which cannot be delegated to the state, in which case "administrator" means the administrator ofthe Environmental ProtectionAgency. 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. GeneralAuthority: SDCL 34A-1-6, 34A-1-18. LawImplemented: SDCL 34A-l-18. 74:36:16:02. Allowance system. The allowance system for the acid rain program is that • in40 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. GeneralAuthority: SDCL 34A-1-6, 34A-l-18. LawImplemented: SDCL 34A-1-18. 74:36:16:03. Reserved. 74:36:16:04. Continuous emission monitoring. The continuous emission monitoring requirements for the acid rainprogram 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. GeneralAuthority: SDCL 34A-1-6, 34A-1-18. LawImplemented: 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. GeneralAuthority: SDCL 34A-1-6, 34A-l-18. LawImplemented: SDCL 34A-1-18. CHAPTER74:36:17 RAPID CITY STREETSANDINGAND DEICING

270 

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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 oforremoval ofany street • sanding or deicing materials on the streets in the Rapid City zone. The Rapid City zone comprises the streets within the city limits ofRapid City bordered on the west and south by the 

# • city limits, on the north bythe southern right-of-way boundary ofInterstate 90, and on the east bythe easternright-of-wayboundary ofHighway 79. Source: 22 SDR 104, effective February 11, 1996. General Authority: SDCL 34A-l-6, 34A-l-15. LawImplemented: 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 ofroad dust into the ambient air. Suchcontrols include the following practices:
271(1) For operations involving the application ofstreet sanding material and deicing agents onpavedroads: (a) Utilizing forecasting ofweather events to determine whether to pretreat roads with deicing agent orto apply no treatment; (b) Monitoring street temperatures to determine if deicing agents or street sanding materials needto 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 extentpossible; unless icy conditions exist; and (d) The use of pretreatment deicing or antiskid agents in place of aggregate street sanding materials to the greatest extentpossible; (2) For operations involving the removal ofstreet sanding and deicing agents from paved roads: (a) Flushing core downtown streets withwater, except where meteorological conditions endangerpublic safety; and (b) Removing street sanding material from roads when road conditions become dry, using the mostefficientcleaning devices onhigh traffic roads. Source: 22 SDR 104, effective February 11, 1996. GeneralAuthority: SDCL 34A-l-6, 34A-l-15. LawImplemented: 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 usedinthe RapidCity zone: (1) A durability or hardness as defined in Mohs scale ofgreater 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 ofFine 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 canbe demonstrated that a material can provide at least a 25 percent reduction inairpollutants. 

# • 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 ofthe Earth, 1982, B. Clark Burchfiel, et al, Charles E. Merrill Publishing Company. Copies may be obtained from the Department ofEnvironment and Natural Resources free ofcharge.

273Standard TestMethod for Sieve Analysis ofFine and Course Aggregates, designation C 136-93, 4 pages, American Society for Testing and Materials, November 1993. Copies are available from ASTM, 100 BarrHarbor 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 disapprovalperiod. The plan must include the following: (1) A description ofthe reasonable available control technologies in§ 74:36:17:02 thatthe entity intends to use; (2) A description ofhow the requirements in§ 74:36:17:03 will be attained; (3) A description ofthe testmethods used in determining attainmentwith§ 74:36:17:03; (4) An emissions inventory ofthe streets inthe Rapid City zone; (5) A map identifying street cleaning areas, frequency ofcleaning, priorities, and the type ofstreet 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 ofthe modifications is the same as theprocedure for the original plan. 274 

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•

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•
• Source: 22 SDR 104, effective February 11, 1996. General Authority: SDCL 34A-l-6, 34A-l-15. LawImplemented: 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 shallbe maintained for at least two years. Theserecords shall containthe following documentation: (1) Street sanding: (a) Date; (b) Sandingroute and area; (c) Street conditions; (d) Type and amount ofsanding material used; and (e) Miles driven; (2) Street sweeping: (a) Date; (b) Area cleaned; and (c) Type ofvehicle used. Source: 22 SDR 104, effective February 11, 1996. General Authority: SDCL 34A-l-6, 34A-l-15. 275LawImplemented: 

### 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 ofany user of street sanding material covered by this chapter for the purpose of obtaining samples of materials, inspecting records, or conducting any inspection authorizedunder SDCL chapter 34A1. Source: 

### 22 SDR 104, effective February 11, 1996. GeneralAuthority: 

### SDCL 34A-l-6, 34A-1-15. LawImplemented: 

### SDCL 34A-1-6, 34A-1-13, 34A-1-15, 34A-1-38, 34A-l-41. CHAPTER74:36:18 REGULATIONS FORSTATE FACILITIES INTHE RAPID CITYAREA



### Section 74:36:18:01 Definitions. 74:36:18:02 Applicability. 74:36:18:03 Permitrequired. 74:36:18:04 Time period for permits andrenewals. 74:36:18:05 Required contents ofa complete application for apermit. 74:36:18:06 Contents ofpermit. 276 

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•

# • 74:36:18:07 Permitexpiration. 74:36:18:08 Renewal ofpermit. 74:36:18:09 Reasonably available control technology required. 74:36:18:10 Visible emissions limit for construction andcontinuous operation activities. 74:36:18:11 Exceptionto visible emissionlimit. 74:36:18:12 Notice ofoperating noncompliance -- Contents.

74:36:18:01. Definitions. Unless otherwise specified, the terms used inthis chapter mean: (1) "Construction activity," any temporary activity at a state facility, which involves the • removal or alteration ofthe natural orpre-existing cover ofone acre ormore ofland. 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 ofparticulateto be released into the ambient air: (a) Unpavedparkinglots and storage lots one acre ormore in size; (b) Paved parking lots to which deicing and traction materials are applied during adverse weather; (c) Storagepiles and activities associatedwithhandling ofthe stockpile material; (d) The applying ofdeicing and traction materials on and cleaning ofstreets, 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 ofparticulate 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) Eastto the northeast comer ofSection 14, Township 2north, Range 8 east; (c) Southto the southeast comer ofSection 35, Township 1north, Range 8 east; (d) Westto the southwest comer ofSection 34, Township 1north, Range 6 east; and • (e) Northto the point ofbeginning; (5) "State facility," any state agency, state-owned or state-leased property, or property subjectto atemporary state easement inthe Rapid City air quality control zone; and (6) "State contractor," any person under contract to provide services to a state facility including any personunder contract to provide construction or continuous operation activities on state highways orthe state interstate system within the Rapid city air quality control zone. Source: 28 SDR 178, effective July 1, 2002. GeneralAuthority: SDCL 34A-1-6. LawImplemented: SDCL 34A-l-6. 

# • 278

# • 74:36:18:02. Applicability. 

### The requirements ofthis 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 ofparticulate to 

### be released into the ambient air without first obtaining apermit issued by the board or the secretary. The secretary may extend the August 1, 2002, deadline for 60 days ifcircumstances warrant an 

# • extension. Source: 

### 28 SDR 178, effective July 1, 2002. GeneralAuthority: 

### SDCL 34A-1-6, 34A-1-2l. LawImplemented: 

### SDCL 34A-1-2l. Note: 

### The procedural requirements for obtaining a construction activity or continuous operation activity permitunder this chapterwill bethe same as the procedural requirements for a minor source, such as a timely and complete application, completeness review, public 279participation, and departmentrecommendation, 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 forperiods offive 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. 

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74:36:18:05. Required contents ofa complete application for a permit. Anapplication • for a construction activity and continuous operation activity permit shall contain the following informationto be considered complete: (1) General company information, including the company name and address, the owner's name and agent, and theplant site manager orcontact; (2) Legal description and location of the construction or continuous operation activity, including a site map; (3) Description ofthe proposed construction or continuous operation activity, including nature and description ofequipmentused; (4) Description ofthe reasonably available control technology used to control the fugitive emissions; and 

# • 280

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• (5) For construction activities, the proposed date for commencement and termination of the construction activity. Source: 28 SDR 178, effectiveJuly 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 activitypermit shall include the following: (1) The signature ofeither the secretary orthe chairman; (2) The name ofthe person, company, political subdivision, agency, or institution granted a permit; (3) The type ofoperation; (4) The mailing address; (5) The datethepermitwas granted and onwhich itwill expire; (6) Apermitnumber; (7) The name ofa designatedperson or officerresponsible for thepermitted 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 ofthe CleanAir Act; (10) Recordkeeping andreporting requirements;
281(11) A severability clause to ensure the continued validity of the various permit requirements ifany portion ofthepermit 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 ormodification, or for denial ofapermitrenewal application; (b) Thepermitmaybemodified, revoked, orterminated 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 informationrequested in writingby 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. LawImplemented: SDCL 34A-l-21, 34A-l-30. 74:36:18:07. Permit expiration. Permit expiration terminates the source's rightto operate unless atimely and complete renewal applicationhasbeen submittedto the secretary. Source: 28 SDR 178, effective July 1, 2002. GeneralAuthority: SDCL 34A-l-6, 34A-1-21. LawImplemented: SDCL 34A-1-21.
282 

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# • 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 originalpermitissuance. 

### Source: 28 SDR 178, effectiveJuly 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 ofa state facility or state contractor shall install and/or implement reasonably available control • technology to prevent fugitive emissions ofparticulate from exceeding the visible emission limit specifiedin§ 74:36:18:10. 

# • Source: 28 SDR 178, effectiveJuly 1, 2002. 

### GeneralAuthority: 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 ofa 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 oftwo minute averages with a minimum ofa total ofsix minutes ofreadings. The Tennessee**Vis~:~al** EmissieRs Met;hea I, as appFevea by EPf. iR
2834Q 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 beusedto determine the opacity. Source: 28 SDR 178, effectiveJuly 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. Theprovisions of§ 74:36:18:10 do not apply ifall three ofthe following meteorological conditions exist:

snow;(1) Five consecutive days of

### 0.01 inches or less ofprecipitation each day excluding dry (2) Forecastedpeakwindgusts greaterthan 40 miles perhour; and (3) Forecasted averagehourly wind speed greaterthan 20 miles perhour. 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 thatthe operation ofa source is not incompliance with this article, the CleanAirAct, or permit conditions, the secretary may. issue a notice ofsuch a finding to the permit holder or

284 

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# •
•
• operator of the source. The notice must contain citations to the rules, statutes, or permit conditions violated andthe alleged facts uponwhich the determination is based. Source: 28 SDR 178, effective July 1, 2002. GeneralAuthority: SDCL 34A-1-6, 34A-1-21. LawImplemented: SDCL 1-26-27, 34A-1-21, 34A-1-30. 

### CHAPTER74:36:19 MERCURYBUDGETTRADINGPROGRAM (Repealed)



### Seetiea 74:36:19:01 

### Geaeral previsieas. 74:36:19:02 

### Desigaatearepreseatative. 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 

### }fewl:ll:l:it set aside aeeetiftt. 28574:36:19:09 ,"JloeatioR ofmereury allowaaees from Rew lHl:it set aside aeeol:llit. 74:36:19:10 MereuryreduetioR aeemmt. 74:36:19:11 AlloeatioR ofmereury allowaaees from mereuryreduetioR aeeoURt. 74:36:19:12 A.pproval ofmereury allowaaees fmm Rew lHl:it set aside aeeoulit aad mereary reduetioR aeeoulit. 74:36:19:13 AllowaRee traekiRg system. 74:36:19:14 Allowaaeetraasfer. 74:36:19:15 MoRitoriag aadreportiBg.



### 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 SDR43, effeetive Septemeer 18, 2006. Ceaeral**t~uthoFity:** SDCL 34A 1 6, 34A 1 18. LawImplemeBted: 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. GeneralAuthoFity: 8DCL 34A 1 6, 34A 1 18. 286 

# •
•
•

# •
•
• LawlmJJiemeBted: £DCL 34A 1 18. 74:311:19:03. Permrs. . . . . af"e ineorporateEl ey referenee: 40 't The following flenntt flrovtstons C.F. . R 

### §§ 60.4120 to 60.4124, ineffisive (July 1, 2005).

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

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

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

. alio"'a"ees for the eontrol fleno tn mereU!'y .r n 2018 anathereafter, is 928 ounees fleF yeaf". 33 £DR 43 effeetive £efltel'l3ber 18, 2006. Souree: ' GeBera uU l A thority: £DCL 34A 1 6, 34A 1 18. LawlmJJlemented: £DCL 34A 1 18. alloeations to the admiBistrator. The 'tf mereury allowaBee 74:31i:l9:0S. Subml Ing . " '"ith alloeations m aeeoruanee n 6 .tfng the mertRH)' allowanee · · re"ttirements for Sl:l ffil 1 _, 1-. ttmtng::r . . f 

### EP, af"e ineorporateu uy
. El74:36:19:11 to the AElrmmstrator o a 

### §§ 74:36:19:07, 74:36.19.09, an referenee. · ·'· . 40 C F R 

### §60.4141 (J.l:lly 1, 2005). 33 £DR 43 effeetive £0fltel'l3ber 18, 2006. Souree: ' ' 287CeBendAuthaFity: 

### SDCL 34A 1

## e, 34A 1 18. LawlmplemeBted: 

### 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. LawImplemeBted: 

### 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 eoatrelperiod iB: 2QW thfoagh 2Q14, aB:a92 pereeB:t for eoatrolreriod 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. Ifthere 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 OfFHeF6Hf)' allOVfaB:6eS ay the ratio ofthe aaseliBe heat iftj'll:lt ofthe**e~tistiB:g** 

### unit to the total aFHol:lftt ofaaseliB:e heat iB:fll:lt ofall 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. 

### l . din 2010 

### and thereafter, I' 

### aeh eofttro peno 74·36:19:08. 

### New HBit set aside aeeouBt.or e . . · . allo"·anees. The £Here1:H) . Be'" nnit set aside aeeoURt for £Herewy " the seeretary shall establish a w 4 

### f the aBffilal fHerel:H)' h ll . 

### 1H"e pereen o .,. l:lHit set aside aeeol:lHt s a eEttla • alioeatJOHS IH · ' . . §74'3€i"l9:0. 4

### for eofttrol peno IB period in 2015 

### a&dthereaftef. Souree: ' ' 33 

### SDR 4 3 

### effeetive SepteBI6er 18, 2006. 

### GeBera ,..u I A 

### thority: SDCL 34A 1 6, 34A 1 18. 

### LaY/ ImplemeBted: SDCL 34A 1 18. 

# • Bew HBit set aside aeeouBt. 74:36:19:09. , ... 

### _.lloeatioB of mereury allowaBees from . • ,.. 't 'l bl to a Be"' UR!t. n 

### He .v

### l:lHI !i 

### the He'" HHit set aside aeeol:lftt are a>iaHr e .. . . liO'"aJI:6eSFOfB " 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 f 

### f a ne·u URit fRay 

### Sli d 

### §74·36·19:07. 

### The ffierel:ll)' desigHated represeHttHve o '· . UR er . . . . l:lHt 

### transferred to the fBeFSl:ll) !i 

### the He'" nnit set aside aeeo , , allo·"aneesFofH v. 

### to have £Bereary w . . 

### "'ith the later ofthe B 

### the He"' UR!t StartJHg Y+ 

### . ·stefB eo£Bplianee aeeol:lftt**~r** 

### allowanee traekiHg sy . d · .,h

### 1 ·6h 

### the Hew URit h trol peno IH "., ., . d . 2010 

### or the first eofttrol period after 0e eon eoHtrol peno IH . tffil:lSt be sl:lb£Hitted OH ,allo"'aHee transfer reEtHeS · The £Berewy - " eoffifHeHees eoffifHereial operatJOH. "' are reEtHested. The . d . nrh. h the fHerel:lry alia "aHees or before JHly l of the eofttrol peno IH w 

### Je 289

### t tire may reEJ.Ue ereury designated represe!Htr r 1 . 

### d iR whish the mereury m . . fer the eofttro peno . an arROl:lftt ROt eJ<SeediRg llO'"aRSeS IR . st merelli)' a 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. Ifth 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 ofmerSl:H)' v. 

### . tb .R'l1:lltiplyiRg the total amo f l:!F:f em!SSI ofthe total Ol:lRees o mere . the Rearest vffiole allowaRee as

. . ll sHeh reEJ.l:lests aRd rol:lfld!Rg to Ol:lflees ofmerelli)' em!SSIOR ofa . . . Rthe Rew l:Hiit set aside aeeol:lftt fer llo"+aRees remaiRIRg 1 d erel:li)' a " 

### . 4 AftJ' 

### l:!Ralleeate m appropna e. z• 

### 1 . d shall Be banked fer futl:ffe l:!S9. the eoRtro peno Souree: 33 SDR , '- r 18 

### 20Q€i. 43 

### effeetive Septem..e,

. . ,. SDCL 34A 1 

### €i,34A 1 18. CeReral Authortt}. "DCL 34+' 1 18. LawlmplemeRtell: o • •

. relluetioR aeeount. 

### d . 2{\lQ aRd I ..

### erio 1R " For eaeh eofttr& " thereafter, the seeretary shall estab II 

### e ual five pereeat ofthe aRD:Ual

. redl:letiori aeeol:Hit sha EJ. "" allowaRees fer the merel:lFJ '- 

### 2{\14 aRd fel:lF pereeat mere1:11 J • 

### d iR 20lQ 

### throl:lgtt " ' merel:lry alloeauoRs 1ft s . . . s 

### 74·3€i:

### 19:04 fer eoRtrol peno . d . 2015 aRd thereafter. fer eoRtrol peno 1ft



### eer 18 

### 2QQ€i. 33 

### SDR 43 effeeti>fe Septem, CeBeral," ...utllaFlt}. 

### t II· fWCL 34A 1 18. LawlmplemeB 

### e . 290 

# •
•
•

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

.. "1 llle te aR eJHstn'ig wut er ae" the ffiereHf)' reffi:tetiea aeeel:I:H:t are ihal a 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 efthe 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 er Re... l:!Rit that aehteves es ·t A H eJHStlRg l:IRI**~'** effiissieas freffi the l:IRI. 1

## ~ • te fi"e reffi:tetiea aeeel:!Ht fer up ' alle,.·anees freffi the ffiereury " 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 . t ffi eeffiphaRee aeeel:IR . alle,.aaee traelaag sys e El t the ffiere1:1ry " t£aRstierree . . 

### 010 er the first eeatrel peried

. . n•'th the later efthe eeatrel pened ffi 2 aRdfer new l:Hnt staffing .rl 4 d The mere1:1ry 1 has been demeastra e . . . whish best ffierel:lry eeR:tre s after the eefltrel pened IR " , l after the eeR:trel perieEl in 

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

# traRS~r recr 

# ath er6l:lf)' allewaRees t d Ifthe reqtlest(s) exeeee ffi . , alle·.vaRees are reqtles e . wlueh the ffierettry h 11 be deterrRiaed fer eaeh

. 4 efffiereury allewaB:ee s a . h t 

### 1pened the affiSl:IR available IR 

## ve eeRFe ' , llewaaees

## a"' the ratie 1 t e fffierel:I£Y a v. J • • • I newl:!Rit by ffil:lkiplyiag the teta affiSl:lll efthe 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

. . . the ffiereiD)' reffi:tettea aeeeHflt ,**nl}en~aees** reffia!R!Rg IR ffier6l:I£Y " ;,"" bal:l:keEl fer future l:lse. 8aaFee: ' 33 8DR 43 effeetive September 18, 2006. 

# • Ce&eFa aU I + tliaFity: 8DCL 34A l 

## e, 34A l 18. 291

### LawImpleme&ted: SDCL 34A 1 18 74:36:19:12. .. l 

### ".<flpFova of mereury allov,ra&ees from Rew u&it set aside 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&sfermerel:ll)' allewanees te the merel:lf'' aile·..= ... 1. • J 

### wtdl:ee uae HHg system CSFHJ31" IaHee aeeel:lftt fer each eefltfel periea parsaaat te Sl:l6ftrefll:leStS as fell8'NS:**·~ee** 

### a eeatleH reEJ:aest for the He'.v l:!flit set aside aeeel:lflt eHiy ifthe re t . . EJ:l:les 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 " seaISH refll:lest fer the mercury redl:letieH • aeeel:lflt eHiy ifthe re.. · t · .,_aes meets, er IS a<ljastea by the EleJ3atim t .**e~r** 

### 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 

### §§74:36: 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 I" fflJ3 

### IaRee aeeel:lfltby Oeteber 31 efthe year for "'Rich the 

## •r 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 , 4: 

### f ffi8tlfl 8 merCl:lfj' ai!EJ'" ft w 

### ae uHg system CSFHJ3Iianee aeeeaat fer the e8Htfel J3eriea C8'rereaby the reEJ:l:lest.

292 

# •

# •
•
• . eer 18 2QQ€i. 33 SDR 43 effeetJve SepteHF, Sauree: ' ' 34 A 1 Iii 34A 1 18. GeaeralAutharity: SDCL1' '

.... SDCL 34A 1 18. Lawlmfllemeateu. 1· system fellowiag allowail:ee traH!Bg . traelaag system. The 74·3(i:19:B.

# Alla~anee GO 1157 ieelt!sive (Ja1y 1, · §§ liiQ.415l to'"'·" ' J3f8Yisioes are IRGOfJ30ffi . ted ey refereeee: 4Q C.R.R. .

. 9 18 2QQ€i. 33 SDR43 effeet!Ve 8e)3tem ef, Sauree: ' Geaeral ,A ..ut 9FI . A 1 Iii 34A 1 18. h "ty· SDCL 34", DCL 34\ 1 18. Lawlmfllemeated: 8 1 "' fO"isioes are ailOW8il:60 traeStef fl ' sfers The fellowieg 4 Allawaaee traa . 74:36:19:1 . ,.. 62 . lt!sive (July 1, 2QQ5). iRGOf]30rated eyrefereeee. . . 4() C P.R. §

### §6().41 Iii() to 6().41 ' IRS

. eer 18 2QQ€i. 33 SDR 43 effeetJve 8e)3teHF, Sauree: ' ' Geeera a 4A1(ii34\118. l Autharity: SDCL 3 "' 1 "DCL 34 A 1 18. Lawlmf1lemented: o 1'

. . Bil:d re)3ortieg . The feUowieg moe!tormg . . aed Fl!f18Fttag. 74·31J:19:1S. Maelt8FI&g liiQ 4176 ieelusive (Jaly 1,

. CPR 

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

293SaaFee: 33 8DR 43, effeeti¥e September 18, 2QQ€i. CeneFalAathaFity: 8DCL 34A 1 6, 34A 1 18. LawImplemented: 8DCL 34A 1 18. 

### CHAPTER74:36:20 CONSTRUCTIONPERMTIS FORNEW SOURCES ORMODIFICATIONS 74:36:20:01 Applicability. 74:36:20:02 Construction permitrequired. 74:36:20:03 Constructionpermitexemption. 74:36:20:04 Emission unit exemptions. 74:36:20:05 Standardfor issuance ofconstruction permit. 74:36:20:06 Timely and complete applicationfor a construction permitrequired. 74:36:20:07 Required contents ofcomplete application for a construction permit. 74:36:20:08 Applicantrequiredto supplement or correct application. 74:36:20:09 Permitapplication-- Completeness review. 74:36:20:10 Time period for department'srecommendation. 74:36:20:11 Publicparticipationin permittingprocess. 74:36:20:12 Public review ofdepartment's draftpermit. 74:36:20:13 Finalpermit decision-- Notice to interestedpersons. 74:36:20:14 Rightto petition for contested case hearing. 74:36:20:15 Contents ofconstruction permit. 

# •
•
• 294

# • 74:36:20:16 Administrative permit.amendment. 74:36:20:17 Proceduresfor administrativepermit amendments. 74:36:20:18 Reopening construction permitfor cause. 74:36:20:19 Proceduresto reopen construction permit. 74:36:20:20 Constructionpermitdoes not exemptfrom otherrequirements. 74:36:20:21 Expiration ofa construction permit. 74:36:20:22 Notice ofconstructing oroperating noncompliance-- Contents. 74:36:20:23 Petition for contested case on alleged violation. 74:36:20:24 Circumvention ofemissions not allowed. 74:36:20:01. Applicability. The requirements ofthis chapter apply to the construction of • all new sources ormodifications to existing sources.


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

### LawImplemented: 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 ofair pollutants into the ambient airuntil a constructionpermithas been issuedbythe board orthe secretary. 

### Source: GeneralAuthority: SDCL 34A-l-6, 34A-l-21.
295Law 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 constructionpermit: (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 thatmeets the exemptionrequirements 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 or74:36:08: (1) 

### One or more incinerators ofless than 100 pounds per hour combined burning capacity that combustmunicipal orhousehold waste;

296 

# •
•
•

# • (2) A mobile internal combustion engine, including those m autos, trucks. tractors, airplanes. locomotives, and boats; (3) Laboratory equipmentused exclusively for chemical orphysical 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. orpaving parking lots; (7) A unit that has the potential to emit two tons or less per year ofany criteria pollutant before the application ofcontrol equipment. However. the criteria pollutant emissions from the • unit must be included in determining ifthe 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 ifthe source is required to obtain a constructionpermit. Source: GeneralAuthority: SDCL 34A-1-6. 34A-l-21. Law Implemented: SDCL 34A-1-21.

29774:36:20:05. Standard for issuance ofconstruction permit. A construction permit for a new source ormodification to an existing source may be issued only ifithas been shownthatthe operation ofthe 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 ofthe 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 justifiedunder SDCL 34A-1-19. Source: General Authority: SDCL 34A-l-6, 34A-1-19, 34A-1-21. LawImplemented: 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 ofcommencing construction ofthe new source or modification to an existing source. An application is complete if

### itmeets the requirements in§ 74:36:20:07. Source: General Authority: SDCL 34A-l-6, 34A-l-21. LawImplemented: SDCL 34A-1-21. 298 

# •
•
•

# •
•
• 74:36:20:07. Required contents ofcomplete application for a construction permit. An application for a constructionpermit for a new source or modification must submit the following information to be considered a complete application: (1) Thefollowing general company information: (a) The company name and address or the plant name and address ifdifferent from the company name; (b) The owner's name and agent, and (c) Theplant site manager or contact; (2) A description ofthe plant and its processes andproducts; (3) The following information on emissions: (a) Identification and description ofall emission units; (b) Fuels, fuel use. raw materials, and productionrates; (c) Identification and description ofair pollution control equipment; (d) Limitations on source operation affecting emissions or any workpractice standards, where applicable, for all regulated airpollutants; (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 atthe source; (4) A copy of any prepared plans and the specifications of any equipment or other facilities which may affectthe source, including pollution control devices;
299(5) A signed and notarized certification ofapplicant form; 

# • (6) The results ofany air dispersionmodeling requiredbythe department; (7) The results ofany stackperformance testing requiredby the department; and (8) Any other information requested by the department which is relevant to determining compliance with the actor the Clean AirAct. 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. Ifthe 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 ofthe draftpermit. 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 ofeachpermit application received, as follows: 300 

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# • (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 informationnecessary to evaluate ortake final action on the application; (2) Ifthe 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 afterreceipt ofan incomplete notification orreguest for additional • information to submit the information, unless an extension beyond the 20 working days is approved bythe department; and (3) The department shall determine the adeguacy of the applicant's response to each incomplete item within 15 days after receipt ofthe response and shall notify the applicant in writing ifthe application is oris not complete. Source: General Authority: SDCL 34A-l-6, 34A-l-21. Law Implemented: SDCL 34A-l-21. 

# • 30174:36:20:10. Time period for department's recommendation. The department. shall recommend issuance ordenial ofa constructionpermit within 180 days after the submission ofa 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 ofthe application without waiting for a department recommendation. The petition must conformto the requirements ofarticle 74:09. Source: General Authoritv: SDCL 34A-l-6. 34A-1-21. LawImplemented: SDCL 34A-1-21.

74:36:20:11. Public participation in permitting process. The department shall mail a copy ofthe draftpermitto the applicant. The department shall publish a public notice ofthe 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 statementthat a personmay submit comments or contestthe draftpermit within 30 days afterthe 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 

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# • copies ofthe draft permit or other information may be obtained. The department shall provide to the interestedparties a 30-daynotice ofany 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 ofthis article or 

# • the requirements ofthe CleanAirAct. 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 ofthe end ofthe public commentperiod 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
303include 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 decisionmeans proposing apermit or denying apermit. The final permit will be issued within 30 days ofnotifying 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 onthe draft permit. In this case, the draft permit automatically becomes the • final permit decision and the final permit is issued at the end ofthe public notice period. Source: General Authority: SDCL 34A-l-6, 34A-1-21. LawImplemented: 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 ifthe person has an interest affected by the department's draft permit. Such petitions must comply with the 

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• provisions ofarticle 74:09 and be received by the department within 30 days after publication of the notice requiredby § 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 afterreceiving the department's final permit decision. Ifthe draftpermit orthe final permit decision is contested, the department shallpresent 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. LawImplemented: 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 ofeither the secretary orthe chairman; (2) The name ofthe person, company, political subdivision, agency, or institution granted apermit; (3) The tvpe ofoperation; (4) The facilitv and mailing address; (5) The date the constructionpermit 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 orPart70 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 ofthe act andClean Air Act; (10) Monitoring, recordkeeping, and reporting requirements necessary to determine compliance with the constructionpermit; (ll) A severabilitv clause to ensure the continued validitv of the various permit requirements ifanyportions ofthe 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, includingrecords, requested in writing bythe departmentto determine compliance. Source: General Authority: SDCL 34A-l-6, 34A-1-21. 306 

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• 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 ofthe 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 ifan 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

30774:36:20:18. Reopening construction permit for cause. The department may reopen a construction permit for further review ifthe department determines that the permit contains a material mistake in establishing the emissions standards or limits or other requirements ofthe constructionpermit or the department determines that the construction permit mustbe revised to assure compliance withthe applicable requirements ofthis article andthe CleanAirAct. Source: General Authority: SDCL 34A-l-6, 34A-1-21. LawImplemented: SDCL 34A-l-21 74:36:20:19. Procedures to reopen construction permit. The department shall notify 

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the source at least 30 days beforereopening a constructionpermit. 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 ofthe permit for which cause to reopen exist. Source: General Authority: SDCL 34A-l-6, 34A-1-21. LawImplemented: SDCL 34A-1-21 74:36:20:20. Construction permit does not exempt from other requirements. The issuance ofa constructionpermit for a new source ormodification to an existing source does not exempt the new source or modification to an existing source from obtaining the applicable 308 

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• operating permit pursuant to § 74:36:04 or § 74:36:05 and to comply with the applicable emission limitations orrequirement ofthe CleanAir Act. Source: General Authority: SDCL 34A-1-6, 34A-1-21. LawImplemented: SDCL 34A-1-21 74:36:20:21. Expiration of a construction permit. A construction permit expires ifthe construction ofthe new source ormodification to an existing source has not commenced within 18 months after the effective date ofthe construction permit, ifconstructionis discontinued for a period of 18 months or more, or ifconstruction is not completed within ten years ofthe effective date. If a construction permit expires it terminates that applicant authoritv to commence construction orcomplete construction ofthe new source or modification to an existing source. Source: General Authority: SDCL 34A-1-6, 34A-1-21. LawImplemented: SDCL 34A-1-21. 74:36:20:22. Notice ofconstructing or operating noncompliance-- Contents. Ifthe department determines that the construction or operation of a source is not in compliance with this article, the Clean Air Act, orpermit conditions, the department may issue a notice ofsuch a finding to the permit holder or operator ofthe source. The notice must contain citations to the rules, statutes, or permit conditions violated and the alleged facts upon which the determination
309is 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 ofthe source and any penalties under SDCL 34A-l-39. If a compliance agreement can not be negotiated, the department may petition the chairman ofthe board for a contested case hearing ormay file a civil penalty or injunctive action in circuitcourt. 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 permitbe suspended orrevoked 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 ofa device or a means which conceals or dilutes an emission ofair pollutants that would otherwise violate this article or the Clean Air Act. This includes operating
310 

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• 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 tobe emitted. Source: General Authority: 

### SDCL 34A-1-6. LawImplemented: 

### SDCL 34A-1-18.

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### 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

1Mr. 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] 

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### Page 1of1 

### 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 commentI have regarding the Air Quality Rule Revisions. Otherthan my commenthere, 

### it looks very similarto the Nebraska airregulations for acquiring first a construction permit, then an operating permit afterthe source is in use.

I question the elimination ofthe exemption for emergency generatorunits deletedunder 74:36:04:03. 

### (7) An emergency electrical generatorpoweredby petroleumproducts; [DELETED] Will therebe clarifications to include a portable (or mobile) emergency generator, rented orleased for short durations, in the added changes [(2) A mobileinternal combustion engine, including those in autos, trucks, tractors, airplanes, locomotives, and boats;]? If these generators will be added into the mobile category, a clarificationmightbe inorder as to what constitutes an emergency generator losingthe classification ofbeing mobile or portable. We have considered building a pad and installing panelsto hookup a generator, but either maintainthe mobility ofthe generatorto be available for dispatchto otherplants withinthe company as the need arises, orleasing/renting an emergency generator during the period ofneed 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 

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02/12/2010

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• 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, 

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Please excuse my informal response. I have included mysuggested changes tothe 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 otherfacilities with the Application for a Construction Permit(74:36:20:07).

Typically, prepared plans and specifications are not available in the early stages ofproject development at the time offiling 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 ofConstruction Permitthat would allow for construction and operation of unitsthat differfrom the design described in the application without obtaining approval from the Secretary provided the final design does not significantly differfrom 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 ofthe 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, recordkeeping requirements, reporting requirements, performance testing, etc. Thank you forthe opportunityto comment. Terry Terry Graumann Terry Graumann Manager, Environmental Services OtterTail 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 TailPower Company DearMr. Graumann The Air Quality Program within the SouthDakotaDepartment ofEnvironment andNatural (DENR) implementsfederal air quality programsto meetrequirementunder the CleanAir Act. DENR implementsthoseprograms through the regulations established in Administrative Rules ofSouthDakota (ARSD) Article 74:36- AirPollution Control Program. DENRis proposing to revise ARSD Article 74:36. A summary ofthose proposedchanges are as follows: 1) Update the definitions associated withthe air quality programto ensurethe definitions are up-todate and consistentwith otherchapters inthe regulations; 2) Revise the date ofthe reference to ensure the regulationsreference the mostcurrentversion of the federal regulations; 3) Include additionalfederal New Source Performance Standards andNational Emission Standards for Hazardous Air PollutantsthatEPA has recently promulgated and/or SouthDakotahas not 

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included in its regulations. • 4) Remove the Mercury Budget Trading Programbecause the underlying federal regulations were vacated by the court system and EPA no longerplansto pursue those regulations; 5) Include a Constructionpermitprogram for new sources and modificationto existing sources; and 6) Revise the Minor and the Title V operatingpermitprograms to incorporate the changes associated withthe proposed Constructionpermitprogram. DENRis committedto working with citizens, industry, and other interested organizations to develop workable regulations thatprotectthe environment and allowbusinesses the freedom to stay competitive. I have attached a copy ofthe proposedrevisions for your review and comments. Words thathave red and overstrikes represent deletions andblue, bold and underlinedrepresent additions. Please sendyour comments onthe draftrevisions to. 

### me eitherby email at Kyrik.Rombough@state.sd.us orby mail at the following address by February 12, 2010. SouthDakota Department ofEnvironment andNatural Resources Air Quality Program PM2020 Joe Foss Building 523 East Capitol Pierre, SouthDakota 57501 DENRplans to publish a formal publicnotice toward the end ofFebruary 2010, announcing a rule hearing in front ofthe Board ofMinerals and Environment inMarch 201 0. Ifyouhave any questions, • please contactme at 605-773-3151. Thankyou for assisting us in this rule making process. Sincerely, 02/12/2010

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KyrikRombough Natural Resources Engineering Director Air QualityProgram

02/12/2010 Page 3 of3

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• 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 ofthe 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. LawImplemented: 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). 129Source: 33 SDR 217, effectiveJune 13, 2007. GeneralAuthority: 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 ofpert(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: SDCL34A-l-6. Law Implemented: SDCL 34A-1-18. CHAPTER74:36:08 NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS

Section 74:36:08:00 Administrator defined.
!75 

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# • 74:36:20:05. Standard for issuance ofconstruction 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 ofthe 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? ,.,(

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### ;:fc, before the estimated date ofcofl1mencinwfonstruclion of the 11ew source or modification W an Qxi.sting source. An application is complete ifit meets the requirements in § 74:36:20:07. Source: General Authoritv: SDCL 34A-l-6, 34A-l-2!. Law Implemented: SDCL 34A-1-21 . 

# • 29874:36:20:07. Required contents ofcomplete application for a construction permit. An agplication for a construction permit for a new source ormodification must submitthe 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 managerorcontact; (2) A descJ'iption ofthe plant and its processes and products; (3l The following information on emissions:**.U:tL!.\:lte!!lifi£~tiQll.illld** description ofall emission units; (b) l'uels, fuel use, ra>v materials, and production rates; (c) ldentilieation and description ofair pollution control equipment; 

### fill Limitations on somce operation affecting emissions or any work practice standards, whereapplicable, for all regulated airpollutants.; (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**  deviee5;
299 

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### 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 ************************************************* 

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### Rombough, Kyrik



### • m· nt: Dygowski.Laurel@epamail.epa.gov Monday, February 22, 2010 4:31 PM Rombough, Kyrik To: Cc: Rombough, Kyrik Subject: Re: FW: Air Quality Rule Revisions

7436 Draft l10122.pdf (698 KBKyrik: 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 1

### 1------------> I From: I

# ~~~~~~~~~~~~~:----------------------------------------------------------------------------~ -------------------------------------------------1 I<Kyrik.Rombough@state.sd.us> 

## >----------------------------------------------------------------------------------------- -------------------------------------------------1 1------------> I To: I 

### 1------------> 

## >----------------------------------------------------------------------------------------- -------------------------------------------------1 !Laurel Dygowski/RS/USEPA/US@EPA 

## >----------------------------------------------------------------------------------------- -------------------------------------------------1 1------------> I Cc: I 

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## >----------------------------------------------------------------------------------------- -------------------------------------------------1 I<Kyrik.Rombough@state.sd.us>

# ~============~===================================~----------------------------------------~ I Date: I 

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## >----------------------------------------------------------------------------------------- -------------------------------------------------1 101/22/2010 10:50 AM 

## >----------------------------------------------------------------------------------------- -------------------------------------------------1 1------------> I Subject: I 

### 1------------> 

## >----------------------------------------------------------------------------------------- -------------------------------------------------1 IFW: Air Quality Rule Revisions 

## >----------------------------------------------------------------------------------------- -------------------------------------------------1
-----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 ruleNatural Resources Engineering Director Air Quality Program(See attached file: 7436 Draft 2010122.pdf) 

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• IN THE MATTER OF THE PROMULGATION OF ADMINISTRATIVE RULES 

### Personal service of ADMISSION OF SERVICE


### (1) the Board ofMinerals and Environmentproposed 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 ofchapter 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 chapter74:36:07 (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, 74:36:10:05,74:36:10:07through 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 ofchapter 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 incorporatedbyreference 

# /) is admitted at Pierre, South Dakota, this 

### 3- da epartment ofEnvironment and Natural Resources

# .. " 

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• IN THE MATTER OF THE PROMULGATION OF ADMINISTRATIVE RULES WAIVEROF WAITING PERIOD 

### Pursuantto SDCL subdivision 1-26-4(2), I, StevenM. Pimer, Secretary ofthe DepartmentofEnvironment andNatural Resources, waive the fifteen-day waiting period before proceeding with the promulgation ofthe Board ofMinerals 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 ofchapter 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, 74:36:05:06through 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 ofchapter 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 Datedthis 

## 6 day of_-'-+"'-L..J""'-""- Secretary ofDepartment ofEnvironment and Natural Resources 

# •

# •
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• SMALL BUSINESS IMPACT STATEMENT FORM 1. Our agency has determined that the rule/s we are proposing havethe following type of impacton small businesses: 

### X Direct impact (please complete remainder of form) Most oftheproposed rule revisions do not have a direct impact on a small business. However a few federal regulations thathavebeenpromulgateddo have a directimpacton small business in South Dakota. DENR is proposing to include those federal regulations into Administrative Rules ofSouth Dakota (ARSD) to allow South Dakotathe authority to implement those rules instead ofa federal agency out ofDenver, Colorado. The specific rules are as follows: A. ARSD 

### 74:36:08:106- National emission standards for gasoline distributionbulk terminals, bulk plants, and pipeline facilities; 

### B. ARSD 

### 74:36:08:107- National emission standards for gasoline dispensingfacilities; and C. ARSD 

### 74:36:08:108- National emission standards for paint stripping and miscellaneous surface coating area sources. 

### 0 Indirect impact (pleaseprovide a brief explanation, then sign, date, andsubmit form. Questions 2 through 8 do notneedto be answered) 

### 0 No Impact (pleaseprovide a brief explanation, sign, date, andsubmit form - Questions 2 through 8 donotneedto be answered) 2. A general narrative and overview ofthe effect ofthe 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, bulkplants, and pipeline facilities. This federal rule requires bulk gasoline terminals andpipeline 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) mustbe 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 closedvent system and control device. Those terminals with gasoline throughputs below

### 250,000 gallons per day mustuse submerged filling for the loading of gasoline into trucks. The regulations also requires the implementation ofa monthly equipment leak inspection at bulk terminals, bulkplants, pipeline breakout stations, andpipeline pumping stations. This is accomplished by checking for leaks based on sight, sound, and smell ofall equipmentcomponents in gasoline liquid orvapor service. All leaking equipment must be repaired within a specifiedtimeperiod.

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• EPA statedthat because gasoline is eitherbeingrecovered orprevented from evaporating that EPA estimates thatthese regulations overall would not costthe industry inthe long 

### run. 

### B. ARSD 74:36:08:107- National emission standards for gasoline dispensing facilities. The federal regulationrequires all gas stations to conduct good managementpractices to check for andminimizethe evaporation ofgasoline. Forthose gas stationsthat sell morethan 10,000 gallons permonth, the gas station must also employ a submerged filling ofthe gasoline storage tanks. The submerged filling requirement is metbyeitherbottom filling the storagetank orbyusing a fill pipe that extends to within a few inches ofthe bottom ofthe tank. Forthose gas stationsthat sell more than 100,000 gallonspermonth, the gas station must also use vapor balancing control when filling the storage tank. EPA statedthat because gasoline is eitherbeingrecovered orprevented from evaporating thatEPA estimates thatthese regulations overall would not costthe industry inthe 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 autobodyrepairfacility to implementgood managementpractices to minimizethe emissionfrom paint stripping andpainting operations. This includes but is not limitedto operatortraining, paintingwithin a spray booth, and routine maintenance. EPA estimates thatthe federal regulation will have no net armual costbecause the initial cost ofcomplying wouldbe offset and recovered overtime bythe cost savings involved inthe more efficientuse oflabor and paints. 

### 3. What is the basis for the enactment ofthe 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. mustbe changed annually) Other:



## ------------------------------------------------------------ 4. Why is the rule(s) needed? Underthe Clean AirAct, EPA was requiredto identifythe hazardous air pollutants and sources ofthose pollutants thatpose the greatestpotential to a person'shealth. EPA listedbothgas stations and autobody repair facilities onthat list and recently promulgated these standards. DENRis proposing to include these federal regulations into the Administrative Rules ofSouth Dakotato allow SouthDakotato implement and enforce the regulations instead ofdirectly by EPA.

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• 5. What small businesses or types ofsmall businesses would be subjectto the rule? The rules would impact gas stations and autobody repair businesses. 

### 6. Estimate the number ofsmall businesses that wouldbe subjectto the rule. 0 

### 1-99 X 

### 100-499 0 

### 500-999 0 

### 1,000-4,999 0 

### Morethan 

### 5,000 0 

### Unknown- please explain--------------------- Based onthe initial notifications submittedto DENR, approximately 

### 250 gas stations and 

### 50 autobody repair facilities have statedthat their business would be applicableto the standard 7. Are small businesses required to file or maintain any reports orrecords underthis rule? 

### X Yes 

### 0 No a. If"yes," how manyreports must a small business submitto the state on an annual basis? A. ARSD 

### 74:36:08:106- National emission standards for gasoline distributionbulk terminals, bulkplants, andpipeline facilities. The federal regulation requires semiannual compliance reports. B. ARSD 

### 74:36:08:107- National emission standards for gasoline dispensing facilities. The federal regulationrequires semiannual compliance reports for those facilities with a throughput greaterthan 

### 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 regulationrequires an annual compliance report. b. If"yes," howmuch ongoingrecordkeeping within the business is necessary? A. ARSD 

### 74:36:08:106- National emission standards for gasoline distributionbulk terminals, bulkplants, andpipeline facilities. The federal regulation requires records ofthe leak detection andrepairprogram, the maintenance and monitoring ofany applicable control equipment, initial compliance report and the copy ofthe 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 permonth. C. ARSD 

### 74:36:08:108- National emission standards for paint stripping and miscellaneous surface coating area sources.

# •
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• The federal regulationrequires records ofpaintusage, operatortraining, use ofa spray booth, initial compliance notification and annual compliance reports. If...yes,... what type ofprofessional skills would be necessary to prepare the reports or records? X The average owner ofa small business should be able to completethereports and/or records with no assistance D It

### is likelythat abookkeeper for a small business should be able to complete the reports and/orrecords D It

### is likely that a small business person would need the assistance ofa CPAto completethe reports and/orrecords D It

### is likelythat a small business person would need the assistance ofan attorneyto complete the reports and/orrecords D Other____

### ~----~~------------------------------------ 0 Unknown- please explain----------------------- 8. Are there any less intrusive or less costly methods to achieve the purpose ofthe rule (i.e. fewer reports, less recordkeeping, lowerpenalties)? 

### X No - please explain This is a federal regulation. Boththe gas stations and autobody repair facilities are required to meet these requirements regardless ifDENRadopts these regulations. D Yes- please explain

# ---~-H---\-~..------------------

# ~-· Approved by:** ~·** 

### _ Secretary ofthe Department ofEnvironment and Natural Resources Date:

# •
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•• DEPARTMENT DIVISION PROGRAM 

### ADMINISTRATIVE PROCEDURES ACT FISCAL NOTE CODE.

. . 

### NAME.·
. . .. 

### 20 Environment andNatural Resources 2 Environmental Services Air Quality PROPOSED RULE: Revisions to ARSD 74:36 Hearing Date: Aprill5, 2010 FISCAL IMPACT STATEMENT: . .



### Briefdescription offiscal impact: These rules have minimal impact to all entities. No additional staffing orresources are needed. FISCALNOTE SUMMARY: List state agencies oflocal governmental subdivisions affected: None COST INCREASES (DECREASES) . '



### State Agencies: First-YearImpact 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

# ~

# . ' 

# •
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• IN THE MATTER OF THE PROMULGATION OF ADMINISTRATIVE RULES 

### Personal service of ADMISSION OF SERVICE



### (1) The Board ofMinerals and Environmentproposed 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 ofchapter 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:I0, 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);

# •
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• 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, 74:36:10:05,74:36:10:07through 74:36:10:10) 

### J. revising chapter 74:36:11 (e.g. revising section 74:36:11 :01); k. revising chapter74:36:12 (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 ofchapter74:36: 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 ofhearing, (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 contactpersonis: Kyrik Rombough PhoneNumber: 605-773-5708

# •
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• IN THE MATTER OFTHE PROMULGATION OF ADMINISTRATIVE RULES 

### Personal service of ADMISSION OF SERVICE



### (1) The Board ofMinerals and Environmentproposed 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 ofchapter74:36:03; 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);

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• 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 ofchapter 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 ofhearing, (3) the fiscal note, and

# • (4) the Small Business Impact Statement Form is hereby admitted at Pierre, SouthDakota, this

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# fv\a!rd'L ,2010.

# c£~ Bureau ofFinance and Management Forthese rules, the Agency contactperson is: Kyrik Rombough Phone Number: 605-773-5708 

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# 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- AmbientAirQuality and 74:36:03- Air Quality Episodes .......3 4.0 Chapter74:36:04- OperatingPermits for Minor Sources ...........................................3 5.0 Chapter74:36:05- OperatingPermits for Part70 Sources..........................................4 6.0 Chapter74:36:07- New SourcePerformance Standards .............................................5 7.0 Chapter74:36:08- NationalEmission Standardsfor Hazardous AirPollutants.......5 8.0 Chapter74:36:09- Prevention ofSignificantDeterioration.........................................6 9.0 Chapter74:36:10- New SourceReview..........................................................................7 10.0 Chapter74:36:11- PerformanceTesting........................................................................7 

# • 11.0 Chapter74:36:12- Control ofVisibleEmissions...........................................................7 12.0 Chapter74:36:13- ContinuousEmission Monitoring Systems....................................7 13.0 Chapter74:36:16-Acid Rain Program..........................................................................7 14.0 Chapter74:36:18- Regulations for StateFacilities in the Rapid CityArea...............7 15.0 Chapter74:36:19- Mercury Budget TradingProgram................................................7 16.0 Chapter74:36:20- Construction Permits forNew Sources orModifications............8 17.0 Response to Initial Comments...........................................................................................8 

### Appendix A Proposed Amendments to ARSD 74:36- AirPollution ControlProgram 

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• 1.0 

### Background The Air QualityProgram within the SouthDakotaDepartment ofEnvironment and Natural Resources (DENR) implements federal air quality programs to maintainthe air qualityin South Dakota in attainmentwith the federal National AmbientAir Quality Standards and meet other requirements under the federal Clean AirAct. There are several methods inwhichthe U.S. Environmental ProtectionAgency (EPA) gives states approval to implementfederal air quality programs. The more traditional method is for states to adoptrules and submitthe state rules to EPA for implementation into what is called a state implementationplan (SIP). Forthis process, EPAreviews the state's rules to determine iftherules are equivalentto the federal regulations and ifthe state'srules are equivalent, EPA approves the state'srules through a federal register notice. The following sections and chapters inthe Administrative Rules ofSouth Dakota (ARSD) are part ofSouth Dakota's SIP: 

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# • Chapter 74:36:01 -Definitions; Chapter 74:36:02- Ambient air quality; Chapter 74:36:03- Air quality episodes; Chapter 74:36:04- Operatingpermits for minor sources, except section 74:36:04:03.01; Chapter74:36:06- Regulated air pollutant emissions; Section 74:36:07:08- Ash disposal requirements; Section 74:36:07:29- Operatingrequirements for wirereclamation furnaces; Section 74:36:07:30- Monitoring requirements for wirereclamation furnaces; Chapter 74:36:09- Prevention ofSignificantDeteriorationprogram; Chapter 74:36:10- Newsource review; Chapter 74:36:11- Performance testing; Chapter 74:36:12- Control ofvisible 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 DENRto issue a variance to a minor source that is unable to meet a state emission limit. The variance allows the minor source to operate eventhough the state emission limitisbeing exceeded while the minor source makes changes to bring the operations back into compliance withthe state emission limit. This section is not included in South Dakota's SIP becauseEPA will not approve variances in a SIP. Section 74:36:07:08 was implementedto ensure ash generated from municipal waste combustors are disposed ofin accordance with article 74:27- Solid Waste. There is no corresponding federal New Source Performance Standard. Therefore, DENRincluded 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 Standardsthat

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• are applicableto wire reclamationfurnaces. Therefore, DENRincluded these sections in South Dakota's SIP. Section 74:36:13:08 was implemented as part ofDENR's Title V air qualitypermitprogram and establishes therequirements for "Compliance Assurance Monitoring." This section is a part of DENR's approved Title V air quality operatingpermitprogram. A secondmethodfor administrating a federal airquality program is to request delegation ofthe program. The first step inrequesting delegations is to adopt staterules that are equivalentto the federal regulations. The easiestmethod DENRhas 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 Rainprogram. A third method for administrating a federal air quality program is to have the particularprogram approved. EPA establishedthis method for the Title V airquality operating permitprogram. Just like the first two methods, the state must adopt rules equivalentto the federal program and submit the rules to EPA for approval. DENRdeveloped an approved TitleV air quality operating permit program, which is located in Chapter 74:36:05 and section74:36:13:08. DENRis obligatedby an agreement withEPA to adopt newfederal regulationsperiodicallyto ensure the state'srules are equivalent to EPA'sregulations. EPA has passed several new regulations and revised existingregulations that affect SouthDakota since DENRlastrevised ARSD 74:36 inJune 2007. Aspartofthe proposed revisions, DENR will update article 74:36 to reflect new federal changes and make minorchanges necessary to ensuretherules are equivalent to the federal regulations. BeforeDENRadopted its Title V air quality operatingpermit program, sources were required to obtain a constructionpermitbefore a new source could construct and an existing source could modify its operations. In an effortto streamlinethe process DENR combined its construction permitprogramwiththe.Title V air quality operating permitprogram and withDENR'sminor operatingpermitprogram. This worked well for many years by allowing DENRto issue air quality permits to new sources andexisting sources in a timely manner. However, inrecent years DENRhas discovered that sources maybehamperedbythis process because a Title V air quality operatingpermitrequires anEPA45-dayreviewperiod and the possibilitythatEPA or some othergroup may objectto the issuance ofthepermit eventhough thepermitmeets all ofSouth Dakota'srequirements inthe SIP, New SourcePerformance Standards, Maximum Achievable Control Technology Standards, etc. In addition, EPArecently indicatedthey have legal concerns with South Dakota's combinedconstruction and TitleV air quality operatingpermit. Therefore, DENRis separating its construction permit from boththe minor air quality operatingpermit and Title V air quality operatingpermitprogram. 2

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• The proposedrevisions to South Dakota's Air Pollution ControlProgram maybe viewed in Appendix A. 

### 2.0 Chapter 74:36:01- Definitions Periodicallychapter 74:36:01 is reviewed to ensure all definitions are up-to-date and consistent withthe otherchapters in the Air Quality Program. DENRis proposingto revise this chapterto incorporate the following: 1. Minor changes to this chapter are proposed such as deleting "Fixedcapital cost," "Municipal-type solid waste" "Title II " "TitleIII" "Title VII ""TitleVIII " "Title IX" ' ' ' ' ' ' 

### "Title X," "Title XI," and "Unit," which are notbeing used inArticle 74:36, correcting grammatical errors, andrevising definition to specify ifthe word or phrasepertains to operatingpermits, construction permits, or both; 2. The federal regulations have updated the definition for volatile organic compounds by adding additional compounds to the list ofcompounds that are not considered a volatile organic compound. Inthepast, DENRdefined volatile organic compounds by listing those compounds EPA determined did not participate in atmosphericphotochemical reactions. DENRdefined volatile organic compounds so the reader could easily determine what compoundswere not volatile organic compounds. Today, this definition is readily available on EPA'swebsite and listing each compound is unnecessary. Therefore, this definition is beingrevised to reference the federal regulation; 3. Several ofthe definitions reference a specificyear ofthe federal regulations. These definitions are beingrevisedto reflectthe most current version ofthe federal reference; and 4. Two newphrases are being defined inthis chapter associated withthe addition ofa constructionpermitprogram. Theproposed definitions will define what constitutes a "constructionpermit" and "commenced construction." 

### 3.0 Chapters 74:36:02- Ambient Air Quality and 74:36:03- Air Quality Episodes This chapterreference a specific year ofthe federal regulations. These references are being revised to reflect the most current version ofthe federal reference. 

### 4.0 Chapter 74:36:04 - Operating Permits for Minor Sources DENRis proposingto revise this chapterto incorporatethefollowing: I. This chapterrequires apermit to allow a minor source to construct and operate. The permit covered boththe construction and operation ofthe source. DENRisproposing a constructionpermitprogram. Therefore, this chapter needs onlyto coverthe operationof the source. The chapter is beingrevised to remove the references that apermitbe obtainedpriorto construction or modification ofanexisting source. A new source or
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• 5.0 sourcethatis modifYing its operations will be required to submit a permit application for an operatingpermit within 12-months after commencing operation; 2. DENR answers several questions a year involvingthe 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 criteriafor a business as a whole to meetbefore an operatingpermit is required. The second section identifies the emission units that are notrequiredto be included in a minorpermit; 3. Thetypes ofexemptemissionunits are beingrevised. The subsections for eachtype of emission unitwas comparedto the insignificant activities associated withtheTitle V air quality operating permitprogram and adjusted so they were equivalent; 4. One ofthe exemptions for an emission unit involves burning waste oil meetingthe requirements ofARSD 74:28:27:01. This exemption does not distinguish betweenthe size ofequipment orthe amount ofair emissions generated. This exemptioncould be construed notto require a permit for a boiler ata powerplant. This sectionis being revised to delete this automatic exemption. The intention ofthis sectionwas to exempt small businesses thatbumwaste oil for heatrecovery. These types ofsmall businesses would still meet one ofthe other noted exemptions; 5. There are certain sections inthis chapterthatreference a specific yearofthe federal regulations. These references are beingrevised to reflect the most current version ofthe federal reference; and 6. Section 74:36:04:11 is being repealed since the main portion ofthis section is already stated in section 74:36:04:10. 

### Chapter 74:36:05- Operating Permits for Part 70 Sources DENRis proposingto revise this chapterto incorporatethe following: I. This chapterreferences a specificyear ofthe federal regulations. These references are beingrevisedto reflectthe most current version ofthe federal reference; 2. Section74:36:05:03.01 identifies that sources required to obtain a PSD orNSR preconstructionpermit inchapter 74:36:09 and 74:36:10, respectively, are requiredto apply for a Part 70 operating permit within 12-months after commencing operation. DENR is repealing this section since it isbeing specified in section74:36:05:08- Timely and complete application for operating permitrequired; 3. EPAhas 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 CleanAirAct. SouthDakotahad the option to require a Part 70 permit for any or all ofthose sources applicable to a standard promulgatedunder 111 or 112 ofthe Clean AirAct. In general, theseregulationshave basic recordkeeping andreporting requirements, are manufacturerbasedregulations, or do nothave requirements for specific operations. The chapter is being revisedto exempt these small sources applicableto these regulations from obtain a Part 70 permit; 4. This chapterrequires a permit to allow a major sourceto construct and operate. The permitcovered boththe construction and operation ofthe source. DENR is proposing a constructionpermitprogram. Therefore, this chapterneeds onlyto coverthe operation of 4

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• 6.0 the source. The chapter is being revised to removethe references that apermitbe obtained priorto construction ormodification ofan existing source; and 5. Thispermitprogramcontains an EPA reviewperiod, where EPA may object to thepermit proposed by DENR. ARSD 

### 74:36:05:21.01 requires DENRto treat EPA'sobjection, includingtypographical changes, to thepermit as a permitmodification. The permit program establishes three procedural methods to beused 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 DENRis proposingto revise this chapterto incorporate the following:



### 7.0 1. This chapterreferences a specificyear ofthe federal regulations. Thesereferences are being revised to reflect the most current version ofthefederal reference; and 2. EPA has passed several newregulations that affect SouthDakota since DENRlast revised ARSD 

### 74:36 inJune 

### 2007. The chapterwill be revised to includethe following three standards thatmay be applicable to existingornew sources in SouthDakota; a. ARSD 

### 74:36:07:22.01 -Standards ofperformance for equipment leaks ofVOC inthe synthetic organic chemicalsmanufacturing industry for which construction, reconstruction, or modificationcommenced afterNovember 

### 7, 2006; b. ARSD 

### 74:36:07:46.01- Standards ofperformance for petroleum refineries for which construction, reconstruction, ormodification commenced afterMay 

### 14, 2007. c. ARSD 

### 74:36:07:76.01 -Standards ofperformance for equipment leaks ofVOC in petroleum refineries; and · d. ARSD 

### 74:36:07:90- Standards ofperformance for stationary spark ignition internal combustion turbines. 

### Chapter 74:36:08- National Emission Standards for Hazardous Air Pollutants DENRis proposingto revise this chapterto incorporatethe following: 1. This chapterreferences a specific year ofthe federal regulations. These references are being revised to reflectthe most current version ofthe federal reference; and 2. EPA has passed several newregulations orhave existing regulations that nowdo ormay affect South Dakota since DENRlastrevised ARSD 

### 74:36 in June 

### 2007. The chapter will be revised to includethe 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; 5

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### q. 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 distributionbulk terminals, bulkplants, andpipeline 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 blackproduction 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 woodpreserving 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 standardsfor secondarynonferrous metal processmg area sources; s. ARSD 74:36:08:118- National emission standards for plating andpolishing 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 ofARSD 74:36:08:35. ARSD 74:36:08:93 was to coverpolyurethane foam production facilities and notpolyurethane foam fabrication facilities, which are covered by ARSD 74:36:08:35. This section will be revised to incorporate the appropriate type offacility. 

### 8.0 Chapter 74:36:09- Prevention ofSignificantDeterioration This chapterreference a specificyear ofthe federal regulations. These references are being revised to reflect the most current version ofthe federal reference.

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• 9.0 Chapter 74:36:10- New Source Review This chapterreference a specificyear ofthe federal regulations. These references are being revised to reflect the mostcurrent version ofthefederal reference. 

### 10.0 Chapter 74:36:11- Performance Testing This chapter reference a specificyear ofthe federal regulations. These references are being revised to reflect the most currentversion ofthe federal reference. 

### 11.0 Chapter 74:36:12- Control ofVisible Emissions This chapterreference a specificyear ofthe federal regulations. Thesereferences are being revised to reflect the most currentversion ofthe federal reference. 

### 12.0 Chapter74:36:13- Continuous Emission Monitoring Systems This chapterreference a specificyear ofthe federal regulations. These references are being revised to reflect the most currentversion ofthe federal reference. 

### 13.0 Chapter 74:36:16- Acid Rain Program This chapterreference a specific year ofthe federal regulations. These references are being revised to reflect the most currentversion ofthe federal reference. 

### 14.0 Chapter 74:36:18- Regulations for State Facilities in the Rapid City Area. ARSD 74:36:18:10 requires the TennesseeVisual Emission EvaluationMethod l be thetest method usedto determine compliance withthe opacityrequirement. The method is partof Tennessee's state implementationplanand is not directly listed inthe code offederal regulations. Eachyear, DENRadministerstwo certifications to meet Environmental ProtectionAgency's Method 9requirements to measure opacity. The majority offederal regulations and state regulations require the opacityto be determined using Environmental ProtectionAgency's Method 9. This section is beingrevised to require the Environmental ProtectionAgency's Method 9 to determine compliance withthe opacity requirement. 

### 15.0 Chapter 74:36:19- Mercury Budget TradingProgram. OnMarch 15,2005,EPA promulgatedthe Clean Air Mercury Rule to permanently cap and reduce mercury emissions from coal-fired powerplants by approximately 70% nation-wide. In September 2006, South Dakotapromulgated regulations to implementthe CleanAirMercury Rule. On February 8, 2008, the D.C. Circuit vacatedEPA's rule removing powerplants from the CleanAirAct listofsources ofhazardous airpollutants. At the sametime, the Courtvacatedthe Clean AirMercuryRule. In February 2009, EPA asked the Supreme Courtto dismiss itsrequest
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• to have the Suprement Courtreviewthe D.C. CircuitCourt's decision. Instead, EPA plans to develop mercury standards for powerplants under a different portion ofCleanAirAct. Since the underlying federal regualtions have been vacated by the court system and EPA no longerplans to pursue these types ofregulations, South Dakotais removing this Chapter. 

### 16.0 Chapter 74:36:20- Construction Permits for New Sources or Modifications. In calendaryear 2004, EPA reviewed South Dakota'sTitle V permittingprogram. On September 19, 2006, EPA finalized and submitted a copy ofits report to DENR. In the report, EPA identified a concernthatpermits issued under South Dakota'sTitle V permittingprogram, which is a combined construction and operational permittingprogram, couldexpire. As such, conditions developed because ofthe construction activities couldbe voided, superseded, or replaced by future Title V permits. EPA's concern is that conditions in constructionpermits should be independentlyenforceable under TitleI ofthe CleanAir Act. Eventhough DENR disagrees with EPA's concernon ourTitle V permittingprogram, DENRis proposing

## aconstructionpermitting program to eliminate the confusion onwhich conditions are due to construction ofa facility and which ones are associatedwiththe operations. The constructionpermittingprogram will follow a similarprocess as thepermittingunderthe minorpermitting and Title V permittingprograms. The constructionpermittingprogram will require an application, a review ofthat application will be conducted, a draft permitwill be prepared, the public will be given an opportunityto commentonthe draftpermit and application, DENR will review any comments received and make a final permit decision, and the public will be given an opportunityto contest DENR's final permit decision, whichwill beheard by the Board ofMinerals and Environment. 

### 17.0 Response to Initial Comments During January 2010, DENR emailedthe proposedchangesto 17 different organizations that include EPA Region VIII, BadlandsNational Park, Wind Cave National Park, industry, and environmental groups for initial comments. A summary ofthe comments received and DENR's responses follows: 1. 

### Comment: "... question the elimination oftheexemption for emergency generators units deleted under 74:36:04:03." 

### Response: EPA promulgated federal regulations under theNew Source Performance Standards that are applicableto newemergency generators. The federal regulations establishrequirements for the manufacturers and owners ofthese newemergency generators. An emergency generator can not be considered an insignificant activity ifa federal requirement is applicable. In addition, by removing the exemption for emergency generators, DENRis being consistent between the Minor airqualitypermitprogram and the Title V air quality permitprogram. Even though we are removingthe exemption, an 8

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• emergency generatormay still notrequire aminor air quality permit ifthe potential emissions from the facility is less than orequal to 25 tons peryear (ARSD 74:36:04:02.01(1)). However, anew emergency generator would still have to meetthe requirements ofthe federal regulation. DENR considered the comment; butdid not propose any changes to the draft rule revisions. 2. Comment:".. .

### what constitutes an emergency generator losing the classification ofbeing mobile orportable?" Response: 

### The question or concern appears to center around when anonroad engine such as aportable emergency generatorbecomes a stationary source and would be coveredby one ofthe permitprograms. Section 216(1 0) ofthe Clean Air Act defines a "nonroad engine" as an internal combustion engine that is not used in amotor vehicle or a vehicle used solely for competition orthat is not subjectto standards promulgatedunder section Ill (New Source Performance Standards) or 202 (mobile sources) ofthe federal Clean Air Act. Amore specific definition ofanonroad engine is outlined in 40 CFR § 89.2. It not only states what anonroad engine is but also specifies when an internal combustion engine is no longer anonroad engine and becomes apermittedunit. It

### states that an internal combustion engine is not anonroad engine ifthe engine remains or will remain at alocation for more than 12 consecutive months or a shorterperiod oftimefor an engine located at a seasonal source. Aportable emergency generator is generally an internal combustion engine located on a trailer and is not subjectto section 111 or 202 ofthe federal Clean Air Act. Therefore, a portable emergency generator is considered anonroad engine and not subjectto permitting. This was more ofaquestion and did not request any changes to the draftrule 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 notrequiredto obtain aTitle V air quality operating permit. The exemptions noted in ARSD 74:36:04:02.01 are not new exemptions. These exemptions were originally partARSD 74:36:04:03. These exemptions were developed for sources that were considered to have anegligible impactto air quality in South Dakota. DENR considered the comment; butdid notpropose any changes to the draftrule revisions. 4. Comment: 

### "Regarding the removal ofthe MercuryBudgetTrading 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) ofthe Clean Air Act."

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• Response: DENRwill follow theregulations that are in affect at thetime a new source ora modified source submits its application. For sources thatconstructorreconstruct a major source ofhazardous air pollutants and is notbeing regulated by a current standard such asthe maximum available control technology standards established in 40 CFRPart 63, DENRwill follow the requirements for section 112(g) ofthe CleanAirActfor new ormodified sources that is outlined in 40 CFR 

### §§ 63.40 through 63.44 (ARSD 74:36:08:03.01). The requirements implemented in section 1120) ofthe Clean Air Act are established in40 CFR 

### §§ 63.50 through 63.56 (ARSD 74:36:08:03.01) and are for existing sources thatEPA has failed to promulgate a standard by its established deadline. DENR considered the comment; but did notpropose any changes to the draft rule revisions. 5. Comment: "...concern is theproposed requirement to include prepared plans and specification ofany equipment orother facilities with application for a construction permit...preparedplans and specification are not available in the early stages ofproject development..." Response: DENR agrees that for largeprojects, preparedplans and specifications are not available at thetime an application is required priorto construction. Therefore, DENRagrees to revise the language in ARSD 74:36:20:07(4), byadding "Ifavailable" at the beginning ofthe subsection. This revision will require plans and specifications to be submitted only ifthey are available. 6. Comment: "...add language "actual on-site"to Administrative Rule ofSouthDakota 74:36:20:06." Response: The term "actual on-site" is used as partofthe definition for commenced construction in ARSD 74:36:01:21. Therefore, this language is already incorporated into the suggested sectionby the definition ofcommenced construction. DENRconsidered the comment; but did notpropose any changes to the draft rule revisions. 7. Comment: "...consider adding a provision...contents ofconstruction permitthat would allow for construction and operation ofunits that differ from the design describedinthe application without obtaining approval from the Secretary providedthe final design does not significantly differ from the design described inthe application andthefinal design would still demonstrate compliancewiththe National Ambient Air Quality Standards and PSD increments..." Response: DENRbelievesthis requestis best suited for the case-by-case review ofthe applicationfor the minor or Title V airquality operating permit, whicheveris applicable. Duringthis review, DENRcan determine ifthe actual construction differed and ifso, is it significant enoughto warrant operational limits or requirementmore restrictive thanthe constructionpermit. DENRconsidered the comment; but did notpropose any changes to the draftrulerevisions.
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• 8. Verbal Comment: "...cannot exempt Subparts EEEEEE, FFFFFF, GGGGGG, YYYYY, MMMMMM, and SSSSSS from obtaining a Title V permit." Response: Some ofthe area source hazardous air pollutantregulations allowa source to be exempt from the obligationto obtain a Part 70 operating permitwhile others are requiredto obtain a Part 70 operating permit. In accordance with 40 CFR 

### §§ 63.11146(d) (Subpart EEEEEE), 63.11153(d) (SubpartFFFFFF), 63.11160(c) (Subpart GGGGGG), 63.10680(d) (Subpart YYYYY), 63.11400(d) (SubpartMMMMMM), and 63.11449(e) (Subpart SSSSSS) it states that an area source subjectto these subparts must obtain a Part 70 operating permit. DENRremovedtherecommended 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 ofSouth Dakota 74:36:08:02.02, 74:36:08:02.03, and 74:36:08:02.04 shouldreference 40 CFRPart 61 instead of40 CFR Part 60." Response: The federal regulations DENR is recommending to include do come from 40 CFRPart 61. DENRcorrectedthe reference to the appropriate Part. 10. Comment: "Thecitation referenced inARSD 74:36:07:03 should be revised..." Response: The federal regulations for electric utility steam generators wererecently revised. Duringthe revision process, the federal citations were also revised. DENRwill revise ARSD 74:36:07:03 to the correct federal citations. 11. Comment: "Thetitle ofARSD 74:36:07:74 shouldbe revised to clarify volatile organic compounds are addressed..." Response: DENR will revise the title ofARSD 74:36:07:74 from "Standards of performance for volatile organic emissions from polymermanufacturing industry" to "Standards ofperformance for volatile organic compound emissions from polymer manufacturing industry". 12. Comment: "...there are instances...where titles are altered, abbreviated orcontain 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 ofSouth Dakota, the title given to each rule is called a catchline. Catchlines help the reader find topics more quicklyand provide a quick indexto the rules when listed in the contents ofthe chapter. Catchlines are notpart ofthe rules. Everything inthe catchline that is essential to therule mustbe repeated inthe body ofthe rule. The importantpartofthe rule is the reference to the federal citation. As suchthere is no difference in applicability becausethe federal citation identifies the applicabilitythat is II

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• referenced by the administrative rule. DENR considered the comment; but did not propose anychanges to the draft rule revisions. 13. Comment: "...proposed regulation at 74:36:04: 15(9) would allowfor compliance with either State law or the Clean AirAct. Compliancemust be with both state and Federal Requirements, the "or"...should be "and"..." Response: DENR agrees to makethis recommended change. 14. Comment: "...74:36:04:06 needs languagethat a minor source applying for an initial operatinghas alreadycomplied 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 preventconfusion inthe future, the language should be revised...Ifthe source has already compliedwiththe modificationrequirements of74:36:20 or74:36:09 or 74:36:10..." Response: The concern appears to bethat an owner or operator ofsource may thinkthat just an operating permitisrequired and forgo the constructionpermittingprocess. A new source or modificationto an existing source will be required to apply for and obtain a constructionpermitpriorto constructing the facility or modification under one ofthe constructionpermit programs. The requirement to obtain one ofthese construction permits is not overridden bythe requirements to obtain an operating permit. The operating permit is in additionto the constructionpermit. However, DENRdoes agree that it would be beneficial to identifythat a constructionpermit is required before constructing the new source ormodification inthe operating permitprogram. DENRwill identify this with a note atthe end ofARSD 74:36:04:06 and74:36:05:08. 15. Comment: "MinorPermitAmendmentis inconsistent with Part 70 definition ofa procedure...for consistency, this should be MinorPermit Modification..." Response: DENRused a differentterm 

### inanattemptto distinguishbetweenthe federal terms such as a major modificationunder the Prevention ofSignificantDeterioration program, a majormodification under the Part 70 permittingprogram, and a minor modification underthe Part 70 permittingprogram. DENR considersthe termminor permit amendment instead ofminormodificationbrings clarity and consistencyto its permitting programs. DENRconsideredthe comment; but did not propose any changes to the draftrule revisions. 16. Verbal Comment: "Several ofthe federal regulations for national emission standards for hazardous airpollutants have beenrevisedby adding an additional section or a table to the subpart. It

### is recommendedthatfor those Administrative Rules ofSouthDakotain chapter 74:36:08 that do notreference the subpartberevised to reference the subpartto account for these changes." Response: Generally, the adoptionbyreference to a subpart was done because the subpart contained a table or an appendix that was not directly associated with the 12

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• numbering ofthe federal regulation. Ifthere was no suchtable or appendix, the adoption by reference was to a specific set offederal 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: Theregulations for dry cleaners, chromium electroplating (09), and halogenated solvent cleaning (13) identified inAdministrative Rules ofSouth Dakota 74:36:08:04, 74:36:08:09, 74:36:08:13, reference a December 9, 2005, date. The federal regulations have beenrevised 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 subjectto these subparts is exempt from the obligationto obtain a Part 70 permitprovided the source is not required to obtain a Part 70 permit for otherreasons. DENR agrees to make the recommended changes.

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• AppendixA Proposed Amendments to ARSD 74:36- AirPollution ControlProgram

# • ARTICLE 74:36

.AIR POLLUTION CONTROL PROGRAM
Chapter 74:36:01 Definitions. 74:36:02 Ambient air quality. 74:36:03 Airqualityepisodes. 74:36:04 Operatingpermits forminor sources. 74:36:05 Operatingpermits for Part 70 sources. 

# • 74:36:06 Regulated airpollutant emissions. 74:36:07 New sourceperformance standards. 74:36:08 National emission standards forhazardous airpollutants. 74:36:09 Prevention ofsignificant deterioration. 74:36:10 New sourcereview. 74:36:11 Performancetesting. 74:36:12 Control ofvisible emissions. 74:36:13 Continuous emissionmonitoring systems. 74:36:14 Variances, Repealed. 74:36:15 Openburning, TransferredorRepealed. 74:36:16 Acidrainprogram. 

# • 74:36:17 Rapid City street sanding and deicing.