41

PART V - PROCEDURE FOR ADOPTING PERMANENT RULES

Notice:

Serve head of department with a copy of SDCL 1-26-4(1)

(1) admission of service (Form 1);

(2) authorization to proceed (Form 2);

(3) proposed rules; and

(4) materials incorporated by reference.

Get written approval to proceed. SDCL 1-26-4(2)

Service on Legislative Research Council (LRC) and Bureau SDCL 1-26-4(2)

 of Finance and Management (BFM), publication of notice, 1-26-4(3)

 and notice to interested persons must be done at least 20 days

 before the hearing.

Service on LRC (two copies) and BFM (one copy) includes: SDCL 1-26-4(2)

(1) admission of service (Form 3 or 4 as applicable);

(2) notice of hearing;

(3) fiscal note;

(4) proposed rules - double spaced;

(5) (LRC only) copies of admission of service on department

 secretary and authorization to proceed (Forms 1 and 2); 

(6) (LRC only) one copy of any materials incorporated by

 reference. The materials will be returned after the review

 is complete; and

(7) Small Business Impact Statement (Form 14)

If rules have a negative fiscal impact on local political SDCL 1-26-4.2

 subdivisions, ask BFM to send a copy of its fiscal note to

 South Dakota Municipal League, Associated School Boards

 of South Dakota, and South Dakota County Commissioners

 Association.

Publish notice of hearing in a manner selected to notify SDCL 1-26-4.1

 persons likely to be affected; minimum legal test is publication 1-26-4(3)

 of notice in at least three newspapers of general circulation in

different parts of the state.

Send notice to interested persons. SDCL 1-26-4.1

Comment period:

Accept comments from public and from LRC. SDCL 1-26-4(6)

1-26-6.5
42

Hold public hearing. If a board or commission has SDCL 1-26-4(4)

 rule-making authority, a majority of the board or

 commission must be present at the hearing.

Keep comment period open for ten days following hearing; SDCL 1-26-4(6)

 however, if agency is part-time citizen board or part-time 

 commission, close comment period at end of hearing unless

hearing is specifically continued to take additional comments.

Adoption process:

Make changes in rules after consideration of comments SDCL 1-26-4(4)

 by public; make LRC's recommended changes; changes 1-26-4(7)

 must be within the scope of the notice. 1-26-6.5

Have rules signed by the person or a majority of the SDCL 1-26-6(2)

 body with the authority to adopt them (Form 11).

Serve Rules Committee with minutes of public hearing, SDCL 1-26-4(8)

 complete record of written comments, and final draft 1-26-4.3

 of rules after hearing. 1-26-6(1)

Serve final draft of rules with Legislative Research Council SDCL 1-26-6(4)

 and obtain signature of LRC approving the rules for 1-26-6.5

 legality and for form and style (Form 11). 1-26-6.6

Appear and present rules to the Interim Rules SDCL 1-26-1.2

 Review Committee. 1-26-4(8)

Filing with Secretary of State:

File a copy of Form 11 and original certificate Form 13, with the SDCL 1-26-4.3

 Secretary of State if the agency has appeared before the Rules Committee 1-26-6(1)

 and minutes and final rules were served on the Rules Committee and if all 1-26-6(5)

 signatures have been obtained. No more than 75 days may elapse between

when the agency's public hearing commences and the rules are filed with

the Secretary of State.

Effective date:

Rules are provisionally effective on the 20th day SDCL 1-26-6

 after filing with the Secretary of State.

Rules are finally effective on July 1 after the next SDCL 1-26-6

 legislative session.
43

PROCEDURE FOR ADOPTING PERMANENT RULES

 Step 1 All original documents should be

Forms 1, 2 kept in your office except as noted

Serve proposed rules on department secretary below.

 Step 2 The times shown in the flow chart are

Forms 3, 4, 5, 6, 14 the minimums established by SDCL

Serve rules, notice, fiscal notes, and impact 1-26-4 and 1-26-6. Steps 4 through 7

statement on LRC and BFM must be accomplished in 75 days

No waiting period (SDCL 1-26-4.3).

 Step 3 The form numbers in the chart

Forms 6, 7, 8, 9 correspond to forms on the following

Publish notice of hearing and send pages. Your agency must create all of

notice to interested persons these forms, with the exception of

Wait 20 days Form 5 (BFM 50.10), the fiscal note,

which is obtained from the Bureau

 Step 4 of Finance and Management, and

Form 10 Form 8, affidavit of publication,

Hold public hearing which is provided by the newspapers

Wait 10 days unless the entity publishing your notice.

promulgating the rules is a board or

a multiperson decision maker Keep the originals of all of the 

documents in your agency files, 

 Step 5 SDCL 1-26-7. However, the original

Form 11 of Form 13, the certificate, must be

Adopt rules filed with the Secretary of State.

No waiting period While it is not required by statute, the

Secretary of State has requested that a

 Step 6 copy of Form 11 be filed with the

Forms 11, 12 rules and the certificate (Step 7).

Submit final, adopted rules to LRC for

approval signature. Send final rules A more detailed explanation of this

and minutes of hearing to Rules Committee. entire process is contained in the

Appear and present rules to the Committee Administrative Procedures Act,

SDCL chapter 1-26.

 Step 7

Form 13

File rules and certificate of compliance

with Secretary of State

Wait 20 days

Rules are effective
Final Check List 

Form Date Completed 

Admission of Service (Form 1) April19, 2013 

Waiver of Waiting Period (Form 2) April19, 2013 

LRC Admission of Service (Form 3) April22, 2013 

BFM Admission of Service (Form 4) April 22, 2013 

Fiscal Note (Form 5) April 19, 2013 

Public Notice (Form 6) April22, 2013 

Public Notice Letters (Form 7) April22, 2013 

Aberdeen- April24, 2013 

Brookings - April 24, 2013 

Huron- April24, 2013 

Madison- April 24, 2013 

Mitchell- April 24, 2013 

Affidavit of Publication (Form 8) Pierre - April 24, 2013 

Rapid City- April24, 2013 

Sioux Falls- April24, 2013 

Spearfish- April24, 2013 

Watertown- April24, 2013 

Yankton- April 24, 2013 

Interested Parties Affidavit (Form 9) April 22, 20 13 ~-

BME Minutes (Form 10) May 16, 2013 

BME Approval (Form 11) BME-May 16,2013 

LRC- May 28, 2013 

Interim Rules Admission of Service May 22,2013 (Form 12) ~-

Certificate (Form 13) BME-May 16,2013 

Sec. of State- June 5, 2013 

Small Business Impact (Form 14) April19, 2013 
Heidt, Marlys 

From: 

Sent: 

To: 

Subject: 

Attachments: 

April 2, 2013 

Mr. Paul Peterson 

3M Company 

Dear Mr. Peterson: 

Heidt, Marlys 

Tuesday, April 02, 2013 4:26 PM 

p-peterson@mmm.com 

SD Air Quality Rule Revisions 

Draft_rules_20130401.pdf 

The South Dakota Department of Environment and Natural Resources (DENR) is obligated by an agreement 

with the federal Environmental Protection Agency (EPA) to periodically adopt new federal regulations. 

Therefore, DENR is proposing revisions to the Administrative Rules of South Dakota (ARSD) Article 74:36-

Air Pollution Control Program. 

EPA has promulgated several new regulations and revised existing regulations that affect South Dakota since 

DENR last revised ARSD 74:36 in June 2010. Examples of new regulations that will be adopted into South 

Dakota's Air Pollution Control Program include: 

>- National emission standards for coal- and oil-fired electric utility steam generating units 

>- National emission standards for chemical manufacturing area sources 

>- National emission standards for industrial, commercial, and institutional boilers area sources 

>- National emission standards for gold mine ore processing and production area sources 

>- Standards of performance for new sewage sludge incineration units 

EPA has revised its new source performance standards and national emission standards for hazardous air 

pollutants. DENR will adopt these revisions into South Dakota's Air Pollution Control Program. 

EPA's inclusion of clean unit and pollution control project regulations in the prevention of significant 

deterioration program has been vacated and EPA has since removed these requirements from the federal 

regulations. Changes are proposed to revise South Dakota's state implementation plan (SIP) to remove 

references to clean units and pollution control projects. 

On March 12, 2013, the Governor of South Dakota signed house bill1059 titled "An Act to repeal and revise 

certain obsolete and unnecessary statures and rules relating to the Department of Environment and Natural 

Resources". This Act repealed the authority associated with"variances". Changes are proposed to delete the 

reference to the "variance" state authority from the regulations. 

DENR is com.1nitted to working with citizens, industry, and other interested orga.11izations to develop workable 

rules that protect the environment and allow businesses the freedom to be competitive. I have enclosed a copy 

of the proposed revisions for your review and comments. Please note that words that have overstrikes represent 

1 
deletions and bold and underline words represent additions. Please send your comments on the draft to the 

following address by April17, 2013: 

Marlys Heidt 

South Dakota Department of Environment and Natural Resources 

PMB 2020, Air Quality Program 

523 E. Capitol, Joe Foss Building 

Pierre, SD 57501 

Comments may also be submitted by email to marlys.heidt@state.sd.us. 

DENR plans to publish a formal public notice in late April or early May 2013, announcing a rule hearing in 

front of the Board of Minerals and Environment. If you have any questions, please contact me at (605) 773-

3151. Thank you for assisting us in this rule making process. 

Sincerely, 

Marlys Heidt 

Engineer III 

Air Quality Program 

Enclosure 

2 
Heidt, Marlys 

From: 

Sent: 

To: 

Subject: 

Attachments: 

April 2, 2013 

Ms. Lynne Finn 

South Dakota State University 

Dear Ms. Finn: 

Heidt, Marlys 

Tuesday, April 02, 2013 4:35 PM 

Finn, Lynne 

SD Air Quality Rule Revisions 

Draft_rules_20130401.pdf 

The South Dakota Department of Environment and Natural Resources (DENR) is obligated by an agreement 

with the federal Environmental Protection Agency (EPA) to periodically adopt new federal regulations. 

Therefore, DENR is proposing revisions to the Administrative Rules of South Dakota (ARSD) Article 74:36-

Air Pollution Control Program. 

EPA has promulgated several new regulations and revised existing regulations that affect South Dakota since 

DENR last revised ARSD 74:36 in June 2010. Examples of new regulations that will be adopted into South 

Dakota's Air Pollution Control Program include: 

>- National emission standards for coal- and oil-fired electric utility steam generating units 

>- National emission standards for chemical manufacturing area sources 

>- National emission standards for industrial, commercial, and institutional boilers area sources 

>- National emission standards for gold mine ore processing and production area sources 

>- Standards of performance for new sewage sludge incineration units 

EPA has revised its new source performance standards and national emission standards for hazardous air 

pollutants. DENR will adopt these revisions into South Dakota's Air Pollution Control Program. 

EPA's inclusion of clean unit and pollution control project regulations in the prevention of significant 

deterioration program has been vacated and EPA has since removed these requirements from the federal 

regulations. Changes are proposed to revise South Dakota's state implementation plan (SIP) to remove 

references to clean units and pollution control projects. 

On March 12, 2013, the Governor of South Dakota signed house bill 1059 titled "An Act to repeal and revise 

certain obsolete and unnecessary statures and rules relating to the Department of Environment and Natural 

Resources". This Act repealed the authority associated with"variances". Changes are proposed to delete the 

reference to the "variance" state authority from the regulations. I 

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

rules that protect the environ;nent &'ld allow businesses the freedom to be competitive. I have enclosed a copy 

of the proposed revisions for your review and comments. Please note that words that have overstrikes represent 

deletions and bold and underline words represent additions. Please send your comments on the draft to the 

following address by April 17, 2013: 

1 
Marlys Heidt 

South Dakota Department of Environment and Natural Resources 

PMB 2020, Air Quality Program 

523 E. Capitol, Joe Foss Building 

Pierre, SD 57501 

Comments may also be submitted by email to marlys.heidt@state.sd.us. 

DENR plans to publish a formal public notice in late April or early May 2013, announcing a rule hearing in 

front of the Board of Minerals and Environment. If you have any questions, please contact me at (605) 773-

3151. Thank you for assisting us in this rule making process. 

Sincerely, 

Marlys Heidt 

Engineer III 

Air Quality Program 

Enclosure 

2 
Heidt, Marlys 

From: 

Sent: 

To: 

Subject: 

Attachments: 

April2,2013 

Mr. Frank James 

Dakota Rural Action 

Dear Mr. James: 

Heidt Marlys 

Tuesday, April 02, 2013 4:31 PM 

'fejames@dakotarural.org' 

SD Air Quality Rule Revisions 

Draft_rules_2013040l.pdf 

The South Dakota Department of Environment and Natural Resources (DENR) is obligated by an agreement 

with the federal Environmental Protection Agency (EPA) to periodically adopt new federal regulations. 

Therefore, DENR is proposing revisions to the Administrative Rules of South Dakota (ARSD) Article 74:36-

Air Pollution Control Program. 

EPA has promulgated several new regulations and revised existing regulations that affect South Dakota since 

DENR last revised ARSD 74:36 in June 2010. Examples of new regulations that will be adopted into South 

Dakota's Air Pollution Control Program include: 

~ National emission standards for coal- and oil-fired electric utility steam generating units 

~ National emission standards for chemical manufacturing area sources 

~ National emission standards for industrial, commercial, and institutional boilers area sources 

~ National emission standards for gold mine ore processing and production area sources 

~ Standards of performance for new sewage sludge incineration units 

EPA has revised its new source performance standards and national emission standards for hazardous air 

pollutants. DENR will adopt these revisions into South Dakota's Air Pollution Control Program. 

EPA's inclusion of clean unit and pollution control project regulations in the prevention of significant 

deterioration program has been vacated and EPA has since removed these requirements from the federal 

regulations. Changes are proposed to revise South Dakota's state implementation plan (SIP) to remove 

references to clean units and pollution control projects. 

On March 12, 2013, the Governor of South Dakota signed house bill 1059 titled "An Act to repeal and revise 

certain obsolete and urmecessary statures and rules relating to the Department of Environment and Natural 

Resources". This Act repealed the authority associated with"variances". Changes are proposed to delete the 

reference to the "variance" state authority from the regulations. 

DENR is committed to working with citizens, industry, a11d other interested organizations to develop workable 

rules that protect the environment and allow businesses the freedom to be competitive. I have enclosed a copy 

of the proposed revisions for your review and comments. Please note that words that have overstrikes represent 

1 
deletions and bold and underline words represent additions. Please send your comments on the draft to the 

following address by April 17, 2013: 

Marlys Heidt 

South Dakota Department of Environment and Natural Resources 

PMB 2020, Air Quality Program 

523 E. Capitol, Joe Foss Building 

Pierre, SD 57501 

Comments may also be submitted by email to marlys.heidt@state.sd.us. 

DENR plans to publish a formal public notice in late April or early May 2013, announcing a rule hearing in 

front of the Board of Minerals and Environment. If you have any questions, please contact me at (605) 773-

3151. Thank you for assisting us in this rule making process. 

Sincerely, 

Marlys Heidt 

Engineer III 

Air Quality Program 

Enclosure 

2 
Heidt, Marlys 

From: 

Sent: 

To: 

Subject: 

Attachments: 

April 2, 2013 

Peter Carrels 

South Dakota Sierra Club 

Dear Mr. Carrels: 

Heidt, Marlys 

Tuesday, April 02, 2013 4:53 PM 

'petecarrels@midco.net' 

SD Air Quality Rule Revisions 

Draft_rules_20130401.pdf 

The South Dakota Department of Environment and Natural Resources (DENR) is obligated by an agreement 

with the federal Environmental Protection Agency (EPA) to periodically adopt new federal regulations. 

Therefore, DENR is proposing revisions to the Administrative Rules of South Dakota (ARSD) Article 74:36-

Air Pollution Control Program. 

EPA has promulgated several new regulations and revised existing regulations that affect South Dakota since 

DENR last revised ARSD 74:36 in June 2010. Examples of new regulations that will be adopted into South 

Dakota's Air Pollution Control Program include: 

>- National emission standards for coal- and oil-fired electric utility steam generating units 

>- National emission standards for chemical manufacturing area sources 

>- National emission standards for industrial, commercial, and institutional boilers area sources 

>- National emission standards for gold mine ore processing and production area sources 

>- Standards of performance for new sewage sludge incineration units 

EPA has revised its new source performance standards and national emission standards for hazardous air 

pollutants. DENR will adopt these revisions into South Dakota's Air Pollution Control Program. 

EPA's inclusion of clean unit and pollution control project regulations in the prevention of significant 

deterioration program has been vacated and EPA has since removed these requirements from the federal 

regulations. Changes are proposed to revise South Dakota's state implementation plan (SIP) to remove 

references to clean units and pollution control projects. 

On March 12, 2013, the Governor of South Dakota signed house bill 1059 titled "An Act to repeal and revise 

certain obsolete and unnecessary statures and rules relating to the Department of Environment and Natural 

Resources". This Act repealed the authority associated with"variances". Changes are proposed to delete the 

reference to the ''variance" state authority from the regulations. 

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

niles that protect the environment and allow businesses the freedom to be competitive. I have enclosed a copy 

of the proposed revisions for your review and comments. Please note that words that have overstrikes represent 

deletions and bold and underline words represent additions. Please send your comments on the draft to the 

following address by Aprill7, 2013: 

1 
Marlys Heidt 

South Dakota Department of Environment and Natural Resources 

PMB 2020, Air Quality Program 

523 E. Capitol, Joe Foss Building 

Pierre, SD 57501 

Comments may also be submitted by email to marlys.heidt@state.sd.us. 

DENR plans to publish a formal public notice in late April or early May 2013, announcing a rule hearing in 

front of the Board ofMinera1s and Environment If you have any questions, please contact me at (605) 773-

3151. Thauk you for assisting us in this rule making process. 

Sincerely, 

Marlys Heidt 

Engineer III 

Air Quality Program 

Enclosure 

2 
Heidt, Marlys 

From: 

Sent: 

To: 

Subject: 

Attachments: 

April 2, 2013 

Mark Thoma 

Otter Tail Power Company 

Dear Mr. Thoma: 

Heidt, Marlys 

Tuesday, April 02, 2013 4:59 PM 

mthoma@otpco.com 

SD Air Quality Rule Revisions 

Draft_rules_2013040l.pdf 

The South Dakota Department of Environment and Natural Resources (DENR) is obligated by an agreement 

with the federal Environmental Protection Agency (EPA) to periodically adopt new federal regulations. 

Therefore, DENR is proposing revisions to the Administrative Rules of South Dakota (ARSD) Article 74:36-

Air Pollution Control Program. 

EPA has promulgated several new regulations and revised existing regulations that affect South Dakota since 

DENR last revised ARSD 74:36 in June 2010. Examples of new regulations that will be adopted into South 

Dakota's Air Pollution Control Program include: 

>- National emission standards for coal- and oil-fired electric utility steam generating units 

>- National emission standards for chemical manufacturing area sources 

>- National emission standards for industrial, commercial, and institutional boilers area sources 

>- National emission standards for gold mine ore processing and production area sources 

>- Standards of performance for new sewage sludge incineration units 

EPA has revised its new source performance standards and national emission standards for hazardous air 

pollutants. DENR will adopt these revisions into South Dakota's Air Pollution Control Program. 

EPA's inclusion of clean unit and pollution control project regulations in the prevention of significant 

deterioration program has been vacated and EPA has since removed these requirements from the federal 

regulations. Changes are proposed to revise South Dakota's state implementation plan (SIP) to remove 

references to clean units and pollution control projects. 

On March 12, 2013, the Governor of South Dakota signed house bill 1 059 titled "An Act to repeal and revise 

certain obsolete and unnecessary statures and rules relating to the Department of Environment and Natural 

Resources". This Act repealed the authority associated with"variances". Changes are proposed to delete the 

reference to the "variance" state authority from the regulations. 

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

rules that protect the environment and allow businesses the freedom to be competitive. I have enclosed a copy 

of the proposed revisions for your review and comments. Please note that words that have overstrikes represent 

deletions and bold and underline words represent additions. Please send your comments on the draft to the 

following address by April 17, 2013: 

1 
Marlys Heidt 

South Dakota Department of Environment and Natural Resources 

PMB 2020, Air Quality Program 

523 E. Capitol, Joe Foss Building 

Pierre, SD 57501 

Comments may also be submitted by email to marlys.heidt@state.sd.us. 

DENR plans to publish a formal public notice in late April or early May 2013, announcing a rule hearing in 

front ofthe Board of Minerals and Environment. If you have any questions, please contact me at (605) 773-

3151. Thank you for assisting us in this rule making process. 

Sincerely, 

Marlys Heidt 

Engineer III 

Air Quality Program 

Enclosure 

2 
Heidt, Marlys 

From: 

Sent: 

To: 

Subject: 

Attachments: 

April2, 2013 

Ruth Jensen 

TransCanada Northern Border 

Dear Ms. Jensen: 

Heidt, Marlys 

Tuesday, April 02, 2013 5:03 PM 

ruthjensen@transcanada.com 

SD Air Quality Rule Revisions 

Draft_rules_20130401.pdf 

The South Dakota Department ofEnvirorunent and Natural Resources (DENR) is obligated by an agreement 

with the federal Environmental Protection Agency (EPA) to periodically adopt new federal regulations. 

Therefore, DENR is proposing revisions to the Administrative Rules of South Dakota (ARSD) Article 74:36-

Air Pollution Control Program. 

EPA has promulgated several new regulations and revised existing regulations that affect South Dakota since 

DENR last revised ARSD 74:36 in June 2010. Examples of new regulations that will be adopted into South 

Dakota's Air Pollution Control Program include: 

~ National emission standards for coal- and oil-fired electric utility steam generating units 

~ National emission standards for chemical manufacturing area sources 

~ National emission standards for industrial, commercial, and institutional boilers area sources 

~ National emission standards for gold mine ore processing and production area sources 

~ Standards of performance for new sewage sludge incineration units 

EPA has revised its new source performance standards and national emission standards for hazardous air 

pollutants. DENR will adopt these revisions into South Dakota's Air Pollution Control Program. 

EPA's inclusion of clean unit and pollution control project regulations in the prevention of significant 

deterioration program has been vacated and EPA has since removed these requirements from the federal 

regulations. Changes are proposed to revise South Dakota's state implementation plan (SIP) to remove 

references to clean units and pollution control projects. 

On March 12, 2013, the Governor of South Dakota signed house bill 1059 titled "An Act to repeal and revise 

certain obsolete and unnecessary statures and rules relating to the Department of Environment and Natural 

Resources". This Act repealed the authority associated with"variances". Changes are proposed to delete the 

reference to the "variance" state authority from the regulations. 

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

rules that protect the environment and allow businesses the freedom to be competitive. I have enclosed a copy 

of the proposed revisions for your review and comments. Please note that words that have overstrikes represent 

deletions and bold and underline words represent additions. Please send your comments on the draft to the 

following address by April 17, 2013: 

1 
Marlys Heidt 

South Dakota Department of Environment and Natural Resources 

PMB 2020, Air Quality Program 

523 E. Capitol, Joe Foss Building 

Pierre, SD 57501 

Comments may also be submitted by email to marlys.heidt@state.sd.us. 

DENR plans to publish a formal public notice in late April or early May 2013, announcing a rule hearing in 

front of the Board of Minerals and Environment If you have any questions, please contact me at (605) 773-

3151. Thank you for assisting us in this rule making process. 

Sincerely, 

Marlys Heidt 

Engineer III 

Air Quality Program 

Enclosure 

2 
Heidt, Marlys 

From: 

Sent: 

To: 

Subject: 

Attachments: 

April2, 2013 

Arthur Zimmerman 

Xcel Energy 

Dear Mr. Zimmerman: 

Heidt, Marlys 

Tuesday, April 02, 2013 5:12 PM 

'arthur.t.zimmerman@xcelenergy.com' 

SD Air Quality Rule Revisions 

Draft_rules_20130401.pdf 

The South Dakota Department of Environment and Natural Resources (DENR) is obligated by an agreement 

with the federal Environmental Protection Agency (EPA) to periodically adopt new federal regulations. 

Therefore, DENR is proposing revisions to the Administrative Rules of South Dakota (ARSD) Article 74:36-

Air Pollution Control Program. 

EPA has promulgated several new regulations and revised existing regulations that affect South Dakota since 

DENR last revised ARSD 74:36 in June 2010. Examples of new regulations that will be adopted into South 

Dakota's Air Pollution Control Program include: 

);> National emission standards for coal- and oil-fired electric utility steam generating units 

);> National emission standards for chemical manufacturing area sources 

);> National emission standards for industrial, commercial, and institutional boilers area sources 

);> National emission standards for gold mine ore processing and production area sources 

);> Standards of performance for new sewage sludge incineration units 

EPA has revised its new source performance standards and national emission standards for hazardous air 

pollutants. DENR will adopt these revisions into South Dakota's Air Pollution Control Program. 

EPA's inclusion of clean unit and pollution control project regulations in the prevention of significant 

deterioration program has been vacated and EPA has since removed these requirements from the federal 

regulations. Changes are proposed to revise South Dakota's state implementation plan (SIP) to remove 

references to clean units and pollution control projects. 

On March 12, 2013, the Governor of South Dakota signed house bill 1059 titled "An Act to repeal and revise 

certain obsolete and unnecessary statures and rules relating to the Department of Environment and Natural 

Resources". This Act repealed the authority associated with"variances". Changes are proposed to delete the 

reference to the "variance" state authority from the regulations. 

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

rules that protect the environment and allow businesses the freedom to be competitive. I have enclosed a copy 

of the proposed revisions for your review and comments. Please note that words that have overstrikes represent 

deletions and bold and underline words represent additions. Please send your comments on the draft to the 

following address by April 17, 2013: 

1 
Marlys Heidt 

South Dakota Department of Environment and Natural Resources 

PMB 2020, Air Quality Program 

523 E. Capitol, Joe Foss Building 

Pierre, SD 5750 l 

Comments may also be submitted by email to marlys.heidt@state.sd.us. 

DENR plans to publish a formal public notice in late April or early May 2013, announcing a rule hearing in 

front of the Board of Minerals and Environment. If you have any questions, please contact me at (605) 773-

3151. Thank you for assisting us in this rule making process. 

Sincerely, 

Marlys Heidt 

Engineer III 

Air Quality Program 

Enclosure 

2 
Heidt, Marlys 

From: 

Sent: 

To: 

Subject: 

Attachments: 

April3, 2013 

Dana Loseke 

Heidt, Marlys 

Wednesday, April 03, 2013 11:40 AM 

'eastrivergroupsierraclub@gmail.com' 

SD Air Quality Rule Revisions 

Draft_rules_20130401.pdf 

South Dakota Sierra Club - East River Group 

Dear Ms. Loseke: 

The South Dakota Department of Environment and Natural Resources (DENR) is obligated by an agreement 

with the federal Environmental Protection Agency (EPA) to periodically adopt new federal regulations. 

Therefore, DENR is proposing revisions to the Administrative Rules of South Dakota (ARSD) Article 74:36-

Air Pollution Control Program. 

EPA has promulgated several new regulations and revised existing regulations that affect South Dakota since 

DENR last revised ARSD 74:36 in June 2010. Examples of new regulations that will be adopted into South 

Dakota's Air Pollution Control Program include: 

');> National emission standards for coal- and oil-fired electric utility steam generating units 

');> National emission standards for chemical manufacturing area sources 

');> National emission standards for industrial, conunercial, and institutional boilers area sources 

');> National emission standards for gold mine ore processing and production area sources 

');> Standards of performance for new sewage sludge incineration units 

EPA has revised its new source performance standards and national emission standards for hazardous air 

pollutants. DENR will adopt these revisions into South Dakota's Air Pollution Control Program. 

EPA's inclusion of clean unit and pollution control project regulations in the prevention of significant 

deterioration program has been vacated and EPA has since removed these requirements from the federal 

regulations. Changes are proposed to revise South Dakota's state implementation plan (SIP) to remove 

references to clean units and pollution control projects. 

On March 12, 2013, the Governor of South Dakota signed house bill 1059 titled "An Act to repeal and revise 

certain obsolete and unnecessary statures and rules relating to the Department of Environment and Natural 

Resources". This Act repealed the authority associated with"variances". Changes are proposed to delete the 

reference to the "variance" state authority from the regulations. 

DENR is conunitted to working with citizens, industry, and other interested organizations to develop workable 

rules that protect the environment and allow businesses the freedom to be competitive. I have enclosed a copy 

of the proposed revisions for your review and conunents. Please note that words that have overstrikes represent 

1 
deletions and bold and underline words represent additions. Please send your comments on the draft to the 

following address by Aprill7, 2013: 

Marlys Heidt 

South Dakota Department of Environment and Natural Resources 

PMB 2020, Air Quality Program 

523 E. Capitol, Joe Foss Building 

Pierre, SD 57501 

Comments may also be submitted by email to marlys.heidt@state.sd.us. 

DENR plans to publish a formal public notice in late April or early May 2013, announcing a rule hearing in 

front of the Board of Minerals and Environment. If you have any questions, please contact me at (605) 773-

3151. Thank you for assisting us in this rule making process. 

Sincerely, 

Marlys Heidt 

Engineer III 

Air Quality Program 

Enclosure 

2 
Heidt, Marlys 

From: 

Sent: 

To: , 

Subject: 

Attachments: 

April 2, 2013 

Danielle Wiebers 

Pete Lien and Sons Inc. 

Dear Ms. Wiebers: 

Heidt, Marlys 

Wednesday, April 03, 2013 11:49 AM 

'dWiebers@petelien.com' 

SD Air Quality Rule Revisions 

Draft_rules_20130401.pdf 

The South Dakota Department ofEnviromnent and Natural Resources (DENR) is obligated by an agreement 

with the federal Environmental Protection Agency (EPA) to periodically adopt new federal regulations. 

Therefore, DENR is proposing revisions to the Administrative Rules of South Dakota (ARSD) Article 74:36-

Air Pollution Control Program. 

EPA has promulgated several new regulations and revised existing regulations that affect South Dakota since 

DENR last revised ARSD 74:36 in June 2010. Examples of new regulations that will be adopted into South 

Dakota's Air Pollution Control Program include: 

~ National emission standards for coal- and oil-fired electric utility steam generating units 

~ National emission standards for chemical manufacturing area sources 

~ National emission standards for industrial, commercial, and institutional boilers area sources 

~ National emission standards for gold mine ore processing and production area sources 

~ Standards of performance for new sewage sludge incineration units 

EPA has revised its new source performance standards and national emission standards for hazardous air 

pollutants. DENR will adopt these revisions into South Dakota's Air Pollution Control Program. 

EPA's inclusion of clean unit and pollution control project regulations in the prevention of significant 

deterioration program has been vacated and EPA has since removed these requirements from the federal 

regulations. Changes are proposed to revise South Dakota's state implementation plan (SIP) to remove 

references to clean units and pollution control projects. 

On March 12, 2013, the Governor of South Dakota signed house bill 1059 titled "An Act to repeal and revise 

certain obsolete and unnecessary statures and rules relating to the Department of Environment and Natural 

Resources". This Act repealed the authority associated with"variances". Changes are proposed to delete the 

reference to the "variance" state authority from the regulations. 

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

rules that protect the environment and allow businesses the freedom to be competitive. I have enclosed a copy 

of the proposed revisions for your review and comments. Please note that words that have overstrikes represent 

deletions and bold and underline words represent additions. Please send your comments on the draft to the 

following address by April17, 2013: 

1 
Marlys Heidt 

South Dakota Department of Environment and Natural Resources 

PMB 2020, Air Quality Program 

523 E. Capitol, Joe Foss Building 

Pierre, SD 57501 

Comments may also be submitted by email to marlys.heidt@state.sd.us. 

DENR plans to publish a formal public notice in late April or early May 2013, announcing a rule hearing in 

front of the Board of Minerals and Environment. If you have any questions, please contact me at (605) 773-

3151. Thank you for assisting us in this rule making process. 

Sincerely, 

Marlys Heidt 

Engineer III 

Air Quality Program 

Enclosure 

2 
Heidt, Marlys 

From: 

Sent: 

To: 

Subject: 

Attachments: 

April 2, 2013 

Ryan Joens 

Design Tanks LLC 

Dear Mr. Joens: 

Heidt, Marlys 

Wednesday, April 03, 2013 11:54 AM 

'rjoens@designtanks.com' 

SD Air Quality Rule Revisions 

Draft_rules_2013040l.pdf 

The South Dakota Department of Environment and Natural Resources (DENR) is obligated by an agreement 

with the federal Environmental Protection Agency (EPA) to periodically adopt new federal regulations. 

Therefore, DENR is proposing revisions to the Administrative Rules of South Dakota (ARSD) Article 74:36-

Air Pollution Control Program. 

EPA has promulgated several new regulations and revised existing regulations that affect South Dakota since 

DENR last revised ARSD 74:36 in June 2010. Examples of new regulations that will be adopted into South 

Dakota's Air Pollution Control Program include: 

~ National emission standards for coal- and oil-fired electric utility steam generating units 

~ National emission standards for chemical manufacturing area sources 

~ National emission standards for industrial, commercial, and institutional boilers area sources 

~ National emission standards for gold mine ore processing and production area sources 

~ Standards of performance for new sewage sludge incineration units 

EPA has revised its new source performance standards and national emission standards for hazardous air 

pollutants. DENR will adopt these revisions into South Dakota's Air Pollution Control Program. 

EPA's inclusion of clean unit and pollution control project regulations in the prevention of significant 

deterioration program has been vacated and EPA has since removed these reqllirements from the federal 

regulations. Changes are proposed to revise South Dakota's state implementation plan (SIP) to remove 

references to clean units and pollution control projects. 

On March 12, 2013, the Governor of South Dakota signed house bill! 059 titled "An Act to repeal and revise 

certain obsolete and unnecessary statures and rules relating to the Department of Environment and Natural 

Resources". This Act repealed the authority associated with"variances". Changes are proposed to delete the 

reference to the "variance" state authority from the regulations. 

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

rules that protect the environment and aliow businesses the freedom to be competitive. I have enclosed a copy 

of the proposed revisions for your review and comments. Please note that words that have overstrikes represent 

deletions and bold and underline words represent additions. Please send your comments on the draft to the 

following address by Aprill7, 2013: 

1 
Marlys Heidt 

South Dakota Department of Environment and Natural Resources 

PMB 2020, Air Quality Program 

523 E. Capitol, Joe Foss Building 

Pierre, SD 57501 

Comments may also be submitted by email to marlys.heidt@state.sd.us. 

DENR plans to publish a formal public notice in late April or early May 2013, announcing a rule hearing in 

front of the Board of Minerals and Environment. If you have any questions, please contact me at (605) 773-

3151. Thank you for assisting us in this rule making process. 

Sincerely, 

Marlys Heidt 

Engineer III 

Air Quality Program 

Enclosure 

2 
Heidt, Marlys 

From: 

Sent: 

To: 

Subject: 

Attachments: 

April 2, 2013 

Dennis Wagner 

North Western Energy 

Dear Mr. Wagner: 

Heidt, Marlys 

Wednesday, April 03, 2013 1:59 PM 

dennis.wagner@northwestern.com 

SD Air Quality Rules Revision 

Draft_rules_20130401.pdf 

The South Dakota Department of Environment and Natural Resources (DENR) is obligated by an agreement 

with the federal Environmental Protection Agency (EPA) to periodically adopt new federal regulations. 

Therefore, DENR is proposing revisions to the Administrative Rules of South Dakota (ARSD) Article 74:36-

Air Pollution Control Program. 

EPA has promulgated several new regulations and revised existing regulations that affect South Dakota since 

DENR last revised ARSD 74:36 in June 2010. Examples of new regulations that will be adopted into South 

Dakota's Air Pollution Control Program include: 

>- National emission standards for coal- and oil-fired electric utility steam generating units 

>- National emission standards for chemical manufacturing area sources 

>- National emission standards for industrial, commercial, and institutional boilers area sources 

>- National emission standards for gold mine ore processing and production area sources 

>- Standards of performance for new sewage sludge incineration units 

EPA has revised its new source performance standards and national emission standards for hazardous air 

pollutants. DENR will adopt these revisions into South Dakota's Air Pollution Control Program. 

EPA's inclusion of clean unit and pollution control project regulations in the prevention of significant 

deterioration program has been vacated and EPA has since removed these requirements from the federal 

regulations. Changes are proposed to revise South Dakota's state implementation plan (SIP) to remove 

references to clean units and pollution control projects. 

On March 12,2013, the Governor of South Dakota signed house billl059 titled "An Act to repeal and revise 

certain obsolete and unnecessary statures and rules relating to the Department of Environment and Natural 

Resources". This Act repealed the authority associated with"variances". Changes are proposed to delete the 

reference to the "variance" state authority from the regulations. 

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

rules that protect the environment and allow businesses the freedom to be competitive. I have enclosed a copy 

of the proposed revisions for your review and comments. Please note that words that have overstrikes represent 

deletions and bold and underline words represent additions. Please send your comments on the draft to the 

following address by Aprill7, 2013: 

1 
Marlys Heidt 

South Dakota Department of Environment and Natural Resources 

PMB 2020, Air Quality Program 

523 E. Capitol, Joe Foss Building 

Pierre, SD 57501 

Comments may also be submitted by email to marlys.heidt@state.sd.us. 

DENR plans to publish a formal public notice in late April or early May 2013, announcing a rule hearing in 

front of the Board of Minerals and Environment. If you have any questions, please contact me at (605) 773-

3151. Thank you for assisting us in this rule making process. 

Sincerely, 

Marlys Heidt 

Engineer III 

Air Quality Program 

Enclosure 

2 
Heidt, Marlys 

From: 

Sent: 

To: 

Subject: 

Attachments: 

April 2, 20 13 

Gene Nelson 

GCC Dacotah Inc. 

Dear Mr.Nelson: 

Heidt, Marlys 

Wednesday, April 03, 2013 2:02 PM 

'gnelson@gcc.com' 

SD Air Quality Rule Revisions 

Draft_rules_20130401.pdf 

The South Dakota Department of Environment and Natural Resources (DENR) is obligated by an agreement 

with the federal Environmental Protection Agency (EPA) to periodically adopt new federal regulations. 

Therefore, DENR is proposing revisions to the Administrative Rules of South Dakota (ARSD) Article 74:36-

Air Pollution Control Program. 

EPA has promulgated several new regulations and revised existing regulations that affect South Dakota since 

DENR last revised ARSD 74:36 in June 2010. Examples of new regulations that will be adopted into South 

Dakota's Air Pollution Control Program include: 

~ National emission standards for coal- and oil-fired electric utility steam generating units 

~ National emission standards for chemical manufacturing area sources 

~ National emission standards for industrial, commercial, and institutional boilers area sources 

~ National emission standards for gold mine ore processing and production area sources 

~ Standards of performance for new sewage sludge incineration units 

EPA has revised its new source performance standards and national emission standards for hazardous air 

pollutants. DENR will adopt these revisions into South Dakota's Air Pollution Control Program. 

EPA's inclusion of clean unit and pollution control project regulations in the prevention of significant 

deterioration program has been vacated and EPA has since removed these requirements from the federal 

regulations. Changes are proposed to revise South Dakota's state implementation plan (SIP) to remove 

references to clean units and pollution control projects. 

On March 12, 2013, the Governor of South Dakota signed house billl059 titled "An Act to repeal and revise 

certain obsolete and unnecessary statures and rules relating to the Department of Environment and Natural 

Resources". This Act repealed the authority associated with"variances". Changes are proposed to delete the 

reference to the "variance" state authority from the regulations. 

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

rules that protect the environment and allow businesses the freedom to be competitive. I have enclosed a copy 

of the proposed revisions for your review and comments. Please note that words that have overstrikes represent 

deletions and bold and underline words represent additions. Please send your comments on the draft to the 

following address by April!?, 2013: 

1 
Marlys Heidt 

South Dakota Department of Environment and Natural Resources 

PMB 2020, Air Quality Program 

523 E. Capitol, Joe Foss Building 

Pierre, SD 57501 

Comments may also be submitted by email to marlys.heidt@state.sd.us. 

DENR plans to publish a formal public notice in late April or early May 2013, announcing a rule hearing in 

front of the Board of Minerals and Environment. If you have any questions, please contact me at (605) 773-

3151. Thank you for assisting us in this rule making process. 

Sincerely, 

Marlys Heidt 

Engineer III 

Air Quality Program 

Enclosure 

2 
Heidt, Marlys 

From: 

Sent: 

To: 

Subject: 

Attachments: 

April3, 2013 

Jim Anderson 

GCC Dacotah Inc. 

Dear Mr. Anderson: 

Heidt, Marlys 

Wednesday, April 03, 2013 2:05 PM 

janderson@gcc.com' 

SD Air Quality Rule Revisions 

Draft_rules_2013040l.pdf 

The South Dakota Department of Environment and Natural Resources (DENR) is obligated by an agreement 

with the federal Environmental Protection Agency (EPA) to periodically adopt new federal regulations. 

Therefore, DENR is proposing revisions to the Administrative Rules of South Dakota (ARSD) Article 74:36-

Air Pollution Control Program. 

EPA has promulgated several new regulations and revised existing regulations that affect South Dakota since 

DENR last revised ARSD 74:36 in June 2010. Examples of new regulations that will be adopted into South 

Dakota's Air Pollution Control Program include: 

);> National emission standards for coal- and oil-fired electric utility steam generating units 

);> National emission standards for chemical manufacturing area sources 

);> National emission standards for industrial, commercial, and institutional boilers area sources 

);> National emission standards for gold mine ore processing and production area sources 

);> Standards of performance for new sewage sludge incineration units 

EPA has revised its new source performance standards and national emission standards for hazardous air 

pollutants. DENR will adopt these revisions into South Dakota's Air Pollution Control Program. 

EPA's inclusion of clean unit and pollution control project regulations in the prevention of significant 

deterioration program has been vacated and EPA has since removed these requirements from the federal 

regulations. Changes are proposed to revise South Dakota's state implementation plan (SIP) to remove 

references to clean units and pollution control projects. 

On March 12, 2013, the Governor of South Dakota signed house bill 1059 titled "An Act to repeal and revise 

certain obsolete and unnecessary statures and rules relating to the Department of Environment and Natural 

Resources". This Act repealed the authority associated with"variances". Changes are proposed to delete the 

reference to the "variance" state authority from the regulations. 

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

rules that protect the environment and allow businesses the freedom to be competitive. I have enclosed a copy 

of the proposed revisions for your review and comments. Please note that words that have ·overstrikes represent 

deletions and bold and underline words represent additions. Please send your comments on the draft to the 

following address by Aprill7, 2013: 

1 
Marlys Heidt 

South Dakota Department of Environment and Natural Resources 

PMB 2020, Air Quality Program 

523 E. Capitol, Joe Foss Building 

Pierre, SD 57501 

Comments may also be submitted by email to marlys.heidt@state.sd.us. 

DENR plans to publish a formal public notice in late April or early May 2013, armouncing a rule hearing in 

front of the Board of Minerals and Environment. If you have any questions, please contact me at (605) 773-

3151. Thank you for assisting us in this rule making process. 

Sincerely, 

Marlys Heidt 

Engineer III 

Air Quality Program 

Enclosure 

2 
Heidt, Marlys 

From: 

Sent: 

To: 

Subject: 

Attachments: 

April 3, 2013 

Greg DeRynck 

Heidt, Marlys 

Wednesday, April 03, 2013 2:18 PM 

'greg.derynk@sdsbp.com' 

SD Air Quality Rule Revisions 

Draft_rules_2013040l.pdf 

South Dakota Soybean Processors 

Dear Mr. DeRynck: 

The South Dakota Department of Environment and Natural Resources (DENR) is obligated by an agreement 

with the federal Environmental Protection Agency (EPA) to periodically adopt new federal regulations. 

Therefore, DENR is proposing revisions to the Administrative Rules of South Dakota (ARSD) Article 74:36-

Air Pollution Control Program. 

EPA has promulgated several new regulations and revised existing regulations that affect South Dakota since 

DENR last revised ARSD 74:36 in June 2010. Examples of new regulations that wiii be adopted into South 

Dakota's Air Pollution Control Program include: 

> National emission standards for coal- and oil-fired electric utility steam generating units 

> National emission standards for chemical manufacturing area sources 

> National emission standards for industrial, commercial, and institutional boilers area sources 

> National emission standards for gold mine ore processing and production area sources 

> Standards of performance for new sewage sludge incineration units 

EPA has revised its new source performance standards and national emission standards for hazardous air 

pollutants. DENR will adopt these revisions into South Dakota's Air Pollution Control Program. 

EPA's inclusion of clean unit and pollution control project regulations in the prevention of significant 

deterioration program has been vacated and EPA has since removed these requirements from the federal 

regulations. Changes are proposed to revise South Dakota's state implementation plan (SIP) to remove 

references to clean units and pollution control projects. 

On March 12, 2013, the Governor of South Dakota signed house bill 1059 titled "An Act to repeal and revise 

certain obsolete and unnecessary statures and rules relating to the Department of Environment and Natural 

Resources". This Act repealed the authority associated with"variances". Changes are proposed to delete the 

reference to the "variance" state authority from the regulations. · 

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

rules that protect the environment and allow businesses the freedom to be competitive. I have enclosed a copy 

of the proposed revisions for your review and comments. Please note that words that have overstrikes represent 

deletions and bold and underline words represent additions. Please send your comments on the draft to the 

following address by April 17, 20 13: 

1 
Marlys Heidt 

South Dakota Department of Environment and Natural Resources 

PMB 2020, Air Quality Program 

523 E. Capitol, Joe Foss Building 

Pierre, SD 57501 

Comments may also be submitted by email to marlys.heidt@state.sd.us. 

DENR plans to publish a formal public notice in late April or early May 2013, announcing a rule hearing in 

front of the Board of Minerals and Environment. If you have any questions, please contact me at (605) 773-

3151. Thank you for assisting us in this rule making process. 

Sincerely, 

Marlys Heidt 

Engineer III 

Air Quality Program 

Enclosure 

2 
Heidt, Marlys 

From: 

Sent: 

To: 

Subject: 

Attachments: 

April 3, 2013 

Ray Sowers 

Heidt, Marlys 

Wednesday, April 03, 2013 3:15 PM 

Sowers, Ray 

SD Air Quality Rule Revisions 

Draft_rules_2013040l.pdf 

SD Division of Resource Conservation and Forestry 

Dear Mr. Sowers: 

The South Dakota Department of Environment and Natural Resources (DENR) is obligated by an agreement 

with the federal Environmental Protection Agency (EPA) to periodically adopt new federal regulations. 

Therefore, DENR is proposing revisions to the Administrative Rules of South Dakota (ARSD) Article 74:36 ~ 

Air Pollution Control Program. 

EPA has promulgated several new regulations and revised existing regulations that affect South Dakota since 

DENR last revised ARSD 74:36 in June 2010. Examples of new regulations that will be adopted into South 

Dakota's Air Pollution Control Program include: 

~ National emission standards for coal- and oil-fired electric utility steam generating units 

~ National emission standards for chemical manufacturing area sources 

~ National emission standards for industrial, commercial, and institutional boilers area sources 

~ National emission standards for gold mine ore processing and production area sources 

~ Standards of performance for new sewage sludge incineration units 

EPA has revised its new source performance standards and national emission standards for hazardous air 

pollutants. DENR will adopt these revisions into South Dakota's Air Pollution Control Program. 

EPA's inclusion of clean unit and pollution control project regulations in the prevention of significant 

deterioration program has been vacated and EPA has since removed these requirements from the federal 

regulations. Changes are proposed to revise South Dakota's state implementation plan (SIP) to remove 

references to clean units and pollution control projects. 

On March 12, 2013, the Governor of South Dakota signed house bill I 059 titled "An Act to repeal and revise 

certain obsolete and urrnecessary statures and rules relating to the Department of Environment and Natural 

Resources". This Act repealed the authority associated with"variances". Changes are proposed to delete the 

reference to the "variance" state authority from the regulations. 

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

rules that protect the environment and allow businesses the freedom to be competitive. I have enclosed a copy 

of the proposed revisions for your review and comments. Please note that words that have overstrikes represent 

deletions and bold and underline words represent additions. Please send your comments on the draft to the 

following address by April 17, 2013: 

1 
Marlys Heidt 

South Dakota Department ofEnviroument and Natural Resources 

PMB 2020, Air Quality Program 

523 E. Capitol, Joe Foss Building 

Pierre, SD 57501 

Comments may also be submitted by email to marlys.heidt@state.sd.us. 

DENR plans to publish a formal public notice in late April or early May 2013, anuouucing a rule hearing in 

front of the Board of Minerals and Enviroument. If you have any questions, please contact me at (605) 773-

3151. Thank you for assisting us in this rule making process. 

Sincerely, 

Marlys Heidt 

Engineer III 

Air Quality Program 

Enclosure 

2 
Heidt, Marlys 

From: 

Sent: 

To: 

Subject: 

Attachments: 

April 2, 2013 

Tim Rogers 

Black Hills Corporation 

Dear Mr. Rogers: 

Heidt, Marlys 

Tuesday, April 09, 2013 2:30 PM 

'Tim.Rogers@blackhillscorp.com' 

SD Air Quality Rule Revisions 

Draft_rules_2013040l.pdf 

The South Dakota Department of Environment and Natural Resources (DENR) is obligated by an agreement 

with the federal Environmental Protection Agency (EPA) to periodically adopt new federal regulations. 

Therefore, DENR is proposing revisions to the Administrative Rules of South Dakota (ARSD) Article 74:36-

Air Pollution Control Program. 

EPA has promulgated several new regulations and revised existing regulations that affect South Dakota since 

DENR last revised ARSD 74:36 in June 2010. Examples of new regulations that will be adopted into South 

Dakota's Air Pollution Control Program include: 

:» National emission standards for coal- and oil-fired electric utility steam generating units 

:» National emission standards for chemical manufacturing area sources 

:» National emission standards for industrial, commercial, and institutional boilers area sources 

:» National emission standards for gold mine ore processing and production area sources 

:» Standards of performance for new sewage sludge incineration units 

EPA has revised its new source performance standards and national emission standards for hazardous air 

pollutants. DENR will adopt these revisions into South Dakota's Air Pollution Control Program. 

EPA's inclusion of clean unit and pollution control project regulations in the prevention of significant 

deterioration program has been vacated and EPA has since removed these requirements from the federal 

regulations. Changes are proposed to revise South Dakota's state implementation plan (SIP) to remove 

references to clean units and pollution control projects. 

On March 12, 2013, the Governor of South Dakota signed house bill1059 titled "An Act to repeal and revise 

certain obsolete and unnecessary statures and rules relating to the Department of Environment and Natural 

Resources". This Act repealed the authority associated with"variances". Changes are proposed to delete the 

reference to the "variance" state authority from the regulations. 

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

rules that protect the environment and allowbusinesses the freedom to be competitive. I have enclosed a copy 

of the proposed revisions for your review and comments. Please note that words that have overstrikes represent 

deletions and bold and underline words represent additions. Please send your comments on the draft to the 

following address by April 17, 2013: 

1 
Marlys Heidt 

South Dakota Department of Environment and Natural Resources 

PMB 2020, Air Quality Program 

523 E. Capitol, Joe Foss Building 

Pierre, SD 57501 

Comments may also be submitted by email to marlys.heidt@state.sd.us. 

DENR plans to publish a formal public notice in late April or early May 2013, announcing a rule hearing in 

front of the Board of Minerals and Envirorunent. If you have any questions, please contact me at (605) 773-

3151. Thank you for assisting us in this rule making process. 

Sincerely, 

Marlys Heidt 

Engineer III 

Air Quality Program 

Enclosure 

2 
Heidt, Marlys 

From: 

Sent: 

To: 

Subject: 

Attachments: 

April 3, 2013 

Pete Bendix 

N orcraft Companies 

Dear Mr. Bendix: 

Heidt, Marlys 

Wednesday, April 03, 2013 3:24 PM 

'pbendix@smihq.com' 

SD Air Quality Rule Revisions 

Draft_rules_2013040Lpdf 

The South Dakota Department of Environment and Natural Resources (DENR) is obligated by an agreement 

with the federal Environmental Protection Agency (EPA) to periodically adopt new federal regulations. 

Therefore, DENR is proposing revisions to the Administrative Rules of South Dakota (ARSD) Article 74:36-

Air Pollution Control Program. 

EPA has promulgated several new regulations and revised existing regulations that affect South Dakota since 

DENR last revised ARSD 74:36 in June 2010. Examples of new regulations that will be adopted into South 

Dakota's Air Pollution Control Program include: 

>- National emission standards for coal- and oil-fired electric utility steam generating units 

>- National emission standards for chemical manufacturing area sources 

> National emission standards for industrial, commercial, and institutional boilers area sources 

)> National emission standards for gold mine ore processing and production area sources 

> Standards of performance for new sewage sludge incineration units 

EPA has revised its new source performance standards and national emission standards for hazardous air 

pollutants. DENR will adopt these revisions into South Dakota's Air Pollution Control Program. 

EPA's inclusion of clean unit and pollution control project regulations in the prevention of significant 

deterioration program has been vacated and EPA has since removed these requirements from the federal 

regulations. Changes are proposed to revise South Dakota's state implementation plan (SIP) to remove 

references to clean units and pollution control projects. 

On March 12, 20 13, the Governor of South Dakota signed house bill I 059 titled "An Act to repeal and revise 

certain obsolete and unnecessary statures and rules relating to the Department of Environment and Natural 

Resources". This Act repealed the authority associated with"variances". Changes are proposed to delete the 

reference to the "variance" state authority from the regulations. 

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

rules that protect the environment and allow businesses the freedom to be competitive. I have enclosed a copy 

of the proposed revisions for your review and comments. Please note that words that have overstrikes represent 

deletions and bold and underline words represent additions. Please send your comments on the draft to the 

following address by Aprill7, 2013: 

1 
Marlys Heidt 

South Dakota Department of Environment and Natural Resources 

PMB 2020, Air Quality Program 

523 E. Capitol, Joe Foss Building 

Pierre, SD 57501 

Comments may also be submitted by email to marlys.heidt@state.sd.us. 

DENR plans to publish a formal public notice in late April or early May 2013, announcing a rule hearing in 

front of the Board of Minerals and Envirornnent. If you have any questions, please contact me at (605) 773-

3151. Thank you for assisting us in this rule making process. 

Sincerely, 

Marlys Heidt 

Engineer III 

Air Quality Program 

Enclosure 

2 
April 2, 2013 

Vidal Davilla 

Park Superintendent 

Wind Cave National Park 

26611 US Highway 385 . 

Hot Springs, SD 57747-9430 

Dear Mr. Davilla: 

DEPARTMENT of ENVIROI\IMEIIIT 

and NATURAl RESOURCES 

PMB 2020 

JOE FOSS BUILDING 

523 EAST CAPITOL 

PIERRE, SOUTH DAKOTA 57501-3182 

denr.sd.gov 

The South Dakota Department of Environment and Natural Resources (DENR) is obligated by 

an agreement with the federal Environmental Protection Agency (EPA) to periodically adopt 

new federal regulations. Therefore, DENR is proposing revisions to the Administrative Rules of 

South Dakota (ARSD) Article 74:36- Air Pollution Control Program. 

EPA has promulgated several new regulations and revised existing regulations that affect South 

Dakota since DENR last revised ARSD 74:36 in June 2010. Examples of new regulations that 

. will be adopted into South Dakota's Air Pollution Control Program include: 

~ National emission standards for coal- and oil-fired electric utility steam generating units 

~ National emission standards for chemical manufacturing area sources 

~ National emission standards for industrial, commercial, and institutional boilers area 

sources 

~ National emission standards for gold mine ore processing and production area sources 

~ Standards of performance for new sewage sludge incineration units 

EPA has revised its new source performance standards and national emission standards for 

hazardous air pollutants. DENR will adopt these revisions into South Dakota's Air Pollution 

Control Program. 

EPA's inclusion of clean unit and pollution control project regulations in the prevention of 

significant deterioration program has been vacated and EPA has since removed these 

requirements from the federal regulations. Changes are proposed to revise South Dakota's state 

implementation plan (SIP) to remove references to clean units and pollution control projects. 

On March 12, 2013, the Governor of South Dakota signed house bill 1059 titled "An Actto 

repeal and revise certain obsolete and unnecessary statures and rules relating to the Department 

ofEnviroruuent and Natural Resources". This Act repealed the aut.~ority associated 
with"variances". Changes are proposed to delete the reference to the "variance" state authority 

from the regulations. 

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

develop workable rules that protect the environment and allow businesses the freedom to be 

competitive. I have enclosed a copy of the proposed revisions for your review and comments. 

Please note that words that have overstrikes represent deletions and bold and underline words 

represent additions. Please send your comments on the draft to the following address by April 

17,2013: 

Marlys Heidt 

South Dakota Department of Environment and Natural Resources 

PMB 2020, Air Quality Program 

523 E. Capitol, Joe Foss Building 

Pierre, SD 57501 

Comments may also be submitted by email to marlys.heidt@state.sd.us. 

DENR plans to publish a formal public notice in late April or early May 2013, announcing a rule 

hearing in front of the Board of Minerals and Environment. If you have any questions, please 

contact me at (605) 773-3151. Thank you for assisting us in this rule making process. 

Sincerely, 

~~~ 

Marlys Heidt 

Engineer III 

Air Quality Program 

Enclosure 
April 2, 20 13 

Jean Snyders 

American Lung Association·of South Dakota 

401 E. gth Street Suite 205 

Sioux Falls, SD 5710 

Dear Ms. Snyders: 

DEPARTMENT of ENVIRONMENT 

and NATURAL RESOURCES 

PMB 2020 

JOE FOSS BUILDING 

523 EAST CAPITOL 

PIERRE, SOUTH DAKOTA 57501-3182 

denr.sd.gov 

The South Dakota Department of Environment and Natural Resources (DENR) is obligated by 

an agreement with the federal Environmental Protection Agency (EPA) to periodically adopt 

new federal regulations. Therefore, DENR is proposing revisions to the Administrative Rules of 

South Dakota (ARSD) Article 74:36 ~Air Pollution Control Program. 

EPA has promulgated several new regulations and revised existing regulations that affect South 

Dakota since DENR last revised ARSD 74:36 in June 2010. Examples of new regulations that 

will be adopted into South Dakota's Air Pollution Control Program include: 

:.» National emission standards for coal- and oil-fired electric utility steam generating units 

:.» National emission standards for chemical manufacturing area sources 

:.» National emission standards for industrial, commercial, and institutional boilers area 

sources 

:.» National emission standards for gold mine ore processing and production area sources 

:.» Standards of performance for new sewage sludge incineration units 

EPA has revised its new source performance standards and national emission standards for 

hazardous air pollutants. DENR will adopt these revisions into South Dakota's Air Pollution 

Control Program. 

EPA's inclusion of clean unit and pollution control project regulations in the prevention of 

significant deterioration program has been vacated and EPA has since removed these 

requirements from the federal regulations. Changes are proposed to revise South Dakota's state 

implementation plan (SIP) to remove references to clean units and pollution control projects. 

On March 12, 2013, the Governor of South Dakota signed house bill! 059 titled "An Act to 

repeal and revise certain obsolete and urmecessary statures and rules relating to the Department 

of Environment and Natural Resources". This Act repealed the authority associated 

with"variances". Cha..nges are proposed to delete the reference to the "variance" state authority 

from the regulations. 
DENR is committed to working with citizens, industry, and other interested organizations to 

develop workable rules that protect the environment and allow businesses the freedom to be 

comj'letitive. I have enclosed a copy of the proposed revisions for your review and comments. 

Please note that words that have overstrikes represent deletions and bold and underline words 

represent additions. Please send your comments on the draft to the following address by April 

17,2013: 

Marlys Heidt 

South Dakota Department of Environment and Natural Resources 

PMB 2020, Air Quality Program 

523 E. Capitol, Joe Foss Building 

Pierre, SD 57501 

Comments may also be submitted by email to marlys.heidtialstate.sd.us. 

DENR plans to publish a formal public notice in late April or early May 2013, announcing a rule 

hearing in front of the Board of Minerals and Environment. If you have any questions, please 

contact me at (605) 773-3151. Thank you for assisting us in this rule making process. 

Sincerely, 

Marlys Heidt 

Engineer III 

Air Quality Program 

Enclosure 
April 2, 20 13 

Rebecca Cradduck 

Vice President 

SD Association ofHealthcare Organizations 

3 708 Brook Place Suite 1 

Sioux Falls, SD 57106 

Dear Ms. Cradduck: 

DEPARTMENT of ENVIRONMENT 

ami NATURAL RESOURCES 

PMB 2020 

JOE FOSS BUILDING 

523 EAST CAPITOL 

PIERRE, SOUTH DAKOTA 57501-3182 

denr.sd.gov 

The South Dakota Department of Environment and Natural Resources (DENR) is obligated by 

an agreement with the federal Environmental Protection Agency (EPA) to periodically adopt 

new federal regulations. Therefore, DENR is proposing revisions to the Administrative Rules of 

South Dakota (ARSD) Article 74:36- Air Pollution Control Program. 

EPA has promulgated several new regulations and revised existing regulations that affect South 

Dakota since DENR last revised ARSD 74:36 in June 2010. Examples of new regulations that 

will be adopted into South Dakota's Air Pollution Control Program include: 

>- National emission standards for coal- and oil-fired electric utility steam generating units 

>- National emission standards for chemical manufacturing area sources 

)> National emission standards for industrial, commercial, and institutional boilers area 

sources 

>- National emission standards for gold mine ore processing and production area sources 

)> Standards of performance for new sewage sludge incineration units 

EPA has revised its new source performance standards and national emission standards for 

hazardous air pollutants. DENR will adopt these revisions into South Dakota's Air Pollution 

Control Program. 

EPA's inclusion of clean unit and pollution control project regulations in the prevention of 

significant deterioration program has been vacated and EPA has since removed these 

requirements from the federal regulations. Changes are proposed to revise South Dakota's state 

implementation plan (SIP) to remove references to clean units and pollution control projects. 

On March 12, 2013, the Governor of South Dakota signed house billl059 titled "An Act to 

repeal and revise certain obsolete and unnecessary statures and rules relating to the Department 

of Environment and Natural Resources". This Act repealed the authority associated 
with"variances". Changes are proposed to delete the reference to the "variance" state authority 

from the regulations. 

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

develop workable rules that protect the environment and allow businesses the freedom to be 

competitive. I have enclosed a copy of the proposed revisions for your review and comments. 

Please note that words that have overstrikes represent deletions and bold and underline words 

represent additions. Please send your comments on the draft to the following address by April 

17,2013: 

Marlys Heidt 

South Dakota Department of Environment and Natural Resources 

PMB 2020, Air Quality Program 

523 E. Capitol, Joe Foss Building 

Pierre, SD 57501 

Comments may also be submitted by email to marlys.heidt@state.sd.us. 

DENR plans to publish a formal public notice in late April or early May 2013, announcing a rule 

hearing in front of the Board of Minerals and Environment. If you have any questions, please 

contact me at ( 605) 773-3151. Thank you for assisting us in this rule making process. 

Sincerely, 

Marlys Heidt 

Engineer III 

Air Quality Program 

Enclosure 
ARTICLE 74:36

AIR POLLUTION CONTROL PROGRAM

Chapter

74:36:01 Definitions.

74:36:02 Ambient air quality.

74:36:03 Air quality episodes.

74:36:04 Operating permits for minor sources.

74:36:05 Operating permits for Part 70 sources.

74:36:06 Regulated air pollutant emissions.

74:36:07 New source performance standards.

74:36:08 National emission standards for hazardous air pollutants.

74:36:09 Prevention of significant deterioration.

74:36:10 New source review.

74:36:11 Performance testing.

74:36:12 Control of visible emissions.

74:36:13 Continuous emission monitoring systems.

74:36:14 Variances, Repealed.

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

74:36:16 Acid rain program.

74:36:17 Rapid City street sanding and deicing.
74:36:18 Regulations for state facilities in the Rapid City area.

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

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

74:36:21 Regional haze program.

CHAPTER 74:36:01

DEFINITIONS

Section

74:36:01:01 Definitions.

74:36:01:02 Repealed.

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

74:36:01:04 Affected states defined.

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

74:36:01:06 Complete application defined.

74:36:01:07 Repealed.

74:36:01:08 Major source defined.

74:36:01:09 Categories of sources defined.

74:36:01:10 Modification defined.

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

74:36:01:12 Potential to emit defined.
74:36:01:13 Process weight rate defined.

74:36:01:14 Repealed.

74:36:01:15 Regulated air pollutant defined.

74:36:01:16 Responsible official defined.

74:36:01:17 Repealed.

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

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

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

74:36:01:21 Commenced construction defined.

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

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

(2) "Acid rain permit," a legally binding written document or portion of a document that is 

issued by the department and specifies the acid rain program requirements applicable to an 

affected source and to the owners and operators and the designated representative of the affected 

source;

(3) "Acid rain program," the national sulfur dioxide and nitrogen oxides air pollution 

control and emissions reduction program established in accordance with Title IV of the Clean 

Air Act;
(4) "Administrator," the administrator of the Environmental Protection Agency or the 

secretary or their authorized representatives;

(5) "Affected source," a source that includes one or more affected units under Title IV of 

the Clean Air Act;

(6) "Affected unit," a unit that is subject to any of the emission reduction requirements or 

emission limits pursuant to Title IV of the Clean Air Act or chapter 74:36:16;

(7) "Air pollutant," one or a combination of the regulated air pollutants listed in 

§ 74:36:01:15;

(8) "Allowable emissions," the emission rate calculated using the maximum rated capacity 

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

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

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

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

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

future compliance date;

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

(e) The applicable standards in 40 C.F.R. Part 60, 61, or 63 (July 1, 2009 July 1, 2012);
(9) "Ambient air," that portion of the atmosphere external to buildings to which the 

general public has access;

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

(11) "Board," the Board of Minerals and Environment;

(12) "Btu," British thermal unit;

(13) "CO," carbon monoxide;

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

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

January 1, 2010;

(16) "Clean Air Act Amendments," the amendments to the Clean Air Act enacted in Pub. 

L. No. 101-549, November 15, 1990;

(17) "Control equipment," a device which prevents or reduces emissions;
(18) "Criteria pollutant," selected and specified pollutants for which limiting ambient air 

quality standards have been set, including sulfur dioxides, particulate matter, carbon monoxide, 

ozone, nitrogen oxides, and lead;

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

(20) "Designated representative," the responsible person or official authorized by the 

owner or operator of an affected unit, in accordance with the Clean Air Act, to represent the 

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

allocated to the unit and the submission of and compliance with permits, permit applications, and 

compliance plans for the unit;

(21) "Draft permit," the version of a permit for which the department offers public 

participation or affected state review;

(22) "Emissions allowable under the permit," a federally enforceable permit term or 

condition determined at issuance to be required by an applicable requirement that establishes an 

emissions limit, including work practice standards, or a federally enforceable emissions cap that 

the source has assumed to avoid an applicable requirement to which the source would otherwise 

be subject;

(23) "Emission standard," the maximum amount of a pollutant legally permitted to be 

discharged from a single unit;
(24) "Emission unit," "Unit," any part or activity of a stationary source which emits or has 

the potential to emit a regulated air pollutant or any pollutant listed under section 112(b) of the 

Clean Air Act;

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

(26) "Equivalent method," any method of sampling and analysis for an air pollutant which 

has a consistent and quantitatively known relationship to the reference method under specified 

conditions;

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

(28) "Facility," a building, structure, or installation of pollutant-emitting activities which 

belong to the same industrial grouping, located on one or more contiguous or adjacent properties 

and under the control of the same person or of persons under common control, except the 

activities of a water-borne vessel. Pollutant-emitting activities are part of the same industrial 

grouping if they belong to the same major group, i.e., have the same two-digit code, as described 

in the Standard Industrial Classification Manual, 1987;

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

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

requirements developed pursuant to this article, those appearing in 40 C.F.R. §§ 60 and 61 (July 
1, 2009 July 1, 2012), requirements within the state implementation plan, and permit 

requirements established pursuant to this article or 40 C.F.R. § 51 Subpart I (July 1, 2009 July 1, 

2012). The use of this term does not impede the department's authority under state law to enforce 

these limits and conditions;

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

for a source that has completed all required review procedures;

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

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

producing heat or power by indirect heat transfer;

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

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

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

that may be made applicable to numerous similar sources;

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

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

designer's guaranteed maximum input, whichever is greater;
(35) "Incinerator," a furnace used to burn solid waste to reduce the volume of the waste by 

removing its combustible material;

(36) "Malfunction," any sudden and unavoidable failure of air pollution control equipment 

or process equipment or of a process to operate in a normal or usual manner, but not a failure 

caused entirely or in part by poor maintenance, careless operation, preventable equipment 

breakdown, or any other cause within the control of the owner or operator of the source;

(37) "Minor source," a source whose potential emissions of a criteria pollutant are less 

than 100 tons a year and which does not meet the definition of a Part 70 source;

(38) "New source," a source that has not been constructed and does not possess a permit or 

an approved state-issued variance;

(39) "Nonattainment area," an area that does not meet or that contributes to ambient air 

quality in a nearby area that does not meet the national primary or secondary ambient air quality 

standard for the pollutant;

(40) "NSR," new source review;

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

obscure the view of an object in the background;
(42) "Open burning," the burning of any matter in such a manner that the products of 

combustion resulting from the burning are emitted directly into the ambient air without passage 

through a stack, duct, or chimney;

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

the operation of a source;

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

source;

(45) Repealed;

(46) "Part 70 operating permit," any permit or group of permits covering a Part 70 source 

that is issued, renewed, amended, or revised;

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

(48) "Particulate matter," a broad class of chemically and physically diverse substances 

that exist as discrete particles, liquid droplets, or solids over a wide range of sizes;

(49) "Permit modification," a change to a source which operates under a minor source 

operating permit or Part 70 operating permit that meets the requirements of § 74:36:01:10;
(50) "Permit revision," a revision to a minor source operating permit or Part 70 operating 

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

amendment;

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

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

successor, representative, agent, or agency of the foregoing;

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

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

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

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

comments, including those from affected states;

(54) "PSD," prevention of significant deterioration;

(55) Repealed;

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

product or material;
(57) "Secretary," the secretary of the South Dakota Department of Environment and 

Natural Resources or an authorized representative;

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

or process for any purposes;

(59) "Smoke," small gas-borne particles resulting from incomplete combustion, consisting 

predominantly, but not exclusively, of carbon, ash, and other combustible material, that form a 

visible plume in the air;

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

Air Act;

(61) "Start-up," the setting into operation of any control equipment, process equipment, or 

process for any purpose;

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

maintenance of national ambient air quality standards;

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

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

protection;

(66) "Variance," a written authorization issued by the board to operate a minor source in 

an attainment area that is not in compliance with certain portions of the Act;

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

2009 July 1, 2012);

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

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

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

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

(70) "SO2," sulfur dioxide;

(71) "NO2," nitrogen dioxide;

(72) "Construction permit," a written authorization issued by the board or the secretary for 

the construction and operation of a new source or modification to an existing source; and
(73) "Subject to regulation," as defined in 40 CFR § 70.2 (July 1, 2009 July 1, 2012), as 

revised in publication 75 Fed. Reg. 31607 (June 3, 2010), in accordance with EPA requirements.

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

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

1981; 8 SDR 71, effective December 21, 1981; 10 SDR 68, effective January 5, 1984; 13 SDR 

129, 13 SDR 141, effective July 1, 1987; 14 SDR 72, effective November 24, 1987; 16 SDR 88, 

effective November 14, 1989; 17 SDR 170, effective May 13, 1991; transferred from 

§ 74:26:01:01, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 

SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999; 30 SDR 26, 

effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 

13, 2006; 36 SDR 207, effective June 28, 2010; 37 SDR 182, effective April 20, 2011.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6.

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

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

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

100012. Cost: $31.

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

of the Clean Air Act include all of the following as they apply to emissions units in a Part 70 

source, unless the context of the Clean Air Act requires otherwise:
(1) Any standard or other requirement provided for in the applicable implementation plan 

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

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

promulgated in Part 52 of 40 C.F.R. (July 1, 2009 July 1, 2012);

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

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

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

§ 111(d);

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

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

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

Air Act or the regulations promulgated under it;

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

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

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

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

§ 183(e) of the Clean Air Act;

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

Act;

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

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

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

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

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

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

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

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

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

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

June 13, 2006; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6.
74:36:01:20. Physical change in or change in the method of operation defined. A 

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

(1) Routine maintenance, repair, and replacement;

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

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

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

as in effect on January 1, 1993;

(3) Use of an alternative fuel because of an order or rule under § 125 of the Clean Air Act;

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

solid waste;

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

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

1975, pursuant to 40 C.F.R. § 52.21 (July 1, 2009 July 1, 2012), or under regulations approved 

pursuant to 40 C.F.R. Part 51, Subpart I, or 40 C.F.R. § 51.166 (July 1, 2009 July 1, 2012);

(6) Any change of ownership at a source;
(7) The use of an alternative fuel or raw material by a source which the source was 

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

federally enforceable permit condition which was established after January 6, 1975, pursuant to 

40 C.F.R. § 52.21 (July 1, 2009 July 1, 2012), or under regulations approved pursuant to 40 

C.F.R. Part 51, Subpart I, or 40 C.F.R. § 51.166 (July 1, 2009 July 1, 2012); and

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

under a permit issued under 40 C.F.R. § 52.21 (July 1, 2009 July 1, 2012) or under regulations 

approved pursuant to 40 C.F.R. § 51.165 (July 1, 2009 July 1, 2012).

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

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

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6.

CHAPTER 74:36:02

AMBIENT AIR QUALITY

Section

74:36:02:01 Air quality goals.
74:36:02:02 Ambient air quality standards.

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

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

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

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

in 40 C.F.R. §§ 50.1 to 50.5, inclusive, (July 1, 2009 July 1, 2012); 40 C.F.R. § 50.6 (July 1, 

2009 July 1, 2012); 40 C.F.R. § 50.7(a)(1), (b), and (c) (July 1, 2009 July 1, 2012); 40 C.F.R. 

§ 50.8 and 40 C.F.R. §§ 50.10 to 50.12, inclusive, (July 1, 2009 July 1, 2012), define the types 

and levels of air pollution above which the ambient air would limit the attainment of the goals 

specified in § 74:36:02:01. These standards apply to the entire state of South Dakota, and no 

person may cause these standards to be exceeded. The standards include normal background 

levels of air pollutants.

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

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

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

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

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

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

effective June 28, 2010.

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

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

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

(July 1, 2009 July 1, 2012) shall be measured by the reference method or methods stated in 40 

C.F.R. Part 50, Appendix A to Appendix N, inclusive, (July 1, 2009 July 1, 2012) or an 

equivalent method designated in accordance with 40 C.F.R. Part 53 (July 1, 2009 July 1, 2012).

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

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

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

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

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

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

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

Law Implemented: SDCL 34A-1-15.

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

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

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

1, 2009 July 1, 2012).
Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 25 

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

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

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

Law Implemented: SDCL 34A-1-15.

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

monitoring required by the department shall be consistent with 40 C.F.R. Part 58 (July 1, 2009

July 1, 2012). Records of monitoring activities and results shall be retained for a minimum of 

three years.

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

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

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

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

Law Implemented: SDCL 34A-1-15.

CHAPTER 74:36:03

AIR QUALITY EPISODES

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

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

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

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

§ 51.151 and Appendix L to Part 51 (July 1, 2009 July 1, 2012), if the accumulation of air 

pollutants in any place is attaining or has attained levels which could, if such levels are sustained 

or exceeded, lead to a substantial threat to the health of the public.

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

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

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

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

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

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

Law Implemented: SDCL 34A-1-15.

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

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

§ 51.152 (July 1, 2009 July 1, 2012). The department shall reevaluate the contingency plan in 

accordance with the requirements in 40 C.F.R. § 51.153 (July 1, 2009 July 1, 2012).
Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 31 

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

effective June 28, 2010.

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

Law Implemented: SDCL 34A-1-15.

CHAPTER 74:36:04

OPERATING PERMITS FOR MINOR SOURCES

Section

74:36:04:01 Applicability.

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

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

74:36:04:03 Emission unit exemptions.

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

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

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

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

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

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

74:36:04:09 Permit application -- Completeness review.
74:36:04:10 Time period for department's recommendation.

74:36:04:11 Repealed.

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

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

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

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

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

74:36:04:16 Operating permit expiration.

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

74:36:04:18 Operating permit revision.

74:36:04:19 Administrative permit amendment.

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

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

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

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

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

74:36:04:21 Permit modifications.

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

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

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

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

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

74:36:04:28 Notice of operating noncompliance -- Contents.
74:36:04:29 Petition for contested case on alleged violation.

74:36:04:30 Repealed.

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

74:36:04:32 General permits.

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

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

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

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

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

determined by air pollution dispersion modeling is not affected by stack height that exceeds good 

engineering practice or by any other dispersion technique as defined in 40 C.F.R. § 51.100 (July 

1, 2009 July 1, 2012). Each source must comply with emission limits and other requirements of 

the act and the Clean Air Act. The minor source operating permit must include reasonable 

conditions, including adherence to plans and specifications, to assure compliance with the act, 

the Clean Air Act, and any other conditions justified under SDCL 34A-1-19.

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

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

SDR 183, effective May 21, 1986; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 14 SDR 72, 

effective November 24, 1987; 16 SDR 88, effective November 14, 1989; 17 SDR 170, effective 

May 13, 1991; transferred from § 74:26:01:12, 19 SDR 157, effective April 22, 1993; 21 SDR 
119, effective January 5, 1995; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective 

June 13, 2006; 36 SDR 207, effective June 28, 2010.

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

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

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

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

shall be for a period of five years.

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

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

1, 1987; 17 SDR 170, effective May 13, 1991; transferred from § 74:26:01:32, 19 SDR 157, 

effective April 22, 1993.

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

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

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

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

public notice of the draft permit once in a legal newspaper in the county where the source is 

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

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

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

person may submit comments or contest the draft permit within 30 days after the publication of 
the notice; describe the procedures a person must follow to contest the draft permit and request a 

hearing in accordance with article 74:09; and a statement describing where copies of the draft 

permit or other information may be obtained. The department shall provide to the interested 

parties a 30-day notice of any hearing to contest a draft permit.

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

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

§ 44:10:01:37, effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 14 SDR 

50, effective October 4, 1987; 17 SDR 170, effective May 13, 1991; transferred from 

§ 74:26:01:37, 19 SDR 157, effective April 22, 1993; 25 SDR 123, effective April 4, 1999; 36 

SDR 207, effective June 28, 2010.

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

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

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

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

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

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

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

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

means proposing a permit, denying a permit, or terminating a permit.
The final permit will be issued within 30 days of notifying the applicant and each person 

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

under the following conditions:

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

(2) A contested case hearing is requested; or

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

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

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

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

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

§ 44:10:01:38, effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 14 SDR 

50, effective October 4, 1987; 17 SDR 170, effective May 13, 1991; transferred from 

§ 74:26:01:38, 19 SDR 157, effective April 22, 1993; 25 SDR 123, effective April 4, 1999; 36 

SDR 207, effective June 28, 2010.

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

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

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

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

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

an interest affected by the department's draft permit. Such petitions must comply with the 
provisions of article 74:09 and be received by the department within 30 days after publication of 

the notice required by § 74:36:04:12.

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

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

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

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

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

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

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

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

§ 44:10:01:39, effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 14 SDR 

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

1993; 25 SDR 123, effective April 4, 1999.

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

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

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

include the following:

(1) The signature of either the secretary or the chairman;
(2) The name of the person, company, political subdivision, agency, or institution granted 

a permit;

(3) The type of operation;

(4) The facility and mailing address;

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

(6) A number for administrative reference;

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

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

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

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

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

and the Clean Air Act;

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

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

requirements if any portions of the permit are challenged; and

(12) Provisions stating the following:

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

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

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

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

for cause;
(c) The operating permit does not convey any property rights of any sort or any 

exclusive privilege; and

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

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

reopening, or terminating the permit or to determine compliance.

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

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

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

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

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

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

CHAPTER 74:36:05

OPERATING PERMITS FOR PART 70 SOURCES

Section

74:36:05:01 Applicability.

74:36:05:02 Part 70 operating permit required.
74:36:05:03 Sources required to obtain a Part 70 operating permit.

74:36:05:03.01 Repealed.

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

74:36:05:04.01 Insignificant activities.

74:36:05:05 Transferred.

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

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

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

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

74:36:05:09 Complete application.

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

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

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

74:36:05:14 Repealed.

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

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

74:36:05:16.01 Operating permit requirements.

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

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

74:36:05:19 Transferred.

74:36:05:20 Repealed.

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

74:36:05:20.02 Petitions for contested case hearing.
74:36:05:20.03 EPA review of Part 70 operating permit.

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

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

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

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

74:36:05:24 Repealed.

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

74:36:05:28 Permit expiration.

74:36:05:29 Permit renewal.

74:36:05:30 Permit flexibility.

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

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

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

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

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

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

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

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

74:36:05:39 Permit modifications.

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

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

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

74:36:05:43 EPA review of proposed determination.
74:36:05:44 Department failure to submit proposed determination.

74:36:05:45 Repealed.

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

department.

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

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

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

74:36:05:49 Repealed.

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

74:36:05:51 General permits.

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

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

following sources are exempt from obtaining a Part 70 operating permit:

(1) All sources that are not included in § 74:36:05:03;

(2) Sources that operate a unit subject to 40 C.F.R. 60, Subpart AAA-Standards of 

Performance for New Residential Wood Heaters (July 1, 2009 July 1, 2012) are exempt from the 

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

operating permit for a reason other than the source is subject to Subpart AAA. Exempted sources 

must still meet the applicable requirements in Subpart AAA; or
(3) Sources that operate a unit subject to 40 C.F.R. § 61.145, Standard for Demolition and 

Renovation (July 1, 2009 July 1, 2012) are exempt from the obligation to obtain a Part 70 

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

other than the source is subject to 40 C.F.R. § 61.145 (July 1, 2009 July 1, 2012). Exempted 

sources must still meet the applicable requirements in 40 C.F.R. § 61.145 (July 1, 2009 July 1, 

2012).

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

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

effective June 28, 2010.

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

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

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

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

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

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

by air pollution dispersion modeling is not affected by stack height that exceeds good 

engineering practice or by any other dispersion technique as defined in 40 C.F.R. § 51.100 (July 

1, 2009 July 1, 2012). Each source must comply with emission limits and other requirements of 

the act and the Clean Air Act. A Part 70 operating permit must include reasonable conditions, 

including adherence to plans and specifications, to assure compliance with the act, the Clean Air 

Act, and any other conditions justified under SDCL 34A-1-19.
Source: 2 SDR 40, effective December 7, 1975; transferred from § 34:10:01:08.02; 

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

SDR 183, effective May 21, 1986; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 14 SDR 72, 

effective November 24, 1987; 16 SDR 88, effective November 14, 1989; 17 SDR 170, effective 

May 13, 1991; transferred from § 74:26:01:12, 19 SDR 157, effective April 22, 1993; 20 SDR 

125, effective February 9, 1994; 21 SDR 119, effective January 5, 1995; 31 SDR 101, effective 

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

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

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

74:36:05:07. Time period for operating permits and renewals. A permit for an affected 

source under Title IV of the Clean Air Act shall be for a fixed term of five years. Operating 

permits for all Part 70 sources shall be issued for a period up to five years, and all subsequent 

operating permits shall be for a period of five years. A permit issued for a solid waste incinerator 

subject to the requirements of § 129(e) of the Clean Air Act shall be for a period not to exceed 12 

years and shall be reviewed by the department every five years.

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

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

1, 1987; 17 SDR 170, effective May 13, 1991; transferred from § 74:26:01:32, 19 SDR 157, 

effective April 22, 1993; 36 SDR 207, effective June 28, 2010.

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

74:36:05:16.01. Operating permit requirements. Each permit issued for the operation 

of a Part 70 source must contain:

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

a permit;

(2) The type of operation;

(3) The facility and mailing address;

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

(5) A number for administrative reference;

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

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

that the board or secretary may impose to ensure compliance with the act and the Clean Air Act;
(8) Emission limits and standards, including operational requirements and limits for all 

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

and the Clean Air Act and including the following:

(a) The reference of authority for each term or condition;

(b) The applicable requirements from the Clean Air Act and from Title IV requirements 

of the Clean Air Act, reviewing both requirements and distinguishing which is more stringent 

and incorporating both into the permit; and

(c) If an alternative emission limit is approved in the state implementation plan (SIP), 

provisions to ensure that the alternative emission limit in the permit issuance, renewal, or permit 

modification process has been demonstrated to be equivalent to the applicable emission limit in 

the state implementation plan and is quantifiable, accountable, enforceable, and based on 

replicable procedures;

(9) Monitoring and related record keeping and reporting requirements, consisting of at 

least the following:

(a) All emissions monitoring and analysis procedures, alternative approved methods or 

test methods required under the applicable requirements, including procedures and methods in 

§ 504(b) or 114(a)(3) of the Clean Air Act;
(b) If the applicable requirement does not require periodic testing or instrumental or 

noninstrumental monitoring, periodic monitoring sufficient to yield reliable data from the 

relevant time period that are representative of the source's compliance with the permit. Such 

monitoring requirements must assure use of terms, test methods, units, averaging periods, and 

other statistical conventions consistent with the applicable requirement;

(c) As necessary, documentation of the use, maintenance, and if appropriate, 

installation of monitoring equipment or methods;

(d) Documentation of the following:

(i) The date, place as defined in the permit, and time of sampling or 

measurements;

(ii) The date or dates analyses were performed;

(iii) The company or entity that performed the analyses;

(iv) The analytical techniques or methods used;

(v) The results of such analyses; and

(vi) The operating conditions as existing at the time of sampling or 

measurement;

(e) Record keeping and reporting requirements that comply with the following:
(i) Submission of reports of any required monitoring must occur at least every 

six months. Reports must clearly identify all deviations from permit requirements and conditions. 

All required reports must be certified by a responsible official; and

(ii) Deviations from permit requirements, including those attributable to upset 

conditions as defined in the permit, the probable cause of such deviations and any corrective 

actions or preventive measures taken must be promptly reported and certified by a responsible 

official; and

(f) Requirements for retention of monitoring records and all supporting documentation 

for at least five years from the date of the monitoring sample, measurement, report, or 

application; and

(10) If applicable, a condition prohibiting emissions exceeding any allowances that the 

source lawfully holds, exceedances of applicable emission rates, and the use of any allowance 

prior to the year for which it was allocated under the Title IV program of the Clean Air Act;

(11) A severability clause asserting the continued validity of permit requirements if any 

portions of the permit are challenged;

(12) Provisions stating the following:
(a) The permittee must comply with all conditions of the permit. Any permit 

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

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

(b) A permittee in an enforcement action may not use the defense that it would have 

been necessary to cease or reduce the permitted activity in order to maintain compliance;

(c) The permit may be revised, revoked and reissued, reopened, or terminated for 

cause. The filing of a request by the permittee for a permit revision, revocation and reissuance, or 

termination or of a notification of planned changes or anticipated noncompliance does not stay 

any permit condition;

(d) The permit does not convey property rights of any sort or any exclusive privilege; 

and

(e) The permittee must provide any information, including records, requested in writing 

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

reopening, or terminating the permit or to determine compliance;

(13) Terms and conditions for reasonably anticipated operating scenarios identified by the 

source in its application and approved by the department. The terms and conditions must require 

the source, contemporaneously with making a change from one operating scenario to another, to 

record in a log at the permitted facility a record of the scenario under which it is operating and 
must ensure that the terms and conditions of each such alternative scenario meet all requirements 

of the Clean Air Act;

(14) Compliance requirements that contain the following:

(a) A compliance certification and testing, monitoring, reporting, and recordkeeping 

requirements sufficient to assure compliance with the terms and conditions of the permit. All 

documents, including reports, required by the permit must be certified by a responsible official 

consistent with subdivision 74:36:05:12(17). The compliance certification must be submitted 

annually from the date of permit issuance to the department and EPA;

(b) Inspection and entry requirements that require the permittee to allow the department 

or an authorized representative to perform the following:

(1) Enter upon the permittee's premises where a Part 70 source is located or 

emissions-related activity is conducted or where records must be kept under the conditions of the 

permit;

(2) Have access to and copy, at reasonable times, any records that must be kept 

under the conditions of the permit;

(3) Inspect at reasonable times any facilities, equipment, practices, or operations 

regulated or required under the permit; and
(4) As authorized by the Clean Air Act, sample or monitor at reasonable times 

substances or parameters for the purpose of assuring compliance with the permit or applicable 

requirements;

(c) A compliance plan in accordance with subdivision 74:36:05:12(15), including 

progress reports on noncompliance indicating the dates that compliance will be achieved or the 

dates that compliance was achieved as referred to in a schedule of compliance. The report must 

state an explanation for not attaining dates of compliance and must be submitted to the 

department semiannually or more frequently as required by the department; and

(d) A compliance certification in accordance with subdivision 74:36:05:12(16);

(15) A condition requiring a Part 70 source to pay any required fees;

(16) A condition stating that no permit revisions are required for increases in emissions 

allowed through emissions trading to the extent that such trades are authorized by the applicable 

requirements of the Clean Air Act;

(17) Any provisions the department uses to issue general permits that are in accordance 

with 40 C.F.R. Part 70.6(d) (July 1, 2009 July 1, 2012);
(18) Provisions for permit emission exceedances due to emergencies that are in 

accordance with the requirements in 40 C.F.R. Part 70.6(g) (July 1, 2009 July 1, 2012); and

(19) All applicable requirements of the Clean Air Act.

Source: 19 SDR 157, effective April 22, 1993; transferred from § 74:36:05:27, 20 SDR 

125, effective February 9, 1994; 21 SDR 119, effective January 5, 1995; 31 SDR 101, effective 

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

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

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

74:36:05:20.01. Final permit decision -- Notice to interested persons. The department 

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

draft permit. The department shall notify, in writing, the applicant and each person or affected 

state that submitted written comments or requested notice of the final permit decision. The notice 

shall include reference to the procedures for contesting the final permit decision and requesting a 

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

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

The proposed Part 70 operating permit must be submitted to EPA within 30 days of 

notifying the applicant and each person or affected state that submitted written comments or 

requested notification of the final permit decision except under the following conditions:

(1) A later effective date is specified in the final permit decision;
(2) A contested case hearing is requested; or

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

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

final permit decision and the proposed Part 70 operating permit is submitted to EPA.

Source: 19 SDR 157, effective April 22, 1993; transferred from § 74:36:05:25, 20 SDR 

125, effective February 9, 1994; 25 SDR 123, effective April 4, 1999; 36 SDR 207, effective 

June 28, 2010.

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

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

74:36:05:20.02. Petitions for contested case hearing. The applicant, interested person, 

or affected state may petition the board and obtain a contested case hearing to dispute the 

department's draft permit. Any other person may petition to intervene and request a hearing if the 

person has an interest affected by the department's draft permit. Such petitions must comply with 

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

required by § 74:36:05:17.

The applicant or an interested person or affected state that comments on the draft permit 

may petition the board for and obtain a contested case hearing to dispute the department's final 

permit decision. Such petitions must comply with the provisions of article 74:09 and be received 

by the department within 30 days after the applicant, interested person, or affected state receives 

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

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

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

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

§ 44:10:01:39, effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 14 SDR 

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

1993; transferred from § 74:36:05:26, 20 SDR 125, effective February 9, 1994; 21 SDR 119, 

effective January 5, 1995; 25 SDR 123, effective April 4, 1999.

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

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

CHAPTER 74:36:07

NEW SOURCE PERFORMANCE STANDARDS

Section

74:36:07:01 New source performance standards.

74:36:07:02 Standards of performance for fossil fuel-fired steam generators.

74:36:07:03 Standards of performance for electric utility steam generators.

74:36:07:04 Standards of performance for industrial, commercial, and institutional steam 

generating units.

74:36:07:05 Standards of performance for small industrial, commercial, and institutional 

steam generating units.
74:36:07:06 Standards of performance for incinerators.

74:36:07:06.01 Standards of performance for hospital/medical/infectious waste incinerators 

constructed on or before June 20, 1996.

74:36:07:06.02 Standards of performance for hospital/medical/infectious waste incinerators for 

which construction is commenced after June 20, 1996.

74:36:07:07 Standards of performance for municipal waste combustors.

74:36:07:07.01 Standards of performance for municipal combustors constructed after September 

20, 1994.

74:36:07:08 Ash disposal requirements.

74:36:07:09 Standards of performance for portland cement plants.

74:36:07:10 Standards of performance for asphalt concrete plants.

74:36:07:11 Repealed.

74:36:07:12 Standards of performance for storage vessels of petroleum liquids constructed 

after June 11, 1973, and before May 19, 1978.

74:36:07:13 Standards of performance for storage vessels of petroleum liquids constructed 

after May 18, 1978, and before July 24, 1984.

74:36:07:14 Standards of performance for volatile organic liquid storage vessels (including 

petroleum liquid storage vessels) for which construction, reconstruction, or 

modification commenced after July 23, 1984.

74:36:07:15 Standards of performance for sewage treatment plants.

74:36:07:16 Standards of performance for coal preparation plants.

74:36:07:17 Standards of performance for grain elevators.

74:36:07:18 Standards of performance for stationary gas turbines.
74:36:07:19 Standards of performance for lime manufacturing plants.

74:36:07:20 Standards of performance for metallic mineral processing plants.

74:36:07:21 Standards of performance for pressure-sensitive tape and label surface coating 

operations.

74:36:07:22 Standards of performance for equipment leaks of VOC in the synthetic organic 

chemicals manufacturing industry.

74:36:07:22.01 Standards of performance for equipment leaks of VOC in the synthetic organic 

chemicals manufacturing industry for which construction, reconstruction, or 

modification commenced after November 7, 2006.

74:36:07:23 Standards of performance for bulk gasoline terminals.

74:36:07:24 Standards of performance for new residential wood heaters.

74:36:07:25 Standards of performance for petroleum dry cleaners.

74:36:07:26 Standards of performance for VOC emissions from synthetic organic chemical 

manufacturing industry (SOCMI) distillation operations.

74:36:07:27 Standards of performance for nonmetallic mineral processing plants.

74:36:07:28 Standards of performance for magnetic tape coating facilities.

74:36:07:29 Operating requirements for wire reclamation furnaces.

74:36:07:30 Monitoring requirements for wire reclamation furnaces.

74:36:07:31 Standards of performance for graphic arts industry -- Publication rotogravure 

printing.

74:36:07:32 Standards of performance for volatile organic compound emissions from

synthetic organic chemical manufacturing industry (SOCMI) reactor 

processes.
74:36:07:33 Standards of performance for calciners and dryers in mineral industries.

74:36:07:34 Existing municipal solid waste landfill.

74:36:07:35 Plan submittal by existing municipal solid waste landfills.

74:36:07:36 Collection system.

74:36:07:37 Control system.

74:36:07:38 Compliance schedule for existing municipal solid waste landfills.

74:36:07:39 Existing municipal solid waste landfill operational standards for collection and 

control systems.

74:36:07:40 Existing municipal solid waste landfill compliance provisions.

74:36:07:41 Existing municipal solid waste landfill monitoring provisions.

74:36:07:42 Existing municipal solid waste landfill reporting and recordkeeping.

74:36:07:42.01 Additional reporting for existing municipal solid waste landfills.

74:36:07:43 Standards of performance for new municipal solid waste landfills.

74:36:07:44 Standards of performance for nitric acid plants.

74:36:07:45 Standards of performance for sulfuric acid plants.

74:36:07:46 Standards of performance for petroleum refineries.

74:36:07:46.01 Standards of performance for petroleum refineries for which construction, 

reconstruction, or modification commenced after May 14, 2007.

74:36:07:47 Standards of performance for secondary lead smelters.

74:36:07:48 Standards of performance for secondary brass and bronze production plants.

74:36:07:49 Standards of performance for primary emissions from basic oxygen process 

furnaces for which construction commenced after June 11, 1973.
74:36:07:50 Standards of performance for secondary emissions from basic oxygen process 

steelmaking facilities for which construction commenced after January 20, 

1983.

74:36:07:51 Standards of performance for primary copper smelter.

74:36:07:52 Standards of performance for primary zinc smelter.

74:36:07:53 Standards of performance for primary lead smelter.

74:36:07:54 Standards of performance for primary aluminum reduction plant.

74:36:07:55 Standards of performance for wet-process phosphoric acid plant.

74:36:07:56 Standards of performance for superphosphoric acid plant.

74:36:07:57 Standards of performance for diammonium phosphate plant.

74:36:07:58 Standards of performance for triple superphosphate plant.

74:36:07:59 Standards of performance for granular triple superphosphate storage facility.

74:36:07:60 Standards of performance for ferroalloy production plant.

74:36:07:61 Standards of performance for electric arc furnaces and argon-oxygen 

decarburization vessels constructed after August 17, 1983.

74:36:07:62 Standards of performance for kraft pulp mills.

74:36:07:63 Standards of performance for glass manufacturing plant.

74:36:07:64 Standards of performance for surface coating of metal furniture.

74:36:07:65 Standards of performance for lead-acid battery manufacturing plant.

74:36:07:66 Standards of performance for automobile and light duty truck surface coating 

operations.

74:36:07:67 Standards of performance for phosphate rock plants.

74:36:07:68 Standards of performance for ammonium sulfate manufacture.
74:36:07:69 Standards of performance for industrial surface coating -- Large appliances.

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

74:36:07:71 Standards of performance for asphalt processing and asphalt roofing anufacture.

74:36:07:72 Standards of performance for beverage can surface coating industry.

74:36:07:73 Standards of performance for rubber tire manufacturing industry.

74:36:07:74 Standards of performance for volatile organic compound emissions from 

polymer manufacturing industry.

74:36:07:75 Standards of performance for flexible vinyl and urethane coating and printing.

74:36:07:76 Standards of performance for equipment leaks of VOC in petroleum refineries.

74:36:07:76.01 Standards of performance for equipment leaks of VOC in petroleum refineries.

74:36:07:77 Standards of performance for synthetic fiber production facility.

74:36:07:78 Standards of performance for VOC emissions from synthetic organic chemical 

manufacturing industry air oxidation unit process.

74:36:07:79 Standards of performance for equipment leaks of VOC from onshore natural gas 

processing plant.

74:36:07:80 Standards of performance for onshore natural gas processing.

74:36:07:81 Standards of performance for wool fiberglass insulation manufacturing plant.

74:36:07:82 Standards of performance for VOC emissions from petroleum refinery 

wastewater system.

74:36:07:83 Standards of performance for industrial surface coating -- Surface coating of 

plastic parts for business machines.

74:36:07:84 Standards of performance for polymeric coating of supporting substrates facility.
74:36:07:85 Standards of performance for small municipal waste combustion units for which 

construction commenced after August 30, 1999, or modification or 

reconstruction commenced after June 6, 2001.

74:36:07:86 Standards of performance for commercial and industrial solid waste incineration 

units for which construction commenced after November 30, 1999, or 

modification or reconstruction commenced on or after June 1, 2001.

74:36:07:87 Standards of performance for other solid waste incineration units for which 

construction commenced after December 9, 2004, or modification or 

reconstruction commenced on or after June 16, 2006.

74:36:07:88 Standards of performance for stationary compression ignition internal 

combustion engines.

74:36:07:89 Standards of performance for stationary combustion turbines.

74:36:07:90 Standards of performance for stationary spark ignition internal combustion 

engines.

74:36:07:91 Standards of performance for nitric acid plants for which construction, 

reconstruction, or modification commenced after October 14, 2011.

74:36:07:92 Standards of performance for new sewage sludge incineration units.

74:36:07:01. New source performance standards. The general provisions for new 

source performance standards are those in 40 C.F.R. §§ 60.1 to 60.19, inclusive, (July 1, 2009

July 1, 2012). For the purposes of this chapter, "administrator" means the secretary, except for 

those authorities that cannot be delegated to the state, in which case "administrator" means both 

the administrator of the Environmental Protection Agency and the secretary.
Source: 14 SDR 72, effective November 24, 1987; 16 SDR 88, effective November 14, 

1989; 17 SDR 170, effective May 13, 1991; transferred from § 74:26:08:43, 19 SDR 157, 

effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective 

December 29, 1996; 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 

2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 

217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:02. Standards of performance for fossil fuel-fired steam generators. The 

standards of performance for fossil fuel-fired steam generators are those in 40 C.F.R. §§ 60.40 to 

60.46, inclusive, (July 1, 2009 July 1, 2012).

Source: 14 SDR 72, effective November 24, 1987; 17 SDR 170, effective May 13, 1991; 

transferred from § 74:26:09:07, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective 

January 5, 1995; 23 SDR 106, effective December 29, 1996; 26 SDR 168, effective June 27, 

2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 

209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 

28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:03. Standards of performance for electric utility steam generators. The 
standards of performance for electric utility steam generators are those in 40 C.F.R. §§ 60.40Da 

to 60.49Da, inclusive, § 60, Subpart Da (July 1, 2009 July 1, 2012).

Source: 14 SDR 72, effective November 24, 1987; 17 SDR 170, effective May 13, 1991; 

transferred from § 74:26:10:15, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective 

January 5, 1995; 23 SDR 106, effective December 29, 1996; 26 SDR 168, effective June 27, 

2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 

209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 

28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:04. Standards of performance for industrial, commercial, and institutional 

steam generating units. The standards of performance for industrial, commercial, and 

institutional steam generating units are those in 40 C.F.R. §§ 60.40b to 60.49b, inclusive, (July 1, 

2009 July 1, 2012).

Source: 16 SDR 88, effective November 14, 1989; 17 SDR 170, effective May 13, 1991; 

transferred from § 74:26:24:01, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective 

January 5, 1995; 23 SDR 106, effective December 29, 1996; 26 SDR 168, effective June 27, 

2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 

209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 

28, 2010.
General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:05. Standards of performance for small industrial, commercial, and 

institutional steam generating units. The standards of performance for small industrial, 

commercial, and institutional steam generating units are those in 40 C.F.R. §§ 60.40c to 60.48c, 

inclusive, (July 1, 2009 July 1, 2012). A source that operates a unit subject to 40 C.F.R. 

§§ 60.40c to 60.48c, inclusive, (July 1, 2009 July 1, 2012) is exempt from the obligation to 

obtain a Part 70 operating permit, if the source burns solely natural gas or propane and is not 

required to obtain a Part 70 operating permit for a reason other than the source is subject to 40 

C.F.R. §§ 60.40c to 60.48c, inclusive, (July 1, 2009 July 1, 2012). Exempted sources must still 

meet the applicable requirements in 40 C.F.R. §§ 60.40c to 60.48c, inclusive, (July 1, 2009 July 

1, 2012).

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 

SDR 106, effective December 29, 1996; 26 SDR 168, effective June 27, 2000; 30 SDR 26, 

effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 

13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.
74:36:07:06. Standards of performance for incinerators. The standards of performance 

for incinerators are those in 40 C.F.R. §§ 60.50 to 60.54, inclusive, (July 1, 2009 July 1, 2012).

Source: 14 SDR 72, effective November 24, 1987; 17 SDR 170, effective May 13, 1991; 

transferred from § 74:26:11:06, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective 

January 5, 1995; 23 SDR 106, effective December 29, 1996; 30 SDR 26, effective September 1, 

2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 

217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:06.01. Standards of performance for hospital/medical/infectious waste 

incinerators constructed on or before June 20, 1996. 40 C.F.R. Part 60, Subpart Ce (July 1, 

2009 July 1, 2012), is incorporated into this rule by reference. Designated facilities under 

Subpart Ce shall comply with the requirements for state plan approval in 40 C.F.R. §§ 60.32e to 

60.38e, inclusive, (July 1, 2009 July 1, 2012).

The owner or operator of a hospital/medical/infectious waste incinerator constructed on or 

before June 20, 1996, that decides to cease operation shall notify the department within six 

months of EPA's approval of the state plan for hospital/medical/infectious waste incinerators. 

The written notification shall inform the department of when the unit will be shutdown. The 
shutdown date may not exceed one year after EPA's approval of the state plan for 

hospital/medical/infectious waste incinerators.

The owner or operator of a hospital/medical/infectious waste incinerator constructed on or 

before June 20, 1996, that decides to comply with the requirements of this section shall submit a 

compliance plan within six months of state plan approval that meets the following deadlines:

(1) Submit a Part 70 operating permit application and design drawings of the air pollution 

control device to the department within one year of state plan approval;

(2) Submit a copy of the purchase order or other documentation indicating an order has 

been placed for the major components of the air pollution control device within 15 months of 

state plan approval;

(3) Begin initiation of site preparation for installation of the air pollution control device 

within 2 years after state plan approval;

(4) Complete installation of the air pollution control device within 30 months after state 

plan approval; and

(5) Conduct a performance test within 33 months after state plan approval.
The owner or operator shall comply with 40 C.F.R. §§ 60.34e and 60.36e (July 1, 2009) 

within one year after state plan approval. The owner or operator shall comply with the remaining 

requirements in this section within three years after state plan approval or by September 15, 

2002, whichever is earlier.

Source: 25 SDR 123, effective April 4, 1999; 26 SDR 168, effective June 27, 2000; 30 

SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, 

effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 

2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:06.02. Standards of performance for hospital/medical/infectious waste 

incinerators for which construction is commenced after June 20, 1996. The standards of 

performance for hospital/medical/infectious waste incinerators constructed after June 20, 1996, 

are those in 40 C.F.R. §§ 60.50c to 60.58c (July 1, 2009 July 1, 2012).

Source: 25 SDR 123, effective April 4, 1999; 26 SDR 168, effective June 27, 2000; 30 

SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, 

effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 

2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.
74:36:07:07. Standards of performance for municipal waste combustors. The 

standards of performance for municipal waste combustors are those in 40 C.F.R. §§ 60.50a to 

60.59a, inclusive, (July 1, 2009 July 1, 2012).

Source: 17 SDR 69, effective November 22, 1990; 17 SDR 170, effective May 13, 1991; 

18 SDR 90, effective November 24, 1991; transferred from § 74:26:26:01, 19 SDR 157, effective 

April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 

1996; 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 

101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 

13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:07.01. Standards of performance for municipal combustors constructed 

after September 20, 1994. The standards of performance for municipal waste combustors 

constructed after September 20, 1994, or modified or reconstructed after June 19, 1996, are those 

in 40 C.F.R. §§ 60.50b to 60.59b, inclusive, (July 1, 2009 July 1, 2012).

Source: 23 SDR 106, effective December 29. 1996; 25 SDR 123, effective April 4, 1999; 

26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, 

effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 

2007; 36 SDR 207, effective June 28, 2010.
General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:08. Ash disposal requirements. All ash generated at a municipal waste 

combustor must be disposed of in accordance with article 74:27.

Source: 17 SDR 69, effective November 22, 1990; transferred from § 74:26:26:02, 19 

SDR 157, effective April 22, 1993; 23 SDR 106, effective December 29, 1996.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:09. Standards of performance for portland cement plants. The standards of 

performance for portland cement plants are those in 40 C.F.R. §§ 60.60 to 60.66, inclusive, (July 

1, 2009 July 1, 2012).

Source: 14 SDR 72, effective November 24, 1987; 17 SDR 170, effective May 13, 1991; 

transferred from § 74:26:12:06, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective 

January 5, 1995; 23 SDR 106, effective December 29, 1996; 26 SDR 168, effective June 27, 

2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 

209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 

28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.
74:36:07:10. Standards of performance for asphalt concrete plants. The standards of 

performance for asphalt concrete plants are those in 40 C.F.R. §§ 60.90 to 60.93, inclusive, (July 

1, 2009 July 1, 2012).

Source: 14 SDR 72, effective November 24, 1987; 17 SDR 170, effective May 13, 1991; 

transferred from § 74:26:13:05, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective 

January 5, 1995; 23 SDR 106, effective December 29, 1996; 30 SDR 26, effective September 1, 

2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 

217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:12. Standards of performance for storage vessels of petroleum liquids 

constructed after June 11, 1973, and before May 19, 1978. The standards of performance for 

storage vessels of petroleum liquids constructed after June 11, 1973, and before May 19, 1978, 

are those in 40 C.F.R. §§ 60.110 to 60.113, inclusive, (July 1, 2009 July 1, 2012). A source that 

operates a unit subject to 40 C.F.R. §§ 60.110 to 60.113, inclusive, (July 1, 2009) is exempt from 

the obligation to obtain a Part 70 operating permit if the unit is not required to install controls 

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

source is subject to 40 C.F.R. §§ 60.110 to 60.113, inclusive, (July 1, 2009 July 1, 2012). 

Exempted sources must still meet the applicable requirements in 40 C.F.R. §§ 60.110 to 60.113, 

inclusive, (July 1, 2009 July 1, 2012).
Source: 14 SDR 72, effective November 24, 1987; 17 SDR 170, effective May 13, 1991; 

transferred from § 74:26:14:05, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective 

January 5, 1995; 23 SDR 106, effective December 29, 1996; 30 SDR 26, effective September 1, 

2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 

217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:13. Standards of performance for storage vessels of petroleum liquids 

constructed after May 18, 1978, and before July 24, 1984. The standards of performance for 

storage vessels of petroleum liquids constructed after May 18, 1978, and before July 24, 1984, 

are those in 40 C.F.R. §§ 60.110a to 60.115a, inclusive, (July 1, 2009 July 1, 2012). A source 

that operates a unit subject to 40 C.F.R. §§ 60.110a to 60.115a, inclusive, (July 1, 2009 July 1, 

2012) is exempt from the obligation to obtain a Part 70 operating permit if the unit is not 

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

for a reason other than the source is subject to 40 C.F.R. §§ 60.110a to 60.115a, inclusive, (July 

1, 2009). Exempted sources must still meet the applicable requirements in 40 C.F.R. §§ 60.110a 

to 60.115a, inclusive, (July 1, 2009 July 1, 2012).

Source: 14 SDR 72, effective November 24, 1987; 16 SDR 88, effective November 14, 

1989; 17 SDR 170, effective May 13, 1991; transferred from § 74:26:20:19, 19 SDR 157, 

effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective 
December 29, 1996; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 

2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, 

effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:14. Standards of performance for volatile organic liquid storage vessels 

(including petroleum liquid storage vessels) for which construction, reconstruction, or 

modification commenced after July 23, 1984. The standards of performance for volatile 

organic liquid storage vessels (including petroleum liquid storage vessels) for which 

construction, reconstruction, or modification commenced after July 23, 1984, are those in 40 

C.F.R. §§ 60.110b to 60.117b, inclusive, (July 1, 2009 July 1, 2012). A source that operates a 

unit subject to 40 C.F.R. §§ 60.110b to 60.117b, inclusive, (July 1, 2009 July 1, 2012) is exempt 

from the obligation to obtain a Part 70 operating permit if the unit is not required to install 

controls and if the source is not required to obtain a Part 70 operating permit for a reason other 

than the source is subject to 40 C.F.R. §§ 60.110b to 60.117b, inclusive, (July 1, 2009 July 1, 

2012). Exempted sources must still meet the applicable requirements in 40 C.F.R. §§ 60.110b to 

60.117b, inclusive, (July 1, 2009 July 1, 2012).

Source: 16 SDR 88, effective November 14, 1989; 17 SDR 170, effective May 13, 1991; 

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

January 5, 1995; 23 SDR 106, effective December 29, 1996; 26 SDR 168, effective June 27, 

2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 
209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 

28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:15. Standards of performance for sewage treatment plants. The standards of 

performance for sewage treatment plants are those in 40 C.F.R. §§ 60.150 to 60.156, inclusive, 

(July 1, 2009 July 1, 2012).

Source: 14 SDR 72, effective November 24, 1987; 17 SDR 170, effective May 13, 1991; 

transferred from § 74:26:15:06, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective 

January 5, 1995; 23 SDR 106, effective December 29, 1996; 30 SDR 26, effective September 1, 

2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 

217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:16. Standards of performance for coal preparation plants. The standards of 

performance for coal preparation plants are those in 40 C.F.R. §§ 60.250 to 60.254, inclusive, §

60, Subpart Y (July 1, 2009 July 1, 2012).

Source: 14 SDR 72, effective November 24, 1987; 17 SDR 170, effective May 13, 1991; 

transferred from § 74:26:16:06, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective 
January 5, 1995; 23 SDR 106, effective December 29, 1996; 30 SDR 26, effective September 1, 

2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 

217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:17. Standards of performance for grain elevators. The standards of 

performance for grain elevators are those in 40 C.F.R. §§ 60.300 to 60.304, inclusive, (July 1, 

2009 July 1, 2012). A source subject to 40 C.F.R. §§ 60.300 to 60.304, inclusive, (July 1, 2009

July 1, 2012) is exempt from the obligation to obtain a Part 70 operating permit if the source is 

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

40 C.F.R. §§ 60.300 to 60.304, inclusive, (July 1, 2009 July 1, 2012). Exempted sources must 

still meet the applicable requirements in 40 C.F.R. § 60.300 to 60.304, inclusive, (July 1, 2009

July 1, 2012).

Source: 14 SDR 72, effective November 24, 1987; 16 SDR 88, effective November 14, 

1989; 17 SDR 170, effective May 13, 1991; transferred from § 74:26:17:06, 19 SDR 157, 

effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective 

December 29, 1996; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 

2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, 

effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.
74:36:07:18. Standards of performance for stationary gas turbines. The standards of 

performance for stationary gas turbines are those in 40 C.F.R. §§ 60.330 to 60.335, inclusive, 

(July 1, 2009 July 1, 2012).

Source: 14 SDR 72, effective November 24, 1987; 16 SDR 88, effective November 14, 

1989; 17 SDR 170, effective May 13, 1991; transferred from § 74:26:19:07, 19 SDR 157, 

effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective 

December 29, 1996; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 

2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, 

effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:19. Standards of performance for lime manufacturing plants. The standards 

of performance for lime manufacturing plants are those in 40 C.F.R. §§ 60.340 to 60.344, 

inclusive, (July 1, 2009 July 1, 2012).

Source: 14 SDR 72, effective November 24, 1987; 17 SDR 170, effective May 13, 1991; 

transferred from § 74:26:18:10, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective 

January 5, 1995; 23 SDR 106, effective December 29, 1996; 30 SDR 26, effective September 1, 

2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 

217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.
General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:20. Standards of performance for metallic mineral processing plants. The 

standards of performance for metallic mineral processing plants are those in 40 C.F.R. §§ 60.380 

to 60.386, inclusive, (July 1, 2009 July 1, 2012).

Source: 11 SDR 151, effective May 12, 1985; 13 SDR 129, 13 SDR 141, effective July 1, 

1987; 14 SDR 72, effective November 24, 1987; 17 SDR 170, effective May 13, 1991; 

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

January 5, 1995; 23 SDR 106, effective December 29, 1996; 30 SDR 26, effective September 1, 

2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 

217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:21. Standards of performance for pressure-sensitive tape and label surface 

coating operations. The standards of performance for pressure-sensitive tape and label surface 

coating operations are those in 40 C.F.R. §§ 60.440 to 60.447, inclusive, (July 1, 2009 July 1, 

2012).

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 

SDR 106, effective December 29, 1996; 30 SDR 26, effective September 1, 2003; 31 SDR 101, 
effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 

2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:22. Standards of performance for equipment leaks of VOC in the synthetic 

organic chemicals manufacturing industry. The standards of performance for equipment leaks 

of VOC in the synthetic organic chemicals manufacturing industry are those in 40 C.F.R. 

§§ 60.480 to 60.489, inclusive, (July 1, 2009 July 1, 2012).

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 

SDR 106, effective December 29, 1996; 26 SDR 168, effective June 27, 2000; 30 SDR 26, 

effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 

13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:22.01. Standards of performance for equipment leaks of VOC in the 

synthetic organic chemicals manufacturing industry for which construction, 

reconstruction, or modification commenced after November 7, 2006. The standards of 

performance for equipment leaks of VOC in the synthetic organic chemicals manufacturing 

industry, for which construction, reconstruction, or modification commenced after November 7, 

2006, are those in 40 C.F.R. § 60, Subpart VVa (July 1, 2009 July 1, 2012).
Source: 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:23. Standards of performance for bulk gasoline terminals. The standards of 

performance for bulk gasoline terminals are those in 40 C.F.R. §§ 60.500 to 60.506, inclusive, 

(July 1, 2009 July 1, 2012).

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 

SDR 106, effective December 29, 1996; 26 SDR 168, effective June 27, 2000; 30 SDR 26, 

effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 

13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:24. Standards of performance for new residential wood heaters. The 

standards of performance for new residential wood heaters are those in 40 C.F.R. §§ 60.530 to 

60.539b, inclusive, (July 1, 2009 July 1, 2012).

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 

SDR 106, effective December 29, 1996; 26 SDR 168, effective June 27, 2000; 30 SDR 26, 
effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 

13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:25. Standards of performance for petroleum dry cleaners. The standards of 

performance for petroleum dry cleaners are those in 40 C.F.R. §§ 60.620 to 60.625, inclusive, 

(July 1, 2009 July 1, 2012). A source subject to 40 C.F.R. §§ 60.620 to 60.625, inclusive, (July 

1, 2009 July 1, 2012) is exempt from the obligation to obtain a Part 70 operating permit if the 

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

subject to 40 C.F.R. §§ 60.620 to 60.625, inclusive, (July 1, 2009 July 1, 2012). Exempted 

sources must still meet the applicable requirements in 40 C.F.R. §§ 60.620 to 60.625, inclusive, 

(July 1, 2009 July 1, 2012).

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 

SDR 106, effective December 29, 1996; 30 SDR 26, effective September 1, 2003; 31 SDR 101, 

effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 

2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:26. Standards of performance for VOC emissions from synthetic organic 

chemical manufacturing industry (SOCMI) distillation operations. The standards of 
performance for VOC emissions from synthetic organic chemical manufacturing industry 

(SOCMI) distillation operations are those in 40 C.F.R. §§ 60.660 to 60.668, inclusive, (July 1, 

2009 July 1, 2012).

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 

SDR 106, effective December 29, 1996; 26 SDR 168, effective June 27, 2000; 30 SDR 26, 

effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 

13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:27. Standards of performance for nonmetallic mineral processing plants.

The standards of performance for nonmetallic mineral processing plants are those in 40 C.F.R. 

§§ 60.670 to 60.676, inclusive, (July 1, 2009 July 1, 2012).

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

1987; 14 SDR 72, effective November 24, 1987; 17 SDR 170, effective May 13, 1991; 

transferred from § 74:26:23:02, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective 

January 5, 1995; 23 SDR 106, effective December 29, 1996; 26 SDR 168, effective June 27, 

2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 

209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 

28, 2010.

General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.

74:36:07:28. Standards of performance for magnetic tape coating facilities. The 

standards of performance for magnetic tape coating facilities are those in 40 C.F.R. §§ 60.710 to 

60.718, inclusive, (July 1, 2009 July 1, 2012).

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 

SDR 106, effective December 29, 1996; 26 SDR 168, effective June 27, 2000; 30 SDR 26, 

effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 

13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:29. Operating requirements for wire reclamation furnaces. New wire 

reclamation furnaces shall be equipped with a secondary chamber or afterburner which provides 

for turbulent mixing and a two-second residence time at 2200 degrees Fahrenheit or greater.

New wire reclamation furnaces shall meet applicable emission standards during all phases 

of operation, and the secondary combustion chamber or combustion zone temperature shall be 

maintained at required levels until waste is completely combusted.

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

General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.

74:36:07:30. Monitoring requirements for wire reclamation furnaces. An owner or 

operator of a new regulated wire reclamation furnace shall install, calibrate, operate, and 

maintain devices which continuously monitor and record the temperature of gases leaving the 

secondary or final combustion chamber. Such devices must have an accuracy of plus or minus 25 

degrees Fahrenheit. Flames from the burners may not impact the temperature sensors.

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

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-11.

74:36:07:31. Standards of performance for graphic arts industry -- Publication 

rotogravure printing. The standards of performance for publication rotogravure printing in the 

graphic arts industry are those in 40 C.F.R. §§ 60.430 to 60.435, inclusive, (July 1, 2009 July 1, 

2012).

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

1996; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 

209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 

28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.
74:36:07:32. Standards of performance for volatile organic compound emissions 

from synthetic organic chemical manufacturing industry (SOCMI) reactor processes. The 

standards of performance for volatile organic compound emissions from synthetic organic 

chemical manufacturing industry reactor processes are those in 40 C.F.R. §§ 60.700 to 60.707, 

inclusive, § 60, Subpart RRR (July 1, 2009 July 1, 2012).

Source: 23 SDR 106, effective December 29, 1996; 26 SDR 168, effective June 27, 2000; 

30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, 

effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 

2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:33. Standards of performance for calciners and dryers in mineral 

industries. The standards of performance for calciners and dryers in mineral industries are those 

in 40 C.F.R. §§ 60.730 to 60.736, inclusive, § 60, Subpart UUU (July 1, 2009 July 1, 2012).

Source: 23 SDR 106, effective December 29, 1996; 30 SDR 26, effective September 1, 

2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 

217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.
74:36:07:34. Existing municipal solid waste landfill. The owner or operator of an 

existing municipal solid waste landfill that meets the following conditions shall comply with 

§§ 74:36:07:35 to 74:36:07:42, inclusive:

(1) The landfill has accepted waste at any time since November 8, 1987, or has additional 

design capacity available for future waste deposition;

(2) The landfill has a design capacity greater than or equal to 2.5 million megagrams and 

2.5 million cubic meters. The landfill may calculate design capacity either in megagrams or 

cubic meters. Density conversions must be documented and submitted with the report; and

(3) The landfill has a nonmethane organic compound emission rate of 50 megagrams a 

year or more. The calculation of the landfill nonmethane organic compound emission rate must 

meet the requirements of 40 C.F.R. § 60.754 (July 1, 2009 July 1, 2012), to determine the 

landfill nonmethane organic compound emission rate.

Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999; 

26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, 

effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 

2007; 36 SDR 209, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.
74:36:07:35. Plan submittal by existing municipal solid waste landfills. The owner or 

operator of an existing municipal solid waste landfill that meets the requirements of 

§ 74:36:07:34 shall submit a plan within one year of the first annual report showing the 

nonmethane organic compound emissions equal or exceed 50 megagrams a year. The plan must 

be prepared by a professional engineer and contain a collection and control system and a 

compliance schedule that meets § 74:36:07:38. The plan must be approved by the department in 

accordance with §§ 74:36:07:36 to 74:36:07:38, inclusive.

Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:36. Collection system. The department shall approve the collection and control 

system plan if it is equivalent to or meets the conditions provided in 40 C.F.R. § 60.752(b)(2)(ii) 

(July 1, 2009 July 1, 2012), and the control requirements in § 74:36:07:37.

Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999; 

26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, 

effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 

2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.
74:36:07:37. Control system. The department shall approve the control system if it is 

equivalent to or meets one of the following requirements:

(1) An open flare designed and operated in accordance with the parameters established in 

40 C.F.R. § 60.18 (July 1, 2009 July 1, 2012);

(2) A control system designed and operated to reduce nonmethane organic compounds by 

98 percent by weight; or

(3) An enclosed combustor designed and operated to either reduce nonmethane organic 

compounds by 98 percent by weight or the outlet nonmethane organic compound concentration 

to 20 parts per million as hexane by volume, dry basis at three percent oxygen, or less.

Source: 23 SDR 106, effective December 29, 1996; 26 SDR 168, effective June 27, 2000; 

30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, 

effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 

2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:39. Existing municipal solid waste landfill operational standards for 

collection and control systems. The owner or operator of an existing municipal solid waste 
landfill that meets the requirements of § 74:36:07:34 shall meet the operational standards for 

collection and control systems in 40 C.F.R. § 60.753 (July 1, 2009 July 1, 2012).

Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999; 

26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, 

effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 

2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:40. Existing municipal solid waste landfill compliance provisions. The owner 

or operator of an existing municipal solid waste landfill that meets the requirements of 

§ 74:36:07:34 shall meet the compliance provisions in 40 C.F.R. § 60.755 (July 1, 2009 July 1, 

2012).

Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999; 

26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, 

effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 

2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.
74:36:07:41. Existing municipal solid waste landfill monitoring provisions. The owner 

or operator of an existing municipal solid waste landfill that meets the requirements of 

§ 74:36:07:34 shall meet the monitoring provisions in 40 C.F.R. § 60.756 (July 1, 2009 July 1, 

2012).

Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999; 

26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, 

effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 

2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:42. Existing municipal solid waste landfill reporting and recordkeeping.

The owner or operator of an existing municipal solid waste landfill that meets the requirements 

of § 74:36:07:34 shall meet the reporting and recordkeeping requirements specified in 40 C.F.R. 

§§ 60.757 and 60.758 (July 1, 2009 July 1, 2012).

Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999; 

26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, 

effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 

2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.
74:36:07:42.01. Additional reporting for existing municipal solid waste landfills. The 

owner or operator of an existing municipal solid waste landfill that meets the requirements of 

subdivisions 74:36:07:34(1) and (2) shall submit an initial nonmethane organic compound 

emission rate report within 90 days of the effective date of EPA's approval of the state's § 111(d) 

plan required in the Clean Air Act and annually or every five years thereafter in accordance with 

40 C.F.R. § 60.757(b) (July 1, 2009 July 1, 2012).

Source: 25 SDR 123, effective April 4, 1999; 26 SDR 168, effective June 27, 2000; 30 

SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, 

effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 

2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18

74:36:07:43. Standards of performance for new municipal solid waste landfills. The 

standards of performance for municipal solid waste landfills that commenced construction, 

reconstruction, or modification on or after May 29, 1991, are those in 40 C.F.R. §§ 60.751 to 

60.759, inclusive, (July 1, 2009 July 1, 2012). Physical or operational changes made to existing 

municipal solid waste landfills solely to comply with §§ 74:36:07:34 to 74:36:07:42, inclusive, 

or activities required by or conducted pursuant to a CERCLA, RCRA, or state remedial action 

are not considered construction, reconstruction, or modification for purposes of this section.
Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999; 

26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, 

effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 

2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:44. Standards of performance for nitric acid plants. The standards of 

performance for nitric acid plants are those in 40 C.F.R. §§ 60.70 to 60.74, inclusive, (July 1, 

2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:45. Standards of performance for sulfuric acid plants. The standards of 

performance for sulfuric acid plants are those in 40 C.F.R. §§ 60.80 to 60.85, inclusive, (July 1, 

2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.
74:36:07:46. Standards of performance for petroleum refineries. The standards of 

performance for petroleum refineries are those in 40 C.F.R. §§ 60.100 to 60.108, inclusive, § 60, 

Subpart J (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:46.01. Standards of performance for petroleum refineries for which 

construction, reconstruction, or modification commenced after May 14, 2007. The standards 

of performance for petroleum refineries for which construction, reconstruction, or modification 

commenced after May 14, 2007, are those in 40 C.F.R. § 60, Subpart Ja, (July 1, 2009 July 1, 

2012).

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

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:47. Standards of performance for secondary lead smelters. The standards of 

performance for secondary lead smelters are those in 40 C.F.R. §§ 60.120 to 60.123, inclusive, 

(July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.
General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:48. Standards of performance for secondary brass and bronze production 

plants. The standards of performance for secondary brass and bronze production plants are those 

in 40 C.F.R. §§ 60.130 to 60.133, inclusive, (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:49. Standards of performance for primary emissions from basic oxygen 

process furnaces for which construction commenced after June 11, 1973. The standards of 

performance for basic oxygen process furnaces are those in 40 C.F.R. §§ 60.140 to 60.144, 

inclusive, (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:50. Standards of performance for secondary emissions from basic oxygen 

process steelmaking facilities for which construction commenced after January 20, 1983.
The standards of performance for basic oxygen process steelmaking facilities are those in 40 

C.F.R. §§ 60.140a to 60.145a, inclusive, (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:51. Standards of performance for primary copper smelter. The standards of 

performance for primary copper smelters are those in 40 C.F.R. §§ 60.160 to 60.166, inclusive, 

(July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:52. Standards of performance for primary zinc smelter. The standards of 

performance for primary zinc smelters are those in 40 C.F.R. §§ 60.170 to 60.176, inclusive, 

(July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.
74:36:07:53. Standards of performance for primary lead smelter. The standards of 

performance for primary lead smelters are those in 40 C.F.R. §§ 60.180 to 60.186, inclusive, 

(July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:54. Standards of performance for primary aluminum reduction plant. The 

standards of performance for primary aluminum reduction plants are those in 40 C.F.R. 

§§ 60.190 to 60.195, inclusive, (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:55. Standards of performance for wet-process phosphoric acid plant. The 

standards of performance for wet-process phosphoric acid plants are those in 40 C.F.R. 

§§ 60.200 to 60.204, inclusive, (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.
74:36:07:56. Standards of performance for superphosphoric acid plant. The standards 

of performance for superphosphoric acid plants are those in 40 C.F.R. §§ 60.210 to 60.214, 

inclusive, (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:57. Standards of performance for diammonium phosphate plant. The 

standards of performance for diammonium phosphate plants are those in 40 C.F.R. §§ 60.220 to 

60.224, inclusive, (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:58. Standards of performance for triple superphosphate plant. The 

standards of performance for triple superphosphate plants are those in 40 C.F.R. §§ 60.230 to 

60.234, inclusive, (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.

74:36:07:59. Standards of performance for granular triple superphosphate storage 

facility. The standards of performance for granular triple superphosphate storage facilities are 

those in 40 C.F.R. §§ 60.240 to 60.244, inclusive, (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:60. Standards of performance for ferroalloy production plant. The standards 

of performance for ferroalloy production plants are those in 40 C.F.R. §§ 60.260 to 60.266, 

inclusive, ( July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:61. Standards of performance for electric arc furnaces and argon-oxygen 

decarburization vessels constructed after August 17, 1983. The standards of performance for 

electric arc furnaces and argon-oxygen decarburization vessels are those in 40 C.F.R. §§ 60.270a 

to 60.276a, inclusive, (July 1, 2009 July 1, 2012).
Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:62. Standards of performance for kraft pulp mills. The standards of 

performance for kraft pulp mills are those in 40 C.F.R. §§ 60.280 to 60.285, inclusive, (July 1, 

2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:63. Standards of performance for glass manufacturing plant. The standards 

of performance for glass manufacturing plants are those in 40 C.F.R. §§ 60.290 to 60.296, 

inclusive, (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:64. Standards of performance for surface coating of metal furniture. The 

standards of performance for surface coating of metal furniture are those in 40 C.F.R. §§ 60.310 

to 60.316, inclusive, (July 1, 2009 July 1, 2012).
Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:65. Standards of performance for lead-acid battery manufacturing plant.

The standards of performance for lead-acid battery manufacturing plants are those in 40 C.F.R. 

§§ 60.370 to 60.374, inclusive, (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:66. Standards of performance for automobile and light duty truck surface 

coating operations. The standards of performance for automobile and light duty truck surface 

coating operations are those in 40 C.F.R. §§ 60.390 to 60.398, inclusive, (July 1, 2009 July 1, 

2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 208, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.
74:36:07:67. Standards of performance for phosphate rock plants. The standards of 

performance for phosphate rock plants are those in 40 C.F.R. §§ 60.400 to 60.404, inclusive, 

(July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:68. Standards of performance for ammonium sulfate manufacture. The 

standards of performance for ammonium sulfate manufacture are those in 40 C.F.R. §§ 60.420 to 

60.424, inclusive, (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

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

appliances. The standards of performance for industrial surface coating of large appliances are 

those in 40 C.F.R. §§ 60.450 to 60.456, inclusive, (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.
74:36:07:70. Standards of performance for metal coil surface coating. The standards 

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

inclusive, (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:71. Standards of performance for asphalt processing and asphalt roofing 

manufacture. The standards of performance for asphalt processing and asphalt roofing 

manufacture are those in 40 C.F.R. §§ 60.470 to 60.474, inclusive, (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:72. Standards of performance for beverage can surface coating industry.

The standards of performance for beverage can surface coating industry are those in 40 C.F.R. 

§§ 60.490 to 60.496, inclusive, (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.

74:36:07:73. Standards of performance for rubber tire manufacturing industry. The 

standards of performance for rubber tire manufacturing industry are those in 40 C.F.R. §§ 60.540 

to 60.548, inclusive, (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 1010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:74. Standards of performance for volatile organic compound emissions 

from polymer manufacturing industry. The standards of performance for polymer 

manufacturing industry are those in 40 C.F.R. §§ 60.560 to 60.566, inclusive, (July 1, 2009 July 

1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:75. Standards of performance for flexible vinyl and urethane coating and 

printing. The standards of performance for flexible vinyl and urethane coating and printing are 

those in 40 C.F.R. §§ 60.580 to 60.585, inclusive, (July 1, 2009 July 1, 2012).
Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:76. Standards of performance for equipment leaks of VOC in petroleum 

refineries. The standards of performance for equipment leaks in petroleum refineries are those in 

40 C.F.R. §§ 60.590 to 60.593, inclusive, (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:76.01. Standards of performance for equipment leaks of VOC in petroleum 

refineries. The standards of performance for equipment leaks in petroleum refineries for which 

construction, reconstruction, or modification commenced after November 7, 2006, are those in 

40 C.F.R. § 60, Subpart GGGa, (July 1, 2009 July 1, 2012).

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

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.
74:36:07:77. Standards of performance for synthetic fiber production facility. The 

standards of performance for synthetic fiber production facilities are those in 40 C.F.R. 

§§ 60.600 to 60.604, inclusive, (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:78. Standards of performance for VOC emissions from synthetic organic 

chemical manufacturing industry air oxidation unit process. The standards of performance 

for synthetic organic chemical manufacturing industry air oxidation unit processes are those in 

40 C.F.R. §§ 60.610 to 60.618, inclusive, (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:79. Standards of performance for equipment leaks of VOC from onshore 

natural gas processing plant. The standards of performance for equipment leaks from onshore 

natural gas processing plants are those in 40 C.F.R. §§ 60.630 to 60.636, inclusive, (July 1, 2009

July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.
General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:80. Standards of performance for onshore natural gas processing. The 

standards of performance for onshore natural gas processing are those in 40 C.F.R. §§ 60.640 to 

60.648, inclusive, (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:81. Standards of performance for wool fiberglass insulation manufacturing 

plant. The standards of performance for wool fiberglass insulation manufacturing plants are 

those in 40 C.F.R. §§ 60.680 to 60.685, inclusive, (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:82. Standards of performance for VOC emissions from petroleum refinery 

wastewater system. The standards of performance for petroleum refinery wastewater systems 

are those in 40 C.F.R. §§ 60.690 to 60.699, inclusive, (July 1, 2009 July 1, 2012).
Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:83. Standards of performance for industrial surface coating -- Surface 

coating of plastic parts for business machines. The standards of performance for the surface 

coating of plastic parts for business machines are those in 40 C.F.R. §§ 60.720 to 60.726, 

inclusive, (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:84. Standards of performance for polymeric coating of supporting 

substrates facility. The standards of performance for polymeric coating of supporting substrates 

facilities are those in 40 C.F.R. §§ 60.740 to 60.748, inclusive, (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:85. Standards of performance for small municipal waste combustion units 

for which construction commenced after August 30, 1999, or modification or 
reconstruction commenced after June 6, 2001. The standards of performance for small 

municipal waste combustion units are those in 40 C.F.R. § 60, Subpart AAAA (July 1, 2009 July 

1, 2012),

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:86. Standards of performance for commercial or industrial solid waste 

incineration units for which construction commenced after November 30, 1999, or 

modification or reconstruction commenced on or after June 1, 2001. The standards of 

performance for commercial solid waste incineration units are those in 40 C.F.R. § 60, Subpart 

CCCC (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:87. Standards of performance for other solid waste incineration units for 

which construction commenced after December 9, 2004, or modification or reconstruction 

commenced on or after June 16, 2006. The standards of performance for other solid waste 

incineration units are those in 40 C.F.R. § 60, Subpart EEEE (July 1, 2009 July 1, 2012).
Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:88. Standards of performance for stationary compression ignition internal 

combustion engines. The standards of performance for stationary compression ignition internal 

combustion engines are those in 40 C.F.R. § 60, Subpart IIII (July 1, 2009 July 1, 2012). A 

source subject to Subpart IIII is exempt from the obligation to obtain a Part 70 operating permit 

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

source is subject to Subpart IIII. Exempted sources must still meet the applicable requirements in 

Subpart IIII.

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:89. Standards of performance for stationary combustion turbines. The 

standards of performance for stationary combustion turbines are those in 40 C.F.R. §§ 60.4300 to 

60.4420, inclusive, (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.
74:36:07:90. Standards of performance for stationary spark ignition internal 

combustion engines. The standards of performance for stationary spark combustion engines are 

those in 40 C.F.R. § 60, Subpart JJJJ (July 1, 2009 July 1, 2012). A source subject to Subpart 

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

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

Subpart JJJJ. Exempted sources must still meet the applicable requirements in Subpart JJJJ.

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

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:91. Standards of performance for nitric acid plants for which construction, 

reconstruction, or modification commenced after October 14, 2011. The standards of 

performance for nitric acid plants are those in 40 C.F.R. § 60, Subpart Ga (July 1, 2012).

Source: 

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:92. Standards of performance for new sewage sludge incineration units.

The standards of performance for new sewage sludge incineration units are those in 40 

C.F.R. § 60, Subpart LLLL (July 1, 2012).
Source: 

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

CHAPTER 74:36:08

NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS

Section

74:36:08:00 Administrator defined.

74:36:08:01 General provisions -- National emission standards for hazardous air pollutants.

74:36:08:02 Emission standards for asbestos air pollutants.

74:36:08:02.01 Emission standards for equipment leaks (fugitive emission sources) of benzene.

74:36:08:02.02 Emission standards for benzene emissions from benzene storage vessels.

74:36:08:02.03 Emission standards for benzene emissions from benzene transfer operations.

74:36:08:02.04 Emission standards for benzene waste operations.

74:36:08:03 General provisions -- National emission standards for hazardous air pollutants 

for source categories.

74:36:08:03.01 Requirements for control technology determinations for major sources in 

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

74:36:08:04 National perchloroethylene air emission standards for dry cleaning facilities.
74:36:08:05 National emission standards for organic hazardous air pollutants from the 

synthetic organic chemical manufacturing industry.

74:36:08:06 National emission standards for organic hazardous air pollutants from synthetic 

organic chemical manufacturing industry process vents, storage vessels, 

transfer operations, and wastewater.

74:36:08:07 National emission standards for organic hazardous air pollutants for equipment 

leaks.

74:36:08:08 National emission standards for organic hazardous air pollutants for certain 

processes subject to negotiated regulations for equipment leaks.

74:36:08:09 National emission standards for chromium emissions from hard and decorative 

chromium electroplating and chromium anodizing tanks.

74:36:08:10 National emission standards for ethylene oxide emissions from sterilization 

facilities.

74:36:08:11 National emission standards for industrial process cooling towers.

74:36:08:12 National emission standards for gasoline distribution facilities (bulk gasoline 

terminals and pipeline breakout stations).

74:36:08:13 National emission standards for halogenated solvent cleaning.

74:36:08:14 National emission standards for wood furniture manufacturing operations.

74:36:08:15 National emission standards for aerospace manufacturing.

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

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

74:36:08:18 National emission standards for surface impoundments.

74:36:08:19 National emission standards for individual drain systems.
74:36:08:20 National emission standards for oil-water separators and organic-water separators.

74:36:08:20.01 National emission standards for closed vent systems, control devices, recovery 

devices, and routing to a fuel gas system or a process.

74:36:08:20.02 National emission standards for equipment leaks.

74:36:08:21 National emission standards for hazardous air pollutants from the portland 

cement manufacturing industry.

74:36:08:22 National emission standards for hazardous air pollutants for pesticide active 

ingredient production.

74:36:08:23 National emission standards for the printing and publishing industry.

74:36:08:24 National emission standards for oil and natural gas production facilities.

74:36:08:25 National emission standards for natural gas transmission and storage facilities.

74:36:08:26 National emission standards for secondary aluminum production.

74:36:08:27 National emission standards for publicly owned treatment works.

74:36:08:28 National emission standards for solvent extraction for vegetable oil production.

74:36:08:29 National emission standards for paper and other web coating.

74:36:08:30 National emission standards for municipal solid waste landfills.

74:36:08:31 National emission standards for surface coating of metal furniture.

74:36:08:32 National emission standards for integrated iron and steel manufacturing facilities.

74:36:08:33 National emission standards for brick and structural clay products manufacturing.

74:36:08:34 National emission standards for asphalt processing and asphalt roofing 

manufacturing.

74:36:08:35 National emission standards for flexible polyurethane foam fabrication 

operations.
74:36:08:36 National emission standards for engine test cells/stands.

74:36:08:37 National emission standards for surface coating of miscellaneous metal parts and 

products.

74:36:08:38 National emission standards for reinforced plastic composites production.

74:36:08:39 National emission standards for stationary combustion turbines.

74:36:08:40 National emission standards for stationary reciprocating internal combustion 

engines.

74:36:08:41 National emission standards for industrial, commercial, and institutional boilers 

and process heaters.

74:36:08:42 National emission standards for polyvinyl chloride and copolymers production.

74:36:08:43 National emission standards for coke oven batteries.

74:36:08:44 National emission standards for pulp and paper industry.

74:36:08:45 National emission standards for group I polymers and resins.

74:36:08:46 National emission standards for epoxy resins production and non-nylon 

polyamides production.

74:36:08:47 National emission standards for secondary lead smelting.

74:36:08:48 National emission standards for phosphoric acid manufacturing plants.

74:36:08:49 National emission standards for phosphate fertilizers production plants.

74:36:08:50 National emission standards for petroleum refineries.

74:36:08:51 National emission standards for off-site waste and recovery operations.

74:36:08:52 National emission standards for magnetic tape manufacturing operations.

74:36:08:53 National emission standards for primary aluminum reduction plants.
74:36:08:54 National emission standards for chemical recovery combustion sources at kraft, 

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

74:36:08:55 National emission standards for ethylene manufacturing process units -- Heat 

exchange systems and waste operations.

74:36:08:56 Generic maximum achievable control technology standards.

74:36:08:57 National emission standards for steel pickling -- HC1 process facilities and 

hydrochloric acid regeneration plants.

74:36:08:58 National emission standards for mineral wool production.

74:36:08:59 National emission standards for hazardous waste combustors.

74:36:08:60 National emission standards for pharmaceutical production.

74:36:08:61 National emission standards for group IV polymers and resins.

74:36:08:62 National emission standards for wool fiberglass production.

74:36:08:63 National emission standards for manufacture of amino/phenolic resins.

74:36:08:64 National emission standards for polyether polyols production.

74:36:08:65 National emission standards for primary copper smelting.

74:36:08:66 National emission standards for primary lead smelting.

74:36:08:67 National emission standards for petroleum refineries -- Catalytic cracking, 

catalytic reforming, and sulfur recovery units.

74:36:08:68 National emission standards for ferroalloy production -- Ferromanganese and 

silicomanganese.

74:36:08:69 National emission standards for the manufacture of nutritional yeast.

74:36:08:70 National emission standards for plywood and composite wood products.

74:36:08:71 National emission standards for non-gasoline organic liquids distribution.
74:36:08:72 National emission standards for miscellaneous organic chemical manufacturing.

74:36:08:73 National emission standards for wet-formed fiberglass mat production.

74:36:08:74 National emission standards for surface coating of automobiles and light duty 

trucks.

74:36:08:75 National emission standards for surface coating of metal cans.

74:36:08:76 National emission standards for surface coating of large appliances.

74:36:08:77 National emission standards for printing, coating, and dyeing of fabrics and 

other textiles.

74:36:08:78 National emission standards for surface coating of plastic parts and products.

74:36:08:79 National emission standards for surface coating of wood building products.

74:36:08:80 National emission standards for surface coating of metal coil.

74:36:08:81 National emission standards for leather finishing operations.

74:36:08:82 National emission standards for cellulose products manufacturing.

74:36:08:83 National emission standards for boat manufacturing.

74:36:08:84 National emission standards for rubber tire manufacturing.

74:36:08:85 National emission standards for lime manufacturing plants.

74:36:08:86 National emission standards for semiconductor manufacturing.

74:36:08:87 National emission standards for coke ovens -- Pushing, quenching, and battery 

stacks.

74:36:08:88 National emission standards for iron and steel foundries.

74:36:08:89 National emission standards for site remediation.

74:36:08:90 National emission standards for miscellaneous coating manufacturing.

74:36:08:91 National emission standards for mercury cell chlor-alkali plants.
74:36:08:92 National emission standards for clay ceramics manufacturing.

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

74:36:08:94 National emission standards for hydrochloric acid production.

74:36:08:95 National emission standards for friction materials manufacturing facilities.

74:36:08:96 National emission standards for taconite iron ore processing.

74:36:08:97 National emission standards for refractory products manufacturing.

74:36:08:98 National emission standards for primary magnesium refining.

74:36:08:99 National emission standards for polyvinyl chloride and copolymers production 

area sources.

74:36:08:100 National emission standards for primary copper smelting area sources.

74:36:08:101 National emission standards for secondary copper smelting area sources.

74:36:08:102 National emission standards for primary nonferrous metals area sources -- Zinc, 

cadmium, and beryllium.

74:36:08:103 National emission standards for hospital ethylene oxide sterilizers.

74:36:08:104 National emission standards for electric arc furnace steelmaking facility area 

sources.

74:36:08:105 National emission standards for iron and steel foundry area sources.

74:36:08:106 National emission standards for gasoline distribution bulk terminals, bulk plants, 

and pipeline facilities.

74:36:08:107 National emission standards for gasoline dispensing facilities.

74:36:08:108 National emission standards for paint stripping and miscellaneous surface 

coating area sources.
74:36:08:109 National emission standards for acrylic and modacrylic fiber production area 

sources.

74:36:08:110 National emission standards for carbon black production area sources.

74:36:08:111 National emission standards for chemical manufacturing area sources --

Chromium compounds.

74:36:08:112 National emission standards for flexible polyurethane foam production and 

fabrication area sources.

74:36:08:113 National emission standards for lead acid battery manufacturing area sources.

74:36:08:114 National emission standards for wood preserving area sources.

74:36:08:115 National emission standards for clay ceramic manufacturing area sources.

74:36:08:116 National emission standards for glass manufacturing area sources.

74:36:08:117 National emission standards for secondary nonferrous metal processing area 

sources.

74:36:08:118 National emission standards for plating and polishing area sources.

74:36:08:119 National emission standards for nine metal fabrication and finishing area 

sources.

74:36:08:120 National emission standards for ferroalloys production area sources.

74:36:08:121 National emission standards for aluminum, copper, and other nonferrous 

foundry area sources.

74:36:08:122 National emission standards for coal- and oil-fired electric utility steam 

generating units.

74:36:08:123 National emission standards for industrial, commercial, and institutional 

boilers area sources.
74:36:08:124 National emission standards for chemical manufacturing area sources.

74:36:08:125 National emission standards for asphalt processing and asphalt roofing 

manufacturing area sources.

74:36:08:126 National emission standards for chemical preparations industry area 

sources.

74:36:08:127 National emission standards paints and allied products manufacturing 

area sources.

74:36:08:128 National emission standards for prepared feeds manufacturing area 

sources.

74:36:08:129 National emission standards for gold mine ore processing and 

production area sources.

74:36:08:130 National emission standards for polyvinyl chloride and copolymers 

production.

74:36:08:01. General provisions -- National emission standards for hazardous air 

pollutants. The general provisions for the national emission standards for hazardous air 

pollutants are those in 40 C.F.R. § 61, Subpart A (July 1, 2009 July 1, 2012).

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 

SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999; 26 SDR 168, 

effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 
2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 

207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

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

74:36:08:02. Emission standards for asbestos air pollutants. The emission standards 

for asbestos air pollutants are those in 40 C.F.R. § 61, Subpart M (July 1, 2009 July 1, 2012).

Source: 11 SDR 151, effective May 12, 1985; 13 SDR 129, 13 SDR 141, effective July 1, 

1987; 14 SDR 72, effective November 24, 1987; 17 SDR 170, effective May 13, 1991; 18 SDR 

95, effective December 2, 1991; transferred from § 74:26:22:02, 19 SDR 157, effective April 22, 

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

SDR 123, effective April 4, 1999; 26 SDR 168, effective July 27, 2000; 30 SDR 26, effective 

September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 

2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

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

74:36:08:02.01. Emission standards for equipment leaks (fugitive emission sources) 

of benzene. The emission standards for equipment leaks of benzene are those in 40 C.F.R. § 61 

Subpart J (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.
General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:02.02. Emission standards for benzene emissions from benzene storage 

vessels. The emission standards for benzene emissions from benzene storage vessels are those in 

40 C.F.R. § 61, Subpart Y (July 1, 2009 July 1, 2012).

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

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:02.03. Emission standards for benzene emissions from benzene transfer 

operations. The emission standards for benzene emissions from benzene transfer operations are 

those in 40 C.F.R. § 61, Subpart BB (July 1, 2009 July 1, 2012).

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

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:02.04. Emission standards for benzene waste operations. The emission 

standards for benzene waste operations equipment leaks of benzene are those in 40 C.F.R. § 61, 

Subpart FF (July 1, 2009 July 1, 2012).
Source: 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:03. General provisions -- National emission standards for hazardous air 

pollutants for source categories. The general provisions for the national emission standards for 

hazardous air pollutants for source categories are those in 40 C.F.R. § 63 Subpart A (July 1, 2009

July 1, 2012).

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

1996; 25 SDR 123, effective April 4, 1999; 26 SDR 168, effective June 27, 2000; 30 SDR 26, 

effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 

13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

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

74:36:08:03.01. Requirements for control technology determinations for major 

sources in accordance with Clean Air Act sections 112(g) and 112(j). The provisions for 

control technology determinations for major sources in accordance with Clean Air Act sections 

112(g) and 112(j) are those in 40 C.F.R. § 63, Subpart B (July 1, 2009 July 1, 2012).

Source: 25 SDR 123, effective April 4, 1999; 26 SDR 168, effective June 27, 2000; 30 

SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, 
effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 

2010.

General Authority: SDCL 34A-1-6.

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

74:36:08:04. National perchloroethylene air emission standards for dry cleaning 

facilities. The national perchloroethylene air emission standards for dry cleaning facilities are 

those in 40 C.F.R. § 63, Subpart M (July 1, 2009 July 1, 2012). A source that operates a unit 

subject to Subpart M is exempt from the obligation to obtain a Part 70 operating permit if the 

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

subject to Subpart M. Exempted sources must still meet the applicable requirements in Subpart 

M.

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

1996; 25 SDR 123, effective April 4, 1999; 26 SDR 168, effective June 27, 2000; 30 SDR 26, 

effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 

13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

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

Cross-Reference: Complete application, § 74:36:05:09.
74:36:08:05. National emission standards for organic hazardous air pollutants from 

the synthetic organic chemical manufacturing industry. The national emission standards for 

organic hazardous air pollutants from the synthetic organic chemical manufacturing industry are 

those in 40 C.F.R. § 63, Subpart F (July 1, 2009 July 1, 2012).

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

1996; 25 SDR 123, effective April 4, 1999; 26 SDR 168, effective June 27, 2000; 30 SDR 26, 

effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 

13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

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

74:36:08:06. National emission standards for organic hazardous air pollutants from 

synthetic organic chemical manufacturing industry process vents, storage vessels, transfer 

operations, and wastewater. The national emission standards for organic hazardous air 

pollutants from synthetic organic chemical manufacturing industry process vents, storage 

vessels, transfer operations, and wastewater are those in 40 C.F.R. § 63, Subpart G (July 1, 2009

July 1, 2012).

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

1996; 25 SDR 123, effective April 4, 1999; 26 SDR 168, effective June 27, 2000; 30 SDR 26, 

effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 

13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.
General Authority: SDCL 34A-1-6.

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

74:36:08:07. National emission standards for organic hazardous air pollutants for 

equipment leaks. The national emission standards for organic hazardous air pollutants for 

equipment leaks are those in 40 C.F.R. § 63, Subpart H (July 1, 2009 July 1, 2012).

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

1996; 25 SDR 123, effective April 4, 1999; 26 SDR 168, effective June 27, 2000; 30 SDR 26, 

effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 

13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

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

74:36:08:08. National emission standards for organic hazardous air pollutants for 

certain processes subject to negotiated regulations for equipment leaks. The national 

emission standards for organic hazardous air pollutants for certain processes subject to the 

negotiated regulations for equipment leaks are those in 40 C.F.R. § 63, Subpart I (July 1, 2009

July 1, 2012).

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

1996; 25 SDR 123, effective April 4, 1999; 26 SDR 168, effective June 27, 2000; 30 SDR 26, 
effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 

13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

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

74:36:08:09. National emission standards for chromium emissions from hard and 

decorative chromium electroplating and chromium anodizing tanks. The national emission 

standards for hard and decorative chromium electroplating and chromium anodizing tanks are 

those in 40 C.F.R. § 63, Subpart N (July 1, 2009 July 1, 2012). An area source that operates a 

unit subject to Subpart N is exempt from the obligation to obtain a Part 70 operating permit if the 

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

subject to Subpart N. Exempted sources must still meet the applicable requirements in Subpart 

N.

Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999; 

26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, 

effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 

2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

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

Cross-Reference: Operating permits for part 70 sources, § 74:36:05.
74:36:08:10. National emission standards for ethylene oxide emissions from 

sterilization facilities. The national emission standards for ethylene oxide from sterilization 

facilities are those in 40 C.F.R. § 63, Subpart O (July 1, 2009 July 1, 2012). A source that 

operates a unit subject to Subpart O is exempt from the obligation to obtain a Part 70 operating 

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

the source is subject to Subpart O. Exempted sources must still meet the applicable requirements 

in Subpart O.

Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999; 

26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101,

effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 

2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

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

74:36:08:11. National emission standards for industrial process cooling towers. The 

national emission standards for industrial process cooling towers are those in 40 C.F.R. § 63, 

Subpart Q (July 1, 2009 July 1, 2012). A source that operates a unit subject to Subpart Q is 

exempt from the obligations to obtain a Part 70 operating permit if the source is not required to 

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

Exempted sources must still meet the applicable requirements in Subpart Q.
Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999; 

26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, 

effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 

2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

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

74:36:08:12. National emission standards for gasoline distribution facilities (bulk 

gasoline terminals and pipeline breakout stations). The national emission standards for 

gasoline distribution facilities (bulk gasoline terminals and pipeline breakout stations) are those 

in 40 C.F.R. § 63, Subpart R (July 1, 2009 July 1, 2012).

Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999; 

30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, 

effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 

2010.

General Authority: SDCL 34A-1-6.

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

74:36:08:13. National emission standards for halogenated solvent cleaning. The 

national emission standards for halogenated solvent cleaning are those in 40 C.F.R. § 63, Subpart 

T (July 1, 2009 July 1, 2012). An area source that operates a unit subject to Subpart T is exempt 

from the obligation to obtain a Part 70 operating permit if the source is not required to obtain a 
Part 70 operating permit for a reason other than the source is subject to Subpart T. Exempted 

sources must still meet the applicable requirements in Subpart T.

Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999; 

26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, 

effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 

2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

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

74:36:08:14. National emission standards for wood furniture manufacturing 

operations. The national emission standards for wood furniture manufacturing operations are 

those in 40 C.F.R. § 63, Subpart JJ (July 1, 2009 July 1, 2012).

Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999; 

26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, 

effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 

2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.
74:36:08:15. National emission standards for aerospace manufacturing. The national 

emission standards for aerospace manufacturing are those in 40 C.F.R. § 63, Subpart GG (July 1, 

2009 July 1, 2012).

Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999; 

26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, 

effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 

2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

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

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

for tanks -- level 1 are those in 40 C.F.R. § 63, Subpart OO (July 1, 2009 July 1, 2012). The 

national emission standards for tanks -- level 2 are those in 40 C.F.R. § 63, Subpart OO WW

(July 1, 2009 July 1, 2012).

Source: 25 SDR 123, effective April 4, 1999; 30 SDR 26, effective September 1, 2003; 31 

SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, 

effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.
74:36:08:17. National emission standards for containers. The national emission 

standards for containers are those in 40 C.F.R. § 63, Subpart PP (July 1, 2009 July 1, 2012).

Source: 25 SDR 123, effective April 4, 1999; 30 SDR 26, effective September 1, 2003; 31 

SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, 

effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

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

74:36:08:18. National emission standards for surface impoundments. The national 

emission standards for surface impoundments are those in 40 C.F.R. § 63, Subpart QQ (July 1, 

2009 July 1, 2012).

Source: 25 SDR 123, effective April 4, 1999; 30 SDR 26, effective September 1, 2003; 31 

SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, 

effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

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

74:36:08:19. National emission standards for individual drain systems. The national 

emission standards for individual drain systems are those in 40 C.F.R. § 63, Subpart RR (July 1, 

2009 July 1, 2012).
Source: 25 SDR 123, effective April 4, 1999; 30 SDR 26, effective September 1, 2003; 31 

SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, 

effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

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

74:36:08:20. National emission standards for oil-water separators and organic-water 

separators. The national emission standards for oil-water separators and organic-water 

separators are those in 40 C.F.R. § 63, Subpart VV (July 1, 2009 July 1, 2012).

Source: 25 SDR 123, effective April 4, 1999; 30 SDR 26, effective September 1, 2003; 31 

SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, 

effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

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

74:36:08:20.01. National emission standards for closed vent systems, control devices, 

recovery devices, and routing to a fuel gas system or a process. The national emission 

standards for closed vent systems, control devices, recovery devices, and routing to a fuel gas 

system or a process are those in 40 C.F.R. § 63, Subpart SS (July 1, 2009 July 1, 2012).
Source: 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 

32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, 

effective June 28, 2010.

General Authority: SDCL 34A-1-6.

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

74:36:08:20.02. National emission standards for equipment leaks. The national 

emission standards for equipment leaks -- control level 1 are those in 40 C.F.R. § 63, Subpart TT 

(July 1, 2009 July 1, 2012). The national emission standards for equipment leaks -- control level 

2 are those in 40 C.F.R. § 63, Subpart UU (July 1, 2009 July 1, 2012).

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

32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, 

effective June 28, 2010.

General Authority: SDCL 34A-1-6.

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

74:36:08:21. National emission standards for hazardous air pollutants from the 

portland cement manufacturing industry. The national emission standards for the portland 

cement manufacturing industry are those in 40 C.F.R. § 63, Subpart LLL (July 1, 2009 July 1, 

2012).
Source: 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 

SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, 

effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

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

74:36:08:22. National emission standards for hazardous air pollutants for pesticide 

active ingredient production. The national emission standards for pesticide active ingredient 

production are those in 40 C.F.R. § 63, Subpart MMM (July 1, 2009 July 1, 2012).

Source: 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 

SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, 

effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

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

74:36:08:23. National emission standards for the printing and publishing industry.

The national emission standards for the printing and publishing industry are those in 40 C.F.R. 

§ 63, Subpart KK (July 1, 2009 July 1, 2012).

Source: 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 

SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, 

effective June 13, 2007; 36 SDR 207, effective June 28, 2010.
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, 2009 July 1, 2012). A source that operates a unit subject to 

Subpart HH is exempt from the obligation to obtain a Part 70 operating permit if the unit is not 

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

for a reason other than the source is subject to Subpart HH. Exempted sources must still meet the 

applicable requirements in Subpart HH.

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

32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, 

effective June 28, 2010.

General Authority: SDCL 34A-1-6.

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

74:36:08:25. National emission standards for natural gas transmission and storage 

facilities. The national emission standards for natural gas transmission and storage facilities are 

those in 40 C.F.R. § 63, Subpart HHH (July 1, 2009 July 1, 2012).
Source: 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 

32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, 

effective June 28, 2010.

General Authority: SDCL 34A-1-6.

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

74:36:08:26. National emission standards for secondary aluminum production. The 

national emission standards for secondary aluminum production are those in 40 C.F.R. § 63, 

Subpart RRR (July 1, 2009 July 1, 2012).

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

32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, 

effective June 28, 2010.

General Authority: SDCL 34A-1-6.

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

74:36:08:27. National emission standards for publicly owned treatment works. The 

national emission standards for publicly owned treatment works are those in 40 C.F.R. § 63, 

Subpart VVV (July 1, 2009 July 1, 2012).

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

32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, 

effective June 28, 2010.
General Authority: SDCL 34A-1-6.

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

74:36:08:28. National emission standards for solvent extraction for vegetable oil 

production. The national emission standards for solvent extraction of vegetable oil production 

are those in 40 C.F.R. § 63, Subpart GGGG (July 1, 2009 July 1, 2012).

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

32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, 

effective June 28, 2010.

General Authority: SDCL 34A-1-6.

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

74:36:08:29. National emission standards for paper and other web coating. The 

national emission standards for paper and other web coating are those in 40 C.F.R. § 63, Subpart 

JJJJ (July 1, 2009 July 1, 2012).

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

32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, 

effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.
74:36:08:30. National emission standards for municipal solid waste landfills. The 

national emission standards for municipal solid waste landfills are those in 40 C.F.R. § 63, 

Subpart AAAA (July 1, 2009 July 1, 2012).

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

32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, 

effective June 28, 2010.

General Authority: SDCL 34A-1-6.

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

74:36:08:31. National emission standards for surface coating of metal furniture. The 

national emission standards for surface coating of metal furniture are those in 40 C.F.R. § 63, 

Subpart RRRR (July 1, 2009 July 1, 2012).

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

SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

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

74:36:08:32. National emission standards for integrated iron and steel 

manufacturing facilities. The national emission standards for integrated iron and steel 

manufacturing are those in 40 C.F.R. § 63, Subpart FFFFF (July 1, 2009 July 1, 2012).
Source: 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 

SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

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

74:36:08:33. National emission standards for brick and structural clay products 

manufacturing. The national emission standards for brick and structural clay products 

manufacturing are those in 40 C.F.R. § 63, Subpart JJJJJ (July 1, 2009 July 1, 2012).

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

SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

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

74:36:08:34. National emission standards for asphalt processing and asphalt roofing 

manufacturing. The national emission standards for asphalt processing and asphalt roofing 

manufacturing are those in 40 C.F.R. § 63, Subpart LLLLL (July 1, 2009 July 1, 2012).

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

SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.
74:36:08:35. National emission standards for flexible polyurethane foam fabrication 

operations. The national emission standards for flexible polyurethane foam fabrication 

operations are those in 40 C.F.R. § 63, Subpart MMMMM (July 1, 2009 July 1, 2012).

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

SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

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

74:36:08:36. National emission standards for engine test cells/stands. The national 

emission standards for engine test cells/stands are those in 40 C.F.R. § 63, Subpart PPPPP (July 

1, 2009 July 1, 2012).

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

SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010

General Authority: SDCL 34A-1-6.

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

74:36:08:37. National emission standards for surface coating of miscellaneous metal 

parts and products. The national emission standards for surface coating of miscellaneous metal 

parts and products as published in 40 C.F.R. § 63, Subpart MMMM (July 1, 2009 July 1, 2012).
Source: 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 

SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

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

74:36:08:38. National emission standards for reinforced plastic composites 

production. The national emission standards for reinforced plastic composites production are 

those in 40 C.F.R. § 63, Subpart WWWW (July 1, 2009 July 1, 2012).

Source: 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 

SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

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

74:36:08:39. National emission standards for stationary combustion turbines. The 

national emission standards for stationary combustion turbines are those in 40 C.F.R. § 63, 

Subpart YYYY (July 1, 2009 July 1, 2012).

Source: 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 

SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.
74:36:08:40. National emission standards for stationary reciprocating internal 

combustion engines. The national emission standards for stationary reciprocating internal 

combustion engines are those in 40 C.F.R. § 63, Subpart ZZZZ (July 1, 2009 July 1, 2012).

Source: 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 

SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

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

74:36:08:41. National emission standards for industrial, commercial, and 

institutional boilers and process heaters. The national emission standards for industrial, 

commercial, and institutional boilers and process heaters are those in 40 C.F.R. § 63, Subpart 

DDDDD (July 1, 2009 July 1, 2012).

Source: 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 

SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

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

74:36:08:42. National emission standards for polyvinyl chloride and copolymers 

production. The national emission standards for polyvinyl chloride and copolymers production 

are those in 40 C.F.R. § 63, Subpart J (July 1, 2009 July 1, 2012).
Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:43. National emission standards for coke oven batteries. The national 

emission standards for coke oven batteries are those in 40 C.F.R. § 63, Subpart L, (July 1, 2009

July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:44. National emission standards for pulp and paper industry. The national 

emission standards for pulp and paper industry are those in 40 C.F.R. § 63, Subpart S, (July 1, 

2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:45. National emission standards for group I polymers and resins. The 

national emission standards for group I polymers and resins are those in 40 C.F.R. § 63, Subpart 

U, (July 1, 2009 July 1, 2012).
Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:46. National emission standards for epoxy resins production and non-nylon 

polyamides production. The national emission standards for epoxy resins production and nonnylon polyamides production are those in 40 C.F.R. § 63, Subpart W, (July 1, 2009 July 1, 

2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:47. National emission standards for secondary lead smelting. The national 

emission standards for secondary lead smelting are those in 40 C.F.R. § 63, Subpart X (July 1, 

2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.
74:36:08:48. National emission standards for phosphoric acid manufacturing plants.

The national emission standards for phosphoric acid manufacturing plants are those in 40 C.F.R. 

§ 63, Subpart AA (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:49. National emission standards for phosphate fertilizers production plants.

The national emission standards for phosphate fertilizers production plants are those in 40 C.F.R. 

§ 63, Subpart BB (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:50. National emission standards for petroleum refineries. The national 

emission standards for petroleum refineries are those in 40 C.F.R. § 63, Subpart CC (July 1, 

2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.
74:36:08:51. National emission standards for off-site waste and recovery operations.

The national emission standards for off-site waste and recovery operations are those in 40 C.F.R. 

§ 63, Subpart DD (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:52. National emission standards for magnetic tape manufacturing 

operations. The national emission standards for magnetic tape manufacturing operations are 

those in 40 C.F.R. § 63, Subpart EE (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:53. National emission standards for primary aluminum reduction plants.

The national emission standards for primary aluminum reduction plants are those in 40 C.F.R. 

§ 63, Subpart LL (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.

74:36:08:54. National emission standards for chemical recovery combustion sources 

at kraft, soda, sulfite, and stand-alone semichemical pulp mills. The national emission 

standards for chemical recovery combustion sources at kraft, soda, sulfite, and stand-alone 

semichemical pulp mills are those in 40 C.F.R. § 63, Subpart MM (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:55. National emission standards for ethylene manufacturing process units --

Heat exchange systems and waste operations. The national emission standards for heat 

exchange systems and waste operations are those in 40 C.F.R. § 63, Subpart XX (July 1, 2009

July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:56. Generic maximum achievable control technology standards. The generic 

maximum achievable control technology standards are those in 40 C.F.R. § 63, Subpart YY (July 

1, 2009 July 1, 2012).
Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:57. National emission standards for steel pickling -- HC1 process facilities 

and hydrochloric acid regeneration plants. The national emission standards for HC1 process 

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

(July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:58. National emission standards for mineral wool production. The national 

emission standards for mineral wool production are those in 40 C.F.R. § 63, Subpart DDD (July 

1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.
74:36:08:59. National emission standards for hazardous waste combusters. The 

national emission standards for hazardous waste combusters are those in 40 C.F.R. § 63, Subpart 

EEE (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:60. National emission standards for pharmaceutical production. The 

national emission standards for pharmaceutical production are those in 40 C.F.R. § 63, Subpart 

GGG (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:61. National emission standards for group IV polymers and resins. The 

national emission standards for group IV polymers and resins are those in 40 C.F.R. § 63, 

Subpart JJJ (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.
74:36:08:62. National emission standards for wool fiberglass production. The national 

emission standards for wool fiberglass production are those in 40 C.F.R. § 63, Subpart NNN 

(July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:63. National emission standards for manufacture of amino/phenolic resins.

The national emission standards for the manufacture of amino/phenolic resins are those in 40 

C.F.R. § 63, Subpart OOO (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:64. National emission standards for polyether polyols production. The 

national emission standards for polyether polyols production are those in 40 C.F.R. § 63, Subpart 

PPP (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.

74:36:08:65. National emission standards for primary copper smelting. The national 

emission standards for primary copper smelting are those in 40 C.F.R. § 63, Subpart QQQ (July 

1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:66. National emission standards for primary lead smelting. The national 

emission standards for primary lead smelting are those in 40 C.F.R. § 63, Subpart TTT (July 1, 

2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:67. National emission standards for petroleum refineries -- Catalytic 

cracking, catalytic reforming, and sulfur recovery units. The national emission standards for 

catalytic cracking, catalytic reforming, and sulfur recovery units at petroleum refineries are those 

in 40 C.F.R. § 63, Subpart UUU (July 1, 2009 July 1, 2012).
Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:68. National emission standards for ferroalloy production --

Ferromanganese and silicomanganese. The national emission standards for ferromanganese 

and silicomanganese production are those in 40 C.F.R. § 63, Subpart XXX (July 1, 2009 July 1, 

2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:69. National emission standards for the manufacture of nutritional yeast.

The national emission standards for the manufacture of nutritional yeast are those in 40 C.F.R. 

§ 63, Subpart CCCC (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.
74:36:08:70. National emission standards for plywood and composite wood products.

The national emission standards for plywood and composite wood products are those in 40 

C.F.R. § 63, Subpart DDDD (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:71. National emission standards for non-gasoline organic liquids 

distribution. The national emission standards for non-gasoline organic liquids distribution are 

those in 40 C.F.R. § 63, Subpart EEEE (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:72. National emission standards for miscellaneous organic chemical 

manufacturing. The national emission standards for miscellaneous organic chemical 

manufacturing are those in 40 C.F.R. § 63, Subpart FFFF (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.
74:36:08:73. National emission standards for wet-formed fiberglass mat production.

The national emission standards for wet-formed fiberglass mat production are those in 40 C.F.R. 

§ 63, Subpart HHHH (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:74. National emission standards for surface coating of automobiles and 

light duty trucks. The national emission standards for surface coating of automobiles and light 

duty trucks are those in 40 C.F.R. § 63, Subpart IIII (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:75. National emission standards for surface coating of metal cans. The 

national emission standards for surface coating of metal cans are those in 40 C.F.R. § 63, Subpart 

KKKK (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.

74:36:08:76. National emission standards for surface coating of large appliances. The 

national emission standards for surface coating of large appliances are those in 40 C.F.R. § 63, 

Subpart NNNN (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:77. National emission standards for printing, coating, and dyeing of fabrics 

and other textiles. The national emission standards for printing, coating, and dyeing of fabrics 

and other textiles are those in 40 C.F.R. § 63, Subpart OOOO (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:78. National emission standards for surface coating of plastic parts and 

products. The national emission standards for surface coating of plastic parts and products are 

those in 40 C.F.R. § 63, Subpart PPPP (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.
General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:79. National emission standards for surface coating of wood building 

products. The national emission standards for surface coating of wood building products are 

those in 40 C.F.R. § 63, Subpart QQQQ (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:80. National emission standards for surface coating of metal coil. The 

national emission standards for surface coating of metal coil are those in 40 C.F.R. § 63, Subpart 

SSSS (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:81. National emission standards for leather finishing operations. The 

national emission standards for leather finishing operations are those in 40 C.F.R. § 63, Subpart 

TTTT (July 1, 2009 July 1, 2012).
Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:82. National emission standards for cellulose products manufacturing. The 

national emission standards for cellulose products manufacturing are those in 40 C.F.R. § 63, 

Subpart UUUU (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:83. National emission standards for boat manufacturing. The national 

emission standards for boat manufacturing are those in 40 C.F.R. § 63, Subpart VVVV (July 1, 

2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:84. National emission standards for rubber tire manufacturing. The national 

emission standards for rubber tire manufacturing are those in 40 C.F.R. § 63, Subpart XXXX 

(July 1, 2009 July 1, 2012).
Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:85. National emission standards for lime manufacturing plants. The national 

emission standards for lime manufacturing plants are those in 40 C.F.R. § 63, Subpart AAAAA 

(July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:86. National emission standards for semiconductor manufacturing. The 

national emission standards for semiconductor manufacturing are those in 40 C.F.R. § 63, 

Subpart BBBBB (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.
74:36:08:87. National emission standards for coke ovens -- Pushing, quenching, and 

battery stacks. The national emission standards for coke ovens are those in 40 C.F.R. § 63, 

Subpart CCCCC (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:88. National emission standards for iron and steel foundries. The national 

emission standards for iron and steel foundries are those in 40 C.F.R. § 63, Subpart EEEEE (July 

1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:89. National emission standards for site remediation. The national emission 

standards for site remediation are those in 40 C.F.R. § 63, Subpart GGGGG (July 1, 2009 July 1, 

2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.
74:36:08:90. National emission standards for miscellaneous coating manufacturing.

The national emission standards for miscellaneous coating manufacturing are those in 40 C.F.R. 

§ 63, Subpart HHHHH (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:91. National emission standards for mercury cell chlor-alkali plants. The 

national emission standards for mercury cell chlor-alkali plants are those in 40 C.F.R. § 63, 

Subpart IIIII (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:92. National emission standards for clay ceramics manufacturing. The 

national emission standards for clay ceramics manufacturing are those in 40 C.F.R. § 63, Subpart 

KKKKK (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.

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

The national emission standards for flexible polyurethane foam production are those in 40 C.F.R. 

§ 63, Subpart III (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:94. National emission standards for hydrochloric acid production. The 

national emission standards for hydrochloric acid production are those in 40 C.F.R. § 63, Subpart 

NNNNN (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:95. National emission standards for friction materials manufacturing 

facilities. The national emission standards for friction materials manufacturing facilities are 

those in 40 C.F.R. § 63, Subpart QQQQQ (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.
General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:96. National emission standards taconite iron ore processing. The national 

emission standards for taconite iron ore processing are those in 40 C.F.R. § 63, Subpart RRRRR 

(July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:97. National emission standards for refractory products manufacturing.

The national emission standards for refractory products manufacturing are those in 40 C.F.R. 

§ 63, Subpart SSSSS (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:98. National emission standards for primary magnesium refining. The 

national emission standards for primary magnesium refining are those in 40 C.F.R. § 63, Subpart 

TTTTT (July 1, 2009 July 1, 2012).
Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:99. National emission standards for polyvinyl chloride and copolymers 

production area sources. The national emission standards for polyvinyl chloride and 

copolymers production area sources are those in 40 C.F.R. § 63, Subpart DDDDDD (July 1, 

2009 July 1, 2012). A source that operates a unit subject to Subpart DDDDDD is exempt from 

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

operating permit for a reason other than the source is subject to Subpart DDDDDD. Exempted 

sources must still meet the applicable requirements in Subpart DDDDDD.

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:100. National emission standards for primary copper smelting area sources.

The national emission standards for primary copper smelting area sources are those in 40 C.F.R. 

§ 63, Subpart EEEEEE (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.
74:36:08:101. National emission standards for secondary copper smelting area 

sources. The national emission standards for secondary copper smelting area sources are those in 

40 C.F.R. § 63, Subpart FFFFFF (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:102. National emission standards for primary nonferrous metals area 

sources -- Zinc, cadmium, and beryllium. The national emission standards for primary 

nonferrous metals area sources are those in 40 C.F.R. § 63, Subpart GGGGGG (July 1, 2009

July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:103. National emission standards for hospital ethylene oxide sterilizers. The 

national emission standards for hospital ethylene oxide sterilizers are those in 40 C.F.R. § 63, 

Subpart WWWWW (July 1, 2009 July 1, 2012). A source that operates a unit subject to Subpart 

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

required to obtain a Part 70 operating permit for a reason other than the source is subject to 
Subpart WWWWW. Exempted sources must still meet the applicable requirements in Subpart 

WWWWW.

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

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:104. National emission standards for electric arc furnace steelmaking 

facility area sources. The national emission standards for area sources -- electric arc furnace 

steelmaking facilities are those in 40 C.F.R. § 63, Subpart YYYYY July 1, 2009 July 1, 2012) 

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

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:105. National emission standards for iron and steel foundry area sources.

The national emission standards for iron and steel foundry area sources are those in 40 C.F.R. 

§ 63, Subpart ZZZZZ (July 1, 2009 July 1, 2012). A source that operates a unit subject to 

Subpart ZZZZZ is exempt from the obligation to obtain a Part 70 operating permit if the source 

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

Subpart ZZZZZ. Exempted sources must still meet the applicable requirements in Subpart 

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

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:106. National emission standards for gasoline distribution bulk terminals, 

bulk plants, and pipeline facilities. The national emission standards for gasoline distribution 

bulk terminals, bulk plants, and pipeline facilities are those in 40 C.F.R. § 63, Subpart BBBBBB 

(July 1, 2009 July 1, 2012). A source that operates a unit subject to Subpart BBBBBB is exempt 

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

Part 70 operating permit for a reason other than the source is subject to Subpart BBBBBB. 

Exempted sources must still meet the applicable requirements in Subpart BBBBBB

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

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:107. National emission standards for gasoline dispensing facilities. The 

national emission standards for gasoline dispensing facilities are those in 40 C.F.R. § 63, Subpart 

CCCCCC (July 1, 2009 July 1, 2012). A source that operates a unit subject to Subpart CCCCCC 

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

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

CCCCCC. Exempted sources must still meet the applicable requirements in Subpart CCCCCC.
Source: 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:108. National emission standards for paint stripping and miscellaneous 

surface coating area sources. The national emission standards for paint stripping and 

miscellaneous coating area sources are those in 40 C.F.R. § 63, Subpart HHHHHH (July 1, 2009

July 1, 2012). A source that operates a unit subject to Subpart HHHHHH is exempt from the 

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

operating permit for a reason other than the source is subject to Subpart HHHHHH. Exempted 

sources must still meet the applicable requirements in Subpart HHHHHH.

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

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:109. National emission standards for acrylic and modacrylic fiber 

production area sources. The national emission standards for acrylic and modacrylic fiber 

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

2012). A source that operates a unit subject to Subpart LLLLLL is exempt from the obligation to 

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

for a reason other than the source is subject to Subpart LLLLLL. Exempted sources must still 

meet the applicable requirements in Subpart LLLLLL.
Source: 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:110. National emission standards for carbon black production area sources.

The national emission standards for carbon black production area sources are those in 40 C.F.R. 

§ 63, Subpart MMMMMM (July 1, 2009 July 1, 2012).

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

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:111. National emission standards for chemical manufacturing area sources 

-- Chromium compounds. The national emission standards for chemical manufacturing area 

sources -- chromium compounds are those in 40 C.F.R. § 63, Subpart NNNNNN (July 1, 2009

July 1, 2012). A source that operates a unit subject to Subpart NNNNNN is exempt from the 

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

operating permit for a reason other than the source is subject to Subpart NNNNNN. Exempted 

sources must still meet the applicable requirements in Subpart NNNNNN.

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

General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.

74:36:08:112. National emission standards for flexible polyurethane foam production 

and fabrication area sources. The national emission standards for flexible polyurethane foam 

production and fabrication area sources are those in 40 C.F.R. § 63, Subpart OOOOOO (July 1, 

2009 July 1, 2012). A source that operates a unit subject to Subpart OOOOOO is exempt from 

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

operating permit for a reason other than the source is subject to Subpart OOOOOO. Exempted 

sources must still meet the applicable requirements in Subpart OOOOOO.

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

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:113. National emission standards for lead acid battery manufacturing area 

sources. The national emission standards for lead acid battery manufacturing area sources are 

those in 40 C.F.R. § 63, Subpart PPPPPP (July 1, 2009 July 1, 2012). A source that operates a 

unit subject to Subpart PPPPPP is exempt from the obligation to obtain a Part 70 operating 

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

the source is subject to Subpart PPPPPP. Exempted sources must still meet the applicable 

requirements in Subpart PPPPPP.

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

Law Implemented: SDCL 34A-1-18.

74:36:08:114. National emission standards for wood preserving area sources. The 

national emission standards for wood preserving area sources are those in 40 C.F.R. § 63, 

Subpart QQQQQQ (July 1, 2009 July 1, 2012). A source that operates a unit subject to Subpart 

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

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

Subpart QQQQQQ. Exempted sources must still meet the applicable requirements in Subpart 

QQQQQQ.

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

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:115. National emission standards for clay ceramic manufacturing area 

sources. The national emission standards for clay ceramic manufacturing area sources are those 

in 40 C.F.R. § 63, Subpart RRRRRR (July 1, 2009 July 1, 2012). A source that operates a unit 

subject to Subpart RRRRRR is exempt from the obligation to obtain a Part 70 operating permit if 

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

is subject to Subpart RRRRRR. Exempted sources must still meet the applicable requirements in 

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

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 July 1, 2012).

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

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 July 1, 

2012). A source that operates a unit subject to Subpart TTTTTT is exempt from the obligation to 

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

for a reason other than the source is subject to Subpart TTTTTT. Exempted sources must still 

meet the applicable requirements in Subpart TTTTTT.

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

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.
74:36:08:118. National emission standards for plating and polishing area sources.

The national emission standards for plating and polishing area sources are those in 40 C.F.R. 

§ 63, Subpart WWWWWW (July 1, 2009 July 1, 2012). A source that operates a unit subject to 

Subpart WWWWWW is exempt from the obligation to obtain a Part 70 operating permit if the 

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

subject to Subpart WWWWWW. Exempted sources must still meet the applicable requirements 

in Subpart WWWWWW.

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

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:119. National emission standards for nine metal fabrication and finishing 

area sources. The national emission standards for nine fabrication and finishing area sources are 

those in 40 C.F.R. § 63, Subpart XXXXXX (July 1, 2009 July 1, 2012). A source that operates a 

unit subject to Subpart XXXXXX is exempt from the obligation to obtain a Part 70 operating 

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

the source is subject to Subpart XXXXXX. Exempted sources must still meet the applicable 

requirements in Subpart XXXXXX.

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

General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.

74:36:08:120. National emission standards for ferroalloys production area sources.

The national emission standards for ferroalloys production area sources are those in 40 C.F.R. 

§ 63, Subpart YYYYYY (July 1, 2009 July 1, 2012). A source that operates a unit subject to 

Subpart YYYYYY is exempt from the obligation to obtain a Part 70 operating permit if the 

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

subject to Subpart YYYYYY. Exempted sources must still meet the applicable requirements in 

Subpart YYYYYY.

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

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:121. National emission standards for aluminum, copper, and other 

nonferrous foundry area sources. The national emission standards for aluminum, copper, and 

other nonferrous foundry area sources are those in 40 C.F.R. § 63, Subpart ZZZZZZ (July 1, 

2009 July 1, 2012). A source that operates a unit subject to Subpart ZZZZZZ is exempt from the 

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

operating permit for a reason other than the source is subject to Subpart ZZZZZZ. Exempted 

sources must still meet the applicable requirements in Subpart ZZZZZZ.

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

Law Implemented: SDCL 34A-1-18.

74:36:08:122. National emission standards for coal- and oil-fired electric utility 

steam generating units. The national emission standards for coal- and oil-fired electric 

utility steam generating units are those in 40 C.F.R. § 63, Subpart UUUUU (July 1, 2012).

Source: 

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:123. National emission standards for industrial, commercial, and 

institutional boilers area sources. The national emission standards for industrial, 

commercial, and institutional boilers area sources are those in 40 C.F.R. § 63, Subpart 

JJJJJJ (July 1, 2012). A source that operates a unit subject to Subpart JJJJJJ is exempt 

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

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

JJJJJJ. Exempted sources must still meet the applicable requirements in Subpart JJJJJJ.

Source: 

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.
74:36:08:124. National emission standards for chemical manufacturing area sources. 

The national emission standards for industrial, commercial, and institutional boilers area 

sources are those in 40 C.F.R. § 63, Subpart VVVVVV (July 1, 2012). A source that 

operates a unit subject to Subpart VVVVVV is exempt from the obligation to obtain a Part 

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

reason other than the source is subject to Subpart VVVVVV. Exempted sources must still 

meet the applicable requirements in Subpart VVVVVV.

Source: 

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:125. National emission standards for asphalt processing and asphalt roofing 

manufacturing area sources. The national emission standards for asphalt processing and 

asphalt roofing manufacturing area sources are those in 40 C.F.R. § 63, Subpart

AAAAAAA (July 1, 2012). A source that operates a unit subject to Subpart AAAAAAA is 

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

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

to Subpart AAAAAAA. Exempted sources must still meet the applicable requirements in 

Subpart AAAAAAA.

Source: 

General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.

74:36:08:126. National emission standards for chemical preparations industry area 

sources. The national emission standards for chemical preparations industry area sources 

are those in 40 C.F.R. § 63, Subpart BBBBBBB (July 1, 2012). A source that operates a unit 

subject to Subpart BBBBBBB is exempt from the obligation to obtain a Part 70 operating 

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

than the source is subject to Subpart BBBBBBB. Exempted sources must still meet the 

applicable requirements in Subpart BBBBBBB.

Source: 

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:127. National emission standards for paints and allied products 

manufacturing area sources. The national emission standards for paints and allied 

products manufacturing area sources are those in 40 C.F.R. § 63, Subpart CCCCCCC 

(July 1, 2012). A source that operates a unit subject to Subpart CCCCCCC is exempt from 

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

Part 70 operating permit for a reason other than the source is subject to Subpart 

CCCCCCC. Exempted sources must still meet the applicable requirements in Subpart 

CCCCCCC.
Source: 

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:128. National emission standards for prepared feeds manufacturing area 

sources. The national emission standards for prepared feeds manufacturing area sources 

are those in 40 C.F.R. § 63, Subpart DDDDDDD (July 1, 2012). A source that operates a 

unit subject to Subpart DDDDDDD is exempt from the obligation to obtain a Part 70 

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

reason other than the source is subject to Subpart DDDDDDD. Exempted sources must still 

meet the applicable requirements in Subpart DDDDDDD.

Source: 

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:129. National emission standards for gold mine ore processing and 

production area sources. The national emission standards for gold mine ore processing and 

production area sources are those in 40 C.F.R. § 63, Subpart EEEEEEE (July 1, 2012). 

Source: 

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.
74:36:08:130. National emission standards for polyvinyl chloride and copolymers 

production. The national emission standards for polyvinyl chloride and copolymers 

production are those in 40 C.F.R. § 63, Subpart HHHHHHH (July 1, 2012). 

Source: 

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

CHAPTER 74:36:09

PREVENTION OF SIGNIFICANT DETERIORATION

Section

74:36:09:01 Applicability.

74:36:09:01.01 Prevention of significant deterioration permit required.

74:36:09:02 Prevention of significant deterioration.

74:36:09:03 Public participation.

74:36:09:02. Prevention of significant deterioration. For the purposes of this chapter, 

the state's definitions and requirements for the prevention of significant deterioration are those in 
40 C.F.R. § 52.21 (July 1, 2009 July 1, 2012), as revised by EPA in publication 75 Fed. Reg. 

31606 and 31607 (June 3, 2010), except for 40 C.F.R. § 52.21(a)(1), (a)(2)(iv)(e), (a)(2)(vi), 

(b)(2)(iii)(h), (b)(3)(iii)(b), (b)(3)(vi)(d), (b)(32), (b)(42), (b)(55), (b)(56), (b)(57), (b)(58), (f), 

(k)(2), (q), (s), (t), (u), (x), (y), (z), and (cc) (July 1, 2009 July 1, 2012) with the following 

differences:

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

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

the following exceptions:

(a) In 40 C.F.R. §§ 52.21(b)(3)(iii) and 52.21(b)(37)(iii), the term "administrator" 

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

(b) In 40 C.F.R. §§ 52.21(w)(2) to 52.21(w)(4), inclusive, the term "administrator" 

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

(c) In 40 C.F.R. §§ 52.21(b)(17); 52.21(b)(37)(i); 52.21(b)(43); 52.21(b)(48)(ii)(c); 

52.21(b)(50)(i); 52.21(g)(1) to 52.21(g)(6), inclusive; 52.21(l)(2); and 52.21(p)(2) the term 

"administrator" means the administrator of EPA;

(2) For the purposes of this section, the term "Act" means the Clean Air Act;
(3) For the purposes of this section, in 40 C.F.R. § 52.21(c), the Class I areas in South 

Dakota are Wind Cave National Park and the Badlands National Park;

(4) For the purposes of this section, 40 C.F.R § 52.21(a)(2)(iv)(f) is incorporated by 

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

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

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

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

Clean Unit";

(5) (4) For the purposes of this section, 40 C.F.R. § 52.21(b)(2)(iii)(a) is incorporated by 

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

replacement shall include, but not be limited to, any activity(s) that meets the requirements of the 

equipment replacement provisions contained in paragraph (cc) of this section";

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

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

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

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

(8) (6) For the purposes of this section, 40 C.F.R. § 52.21(w)(1) is incorporated by 

reference excluding the phrase, "expires under paragraph (s) of this section or".
The secretary shall transmit to the administrator of the EPA a copy of each permit 

application subject to this section and shall notify the administrator of the EPA of each 

significant action the secretary takes on the application.

If EPA stays or withdraws the regulation of greenhouse gases as identified in publication 

75 Fed. Reg. 31606 and 31607 (June 3, 2010) 40 C.F.R. § 52.21(w)(1) (July 1, 2012), or a court 

issues an order vacating or otherwise invalidating EPA's regulation of greenhouse gases for any 

reason, the regulation of greenhouse gases by Article 74:36 are void as of the date of such 

administrative or judicial action and shall have no further force and effect.

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 30 

SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 33 SDR 43, 

effective September 18, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 

28, 2010; 37 SDR 182, effective April 20, 2011.

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

Law Implemented: SDCL 34A-1-18.

74:36:09:03. Public participation. For the purposes of this chapter, the state's public 

participation procedures are those in 40 C.F.R. § 51.166(q) (July 1, 2009 July 1, 2012), 

excluding the phrase "The plan shall provide that..." with the following differences:
(1) For the purposes of this section, in 40 C.F.R. § 52.166(q) the phrase "reviewing 

authority" means the secretary;

(2) For the purposes of this section, in 40 C.F.R. § 51.166(q)(1) the phrase "specified time 

period" means 60 days;

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

"administrator" means the administrator of EPA;

(4) For the purposes of this section, in 40 C.F.R. § 51.166(q)(2)(iii), the phrase "Notify the 

public" shall consist of a public notice once in a legal newspaper in the county where the 

proposed source would be constructed. The public notice shall include a statement that a person 

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

notice. The statement shall also describe the procedures a person must follow to contest the draft 

permit and request a hearing in accordance with article 74:09;

(5) For the purposes of this section, in 40 C.F.R. § 51.166(q)(2)(v), a public hearing is 

required if a person contests the draft permit or contests the secretary's final determination and 

requests a hearing in accordance with article 74:09; and

(6) For the purposes of this section, in 40 C.F.R. § 51.166(q)(2)(viii), if a request for a 

contested case hearing is not submitted during the public notice period, the secretary shall make 

a final determination within 30 days of the end of the public comment period on the draft permit. 
The secretary shall notify, in writing, the applicant and each person that submitted written 

comments or requested notice of the final determination. The notice shall include reference to the 

procedures for contesting the final determination and requesting a hearing in accordance with 

article 74:09 within 30 days of receiving the secretary's final determination. If no person 

comments on a draft permit, requests changes, or contests the draft permit during the public 

notice period, the draft permit automatically becomes the secretary's final determination and is 

issued at the end of the public notice period.

Source: 33 SDR 43, effective September 18, 2006; 36 SDR 207, effective June 28, 2010.

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

Law Implemented: SDCL 34A-1-18.

CHAPTER 74:36:10

NEW SOURCE REVIEW

Section

74:36:10:01 Applicability.

74:36:10:02 Definitions.

74:36:10:03 Repealed.

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

74:36:10:04 Repealed.
74:36:10:05 New source review preconstruction permit.

74:36:10:06 Causing or contributing to a violation of any national ambient air quality 

standard.

74:36:10:07 Determining credit for emission offsets.

74:36:10:08 Projected actual emissions.

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

Repealed.

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

Repealed.

74:36:10:02. Definitions. For the purposes of this chapter, the definitions for new source 

review are those in 40 C.F.R. § 51.165(a)(1) (July 1, 2009 July 1, 2012).

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

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

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 30 

SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 36 SDR 207, 

effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6.
74:36:10:03.01. New source review preconstruction permit required. New major 

stationary sources or major modifications to existing major sources must obtain a preconstruction 

permit before beginning actual construction if they are located in the following areas:

(1) An attainment or unclassified area if the source would cause or contribute to a 

violation of any national ambient air quality standard; or

(2) An area designated nonattainment for any national ambient air quality standard if the 

source is major for the pollutant for which the area is designated nonattainment.

Except as provided by a plant-wide applicability limit and a pollution control project 

exclusion, a proposed project is considered a major modification to an existing major source if

the proposed project meets the criteria in 40 C.F.R. § 51.165(a)(2)(ii)(A) to (F), inclusive, (July 

1, 2009 July 1, 2012).

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

36 SDR 207, effective June 28, 2010.

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

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

Note: The procedural requirements for obtaining a preconstruction permit under the new 

source review program are similar to the procedural requirements for a Part 70 source, such as a 
timely and complete application, completeness review, statement of basis, public participation, 

and departmental recommendation, as outlined in §§ 74:36:05:08 to 74:36:05:20.01, inclusive.

74:36:10:05. New source review preconstruction permit. A new source review 

preconstruction permit must satisfy the following criteria before beginning actual construction:

(1) All requirements for new source performance standards in chapter 74:36:07 that apply 

to the facility;

(2) Compliance with the lowest achievable emission rate (LAER);

(3) Certification of compliance that all other major sources, major modifications, or 

reconstructed facilities that are owned, operated, or controlled by the applicant either in whole or 

in part elsewhere in the state are in compliance with all applicable emission limitations and 

standards; and

(4) The total tonnage of increased emissions, in tons per year, resulting from a major 

modification that must be offset shall be determined by summing the difference between the 

allowable emissions after the modification and the actual emissions before the modification for 

each emissions unit. Emissions offsets are determined in accordance with § 74:36:10:07.
The owner or operator may use a clean unit test as described in § 74:36:10:09 or 

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

major modification.

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

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

(July 1, 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)(1) to (f)(15), inclusive, (July 1, 

2009 July 1, 2012).

Approval to construct does not relieve an owner or operator of the responsibility to comply 

fully with applicable provisions of this article or the Clean Air Act and any other requirements 

under local, state, or federal law.

Submission of preconstruction monitored or projected ambient air quality data, or both, 

from the proposed source must accompany the permit application. In addition, air quality 

dispersion modeling and meteorological data for the prescribed area may be required by the 

department. Costs of these requirements must be absorbed by the proposed source.

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

1981; 8 SDR 71, effective December 21, 1981; 10 SDR 68, effective January 5, 1984; 13 SDR 
129, 13 SDR 141, effective July 1, 1987; 16 SDR 88, effective November 14, 1989; 17 SDR 

170, effective May 13, 1991; transferred from § 74:26:01:16, 19 SDR 157, effective April 22, 

1993; 21 SDR 119, effective January 5, 1995; 30 SDR 26, effective September 1, 2003; 31 SDR 

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

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-22.

74:36:10:06. Causing or contributing to a violation of any national ambient air quality 

standard. This section applies to any major stationary source or major modification to an 

existing major source that is located in an attainment or unclassifiable area that may cause or 

contribute to violation of a national ambient air quality standard. A major stationary source or 

major modification to an existing major source is considered to cause or contribute to a violation 

of a national ambient air quality standard if the source or modification would, at a minimum, 

exceed the following significance levels at any locality that does not or would not meet the 

applicable national standard:

POLLUTANT AND SIGNIFICANT LEVELS

Averaging time (hours)

Annual 24 8 3 1

(1) SO2: 1.0 ug/m3 5 ug/m3 - 25 ug/m3 -

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

(3) PM2.5 0.3 ug/m3 1.2 ug/m3 - - -
(3) (4) NO2: 1.0 ug/m3 - - - -

(4) (5) CO - - 0.5 mg/m3 - 2 mg/m3

The owner or operator of a new major stationary source or major modification to an 

existing major source may reduce the impact of its emissions on air quality by obtaining 

emission offsets to compensate for its adverse ambient impact where the new major source or 

major modification to an existing major source would otherwise cause or contribute to a 

violation of the national ambient air quality standard. The procedures for determining credit for 

emission offsets are those in § 74:36:10:07.

Source: 17 SDR 170, effective May 13, 1991; transferred from § 74:26:01:16:02, 19 SDR 

157, effective April 22, 1993; 30 SDR 26, effective September 1, 2003.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6.

74:36:10:07. Determining credit for emission offsets. The baseline for determining 

credit for emission offsets is the emission limit in effect at the time the application to construct is 

filed, except that the offset baseline is the actual emission of the unit from which offset credit is 

obtained if the demonstration of reasonable further progress and attainment of ambient air 

quality standards is based upon the actual emission of sources located within a designated 

nonattainment area; or if there is no applicable emission limit.

In determining credit for emission offsets the following criteria shall be met:
(1) All offsets must be for the same regulated NSR pollutant, result in a net positive air 

quality benefit in the affected area, and be approved by the department before issuance of the 

permit, even though they need not be in effect until the source commences operation. The offset 

ratio of total actual emissions reductions to the emissions increase shall at least 1 to 1 unless 

an alternative ratio is provided in accordance with offsets shall be 40 C.F.R. 

§ 51.165(a)(9)(ii) through 51.165(a)(9)(iv) (July 1, 2012);

(2) External offsets or those emission limitations from sources not owned, operated, or 

controlled by an applicant for a permit shall be made through a revision of the permit conditions 

of the participating source or sources. At no time may the baseline be exceeded;

(3) The permissible location of offsetting emissions shall be conducted in accordance with 

40 C.F.R., Part 51, Appendix S, section IV.D (July 1, 2009 July 1, 2012);

(4) For an existing fuel combustion unit, credit shall be based on the emission limit for the 

type of fuel being burned at the time the application to construct is filed. If the existing source 

agrees to switch to a cleaner fuel at some future date, emission offset credits based on the 

allowable or actual emissions for the fuels involved may be allowed only if permit conditions 

specify an alternative control measure that would achieve the same degree of emission reduction 

if the source switched back to the dirtier fuel at some later date;
(5) Emission reductions achieved by shutting down an existing unit or curtailing 

production or operating hours below baseline levels may be credited if the reductions are 

permanent, quantifiable, federally enforceable, and the area has a federally-approved attainment 

plan. In addition, the shutdown or curtailed production must occur after August 7, 1977, or less 

than one year before the date of submitting the permit application, whichever is earlier. Emission 

reductions may be credited in the absence of a federally-approved attainment plan if the 

shutdown or curtailment occurred on or after the date the application is filed for a new unit or if 

the applicant can establish that the proposed new unit is a replacement for the shutdown or 

curtailed unit, and the shutdown or curtailment occurred after August 7, 1977, or less than one 

year before the date of submitting the permit application, whichever is earlier;

(6) Except as set forth in 40 C.F.R. § 51.165(a)(3)(ii)(D) (July 1, 2009 July 1, 2012), 

emission offset credit may not be allowed for replacing one hydrocarbon compound with another 

of lesser reactivity;

(7) Credit for emissions reduction may be claimed to the extent that the department has 

not relied on it in issuing a permit or in its demonstration of attainment or reasonable further 

progress;

(8) If the emissions limit allows greater emissions than the potential to emit of the unit, the 

emission offset credit is allowed only for the control below the potential to emit of the unit;
(9) Decreases in actual emissions resulting from the installation of add-on control 

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

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

offset;

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

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

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

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

(11) (9) All emission reductions claimed as offset credit must be federally enforceable.

Source: 7 SDR 4, effective July 27, 1980; transferred from §§ 44:10:01:15 and 

44:10:01:17, effective July 1, 1981; 8 SDR 71, effective December 21, 1981; 12 SDR 183, 

effective May 21, 1986; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 17 SDR 170, effective 

May 13, 1991; transferred from §§ 74:26:01:15, 74:26:01:16.01, and 74:26:01:17, 19 SDR 157, 

effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 30 SDR 26, effective 

September 1, 2003; 31 SDR 101, effective January 2, 2005; 36 SDR 207, effective June 28, 

2010.

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

Law Implemented: SDCL 34A-1-21, 34A-1-22.
74:36:10:08. Projected actual emissions. Any owner or operator who proposes a project 

for existing emissions units at a major stationary source that is not considered a major 

modification based on projected actual emissions but may result in a significant emission 

increase shall comply with the requirements in 40 C.F.R. § 51.165(a)(6)(i) to (v) (vi), inclusive, 

(July 1, 2009 July 1, 2012). This section does not apply to projects at a clean unit or at a source 

with a plant-wide applicability limit.

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

§ 51.165(a)(6)(i) to (v) (vi), inclusive, (July 1, 2009 July 1, 2012) available for review upon a 

request for inspection by the secretary or the general public pursuant to the requirements 

contained in 40 C.F.R. § 70.4(b)(3)(viii) (July 1, 2009 July 1, 2012).

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

36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6.

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

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

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

§ 51.165(c)(1) to (c)(9), inclusive, (July 1, 2009). Repealed.
Source: 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 

36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6.

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

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

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

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

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

in 40 C.F.R. § 51.165(d)(2) to (d)(11), inclusive, (July 1, 2009). Repealed.

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

36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6.

CHAPTER 74:36:11

PERFORMANCE TESTING

Section
74:36:11:01 Stack performance testing or other testing methods.

74:36:11:02 Secretary may require performance tests.

74:36:11:03 Notice to department of performance test.

74:36:11:04 Testing new fuels or raw materials.

74:36:11:01. Stack performance testing or other testing methods. All stack 

performance tests or other test methods must be made in accordance with the applicable method 

specified in 40 C.F.R. § 60.17; Part 60, Appendix A; § 63.14; Part 63, Appendix A; and Part 51, 

Appendix M (all July 1, 2009 July 1, 2012).

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

§ 34:10:05:01, 7 SDR 4, effective July 27, 1980; transferred from § 44:10:05:01, effective July 1, 

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

14 SDR 72, effective November 24, 1987; 16 SDR 88, effective November 14, 1989; 17 SDR 

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

1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 1996; 26 

SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, 

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

2010.

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

Law Implemented: SDCL 34A-1-12.
CHAPTER 74:36:12

CONTROL OF VISIBLE EMISSIONS

Section

74:36:12:01 Restrictions on visible emissions.

74:36:12:02 Exceptions to restrictions.

74:36:12:03 Exceptions granted to alfalfa palletizes or dehydrators.

74:36:12:01. Restrictions on visible emissions. The owner or operator of a source may 

not discharge into the ambient air from a single unit of emissions an air pollutant of a density 

equal to or greater than that designated as 20 percent opacity, as established by the 

Environmental Protection Agency's Method 9 in 40 C.F.R. Part 60, Appendix A (July 1, 2009 

July 1, 2012).

Source: SL 1975, ch 16, § 1; transferred from § 34:10:03:01, 7 SDR 4, effective July 27, 

1980; transferred from § 44:10:03:01, effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective 

July 1, 1987; 17 SDR 170, effective May 13, 1991; transferred from § 74:26:03:01, 19 SDR 157, 

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

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

209, effective June 13, 2006; 36 SDR 207, effective June 28, 2010.
General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6.

74:36:12:02. Exceptions to restrictions. The provisions of § 74:36:12:01 do not apply in the 

following circumstances:

 (1) If the presence of uncombined water is the only reason for failure to meet the 

requirements of § 74:36:12:01;

 (2) If smoke is emitted for the purpose of training or research and is approved by the 

department; and

 (3) For brief periods during such operations as soot blowing, start-up, shut-down, and 

malfunctions.

 Source: SL 1975, ch 16, § 1; transferred from § 34:10:03:03, 7 SDR 4, effective July 27, 

1980; transferred from § 44:10:03:03, effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective 

July 1, 1987; transferred from § 74:26:03:03, 19 SDR 157, effective April 22, 1993.

 General Authority: SDCL 34A-1-6.

 Law Implemented: SDCL 34A-1-6.

74:36:12:03. Exceptions granted to alfalfa palletizes or dehydrators. The owner or 

operator of a facility that pelletizes or dehydrates alfalfa, or that does both, may discharge into 

the ambient air an air pollutant of a density no greater than 30 percent opacity, as established by 
the Environmental Protection Agency's Method 9 in 40 C.F.R. Part 60, Appendix A (July 1, 

2009 July 1, 2012).

Source: 8 SDR 133, effective April 18, 1982; 11 SDR 151, effective May 12, 1985; 13 

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

from § 74:26:03:05, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 

1995; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 36 SDR 

207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6.

CHAPTER 74:36:13

CONTINUOUS EMISSION MONITORING SYSTEMS

Section

74:36:13:01 Secretary may require continuous emission monitoring systems (CEMS).

74:36:13:02 Minimum performance specifications for all continuous emission monitoring 

systems.

74:36:13:03 Reporting requirements.

74:36:13:04 Notice to department of exceedance.

74:36:13:05 Compliance determined by data from continuous emission monitor.
74:36:13:06 Compliance certification.

74:36:13:07 Credible evidence.

74:36:13:08 Compliance assurance monitoring.

74:36:13:02. Minimum performance specifications for all continuous emission 

monitoring systems. Minimum performance specifications for all continuous emission 

monitoring systems are those contained in 40 C.F.R. Part 60, Appendix B and 40 C.F.R. § 60.13 

(July 1, 2009 July 1, 2012 ).

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 26 

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

effective June 13, 2006; 36 SDR 207, effective June 28, 2010.

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

Law Implemented: SDCL 34A-1-12.

74:36:13:03. Reporting requirements. Owners or operators of those sources required to 

install continuous emission monitoring systems shall observe the reporting requirements 

contained in 40 C.F.R. § 60.7 (July 1, 2009 July 1, 2012). All records must be made available to 

the department on request.
Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 26 

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

effective June 13, 2006; 36 SDR 207, effective June 28, 2010.

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

Law Implemented: SDCL 34A-1-12.

74:36:13:04. Notice to department of exceedance. Any emissions that exceed the 

standards listed in 40 C.F.R. Part 60 (July 1, 2009 July 1, 2012) or this article that are detected 

through continuous emission monitoring systems (CEMS) must be reported to the department 

within the time constraints as determined by the secretary in the permit to operate.

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 26 

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

effective June 13, 2006; 36 SDR 207, effective June 28, 2010.

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

Law Implemented: SDCL 34A-1-12.

74:36:13:06. Compliance certification. Notwithstanding any other provision in any plan 

approved by the administrator, for the purpose of submission of compliance certifications an 

owner or operator may use monitoring as required under 40 C.F.R. § 70.6(a)(3) (July 1, 2009

July 1, 2012) and incorporated into a federally enforceable operating permit in addition to any 

specified compliance methods.
Source: 21 SDR 119, effective January 5, 1995; 31 SDR 101, effective January 2, 2005; 

32 SDR 209, effective June 13, 2006; 36 SDR 207, effective June 28, 2010.

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

Law Implemented: SDCL 34A-1-12.

74:36:13:07. Credible evidence. Notwithstanding any other provision, any credible 

evidence may be used for the purpose of establishing whether a person has violated or is in 

violation of a plan. Credible evidence is as follows:

(1) Information from the use of the following methods is presumptively credible evidence 

of whether a violation has occurred at the source:

(a) A monitoring method approved for the source pursuant to 40 C.F.R. § 70.6(a)(3) 

(July 1, 2009 July 1, 2012) and incorporated in a federally enforceable operating permit;

(b) Compliance methods specified in the applicable plan; and

(2) The following testing, monitoring, or information gathering methods are 

presumptively credible testing, monitoring, or information-gathering methods;

(a) Any federally enforceable monitoring or testing methods, including those in 40 

C.F.R. Parts 51, 60, 61, and 75 (July 1, 2009 July 1, 2012);
(b) Other testing, monitoring, or information-gathering methods that produce 

information comparable to that produced by any method in subdivision (1) or (2)(a) of this 

section.

Source: 21 SDR 119, effective January 5, 1995; 26 SDR 168, effective June 27, 2000; 31 

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

effective June 28, 2010.

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

Law Implemented: SDCL 34A-1-12.

74:36:13:08. Compliance assurance monitoring. The owner or operator of a unit that is 

subject to 40 C.F.R. § 64.2 (July 1, 2009 July 1, 2012), must comply with 40 C.F.R. §§ 64.1 and 

64.3 to 64.10, inclusive, (July 1, 2009 July 1, 2012).

Source: 25 SDR 123, effective April 4, 1999; 26 SDR 168, effective June 27, 2000; 31 

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

effective June 28, 2010.

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

Law Implemented: SDCL 34A-1-12.

CHAPTER 74:36:16

ACID RAIN PROGRAM
Section

74:36:16:01 General provisions.

74:36:16:02 Allowance system.

74:36:16:03 Reserved.

74:36:16:04 Continuous emission monitoring.

74:36:16:05 Nitrogen oxides emission reduction.

74:36:16:01. General provisions. The following provisions are incorporated by 

reference: 40 C.F.R. §§ 72.2 to 72.85, inclusive, (July 1, 2009 July 1, 2012) except for the 

following definitions in § 72.2: Environmental Appeals Board, EPA trial staff, ex parte 

communication, hearing clerk, presiding officer, and state operating permit program and except 

for §§ 72.4, 72.5, 72.6(c), 72.10, 72.12, 72.13, 72.20, 72.23 to 72.25, inclusive, 72.60 to 72.71, 

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

except for those authorities which cannot be delegated to the state, in which case "administrator" 

means the administrator of the Environmental Protection Agency.

Source: 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April 4, 1999; 26 

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

effective June 13, 2006; 36 SDR 207, effective June 28, 2010.

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

74:36:16:02. Allowance system. The allowance system for the acid rain program is that 

in 40 C.F.R. §§ 73.1 to 73.53, inclusive, (July 1, 2009 July 1, 2012).

Source: 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April 4, 1999; 26 

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

effective June 13, 2006; 36 SDR 207, effective June 28, 2010.

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

Law Implemented: SDCL 34A-1-18.

74:36:16:04. Continuous emission monitoring. The continuous emission monitoring 

requirements for the acid rain program are those in 40 C.F.R. §§ 75.1 to 75.67, inclusive, (July 1, 

2009 July 1, 2012) and Appendixes A to H, inclusive, to 40 C.F.R. Part 75 (July 1, 2009 July 1, 

2012).

Source: 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April 4, 1999; 26 

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

effective June 13, 2006; 36 SDR 207, effective June 28, 2010.

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

Law Implemented: SDCL 34A-1-18.
74:36:16:05. Nitrogen oxides emission reduction. The nitrogen oxides emission 

reduction requirements for the acid rain program are those in 40 C.F.R. §§ 76.1 to 76.16, 

inclusive, (July 1, 2009 July 1, 2012).

Source: 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April 4, 1999; 26 

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

effective June 13, 2006; 36 SDR 207, effective June 28, 2010.

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

Law Implemented: SDCL 34A-1-18.

CHAPTER 74:36:18

REGULATIONS FOR STATE FACILITIES IN THE RAPID CITY AREA

Section

74:36:18:01 Definitions.

74:36:18:02 Applicability.

74:36:18:03 Permit required.

74:36:18:04 Time period for permits and renewals.

74:36:18:05 Required contents of a complete application for a permit.

74:36:18:06 Contents of permit.

74:36:18:07 Permit expiration.
74:36:18:08 Renewal of permit.

74:36:18:09 Reasonably available control technology required.

74:36:18:10 Visible emissions limit for construction and continuous operation activities.

74:36:18:11 Exception to visible emission limit.

74:36:18:12 Notice of operating noncompliance -- Contents.

74:36:18:04. Time period for permits and renewals. A construction activity or 

continuous operation activity permit is issued for a period up to five years and all subsequent 

permits are for periods of five years.

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

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

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

74:36:18:05. Required contents of a complete application for a permit. An application 

for a construction activity and continuous operation activity permit shall contain the following 

information to be considered complete:

(1) General company information, including the company name and address, the owner's 

name and agent, and the plant site manager or contact;

(2) Legal description and location of the construction or continuous operation activity, 

including a site map; 
(3) Description of the proposed construction or continuous operation activity, including 

nature and description of equipment used;

(4) Description of the reasonably available control technology used to control the fugitive 

emissions; and

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

the construction activity.

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

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

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

74:36:18:06. Contents of permit. The construction activity and continuous operation 

activity permit shall include the following:

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

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

a permit;

(3) The type of operation;

(4) The mailing address;

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

(6) A permit number;

(7) The name of a designated person or officer responsible for the permitted activity;
(8) A statement granting a permit by the board or secretary and any conditions that the 

board or secretary may impose to ensure compliance with the Act;

(9) Emission limits and standards necessary to assure compliance with applicable 

requirements of the Clean Air Act;

(10) Record keeping and reporting requirements;

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

requirements if any portion of the permit are challenged; and

(12) Provisions stating the following:

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

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

revocation or modification, or for denial of a permit renewal application;

(b) The permit may be modified, revoked, or terminated for cause;

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

privilege; and

(d) The permittee shall provide any information requested in writing by the secretary to 

determine whether cause exists for modifying, revoking, or terminating the permit or to 

determine compliance.

Source: 28 SDR 178, effective July 1, 2002.
General Authority: SDCL 34A-1-6, 34A-1-21.

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

74:36:18:10. Visible emission limit for construction and continuous operation 

activities. The owner or operator of a state facility or state contractor may not discharge into the 

ambient air from a fugitive source an air pollutant of a density equal to or greater than that 

designated as 20 percent opacity for a series of two minute averages with a minimum of a total of 

six minutes of readings. The Environmental Protection Agency's Method 9 in 40 C.F.R. Part 60, 

Appendix A (July 1, 2009 July 1, 2012) shall be used to determine the opacity.

Source: 28 SDR 178, effective July 1, 2002; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

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

74:36:18:11. Exception to visible emission limit. The provisions of § 74:36:18:10 do not 

apply if all three of the following meteorological conditions exist:

(1) Five consecutive days of 0.02 inches or less of precipitation each day excluding dry 

snow;

(2) Forecasted peak wind gusts greater than 40 miles per hour; and

(3) Forecasted average hourly wind speed greater than 20 miles per hour.

Source: 28 SDR 178, effective July 1, 2002.
General Authority: SDCL 34A-1-6, 34A-1-19, 34A-1-24.

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

74:36:18:12. Notice of operating noncompliance -- Contents. If the secretary 

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

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

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

conditions violated and the alleged facts upon which the determination is based.

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

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

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

CHAPTER 74:36:20

CONSTRUCTION PERMITS FOR NEW SOURCES OR MODIFICATIONS

Section

74:36:20:01 Applicability.

74:36:20:02 Construction permit required.

74:36:20:02.01 Initiating construction prior to permit issuance.

74:36:20:03 Construction permit exemption.
74:36:20:04 Emission unit exemptions.

74:36:20:05 Standard for issuance of construction permit.

74:36:20:06 Timely and complete application for a construction permit required.

74:36:20:07 Required contents of complete application for a construction permit.

74:36:20:08 Applicant required to supplement or correct application.

74:36:20:09 Permit application -- Completeness review.

74:36:20:10 Time period for department's recommendation.

74:36:20:11 Public participation in permitting process.

74:36:20:12 Public review of department's draft permit.

74:36:20:13 Final permit decision -- Notice to interested persons.

74:36:20:14 Right to petition for contested case hearing.

74:36:20:15 Contents of construction permit.

74:36:20:16 Administrative permit amendment.

74:36:20:17 Procedures for administrative permit amendments.

74:36:20:18 Reopening construction permit for cause.

74:36:20:19 Procedures to reopen construction permit.

74:36:20:20 Construction permit does not exempt from other requirements.

74:36:20:21 Expiration of a construction permit.

74:36:20:22 Notice of constructing or operating noncompliance -- Contents.

74:36:20:23 Petition for contested case or alleged violation.

74:36:20:24 Circumvention of emissions not allowed.
74:36:20:05. Standard for issuance of construction permit. A construction permit for a 

new source or modification to an existing source may be issued only if it has been shown that the 

operation of the new source or modification to an existing source will not prevent or interfere 

with the attainment or maintenance of an applicable national ambient air quality standard. 

Compliance with this requirement as determined by air pollution dispersion modeling shall be 

based on modeling performed in accordance with 40 C.F.R. Part 51, Appendix W (July 1, 

2012) and is not affected by stack height that exceeds good engineering practice or by any other

dispersion technique as defined in 40 C.F.R. § 51.100 (July 1, 2009 July 1, 2012). Each new 

source or modification to an existing source must comply with emission limits and other 

requirements of the act and the Clean Air Act. The construction permit must include reasonable 

conditions, including adherence to plans and specifications, to ensure compliance with the act, 

the Clean Air Act, and any other conditions justified under SDCL 34A-1-19.

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

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

Law Implemented: SDCL 34A-1-21.

74:36:20:11. Public participation in permitting process. The department shall mail a 

copy of the draft permit to the applicant. The department shall publish a public notice of the draft 

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

include a brief statement describing the source and where it is located; the department's 

recommendation and the reasons for it; the activity or activities involved in the permit action; a 

statement that a person may submit comments or contest the draft permit within 30 days after the 
publication of the notice; a description of the procedures a person must follow to contest the draft 

permit and request a hearing in accordance with article 74:09; and a statement describing where 

copies of the draft permit or other information may be obtained. The department shall provide to 

the interested parties a 30-day notice of any hearing to contest a draft permit.

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

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

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

74:36:20:13. Final permit decision -- Notice to interested persons. The department 

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

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

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

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

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

means proposing a permit or denying a permit.

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

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

under the following conditions:

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

(2) A contested case hearing is requested; or
(3) No comments or request for changes in the draft permit were received during the 

public comment period on the draft permit. In this case, the draft permit automatically becomes 

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

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

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

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

74:36:20:14. Right to petition for contested case hearing. The applicant or interested 

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

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

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

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

the notice required by § 74:36:20:11.

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

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

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

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

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

draft permit or final permit decision to the board for action in accordance with article 74:09.
Source: 36 SDR 207, effective June 28, 2010.

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

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

74:36:20:15. Contents of construction permit. A construction permit shall include the 

following:

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

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

a permit;

(3) The type of operation;

(4) The facility and mailing address;

(5) The date the construction permit was granted;

(6) A number for administrative reference;

(7) The timeline for submitting a timely and complete application for a minor source 

operating permit or Part 70 source operating permit;

(8) A statement granting a construction permit by the board or secretary and any 

conditions that the board or secretary may impose to ensure compliance with the act and the 

Clean Air Act;

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

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

and the Clean Air Act;
(10) Monitoring, recordkeeping, and reporting requirements necessary to determine 

compliance with the construction permit;

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

requirements if any portions of the permit are challenged; and

(12) Provisions stating the following:

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

noncompliance constitutes a violation and is grounds for enforcement action;

(b) The construction permit does not convey any property rights of any sort or any 

exclusive privilege; and

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

by the department to determine compliance.

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

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

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

CHAPTER 74:36:21

REGIONAL HAZE PROGRAM

Section
74:36:21:01 Applicability.

74:36:21:02 Definitions.

74:36:21:03 Existing stationary facility defined.

74:36:21:04 Visibility impact analysis.

74:36:21:05 BART determination.

74:36:21:06 BART determination for a BART-eligible coal-fired power plant.

74:36:21:07 Installation of controls based on visibility impact analysis or BART 

determination.

74:36:21:08 Operation and maintenance of controls.

74:36:21:09 Monitoring, recordkeeping, and reporting.

74:36:21:10 Permit to construct.

74:36:21:11 Permit required for BART determination.

74:36:21:12 Federal land manager notification and review.

74:36:21:02. Definitions. Unless otherwise specified, the terms used in this chapter mean:

(1) "Adverse impact on visibility," visibility impairment that interferes with the 

management, protection, preservation, or enjoyment of the visitor's visual experience of the 

mandatory Class I federal area. Adverse impact on visibility shall be based on a case-by-case 

basis taking into account the geographic extent, intensity, duration, frequency, and time of 

visibility impairment, and how these factors correlate with times of visitor use of a mandatory 

Class I federal area and the frequency and timing of natural conditions that reduce visibility;
(2) "BART," best available retrofit technology;

(3) "Best available retrofit technology" an emission limitation based on the degree of 

reduction achievable through the application of the best system of continuous emission reduction 

for each pollutant that is emitted by an existing stationary facility. The emission limitation must 

be established, on a case-by-case basis, taking into consideration the technology available, the 

costs of compliance, the energy and nonair quality environmental impacts of compliance, any 

pollution control equipment in use or in existence at the source, the remaining useful life of the 

source, and the degree of improvement in visibility that may reasonable be anticipated to result 

from the use of such technology;

(4) "BART-eligible source," an existing stationary facility;

(5) "Coal-fired power plant," any person, corporation, limited liability company, 

association, company, partnership, political subdivision, municipality, rural electric cooperative, 

consumers power district, or any group or combination acting as a unit, owning or holding under 

lease, or otherwise real property used, or intended for use, for the conversion of coal into electric 

power;

(6) "Contribute to adverse impact on visibility," a change in visibility impairment in a 

mandatory Class I federal area of five-tenths deciviews or more, based on a 24-hour average, 

above the average natural visibility baseline. A source exceeds the threshold if the 98th percentile 
(eighth highest value) of the modeling results, based on one year of the three years of 

meteorological data modeled, equals or exceeds five-tenths deciviews;

(7) "Major source," as defined in § 74:36:01:08(2) and (3);

(8) "Mandatory Class I federal area," any area identified in 40 C.F.R. § 81, Subpart D 

(July 1, 2009 July 1, 2012);

(9) "Visibility impairment," any human perceptible change in visibility such as light 

extinction, visual range, contrast, coloration, from that which would have existed under natural 

conditions;

(10) "30-day rolling average," expressed as pounds per million Btus and pounds per hour 

and calculated in accordance with the following procedures:

(a) Sum the total pounds of pollutant in question emitted from a unit during an 

operating day and the previous 29 operating days;

(b) Sum the total heat input to the unit in million Btus during the operating day and the 

previous 29 operating days;

(c) Sum the total hours the unit operated in hours during the day and the previous 29 

operating days;
(d) For pounds per million Btus, divide the total number of pounds of the pollutant 

emitted during the 30-day operating days by the total heat input during the 30-day operating 

days;

(e) For pounds per hour, divide the total number of pounds of the pollutant emitted 

during the 30-day operating days by the total hours operated during the 30-day operating days.

A new 30-day rolling average shall be calculated for each new operating day. Each 30-day 

rolling average shall represent all emissions, including emissions that occur during periods of 

startup, shut down, and malfunction; and

(11) "Operating day," a 24-hour period between 12 midnight and the following midnight 

during which any fuel is combusted at any time in the unit. It is not necessary for fuel to be 

combusted the entire 24-hour period.

Source: 37 SDR 111, effective December 7, 2010; 38 SDR 39, effective September 19, 

2011.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6.

74:36:21:04. Visibility impact analysis. The owner or operator of a new major source or 

modification to a major source shall demonstrate to the department that the potential to emit 
from the new major source or modification to a major source will not contribute to adverse 

impact on visibility in any mandatory Class I federal area. The demonstration shall be based on 

visibility models approved in 40 C.F.R. § 51, Subpart W (July 1, 2009 July 1, 2012).

Source: 37 SDR 111, effective December 7, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6.

74:36:21:05. BART determination. The owner or operator of a BART-eligible source 

that emits any air pollutant which may reasonably be anticipated to contribute to adverse impact 

on visibility in any mandatory Class I federal area shall submit a BART determination. The 

BART determination shall follow the procedures outlined in 40 C.F.R. § 51, Subpart Y July 1, 

2009 July 1, 2012) and must be based on an analysis of the best system of continuous emission 

control technology available and associated emission reductions achievable for each BARTeligible source. In this analysis, the BART determination must take into consideration the 

technology available, the costs of compliance, the energy and nonair quality environmental 

impacts of compliance, any pollution control equipment in use at the source, the remaining 

useful life of the source, and the degree of improvement in visibility that may reasonably be 

anticipated to result from the use of such technology. The BART determination shall be 

submitted within nine months after being notified by the department that the existing stationary 

source is reasonably anticipated to contribute to adverse impact on visibility in any mandatory 

Class I federal area.
Source: 37 SDR 111, effective December 7, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6.

74:36:21:09. Monitoring, recordkeeping, and reporting. The owner or operator 

required to install and operate controls established in a visibility impact analysis or BART 

determination shall conduct periodic monitoring, recordkeeping, and reporting. All sulfur 

dioxide and nitrogen oxides emissions from the BART-eligible source shall be routed to the main 

stack of a BART-eligible source. The owner or operator of a BART-eligible source shall install, 

certify, maintain, calibrate, and operate a continuous emission monitoring system for sulfur 

dioxide and nitrogen oxide in accordance with 40 C.F.R. Part 75 (July 1, 2009 July 1, 2012), 

except the recordkeeping and reporting requirements for the continuous emission monitoring 

systems shall be in accordance with 40 C.F.R. § 60.7 (July 1, 2009 July 1, 2012). Monitoring 

and related recordkeeping and reporting requirements for other air pollutants from a BARTeligible source or from a major source or modification of a major source shall consist of at least 

the following:

(1) All emissions monitoring and analysis procedures, alternative approved methods, or 

test methods required in determining compliance with §§ 74:36:21:04 and 74:36:21:06;

(2) As necessary, documentation of the use, maintenance, and if appropriate, installation 

of monitoring equipment or methods;
(3) Documentation of the following:

(a) The date, place, and time of sampling or measurements;

(b) The date or dates analyses were performed;

(c) The company or entity that performed the analyses;

(d) The analytical techniques or methods used;

(e) The results of such analyses; and

(f) The operating conditions as existing at the time of sampling or measurement;

(4) Recordkeeping and reporting requirements that comply with the following:

(a) Submission of reports of any required monitoring must occur at least every six 

months. Reports must clearly identify all exceedances with §§ 74:36:21:04 and 74:36:21:06. All 

required reports must be certified by a responsible official; and

(b) Exceedances of §§ 74:36:21:04 and 74:36:21:06, including those attributable to upset 

conditions. The probable cause of such exceedance and any corrective actions or preventive 

measures taken must be promptly reported and certified by a responsible official; and

(5) Requirements for retention of monitoring records and all supporting documentation for 

at least five years from the date of the monitoring sample, measurement, report, or application.
Source: 37 SDR 111, effective December 7, 2010; 38 SDR 39, effective September 19, 

2011.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6.
IN THE MATTER OF THE 

PROMULGATION OF 

ADMINISTRATIVE RULES 

Personal service of 

ADMISSION OF SERVICE 

(1) the Board of Minerals and Environment proposed amendments to article 74:36 by 

adding sections 74:36:07:91, 74:36:07:92, 74:36:08:122, 74:36:08:123, 74:36:08:124, 

74:36:08:125, 74:36:08;126, 74:36:08:127, 74:36:08:128, 74:36:08:129, and 

74:36:08:130; revising sections in chapters 74:36:01, 74:36:02, 74:36:03, 74:36:04, 

74:36:05,74:36:07,74:36:08,74:36:09,74:36:10,74:36:11,74:36:12,74:36:13, 

74:36:16, 74:36:18, 74:36:20, and 74:36:21; and repealing sections 74:36:10:09 and 

74:36:10:10; and 

(2) all materials incorporated by reference 

is admitted at Pierre, South Dakota, this \~ day of -4L, 2013. 

Secretary of Department of Environment and Natural Resources 
IN THE MATTER OF THE 

PROMULGATION OF 

ADMINISTRATIVE RULES 

AUTHORIZATION TO PROCEED 

Pursuant to SDCL subdivision 1-26-4(2), I, Steven M. Pirner, Secretary of the Department 

of Environment and Natural Resources, authorize the Board of Minerals and Environment to 

proceed with the promulgation of the proposed amendments to article 74:36 by adding sections 

74:36:07:91,74:36:07:92,74:36:08:122,74:36:08:123,74:36:08:124,74:36:08:125, 

74:36:08;126, 74:36:08:127,74:36:08:128,74:36:08:129, and 74:36:08:130; revising sections in 

chapters 74:36:01, 74:36:02, 74:36:03, 74:36:04, 74:36:05, 74:36:07, 74:36:08, 74:36:09, 

74:36:10,74:36:11,74:36:12, 74:36:13,74:36:16,74:36:18,74:36:20, and 74:36:21; and 

repealing sections 74:36:10:09 and 74:36:10:10. 

Dated this~ day of -41--, 2013. 

Secretary of Department of Environment and Natural Resources 
SMALL BUSINESS IMPACT STATEMENT FORM 

1. Our agency has determined that the rule/s we are proposing have the following type of 

impact on small businesses: 

[gj Direct impact (please complete remainder of form) 

Most of the proposed rule revisions do not have a direct impact on small businesses. 

However, the following promulgated federal regulation may have a direct impact on 

small business in South Dakota. The Department of Environment and Natural 

Resources (DENR) is proposing to include this federal regulation into the 

Administrative Rules of South Dakota (ARSD) to allow South Dakota the authority 

to implement this rule instead of being implemented by a federal agency. The 

specific rule is ARSD 74:36:08:123- National emission standards for industrial, 

commercial, and institutional boilers area sources. 

0 Indirect impact (please provide a brief explanation, then sign, date, and submit 

form. Questions 2 through 8 do not need to be answered) 

0 No impact (please provide a brief explanation, sign, date, and submit formQuestions 2 through 8 do not need to be answered) 

2. A general narrative and overview of the effect of the rule( s) on small business - written in 

plain, easy to read language: 

ARSD 74:36:08:123- National emission standards for industrial, commercial, and 

institutional boilers area sources. 

This federal regulation reduces emissions of hazardous air pollutants from industrial, 

commercial, and institutional boilers that are located at facilities that are not a major 

source of hazardous air pollutants. The requirements of the federal regulation vary 

depending on the size of the boiler, the type of fuel burned (coal, oil, or biomass), and 

whether the boiler was constructed prior to June 4, 2010. The federal regulation does 

not apply to gas-fired boilers. Gas-fired boilers are those that use natural gas, propane, 

etc. as fuel. 

Small boilers (less than 10 million Btus per hour) that use coal, oil, or biomass as fuel 

are required to maintain records of fuel usage, and conduct a boiler tune-up every other 

year or every 5 years and submit a compliance certification report. 

Large boilers (greater than or equal to 10 million Btus per hour) are subject to 

additional federal requirements, including conducting a one-time energy assessment. 

The boiler may have other fuel analysis, monitoring, and stack testing requirements 

depending on whether the boiler burns coal, oil, or biomass. 

3. What is the basis for the enactment of the rules(s)? 

[gj Required to meet changes in federal law 

0 Required to meet changes in state law 
0 Required solely due to changes in date (i.e. must be changed annually) 

Other: __________________________ _ 

4. Why is the rule(s) needed? 

Under the Clean Air Act, EPA must identify hazardous air pollutants and sources of 

those pollutants that are a potential danger to public health. This federal regulation 

reduces emissions of hazardous air pollutants from industrial, commercial, and 

institutional boilers using coal, oil or biomass for fuel. 

DENR is proposing to include this federal regulation into the Administrative Rules of 

South Dakota to allow South Dakota to implement and enforce the regulation instead of 

directly implemented by EPA. 

5. What small businesses or types of small businesses would be subject to the rule? 

Boilers covered by this regulation may be located at commercial and institutional 

facilities such as stores, manufacturing, processing, or other industries. 

6. Estimate the number of small businesses that would be subject to the rule. 

18] 1-99 0 100-499 0 500-999 0 1,000-4,999 0 More than 5,000 

0 Unknown- please explain---------~-------~--

DENR reviewed its available information and has not identified a small business with a 

boiler applicable to this federal regulation. However, this federal regulation covers 

small boilers that previously would not have required a permit. Therefore, there is the 

potential that a small business in South Dakota may have a boiler applicable to this 

regulation. As such, DENR estimates the number of small business between 1 and 99. 

7. Are small businesses required to file or maintain any reports or records under this rule? 

l8l Yes 0 No 

a. If "yes," how many reports must a small business submit to the state on an 

annual basis? 

Reporting requirements vary depending on the size of the boiler and the type of 

fuel burned. A compliance certification report is due every other year or every 5 

years for small boilers. 

b. If "yes," how much ongoing recordkeeping within the business is necessary? 

The federal regulation requires records of boiler tune-ups, boiler fuel use, initial 

notifications and compliance certification reports, fuel analysis or stack test 

results (if required), monitoring records ru'1d control device maintenance records 

(if applicable), and the energy assessment report (if required). 

2 
c. If "yes," what type of professional skills would be necessary to prepare the 

reports or records? 

[gj The average owner of a small business should be able to complete the reports 

and/or records with no assistance 

0 It is likely that abookkeeper for a small business should be able to complete the 

reports and/or records 

0 It is likely that a small business person would need the assistance of a CPA to 

complete the reports and/or records 

0 It is likely that a small business person would need the assistance of an attorney to 

complete the reports and/or records 

0 Other __________________________________________________ _ 

0 Unknown -please explain----------------------------------------

8. Are there any less intrusive or less costly methods to achieve the purpose of the rule (i.e. 

fewer reports, less recordkeeping, lower penalties)? 

[gj No- please explain 

This is a federal regulation. Affected facilities must comply with the 

requirements whether or not DENR adopts the regulations. 

0 Yes - please explain----=,.-----------------------------------------

Approved by:------------~~~~~~-====~--------------------------- Date: 

3 
ADMINISTRATIVE PROCEDURES ACT 

FISCAL NOTE 

.··· .• ·•.• ',.~{;i!JE,\'··'J;;;. 1"':.: .. /. ··c:: .;:.r. <!ff.AM.ff\. •. ·• ·.··· : · .... 

DEPARTMENT 20 Environment and Natural Resources 

DIVISION 2 Environmental Services 

PROGRAM Air Quality 

PR.OPOSED RULE: Revisions to ARSD 74:36 

Hearing Date: May 16, 2013 

FISCAL IMPACT STATEMENT: 

Brief description of fiscal impact: 

• • • •• .. .. 

No impact These are updated federal requirements that must be met with or without the state 

rules. 

FISCAL NOTE SUMMARY: 

List state agencies of local governmental subdivisions affected: 

None 

REVENUEINCREASES(DECREASES) 

Revent1e.fnc;rE!a~es.(bei:rea~esj Sfa(e, t,qga{8, SnJall Stistne.Ss : ·. 

TOTAL $0 $0 

APPROVED-----+~-"'--=. =----·-==-'-_-::_ _________ DATE 1-.\ ~ 9 [ '3 

Signature Department Secretary f 
IN THE MATTER OF THE 

PROMULGATION OF 

ADMINISTRATIVE RULES 

Personal service of 

ADMISSION OF SERVICE 

(1) The Board of Minerals and Environment proposed amendments to article 74:36 by 

adding sections 74:36:07:91, 74:36:07:92,74:36:08:122, 74:36:08:123,74:36:08:124, 

74:36:08:125, 74:36:08;126, 74:36:08:127, 74:36:08:128, 74:36:08:129, and 

74:36:08:130; revising chapters 74:36:02, 74:36:03, 74:36:04, 74:36:05, 74:36:07, 

74:36:08,74:36:10,74:36:12,74:36:13,74:36:16,74:36:18,74:36:20, and 74:36:21; 

revising sections 74:36:01:01,74:36:01:05,74:36:01:20,74:36:09:02,74:36:09:03, and 

74:36:11:01; and repealing sections 74:36:10:09 and 74:36:10:10, 

(2) the notice of hearing, 

(3) the fiscal note, 

(4) the Small Business Impact Statement, and 

( 5) all materials incorporated by reference 

;')-"" 1\ J. is admitted at Pierre, South Dakota, thist:?'O(- day of__,__H~P"-~"-"----'' 2013. 

Leg;s!ative Research Council 

For these rules, the Agency contact person is: Marlys Heidt 

Phone Number: 773-4213 
IN THE MATTER OF THE 

PROMULGATION OF 

ADMINISTRATIVE RULES 

Personal service of 

ADMISSION OF SERVICE 

(1) the Board of Minerals and Environment proposed amendments to article 74:36 by 

adding sections 74:36:07:91, 74:36:07:92, 74:36:08:122, 74:36:08:123, 74:36:08:124, 

74:36:08:125, 74:36:08; 126, 74:36:08:127, 74:36:08:128, 74:36:08:129, and 

74:36:08:130; revising chapters 74:36:02, 74:36:03, 74:36:04, 74:36:05, 74:36:07, 

74:36:08,74:36:10,74:36:12,74:36:13,74:36:16,74:36:18,74:36:20, and 74:36:21; 

revising sections 74:36:01:01,74:36:01:05,74:36:01:20,74:36:09:02,74:36:09:03, 

and 74:36:11:01; and repealing sections 74:36:10:09 and 74:36:10:10, and 

(2) the notice of hearing, 

(3) the fiscal note, and 

(4) the Small Business Impact Statement Form 

is hereby admitted at Pierre, South Dakota, this Way of ~ , 2013. 

~·· 

Bureau of Finance and Management 
PROPOSED AMENDMENTS 

ARSD 74:36

AIR POLLUTION CONTROL PROGRAM

April 23, 2013
TABLE OF CONTENTS

i

Page

1.0 BACKGROUND ................................................................................................................................................1

2.0 CHAPTER 74:36:01 – DEFINITIONS ............................................................................................................1

3.0 CHAPTER 74:36:02 – AMBIENT AIR QUALITY........................................................................................2

4.0 CHAPTER 74:36:03 – AIR QUALITY EPISODES .......................................................................................2

5.0 CHAPTER 74:36:04 – OPERATING PERMITS FOR MINOR SOURCES ...............................................3

6.0 CHAPTER 74:36:05 – OPERATING PERMITS FOR PART 70 SOURCES..............................................3

7.0 CHAPTER 74:36:07 – NEW SOURCE PERFORMANCE STANDARDS..................................................4

7.1 74:36:07:91 – STANDARDS OF PERFORMANCE FOR NITRIC ACID PLANTS FOR WHICH CONSTRUCTION,

RECONSTRUCTION, OR MODIFICATION COMMENCED AFTER OCTOBER 14, 2011 ......................................................5

7.2 74:36:07:92 – STANDARDS OF PERFORMANCE FOR NEW SEWAGE SLUDGE INCINERATION UNITS ...................5

8.0 CHAPTER 74:36:08 – NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR

POLLUTANTS ............................................................................................................................................................5

8.1 74:36:08:122 – NATIONAL EMISSION STANDARDS FOR COAL- AND OIL-FIRED ELECTRIC UTILITY STEAM 

GENERATING UNITS.......................................................................................................................................................7

8.2 74:36:08:123 – NATIONAL EMISSION STANDARDS FOR INDUSTRIAL, COMMERCIAL, AND INSTITUTIONAL 

BOILERS AREA SOURCES ...............................................................................................................................................7

8.3 74:36:08:124 – NATIONAL EMISSION STANDARDS FOR CHEMICAL MANUFACTURING AREA SOURCES............7

8.4 74:36:08:125 – NATIONAL EMISSION STANDARDS FOR ASPHALT PROCESSING AND ASPHALT ROOFING 

MANUFACTURING AREA SOURCES ................................................................................................................................8

8.5 74:36:08:126 – NATIONAL EMISSION STANDARDS FOR CHEMICAL PREPARATIONS INDUSTRY AREA SOURCES8

8.6 74:36:08:127 – NATIONAL EMISSION STANDARDS FOR PAINT AND ALLIED PRODUCTS MANUFACTURING 

AREA SOURCES ..............................................................................................................................................................8

8.7 74:36:08:128 – NATIONAL EMISSION STANDARDS FOR PREPARED FEEDS MANUFACTURING AREA 

SOURCES........................................................................................................................................................................8

8.8 74:36:08:129 – NATIONAL EMISSION STANDARDS FOR GOLD MINE ORE PROCESSING AND PRODUCTION AREA 

SOURCES........................................................................................................................................................................8

8.9 74:36:08:130 – NATIONAL EMISSION STANDARDS FOR POLYVINYL CHLORIDE AND COPOLYMERS 

PRODUCTION .................................................................................................................................................................8

9.0 CHAPTER 74:36:09 – PREVENTION OF SIGNIFICANT DETERIORATION.......................................9

10.0 CHAPTER 74:36:10 – NEW SOURCE REVIEW .....................................................................................9

11.0 CHAPTER 74:36:11 – PERFORMANCE TESTING..............................................................................10

12.0 CHAPTER 74:36:12 – CONTROL OF VISIBLE EMISSIONS .............................................................10

13.0 CHAPTER 74:36:13 – CONTINUOUS EMISSION MONITORING SYSTEMS ................................10

14.0 CHAPTER 74:36:16 – ACID RAIN PROGRAM.....................................................................................11

15.0 CHAPTER 74:36:18 – REGULATIONS FOR STATE FACILITIES IN THE RAPID CITY AREA11

16.0 CHAPTER 74:36:20 – CONSTRUCTION PERMITS FOR NEW SOURCES OR MODIFICATIONS12

17.0 CHAPTER 74:36:21 – REGIONAL HAZE PROGRAM........................................................................12
1

1.0 Background

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

Resources (DENR) implements federal air quality programs. There are several methods by 

which the U.S. Environmental Protection Agency (EPA) gives states approval to implement 

federal air quality programs. The more traditional method is for states to adopt rules and submit 

the state rules to EPA for implementation into what is known as a state implementation plan 

(SIP). For this process, EPA reviews the state’s rules to determine if the rules are equivalent to 

the federal regulations. If the state’s rules are equivalent, EPA approves the state’s rules through 

a federal register notice. 

A second method for administrating a federal air quality program is to request delegation of the 

program. The first step in requesting delegation is to adopt state rules that are equivalent to the 

federal regulations. Adopting the federal regulations by reference is the simplest method DENR 

has found to achieve this goal. 

A third method for administrating a federal air quality program is to have the program approved. 

As with the first two methods of implementing a federal air quality program, the state must adopt 

rules that are equivalent to the federal program and submit the rules to EPA for approval 

The proposed revisions to South Dakota’s Air Pollution Control Program are discussed in the 

following chapters and may be viewed in Appendix A.

2.0 Chapter 74:36:01 – Definitions

Chapter 74:36:01 is part of South Dakota’s SIP. EPA approved sections 74:36:01:01 through 

74:36:01:20 of this chapter into South Dakota’s SIP. DENR submitted section 74:36:01:21 to 

EPA for approval. Section 74:36:01:21 currently has not received approval. 

The definitions in Chapter 74:36:01 are reviewed periodically to ensure that they are up-to-date 

and consistent with the other Air Quality Program chapters. For example, the federal regulations 

periodically update the definition of a volatile organic compound by adding compounds to the 

list of organic compounds that have negligible photochemical reactivity, and therefore, are not 

included in the definition of a volatile organic compound. Therefore, a few minor changes are 

proposed to update the date referenced for the code of federal regulations to the most current 

version of the federal reference of July 1, 2012. These changes may be observed in the 

following sections:

1. 74:36:01:01(8)(e);

2. 74:36:01:01(29);

3. 74:36:01:01(67);

4. 74:36:01:01(73);

5. 74:36:01:05;

6. 74:36:01:20(5);

7. 74:36:01:20(7); and 

8. 74:36:01:20(8)
2

On March 12, 2013, the Governor of South Dakota signed house bill 1059 titled “An Act 

to repeal and revise certain obsolete and unnecessary statutes and rules relating to the 

Department of Environment and Natural Resources”. This Act repealed the authority associated 

with “variances”. Changes are proposed to delete the reference to the “variance” state authority 

from the regulations. These changes may be observed in the following sections. 

1. 74:36:01:01(27)

2. 74:36:01:01(38)

3. 74:36:01:01(66)

3.0 Chapter 74:36:02 – Ambient Air Quality

Chapter 74:36:02 is part of South Dakota’s SIP and EPA approved sections 74:36:02:01 through 

74:36:02:05 of this chapter into South Dakota’s SIP. 

On February 9, 2010, EPA promulgated a new 1-hour nitrogen dioxide National Ambient Air 

Quality Standard, which became effective April 12, 2010. The new nitrogen dioxide standard is 

100 parts per billion, based on the 3-year average of the 98th percentile of the yearly distribution 

of 1-hour daily maximum concentrations. 

On June 22, 2010, EPA promulgated a new 1-hour sulfur dioxide National Ambient Air Quality 

Standard, which became effective August 23, 2010. The new sulfur dioxide standard is 75 parts 

per billion, based on the 3-year average of the 99th percentile of the yearly distribution of 1-hour 

daily maximum concentrations.

To incorporate these standards into South Dakota’s SIP, the reference date for the federal 

regulation is proposed to be updated to the most current version of the federal reference of July 

1, 2012. This revision will also update any other minor inconsistency between South Dakota’s 

SIP and EPA’s federal regulations as of July 1, 2012. These changes may be observed in the 

following sections:

 

1. 74:36:02:02;

2. 74:36:02:03;

3. 74:36:02:04; and 

4. 74:36:02:05

4.0 Chapter 74:36:03 – Air Quality Episodes

Chapter 74:36:03 is part of South Dakota’s SIP and EPA approved sections 74:36:03:01 and 

74:36:03:02 of this chapter into South Dakota’s SIP.

The reference date for the federal regulation is proposed to be updated to the most current 

version of the federal reference of July 1, 2012. This revision will update any minor 

inconsistency between South Dakota’s SIP and EPA’s federal regulations as of July 1, 2012. 

These changes may be observed in the following sections:
3

1. 74:36:03:01; and

2. 74:36:03:02;

5.0 Chapter 74:36:04 – Operating Permits for Minor Sources

Chapter 74:36:04 is part of South Dakota’s SIP. EPA approved sections 74:36:04:01 through 

74:36:04:33 of this chapter into South Dakota’s SIP, except for Section 74:36:04:03.01. Section

74:36:04:03.01 allows DENR to issue a variance to a source that is unable to meet a state 

emission limit. The variance allows the source to operate even while exceeding the state 

emission limit while the source makes changes to bring its operations back into compliance with 

the state emission limit. This section is not included as part of South Dakota’s SIP because EPA 

will not approve variances in a SIP. 

 

The reference date for the federal regulation is proposed to be updated to the most current 

version of the federal reference of July 1, 2012. This revision will update any minor 

inconsistency between South Dakota’s SIP and EPA’s federal regulations as of July 1, 2012. 

These changes may be observed in the following section:

1. 74:36:04:04.

On March 12, 2013, the Governor of South Dakota signed house bill 1059 titled “An Act 

to repeal and revise certain obsolete and unnecessary statutes and rules relating to the 

Department of Environment and Natural Resources”. This Act repealed the authority associated 

with “variances”. Changes are proposed to delete the reference to the “variance” state authority 

from the regulations. These changes may be observed in the following sections. 

1. 74:36:04:05

2. 74:36:04:12

3. 74:36:04:13

4. 74:36:04:14

5. 74:36:04:15

Even though Section 74:36:04:03.01 is not proposed as being removed from the regulations. The 

house bill will automatically remove section 74:36:04:03.01 for these regulations. 

6.0 Chapter 74:36:05 – Operating Permits for Part 70 Sources

South Dakota developed and EPA has approved its Operating Permit for Part 70 Source 

program, which may also be referred to as the Title V air quality operating permit program, using 

EPA’s third method for administrating a federal program. This program is located in section 

74:35:05:01 through 74:35:05:52. 

The reference date for the federal regulation is proposed to be updated to the most current 

version of the federal reference of July 1, 2012. This revision will update any minor 
4

inconsistency between South Dakota’s SIP and EPA’s federal regulations as of July 1, 2012. 

These changes may be observed in the following sections:

1. 74:36:05:04(2); 

2. 74:36:05:04(3);

3. 74:36:05:06;

4. 74:36:05:16.01(17); and

5. 74:36:05:16.01(18).

On March 12, 2013, the Governor of South Dakota signed house bill 1059 tiltled “An Act 

to repeal and revise certain obsolete and unnecessary statutes and rules relating to the 

Department of Environment and Natural Resources”. This Act repealed the authority associated 

with “variances”. Changes are proposed to delete the reference to the “variance” state authority 

from the regulations. These changes may be observed in the following sections. 

1. 74:36:05:07

2. 74:36:05:20.01

3. 74:36:05:20.02

7.0 Chapter 74:36:07 – New Source Performance Standards

The federal new source performance standards program is delegated to South Dakota provided 

the rules are equivalent to the federal regulations. This chapter was last updated in June 2010, 

when the federal regulations promulgated as of July 1, 2009, were adopted by reference.

The reference date for the federal regulation is proposed to be updated to the most current 

version of the federal reference of July 1, 2012. This revision will update any minor 

inconsistency between South Dakota’s rules and EPA’s federal regulations as of July 1, 2012. 

These changes may be observed in the following sections:

1. 74:36:07:01; 

2. 74:36:07:02;

3. 74:36:07:03;

4. 74:36:07:04;

5. 74:36:07:05;

6. 74:36:07:06;

7. 74:36:07:06.01;

8. 74:36:07:06.02;

9. 74:36:07:07;

10. 74:36:07:07.01;

11. 74:36:07:08;

12. 74:36:07:09;

13. 74:36:07:10;

14. 74:36:07:11;

15. 74:36:07:12;

16. 74:36:07:13;

17. 74:36:07:14;

18. 74:36:07:15;

19. 74:36:07:16;

20. 74:36:07:17;

21. 74:36:07:18;

22. 74:36:07:19;

23. 74:36:07:20;

24. 74:36:07:21;

25. 74:36:07:22;

26. 74:36:07:22.01;

27. 74:36:07:23;

28. 74:36:07:24;

29. 74:36:07:25;

30. 74:36:07:26;

31. 74:36:07:27;

32. 74:36:07:28;

33. 74:36:07:29;

34. 74:36:07:30;

35. 74:36:07:31;

36. 74:36:07:32;

37. 74:36:07:33;

38. 74:36:07:34;

39. 74:36:07:35;

40. 74:36:07:36;

41. 74:36:07:37(1);

42. 74:36:07:39;

43. 74:36:07:40;

44. 74:36:07:41;

45. 74:36:07:42;
5

46. 74:36:07:42.01;

47. 74:36:07:43;

48. 74:36:07:44;

49. 74:36:07:45;

50. 74:36:07:46;

51. 74:36:07:46.01;

52. 74:36:07:47;

53. 74:36:07:48;

54. 74:36:07:49;

55. 74:36:07:50;

56. 74:36:07:51;

57. 74:36:07:52;

58. 74:36:07:53;

59. 74:36:07:54;

60. 74:36:07:55;

61. 74:36:07:56;

62. 74:36:07:57;

63. 74:36:07:58;

64. 74:36:07:59;

65. 74:36:07:60;

66. 74:36:07:61;

67. 74:36:07:62;

68. 74:36:07:63;

69. 74:36:07:64;

70. 74:36:07:65;

71. 74:36:07:66;

72. 74:36:07:67;

73. 74:36:07:68;

74. 74:36:07:69;

75. 74:36:07:70;

76. 74:36:07:71;

77. 74:36:07:72;

78. 74:36:07:73;

79. 74:36:07:74;

80. 74:36:07:75;

81. 74:36:07:76;

82. 74:36:07:76.01;

83. 74:36:07:77;

84. 74:36:07:78

85. 74:36:07:79;

86. 74:36:07:80;

87. 74:36:07:81;

88. 74:36:07:82;

89. 74:36:07:83;

90. 74:36:07:84;

91. 74:36:07:85;

92. 74:36:07:86;

93. 74:36:07:87;

94. 74:36:07:88;

95. 74:36:07:89; and

96. 74:36:07:90;

EPA has promulgated new standards since the last update to this chapter. The following 

sections are proposed to be included into South Dakota’s rules. 

 74:36:07:91. Standards of performance for nitric acid plants for which construction, 

reconstruction, or modification commenced after October 14, 2011;

 74:36:07:92. Standards of performance for new sewage sludge incineration units; and

7.1 74:36:07:91 – Standards of performance for nitric acid plants for which 

construction, reconstruction, or modification commenced after October 14, 2011

This federal regulation establishes standards of performance for nitric acid plants that 

commenced construction, reconstruction, or modification after October 14, 2011. This standard 

is located in 40 CFR Part 60, subpart Ga (July 1, 2012). DENR is proposing to adopt this 

standard by reference.

7.2 74:36:07:92 – Standards of performance for new sewage sludge incineration units

This federal regulation establishes standards of performance for new sewage sludge incineration 

units. This standard is located in 40 CFR Part 60, subpart LLLL (July 1, 2012). DENR is 

proposing to adopt this standard by reference.

8.0 Chapter 74:36:08 – National Emission Standards for Hazardous Air 

Pollutants

The revision process for chapter 74:36:08 is similar to the revision process for chapter 74:36:07. 
6

The reference date for the federal regulation is proposed to be updated to the most current 

version of the federal reference of July 1, 2012. This revision will update any minor 

inconsistency between South Dakota’s rules and EPA’s federal regulations as of July 1, 2012. 

These changes may be observed in the following sections:

1. 74:36:08:01; 

2. 74:36:08:02;

3. 74:36:08:02.01;

4. 74:36:08:02.02;

5. 74:36:08:02.03;

6. 74:36:08:02.04;

7. 74:36:08:03;

8. 74:36:08:03.01;

9. 74:36:08:04;

10. 74:36:08:05;

11. 74:36:08:06;

12. 74:36:08:07;

13. 74:36:08:08;

14. 74:36:08:09;

15. 74:36:08:10;

16. 74:36:08:11;

17. 74:36:08:12;

18. 74:36:08:13;

19. 74:36:08:14;

20. 74:36:08:15;

21. 74:36:08:16;

22. 74:36:08:17;

23. 74:36:08:18;

24. 74:36:08:19;

25. 74:36:08:20;

26. 74:36:08:21;

27. 74:36:08:22;

28. 74:36:08:23;

29. 74:36:08:24;

30. 74:36:08:25;

31. 74:36:08:26;

32. 74:36:08:27;

33. 74:36:08:28;

34. 74:36:08:29;

35. 74:36:08:30;

36. 74:36:08:31;

37. 74:36:08:32;

38. 74:36:08:33;

39. 74:36:08:34;

40. 74:36:08:35;

41. 74:36:08:36;

42. 74:36:08:37;

43. 74:36:08:38;

44. 74:36:08:39;

45. 74:36:08:40;

46. 74:36:08:41;

47. 74:36:08:42;

48. 74:36:08:43;

49. 74:36:08:44;

50. 74:36:08:45;

51. 74:36:08:46;

52. 74:36:08:47;

53. 74:36:08:48;

54. 74:36:08:49;

55. 74:36:08:50;

56. 74:36:08:51;

57. 74:36:08:52;

58. 74:36:08:53;

59. 74:36:08:54;

60. 74:36:08:55;

61. 74:36:08:56;

62. 74:36:08:57;

63. 74:36:08:58;

64. 74:36:08:59;

65. 74:36:08:60;

66. 74:36:08:61;

67. 74:36:08:62;

68. 74:36:08:63;

69. 74:36:08:64;

70. 74:36:08:65;

71. 74:36:08:66;

72. 74:36:08:67;

73. 74:36:08:68;

74. 74:36:08:69;

75. 74:36:08:70;

76. 74:36:08:71;

77. 74:36:08:72;

78. 74:36:08:73;

79. 74:36:08:74;

80. 74:36:08:75;

81. 74:36:08:76;

82. 74:36:08:77;

83. 74:36:08:78

84. 74:36:08:79;

85. 74:36:08:80;

86. 74:36:08:81;

87. 74:36:08:82;

88. 74:36:08:83;

89. 74:36:08:84;

90. 74:36:08:85;

91. 74:36:08:86;

92. 74:36:08:87;

93. 74:36:08:88;

94. 74:36:08:89;

95. 74:36:08:90;

96. 74:36:08:91;

97. 74:36:08:92;

98. 74:36:08:93;

99. 74:36:08:94;

100. 74:36:08:95;

101. 74:36:08:96;

102. 74:36:08:97;

103. 74:36:08:98;

104. 74:36:08:99;

105. 74:36:08:100;

106. 74:36:08:101;

107. 74:36:08:102;

108. 74:36:08:103;

109. 74:36:08:104;

110. 74:36:08:105;

111. 74:36:08:106;

112. 74:36:08:107;

113. 74:36:08:108;

114. 74:36:08:109;

115. 74:36:08:110;

116. 74:36:08:111;

117. 74:36:08:112;

118. 74:36:08:113;

119. 74:36:08:144;

120. 74:36:08:115;

121. 74:36:08:116;

122. 74:36:08:117;

123. 74:36:08:118;
7

124. 74:36:08:119; 125. 74:36:08:120; and 126. 74:36:08:121.

There are several national emission standards for hazardous air pollutants that have been 

promulgated by EPA. The following sections are proposed to be included into South Dakota’s 

rules. 

 74:36:08:122. National emission standards for coal- and oil-fired electric utility steam 

generating units;

 74:36:08:123. National emission standards for industrial, commercial, and institutional 

boilers area sources;

 74:36:08:124. National emission standards for chemical manufacturing area sources;

 74:36:08:125. National emission standards for asphalt processing and asphalt roofing 

manufacturing area sources;

 74:36:08:126. National emission standards for chemical preparations industry area sources;

 74:36:08:127. National emission standards paint and allied products manufacturing area 

sources;

 74:36:08:128. National emission standards for prepared feeds manufacturing area sources;

 74:36:08:129. National emission standards for gold mine ore processing and production area 

sources; and

 74:36:08:130. National emission standards for polyvinyl chloride and copolymers 

production.

8.1 74:36:08:122 – National emission standards for coal- and oil-fired electric utility 

steam generating units

This federal regulation establishes national emission standards for hazardous air pollutants for 

coal- and oil-fired electric utility steam generating units. This standard is located in 40 CFR Part 

63, subpart UUUUU (July 1, 2012). DENR is proposing to adopt this federal standard by 

reference.

8.2 74:36:08:123 – National emission standards for industrial, commercial, and 

institutional boilers area sources

This federal regulation establishes national emission standards for hazardous air pollutants for 

industrial, commercial, and institutional boilers area sources. This standard is located in 40 CFR 

Part 63, subpart JJJJJJ (July 1, 2012). Sources that may be subject to this standard include 3M 

(Aberdeen), John Morrell, Saputo Cheese, Black Hills VA Health Care System – Fort Meade, 

and Spearfish Forest Products. DENR is proposing to adopt this federal standard by reference. 

8.3 74:36:08:124 – National emission standards for chemical manufacturing area 

sources

This federal regulation establishes national emission standards for hazardous air pollutants for 

chemical manufacturing area sources. This standard is located in 40 CFR Part 63, subpart 

VVVVVV (July 1, 2012). Sources that are subject to this standard include ABE South Dakota 
8

(Huron and Aberdeen), Redfield Energy, and Dakota Ethanol. DENR is proposing to adopt this 

federal standard by reference. 

8.4 74:36:08:125 – National emission standards for asphalt processing and asphalt 

roofing manufacturing area sources

This federal regulation establishes national emission standards for hazardous air pollutants for 

asphalt processing and asphalt roofing manufacturing area sources. This standard is located in 40 

CFR Part 63, subpart AAAAAAA (July 1, 2012). DENR is proposing to adopt this federal 

standard by reference.

8.5 74:36:08:126 – National emission standards for chemical preparations industry area 

sources

This federal regulation establishes national emission standards for hazardous air pollutants for 

chemical preparations industry area sources. This standard is located in 40 CFR Part 63, subpart 

BBBBBBB (July 1, 2012). DENR is proposing to adopt this federal standard by reference.

8.6 74:36:08:127 – National emission standards for paint and allied products 

manufacturing area sources

This federal regulation establishes national emission standards for hazardous air pollutants for 

paint and allied products manufacturing area sources. This standard is located in 40 CFR Part 63, 

subpart CCCCCCC (July 1, 2012). DENR is proposing to adopt this federal standard by 

reference. 

8.7 74:36:08:128 – National emission standards for prepared feeds manufacturing area 

sources

This federal regulation establishes national emission standards for hazardous air pollutants for 

prepared feeds manufacturing area sources. This standard is located in 40 CFR Part 63, subpart 

DDDDDDD (July 1, 2012). Sources that may be subject to this standard include Cenex Harvest 

States Nutrition, Land O’Lakes Purina Feed, Hubbard Feeds, Ridley Block Operations, and 

Eastern Farmers Coop. DENR is proposing to adopt this federal standard by reference. 

8.8 74:36:08:129 – National emission standards for gold mine ore processing and 

production area sources

This federal regulation establishes national emission standards for hazardous air pollutants for 

gold mine ore processing and production area sources. This standard is located in 40 CFR Part 

63, subpart EEEEEEE (July 1, 2012). Wharf Resources (USA) Inc. is subject to this standard. 

DENR is proposing to adopt this federal standard by reference.

8.9 74:36:08:130 – National emission standards for polyvinyl chloride and copolymers 

production
9

This federal regulation establishes national emission standards for hazardous air pollutants for 

polyvinyl chloride and copolymers production. This standard is located in 40 CFR Part 63, 

subpart HHHHHHH (July 1, 2012). DENR is proposing to adopt this federal standard by 

reference. 

9.0 Chapter 74:36:09 – Prevention of Significant Deterioration

Chapter 74:36:09 is part of South Dakota’s SIP. EPA approved sections 74:36:09:01 through 

74:36:09:03 of this chapter into South Dakota’s SIP.

The reference date for the federal regulation is proposed to be updated to the most current 

version of the federal reference of July 1, 2012. This revision will update any minor 

inconsistency between South Dakota’s SIP and EPA’s federal regulations as of July 1, 2012. 

These changes may be observed in the following sections:

1. 74:36:09:02; and

2. 74:36:09:03.

On June 24, 2005, the United States Court of Appeals for the District of Columbia Circuit 

vacated EPA’s inclusion of clean unit and pollution control project regulations from the 

prevention of significant deterioration program. In 2007, EPA removed these requirements from 

the federal regulations. Changes are proposed to revise South Dakota’s SIP to remove references 

to clean units and pollution control projects. These changes may be observed in section 

74:36:09:02.

10.0 Chapter 74:36:10 – New Source Review

Chapter 74:36:10 is part of South Dakota’s SIP and EPA approved sections 74:36:10:01 through 

74:36:10:10 of this chapter into South Dakota’s SIP.

The reference date for the federal regulation is proposed to be updated to the most current 

version of the federal reference of July 1, 2012. This revision will update any minor 

inconsistency between South Dakota’s SIP and EPA’s federal regulations as of July 1, 2012. 

These changes may be observed in the following sections:

1. 74:36:10:02; 

2. 74:36:10:03.01;

3. 74:36:10:05;

4. 74:36:10:07; and

5. 74:36:10:08;

On June 24, 2005, the United States Court of Appeals for the District of Columbia Circuit 

vacated EPA’s inclusion of clean unit and pollution control project regulations from the new 

source review program. In 2007, EPA removed these requirements from the federal regulations. 

Changes are proposed to revise South Dakota’s SIP to remove references to clean units and 

pollution control projects. These changes may be observed in the following sections:
10

1. 74:36:10:03.01;

2. 74:36:10:09; and

3. 74:36:10:10;

11.0 Chapter 74:36:11 – Performance Testing

Chapter 74:36:11 is part of South Dakota’s SIP and EPA approved sections 74:36:11:01 through 

74:36:11:04 of this chapter into South Dakota’s SIP.

The reference date for the federal regulation is proposed to be updated to the most current 

version of the federal reference of July 1, 2012. This revision will update any minor 

inconsistency between South Dakota’s SIP and EPA’s federal regulations as of July 1, 2012. 

These changes may be observed in the following section:

1. 74:36:11:01.

12.0 Chapter 74:36:12 – Control of Visible Emissions

Chapter 74:36:12 is part of South Dakota’s SIP and EPA approved sections 74:36:12:01 through 

74:36:12:03 of this chapter into South Dakota’s SIP.

The reference date for the federal regulation is proposed to be updated to the most current 

version of the federal reference of July 1, 2012. This revision will update any minor 

inconsistency between South Dakota’s SIP and EPA’s federal regulations as of July 1, 2012. 

These changes may be observed in the following sections:

1. 74:36:12:01; and

2. 74:36:12:03.

South Dakota’s opacity requirements do not apply during periods of soot blowing, startup, 

shutdown, and malfunctions. However, the wording includes the phrase “such operations as” 

which may imply there are other periods that the standard did not apply, which was not the 

intention of the language. Changes to section 74:36:12:02 are proposed to remove this phrase to 

clarify the applicable time periods. 

13.0 Chapter 74:36:13 – Continuous Emission Monitoring Systems

Chapter 74:36:13 is part of South Dakota’s SIP and EPA approved sections 74:36:13:01 through 

74:36:13:07 of this chapter into South Dakota’s SIP. Section 74:36:13:08 is not part of South 

Dakota’s SIP but was approved by EPA as part of South Dakota’s Title V permitting Program 

noted in Chapter 74:36:05.

The reference date for the federal regulation is proposed to be updated to the most current 

version of the federal reference of July 1, 2012. This revision will update any minor 
11

inconsistency between South Dakota’s SIP, approved Title V permitting Program and EPA’s 

federal regulations as of July 1, 2012. These changes may be observed in the following sections:

1. 74:36:13:02; 

2. 74:36:13:03;

3. 74:36:13:04;

4. 74:36:13:06;

5. 74:36:13:07(1)(a);

6. 74:36:13:07(2)(a); and

7. 74:36:13:08.

14.0 Chapter 74:36:16 – Acid Rain Program

South Dakota’s Acid Rain Program is similar to Chapter 74:36:07 – New source performance 

standards and Chapter 74:36:08 – National emission standards for hazardous air pollutants. This 

chapter is delegated to South Dakota by EPA. 

The reference date for the federal regulation is proposed to be updated to the most current 

version of the federal reference of July 1, 2012. This revision will update any minor 

inconsistency between South Dakota’s SIP and EPA’s federal regulations as of July 1, 2012. 

These changes may be observed in the following sections:

1. 74:36:16:01;

2. 74:36:16:02;

3. 74:36:16:04; and

4. 74:36:16:05.

15.0 Chapter 74:36:18 – Regulations for State Facilities in the Rapid City 

Area

Chapter 74:36:18 is part of South Dakota’s SIP and EPA approved sections 74:36:18:01 through 

74:36:18:12 of this chapter into South Dakota’s SIP. 

The reference date for the federal regulation is proposed to be updated to the most current 

version of the federal reference of July 1, 2012. This revision will update any minor 

inconsistency between South Dakota’s SIP and EPA’s federal regulations as of July 1, 2012. 

These changes may be observed in the following sections:

1. 74:36:18:10.

On March 12, 2013, the Governor of South Dakota signed house bill 1059 tiltled “An Act 

to repeal and revise certain obsolete and unnecessary statutes and rules relating to the 

Department of Environment and Natural Resources”. ThissiAct repealed the authority associated 

with “variances”. Changes are proposed to delete the reference to the “variance” state authority 

from the regulations. These changes may be observed in the following sections. 
12

1. 74:36:18:04

2. 74:36:18:05

3. 74:36:18:06

4. 74:36:18:11

5. 74:36:18:12

16.0 Chapter 74:36:20 – Construction Permits for New Sources or 

Modifications

In June 2010, South Dakota requested EPA incorporate Chapter 74:36:20 into South Dakota’s 

SIP. To date, EPA has not acted upon South Dakota’s request. 

The reference date for the federal regulation is proposed to be updated to the most current 

version of the federal reference of July 1, 2012. This revision will update any minor 

inconsistency between South Dakota’s SIP and EPA’s federal regulations as of July 1, 2012. 

These changes may be observed in the following section:

1. 74:36:20:05.

On March 12, 2013, the Governor of South Dakota signed house bill 1059 tiltled “An Act 

to repeal and revise certain obsolete and unnecessary statutes and rules relating to the 

Department of Environment and Natural Resources”. This Act repealed the authority associated 

with “variances”. Changes are proposed to delete the reference to the “variance” state authority 

from the regulations. These changes may be observed in the following sections. 

1. 74:36:20:11

2. 74:36:20:13

3. 74:36:20:14

4. 74:36:20:15

17.0 Chapter 74:36:21 – Regional Haze Program

Chapter 74:36:21 is part of South Dakota’s SIP and EPA approved sections 74:36:21:01 through 

74:36:21:12 of this chapter into South Dakota’s SIP. 

The reference date for the federal regulation is proposed to be updated to the most current 

version of the federal reference of July 1, 2012. This revision will update any minor 

inconsistency between South Dakota’s SIP and EPA’s federal regulations as of July 1, 2012. 

These changes may be observed in the following sections:

1. 74:36:21:02(8); 

2. 74:36:21:04

3. 74:36:21:05 and

4. 74:36:21:09.
1

Appendix A

Proposed Amendments

To

ARSD 74:36 – Air Pollution Control Program
2

ARTICLE 74:36

AIR POLLUTION CONTROL PROGRAM

Chapter

74:36:01 Definitions.

74:36:02 Ambient air quality.

74:36:03 Air quality episodes.

74:36:04 Operating permits for minor sources.

74:36:05 Operating permits for Part 70 sources.

74:36:06 Regulated air pollutant emissions.

74:36:07 New source performance standards.

74:36:08 National emission standards for hazardous air pollutants.

74:36:09 Prevention of significant deterioration.

74:36:10 New source review.

74:36:11 Performance testing.

74:36:12 Control of visible emissions.

74:36:13 Continuous emission monitoring systems.

74:36:14 Variances, Repealed.

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

74:36:16 Acid rain program.

74:36:17 Rapid City street sanding and deicing.
3

74:36:18 Regulations for state facilities in the Rapid City area.

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

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

74:36:21 Regional haze program.

CHAPTER 74:36:01

DEFINITIONS

Section

74:36:01:01 Definitions.

74:36:01:02 Repealed.

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

74:36:01:04 Affected states defined.

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

74:36:01:06 Complete application defined.

74:36:01:07 Repealed.

74:36:01:08 Major source defined.

74:36:01:09 Categories of sources defined.

74:36:01:10 Modification defined.

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

74:36:01:12 Potential to emit defined.
4

74:36:01:13 Process weight rate defined.

74:36:01:14 Repealed.

74:36:01:15 Regulated air pollutant defined.

74:36:01:16 Responsible official defined.

74:36:01:17 Repealed.

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

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

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

74:36:01:21 Commenced construction defined.

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

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

(2) "Acid rain permit," a legally binding written document or portion of a document that is 

issued by the department and specifies the acid rain program requirements applicable to an 

affected source and to the owners and operators and the designated representative of the affected 

source;

(3) "Acid rain program," the national sulfur dioxide and nitrogen oxides air pollution 

control and emissions reduction program established in accordance with Title IV of the Clean 

Air Act;
5

(4) "Administrator," the administrator of the Environmental Protection Agency or the 

secretary or their authorized representatives;

(5) "Affected source," a source that includes one or more affected units under Title IV of 

the Clean Air Act;

(6) "Affected unit," a unit that is subject to any of the emission reduction requirements or 

emission limits pursuant to Title IV of the Clean Air Act or chapter 74:36:16;

(7) "Air pollutant," one or a combination of the regulated air pollutants listed in 

§ 74:36:01:15;

(8) "Allowable emissions," the emission rate calculated using the maximum rated capacity 

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

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

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

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

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

future compliance date;

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

(e) The applicable standards in 40 C.F.R. Part 60, 61, or 63 (July 1, 2009 July 1, 2012);
6

(9) "Ambient air," that portion of the atmosphere external to buildings to which the 

general public has access;

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

(11) "Board," the Board of Minerals and Environment;

(12) "Btu," British thermal unit;

(13) "CO," carbon monoxide;

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

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

January 1, 2010;

(16) "Clean Air Act Amendments," the amendments to the Clean Air Act enacted in Pub. 

L. No. 101-549, November 15, 1990;

(17) "Control equipment," a device which prevents or reduces emissions;
7

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

quality standards have been set, including sulfur dioxides, particulate matter, carbon monoxide, 

ozone, nitrogen oxides, and lead;

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

(20) "Designated representative," the responsible person or official authorized by the 

owner or operator of an affected unit, in accordance with the Clean Air Act, to represent the 

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

allocated to the unit and the submission of and compliance with permits, permit applications, and 

compliance plans for the unit;

(21) "Draft permit," the version of a permit for which the department offers public 

participation or affected state review;

(22) "Emissions allowable under the permit," a federally enforceable permit term or 

condition determined at issuance to be required by an applicable requirement that establishes an 

emissions limit, including work practice standards, or a federally enforceable emissions cap that 

the source has assumed to avoid an applicable requirement to which the source would otherwise 

be subject;

(23) "Emission standard," the maximum amount of a pollutant legally permitted to be 

discharged from a single unit;
8

(24) "Emission unit," "Unit," any part or activity of a stationary source which emits or has 

the potential to emit a regulated air pollutant or any pollutant listed under section 112(b) of the 

Clean Air Act;

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

(26) "Equivalent method," any method of sampling and analysis for an air pollutant which 

has a consistent and quantitatively known relationship to the reference method under specified 

conditions;

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

(28) "Facility," a building, structure, or installation of pollutant-emitting activities which 

belong to the same industrial grouping, located on one or more contiguous or adjacent properties 

and under the control of the same person or of persons under common control, except the 

activities of a water-borne vessel. Pollutant-emitting activities are part of the same industrial 

grouping if they belong to the same major group, i.e., have the same two-digit code, as described 

in the Standard Industrial Classification Manual, 1987;

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

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

requirements developed pursuant to this article, those appearing in 40 C.F.R. §§ 60 and 61 (July 
9

1, 2009 July 1, 2012), requirements within the state implementation plan, and permit 

requirements established pursuant to this article or 40 C.F.R. § 51 Subpart I (July 1, 2009 July 1, 

2012). The use of this term does not impede the department's authority under state law to enforce 

these limits and conditions;

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

for a source that has completed all required review procedures;

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

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

producing heat or power by indirect heat transfer;

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

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

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

that may be made applicable to numerous similar sources;

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

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

designer's guaranteed maximum input, whichever is greater;
10

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

removing its combustible material;

(36) "Malfunction," any sudden and unavoidable failure of air pollution control equipment 

or process equipment or of a process to operate in a normal or usual manner, but not a failure 

caused entirely or in part by poor maintenance, careless operation, preventable equipment 

breakdown, or any other cause within the control of the owner or operator of the source;

(37) "Minor source," a source whose potential emissions of a criteria pollutant are less 

than 100 tons a year and which does not meet the definition of a Part 70 source;

(38) "New source," a source that has not been constructed and does not possess a permit or 

an approved state-issued variance;

(39) "Nonattainment area," an area that does not meet or that contributes to ambient air

quality in a nearby area that does not meet the national primary or secondary ambient air quality 

standard for the pollutant;

(40) "NSR," new source review;

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

obscure the view of an object in the background;
11

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

combustion resulting from the burning are emitted directly into the ambient air without passage 

through a stack, duct, or chimney;

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

the operation of a source;

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

source;

(45) Repealed;

(46) "Part 70 operating permit," any permit or group of permits covering a Part 70 source 

that is issued, renewed, amended, or revised;

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

(48) "Particulate matter," a broad class of chemically and physically diverse substances 

that exist as discrete particles, liquid droplets, or solids over a wide range of sizes;

(49) "Permit modification," a change to a source which operates under a minor source 

operating permit or Part 70 operating permit that meets the requirements of § 74:36:01:10;
12

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

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

amendment;

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

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

successor, representative, agent, or agency of the foregoing;

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

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

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

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

comments, including those from affected states;

(54) "PSD," prevention of significant deterioration;

(55) Repealed;

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

product or material;
13

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

Natural Resources or an authorized representative;

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

or process for any purposes;

(59) "Smoke," small gas-borne particles resulting from incomplete combustion, consisting 

predominantly, but not exclusively, of carbon, ash, and other combustible material, that form a 

visible plume in the air;

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

Air Act;

(61) "Start-up," the setting into operation of any control equipment, process equipment, or 

process for any purpose;

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

maintenance of national ambient air quality standards;

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

(64) "Title V," Title V of the Clean Air Act Amendments, permits;
14

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

protection;

(66) "Variance," a written authorization issued by the board to operate a minor source in 

an attainment area that is not in compliance with certain portions of the Act;

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

2009 July 1, 2012);

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

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

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

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

(70) "SO2," sulfur dioxide;

(71) "NO2," nitrogen dioxide;

(72) "Construction permit," a written authorization issued by the board or the secretary for 

the construction and operation of a new source or modification to an existing source; and
15

(73) "Subject to regulation," as defined in 40 CFR § 70.2 (July 1, 2009 July 1, 2012), as 

revised in publication 75 Fed. Reg. 31607 (June 3, 2010), in accordance with EPA requirements.

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

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

1981; 8 SDR 71, effective December 21, 1981; 10 SDR 68, effective January 5, 1984; 13 SDR 

129, 13 SDR 141, effective July 1, 1987; 14 SDR 72, effective November 24, 1987; 16 SDR 88, 

effective November 14, 1989; 17 SDR 170, effective May 13, 1991; transferred from 

§ 74:26:01:01, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 

SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999; 30 SDR 26, 

effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 

13, 2006; 36 SDR 207, effective June 28, 2010; 37 SDR 182, effective April 20, 2011.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6.

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

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

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

100012. Cost: $31.

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

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

a Part 70 source, unless the context of the Clean Air Act requires otherwise:
16

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

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

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

promulgated in Part 52 of 40 C.F.R. (July 1, 2009 July 1, 2012);

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

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

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

§ 111(d);

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

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

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

Air Act or the regulations promulgated under it;

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

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

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

the Clean Air Act;
17

(8) Any standard or other requirement for consumer and commercial products, under 

§ 183(e) of the Clean Air Act;

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

Act;

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

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

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

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

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

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

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

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

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

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

June 13, 2006; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

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

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

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

(1) Routine maintenance, repair, and replacement;

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

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

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

as in effect on January 1, 1993;

(3) Use of an alternative fuel because of an order or rule under § 125 of the Clean Air Act;

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

solid waste;

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

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

1975, pursuant to 40 C.F.R. § 52.21 (July 1, 2009 July 1, 2012), or under regulations approved 

pursuant to 40 C.F.R. Part 51, Subpart I, or 40 C.F.R. § 51.166 (July 1, 2009 July 1, 2012);

(6) Any change of ownership at a source;
19

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

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

federally enforceable permit condition which was established after January 6, 1975, pursuant to 

40 C.F.R. § 52.21 (July 1, 2009 July 1, 2012), or under regulations approved pursuant to 40 

C.F.R. Part 51, Subpart I, or 40 C.F.R. § 51.166 (July 1, 2009 July 1, 2012); and

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

under a permit issued under 40 C.F.R. § 52.21 (July 1, 2009 July 1, 2012) or under regulations 

approved pursuant to 40 C.F.R. § 51.165 (July 1, 2009 July 1, 2012).

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

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

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6.

CHAPTER 74:36:02

AMBIENT AIR QUALITY

Section

74:36:02:01 Air quality goals.
20

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

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

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

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

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

in 40 C.F.R. §§ 50.1 to 50.5, inclusive, (July 1, 2009 July 1, 2012); 40 C.F.R. § 50.6 (July 1, 

2009 July 1, 2012); 40 C.F.R. § 50.7(a)(1), (b), and (c) (July 1, 2009 July 1, 2012); 40 C.F.R. 

§ 50.8 and 40 C.F.R. §§ 50.10 to 50.12, inclusive, (July 1, 2009 July 1, 2012), define the types 

and levels of air pollution above which the ambient air would limit the attainment of the goals 

specified in § 74:36:02:01. These standards apply to the entire state of South Dakota, and no 

person may cause these standards to be exceeded. The standards include normal background 

levels of air pollutants.

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

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

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

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

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

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

effective June 28, 2010.

General Authority: SDCL 34A-1-6, 34A-1-15.
21

Law Implemented: SDCL 34A-1-15.

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

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

(July 1, 2009 July 1, 2012) shall be measured by the reference method or methods stated in 40 

C.F.R. Part 50, Appendix A to Appendix N, inclusive, (July 1, 2009 July 1, 2012) or an 

equivalent method designated in accordance with 40 C.F.R. Part 53 (July 1, 2009 July 1, 2012).

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

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

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

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

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

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

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

Law Implemented: SDCL 34A-1-15.

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

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

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

1, 2009 July 1, 2012).
22

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

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

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

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

Law Implemented: SDCL 34A-1-15.

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

monitoring required by the department shall be consistent with 40 C.F.R. Part 58 (July 1, 2009

July 1, 2012). Records of monitoring activities and results shall be retained for a minimum of 

three years.

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

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

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

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

Law Implemented: SDCL 34A-1-15.

CHAPTER 74:36:03

AIR QUALITY EPISODES

Section
23

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

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

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

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

§ 51.151 and Appendix L to Part 51 (July 1, 2009 July 1, 2012), if the accumulation of air 

pollutants in any place is attaining or has attained levels which could, if such levels are sustained 

or exceeded, lead to a substantial threat to the health of the public.

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

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

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

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

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

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

Law Implemented: SDCL 34A-1-15.

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

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

§ 51.152 (July 1, 2009 July 1, 2012). The department shall reevaluate the contingency plan in 

accordance with the requirements in 40 C.F.R. § 51.153 (July 1, 2009 July 1, 2012).
24

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

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

effective June 28, 2010.

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

Law Implemented: SDCL 34A-1-15.

CHAPTER 74:36:04

OPERATING PERMITS FOR MINOR SOURCES

Section

74:36:04:01 Applicability.

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

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

74:36:04:03 Emission unit exemptions.

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

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

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

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

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

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

74:36:04:09 Permit application -- Completeness review.
25

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

74:36:04:11 Repealed.

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

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

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

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

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

74:36:04:16 Operating permit expiration.

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

74:36:04:18 Operating permit revision.

74:36:04:19 Administrative permit amendment.

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

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

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

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

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

74:36:04:21 Permit modifications.

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

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

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

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

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

74:36:04:28 Notice of operating noncompliance -- Contents.
26

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

74:36:04:30 Repealed.

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

74:36:04:32 General permits.

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

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

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

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

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

determined by air pollution dispersion modeling is not affected by stack height that exceeds good 

engineering practice or by any other dispersion technique as defined in 40 C.F.R. § 51.100 (July 

1, 2009 July 1, 2012). Each source must comply with emission limits and other requirements of 

the act and the Clean Air Act. The minor source operating permit must include reasonable 

conditions, including adherence to plans and specifications, to assure compliance with the act, 

the Clean Air Act, and any other conditions justified under SDCL 34A-1-19.

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

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

SDR 183, effective May 21, 1986; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 14 SDR 72, 

effective November 24, 1987; 16 SDR 88, effective November 14, 1989; 17 SDR 170, effective 

May 13, 1991; transferred from § 74:26:01:12, 19 SDR 157, effective April 22, 1993; 21 SDR 
27

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

June 13, 2006; 36 SDR 207, effective June 28, 2010.

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

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

74:36:04:05. Time period for operating permits and renewals. An operating permit for 

a minor source shall be issued for a period up to five years and all subsequent operating permits 

shall be for a period of five years.

Source: 2 SDR 40, effective December 7, 1975; transferred from § 34:10:01:21.04; 

transferred from § 44:10:01:32, effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective July 

1, 1987; 17 SDR 170, effective May 13, 1991; transferred from § 74:26:01:32, 19 SDR 157, 

effective April 22, 1993.

General Authority: SDCL 34A-1-6, 34A-1-21, 34A-1-24.

Law Implemented: SDCL 34A-1-21, 34A-1-24.

74:36:04:12. Public participation in permitting process. The department shall mail a 

copy of the draft permit for a minor source to the applicant. The department shall publish a 

public notice of the draft permit once in a legal newspaper in the county where the source is 

located. The notice must include a brief statement describing the source and where it is located; 

the department's recommendation and the reasons for it; the activity or activities involved in the 

permit action; the emissions change involved in any permit modification; a statement that a 

person may submit comments or contest the draft permit within 30 days after the publication of 
28

the notice; describe the procedures a person must follow to contest the draft permit and request a 

hearing in accordance with article 74:09; and a statement describing where copies of the draft 

permit or other information may be obtained. The department shall provide to the interested 

parties a 30-day notice of any hearing to contest a draft permit.

Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from 

§§ 34:10:01:02, 34:10:01:22.03, 7 SDR 4, effective July 27, 1980; transferred from 

§ 44:10:01:37, effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 14 SDR 

50, effective October 4, 1987; 17 SDR 170, effective May 13, 1991; transferred from 

§ 74:26:01:37, 19 SDR 157, effective April 22, 1993; 25 SDR 123, effective April 4, 1999; 36 

SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6, 34A-1-21.

Law Implemented: SDCL 1-26-27, 34A-1-21, 34A-1-30.

74:36:04:13. Final permit decision -- Notice to interested persons. The department 

shall make its final permit decision within 30 days of the end of the public comment period on a 

draft permit. The department shall notify, in writing, the applicant and each person that 

submitted written comments or requested notice of the final permit decision. The notice shall 

include reference to the procedures for contesting the final permit decision and requesting a 

hearing in accordance with article 74:09. For the purpose of this section, the final permit decision 

means proposing a permit, denying a permit, or terminating a permit.
29

The final permit will be issued within 30 days of notifying the applicant and each person 

that submitted written comments or requested notification of the final permit decision except 

under the following conditions:

(1) A later effective date is specified in the final permit decision;

(2) A contested case hearing is requested; or

(3) No comments or request for changes in the draft permit were received during the 

public notice period on the draft permit. In this case, the draft permit automatically becomes the 

final permit decision and the final permit is issued at the end of the public notice period.

Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from 

§§ 34:10:01:02, 34:10:01:22.04, 7 SDR 4, effective July 27, 1980; transferred from 

§ 44:10:01:38, effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 14 SDR 

50, effective October 4, 1987; 17 SDR 170, effective May 13, 1991; transferred from 

§ 74:26:01:38, 19 SDR 157, effective April 22, 1993; 25 SDR 123, effective April 4, 1999; 36 

SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6, 34A-1-21.

Law Implemented: SDCL 1-26-27, 1-26-29, 34A-1-21, 34A-1-30, 34A-1-34.

74:36:04:14. Right to petition for contested case hearing. The applicant or interested 

person may petition the board and obtain a contested case hearing to dispute the department's 

draft permit. Any other person may petition to intervene and request a hearing if the person has 

an interest affected by the department's draft permit. Such petitions must comply with the 
30

provisions of article 74:09 and be received by the department within 30 days after publication of 

the notice required by § 74:36:04:12.

The applicant or an interested person that comments on the draft permit may petition the 

board for and obtain a contested case hearing to dispute the department's final permit decision. 

Such petitions must comply with the provisions of article 74:09 and be received by the 

department within 30 days after receiving the department's final permit decision.

If the draft permit or the final permit decision is contested, the department shall present the 

draft permit or final permit decision to the board for action in accordance with article 74:09.

Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from 

§§ 34:10:01:02, 34:10:01:22.05, 7 SDR 4, effective July 27, 1980; transferred from 

§ 44:10:01:39, effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 14 SDR 

50, effective October 4, 1987; transferred from § 74:26:01:39, 19 SDR 157, effective April 22, 

1993; 25 SDR 123, effective April 4, 1999.

General Authority: SDCL 34A-1-6, 34A-1-21.

Law Implemented: SDCL 1-26-27, 1-26-29, 34A-1-21, 34A-1-30, 34A-1-34.

74:36:04:15. Contents of operating permit. An operating permit for a minor source shall 

include the following:

(1) The signature of either the secretary or the chairman;
31

(2) The name of the person, company, political subdivision, agency, or institution granted 

a permit;

(3) The type of operation;

(4) The facility and mailing address;

(5) The date the operating permit was granted and on which it will expire;

(6) A number for administrative reference;

(7) The name of a designated person or officer responsible for the source's operation;

(8) A statement granting an operating permit by the board or secretary and any conditions 

that the board or secretary may impose to ensure compliance with the act and the Clean Air Act;

(9) Emission limits and standards, including operational requirements and limits for all 

regulated emission units, necessary to assure compliance with applicable requirements of the act 

and the Clean Air Act;

(10) Monitoring and related record keeping and reporting requirements;

(11) A severability clause to ensure the continued validity of the various permit 

requirements if any portions of the permit are challenged; and

(12) Provisions stating the following:

(a) The permittee must comply with all conditions of the permit. Any permit

noncompliance constitutes a violation and is grounds for enforcement action, permit termination, 

revocation and reissuance, permit revision, or denial of a permit renewal application;

(b) The operating permit may be revised, revoked and reissued, reopened, or terminated 

for cause;
32

(c) The operating permit does not convey any property rights of any sort or any 

exclusive privilege; and

(d) The permittee shall provide any information, including records, requested in writing 

by the department to determine whether cause exists for revising, revoking and reissuing, 

reopening, or terminating the permit or to determine compliance.

Source: 2 SDR 40, effective December 7, 1975; transferred from § 34:10:01:22.10, 7 SDR 

4, effective July 27, 1980; transferred from § 44:10:01:44, effective July 1, 1981; 13 SDR 129, 

13 SDR 141, effective July 1, 1987; 17 SDR 170, effective May 13, 1991; transferred from 

§ 74:26:01:44, 19 SDR 157, effective April 22, 1993; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6, 34A-1-21.

Law Implemented: SDCL 34A-1-21, 34A-1-30.

CHAPTER 74:36:05

OPERATING PERMITS FOR PART 70 SOURCES

Section

74:36:05:01 Applicability.

74:36:05:02 Part 70 operating permit required.
33

74:36:05:03 Sources required to obtain a Part 70 operating permit.

74:36:05:03.01 Repealed.

74:36:05:04 Sources exempt from obtaining a Part 70 operating permit.

74:36:05:04.01 Insignificant activities.

74:36:05:05 Transferred.

74:36:05:06 Standard for issuance of a Part 70 permit.

74:36:05:06.01 Fees required for operating permit.

74:36:05:07 Time period for operating permits and renewals.

74:36:05:08 Timely and complete application for operating permit required.

74:36:05:09 Complete application.

74:36:05:10 and 74:36:05:11 Transferred.

74:36:05:12 Required contents of complete application.

74:36:05:13 Applicant required to supplement or correct application.

74:36:05:14 Repealed.

74:36:05:15 Deadline for final action on permit application.

74:36:05:16 Statement of basis for recommended permit conditions.

74:36:05:16.01 Operating permit requirements.

74:36:05:17 Public participation in permitting process.

74:36:05:18 Public and affected state review of draft permit.

74:36:05:19 Transferred.

74:36:05:20 Repealed.

74:36:05:20.01 Final permit decision -- Notice to interested persons.

74:36:05:20.02 Petitions for contested case hearing.
34

74:36:05:20.03 EPA review of Part 70 operating permit.

74:36:05:21 EPA objection to issuance of operating permit.

74:36:05:21.01 Department response to EPA objection.

74:36:05:22 Department failure to meet EPA objection deadline.

74:36:05:23 Public petition to EPA on the final permit.

74:36:05:24 Repealed.

74:36:05:25 to 74:36:05:27 Transferred.

74:36:05:28 Permit expiration.

74:36:05:29 Permit renewal.

74:36:05:30 Permit flexibility.

74:36:05:31 Permit amendment -- Application required.

74:36:05:32 Administrative permit amendment required.

74:36:05:33 Procedure for administrative permit amendments.

74:36:05:34 Minor permit amendment required.

74:36:05:35 Requirements for minor permit amendments.

74:36:05:36 Application for minor permit amendment.

74:36:05:37 Notification of EPA and affected states required.

74:36:05:38 Department deadline to approve minor permit amendment.

74:36:05:39 Permit modifications.

74:36:05:40 Reopening operating permit for cause.

74:36:05:41 Procedures to reopen permit.

74:36:05:42 Reopening permit for cause by EPA.

74:36:05:43 EPA review of proposed determination.
35

74:36:05:44 Department failure to submit proposed determination.

74:36:05:45 Repealed.

74:36:05:46 Permit termination, modification, revocation, and reissuance by 

department.

74:36:05:47 Notice of operating noncompliance -- Contents.

74:36:05:47.01 Circumvention of emissions not allowed.

74:36:05:48 Petition for contested case on alleged violation.

74:36:05:49 Repealed.

74:36:05:50 Federal enforceability of permit conditions.

74:36:05:51 General permits.

74:36:05:52 Secretary may require an individual permit.

74:36:05:04. Sources exempt from obtaining a Part 70 operating permit. The 

following sources are exempt from obtaining a Part 70 operating permit:

(1) All sources that are not included in § 74:36:05:03;

(2) Sources that operate a unit subject to 40 C.F.R. 60, Subpart AAA-Standards of 

Performance for New Residential Wood Heaters (July 1, 2009 July 1, 2012) are exempt from the 

obligation to obtain a Part 70 operating permit if the source is not required to obtain a Part 70 

operating permit for a reason other than the source is subject to Subpart AAA. Exempted sources 

must still meet the applicable requirements in Subpart AAA; or
36

(3) Sources that operate a unit subject to 40 C.F.R. § 61.145, Standard for Demolition and 

Renovation (July 1, 2009 July 1, 2012) are exempt from the obligation to obtain a Part 70 

operating permit if the source is not required to obtain a Part 70 operating permit for a reason 

other than the source is subject to 40 C.F.R. § 61.145 (July 1, 2009 July 1, 2012). Exempted 

sources must still meet the applicable requirements in 40 C.F.R. § 61.145 (July 1, 2009 July 1, 

2012).

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 31 

SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 36 SDR 207, 

effective June 28, 2010.

General Authority: SDCL 34A-1-6, 34A-1-21.

Law Implemented: SDCL 34A-1-12, 34A-1-21.

74:36:05:06. Standard for issuance of a Part 70 operating permit. A Part 70 operating 

permit for a source or permit revision may be issued only if it has been shown that the operation 

of the source or permit revision will not prevent or interfere with the attainment or maintenance 

of an applicable ambient air quality standard. Compliance with this requirement as determined 

by air pollution dispersion modeling is not affected by stack height that exceeds good 

engineering practice or by any other dispersion technique as defined in 40 C.F.R. § 51.100 (July 

1, 2009 July 1, 2012). Each source must comply with emission limits and other requirements of 

the act and the Clean Air Act. A Part 70 operating permit must include reasonable conditions, 

including adherence to plans and specifications, to assure compliance with the act, the Clean Air 

Act, and any other conditions justified under SDCL 34A-1-19.
37

Source: 2 SDR 40, effective December 7, 1975; transferred from § 34:10:01:08.02; 

transferred from § 44:10:01:12, effective July 1, 1981; 10 SDR 68, effective January 5, 1984; 12 

SDR 183, effective May 21, 1986; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 14 SDR 72, 

effective November 24, 1987; 16 SDR 88, effective November 14, 1989; 17 SDR 170, effective 

May 13, 1991; transferred from § 74:26:01:12, 19 SDR 157, effective April 22, 1993; 20 SDR 

125, effective February 9, 1994; 21 SDR 119, effective January 5, 1995; 31 SDR 101, effective 

January 2, 2005; 32 SDR 209, effective June 13, 2006; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6, 34A-1-19, 34A-1-21.

Law Implemented: SDCL 34A-1-19, 34A-1-21.

74:36:05:07. Time period for operating permits and renewals. A permit for an affected 

source under Title IV of the Clean Air Act shall be for a fixed term of five years. Operating 

permits for all Part 70 sources shall be issued for a period up to five years, and all subsequent 

operating permits shall be for a period of five years. A permit issued for a solid waste incinerator 

subject to the requirements of § 129(e) of the Clean Air Act shall be for a period not to exceed 12 

years and shall be reviewed by the department every five years.

Source: 2 SDR 40, effective December 7, 1975; transferred from § 34:10:01:21.04; 

transferred from § 44:10:01:32, effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective July 

1, 1987; 17 SDR 170, effective May 13, 1991; transferred from § 74:26:01:32, 19 SDR 157, 

effective April 22, 1993; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6, 34A-1-21, 34A-1-24.
38

Law Implemented: SDCL 34A-1-21, 34A-1-24.

74:36:05:16.01. Operating permit requirements. Each permit issued for the operation 

of a Part 70 source must contain:

(1) The name of the person, company, political subdivision, agency, or institution granted 

a permit;

(2) The type of operation;

(3) The facility and mailing address;

(4) The date the operating permit was granted and on which it will expire;

(5) A number for administrative reference;

(6) The name of a designated person or officer responsible for the source's operation;

(7) A statement granting an operating permit by the board or secretary and any conditions 

that the board or secretary may impose to ensure compliance with the act and the Clean Air Act;
39

(8) Emission limits and standards, including operational requirements and limits for all 

regulated emission units, necessary to assure compliance with applicable requirements of the act 

and the Clean Air Act and including the following:

(a) The reference of authority for each term or condition;

(b) The applicable requirements from the Clean Air Act and from Title IV requirements 

of the Clean Air Act, reviewing both requirements and distinguishing which is more stringent 

and incorporating both into the permit; and

(c) If an alternative emission limit is approved in the state implementation plan (SIP), 

provisions to ensure that the alternative emission limit in the permit issuance, renewal, or permit 

modification process has been demonstrated to be equivalent to the applicable emission limit in 

the state implementation plan and is quantifiable, accountable, enforceable, and based on 

replicable procedures;

(9) Monitoring and related record keeping and reporting requirements, consisting of at 

least the following:

(a) All emissions monitoring and analysis procedures, alternative approved methods or 

test methods required under the applicable requirements, including procedures and methods in 

§ 504(b) or 114(a)(3) of the Clean Air Act;
40

(b) If the applicable requirement does not require periodic testing or instrumental or 

noninstrumental monitoring, periodic monitoring sufficient to yield reliable data from the 

relevant time period that are representative of the source's compliance with the permit. Such 

monitoring requirements must assure use of terms, test methods, units, averaging periods, and 

other statistical conventions consistent with the applicable requirement;

(c) As necessary, documentation of the use, maintenance, and if appropriate, 

installation of monitoring equipment or methods;

(d) Documentation of the following:

(i) The date, place as defined in the permit, and time of sampling or 

measurements;

(ii) The date or dates analyses were performed;

(iii) The company or entity that performed the analyses;

(iv) The analytical techniques or methods used;

(v) The results of such analyses; and

(vi) The operating conditions as existing at the time of sampling or 

measurement;

(e) Record keeping and reporting requirements that comply with the following:
41

(i) Submission of reports of any required monitoring must occur at least every 

six months. Reports must clearly identify all deviations from permit requirements and conditions. 

All required reports must be certified by a responsible official; and

(ii) Deviations from permit requirements, including those attributable to upset 

conditions as defined in the permit, the probable cause of such deviations and any corrective 

actions or preventive measures taken must be promptly reported and certified by a responsible 

official; and

(f) Requirements for retention of monitoring records and all supporting documentation 

for at least five years from the date of the monitoring sample, measurement, report, or 

application; and

(10) If applicable, a condition prohibiting emissions exceeding any allowances that the 

source lawfully holds, exceedances of applicable emission rates, and the use of any allowance 

prior to the year for which it was allocated under the Title IV program of the Clean Air Act;

(11) A severability clause asserting the continued validity of permit requirements if any 

portions of the permit are challenged;

(12) Provisions stating the following:
42

(a) The permittee must comply with all conditions of the permit. Any permit 

noncompliance constitutes a violation and is grounds for enforcement action, permit termination, 

revocation and reissuance, permit revision, or denial of a permit renewal application;

(b) A permittee in an enforcement action may not use the defense that it would have 

been necessary to cease or reduce the permitted activity in order to maintain compliance;

(c) The permit may be revised, revoked and reissued, reopened, or terminated for 

cause. The filing of a request by the permittee for a permit revision, revocation and reissuance, or 

termination or of a notification of planned changes or anticipated noncompliance does not stay 

any permit condition;

(d) The permit does not convey property rights of any sort or any exclusive privilege; 

and

(e) The permittee must provide any information, including records, requested in writing 

by the department to determine whether cause exists for revising, revoking and reissuing, 

reopening, or terminating the permit or to determine compliance;

(13) Terms and conditions for reasonably anticipated operating scenarios identified by the 

source in its application and approved by the department. The terms and conditions must require 

the source, contemporaneously with making a change from one operating scenario to another, to 

record in a log at the permitted facility a record of the scenario under which it is operating and 
43

must ensure that the terms and conditions of each such alternative scenario meet all requirements 

of the Clean Air Act;

(14) Compliance requirements that contain the following:

(a) A compliance certification and testing, monitoring, reporting, and recordkeeping 

requirements sufficient to assure compliance with the terms and conditions of the permit. All 

documents, including reports, required by the permit must be certified by a responsible official 

consistent with subdivision 74:36:05:12(17). The compliance certification must be submitted 

annually from the date of permit issuance to the department and EPA;

(b) Inspection and entry requirements that require the permittee to allow the department 

or an authorized representative to perform the following:

(1) Enter upon the permittee's premises where a Part 70 source is located or 

emissions-related activity is conducted or where records must be kept under the conditions of the 

permit;

(2) Have access to and copy, at reasonable times, any records that must be kept 

under the conditions of the permit;

(3) Inspect at reasonable times any facilities, equipment, practices, or operations 

regulated or required under the permit; and
44

(4) As authorized by the Clean Air Act, sample or monitor at reasonable times 

substances or parameters for the purpose of assuring compliance with the permit or applicable 

requirements;

(c) A compliance plan in accordance with subdivision 74:36:05:12(15), including 

progress reports on noncompliance indicating the dates that compliance will be achieved or the 

dates that compliance was achieved as referred to in a schedule of compliance. The report must 

state an explanation for not attaining dates of compliance and must be submitted to the 

department semiannually or more frequently as required by the department; and

(d) A compliance certification in accordance with subdivision 74:36:05:12(16);

(15) A condition requiring a Part 70 source to pay any required fees;

(16) A condition stating that no permit revisions are required for increases in emissions 

allowed through emissions trading to the extent that such trades are authorized by the applicable 

requirements of the Clean Air Act;

(17) Any provisions the department uses to issue general permits that are in accordance 

with 40 C.F.R. Part 70.6(d) (July 1, 2009 July 1, 2012);
45

(18) Provisions for permit emission exceedances due to emergencies that are in 

accordance with the requirements in 40 C.F.R. Part 70.6(g) (July 1, 2009 July 1, 2012); and

(19) All applicable requirements of the Clean Air Act.

Source: 19 SDR 157, effective April 22, 1993; transferred from § 74:36:05:27, 20 SDR 

125, effective February 9, 1994; 21 SDR 119, effective January 5, 1995; 31 SDR 101, effective 

January 2, 2005; 32 SDR 209, effective June 13, 2006; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6, 34A-1-21.

Law Implemented: SDCL 34A-1-12, 34A-1-21.

74:36:05:20.01. Final permit decision -- Notice to interested persons. The department 

shall make its final permit decision within 30 days of the end of the public comment period on a 

draft permit. The department shall notify, in writing, the applicant and each person or affected 

state that submitted written comments or requested notice of the final permit decision. The notice 

shall include reference to the procedures for contesting the final permit decision and requesting a 

hearing in accordance with article 74:09. For the purpose of this section, the final permit decision 

means proposing a permit, denying a permit, or terminating a permit.

The proposed Part 70 operating permit must be submitted to EPA within 30 days of 

notifying the applicant and each person or affected state that submitted written comments or 

requested notification of the final permit decision except under the following conditions:

(1) A later effective date is specified in the final permit decision;
46

(2) A contested case hearing is requested; or

(3) No comments or request for changes in the draft permit were received during the 

public notice period on the draft permit. In this case, the draft permit automatically becomes the 

final permit decision and the proposed Part 70 operating permit is submitted to EPA.

Source: 19 SDR 157, effective April 22, 1993; transferred from § 74:36:05:25, 20 SDR 

125, effective February 9, 1994; 25 SDR 123, effective April 4, 1999; 36 SDR 207, effective 

June 28, 2010.

General Authority: SDCL 34A-1-6, 34A-1-21.

Law Implemented: SDCL 1-26-27, 1-26-29, 34A-1-21, 34A-1-30, 34A-1-34.

74:36:05:20.02. Petitions for contested case hearing. The applicant, interested person, 

or affected state may petition the board and obtain a contested case hearing to dispute the 

department's draft permit. Any other person may petition to intervene and request a hearing if the 

person has an interest affected by the department's draft permit. Such petitions must comply with 

the provisions of article 74:09 and be received by the department within 30 days after the notice 

required by § 74:36:05:17.

The applicant or an interested person or affected state that comments on the draft permit 

may petition the board for and obtain a contested case hearing to dispute the department's final 

permit decision. Such petitions must comply with the provisions of article 74:09 and be received 

by the department within 30 days after the applicant, interested person, or affected state receives 

the department's final permit decision.
47

If the draft permit or the final permit decision is contested, the department shall present the 

draft permit or final permit decision to the board for action in accordance with article 74:09.

Source: SL 1975, ch 16, §1; 2 SDR 40, effective December 7, 1975; transferred from 

§§ 34:10:01:02, 34:10:01:22.05, 7 SDR 4, effective July 27, 1980; transferred from 

§ 44:10:01:39, effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 14 SDR 

50, effective October 4, 1987; transferred from § 74:26:01:39, 19 SDR 157, effective April 22, 

1993; transferred from § 74:36:05:26, 20 SDR 125, effective February 9, 1994; 21 SDR 119, 

effective January 5, 1995; 25 SDR 123, effective April 4, 1999.

General Authority: SDCL 34A-1-6, 34A-1-21.

Law Implemented: SDCL 1-26-27, 1-26-29, 34A-1-21, 34A-1-30, 34A-1-34.

CHAPTER 74:36:07

NEW SOURCE PERFORMANCE STANDARDS

Section

74:36:07:01 New source performance standards.

74:36:07:02 Standards of performance for fossil fuel-fired steam generators.

74:36:07:03 Standards of performance for electric utility steam generators.

74:36:07:04 Standards of performance for industrial, commercial, and institutional steam 

generating units.

74:36:07:05 Standards of performance for small industrial, commercial, and institutional 

steam generating units.
48

74:36:07:06 Standards of performance for incinerators.

74:36:07:06.01 Standards of performance for hospital/medical/infectious waste incinerators 

constructed on or before June 20, 1996.

74:36:07:06.02 Standards of performance for hospital/medical/infectious waste incinerators for 

which construction is commenced after June 20, 1996.

74:36:07:07 Standards of performance for municipal waste combustors.

74:36:07:07.01 Standards of performance for municipal combustors constructed after September 

20, 1994.

74:36:07:08 Ash disposal requirements.

74:36:07:09 Standards of performance for portland cement plants.

74:36:07:10 Standards of performance for asphalt concrete plants.

74:36:07:11 Repealed.

74:36:07:12 Standards of performance for storage vessels of petroleum liquids constructed 

after June 11, 1973, and before May 19, 1978.

74:36:07:13 Standards of performance for storage vessels of petroleum liquids constructed 

after May 18, 1978, and before July 24, 1984.

74:36:07:14 Standards of performance for volatile organic liquid storage vessels (including 

petroleum liquid storage vessels) for which construction, reconstruction, or 

modification commenced after July 23, 1984.

74:36:07:15 Standards of performance for sewage treatment plants.

74:36:07:16 Standards of performance for coal preparation plants.

74:36:07:17 Standards of performance for grain elevators.

74:36:07:18 Standards of performance for stationary gas turbines.
49

74:36:07:19 Standards of performance for lime manufacturing plants.

74:36:07:20 Standards of performance for metallic mineral processing plants.

74:36:07:21 Standards of performance for pressure-sensitive tape and label surface coating 

operations.

74:36:07:22 Standards of performance for equipment leaks of VOC in the synthetic organic 

chemicals manufacturing industry.

74:36:07:22.01 Standards of performance for equipment leaks of VOC in the synthetic organic 

chemicals manufacturing industry for which construction, reconstruction, or 

modification commenced after November 7, 2006.

74:36:07:23 Standards of performance for bulk gasoline terminals.

74:36:07:24 Standards of performance for new residential wood heaters.

74:36:07:25 Standards of performance for petroleum dry cleaners.

74:36:07:26 Standards of performance for VOC emissions from synthetic organic chemical 

manufacturing industry (SOCMI) distillation operations.

74:36:07:27 Standards of performance for nonmetallic mineral processing plants.

74:36:07:28 Standards of performance for magnetic tape coating facilities.

74:36:07:29 Operating requirements for wire reclamation furnaces.

74:36:07:30 Monitoring requirements for wire reclamation furnaces.

74:36:07:31 Standards of performance for graphic arts industry -- Publication rotogravure 

printing.

74:36:07:32 Standards of performance for volatile organic compound emissions from 

synthetic organic chemical manufacturing industry (SOCMI) reactor 

processes.
50

74:36:07:33 Standards of performance for calciners and dryers in mineral industries.

74:36:07:34 Existing municipal solid waste landfill.

74:36:07:35 Plan submittal by existing municipal solid waste landfills.

74:36:07:36 Collection system.

74:36:07:37 Control system.

74:36:07:38 Compliance schedule for existing municipal solid waste landfills.

74:36:07:39 Existing municipal solid waste landfill operational standards for collection and 

control systems.

74:36:07:40 Existing municipal solid waste landfill compliance provisions.

74:36:07:41 Existing municipal solid waste landfill monitoring provisions.

74:36:07:42 Existing municipal solid waste landfill reporting and recordkeeping.

74:36:07:42.01 Additional reporting for existing municipal solid waste landfills.

74:36:07:43 Standards of performance for new municipal solid waste landfills.

74:36:07:44 Standards of performance for nitric acid plants.

74:36:07:45 Standards of performance for sulfuric acid plants.

74:36:07:46 Standards of performance for petroleum refineries.

74:36:07:46.01 Standards of performance for petroleum refineries for which construction, 

reconstruction, or modification commenced after May 14, 2007.

74:36:07:47 Standards of performance for secondary lead smelters.

74:36:07:48 Standards of performance for secondary brass and bronze production plants.

74:36:07:49 Standards of performance for primary emissions from basic oxygen process 

furnaces for which construction commenced after June 11, 1973.
51

74:36:07:50 Standards of performance for secondary emissions from basic oxygen process 

steelmaking facilities for which construction commenced after January 20, 

1983.

74:36:07:51 Standards of performance for primary copper smelter.

74:36:07:52 Standards of performance for primary zinc smelter.

74:36:07:53 Standards of performance for primary lead smelter.

74:36:07:54 Standards of performance for primary aluminum reduction plant.

74:36:07:55 Standards of performance for wet-process phosphoric acid plant.

74:36:07:56 Standards of performance for superphosphoric acid plant.

74:36:07:57 Standards of performance for diammonium phosphate plant.

74:36:07:58 Standards of performance for triple superphosphate plant.

74:36:07:59 Standards of performance for granular triple superphosphate storage facility.

74:36:07:60 Standards of performance for ferroalloy production plant.

74:36:07:61 Standards of performance for electric arc furnaces and argon-oxygen 

decarburization vessels constructed after August 17, 1983.

74:36:07:62 Standards of performance for kraft pulp mills.

74:36:07:63 Standards of performance for glass manufacturing plant.

74:36:07:64 Standards of performance for surface coating of metal furniture.

74:36:07:65 Standards of performance for lead-acid battery manufacturing plant.

74:36:07:66 Standards of performance for automobile and light duty truck surface coating 

operations.

74:36:07:67 Standards of performance for phosphate rock plants.

74:36:07:68 Standards of performance for ammonium sulfate manufacture.
52

74:36:07:69 Standards of performance for industrial surface coating -- Large appliances.

74:36:07:70 Standards of performance for metal coil surface coating.

74:36:07:71 Standards of performance for asphalt processing and asphalt roofing anufacture.

74:36:07:72 Standards of performance for beverage can surface coating industry.

74:36:07:73 Standards of performance for rubber tire manufacturing industry.

74:36:07:74 Standards of performance for volatile organic compound emissions from 

polymer manufacturing industry.

74:36:07:75 Standards of performance for flexible vinyl and urethane coating and printing.

74:36:07:76 Standards of performance for equipment leaks of VOC in petroleum refineries.

74:36:07:76.01 Standards of performance for equipment leaks of VOC in petroleum refineries.

74:36:07:77 Standards of performance for synthetic fiber production facility.

74:36:07:78 Standards of performance for VOC emissions from synthetic organic chemical 

manufacturing industry air oxidation unit process.

74:36:07:79 Standards of performance for equipment leaks of VOC from onshore natural gas 

processing plant.

74:36:07:80 Standards of performance for onshore natural gas processing.

74:36:07:81 Standards of performance for wool fiberglass insulation manufacturing plant.

74:36:07:82 Standards of performance for VOC emissions from petroleum refinery 

wastewater system.

74:36:07:83 Standards of performance for industrial surface coating -- Surface coating of 

plastic parts for business machines.

74:36:07:84 Standards of performance for polymeric coating of supporting substrates facility.
53

74:36:07:85 Standards of performance for small municipal waste combustion units for which 

construction commenced after August 30, 1999, or modification or 

reconstruction commenced after June 6, 2001.

74:36:07:86 Standards of performance for commercial and industrial solid waste incineration 

units for which construction commenced after November 30, 1999, or 

modification or reconstruction commenced on or after June 1, 2001.

74:36:07:87 Standards of performance for other solid waste incineration units for which 

construction commenced after December 9, 2004, or modification or 

reconstruction commenced on or after June 16, 2006.

74:36:07:88 Standards of performance for stationary compression ignition internal 

combustion engines.

74:36:07:89 Standards of performance for stationary combustion turbines.

74:36:07:90 Standards of performance for stationary spark ignition internal combustion 

engines.

74:36:07:91 Standards of performance for nitric acid plants for which construction, 

reconstruction, or modification commenced after October 14, 2011.

74:36:07:92 Standards of performance for new sewage sludge incineration units.

74:36:07:01. New source performance standards. The general provisions for new 

source performance standards are those in 40 C.F.R. §§ 60.1 to 60.19, inclusive, (July 1, 2009

July 1, 2012). For the purposes of this chapter, "administrator" means the secretary, except for 

those authorities that cannot be delegated to the state, in which case "administrator" means both 

the administrator of the Environmental Protection Agency and the secretary.
54

Source: 14 SDR 72, effective November 24, 1987; 16 SDR 88, effective November 14, 

1989; 17 SDR 170, effective May 13, 1991; transferred from § 74:26:08:43, 19 SDR 157, 

effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective 

December 29, 1996; 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 

2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 

217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:02. Standards of performance for fossil fuel-fired steam generators. The 

standards of performance for fossil fuel-fired steam generators are those in 40 C.F.R. §§ 60.40 to 

60.46, inclusive, (July 1, 2009 July 1, 2012).

Source: 14 SDR 72, effective November 24, 1987; 17 SDR 170, effective May 13, 1991; 

transferred from § 74:26:09:07, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective 

January 5, 1995; 23 SDR 106, effective December 29, 1996; 26 SDR 168, effective June 27, 

2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 

209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 

28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:03. Standards of performance for electric utility steam generators. The 
55

standards of performance for electric utility steam generators are those in 40 C.F.R. §§ 60.40Da 

to 60.49Da, inclusive, § 60, Subpart Da (July 1, 2009 July 1, 2012).

Source: 14 SDR 72, effective November 24, 1987; 17 SDR 170, effective May 13, 1991; 

transferred from § 74:26:10:15, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective 

January 5, 1995; 23 SDR 106, effective December 29, 1996; 26 SDR 168, effective June 27, 

2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 

209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 

28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:04. Standards of performance for industrial, commercial, and institutional 

steam generating units. The standards of performance for industrial, commercial, and 

institutional steam generating units are those in 40 C.F.R. §§ 60.40b to 60.49b, inclusive, (July 1, 

2009 July 1, 2012).

Source: 16 SDR 88, effective November 14, 1989; 17 SDR 170, effective May 13, 1991; 

transferred from § 74:26:24:01, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective 

January 5, 1995; 23 SDR 106, effective December 29, 1996; 26 SDR 168, effective June 27, 

2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 

209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 

28, 2010.
56

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:05. Standards of performance for small industrial, commercial, and 

institutional steam generating units. The standards of performance for small industrial, 

commercial, and institutional steam generating units are those in 40 C.F.R. §§ 60.40c to 60.48c, 

inclusive, (July 1, 2009 July 1, 2012). A source that operates a unit subject to 40 C.F.R. 

§§ 60.40c to 60.48c, inclusive, (July 1, 2009 July 1, 2012) is exempt from the obligation to 

obtain a Part 70 operating permit, if the source burns solely natural gas or propane and is not 

required to obtain a Part 70 operating permit for a reason other than the source is subject to 40 

C.F.R. §§ 60.40c to 60.48c, inclusive, (July 1, 2009 July 1, 2012). Exempted sources must still 

meet the applicable requirements in 40 C.F.R. §§ 60.40c to 60.48c, inclusive, (July 1, 2009 July 

1, 2012).

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 

SDR 106, effective December 29, 1996; 26 SDR 168, effective June 27, 2000; 30 SDR 26, 

effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 

13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.
57

74:36:07:06. Standards of performance for incinerators. The standards of performance 

for incinerators are those in 40 C.F.R. §§ 60.50 to 60.54, inclusive, (July 1, 2009 July 1, 2012).

Source: 14 SDR 72, effective November 24, 1987; 17 SDR 170, effective May 13, 1991; 

transferred from § 74:26:11:06, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective 

January 5, 1995; 23 SDR 106, effective December 29, 1996; 30 SDR 26, effective September 1, 

2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 

217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:06.01. Standards of performance for hospital/medical/infectious waste 

incinerators constructed on or before June 20, 1996. 40 C.F.R. Part 60, Subpart Ce (July 1, 

2009 July 1, 2012), is incorporated into this rule by reference. Designated facilities under 

Subpart Ce shall comply with the requirements for state plan approval in 40 C.F.R. §§ 60.32e to 

60.38e, inclusive, (July 1, 2009 July 1, 2012).

The owner or operator of a hospital/medical/infectious waste incinerator constructed on or 

before June 20, 1996, that decides to cease operation shall notify the department within six 

months of EPA's approval of the state plan for hospital/medical/infectious waste incinerators. 

The written notification shall inform the department of when the unit will be shutdown. The 
58

shutdown date may not exceed one year after EPA's approval of the state plan for 

hospital/medical/infectious waste incinerators.

The owner or operator of a hospital/medical/infectious waste incinerator constructed on or 

before June 20, 1996, that decides to comply with the requirements of this section shall submit a 

compliance plan within six months of state plan approval that meets the following deadlines:

(1) Submit a Part 70 operating permit application and design drawings of the air pollution 

control device to the department within one year of state plan approval;

(2) Submit a copy of the purchase order or other documentation indicating an order has 

been placed for the major components of the air pollution control device within 15 months of 

state plan approval;

(3) Begin initiation of site preparation for installation of the air pollution control device 

within 2 years after state plan approval;

(4) Complete installation of the air pollution control device within 30 months after state 

plan approval; and

(5) Conduct a performance test within 33 months after state plan approval.
59

The owner or operator shall comply with 40 C.F.R. §§ 60.34e and 60.36e (July 1, 2009) 

within one year after state plan approval. The owner or operator shall comply with the remaining 

requirements in this section within three years after state plan approval or by September 15, 

2002, whichever is earlier.

Source: 25 SDR 123, effective April 4, 1999; 26 SDR 168, effective June 27, 2000; 30 

SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, 

effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 

2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:06.02. Standards of performance for hospital/medical/infectious waste 

incinerators for which construction is commenced after June 20, 1996. The standards of 

performance for hospital/medical/infectious waste incinerators constructed after June 20, 1996, 

are those in 40 C.F.R. §§ 60.50c to 60.58c (July 1, 2009 July 1, 2012).

Source: 25 SDR 123, effective April 4, 1999; 26 SDR 168, effective June 27, 2000; 30 

SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, 

effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 

2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.
60

74:36:07:07. Standards of performance for municipal waste combustors. The 

standards of performance for municipal waste combustors are those in 40 C.F.R. §§ 60.50a to 

60.59a, inclusive, (July 1, 2009 July 1, 2012).

Source: 17 SDR 69, effective November 22, 1990; 17 SDR 170, effective May 13, 1991; 

18 SDR 90, effective November 24, 1991; transferred from § 74:26:26:01, 19 SDR 157, effective 

April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 

1996; 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 

101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 

13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:07.01. Standards of performance for municipal combustors constructed 

after September 20, 1994. The standards of performance for municipal waste combustors 

constructed after September 20, 1994, or modified or reconstructed after June 19, 1996, are those 

in 40 C.F.R. §§ 60.50b to 60.59b, inclusive, (July 1, 2009 July 1, 2012).

Source: 23 SDR 106, effective December 29. 1996; 25 SDR 123, effective April 4, 1999; 

26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, 

effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 

2007; 36 SDR 207, effective June 28, 2010.
61

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:09. Standards of performance for portland cement plants. The standards of 

performance for portland cement plants are those in 40 C.F.R. §§ 60.60 to 60.66, inclusive, (July 

1, 2009 July 1, 2012).

Source: 14 SDR 72, effective November 24, 1987; 17 SDR 170, effective May 13, 1991; 

transferred from § 74:26:12:06, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective 

January 5, 1995; 23 SDR 106, effective December 29, 1996; 26 SDR 168, effective June 27, 

2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 

209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 

28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:10. Standards of performance for asphalt concrete plants. The standards of 

performance for asphalt concrete plants are those in 40 C.F.R. §§ 60.90 to 60.93, inclusive, (July 

1, 2009 July 1, 2012).

Source: 14 SDR 72, effective November 24, 1987; 17 SDR 170, effective May 13, 1991; 

transferred from § 74:26:13:05, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective 

January 5, 1995; 23 SDR 106, effective December 29, 1996; 30 SDR 26, effective September 1, 
62

2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 

217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:12. Standards of performance for storage vessels of petroleum liquids 

constructed after June 11, 1973, and before May 19, 1978. The standards of performance for 

storage vessels of petroleum liquids constructed after June 11, 1973, and before May 19, 1978, 

are those in 40 C.F.R. §§ 60.110 to 60.113, inclusive, (July 1, 2009 July 1, 2012). A source that 

operates a unit subject to 40 C.F.R. §§ 60.110 to 60.113, inclusive, (July 1, 2009) is exempt from 

the obligation to obtain a Part 70 operating permit if the unit is not required to install controls 

and if the source is not required to obtain a Part 70 operating permit for a reason other than the 

source is subject to 40 C.F.R. §§ 60.110 to 60.113, inclusive, (July 1, 2009 July 1, 2012). 

Exempted sources must still meet the applicable requirements in 40 C.F.R. §§ 60.110 to 60.113, 

inclusive, (July 1, 2009 July 1, 2012).

Source: 14 SDR 72, effective November 24, 1987; 17 SDR 170, effective May 13, 1991; 

transferred from § 74:26:14:05, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective 

January 5, 1995; 23 SDR 106, effective December 29, 1996; 30 SDR 26, effective September 1, 

2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 

217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.
63

74:36:07:13. Standards of performance for storage vessels of petroleum liquids 

constructed after May 18, 1978, and before July 24, 1984. The standards of performance for 

storage vessels of petroleum liquids constructed after May 18, 1978, and before July 24, 1984, 

are those in 40 C.F.R. §§ 60.110a to 60.115a, inclusive, (July 1, 2009 July 1, 2012). A source 

that operates a unit subject to 40 C.F.R. §§ 60.110a to 60.115a, inclusive, (July 1, 2009 July 1, 

2012) is exempt from the obligation to obtain a Part 70 operating permit if the unit is not 

required to install controls and if the source is not required to obtain a Part 70 operating permit 

for a reason other than the source is subject to 40 C.F.R. §§ 60.110a to 60.115a, inclusive, (July 

1, 2009). Exempted sources must still meet the applicable requirements in 40 C.F.R. §§ 60.110a 

to 60.115a, inclusive, (July 1, 2009 July 1, 2012).

Source: 14 SDR 72, effective November 24, 1987; 16 SDR 88, effective November 14, 

1989; 17 SDR 170, effective May 13, 1991; transferred from § 74:26:20:19, 19 SDR 157, 

effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective 

December 29, 1996; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 

2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, 

effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:14. Standards of performance for volatile organic liquid storage vessels 

(including petroleum liquid storage vessels) for which construction, reconstruction, or 
64

modification commenced after July 23, 1984. The standards of performance for volatile 

organic liquid storage vessels (including petroleum liquid storage vessels) for which 

construction, reconstruction, or modification commenced after July 23, 1984, are those in 40 

C.F.R. §§ 60.110b to 60.117b, inclusive, (July 1, 2009 July 1, 2012). A source that operates a 

unit subject to 40 C.F.R. §§ 60.110b to 60.117b, inclusive, (July 1, 2009 July 1, 2012) is exempt 

from the obligation to obtain a Part 70 operating permit if the unit is not required to install 

controls and if the source is not required to obtain a Part 70 operating permit for a reason other 

than the source is subject to 40 C.F.R. §§ 60.110b to 60.117b, inclusive, (July 1, 2009 July 1, 

2012). Exempted sources must still meet the applicable requirements in 40 C.F.R. §§ 60.110b to 

60.117b, inclusive, (July 1, 2009 July 1, 2012).

Source: 16 SDR 88, effective November 14, 1989; 17 SDR 170, effective May 13, 1991; 

transferred from § 74:26:25:01, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective 

January 5, 1995; 23 SDR 106, effective December 29, 1996; 26 SDR 168, effective June 27, 

2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 

209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 

28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:15. Standards of performance for sewage treatment plants. The standards of 

performance for sewage treatment plants are those in 40 C.F.R. §§ 60.150 to 60.156, inclusive, 

(July 1, 2009 July 1, 2012).
65

Source: 14 SDR 72, effective November 24, 1987; 17 SDR 170, effective May 13, 1991; 

transferred from § 74:26:15:06, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective 

January 5, 1995; 23 SDR 106, effective December 29, 1996; 30 SDR 26, effective September 1, 

2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 

217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:16. Standards of performance for coal preparation plants. The standards of 

performance for coal preparation plants are those in 40 C.F.R. §§ 60.250 to 60.254, inclusive, §

60, Subpart Y (July 1, 2009 July 1, 2012).

Source: 14 SDR 72, effective November 24, 1987; 17 SDR 170, effective May 13, 1991; 

transferred from § 74:26:16:06, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective 

January 5, 1995; 23 SDR 106, effective December 29, 1996; 30 SDR 26, effective September 1, 

2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 

217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:17. Standards of performance for grain elevators. The standards of 

performance for grain elevators are those in 40 C.F.R. §§ 60.300 to 60.304, inclusive, (July 1, 
66

2009 July 1, 2012). A source subject to 40 C.F.R. §§ 60.300 to 60.304, inclusive, (July 1, 2009

July 1, 2012) is exempt from the obligation to obtain a Part 70 operating permit if the source is 

not required to obtain a Part 70 operating permit for a reason other than the source is subject to 

40 C.F.R. §§ 60.300 to 60.304, inclusive, (July 1, 2009 July 1, 2012). Exempted sources must 

still meet the applicable requirements in 40 C.F.R. § 60.300 to 60.304, inclusive, (July 1, 2009

July 1, 2012).

Source: 14 SDR 72, effective November 24, 1987; 16 SDR 88, effective November 14, 

1989; 17 SDR 170, effective May 13, 1991; transferred from § 74:26:17:06, 19 SDR 157, 

effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective 

December 29, 1996; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 

2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, 

effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:18. Standards of performance for stationary gas turbines. The standards of 

performance for stationary gas turbines are those in 40 C.F.R. §§ 60.330 to 60.335, inclusive, 

(July 1, 2009 July 1, 2012).

Source: 14 SDR 72, effective November 24, 1987; 16 SDR 88, effective November 14, 

1989; 17 SDR 170, effective May 13, 1991; transferred from § 74:26:19:07, 19 SDR 157, 

effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective 
67

December 29, 1996; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 

2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, 

effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:19. Standards of performance for lime manufacturing plants. The standards 

of performance for lime manufacturing plants are those in 40 C.F.R. §§ 60.340 to 60.344, 

inclusive, (July 1, 2009 July 1, 2012).

Source: 14 SDR 72, effective November 24, 1987; 17 SDR 170, effective May 13, 1991; 

transferred from § 74:26:18:10, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective 

January 5, 1995; 23 SDR 106, effective December 29, 1996; 30 SDR 26, effective September 1, 

2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 

217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:20. Standards of performance for metallic mineral processing plants. The 

standards of performance for metallic mineral processing plants are those in 40 C.F.R. §§ 60.380 

to 60.386, inclusive, (July 1, 2009 July 1, 2012).
68

Source: 11 SDR 151, effective May 12, 1985; 13 SDR 129, 13 SDR 141, effective July 1, 

1987; 14 SDR 72, effective November 24, 1987; 17 SDR 170, effective May 13, 1991; 

transferred from § 74:26:21:02, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective 

January 5, 1995; 23 SDR 106, effective December 29, 1996; 30 SDR 26, effective September 1, 

2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 

217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:21. Standards of performance for pressure-sensitive tape and label surface 

coating operations. The standards of performance for pressure-sensitive tape and label surface 

coating operations are those in 40 C.F.R. §§ 60.440 to 60.447, inclusive, (July 1, 2009 July 1, 

2012).

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 

SDR 106, effective December 29, 1996; 30 SDR 26, effective September 1, 2003; 31 SDR 101, 

effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 

2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:22. Standards of performance for equipment leaks of VOC in the synthetic 

organic chemicals manufacturing industry. The standards of performance for equipment leaks 
69

of VOC in the synthetic organic chemicals manufacturing industry are those in 40 C.F.R. 

§§ 60.480 to 60.489, inclusive, (July 1, 2009 July 1, 2012).

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 

SDR 106, effective December 29, 1996; 26 SDR 168, effective June 27, 2000; 30 SDR 26, 

effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 

13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:22.01. Standards of performance for equipment leaks of VOC in the 

synthetic organic chemicals manufacturing industry for which construction, 

reconstruction, or modification commenced after November 7, 2006. The standards of 

performance for equipment leaks of VOC in the synthetic organic chemicals manufacturing 

industry, for which construction, reconstruction, or modification commenced after November 7, 

2006, are those in 40 C.F.R. § 60, Subpart VVa (July 1, 2009 July 1, 2012).

Source: 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.
70

74:36:07:23. Standards of performance for bulk gasoline terminals. The standards of 

performance for bulk gasoline terminals are those in 40 C.F.R. §§ 60.500 to 60.506, inclusive, 

(July 1, 2009 July 1, 2012).

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 

SDR 106, effective December 29, 1996; 26 SDR 168, effective June 27, 2000; 30 SDR 26, 

effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 

13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:24. Standards of performance for new residential wood heaters. The 

standards of performance for new residential wood heaters are those in 40 C.F.R. §§ 60.530 to 

60.539b, inclusive, (July 1, 2009 July 1, 2012).

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 

SDR 106, effective December 29, 1996; 26 SDR 168, effective June 27, 2000; 30 SDR 26, 

effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 

13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.
71

74:36:07:25. Standards of performance for petroleum dry cleaners. The standards of 

performance for petroleum dry cleaners are those in 40 C.F.R. §§ 60.620 to 60.625, inclusive, 

(July 1, 2009 July 1, 2012). A source subject to 40 C.F.R. §§ 60.620 to 60.625, inclusive, (July 

1, 2009 July 1, 2012) is exempt from the obligation to obtain a Part 70 operating permit if the 

source is not required to obtain a Part 70 operating permit for a reason other than the source is 

subject to 40 C.F.R. §§ 60.620 to 60.625, inclusive, (July 1, 2009 July 1, 2012). Exempted 

sources must still meet the applicable requirements in 40 C.F.R. §§ 60.620 to 60.625, inclusive, 

(July 1, 2009 July 1, 2012).

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 

SDR 106, effective December 29, 1996; 30 SDR 26, effective September 1, 2003; 31 SDR 101, 

effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 

2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:26. Standards of performance for VOC emissions from synthetic organic 

chemical manufacturing industry (SOCMI) distillation operations. The standards of 

performance for VOC emissions from synthetic organic chemical manufacturing industry 

(SOCMI) distillation operations are those in 40 C.F.R. §§ 60.660 to 60.668, inclusive, (July 1, 

2009 July 1, 2012).
72

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 

SDR 106, effective December 29, 1996; 26 SDR 168, effective June 27, 2000; 30 SDR 26, 

effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 

13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:27. Standards of performance for nonmetallic mineral processing plants.

The standards of performance for nonmetallic mineral processing plants are those in 40 C.F.R. 

§§ 60.670 to 60.676, inclusive, (July 1, 2009 July 1, 2012).

Source: 12 SDR 183, effective May 21, 1986; 13 SDR 129, 13 SDR 141, effective July 1, 

1987; 14 SDR 72, effective November 24, 1987; 17 SDR 170, effective May 13, 1991; 

transferred from § 74:26:23:02, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective 

January 5, 1995; 23 SDR 106, effective December 29, 1996; 26 SDR 168, effective June 27, 

2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 

209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 

28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.
73

74:36:07:28. Standards of performance for magnetic tape coating facilities. The 

standards of performance for magnetic tape coating facilities are those in 40 C.F.R. §§ 60.710 to 

60.718, inclusive, (July 1, 2009 July 1, 2012).

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 

SDR 106, effective December 29, 1996; 26 SDR 168, effective June 27, 2000; 30 SDR 26, 

effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 

13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:31. Standards of performance for graphic arts industry -- Publication 

rotogravure printing. The standards of performance for publication rotogravure printing in the 

graphic arts industry are those in 40 C.F.R. §§ 60.430 to 60.435, inclusive, (July 1, 2009 July 1, 

2012).

Source: 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 

1996; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 

209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 

28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.
74

74:36:07:32. Standards of performance for volatile organic compound emissions 

from synthetic organic chemical manufacturing industry (SOCMI) reactor processes. The 

standards of performance for volatile organic compound emissions from synthetic organic 

chemical manufacturing industry reactor processes are those in 40 C.F.R. §§ 60.700 to 60.707, 

inclusive, § 60, Subpart RRR (July 1, 2009 July 1, 2012).

Source: 23 SDR 106, effective December 29, 1996; 26 SDR 168, effective June 27, 2000; 

30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, 

effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 

2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:33. Standards of performance for calciners and dryers in mineral 

industries. The standards of performance for calciners and dryers in mineral industries are those 

in 40 C.F.R. §§ 60.730 to 60.736, inclusive, § 60, Subpart UUU (July 1, 2009 July 1, 2012).

Source: 23 SDR 106, effective December 29, 1996; 30 SDR 26, effective September 1, 

2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 

217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.
75

74:36:07:34. Existing municipal solid waste landfill. The owner or operator of an 

existing municipal solid waste landfill that meets the following conditions shall comply with 

§§ 74:36:07:35 to 74:36:07:42, inclusive:

(1) The landfill has accepted waste at any time since November 8, 1987, or has additional 

design capacity available for future waste deposition;

(2) The landfill has a design capacity greater than or equal to 2.5 million megagrams and 

2.5 million cubic meters. The landfill may calculate design capacity either in megagrams or 

cubic meters. Density conversions must be documented and submitted with the report; and

(3) The landfill has a nonmethane organic compound emission rate of 50 megagrams a 

year or more. The calculation of the landfill nonmethane organic compound emission rate must 

meet the requirements of 40 C.F.R. § 60.754 (July 1, 2009 July 1, 2012), to determine the 

landfill nonmethane organic compound emission rate.

Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999; 

26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, 

effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 

2007; 36 SDR 209, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.
76

74:36:07:36. Collection system. The department shall approve the collection and control 

system plan if it is equivalent to or meets the conditions provided in 40 C.F.R. § 60.752(b)(2)(ii) 

(July 1, 2009 July 1, 2012), and the control requirements in § 74:36:07:37.

Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999; 

26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, 

effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 

2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:37. Control system. The department shall approve the control system if it is 

equivalent to or meets one of the following requirements:

(1) An open flare designed and operated in accordance with the parameters established in 

40 C.F.R. § 60.18 (July 1, 2009 July 1, 2012);

(2) A control system designed and operated to reduce nonmethane organic compounds by 

98 percent by weight; or

(3) An enclosed combustor designed and operated to either reduce nonmethane organic 

compounds by 98 percent by weight or the outlet nonmethane organic compound concentration 

to 20 parts per million as hexane by volume, dry basis at three percent oxygen, or less.
77

Source: 23 SDR 106, effective December 29, 1996; 26 SDR 168, effective June 27, 2000; 

30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, 

effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 

2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:39. Existing municipal solid waste landfill operational standards for 

collection and control systems. The owner or operator of an existing municipal solid waste 

landfill that meets the requirements of § 74:36:07:34 shall meet the operational standards for 

collection and control systems in 40 C.F.R. § 60.753 (July 1, 2009 July 1, 2012).

Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999; 

26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, 

effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 

2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:40. Existing municipal solid waste landfill compliance provisions. The owner 

or operator of an existing municipal solid waste landfill that meets the requirements of 
78

§ 74:36:07:34 shall meet the compliance provisions in 40 C.F.R. § 60.755 (July 1, 2009 July 1, 

2012).

Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999; 

26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, 

effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 

2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:41. Existing municipal solid waste landfill monitoring provisions. The owner 

or operator of an existing municipal solid waste landfill that meets the requirements of 

§ 74:36:07:34 shall meet the monitoring provisions in 40 C.F.R. § 60.756 (July 1, 2009 July 1, 

2012).

Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999; 

26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, 

effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 

2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.
79

74:36:07:42. Existing municipal solid waste landfill reporting and recordkeeping.

The owner or operator of an existing municipal solid waste landfill that meets the requirements 

of § 74:36:07:34 shall meet the reporting and recordkeeping requirements specified in 40 C.F.R. 

§§ 60.757 and 60.758 (July 1, 2009 July 1, 2012).

Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999; 

26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, 

effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 

2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:42.01. Additional reporting for existing municipal solid waste landfills. The 

owner or operator of an existing municipal solid waste landfill that meets the requirements of 

subdivisions 74:36:07:34(1) and (2) shall submit an initial nonmethane organic compound 

emission rate report within 90 days of the effective date of EPA's approval of the state's § 111(d) 

plan required in the Clean Air Act and annually or every five years thereafter in accordance with 

40 C.F.R. § 60.757(b) (July 1, 2009 July 1, 2012).

Source: 25 SDR 123, effective April 4, 1999; 26 SDR 168, effective June 27, 2000; 30 

SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, 

effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 

2010.
80

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18

74:36:07:43. Standards of performance for new municipal solid waste landfills. The 

standards of performance for municipal solid waste landfills that commenced construction, 

reconstruction, or modification on or after May 29, 1991, are those in 40 C.F.R. §§ 60.751 to 

60.759, inclusive, (July 1, 2009 July 1, 2012). Physical or operational changes made to existing 

municipal solid waste landfills solely to comply with §§ 74:36:07:34 to 74:36:07:42, inclusive, 

or activities required by or conducted pursuant to a CERCLA, RCRA, or state remedial action 

are not considered construction, reconstruction, or modification for purposes of this section.

Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999; 

26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, 

effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 

2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:44. Standards of performance for nitric acid plants. The standards of 

performance for nitric acid plants are those in 40 C.F.R. §§ 60.70 to 60.74, inclusive, (July 1, 

2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.
81

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:45. Standards of performance for sulfuric acid plants. The standards of 

performance for sulfuric acid plants are those in 40 C.F.R. §§ 60.80 to 60.85, inclusive, (July 1, 

2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:46. Standards of performance for petroleum refineries. The standards of 

performance for petroleum refineries are those in 40 C.F.R. §§ 60.100 to 60.108, inclusive, § 60, 

Subpart J (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:46.01. Standards of performance for petroleum refineries for which 

construction, reconstruction, or modification commenced after May 14, 2007. The standards 

of performance for petroleum refineries for which construction, reconstruction, or modification 
82

commenced after May 14, 2007, are those in 40 C.F.R. § 60, Subpart Ja, (July 1, 2009 July 1, 

2012).

Source: 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:47. Standards of performance for secondary lead smelters. The standards of 

performance for secondary lead smelters are those in 40 C.F.R. §§ 60.120 to 60.123, inclusive, 

(July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:48. Standards of performance for secondary brass and bronze production 

plants. The standards of performance for secondary brass and bronze production plants are those 

in 40 C.F.R. §§ 60.130 to 60.133, inclusive, (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.
83

74:36:07:49. Standards of performance for primary emissions from basic oxygen 

process furnaces for which construction commenced after June 11, 1973. The standards of 

performance for basic oxygen process furnaces are those in 40 C.F.R. §§ 60.140 to 60.144,

inclusive, (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:50. Standards of performance for secondary emissions from basic oxygen 

process steelmaking facilities for which construction commenced after January 20, 1983.

The standards of performance for basic oxygen process steelmaking facilities are those in 40 

C.F.R. §§ 60.140a to 60.145a, inclusive, (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:51. Standards of performance for primary copper smelter. The standards of 

performance for primary copper smelters are those in 40 C.F.R. §§ 60.160 to 60.166, inclusive, 

(July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.
84

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:52. Standards of performance for primary zinc smelter. The standards of 

performance for primary zinc smelters are those in 40 C.F.R. §§ 60.170 to 60.176, inclusive, 

(July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:53. Standards of performance for primary lead smelter. The standards of 

performance for primary lead smelters are those in 40 C.F.R. §§ 60.180 to 60.186, inclusive, 

(July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:54. Standards of performance for primary aluminum reduction plant. The 

standards of performance for primary aluminum reduction plants are those in 40 C.F.R. 

§§ 60.190 to 60.195, inclusive, (July 1, 2009 July 1, 2012).
85

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:55. Standards of performance for wet-process phosphoric acid plant. The 

standards of performance for wet-process phosphoric acid plants are those in 40 C.F.R. 

§§ 60.200 to 60.204, inclusive, (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:56. Standards of performance for superphosphoric acid plant. The standards 

of performance for superphosphoric acid plants are those in 40 C.F.R. §§ 60.210 to 60.214, 

inclusive, (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:57. Standards of performance for diammonium phosphate plant. The 

standards of performance for diammonium phosphate plants are those in 40 C.F.R. §§ 60.220 to 

60.224, inclusive, (July 1, 2009 July 1, 2012).
86

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:58. Standards of performance for triple superphosphate plant. The 

standards of performance for triple superphosphate plants are those in 40 C.F.R. §§ 60.230 to 

60.234, inclusive, (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:59. Standards of performance for granular triple superphosphate storage 

facility. The standards of performance for granular triple superphosphate storage facilities are 

those in 40 C.F.R. §§ 60.240 to 60.244, inclusive, (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.
87

74:36:07:60. Standards of performance for ferroalloy production plant. The standards 

of performance for ferroalloy production plants are those in 40 C.F.R. §§ 60.260 to 60.266, 

inclusive, ( July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:61. Standards of performance for electric arc furnaces and argon-oxygen 

decarburization vessels constructed after August 17, 1983. The standards of performance for 

electric arc furnaces and argon-oxygen decarburization vessels are those in 40 C.F.R. §§ 60.270a 

to 60.276a, inclusive, (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:62. Standards of performance for kraft pulp mills. The standards of 

performance for kraft pulp mills are those in 40 C.F.R. §§ 60.280 to 60.285, inclusive, (July 1, 

2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.
88

Law Implemented: SDCL 34A-1-18.

74:36:07:63. Standards of performance for glass manufacturing plant. The standards 

of performance for glass manufacturing plants are those in 40 C.F.R. §§ 60.290 to 60.296, 

inclusive, (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:64. Standards of performance for surface coating of metal furniture. The 

standards of performance for surface coating of metal furniture are those in 40 C.F.R. §§ 60.310 

to 60.316, inclusive, (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:65. Standards of performance for lead-acid battery manufacturing plant.

The standards of performance for lead-acid battery manufacturing plants are those in 40 C.F.R. 

§§ 60.370 to 60.374, inclusive, (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.
89

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:66. Standards of performance for automobile and light duty truck surface 

coating operations. The standards of performance for automobile and light duty truck surface 

coating operations are those in 40 C.F.R. §§ 60.390 to 60.398, inclusive, (July 1, 2009 July 1, 

2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 208, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:67. Standards of performance for phosphate rock plants. The standards of 

performance for phosphate rock plants are those in 40 C.F.R. §§ 60.400 to 60.404, inclusive, 

(July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:68. Standards of performance for ammonium sulfate manufacture. The 

standards of performance for ammonium sulfate manufacture are those in 40 C.F.R. §§ 60.420 to 

60.424, inclusive, (July 1, 2009 July 1, 2012).
90

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:69. Standards of performance for industrial surface coating -- Large 

appliances. The standards of performance for industrial surface coating of large appliances are 

those in 40 C.F.R. §§ 60.450 to 60.456, inclusive, (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:70. Standards of performance for metal coil surface coating. The standards 

of performance for metal coil surface coating are those in 40 C.F.R. §§ 60.460 to 60.466, 

inclusive, (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.
91

74:36:07:71. Standards of performance for asphalt processing and asphalt roofing 

manufacture. The standards of performance for asphalt processing and asphalt roofing 

manufacture are those in 40 C.F.R. §§ 60.470 to 60.474, inclusive, (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:72. Standards of performance for beverage can surface coating industry.

The standards of performance for beverage can surface coating industry are those in 40 C.F.R. 

§§ 60.490 to 60.496, inclusive, (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:73. Standards of performance for rubber tire manufacturing industry. The 

standards of performance for rubber tire manufacturing industry are those in 40 C.F.R. §§ 60.540 

to 60.548, inclusive, (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 1010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.
92

74:36:07:74. Standards of performance for volatile organic compound emissions 

from polymer manufacturing industry. The standards of performance for polymer 

manufacturing industry are those in 40 C.F.R. §§ 60.560 to 60.566, inclusive, (July 1, 2009 July 

1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:75. Standards of performance for flexible vinyl and urethane coating and 

printing. The standards of performance for flexible vinyl and urethane coating and printing are 

those in 40 C.F.R. §§ 60.580 to 60.585, inclusive, (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:76. Standards of performance for equipment leaks of VOC in petroleum 

refineries. The standards of performance for equipment leaks in petroleum refineries are those in 

40 C.F.R. §§ 60.590 to 60.593, inclusive, (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.
93

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:76.01. Standards of performance for equipment leaks of VOC in petroleum 

refineries. The standards of performance for equipment leaks in petroleum refineries for which 

construction, reconstruction, or modification commenced after November 7, 2006, are those in 

40 C.F.R. § 60, Subpart GGGa, (July 1, 2009 July 1, 2012).

Source: 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:77. Standards of performance for synthetic fiber production facility. The 

standards of performance for synthetic fiber production facilities are those in 40 C.F.R. 

§§ 60.600 to 60.604, inclusive, (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:78. Standards of performance for VOC emissions from synthetic organic 

chemical manufacturing industry air oxidation unit process. The standards of performance 
94

for synthetic organic chemical manufacturing industry air oxidation unit processes are those in 

40 C.F.R. §§ 60.610 to 60.618, inclusive, (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:79. Standards of performance for equipment leaks of VOC from onshore 

natural gas processing plant. The standards of performance for equipment leaks from onshore 

natural gas processing plants are those in 40 C.F.R. §§ 60.630 to 60.636, inclusive, (July 1, 2009

July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:80. Standards of performance for onshore natural gas processing. The 

standards of performance for onshore natural gas processing are those in 40 C.F.R. §§ 60.640 to 

60.648, inclusive, (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.
95

74:36:07:81. Standards of performance for wool fiberglass insulation manufacturing 

plant. The standards of performance for wool fiberglass insulation manufacturing plants are 

those in 40 C.F.R. §§ 60.680 to 60.685, inclusive, (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:82. Standards of performance for VOC emissions from petroleum refinery 

wastewater system. The standards of performance for petroleum refinery wastewater systems 

are those in 40 C.F.R. §§ 60.690 to 60.699, inclusive, (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:83. Standards of performance for industrial surface coating -- Surface 

coating of plastic parts for business machines. The standards of performance for the surface 

coating of plastic parts for business machines are those in 40 C.F.R. §§ 60.720 to 60.726, 

inclusive, (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.
96

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:84. Standards of performance for polymeric coating of supporting 

substrates facility. The standards of performance for polymeric coating of supporting substrates 

facilities are those in 40 C.F.R. §§ 60.740 to 60.748, inclusive, (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:85. Standards of performance for small municipal waste combustion units 

for which construction commenced after August 30, 1999, or modification or 

reconstruction commenced after June 6, 2001. The standards of performance for small 

municipal waste combustion units are those in 40 C.F.R. § 60, Subpart AAAA (July 1, 2009 July 

1, 2012),

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:86. Standards of performance for commercial or industrial solid waste 

incineration units for which construction commenced after November 30, 1999, or 
97

modification or reconstruction commenced on or after June 1, 2001. The standards of 

performance for commercial solid waste incineration units are those in 40 C.F.R. § 60, Subpart 

CCCC (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:87. Standards of performance for other solid waste incineration units for 

which construction commenced after December 9, 2004, or modification or reconstruction 

commenced on or after June 16, 2006. The standards of performance for other solid waste 

incineration units are those in 40 C.F.R. § 60, Subpart EEEE (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:88. Standards of performance for stationary compression ignition internal 

combustion engines. The standards of performance for stationary compression ignition internal 

combustion engines are those in 40 C.F.R. § 60, Subpart IIII (July 1, 2009 July 1, 2012). A 

source subject to Subpart IIII is exempt from the obligation to obtain a Part 70 operating permit 

if the source is not required to obtain a Part 70 operating permit for a reason other than the 
98

source is subject to Subpart IIII. Exempted sources must still meet the applicable requirements in 

Subpart IIII.

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:89. Standards of performance for stationary combustion turbines. The 

standards of performance for stationary combustion turbines are those in 40 C.F.R. §§ 60.4300 to 

60.4420, inclusive, (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:90. Standards of performance for stationary spark ignition internal 

combustion engines. The standards of performance for stationary spark combustion engines are 

those in 40 C.F.R. § 60, Subpart JJJJ (July 1, 2009 July 1, 2012). A source subject to Subpart 

JJJJ is exempt from the obligation to obtain a Part 70 operating permit if the source is not 

required to obtain a Part 70 operating permit for a reason other than the source is subject to 

Subpart JJJJ. Exempted sources must still meet the applicable requirements in Subpart JJJJ.

Source: 36 SDR 207, effective June 28, 2010.
99

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:91. Standards of performance for nitric acid plants for which construction, 

reconstruction, or modification commenced after October 14, 2011. The standards of 

performance for nitric acid plants are those in 40 C.F.R. § 60, Subpart Ga (July 1, 2012).

Source: 

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:92. Standards of performance for new sewage sludge incineration units.

The standards of performance for new sewage sludge incineration units are those in 40 

C.F.R. § 60, Subpart LLLL (July 1, 2012).

Source: 

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

CHAPTER 74:36:08

NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS
100

Section

74:36:08:00 Administrator defined.

74:36:08:01 General provisions -- National emission standards for hazardous air pollutants.

74:36:08:02 Emission standards for asbestos air pollutants.

74:36:08:02.01 Emission standards for equipment leaks (fugitive emission sources) of benzene.

74:36:08:02.02 Emission standards for benzene emissions from benzene storage vessels.

74:36:08:02.03 Emission standards for benzene emissions from benzene transfer operations.

74:36:08:02.04 Emission standards for benzene waste operations.

74:36:08:03 General provisions -- National emission standards for hazardous air pollutants 

for source categories.

74:36:08:03.01 Requirements for control technology determinations for major sources in 

accordance with Clean Air Act sections 112(g) and 112(j).

74:36:08:04 National perchloroethylene air emission standards for dry cleaning facilities.

74:36:08:05 National emission standards for organic hazardous air pollutants from the 

synthetic organic chemical manufacturing industry.

74:36:08:06 National emission standards for organic hazardous air pollutants from synthetic 

organic chemical manufacturing industry process vents, storage vessels, 

transfer operations, and wastewater.

74:36:08:07 National emission standards for organic hazardous air pollutants for equipment 

leaks.
101

74:36:08:08 National emission standards for organic hazardous air pollutants for certain 

processes subject to negotiated regulations for equipment leaks.

74:36:08:09 National emission standards for chromium emissions from hard and decorative 

chromium electroplating and chromium anodizing tanks.

74:36:08:10 National emission standards for ethylene oxide emissions from sterilization 

facilities.

74:36:08:11 National emission standards for industrial process cooling towers.

74:36:08:12 National emission standards for gasoline distribution facilities (bulk gasoline 

terminals and pipeline breakout stations).

74:36:08:13 National emission standards for halogenated solvent cleaning.

74:36:08:14 National emission standards for wood furniture manufacturing operations.

74:36:08:15 National emission standards for aerospace manufacturing.

74:36:08:16 National emission standards for tanks.

74:36:08:17 National emission standards for containers.

74:36:08:18 National emission standards for surface impoundments.

74:36:08:19 National emission standards for individual drain systems.

74:36:08:20 National emission standards for oil-water separators and organic-water separators.

74:36:08:20.01 National emission standards for closed vent systems, control devices, recovery 

devices, and routing to a fuel gas system or a process.

74:36:08:20.02 National emission standards for equipment leaks.

74:36:08:21 National emission standards for hazardous air pollutants from the portland 

cement manufacturing industry.
102

74:36:08:22 National emission standards for hazardous air pollutants for pesticide active 

ingredient production.

74:36:08:23 National emission standards for the printing and publishing industry.

74:36:08:24 National emission standards for oil and natural gas production facilities.

74:36:08:25 National emission standards for natural gas transmission and storage facilities.

74:36:08:26 National emission standards for secondary aluminum production.

74:36:08:27 National emission standards for publicly owned treatment works.

74:36:08:28 National emission standards for solvent extraction for vegetable oil production.

74:36:08:29 National emission standards for paper and other web coating.

74:36:08:30 National emission standards for municipal solid waste landfills.

74:36:08:31 National emission standards for surface coating of metal furniture.

74:36:08:32 National emission standards for integrated iron and steel manufacturing facilities.

74:36:08:33 National emission standards for brick and structural clay products manufacturing.

74:36:08:34 National emission standards for asphalt processing and asphalt roofing 

manufacturing.

74:36:08:35 National emission standards for flexible polyurethane foam fabrication 

operations.

74:36:08:36 National emission standards for engine test cells/stands.

74:36:08:37 National emission standards for surface coating of miscellaneous metal parts and 

products.

74:36:08:38 National emission standards for reinforced plastic composites production.

74:36:08:39 National emission standards for stationary combustion turbines.
103

74:36:08:40 National emission standards for stationary reciprocating internal combustion 

engines.

74:36:08:41 National emission standards for industrial, commercial, and institutional boilers 

and process heaters.

74:36:08:42 National emission standards for polyvinyl chloride and copolymers production.

74:36:08:43 National emission standards for coke oven batteries.

74:36:08:44 National emission standards for pulp and paper industry.

74:36:08:45 National emission standards for group I polymers and resins.

74:36:08:46 National emission standards for epoxy resins production and non-nylon 

polyamides production.

74:36:08:47 National emission standards for secondary lead smelting.

74:36:08:48 National emission standards for phosphoric acid manufacturing plants.

74:36:08:49 National emission standards for phosphate fertilizers production plants.

74:36:08:50 National emission standards for petroleum refineries.

74:36:08:51 National emission standards for off-site waste and recovery operations.

74:36:08:52 National emission standards for magnetic tape manufacturing operations.

74:36:08:53 National emission standards for primary aluminum reduction plants.

74:36:08:54 National emission standards for chemical recovery combustion sources at kraft, 

soda, sulfite, and stand-alone semichemical pulp mills.

74:36:08:55 National emission standards for ethylene manufacturing process units -- Heat 

exchange systems and waste operations.

74:36:08:56 Generic maximum achievable control technology standards.
104

74:36:08:57 National emission standards for steel pickling -- HC1 process facilities and 

hydrochloric acid regeneration plants.

74:36:08:58 National emission standards for mineral wool production.

74:36:08:59 National emission standards for hazardous waste combustors.

74:36:08:60 National emission standards for pharmaceutical production.

74:36:08:61 National emission standards for group IV polymers and resins.

74:36:08:62 National emission standards for wool fiberglass production.

74:36:08:63 National emission standards for manufacture of amino/phenolic resins.

74:36:08:64 National emission standards for polyether polyols production.

74:36:08:65 National emission standards for primary copper smelting.

74:36:08:66 National emission standards for primary lead smelting.

74:36:08:67 National emission standards for petroleum refineries -- Catalytic cracking, 

catalytic reforming, and sulfur recovery units.

74:36:08:68 National emission standards for ferroalloy production -- Ferromanganese and 

silicomanganese.

74:36:08:69 National emission standards for the manufacture of nutritional yeast.

74:36:08:70 National emission standards for plywood and composite wood products.

74:36:08:71 National emission standards for non-gasoline organic liquids distribution.

74:36:08:72 National emission standards for miscellaneous organic chemical manufacturing.

74:36:08:73 National emission standards for wet-formed fiberglass mat production.

74:36:08:74 National emission standards for surface coating of automobiles and light duty 

trucks.

74:36:08:75 National emission standards for surface coating of metal cans.
105

74:36:08:76 National emission standards for surface coating of large appliances.

74:36:08:77 National emission standards for printing, coating, and dyeing of fabrics and 

other textiles.

74:36:08:78 National emission standards for surface coating of plastic parts and products.

74:36:08:79 National emission standards for surface coating of wood building products.

74:36:08:80 National emission standards for surface coating of metal coil.

74:36:08:81 National emission standards for leather finishing operations.

74:36:08:82 National emission standards for cellulose products manufacturing.

74:36:08:83 National emission standards for boat manufacturing.

74:36:08:84 National emission standards for rubber tire manufacturing.

74:36:08:85 National emission standards for lime manufacturing plants.

74:36:08:86 National emission standards for semiconductor manufacturing.

74:36:08:87 National emission standards for coke ovens -- Pushing, quenching, and battery 

stacks.

74:36:08:88 National emission standards for iron and steel foundries.

74:36:08:89 National emission standards for site remediation.

74:36:08:90 National emission standards for miscellaneous coating manufacturing.

74:36:08:91 National emission standards for mercury cell chlor-alkali plants.

74:36:08:92 National emission standards for clay ceramics manufacturing.

74:36:08:93 National emission standards for flexible polyurethane foam production.

74:36:08:94 National emission standards for hydrochloric acid production.

74:36:08:95 National emission standards for friction materials manufacturing facilities.

74:36:08:96 National emission standards for taconite iron ore processing.
106

74:36:08:97 National emission standards for refractory products manufacturing.

74:36:08:98 National emission standards for primary magnesium refining.

74:36:08:99 National emission standards for polyvinyl chloride and copolymers production 

area sources.

74:36:08:100 National emission standards for primary copper smelting area sources.

74:36:08:101 National emission standards for secondary copper smelting area sources.

74:36:08:102 National emission standards for primary nonferrous metals area sources -- Zinc, 

cadmium, and beryllium.

74:36:08:103 National emission standards for hospital ethylene oxide sterilizers.

74:36:08:104 National emission standards for electric arc furnace steelmaking facility area 

sources.

74:36:08:105 National emission standards for iron and steel foundry area sources.

74:36:08:106 National emission standards for gasoline distribution bulk terminals, bulk plants, 

and pipeline facilities.

74:36:08:107 National emission standards for gasoline dispensing facilities.

74:36:08:108 National emission standards for paint stripping and miscellaneous surface 

coating area sources.

74:36:08:109 National emission standards for acrylic and modacrylic fiber production area 

sources.

74:36:08:110 National emission standards for carbon black production area sources.

74:36:08:111 National emission standards for chemical manufacturing area sources --

Chromium compounds.
107

74:36:08:112 National emission standards for flexible polyurethane foam production and 

fabrication area sources.

74:36:08:113 National emission standards for lead acid battery manufacturing area sources.

74:36:08:114 National emission standards for wood preserving area sources.

74:36:08:115 National emission standards for clay ceramic manufacturing area sources.

74:36:08:116 National emission standards for glass manufacturing area sources.

74:36:08:117 National emission standards for secondary nonferrous metal processing area 

sources.

74:36:08:118 National emission standards for plating and polishing area sources.

74:36:08:119 National emission standards for nine metal fabrication and finishing area 

sources.

74:36:08:120 National emission standards for ferroalloys production area sources.

74:36:08:121 National emission standards for aluminum, copper, and other nonferrous 

foundry area sources.

74:36:08:122 National emission standards for coal- and oil-fired electric utility steam 

generating units.

74:36:08:123 National emission standards for industrial, commercial, and institutional 

boilers area sources.

74:36:08:124 National emission standards for chemical manufacturing area sources.

74:36:08:125 National emission standards for asphalt processing and asphalt roofing 

manufacturing area sources.

74:36:08:126 National emission standards for chemical preparations industry area 

sources.
108

74:36:08:127 National emission standards paints and allied products manufacturing 

area sources.

74:36:08:128 National emission standards for prepared feeds manufacturing area 

sources.

74:36:08:129 National emission standards for gold mine ore processing and 

production area sources.

74:36:08:130 National emission standards for polyvinyl chloride and copolymers 

production.

74:36:08:01. General provisions -- National emission standards for hazardous air 

pollutants. The general provisions for the national emission standards for hazardous air 

pollutants are those in 40 C.F.R. § 61, Subpart A (July 1, 2009 July 1, 2012).

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 

SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999; 26 SDR 168, 

effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 

2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 

207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.
109

74:36:08:02. Emission standards for asbestos air pollutants. The emission standards 

for asbestos air pollutants are those in 40 C.F.R. § 61, Subpart M (July 1, 2009 July 1, 2012).

Source: 11 SDR 151, effective May 12, 1985; 13 SDR 129, 13 SDR 141, effective July 1, 

1987; 14 SDR 72, effective November 24, 1987; 17 SDR 170, effective May 13, 1991; 18 SDR 

95, effective December 2, 1991; transferred from § 74:26:22:02, 19 SDR 157, effective April 22, 

1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 1996; 25 

SDR 123, effective April 4, 1999; 26 SDR 168, effective July 27, 2000; 30 SDR 26, effective 

September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 

2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:02.01. Emission standards for equipment leaks (fugitive emission sources) 

of benzene. The emission standards for equipment leaks of benzene are those in 40 C.F.R. § 61 

Subpart J (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.
110

74:36:08:02.02. Emission standards for benzene emissions from benzene storage 

vessels. The emission standards for benzene emissions from benzene storage vessels are those in 

40 C.F.R. § 61, Subpart Y (July 1, 2009 July 1, 2012).

Source: 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:02.03. Emission standards for benzene emissions from benzene transfer 

operations. The emission standards for benzene emissions from benzene transfer operations are 

those in 40 C.F.R. § 61, Subpart BB (July 1, 2009 July 1, 2012).

Source: 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:02.04. Emission standards for benzene waste operations. The emission 

standards for benzene waste operations equipment leaks of benzene are those in 40 C.F.R. § 61, 

Subpart FF (July 1, 2009 July 1, 2012).

Source: 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.
111

74:36:08:03. General provisions -- National emission standards for hazardous air 

pollutants for source categories. The general provisions for the national emission standards for 

hazardous air pollutants for source categories are those in 40 C.F.R. § 63 Subpart A (July 1, 2009

July 1, 2012).

Source: 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 

1996; 25 SDR 123, effective April 4, 1999; 26 SDR 168, effective June 27, 2000; 30 SDR 26, 

effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 

13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:03.01. Requirements for control technology determinations for major 

sources in accordance with Clean Air Act sections 112(g) and 112(j). The provisions for 

control technology determinations for major sources in accordance with Clean Air Act sections 

112(g) and 112(j) are those in 40 C.F.R. § 63, Subpart B (July 1, 2009 July 1, 2012).

Source: 25 SDR 123, effective April 4, 1999; 26 SDR 168, effective June 27, 2000; 30 

SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, 

effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 

2010.

General Authority: SDCL 34A-1-6.
112

Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:04. National perchloroethylene air emission standards for dry cleaning 

facilities. The national perchloroethylene air emission standards for dry cleaning facilities are 

those in 40 C.F.R. § 63, Subpart M (July 1, 2009 July 1, 2012). A source that operates a unit 

subject to Subpart M is exempt from the obligation to obtain a Part 70 operating permit if the 

source is not required to obtain a Part 70 operating permit for a reason other than the source is 

subject to Subpart M. Exempted sources must still meet the applicable requirements in Subpart 

M.

Source: 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 

1996; 25 SDR 123, effective April 4, 1999; 26 SDR 168, effective June 27, 2000; 30 SDR 26, 

effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 

13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.

Cross-Reference: Complete application, § 74:36:05:09.

74:36:08:05. National emission standards for organic hazardous air pollutants from 

the synthetic organic chemical manufacturing industry. The national emission standards for 

organic hazardous air pollutants from the synthetic organic chemical manufacturing industry are 

those in 40 C.F.R. § 63, Subpart F (July 1, 2009 July 1, 2012).
113

Source: 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 

1996; 25 SDR 123, effective April 4, 1999; 26 SDR 168, effective June 27, 2000; 30 SDR 26, 

effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 

13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:06. National emission standards for organic hazardous air pollutants from 

synthetic organic chemical manufacturing industry process vents, storage vessels, transfer 

operations, and wastewater. The national emission standards for organic hazardous air 

pollutants from synthetic organic chemical manufacturing industry process vents, storage 

vessels, transfer operations, and wastewater are those in 40 C.F.R. § 63, Subpart G (July 1, 2009

July 1, 2012).

Source: 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 

1996; 25 SDR 123, effective April 4, 1999; 26 SDR 168, effective June 27, 2000; 30 SDR 26, 

effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 

13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.
114

74:36:08:07. National emission standards for organic hazardous air pollutants for 

equipment leaks. The national emission standards for organic hazardous air pollutants for 

equipment leaks are those in 40 C.F.R. § 63, Subpart H (July 1, 2009 July 1, 2012).

Source: 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 

1996; 25 SDR 123, effective April 4, 1999; 26 SDR 168, effective June 27, 2000; 30 SDR 26, 

effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 

13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:08. National emission standards for organic hazardous air pollutants for 

certain processes subject to negotiated regulations for equipment leaks. The national 

emission standards for organic hazardous air pollutants for certain processes subject to the 

negotiated regulations for equipment leaks are those in 40 C.F.R. § 63, Subpart I (July 1, 2009

July 1, 2012).

Source: 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 

1996; 25 SDR 123, effective April 4, 1999; 26 SDR 168, effective June 27, 2000; 30 SDR 26, 

effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 

13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.
115

74:36:08:09. National emission standards for chromium emissions from hard and 

decorative chromium electroplating and chromium anodizing tanks. The national emission 

standards for hard and decorative chromium electroplating and chromium anodizing tanks are 

those in 40 C.F.R. § 63, Subpart N (July 1, 2009 July 1, 2012). An area source that operates a 

unit subject to Subpart N is exempt from the obligation to obtain a Part 70 operating permit if the 

source is not required to obtain a Part 70 operating permit for a reason other than the source is 

subject to Subpart N. Exempted sources must still meet the applicable requirements in Subpart 

N.

Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999; 

26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, 

effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 

2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.

Cross-Reference: Operating permits for part 70 sources, § 74:36:05.

74:36:08:10. National emission standards for ethylene oxide emissions from 

sterilization facilities. The national emission standards for ethylene oxide from sterilization 

facilities are those in 40 C.F.R. § 63, Subpart O (July 1, 2009 July 1, 2012). A source that 

operates a unit subject to Subpart O is exempt from the obligation to obtain a Part 70 operating 
116

permit if the source is not required to obtain a Part 70 operating permit for a reason other than 

the source is subject to Subpart O. Exempted sources must still meet the applicable requirements 

in Subpart O.

Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999; 

26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, 

effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 

2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:11. National emission standards for industrial process cooling towers. The 

national emission standards for industrial process cooling towers are those in 40 C.F.R. § 63, 

Subpart Q (July 1, 2009 July 1, 2012). A source that operates a unit subject to Subpart Q is 

exempt from the obligations to obtain a Part 70 operating permit if the source is not required to 

obtain a Part 70 operating permit for a reason other than the source is subject to Subpart Q. 

Exempted sources must still meet the applicable requirements in Subpart Q.

Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999; 

26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, 

effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 

2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.
117

Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:12. National emission standards for gasoline distribution facilities (bulk 

gasoline terminals and pipeline breakout stations). The national emission standards for 

gasoline distribution facilities (bulk gasoline terminals and pipeline breakout stations) are those 

in 40 C.F.R. § 63, Subpart R (July 1, 2009 July 1, 2012).

Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999; 

30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, 

effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 

2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:13. National emission standards for halogenated solvent cleaning. The 

national emission standards for halogenated solvent cleaning are those in 40 C.F.R. § 63, Subpart 

T (July 1, 2009 July 1, 2012). An area source that operates a unit subject to Subpart T is exempt 

from the obligation to obtain a Part 70 operating permit if the source is not required to obtain a 

Part 70 operating permit for a reason other than the source is subject to Subpart T. Exempted 

sources must still meet the applicable requirements in Subpart T.

Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999; 

26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, 
118

effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 

2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:14. National emission standards for wood furniture manufacturing 

operations. The national emission standards for wood furniture manufacturing operations are 

those in 40 C.F.R. § 63, Subpart JJ (July 1, 2009 July 1, 2012).

Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999; 

26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, 

effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 

2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:15. National emission standards for aerospace manufacturing. The national 

emission standards for aerospace manufacturing are those in 40 C.F.R. § 63, Subpart GG (July 1, 

2009 July 1, 2012).

Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999; 

26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, 
119

effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 

2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:16. National emission standards for tanks. The national emission standards 

for tanks -- level 1 are those in 40 C.F.R. § 63, Subpart OO (July 1, 2009 July 1, 2012). The 

national emission standards for tanks -- level 2 are those in 40 C.F.R. § 63, Subpart OO WW

(July 1, 2009 July 1, 2012).

Source: 25 SDR 123, effective April 4, 1999; 30 SDR 26, effective September 1, 2003; 31 

SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, 

effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:17. National emission standards for containers. The national emission 

standards for containers are those in 40 C.F.R. § 63, Subpart PP (July 1, 2009 July 1, 2012).

Source: 25 SDR 123, effective April 4, 1999; 30 SDR 26, effective September 1, 2003; 31 

SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, 

effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.
120

Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:18. National emission standards for surface impoundments. The national 

emission standards for surface impoundments are those in 40 C.F.R. § 63, Subpart QQ (July 1, 

2009 July 1, 2012).

Source: 25 SDR 123, effective April 4, 1999; 30 SDR 26, effective September 1, 2003; 31 

SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, 

effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:19. National emission standards for individual drain systems. The national 

emission standards for individual drain systems are those in 40 C.F.R. § 63, Subpart RR (July 1, 

2009 July 1, 2012).

Source: 25 SDR 123, effective April 4, 1999; 30 SDR 26, effective September 1, 2003; 31 

SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, 

effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.
121

74:36:08:20. National emission standards for oil-water separators and organic-water 

separators. The national emission standards for oil-water separators and organic-water 

separators are those in 40 C.F.R. § 63, Subpart VV (July 1, 2009 July 1, 2012).

Source: 25 SDR 123, effective April 4, 1999; 30 SDR 26, effective September 1, 2003; 31 

SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, 

effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:20.01. National emission standards for closed vent systems, control devices, 

recovery devices, and routing to a fuel gas system or a process. The national emission 

standards for closed vent systems, control devices, recovery devices, and routing to a fuel gas 

system or a process are those in 40 C.F.R. § 63, Subpart SS (July 1, 2009 July 1, 2012).

Source: 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 

32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, 

effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:20.02. National emission standards for equipment leaks. The national 

emission standards for equipment leaks -- control level 1 are those in 40 C.F.R. § 63, Subpart TT 
122

(July 1, 2009 July 1, 2012). The national emission standards for equipment leaks -- control level 

2 are those in 40 C.F.R. § 63, Subpart UU (July 1, 2009 July 1, 2012).

Source: 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 

32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, 

effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:21. National emission standards for hazardous air pollutants from the 

portland cement manufacturing industry. The national emission standards for the portland 

cement manufacturing industry are those in 40 C.F.R. § 63, Subpart LLL (July 1, 2009 July 1, 

2012).

Source: 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 

SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, 

effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:22. National emission standards for hazardous air pollutants for pesticide 

active ingredient production. The national emission standards for pesticide active ingredient 

production are those in 40 C.F.R. § 63, Subpart MMM (July 1, 2009 July 1, 2012).
123

Source: 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 

SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, 

effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:23. National emission standards for the printing and publishing industry.

The national emission standards for the printing and publishing industry are those in 40 C.F.R. 

§ 63, Subpart KK (July 1, 2009 July 1, 2012).

Source: 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 

SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, 

effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

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, 2009 July 1, 2012). A source that operates a unit subject to 

Subpart HH is exempt from the obligation to obtain a Part 70 operating permit if the unit is not 

required to install controls and if the source is not required to obtain a Part 70 operating permit 
124

for a reason other than the source is subject to Subpart HH. Exempted sources must still meet the 

applicable requirements in Subpart HH.

Source: 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 

32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, 

effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:25. National emission standards for natural gas transmission and storage 

facilities. The national emission standards for natural gas transmission and storage facilities are 

those in 40 C.F.R. § 63, Subpart HHH (July 1, 2009 July 1, 2012).

Source: 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 

32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, 

effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:26. National emission standards for secondary aluminum production. The 

national emission standards for secondary aluminum production are those in 40 C.F.R. § 63, 

Subpart RRR (July 1, 2009 July 1, 2012).
125

Source: 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 

32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, 

effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:27. National emission standards for publicly owned treatment works. The 

national emission standards for publicly owned treatment works are those in 40 C.F.R. § 63, 

Subpart VVV (July 1, 2009 July 1, 2012).

Source: 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 

32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, 

effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:28. National emission standards for solvent extraction for vegetable oil 

production. The national emission standards for solvent extraction of vegetable oil production 

are those in 40 C.F.R. § 63, Subpart GGGG (July 1, 2009 July 1, 2012).

Source: 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 

32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, 

effective June 28, 2010.
126

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:29. National emission standards for paper and other web coating. The 

national emission standards for paper and other web coating are those in 40 C.F.R. § 63, Subpart 

JJJJ (July 1, 2009 July 1, 2012).

Source: 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 

32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, 

effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:30. National emission standards for municipal solid waste landfills. The 

national emission standards for municipal solid waste landfills are those in 40 C.F.R. § 63, 

Subpart AAAA (July 1, 2009 July 1, 2012).

Source: 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 

32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, 

effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.
127

74:36:08:31. National emission standards for surface coating of metal furniture. The 

national emission standards for surface coating of metal furniture are those in 40 C.F.R. § 63, 

Subpart RRRR (July 1, 2009 July 1, 2012).

Source: 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 

SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:32. National emission standards for integrated iron and steel 

manufacturing facilities. The national emission standards for integrated iron and steel 

manufacturing are those in 40 C.F.R. § 63, Subpart FFFFF (July 1, 2009 July 1, 2012).

Source: 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 

SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:33. National emission standards for brick and structural clay products 

manufacturing. The national emission standards for brick and structural clay products 

manufacturing are those in 40 C.F.R. § 63, Subpart JJJJJ (July 1, 2009 July 1, 2012).
128

Source: 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 

SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:34. National emission standards for asphalt processing and asphalt roofing 

manufacturing. The national emission standards for asphalt processing and asphalt roofing 

manufacturing are those in 40 C.F.R. § 63, Subpart LLLLL (July 1, 2009 July 1, 2012).

Source: 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 

SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:35. National emission standards for flexible polyurethane foam fabrication 

operations. The national emission standards for flexible polyurethane foam fabrication 

operations are those in 40 C.F.R. § 63, Subpart MMMMM (July 1, 2009 July 1, 2012).

Source: 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 

SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.
129

74:36:08:36. National emission standards for engine test cells/stands. The national 

emission standards for engine test cells/stands are those in 40 C.F.R. § 63, Subpart PPPPP (July 

1, 2009 July 1, 2012).

Source: 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 

SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:37. National emission standards for surface coating of miscellaneous metal 

parts and products. The national emission standards for surface coating of miscellaneous metal 

parts and products as published in 40 C.F.R. § 63, Subpart MMMM (July 1, 2009 July 1, 2012).

Source: 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 

SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:38. National emission standards for reinforced plastic composites 

production. The national emission standards for reinforced plastic composites production are 

those in 40 C.F.R. § 63, Subpart WWWW (July 1, 2009 July 1, 2012).
130

Source: 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 

SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:39. National emission standards for stationary combustion turbines. The 

national emission standards for stationary combustion turbines are those in 40 C.F.R. § 63, 

Subpart YYYY (July 1, 2009 July 1, 2012).

Source: 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 

SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:40. National emission standards for stationary reciprocating internal 

combustion engines. The national emission standards for stationary reciprocating internal 

combustion engines are those in 40 C.F.R. § 63, Subpart ZZZZ (July 1, 2009 July 1, 2012).

Source: 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 

SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.
131

74:36:08:41. National emission standards for industrial, commercial, and 

institutional boilers and process heaters. The national emission standards for industrial, 

commercial, and institutional boilers and process heaters are those in 40 C.F.R. § 63, Subpart 

DDDDD (July 1, 2009 July 1, 2012).

Source: 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 

SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:42. National emission standards for polyvinyl chloride and copolymers 

production. The national emission standards for polyvinyl chloride and copolymers production 

are those in 40 C.F.R. § 63, Subpart J (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:43. National emission standards for coke oven batteries. The national 

emission standards for coke oven batteries are those in 40 C.F.R. § 63, Subpart L, (July 1, 2009

July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.
132

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:44. National emission standards for pulp and paper industry. The national 

emission standards for pulp and paper industry are those in 40 C.F.R. § 63, Subpart S, (July 1, 

2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:45. National emission standards for group I polymers and resins. The 

national emission standards for group I polymers and resins are those in 40 C.F.R. § 63, Subpart 

U, (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:46. National emission standards for epoxy resins production and non-nylon 

polyamides production. The national emission standards for epoxy resins production and nonnylon polyamides production are those in 40 C.F.R. § 63, Subpart W, (July 1, 2009 July 1, 

2012).
133

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:47. National emission standards for secondary lead smelting. The national 

emission standards for secondary lead smelting are those in 40 C.F.R. § 63, Subpart X (July 1, 

2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:48. National emission standards for phosphoric acid manufacturing plants.

The national emission standards for phosphoric acid manufacturing plants are those in 40 C.F.R. 

§ 63, Subpart AA (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.
134

74:36:08:49. National emission standards for phosphate fertilizers production plants.

The national emission standards for phosphate fertilizers production plants are those in 40 C.F.R. 

§ 63, Subpart BB (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:50. National emission standards for petroleum refineries. The national 

emission standards for petroleum refineries are those in 40 C.F.R. § 63, Subpart CC (July 1, 

2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:51. National emission standards for off-site waste and recovery operations.

The national emission standards for off-site waste and recovery operations are those in 40 C.F.R. 

§ 63, Subpart DD (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.
135

74:36:08:52. National emission standards for magnetic tape manufacturing 

operations. The national emission standards for magnetic tape manufacturing operations are 

those in 40 C.F.R. § 63, Subpart EE (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:53. National emission standards for primary aluminum reduction plants.

The national emission standards for primary aluminum reduction plants are those in 40 C.F.R. 

§ 63, Subpart LL (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:54. National emission standards for chemical recovery combustion sources 

at kraft, soda, sulfite, and stand-alone semichemical pulp mills. The national emission 

standards for chemical recovery combustion sources at kraft, soda, sulfite, and stand-alone 

semichemical pulp mills are those in 40 C.F.R. § 63, Subpart MM (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.
136

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:55. National emission standards for ethylene manufacturing process units --

Heat exchange systems and waste operations. The national emission standards for heat 

exchange systems and waste operations are those in 40 C.F.R. § 63, Subpart XX (July 1, 2009

July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:56. Generic maximum achievable control technology standards. The generic 

maximum achievable control technology standards are those in 40 C.F.R. § 63, Subpart YY (July 

1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:57. National emission standards for steel pickling -- HC1 process facilities 

and hydrochloric acid regeneration plants. The national emission standards for HC1 process 
137

facilities and hydrochloric acid regeneration plants are those in 40 C.F.R. § 63, Subpart CCC 

(July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:58. National emission standards for mineral wool production. The national 

emission standards for mineral wool production are those in 40 C.F.R. § 63, Subpart DDD (July 

1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:59. National emission standards for hazardous waste combusters. The 

national emission standards for hazardous waste combusters are those in 40 C.F.R. § 63, Subpart 

EEE (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.
138

74:36:08:60. National emission standards for pharmaceutical production. The 

national emission standards for pharmaceutical production are those in 40 C.F.R. § 63, Subpart 

GGG (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:61. National emission standards for group IV polymers and resins. The 

national emission standards for group IV polymers and resins are those in 40 C.F.R. § 63, 

Subpart JJJ (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:62. National emission standards for wool fiberglass production. The national 

emission standards for wool fiberglass production are those in 40 C.F.R. § 63, Subpart NNN 

(July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.
139

74:36:08:63. National emission standards for manufacture of amino/phenolic resins.

The national emission standards for the manufacture of amino/phenolic resins are those in 40 

C.F.R. § 63, Subpart OOO (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:64. National emission standards for polyether polyols production. The 

national emission standards for polyether polyols production are those in 40 C.F.R. § 63, Subpart 

PPP (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:65. National emission standards for primary copper smelting. The national 

emission standards for primary copper smelting are those in 40 C.F.R. § 63, Subpart QQQ (July 

1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.
140

Law Implemented: SDCL 34A-1-18.

74:36:08:66. National emission standards for primary lead smelting. The national 

emission standards for primary lead smelting are those in 40 C.F.R. § 63, Subpart TTT (July 1, 

2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:67. National emission standards for petroleum refineries -- Catalytic 

cracking, catalytic reforming, and sulfur recovery units. The national emission standards for 

catalytic cracking, catalytic reforming, and sulfur recovery units at petroleum refineries are those 

in 40 C.F.R. § 63, Subpart UUU (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:68. National emission standards for ferroalloy production --

Ferromanganese and silicomanganese. The national emission standards for ferromanganese 

and silicomanganese production are those in 40 C.F.R. § 63, Subpart XXX (July 1, 2009 July 1, 

2012).
141

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:69. National emission standards for the manufacture of nutritional yeast.

The national emission standards for the manufacture of nutritional yeast are those in 40 C.F.R. 

§ 63, Subpart CCCC (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:70. National emission standards for plywood and composite wood products.

The national emission standards for plywood and composite wood products are those in 40 

C.F.R. § 63, Subpart DDDD (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.
142

74:36:08:71. National emission standards for non-gasoline organic liquids 

distribution. The national emission standards for non-gasoline organic liquids distribution are 

those in 40 C.F.R. § 63, Subpart EEEE (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:72. National emission standards for miscellaneous organic chemical 

manufacturing. The national emission standards for miscellaneous organic chemical 

manufacturing are those in 40 C.F.R. § 63, Subpart FFFF (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:73. National emission standards for wet-formed fiberglass mat production.

The national emission standards for wet-formed fiberglass mat production are those in 40 C.F.R. 

§ 63, Subpart HHHH (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.
143

74:36:08:74. National emission standards for surface coating of automobiles and 

light duty trucks. The national emission standards for surface coating of automobiles and light 

duty trucks are those in 40 C.F.R. § 63, Subpart IIII (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:75. National emission standards for surface coating of metal cans. The 

national emission standards for surface coating of metal cans are those in 40 C.F.R. § 63, Subpart 

KKKK (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:76. National emission standards for surface coating of large appliances. The 

national emission standards for surface coating of large appliances are those in 40 C.F.R. § 63, 

Subpart NNNN (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.
144

Law Implemented: SDCL 34A-1-18.

74:36:08:77. National emission standards for printing, coating, and dyeing of fabrics 

and other textiles. The national emission standards for printing, coating, and dyeing of fabrics 

and other textiles are those in 40 C.F.R. § 63, Subpart OOOO (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:78. National emission standards for surface coating of plastic parts and 

products. The national emission standards for surface coating of plastic parts and products are 

those in 40 C.F.R. § 63, Subpart PPPP (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:79. National emission standards for surface coating of wood building 

products. The national emission standards for surface coating of wood building products are 

those in 40 C.F.R. § 63, Subpart QQQQ (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.
145

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:80. National emission standards for surface coating of metal coil. The 

national emission standards for surface coating of metal coil are those in 40 C.F.R. § 63, Subpart 

SSSS (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:81. National emission standards for leather finishing operations. The 

national emission standards for leather finishing operations are those in 40 C.F.R. § 63, Subpart 

TTTT (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:82. National emission standards for cellulose products manufacturing. The 

national emission standards for cellulose products manufacturing are those in 40 C.F.R. § 63, 

Subpart UUUU (July 1, 2009 July 1, 2012).
146

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:83. National emission standards for boat manufacturing. The national 

emission standards for boat manufacturing are those in 40 C.F.R. § 63, Subpart VVVV (July 1, 

2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:84. National emission standards for rubber tire manufacturing. The national 

emission standards for rubber tire manufacturing are those in 40 C.F.R. § 63, Subpart XXXX 

(July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:85. National emission standards for lime manufacturing plants. The national 

emission standards for lime manufacturing plants are those in 40 C.F.R. § 63, Subpart AAAAA 

(July 1, 2009 July 1, 2012).
147

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:86. National emission standards for semiconductor manufacturing. The 

national emission standards for semiconductor manufacturing are those in 40 C.F.R. § 63, 

Subpart BBBBB (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:87. National emission standards for coke ovens -- Pushing, quenching, and 

battery stacks. The national emission standards for coke ovens are those in 40 C.F.R. § 63, 

Subpart CCCCC (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.
148

74:36:08:88. National emission standards for iron and steel foundries. The national 

emission standards for iron and steel foundries are those in 40 C.F.R. § 63, Subpart EEEEE (July 

1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:89. National emission standards for site remediation. The national emission 

standards for site remediation are those in 40 C.F.R. § 63, Subpart GGGGG (July 1, 2009 July 1, 

2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:90. National emission standards for miscellaneous coating manufacturing.

The national emission standards for miscellaneous coating manufacturing are those in 40 C.F.R. 

§ 63, Subpart HHHHH (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.
149

74:36:08:91. National emission standards for mercury cell chlor-alkali plants. The 

national emission standards for mercury cell chlor-alkali plants are those in 40 C.F.R. § 63, 

Subpart IIIII (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:92. National emission standards for clay ceramics manufacturing. The 

national emission standards for clay ceramics manufacturing are those in 40 C.F.R. § 63, Subpart 

KKKKK (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:93. National emission standards for flexible polyurethane foam production.

The national emission standards for flexible polyurethane foam production are those in 40 C.F.R. 

§ 63, Subpart III (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.
150

Law Implemented: SDCL 34A-1-18.

74:36:08:94. National emission standards for hydrochloric acid production. The 

national emission standards for hydrochloric acid production are those in 40 C.F.R. § 63, Subpart 

NNNNN (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:95. National emission standards for friction materials manufacturing 

facilities. The national emission standards for friction materials manufacturing facilities are 

those in 40 C.F.R. § 63, Subpart QQQQQ (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:96. National emission standards taconite iron ore processing. The national 

emission standards for taconite iron ore processing are those in 40 C.F.R. § 63, Subpart RRRRR 

(July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.
151

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:97. National emission standards for refractory products manufacturing.

The national emission standards for refractory products manufacturing are those in 40 C.F.R. 

§ 63, Subpart SSSSS (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:98. National emission standards for primary magnesium refining. The 

national emission standards for primary magnesium refining are those in 40 C.F.R. § 63, Subpart 

TTTTT (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:99. National emission standards for polyvinyl chloride and copolymers 

production area sources. The national emission standards for polyvinyl chloride and 

copolymers production area sources are those in 40 C.F.R. § 63, Subpart DDDDDD (July 1, 

2009 July 1, 2012). A source that operates a unit subject to Subpart DDDDDD is exempt from 
152

the obligation to obtain a Part 70 operating permit if the source is not required to obtain a Part 70 

operating permit for a reason other than the source is subject to Subpart DDDDDD. Exempted 

sources must still meet the applicable requirements in Subpart DDDDDD.

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:100. National emission standards for primary copper smelting area sources.

The national emission standards for primary copper smelting area sources are those in 40 C.F.R. 

§ 63, Subpart EEEEEE (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:101. National emission standards for secondary copper smelting area 

sources. The national emission standards for secondary copper smelting area sources are those in 

40 C.F.R. § 63, Subpart FFFFFF (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.
153

74:36:08:102. National emission standards for primary nonferrous metals area 

sources -- Zinc, cadmium, and beryllium. The national emission standards for primary 

nonferrous metals area sources are those in 40 C.F.R. § 63, Subpart GGGGGG (July 1, 2009

July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:103. National emission standards for hospital ethylene oxide sterilizers. The 

national emission standards for hospital ethylene oxide sterilizers are those in 40 C.F.R. § 63, 

Subpart WWWWW (July 1, 2009 July 1, 2012). A source that operates a unit subject to Subpart 

WWWWW is exempt from the obligation to obtain a Part 70 operating permit if the source is not 

required to obtain a Part 70 operating permit for a reason other than the source is subject to 

Subpart WWWWW. Exempted sources must still meet the applicable requirements in Subpart 

WWWWW.

Source: 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.
154

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 July 1, 2012) 

Source: 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:105. National emission standards for iron and steel foundry area sources.

The national emission standards for iron and steel foundry area sources are those in 40 C.F.R. 

§ 63, Subpart ZZZZZ (July 1, 2009 July 1, 2012). A source that operates a unit subject to 

Subpart ZZZZZ is exempt from the obligation to obtain a Part 70 operating permit if the source 

is not required to obtain a Part 70 operating permit for a reason other than the source is subject to 

Subpart ZZZZZ. Exempted sources must still meet the applicable requirements in Subpart 

ZZZZZ.

Source: 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:106. National emission standards for gasoline distribution bulk terminals, 

bulk plants, and pipeline facilities. The national emission standards for gasoline distribution 

bulk terminals, bulk plants, and pipeline facilities are those in 40 C.F.R. § 63, Subpart BBBBBB 
155

(July 1, 2009 July 1, 2012). A source that operates a unit subject to Subpart BBBBBB is exempt 

from the obligation to obtain a Part 70 operating permit if the source is not required to obtain a 

Part 70 operating permit for a reason other than the source is subject to Subpart BBBBBB. 

Exempted sources must still meet the applicable requirements in Subpart BBBBBB

Source: 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:107. National emission standards for gasoline dispensing facilities. The 

national emission standards for gasoline dispensing facilities are those in 40 C.F.R. § 63, Subpart 

CCCCCC (July 1, 2009 July 1, 2012). A source that operates a unit subject to Subpart CCCCCC 

is exempt from the obligation to obtain a Part 70 operating permit if the source is not required to 

obtain a Part 70 operating permit for a reason other than the source is subject to Subpart 

CCCCCC. Exempted sources must still meet the applicable requirements in Subpart CCCCCC.

Source: 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:108. National emission standards for paint stripping and miscellaneous 

surface coating area sources. The national emission standards for paint stripping and 

miscellaneous coating area sources are those in 40 C.F.R. § 63, Subpart HHHHHH (July 1, 2009
156

July 1, 2012). A source that operates a unit subject to Subpart HHHHHH is exempt from the 

obligation to obtain a Part 70 operating permit if the source is not required to obtain a Part 70 

operating permit for a reason other than the source is subject to Subpart HHHHHH. Exempted 

sources must still meet the applicable requirements in Subpart HHHHHH.

Source: 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:109. National emission standards for acrylic and modacrylic fiber 

production area sources. The national emission standards for acrylic and modacrylic fiber 

production area sources are those in 40 C.F.R. § 63, Subpart LLLLLL (July 1, 2009 July 1, 

2012). A source that operates a unit subject to Subpart LLLLLL is exempt from the obligation to 

obtain a Part 70 operating permit if the source is not required to obtain a Part 70 operating permit 

for a reason other than the source is subject to Subpart LLLLLL. Exempted sources must still 

meet the applicable requirements in Subpart LLLLLL.

Source: 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.
157

74:36:08:110. National emission standards for carbon black production area sources.

The national emission standards for carbon black production area sources are those in 40 C.F.R. 

§ 63, Subpart MMMMMM (July 1, 2009 July 1, 2012).

Source: 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:111. National emission standards for chemical manufacturing area sources 

-- Chromium compounds. The national emission standards for chemical manufacturing area 

sources -- chromium compounds are those in 40 C.F.R. § 63, Subpart NNNNNN (July 1, 2009

July 1, 2012). A source that operates a unit subject to Subpart NNNNNN is exempt from the 

obligation to obtain a Part 70 operating permit if the source is not required to obtain a Part 70 

operating permit for a reason other than the source is subject to Subpart NNNNNN. Exempted 

sources must still meet the applicable requirements in Subpart NNNNNN.

Source: 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:112. National emission standards for flexible polyurethane foam production 

and fabrication area sources. The national emission standards for flexible polyurethane foam 

production and fabrication area sources are those in 40 C.F.R. § 63, Subpart OOOOOO (July 1, 
158

2009 July 1, 2012). A source that operates a unit subject to Subpart OOOOOO is exempt from 

the obligation to obtain a Part 70 operating permit if the source is not required to obtain a Part 70 

operating permit for a reason other than the source is subject to Subpart OOOOOO. Exempted 

sources must still meet the applicable requirements in Subpart OOOOOO.

Source: 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:113. National emission standards for lead acid battery manufacturing area 

sources. The national emission standards for lead acid battery manufacturing area sources are 

those in 40 C.F.R. § 63, Subpart PPPPPP (July 1, 2009 July 1, 2012). A source that operates a 

unit subject to Subpart PPPPPP is exempt from the obligation to obtain a Part 70 operating 

permit if the source is not required to obtain a Part 70 operating permit for a reason other than 

the source is subject to Subpart PPPPPP. Exempted sources must still meet the applicable 

requirements in Subpart PPPPPP.

Source: 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:114. National emission standards for wood preserving area sources. The 

national emission standards for wood preserving area sources are those in 40 C.F.R. § 63, 
159

Subpart QQQQQQ (July 1, 2009 July 1, 2012). A source that operates a unit subject to Subpart 

QQQQQQ is exempt from the obligation to obtain a Part 70 operating permit if the source is not 

required to obtain a Part 70 operating permit for a reason other than the source is subject to 

Subpart QQQQQQ. Exempted sources must still meet the applicable requirements in Subpart 

QQQQQQ.

Source: 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:115. National emission standards for clay ceramic manufacturing area 

sources. The national emission standards for clay ceramic manufacturing area sources are those 

in 40 C.F.R. § 63, Subpart RRRRRR (July 1, 2009 July 1, 2012). A source that operates a unit 

subject to Subpart RRRRRR is exempt from the obligation to obtain a Part 70 operating permit if 

the source is not required to obtain a Part 70 operating permit for a reason other than the source 

is subject to Subpart RRRRRR. Exempted sources must still meet the applicable requirements in 

Subpart RRRRRR.

Source: 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.
160

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 July 1, 2012).

Source: 36 SDR 207, effective June 28, 2010.

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 July 1, 

2012). A source that operates a unit subject to Subpart TTTTTT is exempt from the obligation to 

obtain a Part 70 operating permit if the source is not required to obtain a Part 70 operating permit 

for a reason other than the source is subject to Subpart TTTTTT. Exempted sources must still 

meet the applicable requirements in Subpart TTTTTT.

Source: 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:118. National emission standards for plating and polishing area sources.

The national emission standards for plating and polishing area sources are those in 40 C.F.R. 

§ 63, Subpart WWWWWW (July 1, 2009 July 1, 2012). A source that operates a unit subject to 
161

Subpart WWWWWW is exempt from the obligation to obtain a Part 70 operating permit if the 

source is not required to obtain a Part 70 operating permit for a reason other than the source is 

subject to Subpart WWWWWW. Exempted sources must still meet the applicable requirements 

in Subpart WWWWWW.

Source: 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:119. National emission standards for nine metal fabrication and finishing 

area sources. The national emission standards for nine fabrication and finishing area sources are 

those in 40 C.F.R. § 63, Subpart XXXXXX (July 1, 2009 July 1, 2012). A source that operates a 

unit subject to Subpart XXXXXX is exempt from the obligation to obtain a Part 70 operating 

permit if the source is not required to obtain a Part 70 operating permit for a reason other than 

the source is subject to Subpart XXXXXX. Exempted sources must still meet the applicable 

requirements in Subpart XXXXXX.

Source: 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:120. National emission standards for ferroalloys production area sources.

The national emission standards for ferroalloys production area sources are those in 40 C.F.R. 
162

§ 63, Subpart YYYYYY (July 1, 2009 July 1, 2012). A source that operates a unit subject to 

Subpart YYYYYY is exempt from the obligation to obtain a Part 70 operating permit if the 

source is not required to obtain a Part 70 operating permit for a reason other than the source is 

subject to Subpart YYYYYY. Exempted sources must still meet the applicable requirements in 

Subpart YYYYYY.

Source: 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:121. National emission standards for aluminum, copper, and other 

nonferrous foundry area sources. The national emission standards for aluminum, copper, and 

other nonferrous foundry area sources are those in 40 C.F.R. § 63, Subpart ZZZZZZ (July 1, 

2009 July 1, 2012). A source that operates a unit subject to Subpart ZZZZZZ is exempt from the 

obligation to obtain a Part 70 operating permit if the source is not required to obtain a Part 70 

operating permit for a reason other than the source is subject to Subpart ZZZZZZ. Exempted 

sources must still meet the applicable requirements in Subpart ZZZZZZ.

Source: 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.
163

74:36:08:122. National emission standards for coal- and oil-fired electric utility 

steam generating units. The national emission standards for coal- and oil-fired electric 

utility steam generating units are those in 40 C.F.R. § 63, Subpart UUUUU (July 1, 2012).

Source: 

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:123. National emission standards for industrial, commercial, and 

institutional boilers area sources. The national emission standards for industrial, 

commercial, and institutional boilers area sources are those in 40 C.F.R. § 63, Subpart 

JJJJJJ (July 1, 2012). A source that operates a unit subject to Subpart JJJJJJ is exempt 

from the obligation to obtain a Part 70 operating permit if the source is not required to 

obtain a Part 70 operating permit for a reason other than the source is subject to Subpart 

JJJJJJ. Exempted sources must still meet the applicable requirements in Subpart JJJJJJ.

Source: 

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:124. National emission standards for chemical manufacturing area sources. 

The national emission standards for chemical manufacturing area sources are those in 40 

C.F.R. § 63, Subpart VVVVVV (July 1, 2012). A source that operates a unit subject to 
164

Subpart VVVVVV is exempt from the obligation to obtain a Part 70 operating permit if the 

source is not required to obtain a Part 70 operating permit for a reason other than the 

source is subject to Subpart VVVVVV. Exempted sources must still meet the applicable 

requirements in Subpart VVVVVV.

Source: 

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:125. National emission standards for asphalt processing and asphalt roofing 

manufacturing area sources. The national emission standards for asphalt processing and 

asphalt roofing manufacturing area sources are those in 40 C.F.R. § 63, Subpart 

AAAAAAA (July 1, 2012). A source that operates a unit subject to Subpart AAAAAAA is 

exempt from the obligation to obtain a Part 70 operating permit if the source is not 

required to obtain a Part 70 operating permit for a reason other than the source is subject 

to Subpart AAAAAAA. Exempted sources must still meet the applicable requirements in 

Subpart AAAAAAA.

Source: 

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.
165

74:36:08:126. National emission standards for chemical preparations industry area 

sources. The national emission standards for chemical preparations industry area sources 

are those in 40 C.F.R. § 63, Subpart BBBBBBB (July 1, 2012). A source that operates a unit 

subject to Subpart BBBBBBB is exempt from the obligation to obtain a Part 70 operating 

permit if the source is not required to obtain a Part 70 operating permit for a reason other 

than the source is subject to Subpart BBBBBBB. Exempted sources must still meet the 

applicable requirements in Subpart BBBBBBB.

Source: 

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:127. National emission standards for paints and allied products 

manufacturing area sources. The national emission standards for paints and allied 

products manufacturing area sources are those in 40 C.F.R. § 63, Subpart CCCCCCC 

(July 1, 2012). A source that operates a unit subject to Subpart CCCCCCC is exempt from 

the obligation to obtain a Part 70 operating permit if the source is not required to obtain a 

Part 70 operating permit for a reason other than the source is subject to Subpart 

CCCCCCC. Exempted sources must still meet the applicable requirements in Subpart 

CCCCCCC.

Source: 

General Authority: SDCL 34A-1-6.
166

Law Implemented: SDCL 34A-1-18.

74:36:08:128. National emission standards for prepared feeds manufacturing area 

sources. The national emission standards for prepared feeds manufacturing area sources 

are those in 40 C.F.R. § 63, Subpart DDDDDDD (July 1, 2012). A source that operates a 

unit subject to Subpart DDDDDDD is exempt from the obligation to obtain a Part 70 

operating permit if the source is not required to obtain a Part 70 operating permit for a 

reason other than the source is subject to Subpart DDDDDDD. Exempted sources must still 

meet the applicable requirements in Subpart DDDDDDD.

Source: 

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:129. National emission standards for gold mine ore processing and 

production area sources. The national emission standards for gold mine ore processing and 

production area sources are those in 40 C.F.R. § 63, Subpart EEEEEEE (July 1, 2012). 

Source: 

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.
167

74:36:08:130. National emission standards for polyvinyl chloride and copolymers 

production. The national emission standards for polyvinyl chloride and copolymers 

production are those in 40 C.F.R. § 63, Subpart HHHHHHH (July 1, 2012). 

Source: 

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

CHAPTER 74:36:09

PREVENTION OF SIGNIFICANT DETERIORATION

Section

74:36:09:01 Applicability.

74:36:09:01.01 Prevention of significant deterioration permit required.

74:36:09:02 Prevention of significant deterioration.

74:36:09:03 Public participation.

74:36:09:02. Prevention of significant deterioration. For the purposes of this chapter, 

the state's definitions and requirements for the prevention of significant deterioration are those in 

40 C.F.R. § 52.21 (July 1, 2009 July 1, 2012), as revised by EPA in publication 75 Fed. Reg. 
168

31606 and 31607 (June 3, 2010), except for 40 C.F.R. § 52.21(a)(1), (a)(2)(iv)(e), (a)(2)(vi), 

(b)(2)(iii)(h), (b)(3)(iii)(b), (b)(3)(vi)(d), (b)(32), (b)(42), (b)(55), (b)(56), (b)(57), (b)(58), (f), 

(k)(2), (q), (s), (t), (u), (x), (y), (z), and (cc) (July 1, 2009 July 1, 2012) with the following 

differences:

(1) For the purposes of this section, all terms defined in this section have the meaning 

defined in 40 C.F.R. § 52.21, except for the term "administrator" which means the secretary with 

the following exceptions:

(a) In 40 C.F.R. §§ 52.21(b)(3)(iii) and 52.21(b)(37)(iii), the term "administrator" 

means either the secretary or the administrator of EPA, as applicable;

(b) In 40 C.F.R. §§ 52.21(w)(2) to 52.21(w)(4), inclusive, the term "administrator" 

means either the secretary or the administrator of EPA, as applicable;

(c) In 40 C.F.R. §§ 52.21(b)(17); 52.21(b)(37)(i); 52.21(b)(43); 52.21(b)(48)(ii)(c); 

52.21(b)(50)(i); 52.21(g)(1) to 52.21(g)(6), inclusive; 52.21(l)(2); and 52.21(p)(2) the term 

"administrator" means the administrator of EPA;

(2) For the purposes of this section, the term "Act" means the Clean Air Act;

(3) For the purposes of this section, in 40 C.F.R. § 52.21(c), the Class I areas in South 

Dakota are Wind Cave National Park and the Badlands National Park;
169

(4) For the purposes of this section, 40 C.F.R § 52.21(a)(2)(iv)(f) is incorporated by 

reference excluding the last sentence which states, "For example, if a project involves both an 

existing emissions unit and a Clean Unit, the projected increase is determined by summing the 

values determined using the method specified in paragraph (a)(2)(iv)(c) of this section for the 

existing unit and using the method specified in paragraph (a)(2)(iv)(e) of this section for the 

Clean Unit";

(5) (4) For the purposes of this section, 40 C.F.R. § 52.21(b)(2)(iii)(a) is incorporated by 

reference excluding the second sentence which states, "Routine maintenance, repair and 

replacement shall include, but not be limited to, any activity(s) that meets the requirements of the 

equipment replacement provisions contained in paragraph (cc) of this section";

(6) For the purposes of this section, 40 C.F.R. § 52.21(r)(6) is incorporated by reference 

excluding the phrase, "(other than projects at a Clean Unit or at a source with a PAL)";

(7) (5) For the purposes of this section, 40 C.F.R. § 52.21(v)(1) is incorporated by 

reference excluding the phrase, "under 40 CFR 124.10"; and

(8) (6) For the purposes of this section, 40 C.F.R. § 52.21(w)(1) is incorporated by 

reference excluding the phrase, "expires under paragraph (s) of this section or".
170

The secretary shall transmit to the administrator of the EPA a copy of each permit 

application subject to this section and shall notify the administrator of the EPA of each 

significant action the secretary takes on the application.

If EPA stays or withdraws the regulation of greenhouse gases as identified in publication 

75 Fed. Reg. 31606 and 31607 (June 3, 2010) 40 C.F.R. § 52.21(w)(1) (July 1, 2012), or a court 

issues an order vacating or otherwise invalidating EPA's regulation of greenhouse gases for any 

reason, the regulation of greenhouse gases by Article 74:36 are void as of the date of such 

administrative or judicial action and shall have no further force and effect.

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 30 

SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 33 SDR 43, 

effective September 18, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 

28, 2010; 37 SDR 182, effective April 20, 2011.

General Authority: SDCL 34A-1-6, 34A-1-18.

Law Implemented: SDCL 34A-1-18.

74:36:09:03. Public participation. For the purposes of this chapter, the state's public 

participation procedures are those in 40 C.F.R. § 51.166(q) (July 1, 2009 July 1, 2012), 

excluding the phrase "The plan shall provide that..." with the following differences:

(1) For the purposes of this section, in 40 C.F.R. § 52.166(q) the phrase "reviewing 

authority" means the secretary;
171

(2) For the purposes of this section, in 40 C.F.R. § 51.166(q)(1) the phrase "specified time 

period" means 60 days;

(3) For the purposes of this section, in 40 C.F.R. § 51.166(q)(2)(iv), the term 

"administrator" means the administrator of EPA;

(4) For the purposes of this section, in 40 C.F.R. § 51.166(q)(2)(iii), the phrase "Notify the 

public" shall consist of a public notice once in a legal newspaper in the county where the 

proposed source would be constructed. The public notice shall include a statement that a person 

may submit comments or contest the draft permit within 30 days after the publication of the 

notice. The statement shall also describe the procedures a person must follow to contest the draft 

permit and request a hearing in accordance with article 74:09;

(5) For the purposes of this section, in 40 C.F.R. § 51.166(q)(2)(v), a public hearing is 

required if a person contests the draft permit or contests the secretary's final determination and 

requests a hearing in accordance with article 74:09; and

(6) For the purposes of this section, in 40 C.F.R. § 51.166(q)(2)(viii), if a request for a 

contested case hearing is not submitted during the public notice period, the secretary shall make 

a final determination within 30 days of the end of the public comment period on the draft permit. 

The secretary shall notify, in writing, the applicant and each person that submitted written 

comments or requested notice of the final determination. The notice shall include reference to the 
172

procedures for contesting the final determination and requesting a hearing in accordance with 

article 74:09 within 30 days of receiving the secretary's final determination. If no person 

comments on a draft permit, requests changes, or contests the draft permit during the public 

notice period, the draft permit automatically becomes the secretary's final determination and is 

issued at the end of the public notice period.

Source: 33 SDR 43, effective September 18, 2006; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6, 34A-1-18.

Law Implemented: SDCL 34A-1-18.

CHAPTER 74:36:10

NEW SOURCE REVIEW

Section

74:36:10:01 Applicability.

74:36:10:02 Definitions.

74:36:10:03 Repealed.

74:36:10:03.01 New source review preconstruction permit required.

74:36:10:04 Repealed.

74:36:10:05 New source review preconstruction permit.
173

74:36:10:06 Causing or contributing to a violation of any national ambient air quality 

standard.

74:36:10:07 Determining credit for emission offsets.

74:36:10:08 Projected actual emissions.

74:36:10:09 Clean unit test for emission units subject to lowest achievable emission rate.

Repealed.

74:36:10:10 Clean unit test for emission units comparable to lowest achievable emission rate.

Repealed.

74:36:10:02. Definitions. For the purposes of this chapter, the definitions for new source 

review are those in 40 C.F.R. § 51.165(a)(1) (July 1, 2009 July 1, 2012).

For the purposes of this chapter, the term, Act, means the Clean Air Act.

For the purposes of this section, the term, reviewing authority, means the secretary.

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 30 

SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 36 SDR 207, 

effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6.
174

74:36:10:03.01. New source review preconstruction permit required. New major 

stationary sources or major modifications to existing major sources must obtain a preconstruction 

permit before beginning actual construction if they are located in the following areas:

(1) An attainment or unclassified area if the source would cause or contribute to a 

violation of any national ambient air quality standard; or

(2) An area designated nonattainment for any national ambient air quality standard if the 

source is major for the pollutant for which the area is designated nonattainment.

Except as provided by a plant-wide applicability limit and a pollution control project 

exclusion, a proposed project is considered a major modification to an existing major source if

the proposed project meets the criteria in 40 C.F.R. § 51.165(a)(2)(ii)(A) to (F), inclusive, (July 

1, 2009 July 1, 2012).

Source: 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 

36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6, 34A-1-21.

Law Implemented: SDCL 34A-1-6, 34A-1-21.

Note: The procedural requirements for obtaining a preconstruction permit under the new 

source review program are similar to the procedural requirements for a Part 70 source, such as a 
175

timely and complete application, completeness review, statement of basis, public participation, 

and departmental recommendation, as outlined in §§ 74:36:05:08 to 74:36:05:20.01, inclusive.

74:36:10:05. New source review preconstruction permit. A new source review 

preconstruction permit must satisfy the following criteria before beginning actual construction:

(1) All requirements for new source performance standards in chapter 74:36:07 that apply 

to the facility;

(2) Compliance with the lowest achievable emission rate (LAER);

(3) Certification of compliance that all other major sources, major modifications, or 

reconstructed facilities that are owned, operated, or controlled by the applicant either in whole or 

in part elsewhere in the state are in compliance with all applicable emission limitations and 

standards; and

(4) The total tonnage of increased emissions, in tons per year, resulting from a major 

modification that must be offset shall be determined by summing the difference between the 

allowable emissions after the modification and the actual emissions before the modification for 

each emissions unit. Emissions offsets are determined in accordance with § 74:36:10:07.
176

The owner or operator may use a clean unit test as described in § 74:36:10:09 or 

74:36:10:10 to determine whether emission increases at a clean unit are part of a project that is a 

major modification.

The owner or operator may apply for a pollution control project exclusion. The procedures 

for a pollution control project exclusion are those in 40 C.F.R. § 51.165(e)(1) to (e)(6), inclusive, 

(July 1, 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)(1) to (f)(15), inclusive, (July 1, 

2009 July 1, 2012).

Approval to construct does not relieve an owner or operator of the responsibility to comply 

fully with applicable provisions of this article or the Clean Air Act and any other requirements 

under local, state, or federal law.

Submission of preconstruction monitored or projected ambient air quality data, or both, 

from the proposed source must accompany the permit application. In addition, air quality 

dispersion modeling and meteorological data for the prescribed area may be required by the 

department. Costs of these requirements must be absorbed by the proposed source.

Source: 7 SDR 4, effective July 27, 1980; transferred from § 44:10:01:16, effective July 1, 

1981; 8 SDR 71, effective December 21, 1981; 10 SDR 68, effective January 5, 1984; 13 SDR 
177

129, 13 SDR 141, effective July 1, 1987; 16 SDR 88, effective November 14, 1989; 17 SDR 

170, effective May 13, 1991; transferred from § 74:26:01:16, 19 SDR 157, effective April 22, 

1993; 21 SDR 119, effective January 5, 1995; 30 SDR 26, effective September 1, 2003; 31 SDR 

101, effective January 2, 2005; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-22.

74:36:10:06. Causing or contributing to a violation of any national ambient air 

quality standard. This section applies to any major stationary source or major modification to 

an existing major source that is located in an attainment or unclassifiable area that may cause or 

contribute to violation of a national ambient air quality standard. A major stationary source or 

major modification to an existing major source is considered to cause or contribute to a violation 

of a national ambient air quality standard if the source or modification would, at a minimum, 

exceed the following significance levels at any locality that does not or would not meet the 

applicable national standard:

POLLUTANT AND SIGNIFICANT LEVELS

Averaging time (hours)

Annual 24 8 3 1

(1) SO2: 1.0 ug/m3 5 ug/m3 - 25 ug/m3 -

(2) PM10: 1.0 ug/m3 5 ug/m3 - - -
178

(3) PM2.5 0.3 ug/m3 1.2 ug/m3 - - -

(3) (4) NO2: 1.0 ug/m3 - - - -

(4) (5) CO - - 0.5 mg/m3 - 2 mg/m3

The owner or operator of a new major stationary source or major modification to an 

existing major source may reduce the impact of its emissions on air quality by obtaining 

emission offsets to compensate for its adverse ambient impact where the new major source or 

major modification to an existing major source would otherwise cause or contribute to a 

violation of the national ambient air quality standard. The procedures for determining credit for 

emission offsets are those in § 74:36:10:07.

Source: 17 SDR 170, effective May 13, 1991; transferred from § 74:26:01:16:02, 19 SDR 

157, effective April 22, 1993; 30 SDR 26, effective September 1, 2003.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6.

74:36:10:07. Determining credit for emission offsets. The baseline for determining 

credit for emission offsets is the emission limit in effect at the time the application to construct is 

filed, except that the offset baseline is the actual emission of the unit from which offset credit is 

obtained if the demonstration of reasonable further progress and attainment of ambient air 

quality standards is based upon the actual emission of sources located within a designated 

nonattainment area; or if there is no applicable emission limit.
179

In determining credit for emission offsets the following criteria shall be met:

(1) All offsets must be for the same regulated NSR pollutant, result in a net positive air 

quality benefit in the affected area, and be approved by the department before issuance of the 

permit, even though they need not be in effect until the source commences operation. The offset 

ratio of total actual emissions reductions to the emissions increase shall at least 1 to 1 unless 

an alternative ratio is provided in accordance with offsets shall be 40 C.F.R. 

§ 51.165(a)(9)(ii) through 51.165(a)(9)(iv) (July 1, 2012);

(2) External offsets or those emission limitations from sources not owned, operated, or 

controlled by an applicant for a permit shall be made through a revision of the permit conditions 

of the participating source or sources. At no time may the baseline be exceeded;

(3) The permissible location of offsetting emissions shall be conducted in accordance with 

40 C.F.R., Part 51, Appendix S, section IV.D (July 1, 2009 July 1, 2012);

(4) For an existing fuel combustion unit, credit shall be based on the emission limit for the 

type of fuel being burned at the time the application to construct is filed. If the existing source 

agrees to switch to a cleaner fuel at some future date, emission offset credits based on the 

allowable or actual emissions for the fuels involved may be allowed only if permit conditions 

specify an alternative control measure that would achieve the same degree of emission reduction 

if the source switched back to the dirtier fuel at some later date;
180

(5) Emission reductions achieved by shutting down an existing unit or curtailing 

production or operating hours below baseline levels may be credited if the reductions are 

permanent, quantifiable, federally enforceable, and the area has a federally-approved attainment 

plan. In addition, the shutdown or curtailed production must occur after August 7, 1977, or less 

than one year before the date of submitting the permit application, whichever is earlier. Emission 

reductions may be credited in the absence of a federally-approved attainment plan if the 

shutdown or curtailment occurred on or after the date the application is filed for a new unit or if 

the applicant can establish that the proposed new unit is a replacement for the shutdown or 

curtailed unit, and the shutdown or curtailment occurred after August 7, 1977, or less than one 

year before the date of submitting the permit application, whichever is earlier;

(6) Except as set forth in 40 C.F.R. § 51.165(a)(3)(ii)(D) (July 1, 2009 July 1, 2012), 

emission offset credit may not be allowed for replacing one hydrocarbon compound with another 

of lesser reactivity;

(7) Credit for emissions reduction may be claimed to the extent that the department has 

not relied on it in issuing a permit or in its demonstration of attainment or reasonable further 

progress;

(8) If the emissions limit allows greater emissions than the potential to emit of the unit, the 

emission offset credit is allowed only for the control below the potential to emit of the unit;
181

(9) Decreases in actual emissions resulting from the installation of add-on control 

technology or application of pollution prevention measures that were relied upon in designating 

an emissions unit as a clean unit or a project as a pollution control project may not be used as 

offset;

(10) Decreases in actual emissions occurring at a clean unit may not be used as offsets, 

except as provided in 40 C.F.R. § 51.165(c)(8) and (d)(10) (July 1, 2009). Similarly, decreases in 

actual emissions occurring at a pollution control project may not be used as offsets, except as 

provided in 40 C.F.R. § 51.165(e)(6)(iv) (July 1, 2009); and

(11) (9) All emission reductions claimed as offset credit must be federally enforceable.

Source: 7 SDR 4, effective July 27, 1980; transferred from §§ 44:10:01:15 and 

44:10:01:17, effective July 1, 1981; 8 SDR 71, effective December 21, 1981; 12 SDR 183, 

effective May 21, 1986; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 17 SDR 170, effective 

May 13, 1991; transferred from §§ 74:26:01:15, 74:26:01:16.01, and 74:26:01:17, 19 SDR 157, 

effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 30 SDR 26, effective 

September 1, 2003; 31 SDR 101, effective January 2, 2005; 36 SDR 207, effective June 28, 

2010.

General Authority: SDCL 34A-1-6, 34A-1-21.

Law Implemented: SDCL 34A-1-21, 34A-1-22.
182

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) (vi), inclusive, 

(July 1, 2009 July 1, 2012). This section does not apply to projects at a clean unit or at a source 

with a plant-wide applicability limit.

The owner or operator shall make the information required to be documented in 40 C.F.R. 

§ 51.165(a)(6)(i) to (v) (vi), inclusive, (July 1, 2009 July 1, 2012) available for review upon a 

request for inspection by the secretary or the general public pursuant to the requirements 

contained in 40 C.F.R. § 70.4(b)(3)(viii) (July 1, 2009 July 1, 2012).

Source: 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 

36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6.

74:36:10:09. Clean unit test for emission units subject to lowest achievable emission 

rate. A clean unit test may be used to determine whether an emission increase at a clean unit is 

part of a project that is a major modification according to the provisions in 40 C.F.R. 

§ 51.165(c)(1) to (c)(9), inclusive, (July 1, 2009). Repealed.
183

Source: 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 

36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6.

74:36:10:10. Clean unit test for emission units comparable to lowest achievable 

emission rate. A clean unit test may be used to determine whether an emission increase at a 

clean unit is part of a project that is a major modification for a clean unit that does not qualify as 

a clean unit under § 74:36:10:09, but is achieving a level of emission control comparable to 

lowest achievable emission rate as determined by the secretary in accordance with the provisions 

in 40 C.F.R. § 51.165(d)(2) to (d)(11), inclusive, (July 1, 2009). Repealed.

Source: 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 

36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6.

CHAPTER 74:36:11

PERFORMANCE TESTING

Section
184

74:36:11:01 Stack performance testing or other testing methods.

74:36:11:02 Secretary may require performance tests.

74:36:11:03 Notice to department of performance test.

74:36:11:04 Testing new fuels or raw materials.

74:36:11:01. Stack performance testing or other testing methods. All stack 

performance tests or other test methods must be made in accordance with the applicable method 

specified in 40 C.F.R. § 60.17; Part 60, Appendix A; § 63.14; Part 63, Appendix A; and Part 51, 

Appendix M (all July 1, 2009 July 1, 2012).

Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from 

§ 34:10:05:01, 7 SDR 4, effective July 27, 1980; transferred from § 44:10:05:01, effective July 1, 

1981; 10 SDR 68, effective January 5, 1984; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 

14 SDR 72, effective November 24, 1987; 16 SDR 88, effective November 14, 1989; 17 SDR 

170, effective May 13, 1991; transferred from §§ 74:26:05:01, 19 SDR 157, effective April 22, 

1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 1996; 26 

SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, 

effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 36 SDR 207, effective June 28, 

2010.

General Authority: SDCL 34A-1-6, 34A-1-12.

Law Implemented: SDCL 34A-1-12.
185

CHAPTER 74:36:12

CONTROL OF VISIBLE EMISSIONS

Section

74:36:12:01 Restrictions on visible emissions.

74:36:12:02 Exceptions to restrictions.

74:36:12:03 Exceptions granted to alfalfa palletizes or dehydrators.

74:36:12:01. Restrictions on visible emissions. The owner or operator of a source may 

not discharge into the ambient air from a single unit of emissions an air pollutant of a density 

equal to or greater than that designated as 20 percent opacity, as established by the 

Environmental Protection Agency's Method 9 in 40 C.F.R. Part 60, Appendix A (July 1, 2009 

July 1, 2012).

Source: SL 1975, ch 16, § 1; transferred from § 34:10:03:01, 7 SDR 4, effective July 27, 

1980; transferred from § 44:10:03:01, effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective 

July 1, 1987; 17 SDR 170, effective May 13, 1991; transferred from § 74:26:03:01, 19 SDR 157, 

effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April 4, 

1999; 26 SDR 168, effective June 27, 2000; 31 SDR 101, effective January 2, 2005; 32 SDR 

209, effective June 13, 2006; 36 SDR 207, effective June 28, 2010.
186

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6.

74:36:12:02. Exceptions to restrictions. The provisions of § 74:36:12:01 do not apply in the 

following circumstances:

 (1) If the presence of uncombined water is the only reason for failure to meet the 

requirements of § 74:36:12:01;

 (2) If smoke is emitted for the purpose of training or research and is approved by the 

department; and

 (3) For brief periods during such operations as soot blowing, start-up, shut-down, and 

malfunctions.

 Source: SL 1975, ch 16, § 1; transferred from § 34:10:03:03, 7 SDR 4, effective July 27, 

1980; transferred from § 44:10:03:03, effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective 

July 1, 1987; transferred from § 74:26:03:03, 19 SDR 157, effective April 22, 1993.

 General Authority: SDCL 34A-1-6.

 Law Implemented: SDCL 34A-1-6.

74:36:12:03. Exceptions granted to alfalfa palletizes or dehydrators. The owner or 

operator of a facility that pelletizes or dehydrates alfalfa, or that does both, may discharge into 

the ambient air an air pollutant of a density no greater than 30 percent opacity, as established by 
187

the Environmental Protection Agency's Method 9 in 40 C.F.R. Part 60, Appendix A (July 1, 

2009 July 1, 2012).

Source: 8 SDR 133, effective April 18, 1982; 11 SDR 151, effective May 12, 1985; 13 

SDR 129, 13 SDR 141, effective July 1, 1987; 17 SDR 170, effective May 13, 1991; transferred 

from § 74:26:03:05, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 

1995; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 36 SDR 

207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6.

CHAPTER 74:36:13

CONTINUOUS EMISSION MONITORING SYSTEMS

Section

74:36:13:01 Secretary may require continuous emission monitoring systems (CEMS).

74:36:13:02 Minimum performance specifications for all continuous emission monitoring 

systems.

74:36:13:03 Reporting requirements.

74:36:13:04 Notice to department of exceedance.

74:36:13:05 Compliance determined by data from continuous emission monitor.
188

74:36:13:06 Compliance certification.

74:36:13:07 Credible evidence.

74:36:13:08 Compliance assurance monitoring.

74:36:13:02. Minimum performance specifications for all continuous emission 

monitoring systems. Minimum performance specifications for all continuous emission 

monitoring systems are those contained in 40 C.F.R. Part 60, Appendix B and 40 C.F.R. § 60.13 

(July 1, 2009 July 1, 2012 ).

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 26 

SDR 168, effective June 27, 2000; 31 SDR 101, effective January 2, 2005; 32 SDR 209, 

effective June 13, 2006; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6, 34A-1-12.

Law Implemented: SDCL 34A-1-12.

74:36:13:03. Reporting requirements. Owners or operators of those sources required to 

install continuous emission monitoring systems shall observe the reporting requirements 

contained in 40 C.F.R. § 60.7 (July 1, 2009 July 1, 2012). All records must be made available to 

the department on request.
189

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 26 

SDR 168, effective June 27, 2000; 31 SDR 101, effective January 2, 2005; 32 SDR 209, 

effective June 13, 2006; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6, 34A-1-12.

Law Implemented: SDCL 34A-1-12.

74:36:13:04. Notice to department of exceedance. Any emissions that exceed the 

standards listed in 40 C.F.R. Part 60 (July 1, 2009 July 1, 2012) or this article that are detected 

through continuous emission monitoring systems (CEMS) must be reported to the department 

within the time constraints as determined by the secretary in the permit to operate.

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 26 

SDR 168, effective June 27, 2000; 31 SDR 101, effective January 2, 2005; 32 SDR 209, 

effective June 13, 2006; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6, 34A-1-12.

Law Implemented: SDCL 34A-1-12.

74:36:13:06. Compliance certification. Notwithstanding any other provision in any plan 

approved by the administrator, for the purpose of submission of compliance certifications an 

owner or operator may use monitoring as required under 40 C.F.R. § 70.6(a)(3) (July 1, 2009

July 1, 2012) and incorporated into a federally enforceable operating permit in addition to any 

specified compliance methods.
190

Source: 21 SDR 119, effective January 5, 1995; 31 SDR 101, effective January 2, 2005; 

32 SDR 209, effective June 13, 2006; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6, 34A-1-12.

Law Implemented: SDCL 34A-1-12.

74:36:13:07. Credible evidence. Notwithstanding any other provision, any credible 

evidence may be used for the purpose of establishing whether a person has violated or is in 

violation of a plan. Credible evidence is as follows:

(1) Information from the use of the following methods is presumptively credible evidence 

of whether a violation has occurred at the source:

(a) A monitoring method approved for the source pursuant to 40 C.F.R. § 70.6(a)(3) 

(July 1, 2009 July 1, 2012) and incorporated in a federally enforceable operating permit;

(b) Compliance methods specified in the applicable plan; and

(2) The following testing, monitoring, or information gathering methods are 

presumptively credible testing, monitoring, or information-gathering methods;

(a) Any federally enforceable monitoring or testing methods, including those in 40 

C.F.R. Parts 51, 60, 61, and 75 (July 1, 2009 July 1, 2012);
191

(b) Other testing, monitoring, or information-gathering methods that produce 

information comparable to that produced by any method in subdivision (1) or (2)(a) of this 

section.

Source: 21 SDR 119, effective January 5, 1995; 26 SDR 168, effective June 27, 2000; 31 

SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 36 SDR 207, 

effective June 28, 2010.

General Authority: SDCL 34A-1-6, 34A-1-12.

Law Implemented: SDCL 34A-1-12.

74:36:13:08. Compliance assurance monitoring. The owner or operator of a unit that is 

subject to 40 C.F.R. § 64.2 (July 1, 2009 July 1, 2012), must comply with 40 C.F.R. §§ 64.1 and 

64.3 to 64.10, inclusive, (July 1, 2009 July 1, 2012).

Source: 25 SDR 123, effective April 4, 1999; 26 SDR 168, effective June 27, 2000; 31 

SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 36 SDR 207, 

effective June 28, 2010.

General Authority: SDCL 34A-1-6, 34A-1-12.

Law Implemented: SDCL 34A-1-12.

CHAPTER 74:36:16

ACID RAIN PROGRAM
192

Section

74:36:16:01 General provisions.

74:36:16:02 Allowance system.

74:36:16:03 Reserved.

74:36:16:04 Continuous emission monitoring.

74:36:16:05 Nitrogen oxides emission reduction.

74:36:16:01. General provisions. The following provisions are incorporated by 

reference: 40 C.F.R. §§ 72.2 to 72.85, inclusive, (July 1, 2009 July 1, 2012) except for the 

following definitions in § 72.2: Environmental Appeals Board, EPA trial staff, ex parte 

communication, hearing clerk, presiding officer, and state operating permit program and except 

for §§ 72.4, 72.5, 72.6(c), 72.10, 72.12, 72.13, 72.20, 72.23 to 72.25, inclusive, 72.60 to 72.71, 

inclusive, 72.73, and 72.74. For the purposes of this chapter, "administrator" means the secretary, 

except for those authorities which cannot be delegated to the state, in which case "administrator" 

means the administrator of the Environmental Protection Agency.

Source: 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April 4, 1999; 26 

SDR 168, effective June 27, 2000; 31 SDR 101, effective January 2, 2005; 32 SDR 209, 

effective June 13, 2006; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6, 34A-1-18.
193

Law Implemented: SDCL 34A-1-18.

74:36:16:02. Allowance system. The allowance system for the acid rain program is that 

in 40 C.F.R. §§ 73.1 to 73.53, inclusive, (July 1, 2009 July 1, 2012).

Source: 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April 4, 1999; 26 

SDR 168, effective June 27, 2000; 31 SDR 101, effective January 2, 2005; 32 SDR 209, 

effective June 13, 2006; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6, 34A-1-18.

Law Implemented: SDCL 34A-1-18.

74:36:16:04. Continuous emission monitoring. The continuous emission monitoring 

requirements for the acid rain program are those in 40 C.F.R. §§ 75.1 to 75.67, inclusive, (July 1, 

2009 July 1, 2012) and Appendixes A to H, inclusive, to 40 C.F.R. Part 75 (July 1, 2009 July 1, 

2012).

Source: 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April 4, 1999; 26 

SDR 168, effective June 24, 2000; 31 SDR 101, effective January 2, 2005; 32 SDR 209, 

effective June 13, 2006; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6, 34A-1-18.

Law Implemented: SDCL 34A-1-18.
194

74:36:16:05. Nitrogen oxides emission reduction. The nitrogen oxides emission 

reduction requirements for the acid rain program are those in 40 C.F.R. §§ 76.1 to 76.16, 

inclusive, (July 1, 2009 July 1, 2012).

Source: 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April 4, 1999; 26 

SDR 168, effective June 27, 2000; 31 SDR 101, effective January 2, 2005; 32 SDR 209, 

effective June 13, 2006; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6, 34A-1-18.

Law Implemented: SDCL 34A-1-18.

CHAPTER 74:36:18

REGULATIONS FOR STATE FACILITIES IN THE RAPID CITY AREA

Section

74:36:18:01 Definitions.

74:36:18:02 Applicability.

74:36:18:03 Permit required.

74:36:18:04 Time period for permits and renewals.

74:36:18:05 Required contents of a complete application for a permit.

74:36:18:06 Contents of permit.

74:36:18:07 Permit expiration.
195

74:36:18:08 Renewal of permit.

74:36:18:09 Reasonably available control technology required.

74:36:18:10 Visible emissions limit for construction and continuous operation activities.

74:36:18:11 Exception to visible emission limit.

74:36:18:12 Notice of operating noncompliance -- Contents.

74:36:18:04. Time period for permits and renewals. A construction activity or 

continuous operation activity permit is issued for a period up to five years and all subsequent 

permits are for periods of five years.

Source: 28 SDR 178, effective July 1, 2002.

General Authority: SDCL 34A-1-6, 34A-1-21, 34A-1-24.

Law Implemented: SDCL 34A-1-21, 34A-1-24.

74:36:18:05. Required contents of a complete application for a permit. An application 

for a construction activity and continuous operation activity permit shall contain the following 

information to be considered complete:

(1) General company information, including the company name and address, the owner's 

name and agent, and the plant site manager or contact;

(2) Legal description and location of the construction or continuous operation activity, 

including a site map; 
196

(3) Description of the proposed construction or continuous operation activity, including 

nature and description of equipment used;

(4) Description of the reasonably available control technology used to control the fugitive 

emissions; and

(5) For construction activities, the proposed date for commencement and termination of 

the construction activity.

Source: 28 SDR 178, effective July 1, 2002.

General Authority: SDCL 34A-1-6, 34A-1-21, 34A-1-24.

Law Implemented: SDCL 34A-1-21, 34A-1-24.

74:36:18:06. Contents of permit. The construction activity and continuous operation 

activity permit shall include the following:

(1) The signature of either the secretary or the chairman;

(2) The name of the person, company, political subdivision, agency, or institution granted 

a permit;

(3) The type of operation;

(4) The mailing address;

(5) The date the permit was granted and on which it will expire;

(6) A permit number;

(7) The name of a designated person or officer responsible for the permitted activity;
197

(8) A statement granting a permit by the board or secretary and any conditions that the 

board or secretary may impose to ensure compliance with the Act;

(9) Emission limits and standards necessary to assure compliance with applicable 

requirements of the Clean Air Act;

(10) Record keeping and reporting requirements;

(11) A severability clause to ensure the continued validity of the various permit 

requirements if any portion of the permit are challenged; and

(12) Provisions stating the following:

(a) The permittee must comply with all conditions of the permit. Any permit 

noncompliance constitutes a violation and is grounds for enforcement action, permit termination, 

revocation or modification, or for denial of a permit renewal application;

(b) The permit may be modified, revoked, or terminated for cause;

(c) The permit does not convey any property rights of any sort or any exclusive 

privilege; and

(d) The permittee shall provide any information requested in writing by the secretary to 

determine whether cause exists for modifying, revoking, or terminating the permit or to 

determine compliance.

Source: 28 SDR 178, effective July 1, 2002.
198

General Authority: SDCL 34A-1-6, 34A-1-21.

Law Implemented: SDCL 34A-1-21, 34A-1-30.

74:36:18:10. Visible emission limit for construction and continuous operation 

activities. The owner or operator of a state facility or state contractor may not discharge into the 

ambient air from a fugitive source an air pollutant of a density equal to or greater than that 

designated as 20 percent opacity for a series of two minute averages with a minimum of a total of 

six minutes of readings. The Environmental Protection Agency's Method 9 in 40 C.F.R. Part 60, 

Appendix A (July 1, 2009 July 1, 2012) shall be used to determine the opacity.

Source: 28 SDR 178, effective July 1, 2002; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-47, 34A-1-49.

74:36:18:11. Exception to visible emission limit. The provisions of § 74:36:18:10 do not 

apply if all three of the following meteorological conditions exist:

(1) Five consecutive days of 0.02 inches or less of precipitation each day excluding dry 

snow;

(2) Forecasted peak wind gusts greater than 40 miles per hour; and

(3) Forecasted average hourly wind speed greater than 20 miles per hour.

Source: 28 SDR 178, effective July 1, 2002.
199

General Authority: SDCL 34A-1-6, 34A-1-19, 34A-1-24.

Law Implemented: SDCL 34A-1-12, 34A-1-19, 34A-1-24.

74:36:18:12. Notice of operating noncompliance -- Contents. If the secretary 

determines that the operation of a source is not in compliance with this article, the Clean Air Act, 

or permit conditions, the secretary may issue a notice of such a finding to the permit holder or 

operator of the source. The notice must contain citations to the rules, statutes, or permit 

conditions violated and the alleged facts upon which the determination is based.

Source: 28 SDR 178, effective July 1, 2002.

General Authority: SDCL 34A-1-6, 34A-1-21.

Law Implemented: SDCL 1-26-27, 34A-1-21, 34A-1-30.

CHAPTER 74:36:20

CONSTRUCTION PERMITS FOR NEW SOURCES OR MODIFICATIONS

Section

74:36:20:01 Applicability.

74:36:20:02 Construction permit required.

74:36:20:02.01 Initiating construction prior to permit issuance.

74:36:20:03 Construction permit exemption.
200

74:36:20:04 Emission unit exemptions.

74:36:20:05 Standard for issuance of construction permit.

74:36:20:06 Timely and complete application for a construction permit required.

74:36:20:07 Required contents of complete application for a construction permit.

74:36:20:08 Applicant required to supplement or correct application.

74:36:20:09 Permit application -- Completeness review.

74:36:20:10 Time period for department's recommendation.

74:36:20:11 Public participation in permitting process.

74:36:20:12 Public review of department's draft permit.

74:36:20:13 Final permit decision -- Notice to interested persons.

74:36:20:14 Right to petition for contested case hearing.

74:36:20:15 Contents of construction permit.

74:36:20:16 Administrative permit amendment.

74:36:20:17 Procedures for administrative permit amendments.

74:36:20:18 Reopening construction permit for cause.

74:36:20:19 Procedures to reopen construction permit.

74:36:20:20 Construction permit does not exempt from other requirements.

74:36:20:21 Expiration of a construction permit.

74:36:20:22 Notice of constructing or operating noncompliance -- Contents.

74:36:20:23 Petition for contested case or alleged violation.

74:36:20:24 Circumvention of emissions not allowed.
201

74:36:20:05. Standard for issuance of construction permit. A construction permit for a 

new source or modification to an existing source may be issued only if it has been shown that the 

operation of the new source or modification to an existing source will not prevent or interfere 

with the attainment or maintenance of an applicable national ambient air quality standard. 

Compliance with this requirement as determined by air pollution dispersion modeling shall be 

based on modeling performed in accordance with 40 C.F.R. Part 51, Appendix W (July 1, 

2012) and is not affected by stack height that exceeds good engineering practice or by any other

dispersion technique as defined in 40 C.F.R. § 51.100 (July 1, 2009 July 1, 2012). Each new 

source or modification to an existing source must comply with emission limits and other 

requirements of the act and the Clean Air Act. The construction permit must include reasonable 

conditions, including adherence to plans and specifications, to ensure compliance with the act, 

the Clean Air Act, and any other conditions justified under SDCL 34A-1-19.

Source: 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6, 34A-1-19, 34A-1-21.

Law Implemented: SDCL 34A-1-21.

74:36:20:11. Public participation in permitting process. The department shall mail a 

copy of the draft permit to the applicant. The department shall publish a public notice of the draft 

permit once in a legal newspaper in the county where the source is located. The notice must 

include a brief statement describing the source and where it is located; the department's 

recommendation and the reasons for it; the activity or activities involved in the permit action; a 

statement that a person may submit comments or contest the draft permit within 30 days after the 
202

publication of the notice; a description of the procedures a person must follow to contest the draft 

permit and request a hearing in accordance with article 74:09; and a statement describing where 

copies of the draft permit or other information may be obtained. The department shall provide to 

the interested parties a 30-day notice of any hearing to contest a draft permit.

Source: 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6, 34A-1-21.

Law Implemented: SDCL 1-26-27, 34A-1-21, 34A-1-30.

74:36:20:13. Final permit decision -- Notice to interested persons. The department 

shall make its final permit decision within 30 days of the end of the public comment period on a 

draft permit. The department shall notify, in writing, the applicant and each person that 

submitted written comments or requested notice of the final permit decision. The notice shall 

include reference to the procedures for contesting the final permit decision and requesting a 

hearing in accordance with article 74:09. For the purpose of this section, the final permit decision 

means proposing a permit or denying a permit.

The final permit shall be issued within 30 days of notifying the applicant and each person 

that submitted written comments or requested notification of the final permit decision except 

under the following conditions:

(1) A later effective date is specified in the final permit decision;

(2) A contested case hearing is requested; or
203

(3) No comments or request for changes in the draft permit were received during the 

public comment period on the draft permit. In this case, the draft permit automatically becomes 

the final permit decision and the final permit is issued at the end of the public comment period.

Source: 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6, 34A-1-21.

Law Implemented: SDCL 1-26-27, 1-26-29, 34A-1-21, 34A-1-30, 34A-1-34.

74:36:20:14. Right to petition for contested case hearing. The applicant or interested 

person may petition the board and obtain a contested case hearing to dispute the department's 

draft permit. Any other person may petition to intervene and request a hearing if the person has 

an interest affected by the department's draft permit. Such petitions must comply with the 

provisions of article 74:09 and be received by the department within 30 days after publication of 

the notice required by § 74:36:20:11.

The applicant or an interested person that comments on the draft permit may petition the 

board for and obtain a contested case hearing to dispute the department's final permit decision. 

Such petitions must comply with the provisions of article 74:09 and be received by the 

department within 30 days after receiving the department's final permit decision.

If the draft permit or the final permit decision is contested, the department shall present the 

draft permit or final permit decision to the board for action in accordance with article 74:09.
204

Source: 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6, 34A-1-21.

Law Implemented: SDCL 1-26-27, 1-26-29, 34A-1-21, 34A-1-30, 34A-1-34.

74:36:20:15. Contents of construction permit. A construction permit shall include the 

following:

(1) The signature of either the secretary or the chairman;

(2) The name of the person, company, political subdivision, agency, or institution granted 

a permit;

(3) The type of operation;

(4) The facility and mailing address;

(5) The date the construction permit was granted;

(6) A number for administrative reference;

(7) The timeline for submitting a timely and complete application for a minor source 

operating permit or Part 70 source operating permit;

(8) A statement granting a construction permit by the board or secretary and any 

conditions that the board or secretary may impose to ensure compliance with the act and the 

Clean Air Act;

(9) Emission limits and standards, including operational requirements and limits for all 

regulated emission units, necessary to ensure compliance with applicable requirements of the act 

and the Clean Air Act;
205

(10) Monitoring, recordkeeping, and reporting requirements necessary to determine 

compliance with the construction permit;

(11) A severability clause to ensure the continued validity of the various permit 

requirements if any portions of the permit are challenged; and

(12) Provisions stating the following:

(a) The permittee must comply with all conditions of the permit. Any permit 

noncompliance constitutes a violation and is grounds for enforcement action;

(b) The construction permit does not convey any property rights of any sort or any 

exclusive privilege; and

(c) The permittee shall provide any information, including records, requested in writing 

by the department to determine compliance.

Source: 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6, 34A-1-21.

Law Implemented: SDCL 34A-1-21, 34A-1-30.

CHAPTER 74:36:21

REGIONAL HAZE PROGRAM

Section
206

74:36:21:01 Applicability.

74:36:21:02 Definitions.

74:36:21:03 Existing stationary facility defined.

74:36:21:04 Visibility impact analysis.

74:36:21:05 BART determination.

74:36:21:06 BART determination for a BART-eligible coal-fired power plant.

74:36:21:07 Installation of controls based on visibility impact analysis or BART 

determination.

74:36:21:08 Operation and maintenance of controls.

74:36:21:09 Monitoring, recordkeeping, and reporting.

74:36:21:10 Permit to construct.

74:36:21:11 Permit required for BART determination.

74:36:21:12 Federal land manager notification and review.

74:36:21:02. Definitions. Unless otherwise specified, the terms used in this chapter mean:

(1) "Adverse impact on visibility," visibility impairment that interferes with the 

management, protection, preservation, or enjoyment of the visitor's visual experience of the 

mandatory Class I federal area. Adverse impact on visibility shall be based on a case-by-case 

basis taking into account the geographic extent, intensity, duration, frequency, and time of 

visibility impairment, and how these factors correlate with times of visitor use of a mandatory 

Class I federal area and the frequency and timing of natural conditions that reduce visibility;
207

(2) "BART," best available retrofit technology;

(3) "Best available retrofit technology" an emission limitation based on the degree of 

reduction achievable through the application of the best system of continuous emission reduction 

for each pollutant that is emitted by an existing stationary facility. The emission limitation must 

be established, on a case-by-case basis, taking into consideration the technology available, the 

costs of compliance, the energy and nonair quality environmental impacts of compliance, any 

pollution control equipment in use or in existence at the source, the remaining useful life of the 

source, and the degree of improvement in visibility that may reasonable be anticipated to result 

from the use of such technology;

(4) "BART-eligible source," an existing stationary facility;

(5) "Coal-fired power plant," any person, corporation, limited liability company, 

association, company, partnership, political subdivision, municipality, rural electric cooperative, 

consumers power district, or any group or combination acting as a unit, owning or holding under 

lease, or otherwise real property used, or intended for use, for the conversion of coal into electric 

power;

(6) "Contribute to adverse impact on visibility," a change in visibility impairment in a 

mandatory Class I federal area of five-tenths deciviews or more, based on a 24-hour average, 

above the average natural visibility baseline. A source exceeds the threshold if the 98th percentile 
208

(eighth highest value) of the modeling results, based on one year of the three years of 

meteorological data modeled, equals or exceeds five-tenths deciviews;

(7) "Major source," as defined in § 74:36:01:08(2) and (3);

(8) "Mandatory Class I federal area," any area identified in 40 C.F.R. § 81, Subpart D 

(July 1, 2009 July 1, 2012);

(9) "Visibility impairment," any human perceptible change in visibility such as light 

extinction, visual range, contrast, coloration, from that which would have existed under natural 

conditions;

(10) "30-day rolling average," expressed as pounds per million Btus and pounds per hour 

and calculated in accordance with the following procedures:

(a) Sum the total pounds of pollutant in question emitted from a unit during an 

operating day and the previous 29 operating days;

(b) Sum the total heat input to the unit in million Btus during the operating day and the 

previous 29 operating days;

(c) Sum the total hours the unit operated in hours during the day and the previous 29 

operating days;
209

(d) For pounds per million Btus, divide the total number of pounds of the pollutant 

emitted during the 30-day operating days by the total heat input during the 30-day operating 

days;

(e) For pounds per hour, divide the total number of pounds of the pollutant emitted 

during the 30-day operating days by the total hours operated during the 30-day operating days.

A new 30-day rolling average shall be calculated for each new operating day. Each 30-day 

rolling average shall represent all emissions, including emissions that occur during periods of 

startup, shut down, and malfunction; and

(11) "Operating day," a 24-hour period between 12 midnight and the following midnight 

during which any fuel is combusted at any time in the unit. It is not necessary for fuel to be 

combusted the entire 24-hour period.

Source: 37 SDR 111, effective December 7, 2010; 38 SDR 39, effective September 19, 

2011.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6.

74:36:21:04. Visibility impact analysis. The owner or operator of a new major source or 

modification to a major source shall demonstrate to the department that the potential to emit 
210

from the new major source or modification to a major source will not contribute to adverse 

impact on visibility in any mandatory Class I federal area. The demonstration shall be based on 

visibility models approved in 40 C.F.R. § 51, Subpart W (July 1, 2009 July 1, 2012).

Source: 37 SDR 111, effective December 7, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6.

74:36:21:05. BART determination. The owner or operator of a BART-eligible source 

that emits any air pollutant which may reasonably be anticipated to contribute to adverse impact 

on visibility in any mandatory Class I federal area shall submit a BART determination. The 

BART determination shall follow the procedures outlined in 40 C.F.R. § 51, Subpart Y July 1, 

2009 July 1, 2012) and must be based on an analysis of the best system of continuous emission 

control technology available and associated emission reductions achievable for each BARTeligible source. In this analysis, the BART determination must take into consideration the 

technology available, the costs of compliance, the energy and nonair quality environmental 

impacts of compliance, any pollution control equipment in use at the source, the remaining 

useful life of the source, and the degree of improvement in visibility that may reasonably be 

anticipated to result from the use of such technology. The BART determination shall be 

submitted within nine months after being notified by the department that the existing stationary 

source is reasonably anticipated to contribute to adverse impact on visibility in any mandatory 

Class I federal area.
211

Source: 37 SDR 111, effective December 7, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6.

74:36:21:09. Monitoring, recordkeeping, and reporting. The owner or operator 

required to install and operate controls established in a visibility impact analysis or BART 

determination shall conduct periodic monitoring, recordkeeping, and reporting. All sulfur 

dioxide and nitrogen oxides emissions from the BART-eligible source shall be routed to the main 

stack of a BART-eligible source. The owner or operator of a BART-eligible source shall install, 

certify, maintain, calibrate, and operate a continuous emission monitoring system for sulfur 

dioxide and nitrogen oxide in accordance with 40 C.F.R. Part 75 (July 1, 2009 July 1, 2012), 

except the recordkeeping and reporting requirements for the continuous emission monitoring 

systems shall be in accordance with 40 C.F.R. § 60.7 (July 1, 2009 July 1, 2012). Monitoring 

and related recordkeeping and reporting requirements for other air pollutants from a BARTeligible source or from a major source or modification of a major source shall consist of at least 

the following:

(1) All emissions monitoring and analysis procedures, alternative approved methods, or 

test methods required in determining compliance with §§ 74:36:21:04 and 74:36:21:06;

(2) As necessary, documentation of the use, maintenance, and if appropriate, installation 

of monitoring equipment or methods;
212

(3) Documentation of the following:

(a) The date, place, and time of sampling or measurements;

(b) The date or dates analyses were performed;

(c) The company or entity that performed the analyses;

(d) The analytical techniques or methods used;

(e) The results of such analyses; and

(f) The operating conditions as existing at the time of sampling or measurement;

(4) Recordkeeping and reporting requirements that comply with the following:

(a) Submission of reports of any required monitoring must occur at least every six 

months. Reports must clearly identify all exceedances with §§ 74:36:21:04 and 74:36:21:06. All 

required reports must be certified by a responsible official; and

(b) Exceedances of §§ 74:36:21:04 and 74:36:21:06, including those attributable to upset 

conditions. The probable cause of such exceedance and any corrective actions or preventive 

measures taken must be promptly reported and certified by a responsible official; and

(5) Requirements for retention of monitoring records and all supporting documentation for 

at least five years from the date of the monitoring sample, measurement, report, or application.
213

Source: 37 SDR 111, effective December 7, 2010; 38 SDR 39, effective September 19, 

2011.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6.
ARTICLE 74:36- AIR POLLUTION CONTROL PROGRAM 

NOTICE OF PUBLIC HEARING TO REVISE RULES 

The Board of Minerals and Environment will hold a public hearing on May 16, 2013, at 1:00 

p.m. central time, to consider the adoption and amendment of proposed rules numbered: 

a. revising chapter 74:36:01 (e.g. revising sections 74:36:01:01,74:36:01:05, and 

74:36:01:20); 

b. revising chapter 74:36:02 (e.g. revising sections 74:36:02:02 through 74:36:02:05); 

c. revising all of chapter 74:36:03; 

d. revising chapter 74:36:04 (e.g. revising sections 74:36:04:04, 74:36:04:05, 74:36:04:12, 

74:36:04:13, 74:36:04:14, and 74:36:04:15); 

e. revising chapter 74:36:05 (e.g. revising sections 74:36:05:04, 74:36:05:06, 74:36:05:07, 

74:36:05:16.01,74:36:05:20.01, and 74:36:05:20.02); 

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 74:36:07:28,74:36:07:31 through 

74:36:07:34, 74:36:07:36, 74:36:07:37, 74:36:07:39 through 74:36:07:90; and adding 

sections 74:36:07:91 and 74:36:07:92; 

g. revising chapter 74:36:08 (e.g. revising sections 74:36:08:01through 74:36:08:121); and 

adding sections 74:36:08:122 through 74:36:08:130; 

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, and 

74:36:10:05 through 74:36:10:08); and repealing sections 74:36:10:09 and 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 through 74:36:12:03); 

I. revising chapter 74:36:13 (e.g. revising sections 74:36:13:02 through 74:36:13:04, 

74:36:13:06 through 74:36:13:08); 

m. revising chapter 74:36:16 (e.g. revising sections 74:36:16:01,74:36:16:02,74:36:16:04, 

and 74:36:16:05); 

n. revising chapter 74:36:18 (e.g. revising sections 74:36:18:04 through 74:36:18:06, and 

74:36:18:10 through 74:36:18:12); 

o. revising chapter 74:36:20 (e.g. revising sections 74:36:20:05, 74:36:20:11, and 

74:36:20:13 through 74:36:20:15); and 

p. revising chapter 74:36:21 (e.g. revising sections 74:36:21:02,74:36:21:04,74:36:21:05, 

and 74:36:21 :09). 

The hearing will be conducted via the Digital DakotaN etwork at the following locations 

a. Pierre (Capitol Building); 500 E. Capitol Ave.; Room B 12, Studio A (1 :00 p.m., central 

time) 

b. Rapid City (SDSM&T); 501 E. St. Joseph St.; Classroom Building, Room 109 (12:00 

p.m., mountain time) 

c. Sioux Falls (University Center); 4801 N. Career Ave.; Room FADM 145 (1:00 p.m., 

central time) 

d. Watertown (Lake Area Technical Institute); 230 NE 11th St.; Main Building, Room 125 

(1 :00 p.m., central time) 
e. Aberdeen (Northern State University); 1200 S. Jay St.; Beulah Williams Library, Room 

117 (I :00 p.m., central time) 

f. Vermillion (University of South Dakota); 414 East Clark; Delzell Education Center, 

Room 203 (I :00 p.m., central time) 

g. Madison (Dakota State University); 820 N. Washington; Tech Classroom Building, 

Room 103 (1:00 p.m., central time) 

h. Spearfish (Black Hills State University); 1200 University Street; E.Y. Library, Room 

LIBOll (12:00 p.m., mountain time) 

The effect of the proposed amendments will be to adopt revisions to federal regulations and 

to revise certain obsolete and unnecessary statutes and rules. The reason for adopting the 

proposed amendments is to continue to have South Dakota's air pollution control program 

rules comply with the federal regulations and to allow South Dakota to maintain approval of 

its air quality program. 

Persons interested in presenting data, opinions, and arguments for or against the proposed 

amendments may do so by appearing in person at the hearing or by submitting written 

comments to the South Dakota Department of Environment and Natural Resources at the 

mailing address that appears below. Material sent by mail must reach department by the 

close of business on May 15,2013, to be considered. 

After the hearing, the board will consider all written and oral comments it receives on the 

proposed amendments. The board may modify or amend a proposed rule at that time to 

include or exclude matters that are described in this notice. 

Notice is further given to individuals with disabilities that this hearing is being held in a 

physically accessible place. Please notify the department at least 48 hours before the public 

hearing if you have special needs for which special arrangements must be made. The 

telephone number for making special arrangements is (605) 773-3151. 

Copies of the proposed rules may be obtained without charge from the 

Marlys Heidt, Engineer III 

South Dakota Department of Environment and Natural Resources 

523 East Capitol, Joe Foss Building 

Pierre, South Dakota 57501 

(605) 773-3151 

Steven M Pimer, Secretary 

Department of Environment and Natural Resources 

Published once at the total approximate cost of _____ _ 
American News 

Attention Display Advertising 

P 0 Box4430 

Aberdeen, SD 57402-4430 

Dear Sir or Madam: 

April19, 2013 

Please publish the enclosed Notice in your paper as a display advertisement for one 

issue on the 241

h day of April, 2013. 

South Dakota law requires that this notice be published as a display advertisement. 

Your failure to return your Affidavit of Publication containing the words "display 

advertisement" with your invoice will nullify your claim for publication fees. 

Please submit the Affidavit of Publication and invoice to: 

Department of Environment and Natural Resources 

Division of Environmental Services 

Air Quality Program 

523 E. Capitol, Joe Foss Building 

Pierre, South Dakota 57501-3181 

A new state law (effective July 1, 2009) now requires that our public notices include 

additional language regarding the cost to publish the public notice. The line that must 

be completed with a dollar amount will now appear at the bottom of the public notice. 

Please indicate the dollar amount before publishing in your newspaper. 

If you have any questions, please contact this office at (605) 773-3151. 

Sincerely, 

Lita L. Magedanz 

Senior Secretary 

Air Quality Program 

Enclosure 
AFFIDAVIT OF PUBLICATION 

STATE OF SOUTH DAKOTA} 

§ 

} 

-''-"'4-ft/1~~~~~"__:_ __ 1being duly swom, on his/her oath says: That 

a daily newspaper of general circulation, printed and 

published i Aberdeen, Brown County, South Dakota, by the Aberdeen News 

Company, a COJVoration, and has been such a newspaper during the times hereinafter 

mentioned; That affiant is an employee and principal clerk of said publisher and has 

personal knowledge of all facts sta d in this affidavit; That the advertisement 

headed: /fJ~cJJJI 

a printed copy of which is hereunto attached, was printed and published in the regular 

and en ire issue of said newspaper, and not in a supP.:lement thereof, once each 

__ -f.,;/-P-:'>.., ___ for successive /)~ . 

The fist lication being made on the .:{lj dayCiJAfr.O 2013 

The second publication being made on the ___ day of , 2013 

The third publication being made on the day of , 2013 

The fourth publication being made on the ___ day of 2013 

The fifth publication being made on the day of , 2013 

The. sixth publication being made on the day of 2013 

That said newspaper is a legal newspaper published five days or. more each week; 

with a bona fide circulation of more than two hundred copies daily; published in the 

English language within the said county of Brown for more than one year prior to the 

first publication of said notice; and printed in whole in an office maintained at the 

place of publication of said newspaper; That the whole amount of the fee paid for the 

publication of the annexed notice is $ !/t-61 t.fO , which insures solely 

to the benefit of said publisher; That no agreement or understanding for a division 

thereof had been made with any other person; and That no part thereof has been 

agreed to be paid to any person whomsoever. 

~ irM+ .· 

Subscribed and sworn to before me this c} L{: 

Daily Circulation --11l3~+i .::::S:::-=8~(_,),_ 

My commission expires __ March 20, 20 19 

APR 2 6 2013 

AIRQUAUTV 

-PROGRAM 

dayof¥,2013 

SEAL 
ARTICLE 74:36- AIRPOLLlJTION CONTROL PROGRAM 

NOTICE OF PUBLIC HEARING TO REVISE RULF.S 

The Board of Minerals mid' Environment will hold a public hearing on May 16,2013, at 1:00 

p.m. central tim"e, to consider the adoption and arnendinent of proposed roles numbered: 

a: Tevising cliapter74:36:0l (e.i. revising sections 74:36:01:01, 74:36:01:{)5, and 

74:36:01:20); b. revising chapter 74:36:02 (e.g. revising sections 74:36:02:02 through 74:36:02:05); 

c .. revising all <:rf chapter 74:36:03; : · d. revising chaprer74:36:04(e.g. revising sections 74:36:G4-:04, 74:36:04:05,74:36:04:12, 

74:36:04:13, 74:36:04:14,and 74:36:04:15); 

e. revising chapter74:36:05 (e.g. revising sections 74:36:05:04,74:36:05:06,74:36:05:07, 

74:36:05:16.01 , 74:36:05:20.01, and 74:36:05:20.02); f. revising chapt<!!74:36:07 {e.g. revising sections 74:36:07:01 through 74:36:07:07 .Ql, 

74:36:07:09,74:36:07:10,74:36:07:12 through 74:3.6:07:28,74:36:07:31 through 

74:36:07:34,74:36:07:36,74:36:07:37,74:36:07:39 through 74:36:07:90; and adding 

sections 74:36:07:91 and 74:36:07:92; g. revising chaprer 74:36:08 (e.g. revising seCtions 74:36:08:01 thfough. 74:36:08: 121); and 

adding sections 74:36:0&:122 through 74:36:08: 130; 

h. revising chapter74::36:09 (e.g. revising' sections 74:36:09:02 and 74:36:09:03); · 

i. revising chapter74:36:10 (e.g. revising sections.74:36:10:02, 74:36:10:03.01', and 74:36:10:05 through 74:36:10:08); and repealing sections 74:36:10:09 and74:36:l0:10; 

J. revising chapter74:36:11 (e.g. revising section 74:36:ll:O!); 

k. !fVisi,ng chapter74:36:12 {e.g. rev!,sing sections 74:36:12:01 through74:36:12:03); 

J., revising c~pter74:36:13:.{e.g: revising sections 74:36:13:02 through 74:36:13_:04, . 

74:36;13:06 through 74:36:13:08); . . . rn. ·revising chapter74:36:16 (e.g. revising sections 74:36:16:01, 74:36:16il2, 74:36:16:04, 

and74:36:16:05); n. revisi11g chapter 74:36:18 (e.g. revising sections 74:36:18:04 through 74:36:18:06,and 

74:36:18:10 ihrough 74:36:18-:12); 

o. revisillg chaprer74:36:20 {e.g. reyising sections 74:36:20:05,74:36:20:11, and 

74:36:20:13 through 74:36:20:15)'; and 

p. revisiQg chapter 74:3§.:2l _(e,.g,. ttvising .sections 74:36:21:02, 74:36:2l:04,, 74:)6:21::05, 

and74::36:2.t:09). · · ~ 

ne hearing ~iii be conducted vja the:biiit:d rJd:o~ Nerw~rk at_tbe follo~ing ~-~tions 

a. ~erre {Capi~l-~uiJ·dillti); ;00 E. ·~pit~; ~ve.;.:Room Bl2, Studio A.(l:Qti~~~: ·c·~~ titne) ' ' ' . ' '' ' ' ',• . . 

b. Ratll,d. City (SDSM&T); SOl E. St. Joseph St.; Classroom Building, Room 109 (12:00 

,p.m., mountafo t;ime) ' · 

c. Sioi!f. Falls (University Center}; 4801 N. Career A'!.e.; Room· FADM 145 {l:OO jun.', 

·rentrattime) . . .. - ; ·. 

d. Watertown (La~ Area Technical Institute); 230 NE II~ St.; Main Building, Roolll125 

(1:00p.rn.,centraltime) . , . .- _ ..:·: 

e. 'Aberde~ <N:orthep~ Sta.(e University); I~ S.Jay St.; Beulah WilliamS Ubrary·~·~(l()lll··· .. 11{{1:00p.m.,centraltime) ·. . . _ .. :. ~ \' -:- ·~-.--

f. Vennill~on (University of South Dakota); 414 East Clark; Del;rell Education Center;·~· 

Room 203 0:00 pJ11., central tilne) ' , _g. Madisol! (Dakota State University); 820 N. Washingtori; Tech Classiuom Building, 

ROQIII 103 (1:00 p.m., central time) . . · 

h: Speiu;fi,sh (Black HiflsState.Univerility); 1200 U.o.iversity ~treet; E.Y, .. Li~r:iry.~Rciom 

LIB011 (12:00 p.m., llKIIIDtain time) -' · - " 

The effect of the proposed amendments witi be to adopt revisions to federal regulations and 

to revise certain obsolete and unnecessary s.tatutes and odes, :I_'llereason for adopdng the 

prop(ISed amendments is to continue to bave Soot~ Dakota~s air pollution cOntrol program 

roles 'comply with tile federal regulations and .to. allow South D<l,kota_)~O _fDain~.n ·appro_vlil.:nt''· its air. quality program. " · · · .. ' 

~~~~ ~~~rested .in presenting dati!\pini~nS, IQld iu'gUmer,tts foi o~'~g~i'~j· ffi~-;·~~ amendlf)ents .;nay do so by appearing in person at the bearing or by_ SJlbmiUing written comments i:o the South Dakota D,epartment <:rf Environment and Natural; Resources at tbC 

mailing address that appears below. Malerial seirt by mail inns! reach department by t~e 

close of business on.May 15,2013, to'be considered. · 

After the. hearing, !he board will consider all, written and oral comments it receive;; on the 

propOsed amendments. The board may modify or amend a proposed rule at that time to 

include or axdude niittters that ire described in thiB_Hotice. 

Notice is furth~r given to ln!fividnals with disabilities that this bearing is being held rna·_.:·,'.' phy~cal_ly acce~slbie pi~. Please notify the department at least 48 hours before the public 

bearing 1fyou have speoal needs for which speoal arrange,ments must be made. Tbe 

teleph~~~ ri11mberfor making special arrangements is (605) 773-3151. 

Copies of'tJ!e 'proposed rules may be obtained withOut charge from the 

Marlys. Heidt, Eiiginj.'er III .. 

Sooth pakota Department of Environment and Natural Resources 523 East Capitol, Joe Foss Building 

Pierre, So_uth Dakota 57501 

(605) 773-3151 

Steven M Pimer, Secretary 

Department of Environment and Natural Resources 

Published once. at the total approximate cost of $418.40 

SD-15633l1R 
The Brookings Register 

Attention Display Advertising 

P 0 Box 177 

Brookings, SD 57006-0177 

Dear Sir or Madam: 

April19, 2013 

Please publish the enclosed Notice in your paper as a display advertisement for one 

issue on the 24th day of April, 2013. 

South Dakota law requires that this notice be published as a display advertisement. Your 

failure to return your Affidavit of Publication containing the words "display advertisement" 

with your invoice will nullify your claim for publication fees. 

Please submit the Affidavit of Publication and invoice to: 

Department of Environment and Natural Resources 

Division of Environmental Services 

Air Quality Program 

523 E. Capitol, Joe Foss Building 

Pierre, South Dakota 57501-3181 

A new state law (effective July 1, 2009) now requires that our public notices include 

additional language regarding the cost to publish the public notice. The line that must be 

completed with a dollar amount will now appear at the bottom of the public notice. Please 

indicate the dollar amount before publishing in your newspaper. 

If you have any questions, please contact this office at (605) 773-3151. 

Sincerely, 

Lita L. Magedanz 

Senior Secretary 

Air Quality Program 

Enclosure(s) 
Affidavit of Publication 

State of South Dakota 

ss 

County of Brookings 

Jennifer Milligan of said county, first duly sworn, on oath, 

says: That she is the office clerk of THE BROOKINGS 

REGISTER, a daily newspaper, printed and published in 

the City of Brookings, in said County of Brookings, and 

State of South Dakota; that she has full and personal 

knowledge of the facts herein stated; that said newspaper 

is a legal newspaper and has a bona fide circulation of 

at least two hundred copies of each issue daily; that said 

newspaper has been published within the said County of 

Brookings and State of South Dakota, for more than one 

year prior to the first publication of Exhibit "A," hereto 

attached and herein mentioned, and was and is printed 

that the 

Leg#362 Article 74:36/ Air Pollution 

same was published, is hereto attached marked Exhibit 

said newspaper for 

April24, 2013 

RECEIVED 

MAY 0 6 2613 

AIR QUAl IIY 

PROGRAM 

____ _,_1 times, to-wit: 

said Exhibit "A" inures to the sole benefit for the publishers of 

said newspaper; that no agreement or understanding for the 

division thereof has been made with any other person, and 

that no part thereof has been agreed to be paid to any 

person whomsoever; that the fees charged for the publication 

thereof are: 

four hundred sixty-eight dollars and no cents $468.00 

10/ 

F"'---'-/ __ _IL_day of 

April 

Notary Public in and for the County of Brookings, 

dwJMr~ South Dakota.D 

My Commission expires August 3, 2017. 

Exhibit "A" 
ARTICLE 74:36-AIR POLLUTION CONTROL PROGRAM 

NOTICE OF PUBLIC HEARING TO REVISE RULES 

The Board of Minerals and Envimnment will hold a public hearing on May 16, 

2013, at 1:00 p.m. central time, to consider !he adoption and amendment ofP:TOposed rules lllllll.bered: 

a. revising chapter74:36:0l (e.g.revising sections 74:36:01:01,74:36:01:05, 

and 74:36:01:20); 

b. revising chapter74:36:02 (e.g. revising sections 74:36:02:02 through 

74:36:02:05); 

c. revising all of chapter 74:36:03; 

d. revising chapter 74:36:04 (e.g. revising sections 74:36:04:04, 74:36:04:05, 

74:36:04:12,74:36:04:13,74:36:04:14, and 74:36:04:15); 

e. reVising chapter74:36:05 (e.g.revising sections 74:36:05:04,74:36:05:06, 

::~14?3g~05:07, 74:36:05:16.01, 74:36:05:20.01, and 74:36:05:20 .02); 

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 

74:36:07:28,74:36:07:31 thrOugh 74:36:07:34,74:36:07:36,74:36:07:37, 

74:36:07:391brough 74:36:07:90; and adding sections 74:36:07:91 and 

74:36:07:92; 

g. revising chapter 74:36:08 (e.g. revising sections 74:36:08:01through 

74:36:08:121); and adding sections 74:36:08:122 through 74:36:08:130; 

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, and 74:36:10:05 through 74:36:10:08); and repealing 

sections 74:36:10:09 and 74:36:10:10; 

j. revising chapter 74:36:11 (e.g. revising section 74:36:ll:OI); 

k. !revising chapter 74:36:12 (e.g. revising sections 74:36:12:01 through 

74:36:12:03); 

1. revising chapter74:36:13 (e.g. revising sections 74:36:13:02 through 

74:36:13:04,74:36:13:06 through 74:36:13:08); 

m. revisingchapter74:36:16 (e.g. revising sections 74:36:16:01,74:36:16:02, 

74:36:16:04, and 74:36:16:05); 

n. revising chapter 74:36:18 (e.g. revising sectiom74:36:18:04 through 

74:36:18:06, and 74:36_:18:10 thJ:ough 74:36:18:12); 

o. revising chapter74:36:20 (e.g. revising sections 74:36:20:05, 74:36:20:ll, 

and 74:36:20:13 through 74:36:20:15); and 

p. revising chapter 74:36:21 (e.g.revis.ing sections 74:36:21:02,74:36:21:04, 

74:36:2l:OS,and 74:36:21:09). 

The hearing will be conducted via the Digital Dakota Networlc at the following 

locations 

a. Pierre (Capitol Building); 500 E. Capitol Ave.; Room B12, Studio A 

(1:00 p.m., central time) · 

b. Rapid City (SDSM&T}; 501 E. St. Joseph St.; Oa.sm-oom Building,Room 

109 (12:00 p.m.,roountain time) 

c. SiollX Falls (University Center); 4801 N. Career Ave.; Room FADM -145 

(1:00 p.m., central time) 

d. Warenown (Lake Area Technical Institute); 230 NE 11th St.; Main 

Building,Room 125 (1:00 p.m., central time) 

e. Alx:rdeen (Northern State Universi_ty); 1200 S. Jay St.; Beulah Williams 

Ubla!y, Room 117 (1:00 p.m., central time) 

f. Vermillion (University of South Dakota}; 414 East Clark; Deizell Education 

Center, Room 203 (1:00 p.m., central time) 

g. Madison (Dakota State Univen~ity); 82Q N. Washington; Tech Classmom 

Building, Room 103 (1:00pm., central time) 

b. Spearfish (Black Hills State Univen~ity); 1206 University Street; E.Y. 

Uhraiy,RoomLIBOll (12:00 p.m., mountain time) 

The effect of the proposed amendmc;nts will be to adopt revisions to federal reguLations and-to revise certain obsolete and mmecessary statutes lind rules. The reason for adopting th~ proposed amendments is to continue to have South Dakuta 's 

air pollution control program rules comply with the federal regulations and to allow 

South Dakota to roaintain approval of its air quality program. 

PersOns interested in presenting data, opinions, and arguments for or against the 

proposed a.mendtnents may do so by appearing in person at the bearing or by mbmitting written comments to the South Dakota Departmeitt of Environment and 

Natural Resources at the mailing address that appears below. Material sent by 

mailmtl8treach department by the close of business on May 15,2013, to be considered. 

After the hearing; the board will consider all written and oral comments it receives 

on the propoSed amendmeDts. The board may modify or amend a proposed role 

at that time to include or exclude matters that are described in thls notice. 

Notice is funher given to individuals with diSabilities that this hearing is being 

held in a physically accessible place. Please notify the department at least 48 how:s 

before the public hearing if you have special needs for which special arrangements 

must be made. The telephone number for making special auangements is (605) 

773-3!5l. 

Copies of the proposed niles may be obtained without charge from the 

Marlys Heidt, Engineer m South Dakota Department of Enviionment and Natural Resources 

523 East Capitol, Joe Foss Building 

Pierre, South Dakota 57501 

(605) 773-3151 

Steven M Pimer, Secretary 

Department of Environment and Natural Resources 

Published once at the total apprOmnate cost of$468.00. 
Daily Plainsman 

Attention Display Advertising 

P 0 Box 1278 

Huron, SD 57350-1278 

Dear Sir or Madam: 

April19, 2013 

Please publish the enclosed Notice in your paper as a display advertisement for one issue 

on the 24th day of April, 2013. 

South Dakota law requires that this notice be published as a display advertisement. Your 

failure to return your Affidavit of Publication containing the words "display advertisement" with 

your invoice will nullify your claim for publication fees. 

Please submit the Affidavit of Publication and invoice to: 

Department of Environment and Natural Resources 

Division of Environmental Services 

Air Quality Program 

523 E. Capitol, Joe Foss Building 

Pierre, South Dakota 57501 

A new state law (effective July 1, 2009) now requires that our public notices include additional 

language regarding the cost to publish the public notice. The line that must be completed with 

a dollar amount will now appear at the bottom of the public notice. Please indicate the dollar 

amount before publishing in your newspaper. 

If you have any questions, please contact this office at (605) 773-3151. 

Sincerely, 

Lita L. Magedanz 

Senior Secretary 

Air Quality Program 

Enclosure 
Affidavit of Publication 

STATE OF SOUTH DAKOTA: ss 

County of Beadle 

I, CORINN DECKER, do solemnly swear that I am the Legal Advertising 

Coordinator of the Huron Plainsman, printed and published at Huron, in the 

state of South Dakota, and that from my own personal knowledge and reference 

to the files of said publication, the display advertising for SD 

ENVIRONMENTAL was published in the Huron Plainsman in the size of: 

2X10 -PUBLIC HEARIMG 

April 24. 2013 

Total Cost $217.35 

Subscribed & sworn to me before tbis 30th day of Apr 2013 

Yl \ ; ' ~~--, . . "\ 

Notary ublic 

My Commission Expires 10/25/2017 
Daily Leader 

Attention Display Advertising 

P. 0. Box 348 

Madison, SD 57042-0348 

Dear Sir or Madam: 

April19, 2013 

Please publish the enclosed Notice in your paper as a display advertisement for one issue 

on the 24th of April, 2013. 

South Dakota law requires that this notice be published as a display advertisement. Your 

failure to return your Affidavit of Publication containing the words "display advertisement" with 

your invoice will nullify your claim for publication fees. 

Please submit the Affidavit of Publication and invoice to: 

Department of Environment and Natural Resources 

Division of Environmental Services 

Air Quality Program 

523 E. Capitol, Joe Foss Building 

Pierre, South Dakota 57501 

A new state law (effective July 1, 2009) now requires that our public notices include additional 

language regarding the cost to publish the public notice. The line that must be completed with 

a dollar amount will now appear at the bottom of the public notice. Please indicate the dollar 

amount before publishing in your newspaper. 

If you have any questions, please contact this office at (605) 773-3151. 

Sincerely, 

Lita L. Magedanz 

Senior Secretary 

Air Quality Program 

Enclosure 
AFFIDAVIT OF PUBLICATION 

AFFIDAVIT OF PUBLICATION 

STATE OF SOUTH DAKOTA } 

} ss. 

County of Lake } 

.................. §.~.E? .. ~DD.~ .. ~.~-~9. .................. of the City of Madison, County of Lake, 

State of South Dakota, being first duly sworn on oath, deposes and says: 

The Madison Daily Leader is a daily legal newspaper of general circulation, 

printed and published in the City of Madison, in said County of Lake, by Hunter 

Publishing, Inc., Jon M. Hunter, publisher, and has been such legal newspaper 

during the thnes hereinafter mentioned; that the said Madison Daily Leader has 

been in existence as such legal newspaper for more than one year prior to the 

publication of the notice hereunto attached, and has during all of said thne had, and 

how bas, more than 200 bona fide subscribers; that the undersigned, the affiant, 

is the .................. ~.~~!.~t.a.!Y. ................. of the said newspaper, in charge of the advertising department thereof and has personal knowledge of all the facts stated in this 

affidavit and the advertisement headed 

···············-~-~.P..~.~~=.n.~.?.~.§.n._~i:.?.~.~-~.n.~.':l.n.9. .. ~.~~~E~! .. ~~-~-?..~:.~~-~---············· 

............... '?..i~.P..l<~.Y...~.~Y.r:r:t!.~r:~.'::.n.~: .. ~i:. .. ~s>!!.~~i?.!:J.gs>r.!~E.?.! .. ~:.s>w~.~---··········· 

printed copy of which hereunto attached, was printed and published in the said 

newspaper for .............. 9..~.~--~··········· successive weeks, once each week and on the 

same·day of the week, on the following dates, to-wit: 

On ...... Y.v.!'J.g_l}!'.~c:l.<lY ...... , the .... .?.1.!b ..... day of ............... A.P.!.!!. .............. , 20 ..... ..1.?. ...... ; 

On ...................................... ,the .................. day of ........................................ , 20 .................. ; 

on ...................................... , ~u················ ctayof ........................................ ,20 .................. ; 

on ................. RE.C.J;Wtrre .................. day of ........................................ , 20 .................. ; 

· n 'lR'3 On ····················fl.f'-R·•l'"''- .................. day of ........................................ , 20 .................. ; 

On ·······················p.tl'tQUAU.e'L .............. day of ........................................ , 20 .................. ; 

~ROG~~ · On .......................... \. .......... ,(,he .................. day of~ ........................................ , 20 .................. ; 

On ...................................... , the .................. day of ........................................ , 20 .................. ; 

That $ ........... ~.2.§.,§.9 ........... being the full amount of the fees for publication of the 

attached notice inures solely for the benefit of the publisher oftbe said newspaper; 

that no arrangement or understanding for a division thereof has been made with . 

any other person and that no part thereof has been agreed to be paid to any other 

person whomsoever. 'J!1l ~ 

.................... ~ ............ ~ ..... .J.a/ ............................ . 

Subscribed and sworn to before me this .......... ?.§~~·········· day of 

........................................ :/}:P..r.~! ........................................• 20 ....... 1 ..3. ...... . 

....... {1r.vY.L ..... ~ ..... ~~- Notary Pt.1blic, Lake County, South Dakota 

Madison Daily Leader 1M 

Publication Fees ----- $ ....................... . 

Notary Fees------$ ........................ . 

'lbml----- $ ........................ . 

Received Payment, 
>.ARTICLE 74:36-AIR POLUJTION CONTROL PROGRAM 

NOTICE OF PUBLIC HEARING TO REVISE RULES 

The l:3()ard 9fMinerals and Environment will hold_a public hearing on May 16, 2013, at 1:00 p.m: central 

~~ ~-consid~r th~ -~d~pti~~\~d amen~~ent ofJl~~posed J11l~_s nu~~red_: · 

·· a re~sing cliapter74:36:01(e.g. r<!visrng sections 74:36:0J:(h. 74:36:0t:05,.and 74:36:01:20); 

b. revising chapter 74:36:02 (e.gcrevis!ng sections74:36:02:02 through 74:36:02:05); 

c.revisinga1Jofchapter74:36:03;.· , ···~. ·. •:c . . ·· d.·.' revising cha:pter 74:36:04~e.g. ";vis!~ sections 74:3~:04:04, 74:36:04:05, 74:36:04:12, 74:36:04:13 ... , 

·· 74:36:04:1!1, ang 74:36:{)4:15);: . i .. ..;; ... · ..·.. ·. . . . . . · e. revisingchapter74:36:05 (e.g. revising s~ction;; 74.:36:.05:04,74:36:05:06, 74:36:05:07, 74:36:05:16.01, 

74:36:05;20.01; and 74:36:95:2().02);; .. ' ·.·.··•·•. :. . · ..·· ·. . ·.· .. f. re.visingchapter74:36:Q7(e,g. r<!vising sectio~ 74:36:07:01 thJ;ongh 74:36:07:07.01,74:36:07:09, 

74:36:07:10; 74:36:07:12 through 74:36:07:28; 7.4:36:07:31 through 74:36:07:34, 74:36:07:36, 

74:36:07;37; 74:36:07:39 tlm:mgll74:36:07:90;; 31Jdaddingsections 74:36:07:91 and 74:36:07:92; 

g. revisirig chapter 74:36:08 (e:g. revising sections 74:36:08:0lthrough 74:36:08:121); and adding sections 

74:36:06:122 through 74:36:08:130; ' : •. . . . 

h .. revising chapter .74:36:09 (e.g. revising' sections74:36:09:02. and. 74:36:09:();3); • • ; •• . ,> ;:; • 

i. revising chapter74:36:1() (e.g. revi,singsections 74:36:10:02;74:36:10:03,01, a;nd 74:36:10:05 tlu;ougll 

74:36:10:08); and repealing' s~ctioil,s 74:lj6:10:09 and 74:36:Hl:iO; ·.. ·. ·· ·.·. .· .. . ·. :. · ·· · ·· · · 

j. revising' chapter 74:36:11 (e.i~vi,shii·sectio'} 74:36:11:()1); 

k.revisingchapter74:36:12 (e:g. l"'Visi,!Jgsectio~ 74:36:12:01 through.74:36:12:03); . . .. . .. 

1 revising chapter74:36:13 (ag. revising s.ections 74:36:13:02 through 74:36:13:04, 74:36:13:06 through 

74:3~:J3:08); •..•. ,., ... ·•·• ... ···•· •······· •:.:·v: •;.;. · · · .. ··•·:· .. ·· ::.·. : ·• • ·• ··•·•• ;··•.••:,•.·;>:%;:,:·•·• m, revjsing c!J~pter 74:3();11) (e,g.r<!visjng ~~o~ ~4:36:16:01; 7.4:3(l:16:02,74;:)6:16:04,.eiJ:d74::lfl:1,6:Qli); •.. • 

n. reyi~ing cpapter74:3~:18 (~g, l"'V\sing.~ecti?~ 74:36:18:04 thf()ugh 74:~6:18:06, and. 7~:36:18.:10 ·. · 

tlu;ough 74:36:18:12)··: :: •. • •. .• ; •· ... ' .··.· : • ·: . . .· ·.. . .··•• .•• >./ · .. ··. :• 

o. revising ch~p~r.?4::jt;:2()<",g.revisingsections 74:36:20:05,_74:36:20:11, and 74:36:20:13 ihrou,gh 

74:3():20:)5); a'}d ••. · •. ;.:. •. • . ••. .· .•. · •. • . . . . > ' . ' : .· . : .•.• .: 

p,revising chapter 74:36:21 (e.g. revising sections.74:36:21:02, 74:36:21:04, 71;36:21:05,and 74:~~:21;()9). 

· The.heahnt~lfb~~onclticte~~i~e.Digi!alpalmta Ne~&;~~ni.eroilo~inglod~*;~ri,' .•. 

a:'Pie~'tqaJ,ih,i:Bpil~~;500 EYp~pitOlAve..; Rb§'!' BJ.2, Sllldio A. (l:Otl J.,n:, c~ntraitlme)· ....• 

b. Rapid City(SDSM&T);·501E:: St Joseph St; Classroom Building, Room 109.(12:00 p.m., mountain 

time),:• • ... {.·•>•·:• .·. ···:·· < .• : .. :·i·... , ·.. • ·; ... ···• .· .. ·· ···•·· .·· · c .. Sioux Ff!l!s.(Unjver,s#c.,l'lter); 4801.to/: C"!"'e.rAve:; Room FADM 145 (1:00 p.m., central time) 

d. Water!oV(ll (Lalre,!~:r!o;; Technical I!JS(j!ute); 2:JQ J'!E 11th St; Main Building, Room 125 (1:00 p.m., central tj:ijle): ......... , .... (;·.-.. < . ': ···. .. : ' ....... '· . : e. Aj)eJ-deen (I':Iorthern,. ... Staf<! !Jnive.rsi!Y;l.:. ~Q~ ... J"Y St,c; BeulahWilliam8I,ihrazy; Roomll7 ((00 p .. m, Centralthrie):::.>:'?_-/,-':<::::----- _;_:: ·-- _;<-::·-->·::·,:\ ._:·.··-~_--:'\_.:-;;_:::_'_->';._,.-- ___ -·:·· -:-· _.- _ _ --<· -__ _ __ <<·-. __ ·>-: 

l:V!'rnlillion (Uni~.,rsity;ofSouth DakgU,); 414E~stC:larl\; Delzell.EducatignCenter, R9on1203 (J:OO 

p.m: cen!r;iitime)(. . . . •.• : ..... c?:·· ..... • ·...... . . . · ... ··· .· .· ... ·.· . • • ·, 

gc Mai\lso!l<Dal<ota sJiite UniYersityf!;l:lO .. N:cWa$hi.ngton; Tech C!as8roorri B11i)ding;.Romh 103 ():00 

P:_-m;:_;_;cen#iiJ:tfm~r<~_. ._ -_- .-'-( ·- . : _.,<:·i ----j,'::;:Z\+:-~}s:---~~;-:---:-§(._;:-:::\-~.;~;_('~:::_.:;:.-<-.-'-_;_.: _,:.·.- _-\:.·-·y- ,-:: __ -.--_,_ ... :;:·:--·: __ ,;__-:>:;_>->.-::' _;'_;<:_ --.::-,: /--:·_--,:-~--:·_:y::.-: 

. ,Jdpearfi,.n:~J.a~]<!ll.H~ S_tate Univer,sjty); 1~00Univ<>;rsiij,Sif"et: )';.Y: Libra,.y, Ro9ll! LIBOU· 

(12;00 p.l!L;i!ioulitiiin tiniel · · · · · ·· · · · · 

·.-r!i~--e~j?f_£b;t!;PJ;OJ19S'i~~tamendmentS wii,fbe i()_-ad.Opt_Te\ljstditS io recterafOOgtll.:ltiOPs_ an_~ fc>·revi:s~':Cer* tainobs9lete. fW~---~irrl~e_ssary statutes and rules .. -The .reason for adoptiilg the prop~s~d <llliendments_ -is 

to _contillue _tci~vi~_~uthDakota's air pollution controlP~am rules comply with the federal regul<_itions 

and fu allow .$ollth DakOta to maintain approval of its air_quality program: 

PersOn~ ·m~-~~_ii,ill-'_Ptes-~rit~~:-d~ta;· -~Pi~tons;-:;;ntd:~·ehts- for or ag~inst p:te-pro{losecl_ amelld_Ip~nts ma:r-_do S() by_flppe~ri~- in_ person it ~be beaJ"i_n(o_r BY sul,lmitting'wri~n c_o~ents to the_-Sguth Da~ota 

-DepaitiJJ.¢nt qf_E~Y!rcmment anq_Naturill :R.esf?UrceS. atfil~- mailing address that appears below. Materilli 

serit bY·ID.ail _must ,eacp: department by the close ofbusiness.on May 15, 2013, to b_e considered. 

-Mie~ the:_:q~?tik>tli~:i,~crrd-.-will consider_ -ali--writteri_ a·~d orai--~omm~nts:-~t}eC~ives o~ the· ProPosed 

ame11dmen~- The ):)9ai:d -_Dlay modifY or amend a prop(lsed rule at that tiine to include or exclude rnatt~rs 

that are described in~t.biS:-notice. ~ 

Notice i~:-fUrtiier~1i~en:tiJ--{*~uYictllais with disabili!le~: -~~_this hearing is being ~eld in a physically acces-

,S.-!~1~-pla_c;e_:·-- Ple~_se ilotifY._the~dePartment-at l~st 48_ b,q~rs ~fore the pu,blic hearing_ifyou have special 

n~~s-for which special arr~e111ents mUst be _made. Th~ telephone number for.making special arrangements is (606) 773-3151. · · 

COpi~ o~ttle·prOposed rule~_ Jiu:tYbe obtained,_\V}th_PUi_charge froiD the 

Marlys Heidt, Engineer1II · 

South Dakota De:PartrilentOfEnvironment and Natural Resources 

523 East CapitOl, Joe Foss Building 

Pierre, South Dakota 57.501 

(605) 773:3151 

SteveiJ- M. Pirner, Secretary 

Department of Environment and Natural Resources 

Published once at the total approximate cost of $226.80. 
The Daily Republic 

Attention Display Advertising 

P. 0. Box 1288 

Mitchell, SD 57301-1288 

Dear Sir or Madam: 

April 19, 2013 

Please publish the enclosed Notice in your paper as a display advertisement for one issue 

on the 241

h day of April, 2013. 

South Dakota law requires that this notice be published as a display advertisement. Your 

failure to return your Affidavit of Publication containing the words "display advertisement" with 

your invoice will nullify your claim for publication fees. 

Please submit the Affidavit of Publication and invoice to: 

Department of Environment and Natural Resources 

Division of Environmental Services 

Air Quality Program 

523 E. Capitol, Joe Foss Building 

Pierre, South Dakota 57501 

A new state law (effective July 1, 2009) now requires that our public notices include additional 

language regarding the cost to publish the public notice. The line that must be completed with 

a dollar amount will now appear at the bottom of the public notice. Please indicate the dollar 

amount before publishing in your newspaper. 

If you have any questions, please contact this office at (605) 773-3151. 

Sincerely, 

Lita L. Magedanz 

Senior Secretary 

Air Quality Program 

Enclosure 
RECEIVED 

MAY 0 5 2013 

AIR QUALITY 

PROGRAM 

" 

II 

AFFIDAVIT OF PUBLICATION 

STATE OF SOUTH DAKOTA ) 

) ss 

COUNTY OF DAVISON ) 

Annette Kroger, of said county, being, first duly sworn, on oafu, says; fuat she is 

the Business Manager of The Daily Republic, a daily newspaper, published in 

the City of Mitchell, in said County of Davison, and State of South Dakota; that 

she has full and personal knowledge of the facts herein stated; that said 

newspaper is a legal newspaper as defined in SDCL 17-2-2.1 furough 17-2-2.4 

inclusive; that said newspaper has been published wifuin fue said County of 

Davison and State of South Dakota, for at least one year next prior to the first 

publication of the attached public notice, and that the notice, order or 

adveJiisement, a printed copy of which, taken from the paper in which the same 

was published, and which is hereto attached and made a part of fuis affidavit, 

was published in said newspaper for _1_ issues(s), to wit: 

04-24-13, 2x8 DISPLAY ADVERTISEMENT-SO Department Environment & 

~atural Resources 

That fue full amount of the fee charged for the publication of the attached public 

notice insures to fue sole benefit of the publisher or publishers; that no 

agreement or understanding for fue division thereof has been made wifu any 

oilier person, and that no part fuereof has been agreed to be paid to any person 

whomsoever, that the fees charged for fue publication fuereof are $287.84 

Subscribed and sworn to before me this ~ day of .Apj 1 aol3 

~otary Public '"·' . County of d-t..tV'SOrJ 

My Commission Expires: Cj-9,1- aQjj' 

Prepared by: The Daily Republic, P.O. Box 1288, Mitchell S.D. 57301 605-996-55 I 5 

DEB TOWNSEND 

Notary Public 

SEAL 

South Dakota 
RECEIVED 

MAY 0 6 2013 

AIR QUALITY 

PROGRAM ARTICLE 7~36- AJRPOLLUTION CONTROL PROGRAM 

NOTICE OF PUBLi:CHEARING roiiDfr'SERULES 

The Board. o.fMin····. ""'.·.·.· · ... ""' En.. .virozrin~.i-~.'.·.', hold a pt~hl'~aring on. M.·.· }rl§, 20i3 •. at 1:00 p.m. central !iJne, -tu, consi!ler.!he.adoption and amendm~nt ofpropuseO rul~ riiniibered: 

. a revi~#~·74;ji,_;~i<(i:~::'reVisnig·'~ons 74~~i.~{61, 74:3-~-;ril~S;--~·-;4;~6:(11 :20); ' ~=~¥cb=tf:J:;~J:rn~-,~~ 7~i36~0~:-~2-throu~-7~_=?6,~?~~~; d. revisingdmpter14:36.:04Je ... g .. revising. .sections 74~-~-=:0f~ 74:36:04:05,·7·4· ''·6·:·04··.:12, 74:36:04:13,"14:36:04:14. and 74:36:04:15);.. : -- .·--•. ," 

e. ~lug ~pter··· .. 7~:3~:0~.-.{e.g: revis~. se~~ns 74:~~5:04, 74:3~;Q~~~·l4 .. .••. ~ -~.;05:0 .. 7.- 74:36;{J5.16.QI,-74.36.05.20.0l,and 74:3_6.05.20..02), --- ·\·.· . -·- _ -- -- .-" , f. revisingij:lapter-74:36:07 (e.g. revising_ sections 74;36:07:01 throufh 74:36:0]:07_0~. , · 74:36:07:09;74:36:07:10, 74:36:07:12 tl;troug!l74:3Ji:07;28, 74:36:07:3hhi-oilgh 74:36:07:34, 

74:36:0Z:36, 74:3_6:07:3[,'?4:36:07:39 _tllrough 74:3~-{}7:1){1; and addffig set;tions,?4:3(j;07:91 , ; .. and74:36:-07:92;· . _--__ -;>· -- \· <-,·\::. ·· 

~ ... ·" .. ~g. duo.·' ~r ~4:36. :08.(e.g. _revlSUl. : .• .'.•. -~e·cti· ··o·"'·~4:.:3~~-~~~~-:!~:3~.~0-~:~.2l);···and adding segi9n);,74;36,Q8.122 thro~J!W, 74:36.08,l~O,.-.,_.;c·., ...... _ .. -.. <:- , ....... ,. ··_;c.:"·.-.:.-- . -- . .:<, 

h. ;revising chapter,74:36:09 {e_.g.' ievis~ seq:ions'74:36:09:0l and.74:36:l)9:0~); _:..---: 

'.""" .. ·.•. fug.·cl>.· .'pt. " .. 'ft. :36:10 .. {e.g;.revJ··· _·s.irlg sec ..tions 74:36:1&.02,.7 4:3 .. '." ...'•. ' .... " ... '.·,', .. ""' .. · .... ·. ···.7· ' •. ·:3·.·?··.·.·.'. ·.0:05 . -~()~ 74:~6:J0:{)8); andrepeall:ll$ sec,ti~ 74:36:10:09 ~ 74:36:10Jo; .-. -.,::·. :.- J. reVlSmg,dW>te:!-.74:36: 11 Je,g. f!;!VISmg ~ction 74:36:11:01); __ : : ... ':.< ,_, -::.i"-.. _ "'.,. ,., __ __.. __ -:"-

. kreyising_~74:36:12 (e.g.:revising sections74:36:12:01 tbfl)iiEJ:l. 74:36:12:03);: 

l.;~~~;j-j~~t:J.-7 _(f·~·_t~~ .. ?_0~~-.-_:4:~--~:IJ,_;,~?-~~~74:_3_~::~3:~;7·~~~?-3;~ 

m ... reyism .. ''. &.pte .. ·.·.·.'.·.?4:.·36 ... =~ .. 6. {e.g: ~.gsecti·o·ru·. 74.:36:1~.''.· 74 ..:3·.'.--=.16~02 .• .7 .. ~:3~:.!6··'·' .. ·.'.-,_an. d 7:4:36:16:05};:-,-·-.-,-. ,_- ___ -- _-,-., '; ... ---;:,-._'-:-_-,._-_ .. ·,,-

n,."."'"'. 74:36:i8:10·ihrini.Rh,74:36:18:I2};··· · g.cl>· 'l'l ... ".·--.!4=.36.:18-. (' .• g .. ·•. '."".'""". •. · ·<· ... · .. '"" ·--:··- ... • " .•.·ru .. ... ·. · 7<·'' ,, •. ____ '. :18 '·-' .. _:04•. , . tluO· .. ._. ' •. .. ~ -:-- ·.gh.· 7.4.· -:..'' ... <·'"- '.-=,~-8:06;··.· ·-------: .•.. 1" ... d , 

o .. ~.i:h~.-7~3~~.0- {e~g·-~-se~~-?4_;_~~-:20:05, ?j:¥~0:1~~--~~ 7~.·.36:20:1.3 thi0ugll_74_:36:20:15),an~ .. _.<, ."',-_:-.<-.: , . ..-,·.- .. -... , _-.-- . x,--,:o .. - .> • ''-'. .• -

P:§~~J1i~fJf;R~-~~-J--~·:,~~':~·.:~~}~?~{4~~:l:~~!, 7?_:36:2_1:~;-?4,;36:_2_1:0~ :a,nd 

~~-~~~--~::~-~~:~--f~~:-~-~-p~i~~~:~~-~~to~f$g·I~4~~- a. ~ierre (CapitOl Building); -50(1 E. Capitol Ave.; Room B12; StudiO_ A (1:00 p.m., centi-aJ time) 

h. ·Rapkl_ C_ity-~~5¥&,-,P; s_ol E. St. Jo_5e.pb St; Ciassr()!lm Building._~_oom 109 _(12:00 p.m., moun_tain:tiiiJ.e}:;;.'';··-:/' ·- __ <.':-'>-,";-. __ -_ :.:_,::.-.--_ '_:·-----:;_-,._,-,_>-. _.---·: c. SiouxFaiis-.(l[niVersiiy Center);~~ N: Careei AVe.;.~om FAD~;i~ (l;~ pin::;. Centia:I tliiie} :;._-·,,_:,_-~:--.?+-..: ;;;-_>,:<, ~':>':-~ _ _-_. ·'<::-.;-,-.-, · .. -_> :_._.--.-..--.-·:;,:··-:.<-".-> "- ' -~:' -::-n'>-.:.\::--.:·- ·:( · >, ·<--..- <_ 

&Wa~{hle_-~:~.!~::f-_~tmt~);_~ .. ~1~~-St;_.~~~~-:~~~ .. ~?-~_:fl=.IMJ: e. x:Jaeee;~=~ s~ U~ksitr);·l2~ ___ S:JaYSt~_¥d-ah--wuH+lm~:R~~ .. _I??": ' 

£ ~~!' {U:!:;~fSo~th ~ta); 414East Clark;' Delzell F.ducati~-~en~r. ~ 203-

{I:OOJu:ii.:,\;entraltime)- _,- . :----_, _ .-".'.--: ·-_>-- ·,·.-~ '. -____ :,-- / . .-.-<': <· _"·" 

g..MadiStJn (Dakota State University); 820 N. vy:~gton; Tech Ciassromn_Bpilding, Room 103 

h: i~~(m::;Skte utlive~ity); 12rn;\Jmver~i~-;~t; -~:;,·u~.-~~m~~On · (l1:oop.m,,Jriountaintiinel:' :~<:::· _c:;---c -' --<.-: _:·-_·.--_-,-:.>··_:>·· .::. ___ :--

;.The ~-ot~\~:~io~d:~-e~k~~~:~ h~-ili a1ovt revisions to-federat i~glli-~tiODsarut to 

! _fevise ~ obSolete and_ unnecessary statutes_,and rUles .. The reason for adopting the proposed. 

: amendments is to continue to have SoUth DakD.fis. "'.pollutio."'o. ntrol program. '.·rUles cOm_Ply with the federal regulations and to allow South _Dakota to maintain approval of its air quality program. · · ' -- · .,. ' 

i 

.~i~E~~\~~~;ft~t~~~~~' on May 15,_20l3;to he·_considered. ·· 

.- After tb.~ hCariiig, the lroard will consider all wrlfien and oral comments it receives on the : . proposed amendments. The board may modify :Of amend a proposed rule at that timi: t(l i.Uclude or fidude .matten; that are descn"bed in this notice. -' . : ' -- · 

Notice is further given to individ~als with di~t~es that this bearing is-being heJ~ in a~- ' cally acc-essible plitce. P.lease. notify the department. at least 4. 8 hours Defore th_e pub.lic hearing if .• 

you h."'. 'J"dru. needs for wbkh. • • "'. .""" •• """"""'. • • • ·• "' •• ••• .• •• m. ·•·ust be made. The telephone number for makillfH!pecial arrangefuents is (605) 773-3151.': 

Copies oithe·p~~~-~-~~-~ay_b~--ci~~~~~iliJ~t-~g~:from the 

~~~::t~#~~f;"~':,'~~~u~fs~"' (605) 773-315}: -':"--:_' ''':,-- .-::--.. _ :-- .:_ ._.::,: <-' . .': ', :~-:- ''• 

::"- · -- ~!even~~-~--s~~-~ 

De_Partment ofEnvironmeut and Natural Resouices 

1 Published tJncc at the total approximate cosl of287.84. 
Daily Capital Journal 

Attention Display Advertising 

P 0 Box 878 

Pierre, SO 57501-0878 

Dear Sir or Madarn: 

April19, 2013 

Please publish the enclosed Notice in your paper as a display advertisement for one 

issue on the 241

h day of April, 2013. 

South Dakota law requires that this notice be published as a display advertisement. 

Your failure to return your Affidavit of Publication containing the words "display 

advertisement" with your invoice will nullify your claim for publication fees. 

Please submit the Affidavit of Publication and invoice to: 

Department of Environment and Natural Resources 

Division of Environmental Services 

Air Quality Program 

523 E. Capitol, Joe Foss Building 

Pierre, South Dakota 57501 

A new state law (effective July 1, 2009) now requires that our public notices include 

additional language regarding the cost to publish the public notice. The line that must 

be completed with a dollar amount will now appear at the bottom of the public notice. 

Please indicate the dollar amount before publishing in your newspaper. 

If you have any questions, please contact this office at (605) 773-3151. 

Sincerely, 

Lita L. Magedanz 

Senior Secretary 

Air Quality Program 

Enclosure 
itnl 4jnurnnl 

AFFIDAVIT OF PUBLICATION 

State of South Dakota, County of Hughes 

\.'' 0(1 . ~ c'£ \ '< Ol ~ of said county, being, first duly sworn, on 

oath, says: That h~ is rhe publisher or an employee of the publisher of the Capital Joumai, a 

daily newspaper pu~hed in the City of Pierre in said County of Hughes and State of South 

Dakota; that he/~ full and personal knowledge of the facts herein stared, that said newspaper 

is a legal newspaper as defined in SDCL 17·2-2.1 through 17-2-2.4 inclusive, that said newspaper 

has been published within the said County of Hughes and Stare of South Dakota, fo~ at least one 

year next prior to the first. p.ublicari .. on ~f. the au::che~ publf'i notice, a~d that t~e legal/ ~.1spla advertisement headed "f\ ,"';_ ' sJ. f I '-\ · ~ \o f\ ' < 'r o \\ \};: \ D"' Co ... ~ ., <:.\-

c -r- VVl 1\Jo · ~ . ~ ~"'-\::X c '",. · o f'\Z~ v, s · \~ 

a prime copy of which, taken from the paper in which the same published, and which is herero attached and made a part of this affidavit, was published in said newspaper for 0 yy£. 

successive week(s) to wit: 

f\~,~ \ 'J_I..\ 20 n. RECEIVED 20 

20 NA~ o 8 zt/13 20 

20 20 

20 1iiR OlJAUTY 20 

20 

llRQGRAM 

20 

That the full amount of rhe fee charged for the publication of the attached pubiic notice inures to 

the sole benefit of the publisher or publishers; thar no agreement or understanding for the division , 

thereof has been made with any other person, and that no part thereof has ,been agreed to be _paid 

w any person whomsoever; that the fees charged for the publication thereof are: $ "':23 q, q 0. 

Signed: g.oCJe1 :, ai7'=> 

subscribed and sworn to before me this --'--- day of M C0· 20 )3. 

~t; 

Notaty Public in and for the County of--,:::::-'~~oe_ _ __,, South Dakota. 

My Commission expires , 20J5... 
;:~'~;;!,~~~: .;'~r,Ticii~oiliu'suc{ii•Jiii;j~i ·RuiiS~ ~ ;, ·.,.· ,~H~"--:, _ ;r\'i'r qv-,, •> ;.-~or :·-- --.·':"-!"f~<--,-'_ . . __ . · --"-"-·- _" _.;' -, ,t• :., ''"'th'i1Ti · _,\<' 

'theJk>arct _qtfVIin'ejals and EnvironJ;t:l~t will h()ld a;pU~1iC hearing on, May, 16, 201,3, atJ;OO,p.,m_;_ ~c~tral time,16 cOnsider the adoptidi:t8.nd amendmerit of proposed rules nurTibeied:. , 1 ; ·-' - ''/ - ' ' < • ', :::: ~· - c:- ' -- - \-- :~ -- ,- }i'. 

a. revising chapter 74:36'01 (e.g: reyising'sections (4:36:01:01}7 4'36:01 :05; an~ ' ' '\] 

,· 7 4:3§:01:20); . . . .• • .. .• ·" . . . , .b,, revising chapter 7 4:36:02 (e.g,· revising sec1iOQs 7 4:36:02:02.through 7 4:36:02:05); ,. , , .•. 

c,revisingallof9hapter74::J?:Q3; ,_ ... ·, .' •· ·' ..... , ·· '· d. revising chapter 7 4:36:04 (e.g. revising sections 7 4:36:04:04; 74:36:04,:05, 7 4:36:04:12, 

74:36:04:13,74:36:04:14, and 74:36:04:15); . . . . 

¢·revising chapter 74:36:05 (e.g. revising sections 74:36:05:04; 7 4:36:05:06, 7 4:36:05:07, 

74:36:05:16.01, 74:36:05:20.01, and 74:36:05:20.02); 

revising chapter 74:36:07 (e.g. revising sec1ions 7 4:36:07:01 through 7 4:36:07:07.01' 

• 74:36:07:09,74:36:07:10, 74:36:o7:12 through 74:36:07:28,74:36:07:31 through ·· 

. 7 4:36:07:34, 7 4:36:07:36, 7 4:36:07:37, 74:36:07:39 through 7 4:36:07:90; and adding 

sebtions74:36:07:91 and 74:36:07:92; 

(evising chapter 74:36:08 (e.g. revising sec1ions 74:36:08:01through 74:36:08:121); and 

adding sections 7 4:36:08:122 through 74:36:08:1130; 

revising chapter 7 4:36:09 (e.g. revising sections 7 4:36:09:02 and 7 4:36:09:03); 

r<lVising ci)apter 7 4:36:1 a (e.g. revising sectiops 74:36:10:02, 7 4:36:10:03.01, and 

74:36:1 0:\)5 through 74:36:1 p:08); and repealing,.Sebtons 74:36:10:09 and 7 4:36:10:1 0; 

iJ. revising chapt0r 74:36:11 (e.g. revising section 74:36:11:01); 

. ~. reVil'lhg chapter 74:36:12 (e.g: revising· sec1ions74:36:12:01 ttuough 74:36:12:03); 

... ' [; rcevising ?hapter 7 4:36:13 (e.g. revising sec1ions 74;36:13:6.2 through 7 4:36:13:04, 

· '. ,74:.36:13:08through74:36:13:08); '· •. . . · . . .· . 

'm:revising chapter 74:36:16 (e.g. reVising Sebtons74:36:16:b1' 74:36:16:02, 1'4:36:11>:04, 

.. :·a~9J4:36.:16:05); ' J .... 

:' ri. 'revising' chapter 7 4:36:18 (e.g. reyising s9ctions 74:36:18:04 through 7 4:;36:18:06, and 

,,: · V4:36:18:10through74:36:11i:12); '· · · <: .. · . · · .. , q. !"'!ising ci)apJer 7 4'.36:2a (e.~. revising sections;;' 4:36:20:05, 74:36:20:11, a~d 

" 74:36:20:13 through 74:36:20:15); and ; < : . , ' 'Pirc<'0~ing chapter 1'4:36:21 (e.g. revising sectibns· 7''1::36:2i:02, 74:36:21 :04, 7 4:36:21 :05, • · 

-~"~ 7 4:36:21 :09). J' 

The he.lfin9\vi11 be cOndi.J~ed via the Dig.ttal Dakota NetWOrk at the following locations 

· a, f'ierre (Capitol Bui!pingj: 590' E. Capitol Ave.; Ro~~ B12, Studio A (j:OD p.m .. , central, timej 

b. J;iapid Cil)i (SDSM&l); 501 E. $1;, Jbsaph St.; Classroom Building, Room109 (12:00 p.m., 

,_,_inountain tiiTJel . _ . . , 

c. Sioux Falls (University pente~;4801 N. Gareer Ave.; Room FADM 145 (1 :00 p.m., central 

. , )i'l),e) . . . . . .. d. Watertown (Lake !\r<la Technical lnst~ute); 230 NE 11th St.; Main Buildirig, Room 125 

(1:00 p.m., central time) · · .·. 

e. Aberdeen (Northern State UniversitY); 1200 s. Jay SJ.; B,eulah Williams Library, Ro0m 117 

(1 :00 p,m.,' central fime) . ·. , · 

f. ,;vef!T1i)lipn (UniversitY of South D~ota); 414 Eas( Clark; Delzell Education Cent~r, Room 

, :, 203 (1 :00 p.m., central time) . . ' 

g·,:· Ma~ison {Dakota State ~nivefsity); 820 N. WashinQton; Tech Classroom Building, Ro·om 

· 1 03 (1 :OJ) p.11]., central time) . . . 

h.:. Sp,earfish (B!ackHills State University); 1200 Unikersity Street; E.Y. Wbrary, Room LIBQ11 

-,--'(12:00 p.m., rripuntain_tlrne). ' '' ·' · · ' ' ; . ,, ' ... , 

:The _eff~"Of the Proposed;_amendrhents ~JVii( be td a db~_ ~sior)S, to fed9ralireciUiatlo~:s and 

to revi'~e. 9r$in., obsolete aft9.: pphecessary -~tutes a_~ rulE*)- ine ~n.for apopt~ng tQ_e · 

propb~~-.atn_endments is 195con~inue to h.av.e Sout~, ~~qta·s air P.ol!ution. contrOl, Program rules 

,_,ComplY, wi!.t't the federal reQulations and; to· alloW South; ~ota to fnaintal!i.approval pt .its air 

quality progfl\m. · ' · " ' : .,. ' ' ' -., ( '*' 

Persons)iit~~lili ib pffisenH~'g' da~. oP!~_iPhs. ariCI. argume~ fof:()r'agai\l_st the ProPoSe? , ~; · 

:ameOdmellts Vt,ay (jo sO by ap~~g.l_n Mrson at fft!e;J1earing or by ~Submfttln£lw!Jtteii ~iprnehts 

to the S()u~h Dakota· Departmeflt _.bf f:nv1~nm9ntand Naf~r8! Reso_u~:teS at the ~aill_n9,add~ :' 

)hat appecir$ below. MateriaLs8ntbY nlai(ffiust· rBaqhJJ€p_arfrt.en~ qy ~he close 'Qf b.~_si0E5s 'on''"}. , ,-;; 

May_-15, :20:1"3, to be corisidered.-' '" · · · .,~--- · · ' 9; -''· to-~- -' --

3/ i . 1, ·,· ?.·:-·;:.~ [<.?'-:· 

After th_~! ~~ng, the: board_ wJII.~oli_~ide~'~ifwntten an(r Ora.i" p_otn/nents ft ~-~~iVef;- ori:the~ ::,, -· 

pro~d cunendments. The· bpar'O m~y modifY. or amer:rd .a proposed_ rul.e·at thatti_ni.'?:to i'f:iCilfde'· ." orexcflrd~.[Jiattersthataredescribedinttlisil6tice. · -' , ·---····1 ,- '-- - --

Notice .. is fU:rther given to individuals with disabil~ies that1hiS_ih~aring is be-Ing_ ~ei~ in a physical~ · 

accesS_ibl9_ place. Please notify the department at leastA~ nours beforeth,e'.PlJblic hearing if yoU 

--,have spj3·c_ial n!*!ds. f9r ~hich special_ arrangements must be)TI_ad_e, The telephone· number for 

rnakiP._g_ ~p_ecia! atrangemen!:s is (605} 773-2151'. - -

'bopik C?f·t~S }>rOposec{~l~ inay be, obtained with~~ cli-~r9e ff9ht t.~~--

Ma~s Heidt, Eiigii:leer Ill> _ . t-: _ · '"~~~ ::_.:._, )_,-:. 

So_trth'Dakota_ e>wartr:nent of Environment and NaturalResources , 

. 523 East Capitol, ._Joe .foss Builping · 

Pierre, South Daisbta 57501 · · · (605) 773.-3151 . . . 

. steven M Pirner, Secretary 

Departr;ner:at of Snyir:smm~nt arid.:J:'la~ur~ f1~?sources , 

Publlshed·.a~ce-at the tm21 abbro~rhate-~0~ 01' $339:90:;_: 

1 

---! 
Rapid City Journal 

Attention Display Advertising 

P 0 Box450 

Rapid City, SD 57709-0450 

Dear Sir or Madam: 

April19, 2013 

Please publish the enclosed Notice in your paper as a display advertisement for one 

issue on the 241

h day of April, 2013. 

South Dakota law requires that this notice be published as a display advertisement. 

Your failure to return your Affidavit of Publication containing the words "display 

advertisement" with your invoice will nullify your claim for publication fees. 

Please submit the Affidavit of Publication and invoice to: 

Department of Environment and Natural Resources 

Division of Environmental Services 

Air Quality Program 

523 E. Capitol, Joe Foss Building 

Pierre, South Dakota 57501-3181 

A new state law (effective July 1, 2009) now requires that our public notices include 

additional language regarding the cost to publish the public notice. The line that must 

be completed with a dollar amount will now appear at the bottom of the public notice. 

Please indicate the dollar amount before publishing in your newspaper. 

If you have any questions, please contact this office at (605) 773-3151. 

Sincerely, 

Lita L. Magedanz 

Senior Secretary 

Air Quality Program 

Enclosure 
RECEIVED 

MAY 0 2 2013 

AIR QUALITY 

PROGRAM 

.ft_Jfitfavit of (}>u6fication 

S'I'.JIPE OP SOV1!f-{(]).Jl'l(aJ'}l 

County of Pennington SS: 

Laurie (])oyfe 6eing first aufy sworn, upon fiis/lier oatfi says: 'I'fiat 

fiejsfie is now ancf was at a({ time hereinafter mentioned, an 

empfoyee cif tlie iJ?,JLPJ(]) CFI1'JOVCRJI/)U, a corporation of(](apit[ 

City, Sout/i (])afi.gta, tlie owner ancf pu6{is/ier of tfie iJ?,JLPJ(]) CITY 

JOV(j(JI(}lL, a fega{ ana aaify newspaper printetf ancf pu6{zsfietf in 

CJ@pic{ City, in saitf County of Pennington, ancf fias ju(( ant! 

persona{ {,nowfetfge of arr tlie facts fierein statetf as farrows: tfiat 

saw newspaper is ancf at aff of tfie times fierein mentionea fias 6een 

a fegaf ant£ tfaify newspaper witfi a 6onafoie paw circufation of at 

feast Two Jfuncfrea copies tfaify, ana fias 6een printetf ant! pu6fisfietf 

in tlie P.ngfisfi fanguage, at ant! witfiin an office maintainetf 6y tfie 

owner ant£ pu6Eisfier tliereof, at CJ@pitf City, in saitf Pennington 

County, ant! lias 6een aamittea to tfie Vnitea States mai{ unaer tfie 

secant! cfass . maifing privifege for at feast one year prior to tfie 

pu6fication herein mentionetf; tfiat tlie atfvertisement, a printetf 

copy of wliicfi, tafi.!n from saitf CJ@pit[ City Jouma{, tfie paper in 

wfiic/i tfie same was pu6{isfietf, is attacfiea to tfiis sfieet ant! matfe a 

part of t/iis a vit, was pu6fisfiea in saitf p

0er once eacfi 

-:l='r-'<.p.,r...~.A-<'1:=,....--'"-- for lH\ successive 

~ ,.._ f#e first p fica!iol\ tfiere of 6eing on tfie 

----'~::...::..L--- tfay of ~ I ) fLA.A tliat tfie fees forget£ for 

t!ie pu6ficarJtfiere of are ctSo aorrars 

ancf . , . ents. 

/ \ 

Su6scri6etf ancf sworn to 6ifore me tfiis -=--~~Yi?-L--"-S6"------

aayof ~~u:L . Z0J;3. 

~//~?{:C , ~NotarypuGfic/) f'Vk./~ 

~ 2'fl/£ 

:My commission expires 
ARTICLE 74:36- AIR POLLUTION 

CONTROL PROGRAM 

NOTICE OF PUBLIC HEARING TO 

REVISE RULES 

The Board of Minerals and Environment will hold a public hearing on May 16,2013, at 

1:00 p.m. central time, to consider the adoption and amendment of proposed rules numbered: 

a. revising chapter 74:36:01 (e.g. revising sections 74:36:01:01, 74:36:01:05, and 

74:36:01 :20); 

b. revising chapter 74:36:02 {e.g. revising sections 14:35:02:02 through 74:36:02:05);-

c. revising all of chapter 74:36:03; 

d. revi.~j..r~g cj:laRtfi!L7A:a§.:Q4--(e.g_r_e.Yl?i~ _sections 74:36:04:04, 74:36:04:05, -r4:36:o4:i2, 74:36:04:13,74:36:04:14, and74:36:o4::rsy;·-------------

e: revising chapter 74:36:05 {e.g, revisil'fg sections 74:36:05:04, 74:36:05:06, 

74:36:05:07,74:36:05:16.01,74:36:05:20.01, and 74:36:05:20.02); 

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 thro:ugh 74:36:07:28, 74:36:07:31 throug]J 

74:36:07:34,'74:36:07:36, 74:36:07:37,74:36:07:39 through 74:36:07:90; and adding sections 74:36:07:91 and 74:36:07:92; 

g. revising chapter 74:36:08 (e.g. rel7ising"seetions 74:36:08:01through 74:36:08:121); 

and adding-sections 74:36:08:122 through 74:36:08:130; 

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, and 

74:36:10:05 through 74:36:10:08); and repealing sections 74:36:10:09 and 74:36:10:10;. 

j. revising chapter 74:3$:11 (e.g. revising section 74:36:11:01); 

k. revising chapter 74:36:12 (e.g. revising sections 74:36:12:01 through 74:36:12:03); 

I. revising chapter 74:36:13 (e.g. revising sections 74:36:13:02 through 74:36:13:04, 

74:36:13:06 through 74:36:13:08); 

m. revising chapter 74:36:16 (e.g. revising sections 74:36:16:01, 74:36:16:02, 

74:36:16:04, and 74:36:16:05); · 

·n. revising chapter 74:36:18 (e.g. revising sections 74:36:18:04 through 74:36:18:06, 

and 74:36:18:10 through 74:36:18:12); 

o. revising chapter 74:36:20 (e.g. revising sections 74:36:20:05, 74:36:20:11, and 

74:36:20:13 through 74:36:20:15); and 

p. revising chapter 74:36:21 (e.g. revising sections 74:36:21:02, 74:36:21:04, 

74:36:21:05, and 74:36:21:09). 

The hearing will be conducted via the Digital Dakota Network at the following locations 

a. Pierre (Capitol Building); 500 E. Capitol Ave.; Room 812, Studio A (1:00 p.m., central 

time) 

b. Rapid City (SDSM&T); 501 E. St. Joseph 81.; Classroom Building, Room 109 (12:00 

p.in., mountain time) 

c. Sioux Fans (University Center); 4801 N. Career Ave.; Room FADM 145 (1:00 p.m., 

central time) · 

d. Watertown (Lake Area Technical Institute); 230 NE 11th St.; Main Building, ROom 125 

(1:00 p.m., central time) · . 

e Aberdeen (Northern State University); 1200 S. Jay St.; Beulah Williams Ubfary,. Room 

117 (1:00 p.m., central time) 

f. Vennillion (University of South Dakota); 414 East Clark; Delzell Education Center, 

Roorri 203 (1:00 p.m., central time) ' 

g. Madison (Dakota S1ate University); 820 N. Washington; Tech Classroom Building, 

Room 103 (1:00 p.m;, central time) 

h.· Spearfish (Black Hil!s State University); 1200 University Street; E.Y. Library, Room 

L1B011 (12:00 p.m., mountain time) 

The etfect of the proposed amendments will be to adopt revisions to federal regulations 

and to revjse ceirtain obsOlete and unnecessary statutes and rules. The reason for adopting the proposed amendments is to continue to have South Dakota's air po!Jution control 

program rules comply with the federal regulations and to allow South Dakota to maintain 

approval o! its air quality program. 

Persons interested in presenting data, opinions, and arguments for or against the proposed amendments may do so by appearing in person at the hearing or by submitting written comments _to the South Dakota Departmerit of Environment and Natural Resources at 

the mailing address that appears below. Materia,! sent "by mail must reach department by 

the close of business on May 15, 2013, to .be considered. 

After the hearing, the board will consider all written and oral comments it receives on 

the propos_ed amendments. The board may modify or amend a Proposed rule at that time 

to include or exclude-matters that are described in this notice. -

Notice is further given to individuals with disabilities that this hearing is being held in ~ 

physically accessible place. Please notify the department at !east 48 hours before the public hearing if you have special needs f,% which- special arrangements must be made. The 

telephone number for making special atwngements is (605) 773-3151. 

Copies of the proposed rules may be obtained without charge from the 

Marlys Heidt,-Engineer lll 

South Dakota Department of Environment and Natural Resources 

523 East Capito!, Joe Foss Building 

Pierre, South Dakota 57501 

(605) 773-3151 

/s/ Steven M Pimer, Secretruy 

Department of Environment and Natural Res_ources 
Sioux Falls Argus Leader 

Attention Display Advertising 

PO Box 5034 

Sioux Falls, SO 57117-5034 

Dear Sir or Madam: 

April19, 2013 

Please publish the enclosed Notice in your paper as a display advertisement for one 

issue on the 24th day of April, 2013. 

South Dakota law requires that this notice be published as a display advertisement. 

Your failure to return your Affidavit of Publication containing the words "display 

advertisement" with your invoice will nullify your claim for publication fees. 

Please submit the Affidavit of Publication and invoice to: 

Department of Environment and Natural Resources 

Division of Environmental Services 

Air Quality Program 

523 E. Capitol, Joe Foss Building 

Pierre, South Dakota 57501-3181 

A new state law (effective July 1, 2009) now requires that our public notices include 

additional language regarding the cost to publish the public notice. The line that must 

be completed with a dollar amount will now appear at the bottom of the public notice. 

Please indicate the dollar amount before publishing in your newspaper. 

If you have any questions, please contact this office at (605) 773-3151. 

Sincerely, 

Lita L. Magedanz 

Senior Secretary 

Air Quality Program 

Enclosure 
CU,8TOMER 

NUMBER: 078340 Argus Leader 

NUMBER: 1413381 P.O. Box 677349, Dallas, TX 75267-7349 

RUN DATES 4/24,2013 

Department of Environment and Natural Resources 

Division of Environmental Services 

Attn: Lita Magedanz 

Air Quality Program 

523 E Capitol Ave., Joe Foss Building 

Pierre, SD 57501 

I AMOUNTDUE:I$135.17 

E-~~~9.!.~~-~!Y.~-~~~-~!!!.~ .. ~.!'~~~-~---·················-··-·····················- ···························-· ... ·--· ·---~~2-:~!!!.~~-!!!:.'.?!:!.~9.:~r.!.. 

NOTICE OF AIR POLLUTION CONTROL 

AFFIDAVIT OF PUBLICATIONCustomer Number: 078340 Division of Environmental Services 

Invoice Number: 1413381 

Argus Leader 

AFFIDAVIT OF PUBLICATION 

STATE OF SOUTH DAKOTA 

COUNTY OF MINNEHAHA } ss 

Linda Schulte being duly sworn, says: That The Argus Leader is, and 

during all the times hereinafter mentioned was, a daily legal 

newspaper as defmed by SDCL 17-2-21, as amended published at 

Sioux Falls, Minnehaha County, South Dakota; that affiant is and 

during all of said times, was an employee of the publisher of such 

newspaper and has personal knowledge of the facts stated in this 

affidavit; that the notice, order or advertisement, a printed copy of 

which is hereto attached, was published in said newspaper upon 

Wednesday ,the~ day of 

_____ ,the day of 

RECEtVEfr day of 

APR 2'~e 2613- day of 

AIR QU~l+¥-- day of 

PROGRAM . ____ ,the __ day of 

____ ,the dayof 

April 2013 ' 

2013' 

2013' 

2013' 

2013' 

2013, 

2013' 

and that $135.17 was charged for publishing the same 

My Commission expues December 22, 2015 
ARTICLE 74:36 · AIR POLLUTION 

CONTROL PROGRAM 

('IOTICE OF PUB'JC 

l::IEARING TO REVISE RULES 

]he Boartl of Minerals and En· 

,~Ironment will hold a puplic 

heanng on May 16, 2013, !J.I 

J.;OO p.m. cerrtral lime, 1o con.- • 

Sider the adop).ion an,d amend-. :inent of pr~sed rules num-. 

bered: 

a revising i:hapter 74:36:01' 

(e.g. revising sections 

.;:~:~gi~~); 74:36:0tPS., and 

, b. revising chaplet~ 74:.36:02 {e.g. Tevisirlg sep!lons 

74:36:02:02 thJ;ough 

74:36:02:05);. 

c. revising all ot cl)apter 

7'4:36:03; 

,. d. revising chapter :74:36:04 

'{e.g. revising sections 

74:36:04:04, 74:36:04:05, 

'74:36:04:12, 7.4:36:04:13, 

74:36:04:14, and 71:36:04:15); 

e. ·revising ch<Jj_?ter ?4:36:05 . (il.g.. revisinQ·~·. sections 

'74:36:05:Q4; . 14;36:0~:06, 

~74:35:o5:o7.'. 74:as:os:-ts.ot,-' 

74:3s:o5:2o·.pr, . •· and; 

'74:36:05:20.,P?); : ' . ' 

. f. revising .. c(la?Je.r 7.4:36:07• (e.g. revrSing ·seCtions ,' 

74:36:07.'()'1 · ·'.;.through 

74:36:07:07.0\", '74!.3"6:97:09, 

74:36:07:10, 74:36~07:12 

.111rough ·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 

!hrough 74:36:Q7:9j); an.d add-· 

ing seclicms 7 4:36":01:91 and , 

74:36:07:92; 

g. revising chapter 74:36:08 

1~>'.g. revising· sections · 

7 4.: 3 6: 08; 0·1·1 h rough 

74:36:08:121); and adding sec-

'tions 74:36:08:1'22 through_ 

,74:36:08:130; ' ' 

h. revising chapfer 74:36:09 

1e.g. revis~ , secllons 

;14:36:09:02 and 7'\:3!):09:03); i. revising chapfe!_· 74'.36:10' 

{e.g. rev'1sing sections 

?4:36:10:02, 74:36:10;03."01: 

and 74:36:10:05 through 

?4:36:10:08); and, repimling 

secnons 74:36:1"0:09 and 74:36:10:1{1; . 

ji. revising chapter· 74;36:11, 

(e.g. revisii'~g : ,.,sectjo_n: 

/:4:36:11:01); '. 

k. revising chafllef ?:4:36:12. 

(e.g. . revisi.ng' sections 

74:36:1'2:01 .t~rpugh , 

74:36:12:03); 

I. revising ,chapter~ 74:36:13 (e.g. rev!sing:,~. -· sections 

'74:36:13:02 ;~".,] t~rough 

74:36:13:04, 74:36:13:06 

1hrough 74:36:13:rf$); 

./n. revising .cPaPte~ 74:36:1'6 

·(e,g. revis1ng- sections 

74:36:16:01.' 74:36:16:02, 

74:36:W:04, and 74:36:16:05); 

'n. reVising· chapter 74:.36:18 

~e.g. revisirg' sections 

]4:36:18:04 through 

7.4:86:18:06, and 74:36:18:10 

11)fough 74:36:18:12}; 

o: revising chapter 74:36:2{) 

{e.g. revising sectfons 

74:36:20:05, 74:36:20:1'1, and 

74:36:20:13 thrmgh 

'74:36:20:15); and 

• p. re~~ising chapter 74:36:21 

(e.g. revisir~g sections 

74:36:21:02., 74:36:21:04, 

74:36:21:05, and74:36:21:09) . 

. The hearfng wm be conducted via the Digital Dakota Network-at the following _locations 

a. Pierre (Cap1\o\ Building); 

~~ ~ ~a~it~~ -~1/e.; Room 

\lt!_m!l) 

::p: Hapfd' Ci~ (SOSM&T); 501 St. Joseph St.; Classroom 

puilding, Room 109 (12:00 

p.m_, mountain time) 

c. Sioyx Falls {Un\vemityCent~r); 4801 N. Career Ave.; ~oom FADM 145 (1:00 p.m-, 

':entrat time) 

-d. Watertown (Lake Area 

[echnical "ln:sttlute); 230 NE 

\lth St.; Main Buildirg, Room 

!.25 (1:00 p.m., centraftime) 

e. Aberrleen {Northern Stale 

Jniversity); 1200· S. Jay St.; 

?eulah Williams Uj:lrary, Room 

117 {1:00 p.m., centra,l.time) 

t Vermillion (University o! 

South Dakota); 414 Ea:;t Clark; 

Delzell Education Center, 

Roam 2iJ3 (~:00 p.m., central 

ttme) 

g. Madiso!) {Dakota Sia).e U~i, l 

'· Tech ersity}; Classroom 82. • .. N. Wash1ng\Cin; Building, I . 

:Boom 103 (1:00 p.m., central 

~me) 

h. Spearftsh (Slack Hms Slate A 

q.lniversily); :. 1200 Universi\Y,,J 

Street; E.Y. Library, floonq 

~1)011 (12:00 p.'ril~ mountain; 

"time) 

• The eff.ect ol, ttle proposed 

'Cimendments will be to adopt 

!OVlsions to federal (egulations 

~nd to lll\lise certaii1 obsolete 

arid unnecessary statutes and 

rules. The reason lrn adopting 

.-the proposed amendments is 

''lo contimle to have South Ua-

;1\ol<t's air poUtJiion. control pro-·' 

gram rules comply willl lhe 

tederal regulations and to all~· 

.South OakoJa to l]lain)ain ap- _,proval of its a1r quality pro- , gram. 

, · P.ersonsiliJerestedinpresent-

:ing data, q>inions, and _arguments for or against the proiposed amendments may do so tJy appearing in person at ltle 

·hearing or by subrnitling writ4en comme~lS to the South Da~·j 

!10ta Department of Environ, 1 

jnent and Natur~ 'ReOOIJIC$ at 1 lhe mailing address that ap-j 

'Pears beiQ'!I'. f\'la!e~al. sent ~:. 

maif must reac~ d,epartmen\·.b¥ 

the clOse. of business Of)· May 

J5, 2.013, to be considere~. 

After the lleru:ing; the board, 

)'>'ill consider all' written and oral comments it r.ece[ves on the 1 

proposed amendments. .The• 

boar.d may modi'ty or amend a j 

propDSI'ld rule_.at that.ti)l1e.to ,in-] 

elude or excl~de ma,tters th. "j are described in this notice. ; 

Notice is jurthef given 'to fnc!i" j !flduals with disab1ll1ies that 1 

this hearing: is bein.Q OOid in. a i 

,physicaliy _accessible 'place,! Please notify tre department at i 

least 48 hoUrs .before the Pub· i lie hearing if yqu have sp.ecia\ : 

needs lor which special ar · 

rangements must ~e made. 

The telephone n.utnbef for 

making special arrangements 

1_s (605) 773-3151. 

Copies o1 the proposed rules 

maY be . obtained without 

ctlarge lrom ttte 

-Marlys Heidt, Engineer Ill, 

SOulh Dakota Department ol 

":Environment and Natural Re-

,source"s, 52.3 East C<i.pilol, Joe 

foss auiltiing, Pierre, South. 

Dakota 575P1, (605)773-3151-· 

-·sta~~en M p;~"Sffi:retary 

Departrrmnt of Environment 

and ~atural flesources 

Published once al the total aporo~imate cost Gf $135.17. f413381 1 llpri124, 2013 
Black Hills Pioneer 

Attention Display Advertising 

315 Seaton Circle 

P 0 Box 7 

Spearfish, SD 57783-0007 

Dear Sir or Madam: 

April19, 2013 

Please publish the enclosed Notice in your paper as a display advertisement for one 

issue on the 24th day of April, 2013. 

South Dakota law requires that this notice be published as a display advertisement. 

Your failure to return your Affidavit of Publication containing the words "display 

advertisement" with your invoice will nullify your claim for publication fees. 

Please submit the Affidavit of Publication and invoice to: 

Department of Environment and Natural Resources 

Division of Environmental Services 

Air Quality Program 

523 E. Capitol, Joe Foss Building 

Pierre, South Dakota 57501-3181 

A new state law (effective July 1, 2009) now requires that our public notices include 

additional language regarding the cost to publish the public notice. The line that must 

be completed with a dollar amount will now appear at the bottom of the public notice. 

Please indicate the dollar amount before publishing in your newspaper. 

If you have any questions, please contact this office at (605) 773-3151. 

Sincerely, 

Lita L. Magedanz 

Senior Secretary 

Air Quality Program 

Enclosure 
REGEIVI:U 

APR 2 9 2013 

AIR QUALITY 

PROGRAM 

Affidavit of Publication 

STATE OFSOUTHDAKOTA: 

COUNTY OF LAWRENCE: 

Letitia Lister of said County and State being first duly sworn, 

on her oath says: That the BLACK HILLS PIONEER is a legal daily 

newspaper of general circulation, printed and published in the City of 

Spearfish, in said County and State by Letitia Lister, and has 

been such a newspaper during the times hereinafter mentioned; and 

that said newspaper has a bonafide circulation of at least 200 copies 

weekly, and has been published within said County in the English language for at least one year prior to the first publication of the notice 

herein mentioned, and is printed in whole or in part in an office maintained at the place of publication; and that I, Letitia Lister, tjle 

undersigned, am the Publisher of said newspaper and have personal 

knowledge of all the facts stated in this affidavit; and that the advertisement headed: 

a printed copy of which is hereto attached, was printed and published 

in said newspaper for L successiv~ <gld consecutive weeks, the 

first publication being made on the ~y of Apo•[ , .;:).0!3, and 

the last publication on the day of , that the full 

amount of fees charged for publishing same, to-wit: The sum of 

$ 39lt35, insures solelyto the benefit of the publisher of the BLACK 

HILLS PIONEER, that no agreement or understanding for a division 

thereof has been made with any person and that no part thereof has 

been agreed to be paid to any other person whomsoever. 

Notary Public, Lawrence ounty, South Dakota 

My commission expires: 10-24-2016 
ARTICLE 74:36- AIR POLLUTION CONTROL PROGRAM. 

NOTICE OF PUBLIC IJEAlUNG TO REVISE RULES 

The Board of Minerals and Environmerifwift.hold a public hearing on May 16,2013, 

at 1:00 p.m. central time, to consider ~~:_ado,PtiOJ\ ~_d amendment of proposed rules 

~ numbered: "' ,, ; · _ ··.>.:_ < -

- a. revising chapter 74:36:01 (e.g. revising seCtions 71:J6:01:01, 74:36:01:05, and 

74:36:01:20); .·.·.·. < \ . ·.·· ..• 

b. revising chapter 74:36:02 (e.g. mnsmg ~74~:02:02 through 74:36:02o05); 

c. revising all ofchap~er 74?6:03; :_" ----~-.r--_--' r .. -,:-:-_:_->:'- .>_-;,:-,., 

d. revising cb'apter 74:36:04 (e.g. re+g,_~ci~7-4~_6:04-~04, 74:36:04:05,}4:36:04:12, 

74:36:04:13, 74::J6:04:14,and 74:36:04:15);• , ... · 

e. revis~g chapter 74:36:05 {e.g. revising seqions 74:36:05:04,74:36:05:06,74:36:05:07, 

74:36:05:16:01;74:36:05:20.01, and 74:36ili:20JJ:Z};. . 

f revising chapter 74:36:07 -(e.g. revising sec!h)ns 74:36:07:01 through 74:36:07:07.01, 

74:36:07:09, 74:36;07:10, 74:36:0f:12 through/4:36:07:28,74:36:07:31 through 

74:36:07:34,74:36:07:36,74:36:07:37,74:36:07:39 through 74:36:07:90; aod adding 

sections 74:36:07:91 aod 74:36:07:92; . . • · 

g._ revising ch~pter 74:36:08 (e.g. revising sedtions 74:36:08:01tbrough-74:36:08:1i1)'; 

and adding sections 74:36:08:122 through 741'36:08:130; 

h. revising chapter 74:36:09 (e.g. revising s~ons 74:36:09:02 and 74:36:09:03); 

i. revising_cluipter 74:36:10 (e.g. reVising s~ons 74:36:10:()2, 74;:36:10:03.01, and 

74:36:10:05_ tbr~ugh 74:36:1D:gs); aodr~_aljng sections 74:_36:10:09 .and 74:36:10:10; 

j._._ revising cHap~e_r 74:36:11.(e.g. re11i&in~ -~n 74:36:11:01); _ _ · 

k. revising chapter 74:36:12 (e.g. revising _se<ltions 74:36:12:0lthrough 74:36:12:03); 

1 .. revising chapter 74:36:13 (e.g. revisiitgsections 74:36:13:02 through 74:36:13:04, 

74:36:13:06 thr~Ugb 74:36:13:08}; 

in. revising chapter74:36:i6 (e.g. revising seCtionS 74:36:16:01,74:36:16:02,74:36:16:04, 

aod 74:36:16:05); : 

n. re:vWng_ch,apter 74:36:18 (e.g: revising sections 74:36:18:04 through 74:36:18:06, and 

74:36:18:101:hfoiigh74::J6:18:12}; :· . 1

, ..•• ·•• •.. · .. · , • • 

o. _revis~g chapter 74:36:20 (e.g._reyising ~ons ,74:36:,20:05.74:36:21,):11_, and 

74:36:20:13 lhroligh 74:36:20:15);and + .· : • · 

I'· .r~vising c/!"P!er74:36:21 (e.g. revising se<ltions 74:36:21:02,74:36:21:04,74:36:21:05, 

and74:36:21:1J9). . · · ·. •. .. • 

The- hearing Will be 'conducte,hia the Digiu;i_Dakota Network at the following 

locations" . __ ;_-:,... __ 

a Pierre (Capi!ol I!ullding);SOO E. Capitol~ve.; Romn 1!12, Studio A (1:00 p.m., 

~n~ tiro:e)_,--- _. . ___ .___ _ . __ _ _ __ ,_ <- _- .. __ __ _ . __ .. __ .-

b. Rapi~ qty (SDSJI1&T);.501.E. St. JOSO]JiiSt.;Classroom I!uilding, Room 109 (12:00 

p:~-~~0~~-tin,t~) -_ ... - -~- - - :! ' 

c.·:·SiouxFalli;_ (Utrlve.is~~ .. Center); 4801.-.N-direer A.V~; Room FAJ:)M 145 (1:00 p.m., 

central time)·.-.:-: ... - : '.--" _ . _ --: 

d. Watertown {L3ke Area 'J:"echnical Institn.te); 230 NE 11th S~.; ¥affi Btrilding, RoOm 

1~(1:0QP.IJ.l·•centra]tim~) • :: • . . ..... ·. 

e. Aberdeell..(N~itJi~~---~fate V~iverSityj; ~00- S. Jay St._; Beulah W~ -LibriD-y,_ 

Room117(1:00J).ffi:{centfaitime) __ ~- __ ~ · _: 

f :_Venoillion (lJiliv~rsiiyof South Dak:_ota);-;<114 'East Clark; DeJz_ell EdUcation· Center, 

Room203-(1:00p.m.,_centraltime) _k,::-:-.'-:>-,-:0--. ----<--· --:: .-. __ 

g._:Madiso~ (DakoJa Stat~ UI,Ji:yersity); 820 *.-:Waslrington; Tech __ a_assrO(}m BuildiniRoom 103 (1:00 p.m.; central time) _; 

h. Spearfish (Black Hills State University); t20o University-Street; E.Y. Library, Room 

LIBOll (12:00 p.m., mountain time) 

The effect ~f the proposed amendments wiU.beto adopt revisions to federal 

regulatiOns aDd_ t()_revis~ ce~ obsolete a~d ~~statutes and rules._ The 

r~cm for adOpting the prop()Sed amCndmeD_ts_is tO· continue to have Souih Dakota's 

, aii pollutioil-tX>_ntrol p,rogmm iyles comply_~~ the federlu regUlations and to allow 

South Dakota to, ~tainapproval of its ai:f quality program_~ 

Persons interest~~-~ ~~~Dting data, opiniOns, and ~g11lllents for ·or against the 

proposed amen~en~-~¥ dO so by appearing in person,-~t_the_ hearing or by 

subm_itting writtin co~nts t(l ~e South J?ak()ta DeParl!Dent of Environment and 

Natuihl Resources_ at_ _the ~ailing address tll~~-~ppearsbelOw. Mate~ ~nt py mail 

IDl.lSt reach Oepartment by the _close of b~~~:.()n May 15,2013, to.be_'c~nsidered. 

After the he"aring, the board will consider ali:~tten and oral COJ11I!lt?Dts it receives on 

the proposed amenctmen~ The_ board n:iay_ipo_'*r_or amend a propOsed rule at that 

time to include or ·exClude matters that are &Sclibed in this notice. · , 

Notice is further given to individuals with ~abilities that this hearing is being held in 

a physically accessible place. Please notify the department at least 48 hours before the 

public hearing if you have special needs for Which special arrangements must be made. 

The telephone number for making special a~·rangemepts is (605).?73·3151. 

COpies of the proposed rules may be obiain~d With~ut charge-from the 

Marlys Heidt, Engineer ill 

South Dakota Department of EnviroOIILent :and Natural Resources 

523 East Capitol, Joe Foss Building , - - · 

Pierre, South Dakota 57501 

(605) 773-3151 

Steven M Pirner, Secretmy 

Department of Environment and Nat"ural Resources 

Published once at the total approximate cost of $39435. 
Public Opinion 

Attention Display Advertising 

120 3'a Avenue NW 

P 0 Box 10 

Watertown, SD 57201-0010 

Dear Sir or Madam: 

April19, 2013 

Please publish the enclosed Notice in your paper as a display advertisement for one 

issue on the 241

h day of April, 2013. 

South Dakota law requires that this notice be published as a display advertisement. 

Your failure to return your Affidavit of Publication containing the words "display 

advertisement" with your invoice will nullify your claim for publication fees. 

Please submit the Affidavit of Publication and invoice to: 

Department of Environment and Natural Resources 

Division of Environmental Services 

Air Quality Program 

523 E. Capitol, Joe Foss Building 

Pierre, South Dakota 57501 

A new state law (effective July 1, 2009) now requires that our public notices include 

additional language regarding the cost to publish the public notice. The line that must 

be completed with a dollar amount will now appear at the bottom of the public notice. 

Please indicate the dollar amount before publishing in your newspaper. 

If you have any questions, please contact this office at (605) 773-3151. 

Sincerely, 

Lila L. Magedanz 

Senior Secretary 

Air Quality Program 

Enclosure 
Watertown Public Opinion 

AFFIDAVIT OF PUBLICATION 

STATE OF SOUTH DAKOTA 

COUNTY OF CODINGTON } ss 

MarkS. Roby, being duly sworn says: That Watertown Public 

Opinion is, and during all the times hereafter mentioned was, a daily 

legal newspaper as defined in SDCL 17-2-2.1 through 17-2-2.4, as amended, 

published a! Watertown, Codington County, South Dakota, by Watertown 

Public Opinion; that affiant is and during ali of said times was an employee 

of the publisher of such newspaper and has personal knowledge of the 

facts stated in this affidavit; that the notice, order or advertisement, a 

printed copy of which is attached, was published in said newspaper upon: 

--~W~e~d~n~e~sd~a~y ____ ,the _ _c2::::4'-"th-'-_day of ____ A=pr"-il,_ __ 2013, 

that the full amount of the fee charged for publishing the same, including a 

$5.00 affidavit fee, to-wit, the sum of$390.80 insures solely to the benefit of 

the publisher of said new_spaper; that no agreement or un?erstanding for the 

division of the fee has been made with any person, and that no part of the fee 

has been agreed to be paid to any other person. 

Subscribed and swo/(;1 me th~s 7/ d:y /JfApr/\)013., / 

· · (Seal) 1_ YAVJJJY_ ( J~lfrv[LJ c./ Notary Pu'fufc, -outh Dakota 

My commission expires June 28, 2017 

RECEIVED 

MAY 0 6 2013 

AIR QUALITY 

PROGRAM 
Watertown Public Opinion 

AFFIDAVIT OF PUBLICATION ~----~~~~--~~~~~, 

ARTI(;65Ji~8ft~~~~~~lJTION . . . .. NOTICE OF PUBLIC HEARINGTO REVISE RULES 

Th9 Bo~r~ of Mineral~ ai-td EnvironiTJ~nt wilf ho1q a p-ubHC hearinQ on~ May 16,_2013, at t:OO p_.m. centra_l"time, to cOnsider the adoption and 

amendm8ht of prop:oSed rules [lUmb~fed: 1·. -- _ 

~ revising __ chapter ?4.:36:01 (e.g~ revising. sections<('4_:36:01:01i 

74:36:0t05, a~d 74:36:01:20),;, . . • revising chapter 74:36:02 {e.g_;,'"reviSing sectionS 74:36:02:_Q2 thrOugh 

74:36:02:05); : . . . 

• rev\sing all of chagter 74:36:'03; 

• tevising chapter 74:36:04 {e._g. revisin'g se~tiqhs )'4:36:04:04-~ 

. ~!~~~~~:~g);74:36:04:12, 74:36:04:_13,_ 74:3(3_:'9-4:14, and 

~_revising chapter 74.:36:05 (e:g. revising-Sections 74:36:05:94, 

" 7 4:36:05:061 · 7 4:;36,:05:07 ,_ 7 4:36.:05:16.01., 7 4_:36:05:20.01, and 

74:36:05:20,02); . ' . . •'·revising c~apter 74:36':07 (e.g. revisini;r sectiOns 74:36:0?;01 through 

74:36:07:07,01,74:3.6:07::09,74:36:07:10,74:36:07:12 through 

74:36:07:2~, 74:36:07:31 through 74:36:07:34,74:36:07,:36, 

74:36:07:37,74:36:07:39 through 74:36:07:9Q;·and adding sections 

74:36:07:9.1 an9 74:36:07:92; _ , 

• revising.'chapter 74:36:08 (e.g, revising sections 74.:.3..S:08:01through 

,74;:36:0,8:12'1); and adding sections 74:36:08:122 through 

7 4:36:08:1'30; ' 

':c:>:revising:chapter 74:36:09 (e.g. revising sections 74:36:.09:02 and 

74:36:09:03); 

_•·-reXising 9haP~er 74:36:i0 (e.g. ~eV!sing sectiqns 74::l6:tQ:02, 

74:36:10:03.0.1, a11d 74:36:10:05 t~rou'gh 74:q6:10:08); p.hcf r~pealing 

sectiorlS .74:36:10-:09 and 74:36:10:10; · 

• reVising chapter 74:36:1.1 (e.g. re\tisi_ng section, 74:36:11.:0-1.}; 

• revisin'g chapter 74:36:12 (e.g. revising sectioris 74:36:12:01 through 

. 74:35:12:03); 

,. revising ~hapte'r 74:36:1.3 (e.g. revising sections 74:36:13:92 through 

;; 74;36_:13:04, 74:36:13:Q6 throUgh_ 74:36:13:08); .. ;_ · 

,•jev:isiilQ c~apter ?;4:36:1.6 (e.g. revising se0:ions 74:36:1;6:01, 

74:36:1!3:02,74:36:16:04, and 74:36:16:05); . · , . , 

·· • ..· reitisinQ.9h_apter74:.36:i.8 (e;g:}!=wising sections ("4:36::18,:04 .th.~Pu ... gh 

74:36:18jQ6. and 74:36:-1jl::W_~~roUgh 74:36_:·1_8:12); '' .~· 

·revising ~h<iPJe~ ,74.:.:,36:20 ~e. 9 .. :revis!_P~ s~ctions 74:_sstzp:os, 

74:36:20:1.1-, ~nQ, ?fl-:3?:20: 13 throug_ti 7 4:36:2p: 1'5); ard 

•, revisih_g chapter74:36:21 (e.g. revising sections 14:36:21:02, 

:; ;:4:36:21 :04: 74}6'21 :05, and 74:36:21 :0~). ·. . . 

·:T~e,hea-rin·g_:V\'ill bEl~ conducted via· the· Digit8:1 o"akota.N.e~pfk a:! t~~: fol7'· 

·_l_oWi,ng·lopatipns- _, ··:~,; ;;,_ ' : , ;: . _, .. -~ __ }i:--:··:,v 

-~ Pi_err'e ~capitol ~ull~ing); 500 E. Capitol Ave.;,Room 8"t-2;·stUs:tio.'Pi'(1 ;00_ .. 

p.m.,_ central timet · . , , ,. · .. · .. ,,,1 · •. >,., .. , • Rapid-City (SDSM&T); 501 E. St.Joseph St.; Classroom.Bt~ilding; Robrn_ 

109 (12:00 p.m~. iTioyritBin time)-~ _. ·. ·_-':; 

• Sioux Faf!s (Upbtersity Center); 4801 N. Career Ave.; Rqor:n fADM 145' 

;(1_:00 p.m'.,:central.tim'e) _ ~- · 

;, Vl1atertoW'n,(Lp.~e.-Area Technical Institute); 230 NE 1-1th E)t:;_ Main Build-

,_i~g, Roofil 't_~5Ji :oo p.m., cerltrart_im.e} :; . si:.: . -~·-Aberdeer) (Nof1:hem-!3t,ate Un_i~ersify); 1200 S. Jay St.; 1;3~ul8t:! Williams 

Ubrar):'; ·Room_- t17 (-1:00 p.in_., Centtal tim~) i ,. __ : . ___ ·. ~_y-eu;ni!lion. ~V'1.i'{ersity of SouttJ· DakOta}; 414 Ea.st Clark; qelz£i!!ll~duCa-, t1on .. C.enter,:Room 203. (1_:00 p.m., central time), .. _·. _ _· 

·•· MadiSOh-(Da~O_ta Sta'te· Univer~tty); 820 N. Washington·; T~h Classroom 

, -~-~ildirlg, RCJofn: 1_·p_3 (1 :00 p.m., central time) __ ,___ _ · ··, 

.--~ Spearfish_-{8!9-cktfills State University); 1~0~- Uf]ivers!ty'Sti"eet;_ E._Y\Li-

~!arY .. : Room,_ L_IB.Q11 (12:00 p.m.:, mountam t1me) _. -_., -

1 • 

· T11e effe_s.t oJ the pi:oposectamenctments ~m be to adopt reyisions to_: ted-.-

era_t -fegulations and to revise, certain obsolete and t!f)neceSSary statut~s 

a_nd_rules. The r~ason._tor adopting_· the prpposed am13:ndments.is. to _c_ol")~ 

ti_nue to ._have SoUth! Dako_ta'S air'. pollution .control ·P!OQ~l!l rules:. cc;>mply_ 

Wit~ th_e federal r~gulations and tb allow: South. [)_akota,t(). niaif)tain ap,-. 

proval of its air quality program. · · ~: 

pe:rson_s inferested in presenting: data:, opin1mi's, ana· arg_~i-n'en·-ts ·f~r of 

against the pr?posed amendments may do so by appearing in person at 

t_h_e hearing or by submitting written comments to the South Dakota Dep:artmenf of Environment and Natural Resources at the mailing address 

that appears_tie!ow. Material sent by mail must reach department by the 

dose of business on May 15, 2013, to be considered. 

After the heating, the board wil! consider all written and oral comments it 

receiyes on the proposed amendments. The board may modify or amend 

·a proposed rUle ·at that time to inclUde or exclude matters that are described in this notice. 

Notice is further given to individuals with disabilities that this hearing is 

being held in a physically accessible place. Please notify the department 

at least 48 hours before the public hearing if yoLJ have special needs for 

wh'ich special arrangements must be made. The telephone number for 

making Special arrangement_$ is (6D_5)_ 7:J:3-3151, 

COpies of the pl'oposed rules-may be obtained withoUt cha:rg'e.trom theMarlysHeidt, E~gjn_ee~_IH · , -_· ._ > _ ., . · South Dakota_Departmen'tof Environment and NatUral Resources 

523 East Capitol, J_oe. Foss Building -. · " 

Pierre,.South Dakota57501 ;,..( · 

(605) 773-3151 c>· 

Steven M ~ir,ner, Secretary .3 90" ~ <:) 

Departmen! o\; E~viro.nrhent and Natllfat Besources 

Published orip€; at the'-totci.l apProximate cosf pf $385.80-. ~ ' -

RECEIVED 

MAY 0 6 2013 

AIR QUALITY 

PROGRAM 
Daily Press & Dakotan 

Attention Display Advertising 

319 Walnut 

P 0 Box 56 

Yankton, SD 57078-0056 

Dear Sir or Madam: 

April19, 2013 

Please publish the enclosed Notice in your paper as a display advertisement for one 

issue on the 24th day of April, 2013. 

South Dakota law requires that this notice be published as a display advertisement. 

Your failure to return your Affidavit of Publication containing the words "display 

advertisement" with your invoice will nullify your claim for publication fees. 

Please submit the Affidavit of Publication and invoice to: 

Department of Environment and Natural Resources 

Division of Environmental Services 

Air Quality Program 

523 E. Capitol, Joe Foss Building 

Pierre, South Dakota 57501 

A new state law (effective July 1, 2009) now requires that our public notices include 

additional language regarding the cost to publish the public notice. The line that must 

be completed with a dollar amount will now appear at the bottom of the public notice. 

Please indicate the dollar amount before publishing in your newspaper. 

If you have any questions, please contact this office at (605) 773-3151. 

Sincerely, 

Lita L. Magedanz 

Senior Secretary 

Air Quality Program 

Enclosure 
AFFIDAVIT OF PUBLICA T/ON 

YANKTON DAILY PRESS AND DAKOTAN 

Department of Environment and Natural Resources 

Division of Environmental Services 

Air Quality Program 

523 E. Capitol, Joe Foss Building 

Pierre, SD 57501 

STATE OF SOUTH DAKOTA 

COUNTY OF YANKTON 

..cK:::E:_::L:::LY-':-':H:::E::.;Rc,:.T;,:Z_=-:-=--BEING FIRST DULY SWORN ON OATH DEPOSES 

AND SAYS THAT HE IS THE MANAGING EDITOR OF, YANKTON 

MEDII'\ INC, A CORPORATION, THE PRINTER AND THE PUBLISHER OF THE 

YANKTON DAILY PRESS AND DAKOTAN, A LEGAL DAILY NEWSPAPER 

PUBLISHED AND CIRCULATED IN THE CITY OF YANKTON, SAID COUNTY 

AND STATE, AND ONE OF THE OFFICIAL NEWSPAPERS OF THE SAID 

COUNTY OF FACTS STATED IN THIS AFFIDAVIT; THAT THE ANNEXED 

Air Pollution Control Program 

TAKEN FROM THE PAPER, IN WHICH IT WAS LAST PUBLISHED IN THE 

NEWSPAPER ON THE 24th DAY OF April 2013 

JHA"[ T.H9FULL,_AMOUNT OF THE FEE CHARGED FOR THE PUBLICATION 

OF SAID DISPLAY AQ TO WIT $241.51 ENSURES TO THE 

BENEFITS OF THE PUBLISHER OF SAID NEWSPAPER AND THAT NO 

AGREEMENT AND UNDERSTANDING FOR THE DIVISION THEREOF HAS 

BEEN MADE WITH ANY OTHER PERSON, AND THAT NO PART THEREOF 

HAS BEEN AGREED TO BE PAID TO ANY PERSON WHOMSOEVER. 

PUBLISHED ON: 412412013 

FILED ON: 4!24/2013 

April 

RECEIVED 

APR 2 9 2013 

AIR QUALITY 

PROGRAM 

2013 
4+24 

ARTICLE 74:36 -AIR POLLUTION CONTROL PROGRAM 

NOTICE OF PUllLIC HEARING TO REVISE RULES 

The Board of Minerals and-EnVironment Vim"b0Jd a pilhlic heartiig on May 16,2013, fl.t I :00 p.m. central 

time, to consider ihe adoption and amendment of proposed rules numbered: 

a. revising chapter 74:36:01 (e.g. revising sections 74:36:01:01,74:36:01:05, and 74:36:01:20): 

b. revising chapter 74:36:02 (e.g.-revising sections 74:36:02:02 through 74:36:02:05); 

c. revising all of chapter 74:36:03; 

d. revising chapter 74:36:04 (e.g. revising sections 74:36:04:04,74:36:04:05,74:36:04:12, 

74:36:04:13,74:36:04:14, and 74:36:04:15); 

e. revising chapter74:36:05 (e.g. revising sections 74:36:05:04,74:36:05:06,74:36:05:07, 

74:36:05:16.01,74:36:05:20.01, and 74:36:05:20.02); 

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 74:36:07:28,74:36:07:31 through 74:36:07:34, 

74:36:07:36,74:36:07:37,74:36:07:39 through 74:36:07:90; and adding sections 74:36:07:91 

and 74:36:07:92; 

g. revising chapter74:36:08 (e.g. revising sections 74:36:08:01through 74:36:08:121); and adding 

sections 74:36:08:122 through 74:36:08:130; 

h. revising chapter 74:36:09 (e.g. revising sections 74:36:09:02 and 74:36:09:03); 

L revising chapter 74:36:10 (e.g. revising sections 74:36:10:02,74:36:10:03.01, and 74:36:10:05 

through 74:36: 10:08); and repealing seCtions 74:36:10:09 and 74:36:10: 10; 

j. revising chapter74:36:11 (e.g. revising section 74:36:ll:Ol); 

k. reviSing chapter74:36:12 (e.g. revising sections 74:36:12:01 through 74:36:12:03); 

I. revising chapter 74:36:13 (e.g. revising sections 74:36:13:02 through 74:36:13:04,74:36:13:06 

through 74:36: 13:08); 

m. revising chapter74:36:16 (e.g. revising sections 74:36:16:01,74:36:16:02, 74:36:16:04-,and 

74:36:1.6:05}; 

n. revising chapter 74:36:18 (e.g. revising sections 74:36:18:04 through 74:36:18:06,and 

74:36:18:10 through 74:36:18:12); 

o. revising chapter74:36:20 (e.g. revising sections 74:36:20:05, 74:36:20:ll,and 74:36:20:13 

through 74:36:20:15); and 

p. revising chapter74:36:21 (~.g. revising sections 74:36:21:02,74:36:21:04,74:36:21:05, and 

74:36:21:09). 

The hearing will be conducted via the Digital Dakota Network at the following locations 

a. Pierre (Capitol Building); 500 E. Capitol Ave.; Room B12, Studlo A (1:00 p.m., central time) 

b. Rapid City (SDSM&T); 501 E. St. Joseph St.; Classroom Building, Room l09 (12:00 p.m., 

mountain time) · 

c. Sioux Falls (University Ceuter);4SOI N. Career Ave.; Room FADM 145 (1:00 p.m., central 

time) 

d. Watertown (Lake Area Technical Institute); 230 NE lith St.; Main Building, Room 125 (1:00 

p.m., central time) · 

e. Aberdeen (Northern State University); 1200 S. Jay St.; BeUlah Williams Library, Room 117 

(l:OQ p.m., central time) ' 

f. Vermillion (University of South Dakota); 414 East Clark; Delzell Education Center, Room 203 

(1:00 p.m., central time) · 

g. Madison (Dakota State University); 820 N. Washington; Tech Classroom Building, Room 103 

(LOO p.m., central time) 

h. Spearfish (Black Hills State University); 1200 University Street; E.Y. Library, Room LIBOII 

(12:00 p.m., mountain time) 

The effect of the proposed amendments will be to adopt revisions to federal regulations and to revise cer- · 

tain obsolete and unnecessary statutes and rules. The reason for ~dopting the proposed amendments is to 

continue to have South Dakota's air pollution control program rules comply with the federal regulations 

and to allow South Dakota to maintain approval of its air quality program. 

Persons interested in presenting data, opinions, and arguments for or against the proposed amendments 

may do so by appearing in person at tlle hearing or by submitting written comments to the South Dakota 

Department of EnvirOnment and Natural Resources at the mailing address that appears below. Material 

sent' by mail must reach department by the close of business on May 15, 2013, to be considered. 

After the hearing, the board will consider all written and oral comments it receives on the proposed amendments. The board may modify or amend a proposed rule at that time to include or exclude matters that are 

described in this notice. ' 

Notice is fu.rther given to individuals with disabilities that this hearing is being held in a physically accessible place. Please notify the department at least 48 hours before the public hearing if you have special 

needs for which special arrangements must be made. The telephone number for making special arrangements is (605) 773-3151. 

Copies of the proposed rules may be obtained without charge from the 

Marlys Heidt, Engineer III 

South Dakota J:?epartment of Environment and Natural Resources 

523 East Capitol, Joe Foss Bullding 

Pierre, South Dakota 57501 

(605) 773-3151 

Steven M Pimer, Secretary 

Department of Environment and Natural Resources 

Published once at the total approximate cost of $241.51. 
IN THE MATTER OF THE 

PROMULGATION OF 

ADMINISTRATIVE RULES 

AFFIDAVIT OF MAILING NOTICE 

TO INTERESTED PARTIES 

I, Marlys Heidt, under oath, do swear, that on April 22, 2013, I mailed a copy of the notice 

attached to this affidavit to the list of persons attached to this affidavit. I further swear that the 

attached list is a true and correct list of all persons who have requested advance notice of rulemaking proceedings by the Department of Standards. 

Subscribed and sworn to 

before me this L day 

of MOly '20 13. 

(Seal) 

My Corrunission expires 

_____ ,,20_ 

BRENDA ANDERSON, NO!<!ry Public 

Nrf Commissio!l bpi~ 

Oclob3r26, 2016 
Black Hills Corporation 

PO Box 1400 

Rapid City SD 57709-1400 

Wharf Resources Mining Co 

10928 WharfRoad 

Lead SD 57754 

SD Rural Electric Assoc 

PO Box 1138 

Pierre SD 57501-1138 

Koch Industries Inc 

PO Box 2256 

Wichita KS 67201-2256 

Doug Antonson 

Mereen-Johnson Machine Company 

4401 Lyndale Avenue North 

Minneapolis MN 55412 

Jerry Bajari 

Bituminuous Paving Inc 

PO Box6 

Ortonville MN 56278 

William Bartholow 

Asphalt Paving & Materials Company 

RR3 Box 94 

Huron SD 57350-9306 

SD Peace & Justice Center 

19 N. Pine Street 

Vermillion SD 57069 

Black Hills Group- Sierra Club 

PO Box 1624 

Rapid City SD 57709-1624 

Midwest Assistance Program 

PO Box 81 

New Prague MN 56071 

Sierra Club 

45 E Loucks St Ste I 09 

Sheridan WY 8280 l-6329 

Cathy Atkins 

EPA Region VIII 

721 19th Street, 4th Floor Rm. 427 

Denver CO 80202-2500 

·Max Barnett 

Ace Ready Mix, Inc. 

. 200 I N Bahnson 

· SiouxFalls SD 57103-44!9 

Bill Beavers 

Barnes Hay & Feed Company 

PO Box 68 

Gayville SD 57031-0068 
Pete Bendix 

Starmark 

700 E 48th St N 

Sioux Falls SD 57104 

Brenda Binegar 

Marcia Bowes 

Jamir Reclamation Inc 

2915 22nd Avenue S 

Brookings SD 57006 

JeffBroin 

Brain Enterprises 

PO Box 330 Washington Street 

Scotland SD 57059 

Eric Brunnemann 

Badlands National Park 

PO Box6 

Interior SD 57750 

Peter Bullene 

Board of Minerals and Environment 

30 I 20th A venue SE 

Watertown SD 5720 I 

Sharon Chaples 

Royal C Johnson Veterans Hospital 

PO Box 5046 

Sioux Falls SD 

Dean Berger 

Black Hills National Forest 

1019 North 5th Street 

Custer SD 57730-8214 

Glenn Blumhardt 

Board ofMinerals aJ1d Environment 

20146thAveBox 134 

Bowdle SD 57428-0134 

Joel Brannan 

Pete Lien and Sons Inc 

POBox440 

Rapid City SD 57709-0440 

Keith Brokke 

Border States Paving Inc 

PO Box2586 

Fargo ND 58108-2586 

Dennis Bucher 

Bureau of Land Management 

310 RoundUp 

Belle Fourche SD 57717-1618 

John Carlson 

Carlson Construction 

PO Box 1832 

Winner SD 57580 

John Chelstrom 

Xcel Energy 

414 Nicollet Mall 

Minneapo~s MN 55401 
Blaise Emerson 

BH Council of Local Govts 

525 University Loop Suite I 02 

Rapid City SD 5770 I 

Ali Farnoud PhD 

Trinity Consultants 

106 Main Street South Suite 201 

Stillwater MN 55082 

John Fraser 

JD Concrete Products 

RR #5 Box 467C 

Mitchell SD 5730 I 

Tim Gossman 

Simons Construction Company 

PO Box 397 

Rapid City SD 57709-0397 

Sara Greff Darrnen 

North Western Energy 

3010 West 69th Street 

Sioux Falls SD 57108 

Steve Hasenohrl 

SD Dept of Ag Div of Wildlife Fire Supp 

4250 Fire Station Rd, STE 2 

Rapid City SD 57703 

Chris Hesla 

SD Wildlife Federation 

PO Box 7075 

Pierre SD 5750 i 

John Erickson 

Anderson Western Inc 

POBox2319 

Bismarck ND 58502-2319 

Richard L Fort 

Action for the Environment 

11307 Black Forest Rd 

Lead SD 57754 

Kathy Glines 

Harding County Auditor 

P0Box26 

Buffalo SD 57720-0026 

Mark Thoma 

OtterTail Power 

PO Box 496 

Fergus Falls MN 56538-0496 

Rexford Hagg 

Board of Minerals and Environment 

1721 West Boulevard 

Rapid City SD 57701 

Dixie Hendricks 

Dakota Rural Action 

PO Box 549 

Brookings SD 57006 

Harold Higman 

Higman Sand & Gravel Inc 

PO Box 109 

Akron IA 51001 
Linda Hilde 

Board of Minerals and Environment 

104 Woodland Drive 

Madison SD 57042-0019 

WayneHoeke 

T & R Electric Supply Company Inc. 

PO Box 180 

Colman SD 57017-0180 

Eugene Houg 

City of Yankton 

PO Box 176 

Yankton SD 57078 

Terese Hruska 

Golden Reward tvfining Co 

1 0928 Wharf Road 

Lead SD 57754-9704 

Paul Jansen 

RR#3 Box62 

Madison SD 57042 

Larry Johnson 

Dustcoating 

4463 50th St NE 

Buffalo MN 55313-3722 

Lynne Keller-Forbes 

Southeastern Council of Governments 

500 N. Western Avenue, Suite 100 

Sioux Falls SD 57104 

Nancy Hilding 

Black Hills Regional Multiple Use Coalition 

PO Box 788 

Black Hawk SD 57718 

Jerry Holsapple 

PSI 

2361 S Plaza Drive 

Rapid City SD 57702 

Darrel Hoyer 

Black Top Paving Company 

PO DrawerF 

Sioux Falls SD 5710 I 

Alex Huff 

Dakota Southern Railroad 

PO Box436 

Chamberlain SD 57325-0436 

Kenneth Jensen 

Jensen Rock & Sand Inc 

P0Box609 

Mobridge SD 57601 

Doyle Karpen 

Board of Minerals and Environment 

47946 332nd Street 

Jefferson SD 57038 

Tim Kinsley 

Alumax Extrusions Inc 

2500 Alumax Road 

Yankton SD 57078-9399 
Charlotte Kraft 

Citation Publishing 

5111 N Scottsdale Rd Suite 145 

Scottsdale AZ 85250 

Scott LaFond 

Fisher Industries 

PO Box 1034 

Dickinson ND 58602 

Dawna Leitzke 

SD Petroleum Marketers Assoc 

PO Box 1058 

Pierre SD 57501-1058 

Edith Lien 

Lien Transportation 

PO Box40 

Aberdeen SD 57401 

Harry Luurs 

Yankton County Hwy Dept 

Box 174 

Yankton SD 57078-0174 

Dell Majure 

Graphic Packaging InternationAl 

100 Graphic Pkg. Int. Way 

Macon GA 31206 

William McCollam 

Ellswort.h AFB 

28 CES/CEV 2125 Scott Drive 

Ellsworth AFB SD 57706 

George Kruse 

Pacer Corporation Company 

PO Box 912 

Custer SD 57730-0912 

Dennis Landguth 

Board of Minerals and Enviromnent 

613 Alta Vista Court 

Rapid City SD 57701 

Eric Leverson 

Hodgman W & Sons Inc 

PO Box 3069 

Mankato MN 56002-3069 

Mike Lipp 

St Lukes Midland Regional Medical Center 

305 South State Street 

Aberdeen SD 57401 

Mitch Maluer 

Bernard Maluer Construction 

PO Box 57 

Rutland ND 58067 

Lee M McCaluen 

Board of Minerals & Environment 

PO Box 297 

Vermillion SD 57069-0297 

Robert Melvin 

c/o Denver Federal Center 

PO Box 25546 Bldg 41 Rm 240 

Denver CO 80225-0546 
Jerry Menge 

Basin Electric Power Company 

I 717 Interstate A venue 

Bismarck ND 58501 

Philip Mitzel 

Hub City 

PO Box 1089 

Aberdeen SD 57402-1089 

Jon Mulloy 

Concrete Materials Company 

PO Box 84140 

Sioux Falls SD 57118 

David Nelson 

BAE Systems 

PO Box 1947 

Aberdeen SD 57401 

Ron Ness 

ND Petroleum Council 

120 North 3rd Street 

Bismarck ND 58501 

Dan Odegard 

Dakota Milling & Grain 

PO Box 2340 

Rapid City SD 57709-2340 

Mike Opitz 

Weatherton Contracting Company Inc 

46935 298th St 

Beresford SD 57044 

Charles Mickel 

Attorney at Law 

PO Box2859 

Rapid City SD 57709-2859 

Milt Morris 

Morris Inc 

POBox 1162 

Pierre SD 57501 

John Mulloy 

Ellis & Eastern Railroad 

1201 WRussell 

Sioux Falls SD 57104 

Gene Nelson 

GCC Dacotah Inc 

PO Box 360 

Rapid City SD 57709-0360 

James Nygaard 

Aggregate Construction Inc 

PO Box 239 

Minot ND 5 8702-023 9 

Dave Ohlen · 

Hills Materials Company 

PO Box 2320 

Rapid City SD 57709 

Ann Phillips 

SEMA 

1575 S Valley Vista Drive 

Diamond BarCA 91765 
Amy Platt SP-AR 

EPA Region VIII 

1595 Wynkoop Street 

Denver CO 80202 

Tim Rogers 

Black Hills Corporation 

PO Box 1400 

Rapid City SD 57709-1400 · 

Norm Siler 

Union Pacific Railroad 

1416 Dodge Street 

Omaha NE 68179-0930 

Don Stella 

McLaughlin & Schulz Inc 

PO Box20l 

Marshall MN 56258 

Superintendent 

Wind Cave National Park 

26611 US Highway 3 85 

Hot Springs SD 57747-9430 

Yvonne Taylor 

SD Municipal League 

208 Island Dr 

Ft Pierre SD 57532 

Myrl Unzelman 

Myrl & Roys Paving Inc 

1300 N Bahnson 

Sioux Falis SD 57103 

Scott Ridgley 

Zieglar 

8050 State Hwy 101 

Shakopee MN 55379 

Rich Schruger 

Fisher Industries 

PO Box 1120 

Spearfish SD 57783-7120 

Mrg Simon 

Missouri River Energy Services 

3724 W Avera DR 

Sioux Falls SD 57108-5750 

Andrea Stomberg 

Montana Dakota Utilities Company 

400 N 4th Street 

BismarckND 5850I 

Richard C Sweetman 

Board ofMinerals and Environment 

PO Box2320 

Sioux Falls SD 57101 

Donald Thomson 

Lake County LEPC 

200 E Center 

Madison SD 57042 

Jay Van Den Top 

LG Everist Inc 

PO Box 5829 

Sioux Falls SD 57117 
Steven Void 

Toshiba 

901 North Foster 

Mitchell SD 573 0 I 

Richard Waldera 

Spencer Quarries Inc 

PO Box 198 

Spencer SD 57374 

Steve Willard 

SD Electric Utility Companies 

POBox247 

Pierre SD 57501-0247 

Jerry Wagner 

J&J Asphalt Company 

PO Box 7105 

Rapid City SD 57709 

Richard Waldner 

SD State University 

Box2201 

Brookings SD 57007 
CODE 

ADMINISTRATIVE PROCEDURES ACT 

FISCAL NOTE 

Prepared by Submitting Agency 

NAME 

BFM50.10 

DEPARTMENT 20 Department of Environment and Natural Resources 

DIVISION 2 Division of Environmental services 

PROGRAM Air Quality 

PROPOSED RULE Revisions to ARSD 74.36 

Hearing Date: May 16, 2013 

FISCAL IMPACT STATEMENT: No impact. These are update federal requirements that must be met with or without the state rules 

FISCAL NOTE SUMMARY: 

COST INCREASES (DECREASES) 

State Agencies: First-Year Impact Continuous-Yearly Impact 

$0 $0 

TOTAL $0 $0 

Local SUbdiViSions: 

TOTAL $0 $0 

Siri;ali Businesses 

$0 $0 

TOTAL $0 $0 

REVENUEINCREASES(DECREASES) 

ReverlUe InCreases (Decreases) 

State, Loca~ & Small fJusiness : 

$0 $0 

TOTAL Estimated .. ·· $0 . $0 

//. -,) I .. /.· i 

. ./ . APPROVED , ___ "_ / DATE . Signature Oepartme'j-'Secretary gcl3oa~q_p.r-Commtssion Chairman 

ATTACH: Copypf~roPJ'..Sed-rV}iiS::-·;;arate sections for: 1) explanation of rules effect, i.e. what procedures, schedules, activities, etc. will 

change with its adoptiOn 2) statistics used, and their source, 3) assumptions that were made to arrive at fiscal impact, 4) computations that 

were made, 5)small business impact statement 

Revised June 2004 
July 26, 2013 

Black Hills Corporation 

PO Box 1400 

Rapid City, SD 57709-1400 

Dear Sir or Madam: 

DEPARTMENT of ENVIRONMENT 

and NATURAL RESOURCES 

PMB 2020 

JOE FOSS BUILDING 

523 EAST CAPITOL 

PIERRE, SOUTH DAKOTA 57501-3182 

denr_sd.gov 

The South Dakota Department of Environment and Natural Resources (DENR) is obligated by 

an agreement with the federal Environmental Protection Agency (EPA) to adopt new federal 

regulations periodically. Therefore, the department is proposing amendments to the 

Administrative Rules of South Dakota (ARSD) Article 74:36- Air Pollution Control Program. 

The effect of the proposed amendments will be to adopt revisions to federal regulations, 

adopt any standards that have not previously been adopted by DENR, and to revise certain 

obsolete and unnecessary statutes and rules. By adopting the proposed amendments, the 

South Dakota air pollution control program rules will continue to comply with the federal 

regulations, and South Dakota will maintain approval of its air quality program. 

The public notice for the public hearing that will be held by the Board of Minerals and 

Environment on May 16, 2013, over the Dakota Digital Network (DDN) at I :00 p.m. central 

time is enclosed. The purpose of the public hearing is to receive and consider testimony on the 

adoption of amendments to Administrative Rules of South Dakota, Article 74:36- Air Pollution 

Control Program. 

Copies of the proposed amendments may be obtained, without charge, by calling Lita Magedanz 

at ( 605) 773-3151. The rule changes may also be accessed through the department's web page at 

http://denr.sd.gov/des/aq/agnews/agnews.aspx. Please call me at (605) 773-3151 with any 

comments, opinions, or suggestions you may have on the proposed revisions. 

Sincerely, 

-rv,{>y~~ 

\ ' 

~ 

Marlys Heidt 

Engineer III 

Air Quality Program 

Enclosure 
Legislative 

Research 

south Dakota CouncD 

RECEIVED 

Sen. Ryan Maher, Chair 

Rep. Lance Carson, Vice Chair 

James Fry, Director 

Doug Decker, Code Counsel 

May7, 2013 

Mr. Joe Nadenicek 

South Dakota Department of Environment and Natural Resources 

523 East Capitol Avenue 

Pierre, South Dakota 57501 

Dear Mr. Nadenicek: 

MAY 0 8 2013 

AIR QUALITY 

PROGRAM 

The South Dakota Board of Minerals and Environment has proposed the adoption, 

amendment, or repeal of sections in ARSD chapters 74:36:01, 74:36:02, 74:36:04, 

74:36:05,74:36:07,74:36:08,74:36:09,74:36:10, 74:36:!1, 74:36:12, 74:36:12, 

74:36:13, 74:36:16, 74:36:18, 74:36:20, and 74:36:21 -Air Pollution Control Program, 

which are scheduled for hearing on May 16, 2013. We have reviewed the proposed rules 

and approve them for legality with the following exception: 

-The new sentence added at the end of ARSD 74:36: I 0:07(1) is unclear and must 

be rewritten. 

This letter is based on a preliminary review of your rules. Attached are your rules 

edited for form and style pursuant to SDCL 1-26-6.5 and directions for submitting the 

final draft of the rules. If you have any questions, please don't hesitate to call me or 

the staff member who has reviewed your rule.· 

Sincerely yours, 

J:J~ Doug Decker 

Code Counsel 

DD:TM 

Cc: Marlys Heidt, DENR 

State Capitol, 500 East Capitol, Pierre, So 57501-5070 

605/773-3251 -Fa, 605/773-4576 

http://legis.state.sd.us 
DIRECTIONS FOR SUBMITTING THE FINAL DRAFT 

RULES REVIEW MEETING SCHEDULE: The Interim Rules Review Committee has set the 

following tentative meeting schedule for the 2013 interim: May 20, June 4, July 9, August 20, 

September I 7, November 12, and December 17. 

A. FINAL DRAFT TO LEGISLATIVE RESEARCH COUNCIL: When the final draft of 

the adopted rules is brought to this office for signature for legality and for form and style, 

please include the following items: 

I. The edited copy of the first draft; 

2. One legible copy of the final draft, to be left here. The final draft should be double 

spaced, contain only rules being amended, repealed, or adopted, and show changes from 

current printed rules by means of overstrikes and underscores; 

3. The original Form #II which contains the signature of the officer empowered to 

adopt the rules or the signatures of a majority of the members of a board or commission which 

has the rule making authority; and 

4. Copies of the following: 

a. The minutes of all public hearings, (a summary of the minutes if needed); and 

b. The affidavit of mailing to Rules Committee members- Form #12. 

B. SERVICE ON COMMITTEE: The following information is to be served on the 

interim Rules Review Committee at least five days before the committee meeting date: 

I. The final draft of the adopted rules (three-holed punched and numbered by page); 

2. The minutes of the public hearing; 

a. Include a sununary of the hearing if a verbatim transcript is used; 

b. Include a summary of any subsequent hearing if the public hearing is continued or 

fmal action is taken at a later date; 

3. A summary of the written comments or copies of the written comments; 

4. The Impact Statement on Small Business; 

5. The Fiscal Note; and 

6. Agency financial resource information if the agency proposes a rule to increase a fee. 

First class mail, e-mail, or both should be used (See Form #12). 

C. FILING WITH THE SECRETARY OF STATE'S OFFICE (After appearing before 

the Interim Rules Review Committee) 

I. Each agency must complete and sign all documents before filing the certificate 

of compliance with Chapter 1-26 and the final draft of the rules with the Secreta.ry of State's 

Office. Although it is not required by statute, the Secretary of State's Office would like to have 

a copy of the approval signature sheet with the filing of the final draft and the certificate. 
MEMO TO: 

FROM: 

SUBJECT: 

May6, 2013 

Members of the Board of Minerals and Environment 

Kyrik Rombough, Natural Resources Engineering Director 

Air Quality Program 

Proposed Changes to ARSD 74:36 

Enclosed for your information are documents involving the proposed changes to the 

Administrative Rules of South Dakota (ARSD) 74:36. Those documents are as follows: 

I) A copy of the statement of basis. The statement of basis is a narrative review of the 

proposed changes to ARSD 74:36. 

2) A copy of the proposed changes to ARSD 74:36. The language underscored and colored 

in blue represent additions. The language strikethrough and colored in red represent 

deletions. 
PROPOSED AMENDMENTS 

ARSD 74:36

AIR POLLUTION CONTROL PROGRAM
TABLE OF CONTENTS

i

Page

1.0 BACKGROUND ................................................................................................................................................1

2.0 CHAPTER 74:36:01 – DEFINITIONS ............................................................................................................1

3.0 CHAPTER 74:36:02 – AMBIENT AIR QUALITY........................................................................................2

4.0 CHAPTER 74:36:03 – AIR QUALITY EPISODES .......................................................................................2

5.0 CHAPTER 74:36:04 – OPERATING PERMITS FOR MINOR SOURCES ...............................................3

6.0 CHAPTER 74:36:05 – OPERATING PERMITS FOR PART 70 SOURCES..............................................3

7.0 CHAPTER 74:36:07 – NEW SOURCE PERFORMANCE STANDARDS..................................................4

7.1 74:36:07:91 – STANDARDS OF PERFORMANCE FOR NITRIC ACID PLANTS FOR WHICH CONSTRUCTION,

RECONSTRUCTION, OR MODIFICATION COMMENCED AFTER OCTOBER 14, 2011 ......................................................5

7.2 74:36:07:92 – STANDARDS OF PERFORMANCE FOR NEW SEWAGE SLUDGE INCINERATION UNITS ...................5

8.0 CHAPTER 74:36:08 – NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR

POLLUTANTS ............................................................................................................................................................5

8.1 74:36:08:122 – NATIONAL EMISSION STANDARDS FOR COAL- AND OIL-FIRED ELECTRIC UTILITY STEAM 

GENERATING UNITS.......................................................................................................................................................7

8.2 74:36:08:123 – NATIONAL EMISSION STANDARDS FOR INDUSTRIAL, COMMERCIAL, AND INSTITUTIONAL 

BOILERS AREA SOURCES ...............................................................................................................................................7

8.3 74:36:08:124 – NATIONAL EMISSION STANDARDS FOR CHEMICAL MANUFACTURING AREA SOURCES............7

8.4 74:36:08:125 – NATIONAL EMISSION STANDARDS FOR ASPHALT PROCESSING AND ASPHALT ROOFING 

MANUFACTURING AREA SOURCES ................................................................................................................................8

8.5 74:36:08:126 – NATIONAL EMISSION STANDARDS FOR CHEMICAL PREPARATIONS INDUSTRY AREA SOURCES8

8.6 74:36:08:127 – NATIONAL EMISSION STANDARDS FOR PAINT AND ALLIED PRODUCTS MANUFACTURING 

AREA SOURCES ..............................................................................................................................................................8

8.7 74:36:08:128 – NATIONAL EMISSION STANDARDS FOR PREPARED FEEDS MANUFACTURING AREA 

SOURCES........................................................................................................................................................................8

8.8 74:36:08:129 – NATIONAL EMISSION STANDARDS FOR GOLD MINE ORE PROCESSING AND PRODUCTION AREA 

SOURCES........................................................................................................................................................................8

8.9 74:36:08:130 – NATIONAL EMISSION STANDARDS FOR POLYVINYL CHLORIDE AND COPOLYMERS 

PRODUCTION .................................................................................................................................................................8

9.0 CHAPTER 74:36:09 – PREVENTION OF SIGNIFICANT DETERIORATION.......................................9

10.0 CHAPTER 74:36:10 – NEW SOURCE REVIEW .....................................................................................9

11.0 CHAPTER 74:36:11 – PERFORMANCE TESTING..............................................................................10

12.0 CHAPTER 74:36:12 – CONTROL OF VISIBLE EMISSIONS .............................................................10

13.0 CHAPTER 74:36:13 – CONTINUOUS EMISSION MONITORING SYSTEMS ................................10

14.0 CHAPTER 74:36:16 – ACID RAIN PROGRAM.....................................................................................11

15.0 CHAPTER 74:36:18 – REGULATIONS FOR STATE FACILITIES IN THE RAPID CITY AREA11

16.0 CHAPTER 74:36:20 – CONSTRUCTION PERMITS FOR NEW SOURCES OR MODIFICATIONS12

17.0 CHAPTER 74:36:21 – REGIONAL HAZE PROGRAM........................................................................12
1

1.0 Background

The Air Quality Program within the South Dakota Department of Environment and Natural 

Resources (DENR) implements federal air quality programs. There are several methods by 

which the U.S. Environmental Protection Agency (EPA) gives states approval to implement 

federal air quality programs. The more traditional method is for states to adopt rules and submit 

the state rules to EPA for implementation into what is known as a state implementation plan 

(SIP). For this process, EPA reviews the state’s rules to determine if the rules are equivalent to 

the federal regulations. If the state’s rules are equivalent, EPA approves the state’s rules through 

a federal register notice. 

A second method for administrating a federal air quality program is to request delegation of the 

program. The first step in requesting delegation is to adopt state rules that are equivalent to the 

federal regulations. Adopting the federal regulations by reference is the simplest method DENR 

has found to achieve this goal. 

A third method for administrating a federal air quality program is to have the program approved. 

As with the first two methods of implementing a federal air quality program, the state must adopt 

rules that are equivalent to the federal program and submit the rules to EPA for approval 

The proposed revisions to South Dakota’s Air Pollution Control Program are discussed in the 

following chapters and may be viewed in Appendix A.

2.0 Chapter 74:36:01 – Definitions

Chapter 74:36:01 is part of South Dakota’s SIP. EPA approved sections 74:36:01:01 through 

74:36:01:20 of this chapter into South Dakota’s SIP. DENR submitted section 74:36:01:21 to 

EPA for approval. Section 74:36:01:21 currently has not received approval. 

The definitions in Chapter 74:36:01 are reviewed periodically to ensure that they are up-to-date 

and consistent with the other Air Quality Program chapters. For example, the federal regulations 

periodically update the definition of a volatile organic compound by adding compounds to the 

list of organic compounds that have negligible photochemical reactivity, and therefore, are not 

included in the definition of a volatile organic compound. Therefore, a few minor changes are 

proposed to update the date referenced for the code of federal regulations to the most current 

version of the federal reference of July 1, 2012. These changes may be observed in the 

following sections:

1. 74:36:01:01(8)(e);

2. 74:36:01:01(29);

3. 74:36:01:01(67);

4. 74:36:01:01(73);

5. 74:36:01:05;

6. 74:36:01:20(5);

7. 74:36:01:20(7); and 

8. 74:36:01:20(8)
2

On March 12, 2013, the Governor of South Dakota signed house bill 1059 titled “An Act 

to repeal and revise certain obsolete and unnecessary statutes and rules relating to the 

Department of Environment and Natural Resources”. This Act repealed the authority associated 

with “variances”. Changes are proposed to delete the reference to the “variance” state authority 

from the regulations. These changes may be observed in the following sections. 

1. 74:36:01:01(27)

2. 74:36:01:01(38)

3. 74:36:01:01(66)

3.0 Chapter 74:36:02 – Ambient Air Quality

Chapter 74:36:02 is part of South Dakota’s SIP and EPA approved sections 74:36:02:01 through 

74:36:02:05 of this chapter into South Dakota’s SIP. 

On February 9, 2010, EPA promulgated a new 1-hour nitrogen dioxide National Ambient Air 

Quality Standard, which became effective April 12, 2010. The new nitrogen dioxide standard is 

100 parts per billion, based on the 3-year average of the 98th percentile of the yearly distribution 

of 1-hour daily maximum concentrations. 

On June 22, 2010, EPA promulgated a new 1-hour sulfur dioxide National Ambient Air Quality 

Standard, which became effective August 23, 2010. The new sulfur dioxide standard is 75 parts 

per billion, based on the 3-year average of the 99th percentile of the yearly distribution of 1-hour 

daily maximum concentrations.

To incorporate these standards into South Dakota’s SIP, the reference date for the federal 

regulation is proposed to be updated to the most current version of the federal reference of July 

1, 2012. This revision will also update any other minor inconsistency between South Dakota’s 

SIP and EPA’s federal regulations as of July 1, 2012. These changes may be observed in the 

following sections:

 

1. 74:36:02:02;

2. 74:36:02:03;

3. 74:36:02:04; and 

4. 74:36:02:05

4.0 Chapter 74:36:03 – Air Quality Episodes

Chapter 74:36:03 is part of South Dakota’s SIP and EPA approved sections 74:36:03:01 and 

74:36:03:02 of this chapter into South Dakota’s SIP.

The reference date for the federal regulation is proposed to be updated to the most current 

version of the federal reference of July 1, 2012. This revision will update any minor 

inconsistency between South Dakota’s SIP and EPA’s federal regulations as of July 1, 2012. 

These changes may be observed in the following sections:
3

1. 74:36:03:01; and

2. 74:36:03:02;

5.0 Chapter 74:36:04 – Operating Permits for Minor Sources

Chapter 74:36:04 is part of South Dakota’s SIP. EPA approved sections 74:36:04:01 through 

74:36:04:33 of this chapter into South Dakota’s SIP, except for Section 74:36:04:03.01. Section

74:36:04:03.01 allows DENR to issue a variance to a source that is unable to meet a state 

emission limit. The variance allows the source to operate even while exceeding the state 

emission limit while the source makes changes to bring its operations back into compliance with 

the state emission limit. This section is not included as part of South Dakota’s SIP because EPA 

will not approve variances in a SIP. 

 

The reference date for the federal regulation is proposed to be updated to the most current 

version of the federal reference of July 1, 2012. This revision will update any minor 

inconsistency between South Dakota’s SIP and EPA’s federal regulations as of July 1, 2012. 

These changes may be observed in the following section:

1. 74:36:04:04.

On March 12, 2013, the Governor of South Dakota signed house bill 1059 titled “An Act 

to repeal and revise certain obsolete and unnecessary statutes and rules relating to the 

Department of Environment and Natural Resources”. This Act repealed the authority associated 

with “variances”. Changes are proposed to delete the reference to the “variance” state authority 

from the regulations. These changes may be observed in the following sections. 

1. 74:36:04:05

2. 74:36:04:12

3. 74:36:04:13

4. 74:36:04:14

5. 74:36:04:15

Even though Section 74:36:04:03.01 is not proposed as being removed from the regulations. The 

house bill will automatically remove section 74:36:04:03.01 for these regulations. 

6.0 Chapter 74:36:05 – Operating Permits for Part 70 Sources

South Dakota developed and EPA has approved its Operating Permit for Part 70 Source 

program, which may also be referred to as the Title V air quality operating permit program, using 

EPA’s third method for administrating a federal program. This program is located in section 

74:35:05:01 through 74:35:05:52. 

The reference date for the federal regulation is proposed to be updated to the most current 

version of the federal reference of July 1, 2012. This revision will update any minor 
4

inconsistency between South Dakota’s SIP and EPA’s federal regulations as of July 1, 2012. 

These changes may be observed in the following sections:

1. 74:36:05:04(2); 

2. 74:36:05:04(3);

3. 74:36:05:06;

4. 74:36:05:16.01(17); and

5. 74:36:05:16.01(18).

On March 12, 2013, the Governor of South Dakota signed house bill 1059 tiltled “An Act 

to repeal and revise certain obsolete and unnecessary statutes and rules relating to the 

Department of Environment and Natural Resources”. This Act repealed the authority associated 

with “variances”. Changes are proposed to delete the reference to the “variance” state authority 

from the regulations. These changes may be observed in the following sections. 

1. 74:36:05:07

2. 74:36:05:20.01

3. 74:36:05:20.02

7.0 Chapter 74:36:07 – New Source Performance Standards

The federal new source performance standards program is delegated to South Dakota provided 

the rules are equivalent to the federal regulations. This chapter was last updated in June 2010, 

when the federal regulations promulgated as of July 1, 2009, were adopted by reference.

The reference date for the federal regulation is proposed to be updated to the most current 

version of the federal reference of July 1, 2012. This revision will update any minor 

inconsistency between South Dakota’s rules and EPA’s federal regulations as of July 1, 2012. 

These changes may be observed in the following sections:

1. 74:36:07:01; 

2. 74:36:07:02;

3. 74:36:07:03;

4. 74:36:07:04;

5. 74:36:07:05;

6. 74:36:07:06;

7. 74:36:07:06.01;

8. 74:36:07:06.02;

9. 74:36:07:07;

10. 74:36:07:07.01;

11. 74:36:07:08;

12. 74:36:07:09;

13. 74:36:07:10;

14. 74:36:07:11;

15. 74:36:07:12;

16. 74:36:07:13;

17. 74:36:07:14;

18. 74:36:07:15;

19. 74:36:07:16;

20. 74:36:07:17;

21. 74:36:07:18;

22. 74:36:07:19;

23. 74:36:07:20;

24. 74:36:07:21;

25. 74:36:07:22;

26. 74:36:07:22.01;

27. 74:36:07:23;

28. 74:36:07:24;

29. 74:36:07:25;

30. 74:36:07:26;

31. 74:36:07:27;

32. 74:36:07:28;

33. 74:36:07:29;

34. 74:36:07:30;

35. 74:36:07:31;

36. 74:36:07:32;

37. 74:36:07:33;

38. 74:36:07:34;

39. 74:36:07:35;

40. 74:36:07:36;

41. 74:36:07:37(1);

42. 74:36:07:39;

43. 74:36:07:40;

44. 74:36:07:41;

45. 74:36:07:42;
5

46. 74:36:07:42.01;

47. 74:36:07:43;

48. 74:36:07:44;

49. 74:36:07:45;

50. 74:36:07:46;

51. 74:36:07:46.01;

52. 74:36:07:47;

53. 74:36:07:48;

54. 74:36:07:49;

55. 74:36:07:50;

56. 74:36:07:51;

57. 74:36:07:52;

58. 74:36:07:53;

59. 74:36:07:54;

60. 74:36:07:55;

61. 74:36:07:56;

62. 74:36:07:57;

63. 74:36:07:58;

64. 74:36:07:59;

65. 74:36:07:60;

66. 74:36:07:61;

67. 74:36:07:62;

68. 74:36:07:63;

69. 74:36:07:64;

70. 74:36:07:65;

71. 74:36:07:66;

72. 74:36:07:67;

73. 74:36:07:68;

74. 74:36:07:69;

75. 74:36:07:70;

76. 74:36:07:71;

77. 74:36:07:72;

78. 74:36:07:73;

79. 74:36:07:74;

80. 74:36:07:75;

81. 74:36:07:76;

82. 74:36:07:76.01;

83. 74:36:07:77;

84. 74:36:07:78

85. 74:36:07:79;

86. 74:36:07:80;

87. 74:36:07:81;

88. 74:36:07:82;

89. 74:36:07:83;

90. 74:36:07:84;

91. 74:36:07:85;

92. 74:36:07:86;

93. 74:36:07:87;

94. 74:36:07:88;

95. 74:36:07:89; and

96. 74:36:07:90;

EPA has promulgated new standards since the last update to this chapter. The following 

sections are proposed to be included into South Dakota’s rules. 

 74:36:07:91. Standards of performance for nitric acid plants for which construction, 

reconstruction, or modification commenced after October 14, 2011;

 74:36:07:92. Standards of performance for new sewage sludge incineration units; and

7.1 74:36:07:91 – Standards of performance for nitric acid plants for which 

construction, reconstruction, or modification commenced after October 14, 2011

This federal regulation establishes standards of performance for nitric acid plants that 

commenced construction, reconstruction, or modification after October 14, 2011. This standard 

is located in 40 CFR Part 60, subpart Ga (July 1, 2012). DENR is proposing to adopt this 

standard by reference.

7.2 74:36:07:92 – Standards of performance for new sewage sludge incineration units

This federal regulation establishes standards of performance for new sewage sludge incineration 

units. This standard is located in 40 CFR Part 60, subpart LLLL (July 1, 2012). DENR is 

proposing to adopt this standard by reference.

8.0 Chapter 74:36:08 – National Emission Standards for Hazardous Air 

Pollutants

The revision process for chapter 74:36:08 is similar to the revision process for chapter 74:36:07. 
6

The reference date for the federal regulation is proposed to be updated to the most current 

version of the federal reference of July 1, 2012. This revision will update any minor 

inconsistency between South Dakota’s rules and EPA’s federal regulations as of July 1, 2012. 

These changes may be observed in the following sections:

1. 74:36:08:01; 

2. 74:36:08:02;

3. 74:36:08:02.01;

4. 74:36:08:02.02;

5. 74:36:08:02.03;

6. 74:36:08:02.04;

7. 74:36:08:03;

8. 74:36:08:03.01;

9. 74:36:08:04;

10. 74:36:08:05;

11. 74:36:08:06;

12. 74:36:08:07;

13. 74:36:08:08;

14. 74:36:08:09;

15. 74:36:08:10;

16. 74:36:08:11;

17. 74:36:08:12;

18. 74:36:08:13;

19. 74:36:08:14;

20. 74:36:08:15;

21. 74:36:08:16;

22. 74:36:08:17;

23. 74:36:08:18;

24. 74:36:08:19;

25. 74:36:08:20;

26. 74:36:08:21;

27. 74:36:08:22;

28. 74:36:08:23;

29. 74:36:08:24;

30. 74:36:08:25;

31. 74:36:08:26;

32. 74:36:08:27;

33. 74:36:08:28;

34. 74:36:08:29;

35. 74:36:08:30;

36. 74:36:08:31;

37. 74:36:08:32;

38. 74:36:08:33;

39. 74:36:08:34;

40. 74:36:08:35;

41. 74:36:08:36;

42. 74:36:08:37;

43. 74:36:08:38;

44. 74:36:08:39;

45. 74:36:08:40;

46. 74:36:08:41;

47. 74:36:08:42;

48. 74:36:08:43;

49. 74:36:08:44;

50. 74:36:08:45;

51. 74:36:08:46;

52. 74:36:08:47;

53. 74:36:08:48;

54. 74:36:08:49;

55. 74:36:08:50;

56. 74:36:08:51;

57. 74:36:08:52;

58. 74:36:08:53;

59. 74:36:08:54;

60. 74:36:08:55;

61. 74:36:08:56;

62. 74:36:08:57;

63. 74:36:08:58;

64. 74:36:08:59;

65. 74:36:08:60;

66. 74:36:08:61;

67. 74:36:08:62;

68. 74:36:08:63;

69. 74:36:08:64;

70. 74:36:08:65;

71. 74:36:08:66;

72. 74:36:08:67;

73. 74:36:08:68;

74. 74:36:08:69;

75. 74:36:08:70;

76. 74:36:08:71;

77. 74:36:08:72;

78. 74:36:08:73;

79. 74:36:08:74;

80. 74:36:08:75;

81. 74:36:08:76;

82. 74:36:08:77;

83. 74:36:08:78

84. 74:36:08:79;

85. 74:36:08:80;

86. 74:36:08:81;

87. 74:36:08:82;

88. 74:36:08:83;

89. 74:36:08:84;

90. 74:36:08:85;

91. 74:36:08:86;

92. 74:36:08:87;

93. 74:36:08:88;

94. 74:36:08:89;

95. 74:36:08:90;

96. 74:36:08:91;

97. 74:36:08:92;

98. 74:36:08:93;

99. 74:36:08:94;

100. 74:36:08:95;

101. 74:36:08:96;

102. 74:36:08:97;

103. 74:36:08:98;

104. 74:36:08:99;

105. 74:36:08:100;

106. 74:36:08:101;

107. 74:36:08:102;

108. 74:36:08:103;

109. 74:36:08:104;

110. 74:36:08:105;

111. 74:36:08:106;

112. 74:36:08:107;

113. 74:36:08:108;

114. 74:36:08:109;

115. 74:36:08:110;

116. 74:36:08:111;

117. 74:36:08:112;

118. 74:36:08:113;

119. 74:36:08:144;

120. 74:36:08:115;

121. 74:36:08:116;

122. 74:36:08:117;

123. 74:36:08:118;
7

124. 74:36:08:119; 125. 74:36:08:120; and 126. 74:36:08:121.

There are several national emission standards for hazardous air pollutants that have been 

promulgated by EPA. The following sections are proposed to be included into South Dakota’s 

rules. 

 74:36:08:122. National emission standards for coal- and oil-fired electric utility steam 

generating units;

 74:36:08:123. National emission standards for industrial, commercial, and institutional 

boilers area sources;

 74:36:08:124. National emission standards for chemical manufacturing area sources;

 74:36:08:125. National emission standards for asphalt processing and asphalt roofing 

manufacturing area sources;

 74:36:08:126. National emission standards for chemical preparations industry area sources;

 74:36:08:127. National emission standards paint and allied products manufacturing area 

sources;

 74:36:08:128. National emission standards for prepared feeds manufacturing area sources;

 74:36:08:129. National emission standards for gold mine ore processing and production area 

sources; and

 74:36:08:130. National emission standards for polyvinyl chloride and copolymers 

production.

8.1 74:36:08:122 – National emission standards for coal- and oil-fired electric utility 

steam generating units

This federal regulation establishes national emission standards for hazardous air pollutants for 

coal- and oil-fired electric utility steam generating units. This standard is located in 40 CFR Part 

63, subpart UUUUU (July 1, 2012). DENR is proposing to adopt this federal standard by 

reference.

8.2 74:36:08:123 – National emission standards for industrial, commercial, and 

institutional boilers area sources

This federal regulation establishes national emission standards for hazardous air pollutants for 

industrial, commercial, and institutional boilers area sources. This standard is located in 40 CFR 

Part 63, subpart JJJJJJ (July 1, 2012). Sources that may be subject to this standard include 3M 

(Aberdeen), John Morrell, Saputo Cheese, Black Hills VA Health Care System – Fort Meade, 

and Spearfish Forest Products. DENR is proposing to adopt this federal standard by reference. 

8.3 74:36:08:124 – National emission standards for chemical manufacturing area 

sources

This federal regulation establishes national emission standards for hazardous air pollutants for 

chemical manufacturing area sources. This standard is located in 40 CFR Part 63, subpart 

VVVVVV (July 1, 2012). Sources that are subject to this standard include ABE South Dakota 
8

(Huron and Aberdeen), Redfield Energy, and Dakota Ethanol. DENR is proposing to adopt this 

federal standard by reference. 

8.4 74:36:08:125 – National emission standards for asphalt processing and asphalt 

roofing manufacturing area sources

This federal regulation establishes national emission standards for hazardous air pollutants for 

asphalt processing and asphalt roofing manufacturing area sources. This standard is located in 40 

CFR Part 63, subpart AAAAAAA (July 1, 2012). DENR is proposing to adopt this federal 

standard by reference.

8.5 74:36:08:126 – National emission standards for chemical preparations industry area 

sources

This federal regulation establishes national emission standards for hazardous air pollutants for 

chemical preparations industry area sources. This standard is located in 40 CFR Part 63, subpart 

BBBBBBB (July 1, 2012). DENR is proposing to adopt this federal standard by reference.

8.6 74:36:08:127 – National emission standards for paint and allied products 

manufacturing area sources

This federal regulation establishes national emission standards for hazardous air pollutants for 

paint and allied products manufacturing area sources. This standard is located in 40 CFR Part 63, 

subpart CCCCCCC (July 1, 2012). DENR is proposing to adopt this federal standard by 

reference. 

8.7 74:36:08:128 – National emission standards for prepared feeds manufacturing area 

sources

This federal regulation establishes national emission standards for hazardous air pollutants for 

prepared feeds manufacturing area sources. This standard is located in 40 CFR Part 63, subpart 

DDDDDDD (July 1, 2012). Sources that may be subject to this standard include Cenex Harvest 

States Nutrition, Land O’Lakes Purina Feed, Hubbard Feeds, Ridley Block Operations, and 

Eastern Farmers Coop. DENR is proposing to adopt this federal standard by reference. 

8.8 74:36:08:129 – National emission standards for gold mine ore processing and 

production area sources

This federal regulation establishes national emission standards for hazardous air pollutants for 

gold mine ore processing and production area sources. This standard is located in 40 CFR Part 

63, subpart EEEEEEE (July 1, 2012). Wharf Resources (USA) Inc. is subject to this standard. 

DENR is proposing to adopt this federal standard by reference.

8.9 74:36:08:130 – National emission standards for polyvinyl chloride and copolymers 

production
9

This federal regulation establishes national emission standards for hazardous air pollutants for 

polyvinyl chloride and copolymers production. This standard is located in 40 CFR Part 63, 

subpart HHHHHHH (July 1, 2012). DENR is proposing to adopt this federal standard by 

reference. 

9.0 Chapter 74:36:09 – Prevention of Significant Deterioration

Chapter 74:36:09 is part of South Dakota’s SIP. EPA approved sections 74:36:09:01 through 

74:36:09:03 of this chapter into South Dakota’s SIP.

The reference date for the federal regulation is proposed to be updated to the most current 

version of the federal reference of July 1, 2012. This revision will update any minor 

inconsistency between South Dakota’s SIP and EPA’s federal regulations as of July 1, 2012. 

These changes may be observed in the following sections:

1. 74:36:09:02; and

2. 74:36:09:03.

On June 24, 2005, the United States Court of Appeals for the District of Columbia Circuit 

vacated EPA’s inclusion of clean unit and pollution control project regulations from the 

prevention of significant deterioration program. In 2007, EPA removed these requirements from 

the federal regulations. Changes are proposed to revise South Dakota’s SIP to remove references 

to clean units and pollution control projects. These changes may be observed in section 

74:36:09:02.

10.0 Chapter 74:36:10 – New Source Review

Chapter 74:36:10 is part of South Dakota’s SIP and EPA approved sections 74:36:10:01 through 

74:36:10:10 of this chapter into South Dakota’s SIP.

The reference date for the federal regulation is proposed to be updated to the most current 

version of the federal reference of July 1, 2012. This revision will update any minor 

inconsistency between South Dakota’s SIP and EPA’s federal regulations as of July 1, 2012. 

These changes may be observed in the following sections:

1. 74:36:10:02; 

2. 74:36:10:03.01;

3. 74:36:10:05;

4. 74:36:10:07; and

5. 74:36:10:08;

On June 24, 2005, the United States Court of Appeals for the District of Columbia Circuit 

vacated EPA’s inclusion of clean unit and pollution control project regulations from the new 

source review program. In 2007, EPA removed these requirements from the federal regulations. 

Changes are proposed to revise South Dakota’s SIP to remove references to clean units and 

pollution control projects. These changes may be observed in the following sections:
10

1. 74:36:10:03.01;

2. 74:36:10:09; and

3. 74:36:10:10;

11.0 Chapter 74:36:11 – Performance Testing

Chapter 74:36:11 is part of South Dakota’s SIP and EPA approved sections 74:36:11:01 through 

74:36:11:04 of this chapter into South Dakota’s SIP.

The reference date for the federal regulation is proposed to be updated to the most current 

version of the federal reference of July 1, 2012. This revision will update any minor 

inconsistency between South Dakota’s SIP and EPA’s federal regulations as of July 1, 2012. 

These changes may be observed in the following section:

1. 74:36:11:01.

12.0 Chapter 74:36:12 – Control of Visible Emissions

Chapter 74:36:12 is part of South Dakota’s SIP and EPA approved sections 74:36:12:01 through 

74:36:12:03 of this chapter into South Dakota’s SIP.

The reference date for the federal regulation is proposed to be updated to the most current 

version of the federal reference of July 1, 2012. This revision will update any minor 

inconsistency between South Dakota’s SIP and EPA’s federal regulations as of July 1, 2012. 

These changes may be observed in the following sections:

1. 74:36:12:01; and

2. 74:36:12:03.

South Dakota’s opacity requirements do not apply during periods of soot blowing, startup, 

shutdown, and malfunctions. However, the wording includes the phrase “such operations as” 

which may imply there are other periods that the standard did not apply, which was not the 

intention of the language. Changes to section 74:36:12:02 are proposed to remove this phrase to 

clarify the applicable time periods. 

13.0 Chapter 74:36:13 – Continuous Emission Monitoring Systems

Chapter 74:36:13 is part of South Dakota’s SIP and EPA approved sections 74:36:13:01 through 

74:36:13:07 of this chapter into South Dakota’s SIP. Section 74:36:13:08 is not part of South 

Dakota’s SIP but was approved by EPA as part of South Dakota’s Title V permitting Program 

noted in Chapter 74:36:05.

The reference date for the federal regulation is proposed to be updated to the most current 

version of the federal reference of July 1, 2012. This revision will update any minor 
11

inconsistency between South Dakota’s SIP, approved Title V permitting Program and EPA’s 

federal regulations as of July 1, 2012. These changes may be observed in the following sections:

1. 74:36:13:02; 

2. 74:36:13:03;

3. 74:36:13:04;

4. 74:36:13:06;

5. 74:36:13:07(1)(a);

6. 74:36:13:07(2)(a); and

7. 74:36:13:08.

14.0 Chapter 74:36:16 – Acid Rain Program

South Dakota’s Acid Rain Program is similar to Chapter 74:36:07 – New source performance 

standards and Chapter 74:36:08 – National emission standards for hazardous air pollutants. This 

chapter is delegated to South Dakota by EPA. 

The reference date for the federal regulation is proposed to be updated to the most current 

version of the federal reference of July 1, 2012. This revision will update any minor 

inconsistency between South Dakota’s SIP and EPA’s federal regulations as of July 1, 2012. 

These changes may be observed in the following sections:

1. 74:36:16:01;

2. 74:36:16:02;

3. 74:36:16:04; and

4. 74:36:16:05.

15.0 Chapter 74:36:18 – Regulations for State Facilities in the Rapid City 

Area

Chapter 74:36:18 is part of South Dakota’s SIP and EPA approved sections 74:36:18:01 through 

74:36:18:12 of this chapter into South Dakota’s SIP. 

The reference date for the federal regulation is proposed to be updated to the most current 

version of the federal reference of July 1, 2012. This revision will update any minor 

inconsistency between South Dakota’s SIP and EPA’s federal regulations as of July 1, 2012. 

These changes may be observed in the following sections:

1. 74:36:18:10.

On March 12, 2013, the Governor of South Dakota signed house bill 1059 tiltled “An Act 

to repeal and revise certain obsolete and unnecessary statutes and rules relating to the 

Department of Environment and Natural Resources”. ThissiAct repealed the authority associated 

with “variances”. Changes are proposed to delete the reference to the “variance” state authority 

from the regulations. These changes may be observed in the following sections. 
12

1. 74:36:18:04

2. 74:36:18:05

3. 74:36:18:06

4. 74:36:18:11

5. 74:36:18:12

16.0 Chapter 74:36:20 – Construction Permits for New Sources or 

Modifications

In June 2010, South Dakota requested EPA incorporate Chapter 74:36:20 into South Dakota’s 

SIP. To date, EPA has not acted upon South Dakota’s request. 

The reference date for the federal regulation is proposed to be updated to the most current 

version of the federal reference of July 1, 2012. This revision will update any minor 

inconsistency between South Dakota’s SIP and EPA’s federal regulations as of July 1, 2012. 

These changes may be observed in the following section:

1. 74:36:20:05.

On March 12, 2013, the Governor of South Dakota signed house bill 1059 tiltled “An Act 

to repeal and revise certain obsolete and unnecessary statutes and rules relating to the 

Department of Environment and Natural Resources”. This Act repealed the authority associated 

with “variances”. Changes are proposed to delete the reference to the “variance” state authority 

from the regulations. These changes may be observed in the following sections. 

1. 74:36:20:11

2. 74:36:20:13

3. 74:36:20:14

4. 74:36:20:15

17.0 Chapter 74:36:21 – Regional Haze Program

Chapter 74:36:21 is part of South Dakota’s SIP and EPA approved sections 74:36:21:01 through 

74:36:21:12 of this chapter into South Dakota’s SIP. 

The reference date for the federal regulation is proposed to be updated to the most current 

version of the federal reference of July 1, 2012. This revision will update any minor 

inconsistency between South Dakota’s SIP and EPA’s federal regulations as of July 1, 2012. 

These changes may be observed in the following sections:

1. 74:36:21:02(8); 

2. 74:36:21:04

3. 74:36:21:05 and

4. 74:36:21:09.
1

Appendix A

Proposed Amendments

To

ARSD 74:36 – Air Pollution Control Program
2

ARTICLE 74:36

AIR POLLUTION CONTROL PROGRAM

Chapter

74:36:01 Definitions.

74:36:02 Ambient air quality.

74:36:03 Air quality episodes.

74:36:04 Operating permits for minor sources.

74:36:05 Operating permits for Part 70 sources.

74:36:06 Regulated air pollutant emissions.

74:36:07 New source performance standards.

74:36:08 National emission standards for hazardous air pollutants.

74:36:09 Prevention of significant deterioration.

74:36:10 New source review.

74:36:11 Performance testing.

74:36:12 Control of visible emissions.

74:36:13 Continuous emission monitoring systems.

74:36:14 Variances, Repealed.

74:36:15 Open burning, Transferred or Repealed.

74:36:16 Acid rain program.

74:36:17 Rapid City street sanding and deicing.
3

74:36:18 Regulations for state facilities in the Rapid City area.

74:36:19 Mercury budget trading program, Repealed.

74:36:20 Construction permits for new sources or modifications.

74:36:21 Regional haze program.

CHAPTER 74:36:01

DEFINITIONS

Section

74:36:01:01 Definitions.

74:36:01:02 Repealed.

74:36:01:03 Administrative permit amendment defined.

74:36:01:04 Affected states defined.

74:36:01:05 Applicable requirements of the Clean Air Act defined.

74:36:01:06 Complete application defined.

74:36:01:07 Repealed.

74:36:01:08 Major source defined.

74:36:01:09 Categories of sources defined.

74:36:01:10 Modification defined.

74:36:01:11 National ambient air quality standard (NAAQS).

74:36:01:12 Potential to emit defined.
4

74:36:01:13 Process weight rate defined.

74:36:01:14 Repealed.

74:36:01:15 Regulated air pollutant defined.

74:36:01:16 Responsible official defined.

74:36:01:17 Repealed.

74:36:01:18 Municipal solid waste landfill defined.

74:36:01:19 Existing municipal solid waste landfill defined.

74:36:01:20 Physical change in or change in the method of operation defined.

74:36:01:21 Commenced construction defined.

74:36:01:01. Definitions. Unless otherwise specified, the terms used in this article mean:

(1) "Act," chapter 34A-1 of the South Dakota Codified Laws;

(2) "Acid rain permit," a legally binding written document or portion of a document that is 

issued by the department and specifies the acid rain program requirements applicable to an 

affected source and to the owners and operators and the designated representative of the affected 

source;

(3) "Acid rain program," the national sulfur dioxide and nitrogen oxides air pollution 

control and emissions reduction program established in accordance with Title IV of the Clean 

Air Act;
5

(4) "Administrator," the administrator of the Environmental Protection Agency or the 

secretary or their authorized representatives;

(5) "Affected source," a source that includes one or more affected units under Title IV of 

the Clean Air Act;

(6) "Affected unit," a unit that is subject to any of the emission reduction requirements or 

emission limits pursuant to Title IV of the Clean Air Act or chapter 74:36:16;

(7) "Air pollutant," one or a combination of the regulated air pollutants listed in 

§ 74:36:01:15;

(8) "Allowable emissions," the emission rate calculated using the maximum rated capacity 

of a source unless the source is subject to federally enforceable limits which restrict operating 

rate, hours of operation, or both, and the most stringent of the following:

(a) The applicable new source performance standards in chapter 74:36:07;

(b) The applicable national emission standards in chapter 74:36:08;

(c) Any applicable emission limitations specified in this article, including those with a 

future compliance date;

(d) The emission rate specified as a permit condition; or

(e) The applicable standards in 40 C.F.R. Part 60, 61, or 63 (July 1, 2009 July 1, 2012);
6

(9) "Ambient air," that portion of the atmosphere external to buildings to which the 

general public has access;

(10) "ASTM," the American Society for Testing and Materials;

(11) "Board," the Board of Minerals and Environment;

(12) "Btu," British thermal unit;

(13) "CO," carbon monoxide;

(14) "Chairman," chairman of the board;

(15) "Clean Air Act," the Clean Air Act, 42 U.S.C. 7401 et seq., as amended through 

January 1, 2010;

(16) "Clean Air Act Amendments," the amendments to the Clean Air Act enacted in Pub. 

L. No. 101-549, November 15, 1990;

(17) "Control equipment," a device which prevents or reduces emissions;
7

(18) "Criteria pollutant," selected and specified pollutants for which limiting ambient air 

quality standards have been set, including sulfur dioxides, particulate matter, carbon monoxide, 

ozone, nitrogen oxides, and lead;

(19) "Department," the South Dakota Department of Environment and Natural Resources;

(20) "Designated representative," the responsible person or official authorized by the 

owner or operator of an affected unit, in accordance with the Clean Air Act, to represent the 

owner or operator in matters pertaining to the holding, transfer, or disposition of allowances 

allocated to the unit and the submission of and compliance with permits, permit applications, and 

compliance plans for the unit;

(21) "Draft permit," the version of a permit for which the department offers public 

participation or affected state review;

(22) "Emissions allowable under the permit," a federally enforceable permit term or 

condition determined at issuance to be required by an applicable requirement that establishes an 

emissions limit, including work practice standards, or a federally enforceable emissions cap that 

the source has assumed to avoid an applicable requirement to which the source would otherwise 

be subject;

(23) "Emission standard," the maximum amount of a pollutant legally permitted to be 

discharged from a single unit;
8

(24) "Emission unit," "Unit," any part or activity of a stationary source which emits or has 

the potential to emit a regulated air pollutant or any pollutant listed under section 112(b) of the 

Clean Air Act;

(25) "EPA," the Environmental Protection Agency;

(26) "Equivalent method," any method of sampling and analysis for an air pollutant which 

has a consistent and quantitatively known relationship to the reference method under specified 

conditions;

(27) "Existing source," a source that has an approved state-issued variance or permit;

(28) "Facility," a building, structure, or installation of pollutant-emitting activities which 

belong to the same industrial grouping, located on one or more contiguous or adjacent properties 

and under the control of the same person or of persons under common control, except the 

activities of a water-borne vessel. Pollutant-emitting activities are part of the same industrial 

grouping if they belong to the same major group, i.e., have the same two-digit code, as described 

in the Standard Industrial Classification Manual, 1987;

(29) "Federally enforceable," all limits and conditions that are enforceable by the 

administrator of EPA pursuant to federal law. These limits and conditions include those 

requirements developed pursuant to this article, those appearing in 40 C.F.R. §§ 60 and 61 (July 
9

1, 2009 July 1, 2012), requirements within the state implementation plan, and permit 

requirements established pursuant to this article or 40 C.F.R. § 51 Subpart I (July 1, 2009 July 1, 

2012). The use of this term does not impede the department's authority under state law to enforce 

these limits and conditions;

(30) "Final permit" the version of an operating permit issued by the permitting authority 

for a source that has completed all required review procedures;

(31) "Fuel-burning unit," a furnace, boiler, apparatus, stack, or any of their components 

used in the process of burning fuel or other combustible material for the primary purposes of 

producing heat or power by indirect heat transfer;

(32) "Fugitive emissions," those air pollutants which could not reasonably pass through a 

stack, chimney, vent, or other functionally equivalent opening;

(33) "General permit," a permit issued by the board in accordance with SDCL 34A-1-56 

that may be made applicable to numerous similar sources;

(34) "Heat input," the aggregate heat content of all fuels whose products of combustion 

pass through a stack or stacks, using the heat input value of the equipment manufacturer's or 

designer's guaranteed maximum input, whichever is greater;
10

(35) "Incinerator," a furnace used to burn solid waste to reduce the volume of the waste by 

removing its combustible material;

(36) "Malfunction," any sudden and unavoidable failure of air pollution control equipment 

or process equipment or of a process to operate in a normal or usual manner, but not a failure 

caused entirely or in part by poor maintenance, careless operation, preventable equipment 

breakdown, or any other cause within the control of the owner or operator of the source;

(37) "Minor source," a source whose potential emissions of a criteria pollutant are less 

than 100 tons a year and which does not meet the definition of a Part 70 source;

(38) "New source," a source that has not been constructed and does not possess a permit or 

an approved state-issued variance;

(39) "Nonattainment area," an area that does not meet or that contributes to ambient air

quality in a nearby area that does not meet the national primary or secondary ambient air quality 

standard for the pollutant;

(40) "NSR," new source review;

(41) "Opacity," the degree to which emissions reduce the transmission of light and 

obscure the view of an object in the background;
11

(42) "Open burning," the burning of any matter in such a manner that the products of 

combustion resulting from the burning are emitted directly into the ambient air without passage 

through a stack, duct, or chimney;

(43) "Operating permit," a written authorization issued by the board or the secretary for 

the operation of a source;

(44) "Owner or operator," any person who owns, leases, operates, controls, or supervises a 

source;

(45) Repealed;

(46) "Part 70 operating permit," any permit or group of permits covering a Part 70 source 

that is issued, renewed, amended, or revised;

(47) "Part 70 source," any source subject to § 74:36:05:03;

(48) "Particulate matter," a broad class of chemically and physically diverse substances 

that exist as discrete particles, liquid droplets, or solids over a wide range of sizes;

(49) "Permit modification," a change to a source which operates under a minor source 

operating permit or Part 70 operating permit that meets the requirements of § 74:36:01:10;
12

(50) "Permit revision," a revision to a minor source operating permit or Part 70 operating 

permit to incorporate a permit modification, administrative permit amendment, or minor permit 

amendment;

(51) "Person," an individual, corporation, partnership, firm, association, trust, estate, 

public or private institution, group, agency, political subdivision or state agency or any legal 

successor, representative, agent, or agency of the foregoing;

(52) "PM10," particulate matter with an aerodynamic diameter less than or equal to a 

nominal ten micrometers as measured by an applicable reference or equivalent method;

(53) "Proposed Part 70 operating permit," a permit that the department has forwarded to 

EPA for review after the closure of the public notice period and after considering any public 

comments, including those from affected states;

(54) "PSD," prevention of significant deterioration;

(55) Repealed;

(56) "Salvage operation," an operation conducted in whole or in part for the reclaiming of 

product or material;
13

(57) "Secretary," the secretary of the South Dakota Department of Environment and 

Natural Resources or an authorized representative;

(58) "Shutdown," the cessation of operation of any control equipment, process equipment, 

or process for any purposes;

(59) "Smoke," small gas-borne particles resulting from incomplete combustion, consisting 

predominantly, but not exclusively, of carbon, ash, and other combustible material, that form a 

visible plume in the air;

(60) "Source," a facility that emits or may emit any air pollutant regulated under the Clean 

Air Act;

(61) "Start-up," the setting into operation of any control equipment, process equipment, or 

process for any purpose;

(62) "Title I," Title I of the Clean Air Act Amendments, provisions for attainment and 

maintenance of national ambient air quality standards;

(63) "Title IV," Title IV of the Clean Air Act Amendments, acid deposition control;

(64) "Title V," Title V of the Clean Air Act Amendments, permits;
14

(65) "Title VI," Title VI of the Clean Air Act Amendments, stratospheric ozone protection;

(66) "Variance," a written authorization issued by the board to operate a minor source in 

an attainment area that is not in compliance with certain portions of the Act; Repealed.

(67) "VOC," "volatile organic compounds," as defined in 40 C.F.R. § 51.100(s) (July 1, 

2009 July 1, 2012);

(68) "Wire reclamation furnace," a furnace that uses either direct or indirect heat transfer 

to salvage nonferrous metals through the thermal destruction of solid waste materials;

(69) "PM2.5," particulate matter with an aerodynamic diameter less than or equal to a 

nominal 2.5 micrometers as measured by an applicable reference or equivalent method;

(70) "SO2," sulfur dioxide;

(71) "NO2," nitrogen dioxide;

(72) "Construction permit," a written authorization issued by the board or the secretary for 

the construction and operation of a new source or modification to an existing source; and
15

(73) "Subject to regulation," as defined in 40 CFR § 70.2 (July 1, 2009 July 1, 2012), as 

revised in publication 75 Fed. Reg. 31607 (June 3, 2010), in accordance with EPA requirements.

Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from 

§ 34:10:01:01, 7 SDR 4, effective July 27, 1980; transferred from § 44:10:01:01, effective July 1, 

1981; 8 SDR 71, effective December 21, 1981; 10 SDR 68, effective January 5, 1984; 13 SDR 

129, 13 SDR 141, effective July 1, 1987; 14 SDR 72, effective November 24, 1987; 16 SDR 88, 

effective November 14, 1989; 17 SDR 170, effective May 13, 1991; transferred from 

§ 74:26:01:01, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 

SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999; 30 SDR 26, 

effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 

13, 2006; 36 SDR 207, effective June 28, 2010; 37 SDR 182, effective April 20, 2011.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6.

Reference: Standard Industrial Classification Manual, 1987, Executive Office of the 

President, Office of Management and Budget. Copies may be obtained from National Technical 

Information Service, 5285 Port Royal Road, Springfield, Virginia 22161, order no. PB 87-

100012. Cost: $31.

74:36:01:05. Applicable requirements of the Clean Air Act defined. Applicable 

requirements of the Clean Air Act include all of the following as they apply to emissions units in 

a Part 70 source, unless the context of the Clean Air Act requires otherwise:
16

(1) Any standard or other requirement provided for in the applicable implementation plan 

approved or promulgated by EPA through rulemaking under Title I of the Clean Air Act that 

implements the relevant requirements of the Clean Air Act, including any revisions to that plan 

promulgated in Part 52 of 40 C.F.R. (July 1, 2009 July 1, 2012);

(2) Any term or condition of any preconstruction permits issued pursuant to regulations 

approved through rulemaking under Title I, including Parts C or D, of the Clean Air Act;

(3) Any standard or other requirement under § 111 of the Clean Air Act, including 

§ 111(d);

(4) Any standard or other requirement under § 112 of the Clean Air Act, including any 

requirement concerning accident prevention under § 112(r)(7) of the Clean Air Act;

(5) Any standard or other requirement of the acid rain program under Title IV of the Clean 

Air Act or the regulations promulgated under it;

(6) Any monitoring, reporting, and certification requirements established pursuant to 

§ 504(b) or 114(a)(3) of the Clean Air Act;

(7) Any standard or other requirement governing solid waste incineration, under § 129 of 

the Clean Air Act;
17

(8) Any standard or other requirement for consumer and commercial products, under 

§ 183(e) of the Clean Air Act;

(9) Any standard or other requirement for tank vessels, under § 183(f) of the Clean Air 

Act;

(10) Any standard or other requirement of the program to control air pollution from outer 

continental shelf sources, under § 328 of the Clean Air Act;

(11) Any standard or other requirement of the regulations promulgated to protect 

stratospheric ozone under Title VI of the Clean Air Act, unless the administrator of the EPA has 

determined that such requirements need not be contained in a Part 70 operating permit; and

(12) Any national ambient air quality standard or increment or visibility requirement 

under Part C of Title I of the Clean Air Act, but only as it would apply to temporary sources 

permitted pursuant to § 504(e) of the Clean Air Act.

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 25 

SDR 123, effective April 4, 1999; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective 

June 13, 2006; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6.
18

74:36:01:20. Physical change in or change in the method of operation defined. A 

physical change in or change in the method of operation does not include the following:

(1) Routine maintenance, repair, and replacement;

(2) Use of an alternative fuel or raw material because of an order under §§ 2(a) and (b) of 

the Energy Supply and Environmental Coordination Act of 1974, as amended and in effect on 

January 1, 1993, or because of a natural gas curtailment plan pursuant to the Federal Power Act 

as in effect on January 1, 1993;

(3) Use of an alternative fuel because of an order or rule under § 125 of the Clean Air Act;

(4) Use at a steam generating unit of an alternative fuel that is generated from municipal 

solid waste;

(5) An increase in the hours of operation or in the production rate, unless the change is 

prohibited under a federally enforceable permit condition which was established after January 6, 

1975, pursuant to 40 C.F.R. § 52.21 (July 1, 2009 July 1, 2012), or under regulations approved 

pursuant to 40 C.F.R. Part 51, Subpart I, or 40 C.F.R. § 51.166 (July 1, 2009 July 1, 2012);

(6) Any change of ownership at a source;
19

(7) The use of an alternative fuel or raw material by a source which the source was 

capable of accommodating before January 6, 1975, unless the change is prohibited under a 

federally enforceable permit condition which was established after January 6, 1975, pursuant to 

40 C.F.R. § 52.21 (July 1, 2009 July 1, 2012), or under regulations approved pursuant to 40 

C.F.R. Part 51, Subpart I, or 40 C.F.R. § 51.166 (July 1, 2009 July 1, 2012); and

(8) The use of an alternative fuel or raw material which the source is approved to use 

under a permit issued under 40 C.F.R. § 52.21 (July 1, 2009 July 1, 2012) or under regulations 

approved pursuant to 40 C.F.R. § 51.165 (July 1, 2009 July 1, 2012).

Source: 25 SDR 123, effective April 4, 1999; 31 SDR 101, effective January 2, 2005; 32 

SDR 209, effective June 13, 2006; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6.

CHAPTER 74:36:02

AMBIENT AIR QUALITY

Section

74:36:02:01 Air quality goals.
20

74:36:02:02 Ambient air quality standards.

74:36:02:03 Methods of sampling and analysis.

74:36:02:04 Air quality monitoring network.

74:36:02:05 Ambient air monitoring requirements.

74:36:02:02. Ambient air quality standards. The ambient air quality standards listed 

in 40 C.F.R. §§ 50.1 to 50.5, inclusive, (July 1, 2009 July 1, 2012); 40 C.F.R. § 50.6 (July 1, 

2009 July 1, 2012); 40 C.F.R. § 50.7(a)(1), (b), and (c) (July 1, 2009 July 1, 2012); 40 C.F.R. 

§ 50.8 and 40 C.F.R. §§ 50.10 to 50.12, inclusive, (July 1, 2009 July 1, 2012), define the types 

and levels of air pollution above which the ambient air would limit the attainment of the goals 

specified in § 74:36:02:01. These standards apply to the entire state of South Dakota, and no 

person may cause these standards to be exceeded. The standards include normal background 

levels of air pollutants.

Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from 

§ 34:10:02:02, 7 SDR 4, effective July 27, 1980; transferred from § 44:10:02:02, effective July 1, 

1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 17 SDR 170, effective May 13, 1991; 

transferred from § 74:26:02:02, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective

January 5, 1995; 25 SDR 123, effective April 4, 1999; 26 SDR 168, effective June 27, 2000; 31 

SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 36 SDR 207, 

effective June 28, 2010.

General Authority: SDCL 34A-1-6, 34A-1-15.
21

Law Implemented: SDCL 34A-1-15.

74:36:02:03. Methods of sampling and analysis. Air pollutants of particulate matter, 

sulfur dioxide, carbon monoxide, ozone, nitrogen dioxide, and lead listed in 40 C.F.R. Part 50 

(July 1, 2009 July 1, 2012) shall be measured by the reference method or methods stated in 40 

C.F.R. Part 50, Appendix A to Appendix N, inclusive, (July 1, 2009 July 1, 2012) or an 

equivalent method designated in accordance with 40 C.F.R. Part 53 (July 1, 2009 July 1, 2012).

Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from 

§ 34:10:02:11, 7 SDR 4, effective July 27, 1980; transferred from § 44:10:02:09, effective July 1, 

1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; transferred from § 74:26:02:09, 19 SDR 

157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective 

April 4, 1999; 26 SDR 168, effective June 27, 2000; 31 SDR 101, effective January 2, 2005; 32 

SDR 209, effective June 13, 2006; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6, 34A-1-15.

Law Implemented: SDCL 34A-1-15.

74:36:02:04. Air quality monitoring network. The department shall outline ambient air 

monitoring goals, changes, and network design in the air quality monitoring network. The 

department shall revise the air quality monitoring network as required by 40 C.F.R. § 58.20 (July 

1, 2009 July 1, 2012).
22

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 25 

SDR 123, effective April 4, 1999; 26 SDR 168, effective June 27, 2000; 31 SDR 101, effective 

January 2, 2005; 32 SDR 209, effective June 13, 2006; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6, 34A-1-15.

Law Implemented: SDCL 34A-1-15.

74:36:02:05. Ambient air monitoring requirements. The operation of ambient air 

monitoring required by the department shall be consistent with 40 C.F.R. Part 58 (July 1, 2009

July 1, 2012). Records of monitoring activities and results shall be retained for a minimum of 

three years.

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 25 

SDR 123, effective April 4, 1999; 26 SDR 168, effective June 27, 2000; 31 SDR 101, effective 

January 2, 2005; 32 SDR 209, effective June 13, 2006; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6, 34A-1-15.

Law Implemented: SDCL 34A-1-15.

CHAPTER 74:36:03

AIR QUALITY EPISODES

Section
23

74:36:03:01 Air pollution emergency episode.

74:36:03:02 Episode emergency contingency plan.

74:36:03:01. Air pollution emergency episode. The proclamation of an air pollution 

emergency episode and its extent shall be made by the secretary, using the criteria in 40 C.F.R. 

§ 51.151 and Appendix L to Part 51 (July 1, 2009 July 1, 2012), if the accumulation of air 

pollutants in any place is attaining or has attained levels which could, if such levels are sustained 

or exceeded, lead to a substantial threat to the health of the public.

Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from

§ 34:10:02:22, 7 SDR 4, effective July 27, 1980; transferred from § 44:10:02:17, effective July 1, 

1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; transferred from § 74:26:02:17, 19 SDR 

157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 31 SDR 101, effective 

January 2, 2005; 32 SDR 209, effective June 13, 2006; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6, 34A-1-15.

Law Implemented: SDCL 34A-1-15.

74:36:03:02. Episode emergency contingency plan. The department shall develop an 

episode emergency contingency plan and maintain it following the requirements in 40 C.F.R. 

§ 51.152 (July 1, 2009 July 1, 2012). The department shall reevaluate the contingency plan in 

accordance with the requirements in 40 C.F.R. § 51.153 (July 1, 2009 July 1, 2012).
24

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 31 

SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 36 SDR 207, 

effective June 28, 2010.

General Authority: SDCL 34A-1-6, 34A-1-15.

Law Implemented: SDCL 34A-1-15.

CHAPTER 74:36:04

OPERATING PERMITS FOR MINOR SOURCES

Section

74:36:04:01 Applicability.

74:36:04:02 Minor source operating permit required.

74:36:04:02.01 Minor source operating permit exemption.

74:36:04:03 Emission unit exemptions.

74:36:04:03.01 Minor source operating permit variance.

74:36:04:04 Standard for issuance o a minor source operating permit.

74:36:04:05 Time period for operating permits and renewals.

74:36:04:06 Timely and complete application for operating permit required.

74:36:04:07 Required contents of complete application for operating permit.

74:36:04:08 Applicant required to supplement or correct application.

74:36:04:09 Permit application -- Completeness review.
25

74:36:04:10 Time period for department's recommendation.

74:36:04:11 Repealed.

74:36:04:12 Public participation in permitting process.

74:36:04:12.01 Public review of department's draft permit.

74:36:04:13 Final permit decision -- Notice to interested persons.

74:36:04:14 Right to petition for contested case hearing.

74:36:04:15 Contents of operating permit.

74:36:04:16 Operating permit expiration.

74:36:04:17 Renewal of operating permit.

74:36:04:18 Operating permit revision.

74:36:04:19 Administrative permit amendment.

74:36:04:20 Procedures for administrative permit amendments.

74:36:04:20.01 Minor permit amendment required.

74:36:04:20.02 Requirements for minor permit amendment.

74:36:04:20.03 Application for minor permit amendment.

74:36:04:20.04 Department deadline to approve minor permit amendment.

74:36:04:21 Permit modifications.

74:36:04:22 Source status change -- New permit required.

74:36:04:23 Reopening operating permit for cause.

74:36:04:24 Procedures to reopen operating permit.

74:36:04:25 and 74:36:04:26 Repealed.

74:36:04:27 Operating permit termination, revision, and revocation.

74:36:04:28 Notice of operating noncompliance -- Contents.
26

74:36:04:29 Petition for contested case on alleged violation.

74:36:04:30 Repealed.

74:36:04:31 Circumvention of emissions not allowed.

74:36:04:32 General permits.

74:36:04:33 Secretary may require an individual permit.

74:36:04:04. Standard for issuance of a minor source operating permit. An operating 

permit for a source or permit revision may be issued only if it has been shown that the operation 

of the source or permit revision will not prevent or interfere with the attainment or maintenance 

of an applicable national ambient air quality standard. Compliance with this requirement as 

determined by air pollution dispersion modeling is not affected by stack height that exceeds good 

engineering practice or by any other dispersion technique as defined in 40 C.F.R. § 51.100 (July 

1, 2009 July 1, 2012). Each source must comply with emission limits and other requirements of 

the act and the Clean Air Act. The minor source operating permit must include reasonable 

conditions, including adherence to plans and specifications, to assure compliance with the act, 

the Clean Air Act, and any other conditions justified under SDCL 34A-1-19.

Source: 2 SDR 40, effective December 7, 1975; transferred from § 34:10:01:08.02; 

transferred from § 44:10:01:12, effective July 1, 1981; 10 SDR 68, effective January 5, 1984; 12 

SDR 183, effective May 21, 1986; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 14 SDR 72, 

effective November 24, 1987; 16 SDR 88, effective November 14, 1989; 17 SDR 170, effective 

May 13, 1991; transferred from § 74:26:01:12, 19 SDR 157, effective April 22, 1993; 21 SDR 
27

119, effective January 5, 1995; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective 

June 13, 2006; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6, 34A-1-19, 34A-1-21.

Law Implemented: SDCL 34A-1-19, 34A-1-21.

74:36:04:05. Time period for operating permits and renewals. An operating permit for 

a minor source shall be issued for a period up to five years and all subsequent operating permits 

shall be for a period of five years.

Source: 2 SDR 40, effective December 7, 1975; transferred from § 34:10:01:21.04; 

transferred from § 44:10:01:32, effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective July 

1, 1987; 17 SDR 170, effective May 13, 1991; transferred from § 74:26:01:32, 19 SDR 157, 

effective April 22, 1993.

General Authority: SDCL 34A-1-6, 34A-1-21, 34A-1-24.

Law Implemented: SDCL 34A-1-21, 34A-1-24.

74:36:04:12. Public participation in permitting process. The department shall mail a 

copy of the draft permit for a minor source to the applicant. The department shall publish a 

public notice of the draft permit once in a legal newspaper in the county where the source is 

located. The notice must include a brief statement describing the source and where it is located; 

the department's recommendation and the reasons for it; the activity or activities involved in the 

permit action; the emissions change involved in any permit modification; a statement that a 

person may submit comments or contest the draft permit within 30 days after the publication of 
28

the notice; describe the procedures a person must follow to contest the draft permit and request a 

hearing in accordance with article 74:09; and a statement describing where copies of the draft 

permit or other information may be obtained. The department shall provide to the interested 

parties a 30-day notice of any hearing to contest a draft permit.

Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from 

§§ 34:10:01:02, 34:10:01:22.03, 7 SDR 4, effective July 27, 1980; transferred from 

§ 44:10:01:37, effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 14 SDR 

50, effective October 4, 1987; 17 SDR 170, effective May 13, 1991; transferred from 

§ 74:26:01:37, 19 SDR 157, effective April 22, 1993; 25 SDR 123, effective April 4, 1999; 36 

SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6, 34A-1-21.

Law Implemented: SDCL 1-26-27, 34A-1-21, 34A-1-30.

74:36:04:13. Final permit decision -- Notice to interested persons. The department 

shall make its final permit decision within 30 days of the end of the public comment period on a 

draft permit. The department shall notify, in writing, the applicant and each person that 

submitted written comments or requested notice of the final permit decision. The notice shall 

include reference to the procedures for contesting the final permit decision and requesting a 

hearing in accordance with article 74:09. For the purpose of this section, the final permit decision 

means proposing a permit, denying a permit, or terminating a permit.
29

The final permit will be issued within 30 days of notifying the applicant and each person 

that submitted written comments or requested notification of the final permit decision except 

under the following conditions:

(1) A later effective date is specified in the final permit decision;

(2) A contested case hearing is requested; or

(3) No comments or request for changes in the draft permit were received during the 

public notice period on the draft permit. In this case, the draft permit automatically becomes the 

final permit decision and the final permit is issued at the end of the public notice period.

Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from 

§§ 34:10:01:02, 34:10:01:22.04, 7 SDR 4, effective July 27, 1980; transferred from 

§ 44:10:01:38, effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 14 SDR 

50, effective October 4, 1987; 17 SDR 170, effective May 13, 1991; transferred from 

§ 74:26:01:38, 19 SDR 157, effective April 22, 1993; 25 SDR 123, effective April 4, 1999; 36 

SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6, 34A-1-21.

Law Implemented: SDCL 1-26-27, 1-26-29, 34A-1-21, 34A-1-30, 34A-1-34.

74:36:04:14. Right to petition for contested case hearing. The applicant or interested 

person may petition the board and obtain a contested case hearing to dispute the department's 

draft permit. Any other person may petition to intervene and request a hearing if the person has 

an interest affected by the department's draft permit. Such petitions must comply with the 
30

provisions of article 74:09 and be received by the department within 30 days after publication of 

the notice required by § 74:36:04:12.

The applicant or an interested person that comments on the draft permit may petition the 

board for and obtain a contested case hearing to dispute the department's final permit decision. 

Such petitions must comply with the provisions of article 74:09 and be received by the 

department within 30 days after receiving the department's final permit decision.

If the draft permit or the final permit decision is contested, the department shall present the 

draft permit or final permit decision to the board for action in accordance with article 74:09.

Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from 

§§ 34:10:01:02, 34:10:01:22.05, 7 SDR 4, effective July 27, 1980; transferred from 

§ 44:10:01:39, effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 14 SDR 

50, effective October 4, 1987; transferred from § 74:26:01:39, 19 SDR 157, effective April 22, 

1993; 25 SDR 123, effective April 4, 1999.

General Authority: SDCL 34A-1-6, 34A-1-21.

Law Implemented: SDCL 1-26-27, 1-26-29, 34A-1-21, 34A-1-30, 34A-1-34.

74:36:04:15. Contents of operating permit. An operating permit for a minor source shall 

include the following:

(1) The signature of either the secretary or the chairman;
31

(2) The name of the person, company, political subdivision, agency, or institution granted 

a permit;

(3) The type of operation;

(4) The facility and mailing address;

(5) The date the operating permit was granted and on which it will expire;

(6) A number for administrative reference;

(7) The name of a designated person or officer responsible for the source's operation;

(8) A statement granting an operating permit by the board or secretary and any conditions 

that the board or secretary may impose to ensure compliance with the act and the Clean Air Act;

(9) Emission limits and standards, including operational requirements and limits for all 

regulated emission units, necessary to assure compliance with applicable requirements of the act 

and the Clean Air Act;

(10) Monitoring and related record keeping and reporting requirements;

(11) A severability clause to ensure the continued validity of the various permit 

requirements if any portions of the permit are challenged; and

(12) Provisions stating the following:

(a) The permittee must comply with all conditions of the permit. Any permit

noncompliance constitutes a violation and is grounds for enforcement action, permit termination, 

revocation and reissuance, permit revision, or denial of a permit renewal application;

(b) The operating permit may be revised, revoked and reissued, reopened, or terminated 

for cause;
32

(c) The operating permit does not convey any property rights of any sort or any 

exclusive privilege; and

(d) The permittee shall provide any information, including records, requested in writing 

by the department to determine whether cause exists for revising, revoking and reissuing, 

reopening, or terminating the permit or to determine compliance.

Source: 2 SDR 40, effective December 7, 1975; transferred from § 34:10:01:22.10, 7 SDR 

4, effective July 27, 1980; transferred from § 44:10:01:44, effective July 1, 1981; 13 SDR 129, 

13 SDR 141, effective July 1, 1987; 17 SDR 170, effective May 13, 1991; transferred from 

§ 74:26:01:44, 19 SDR 157, effective April 22, 1993; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6, 34A-1-21.

Law Implemented: SDCL 34A-1-21, 34A-1-30.

CHAPTER 74:36:05

OPERATING PERMITS FOR PART 70 SOURCES

Section

74:36:05:01 Applicability.

74:36:05:02 Part 70 operating permit required.
33

74:36:05:03 Sources required to obtain a Part 70 operating permit.

74:36:05:03.01 Repealed.

74:36:05:04 Sources exempt from obtaining a Part 70 operating permit.

74:36:05:04.01 Insignificant activities.

74:36:05:05 Transferred.

74:36:05:06 Standard for issuance of a Part 70 permit.

74:36:05:06.01 Fees required for operating permit.

74:36:05:07 Time period for operating permits and renewals.

74:36:05:08 Timely and complete application for operating permit required.

74:36:05:09 Complete application.

74:36:05:10 and 74:36:05:11 Transferred.

74:36:05:12 Required contents of complete application.

74:36:05:13 Applicant required to supplement or correct application.

74:36:05:14 Repealed.

74:36:05:15 Deadline for final action on permit application.

74:36:05:16 Statement of basis for recommended permit conditions.

74:36:05:16.01 Operating permit requirements.

74:36:05:17 Public participation in permitting process.

74:36:05:18 Public and affected state review of draft permit.

74:36:05:19 Transferred.

74:36:05:20 Repealed.

74:36:05:20.01 Final permit decision -- Notice to interested persons.

74:36:05:20.02 Petitions for contested case hearing.
34

74:36:05:20.03 EPA review of Part 70 operating permit.

74:36:05:21 EPA objection to issuance of operating permit.

74:36:05:21.01 Department response to EPA objection.

74:36:05:22 Department failure to meet EPA objection deadline.

74:36:05:23 Public petition to EPA on the final permit.

74:36:05:24 Repealed.

74:36:05:25 to 74:36:05:27 Transferred.

74:36:05:28 Permit expiration.

74:36:05:29 Permit renewal.

74:36:05:30 Permit flexibility.

74:36:05:31 Permit amendment -- Application required.

74:36:05:32 Administrative permit amendment required.

74:36:05:33 Procedure for administrative permit amendments.

74:36:05:34 Minor permit amendment required.

74:36:05:35 Requirements for minor permit amendments.

74:36:05:36 Application for minor permit amendment.

74:36:05:37 Notification of EPA and affected states required.

74:36:05:38 Department deadline to approve minor permit amendment.

74:36:05:39 Permit modifications.

74:36:05:40 Reopening operating permit for cause.

74:36:05:41 Procedures to reopen permit.

74:36:05:42 Reopening permit for cause by EPA.

74:36:05:43 EPA review of proposed determination.
35

74:36:05:44 Department failure to submit proposed determination.

74:36:05:45 Repealed.

74:36:05:46 Permit termination, modification, revocation, and reissuance by 

department.

74:36:05:47 Notice of operating noncompliance -- Contents.

74:36:05:47.01 Circumvention of emissions not allowed.

74:36:05:48 Petition for contested case on alleged violation.

74:36:05:49 Repealed.

74:36:05:50 Federal enforceability of permit conditions.

74:36:05:51 General permits.

74:36:05:52 Secretary may require an individual permit.

74:36:05:04. Sources exempt from obtaining a Part 70 operating permit. The 

following sources are exempt from obtaining a Part 70 operating permit:

(1) All sources that are not included in § 74:36:05:03;

(2) Sources that operate a unit subject to 40 C.F.R. 60, Subpart AAA-Standards of 

Performance for New Residential Wood Heaters (July 1, 2009 July 1, 2012) are exempt from the 

obligation to obtain a Part 70 operating permit if the source is not required to obtain a Part 70 

operating permit for a reason other than the source is subject to Subpart AAA. Exempted sources 

must still meet the applicable requirements in Subpart AAA; or
36

(3) Sources that operate a unit subject to 40 C.F.R. § 61.145, Standard for Demolition and 

Renovation (July 1, 2009 July 1, 2012) are exempt from the obligation to obtain a Part 70 

operating permit if the source is not required to obtain a Part 70 operating permit for a reason 

other than the source is subject to 40 C.F.R. § 61.145 (July 1, 2009 July 1, 2012). Exempted 

sources must still meet the applicable requirements in 40 C.F.R. § 61.145 (July 1, 2009 July 1, 

2012).

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 31 

SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 36 SDR 207, 

effective June 28, 2010.

General Authority: SDCL 34A-1-6, 34A-1-21.

Law Implemented: SDCL 34A-1-12, 34A-1-21.

74:36:05:06. Standard for issuance of a Part 70 operating permit. A Part 70 operating 

permit for a source or permit revision may be issued only if it has been shown that the operation 

of the source or permit revision will not prevent or interfere with the attainment or maintenance 

of an applicable ambient air quality standard. Compliance with this requirement as determined 

by air pollution dispersion modeling is not affected by stack height that exceeds good 

engineering practice or by any other dispersion technique as defined in 40 C.F.R. § 51.100 (July 

1, 2009 July 1, 2012). Each source must comply with emission limits and other requirements of 

the act and the Clean Air Act. A Part 70 operating permit must include reasonable conditions, 

including adherence to plans and specifications, to assure compliance with the act, the Clean Air 

Act, and any other conditions justified under SDCL 34A-1-19.
37

Source: 2 SDR 40, effective December 7, 1975; transferred from § 34:10:01:08.02; 

transferred from § 44:10:01:12, effective July 1, 1981; 10 SDR 68, effective January 5, 1984; 12 

SDR 183, effective May 21, 1986; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 14 SDR 72, 

effective November 24, 1987; 16 SDR 88, effective November 14, 1989; 17 SDR 170, effective 

May 13, 1991; transferred from § 74:26:01:12, 19 SDR 157, effective April 22, 1993; 20 SDR 

125, effective February 9, 1994; 21 SDR 119, effective January 5, 1995; 31 SDR 101, effective 

January 2, 2005; 32 SDR 209, effective June 13, 2006; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6, 34A-1-19, 34A-1-21.

Law Implemented: SDCL 34A-1-19, 34A-1-21.

74:36:05:07. Time period for operating permits and renewals. A permit for an affected 

source under Title IV of the Clean Air Act shall be for a fixed term of five years. Operating 

permits for all Part 70 sources shall be issued for a period up to five years, and all subsequent 

operating permits shall be for a period of five years. A permit issued for a solid waste incinerator 

subject to the requirements of § 129(e) of the Clean Air Act shall be for a period not to exceed 12 

years and shall be reviewed by the department every five years.

Source: 2 SDR 40, effective December 7, 1975; transferred from § 34:10:01:21.04; 

transferred from § 44:10:01:32, effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective July 

1, 1987; 17 SDR 170, effective May 13, 1991; transferred from § 74:26:01:32, 19 SDR 157, 

effective April 22, 1993; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6, 34A-1-21, 34A-1-24.
38

Law Implemented: SDCL 34A-1-21, 34A-1-24.

74:36:05:16.01. Operating permit requirements. Each permit issued for the operation 

of a Part 70 source must contain:

(1) The name of the person, company, political subdivision, agency, or institution granted 

a permit;

(2) The type of operation;

(3) The facility and mailing address;

(4) The date the operating permit was granted and on which it will expire;

(5) A number for administrative reference;

(6) The name of a designated person or officer responsible for the source's operation;

(7) A statement granting an operating permit by the board or secretary and any conditions 

that the board or secretary may impose to ensure compliance with the act and the Clean Air Act;
39

(8) Emission limits and standards, including operational requirements and limits for all 

regulated emission units, necessary to assure compliance with applicable requirements of the act 

and the Clean Air Act and including the following:

(a) The reference of authority for each term or condition;

(b) The applicable requirements from the Clean Air Act and from Title IV requirements 

of the Clean Air Act, reviewing both requirements and distinguishing which is more stringent 

and incorporating both into the permit; and

(c) If an alternative emission limit is approved in the state implementation plan (SIP), 

provisions to ensure that the alternative emission limit in the permit issuance, renewal, or permit 

modification process has been demonstrated to be equivalent to the applicable emission limit in 

the state implementation plan and is quantifiable, accountable, enforceable, and based on 

replicable procedures;

(9) Monitoring and related record keeping and reporting requirements, consisting of at 

least the following:

(a) All emissions monitoring and analysis procedures, alternative approved methods or 

test methods required under the applicable requirements, including procedures and methods in 

§ 504(b) or 114(a)(3) of the Clean Air Act;
40

(b) If the applicable requirement does not require periodic testing or instrumental or 

noninstrumental monitoring, periodic monitoring sufficient to yield reliable data from the 

relevant time period that are representative of the source's compliance with the permit. Such 

monitoring requirements must assure use of terms, test methods, units, averaging periods, and 

other statistical conventions consistent with the applicable requirement;

(c) As necessary, documentation of the use, maintenance, and if appropriate, 

installation of monitoring equipment or methods;

(d) Documentation of the following:

(i) The date, place as defined in the permit, and time of sampling or 

measurements;

(ii) The date or dates analyses were performed;

(iii) The company or entity that performed the analyses;

(iv) The analytical techniques or methods used;

(v) The results of such analyses; and

(vi) The operating conditions as existing at the time of sampling or 

measurement;

(e) Record keeping and reporting requirements that comply with the following:
41

(i) Submission of reports of any required monitoring must occur at least every 

six months. Reports must clearly identify all deviations from permit requirements and conditions. 

All required reports must be certified by a responsible official; and

(ii) Deviations from permit requirements, including those attributable to upset 

conditions as defined in the permit, the probable cause of such deviations and any corrective 

actions or preventive measures taken must be promptly reported and certified by a responsible 

official; and

(f) Requirements for retention of monitoring records and all supporting documentation 

for at least five years from the date of the monitoring sample, measurement, report, or 

application; and

(10) If applicable, a condition prohibiting emissions exceeding any allowances that the 

source lawfully holds, exceedances of applicable emission rates, and the use of any allowance 

prior to the year for which it was allocated under the Title IV program of the Clean Air Act;

(11) A severability clause asserting the continued validity of permit requirements if any 

portions of the permit are challenged;

(12) Provisions stating the following:
42

(a) The permittee must comply with all conditions of the permit. Any permit 

noncompliance constitutes a violation and is grounds for enforcement action, permit termination, 

revocation and reissuance, permit revision, or denial of a permit renewal application;

(b) A permittee in an enforcement action may not use the defense that it would have 

been necessary to cease or reduce the permitted activity in order to maintain compliance;

(c) The permit may be revised, revoked and reissued, reopened, or terminated for 

cause. The filing of a request by the permittee for a permit revision, revocation and reissuance, or 

termination or of a notification of planned changes or anticipated noncompliance does not stay 

any permit condition;

(d) The permit does not convey property rights of any sort or any exclusive privilege; 

and

(e) The permittee must provide any information, including records, requested in writing 

by the department to determine whether cause exists for revising, revoking and reissuing, 

reopening, or terminating the permit or to determine compliance;

(13) Terms and conditions for reasonably anticipated operating scenarios identified by the 

source in its application and approved by the department. The terms and conditions must require 

the source, contemporaneously with making a change from one operating scenario to another, to 

record in a log at the permitted facility a record of the scenario under which it is operating and 
43

must ensure that the terms and conditions of each such alternative scenario meet all requirements 

of the Clean Air Act;

(14) Compliance requirements that contain the following:

(a) A compliance certification and testing, monitoring, reporting, and recordkeeping 

requirements sufficient to assure compliance with the terms and conditions of the permit. All 

documents, including reports, required by the permit must be certified by a responsible official 

consistent with subdivision 74:36:05:12(17). The compliance certification must be submitted 

annually from the date of permit issuance to the department and EPA;

(b) Inspection and entry requirements that require the permittee to allow the department 

or an authorized representative to perform the following:

(1) Enter upon the permittee's premises where a Part 70 source is located or 

emissions-related activity is conducted or where records must be kept under the conditions of the 

permit;

(2) Have access to and copy, at reasonable times, any records that must be kept 

under the conditions of the permit;

(3) Inspect at reasonable times any facilities, equipment, practices, or operations 

regulated or required under the permit; and
44

(4) As authorized by the Clean Air Act, sample or monitor at reasonable times 

substances or parameters for the purpose of assuring compliance with the permit or applicable 

requirements;

(c) A compliance plan in accordance with subdivision 74:36:05:12(15), including 

progress reports on noncompliance indicating the dates that compliance will be achieved or the 

dates that compliance was achieved as referred to in a schedule of compliance. The report must 

state an explanation for not attaining dates of compliance and must be submitted to the 

department semiannually or more frequently as required by the department; and

(d) A compliance certification in accordance with subdivision 74:36:05:12(16);

(15) A condition requiring a Part 70 source to pay any required fees;

(16) A condition stating that no permit revisions are required for increases in emissions 

allowed through emissions trading to the extent that such trades are authorized by the applicable 

requirements of the Clean Air Act;

(17) Any provisions the department uses to issue general permits that are in accordance 

with 40 C.F.R. Part 70.6(d) (July 1, 2009 July 1, 2012);
45

(18) Provisions for permit emission exceedances due to emergencies that are in 

accordance with the requirements in 40 C.F.R. Part 70.6(g) (July 1, 2009 July 1, 2012); and

(19) All applicable requirements of the Clean Air Act.

Source: 19 SDR 157, effective April 22, 1993; transferred from § 74:36:05:27, 20 SDR 

125, effective February 9, 1994; 21 SDR 119, effective January 5, 1995; 31 SDR 101, effective 

January 2, 2005; 32 SDR 209, effective June 13, 2006; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6, 34A-1-21.

Law Implemented: SDCL 34A-1-12, 34A-1-21.

74:36:05:20.01. Final permit decision -- Notice to interested persons. The department 

shall make its final permit decision within 30 days of the end of the public comment period on a 

draft permit. The department shall notify, in writing, the applicant and each person or affected 

state that submitted written comments or requested notice of the final permit decision. The notice 

shall include reference to the procedures for contesting the final permit decision and requesting a 

hearing in accordance with article 74:09. For the purpose of this section, the final permit decision 

means proposing a permit, denying a permit, or terminating a permit.

The proposed Part 70 operating permit must be submitted to EPA within 30 days of 

notifying the applicant and each person or affected state that submitted written comments or 

requested notification of the final permit decision except under the following conditions:

(1) A later effective date is specified in the final permit decision;
46

(2) A contested case hearing is requested; or

(3) No comments or request for changes in the draft permit were received during the 

public notice period on the draft permit. In this case, the draft permit automatically becomes the 

final permit decision and the proposed Part 70 operating permit is submitted to EPA.

Source: 19 SDR 157, effective April 22, 1993; transferred from § 74:36:05:25, 20 SDR 

125, effective February 9, 1994; 25 SDR 123, effective April 4, 1999; 36 SDR 207, effective 

June 28, 2010.

General Authority: SDCL 34A-1-6, 34A-1-21.

Law Implemented: SDCL 1-26-27, 1-26-29, 34A-1-21, 34A-1-30, 34A-1-34.

74:36:05:20.02. Petitions for contested case hearing. The applicant, interested person, 

or affected state may petition the board and obtain a contested case hearing to dispute the 

department's draft permit. Any other person may petition to intervene and request a hearing if the 

person has an interest affected by the department's draft permit. Such petitions must comply with 

the provisions of article 74:09 and be received by the department within 30 days after the notice 

required by § 74:36:05:17.

The applicant or an interested person or affected state that comments on the draft permit 

may petition the board for and obtain a contested case hearing to dispute the department's final 

permit decision. Such petitions must comply with the provisions of article 74:09 and be received 

by the department within 30 days after the applicant, interested person, or affected state receives 

the department's final permit decision.
47

If the draft permit or the final permit decision is contested, the department shall present the 

draft permit or final permit decision to the board for action in accordance with article 74:09.

Source: SL 1975, ch 16, §1; 2 SDR 40, effective December 7, 1975; transferred from 

§§ 34:10:01:02, 34:10:01:22.05, 7 SDR 4, effective July 27, 1980; transferred from 

§ 44:10:01:39, effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 14 SDR 

50, effective October 4, 1987; transferred from § 74:26:01:39, 19 SDR 157, effective April 22, 

1993; transferred from § 74:36:05:26, 20 SDR 125, effective February 9, 1994; 21 SDR 119, 

effective January 5, 1995; 25 SDR 123, effective April 4, 1999.

General Authority: SDCL 34A-1-6, 34A-1-21.

Law Implemented: SDCL 1-26-27, 1-26-29, 34A-1-21, 34A-1-30, 34A-1-34.

CHAPTER 74:36:07

NEW SOURCE PERFORMANCE STANDARDS

Section

74:36:07:01 New source performance standards.

74:36:07:02 Standards of performance for fossil fuel-fired steam generators.

74:36:07:03 Standards of performance for electric utility steam generators.

74:36:07:04 Standards of performance for industrial, commercial, and institutional steam 

generating units.

74:36:07:05 Standards of performance for small industrial, commercial, and institutional 

steam generating units.
48

74:36:07:06 Standards of performance for incinerators.

74:36:07:06.01 Standards of performance for hospital/medical/infectious waste incinerators 

constructed on or before June 20, 1996.

74:36:07:06.02 Standards of performance for hospital/medical/infectious waste incinerators for 

which construction is commenced after June 20, 1996.

74:36:07:07 Standards of performance for municipal waste combustors.

74:36:07:07.01 Standards of performance for municipal combustors constructed after September 

20, 1994.

74:36:07:08 Ash disposal requirements.

74:36:07:09 Standards of performance for portland cement plants.

74:36:07:10 Standards of performance for asphalt concrete plants.

74:36:07:11 Repealed.

74:36:07:12 Standards of performance for storage vessels of petroleum liquids constructed 

after June 11, 1973, and before May 19, 1978.

74:36:07:13 Standards of performance for storage vessels of petroleum liquids constructed 

after May 18, 1978, and before July 24, 1984.

74:36:07:14 Standards of performance for volatile organic liquid storage vessels (including 

petroleum liquid storage vessels) for which construction, reconstruction, or 

modification commenced after July 23, 1984.

74:36:07:15 Standards of performance for sewage treatment plants.

74:36:07:16 Standards of performance for coal preparation plants.

74:36:07:17 Standards of performance for grain elevators.

74:36:07:18 Standards of performance for stationary gas turbines.
49

74:36:07:19 Standards of performance for lime manufacturing plants.

74:36:07:20 Standards of performance for metallic mineral processing plants.

74:36:07:21 Standards of performance for pressure-sensitive tape and label surface coating 

operations.

74:36:07:22 Standards of performance for equipment leaks of VOC in the synthetic organic 

chemicals manufacturing industry.

74:36:07:22.01 Standards of performance for equipment leaks of VOC in the synthetic organic 

chemicals manufacturing industry for which construction, reconstruction, or 

modification commenced after November 7, 2006.

74:36:07:23 Standards of performance for bulk gasoline terminals.

74:36:07:24 Standards of performance for new residential wood heaters.

74:36:07:25 Standards of performance for petroleum dry cleaners.

74:36:07:26 Standards of performance for VOC emissions from synthetic organic chemical 

manufacturing industry (SOCMI) distillation operations.

74:36:07:27 Standards of performance for nonmetallic mineral processing plants.

74:36:07:28 Standards of performance for magnetic tape coating facilities.

74:36:07:29 Operating requirements for wire reclamation furnaces.

74:36:07:30 Monitoring requirements for wire reclamation furnaces.

74:36:07:31 Standards of performance for graphic arts industry -- Publication rotogravure 

printing.

74:36:07:32 Standards of performance for volatile organic compound emissions from 

synthetic organic chemical manufacturing industry (SOCMI) reactor 

processes.
50

74:36:07:33 Standards of performance for calciners and dryers in mineral industries.

74:36:07:34 Existing municipal solid waste landfill.

74:36:07:35 Plan submittal by existing municipal solid waste landfills.

74:36:07:36 Collection system.

74:36:07:37 Control system.

74:36:07:38 Compliance schedule for existing municipal solid waste landfills.

74:36:07:39 Existing municipal solid waste landfill operational standards for collection and 

control systems.

74:36:07:40 Existing municipal solid waste landfill compliance provisions.

74:36:07:41 Existing municipal solid waste landfill monitoring provisions.

74:36:07:42 Existing municipal solid waste landfill reporting and recordkeeping.

74:36:07:42.01 Additional reporting for existing municipal solid waste landfills.

74:36:07:43 Standards of performance for new municipal solid waste landfills.

74:36:07:44 Standards of performance for nitric acid plants.

74:36:07:45 Standards of performance for sulfuric acid plants.

74:36:07:46 Standards of performance for petroleum refineries.

74:36:07:46.01 Standards of performance for petroleum refineries for which construction, 

reconstruction, or modification commenced after May 14, 2007.

74:36:07:47 Standards of performance for secondary lead smelters.

74:36:07:48 Standards of performance for secondary brass and bronze production plants.

74:36:07:49 Standards of performance for primary emissions from basic oxygen process 

furnaces for which construction commenced after June 11, 1973.
51

74:36:07:50 Standards of performance for secondary emissions from basic oxygen process 

steelmaking facilities for which construction commenced after January 20, 

1983.

74:36:07:51 Standards of performance for primary copper smelter.

74:36:07:52 Standards of performance for primary zinc smelter.

74:36:07:53 Standards of performance for primary lead smelter.

74:36:07:54 Standards of performance for primary aluminum reduction plant.

74:36:07:55 Standards of performance for wet-process phosphoric acid plant.

74:36:07:56 Standards of performance for superphosphoric acid plant.

74:36:07:57 Standards of performance for diammonium phosphate plant.

74:36:07:58 Standards of performance for triple superphosphate plant.

74:36:07:59 Standards of performance for granular triple superphosphate storage facility.

74:36:07:60 Standards of performance for ferroalloy production plant.

74:36:07:61 Standards of performance for electric arc furnaces and argon-oxygen 

decarburization vessels constructed after August 17, 1983.

74:36:07:62 Standards of performance for kraft pulp mills.

74:36:07:63 Standards of performance for glass manufacturing plant.

74:36:07:64 Standards of performance for surface coating of metal furniture.

74:36:07:65 Standards of performance for lead-acid battery manufacturing plant.

74:36:07:66 Standards of performance for automobile and light duty truck surface coating 

operations.

74:36:07:67 Standards of performance for phosphate rock plants.

74:36:07:68 Standards of performance for ammonium sulfate manufacture.
52

74:36:07:69 Standards of performance for industrial surface coating -- Large appliances.

74:36:07:70 Standards of performance for metal coil surface coating.

74:36:07:71 Standards of performance for asphalt processing and asphalt roofing anufacture.

74:36:07:72 Standards of performance for beverage can surface coating industry.

74:36:07:73 Standards of performance for rubber tire manufacturing industry.

74:36:07:74 Standards of performance for volatile organic compound emissions from 

polymer manufacturing industry.

74:36:07:75 Standards of performance for flexible vinyl and urethane coating and printing.

74:36:07:76 Standards of performance for equipment leaks of VOC in petroleum refineries.

74:36:07:76.01 Standards of performance for equipment leaks of VOC in petroleum refineries.

74:36:07:77 Standards of performance for synthetic fiber production facility.

74:36:07:78 Standards of performance for VOC emissions from synthetic organic chemical 

manufacturing industry air oxidation unit process.

74:36:07:79 Standards of performance for equipment leaks of VOC from onshore natural gas 

processing plant.

74:36:07:80 Standards of performance for onshore natural gas processing.

74:36:07:81 Standards of performance for wool fiberglass insulation manufacturing plant.

74:36:07:82 Standards of performance for VOC emissions from petroleum refinery 

wastewater system.

74:36:07:83 Standards of performance for industrial surface coating -- Surface coating of 

plastic parts for business machines.

74:36:07:84 Standards of performance for polymeric coating of supporting substrates facility.
53

74:36:07:85 Standards of performance for small municipal waste combustion units for which 

construction commenced after August 30, 1999, or modification or 

reconstruction commenced after June 6, 2001.

74:36:07:86 Standards of performance for commercial and industrial solid waste incineration 

units for which construction commenced after November 30, 1999, or 

modification or reconstruction commenced on or after June 1, 2001.

74:36:07:87 Standards of performance for other solid waste incineration units for which 

construction commenced after December 9, 2004, or modification or 

reconstruction commenced on or after June 16, 2006.

74:36:07:88 Standards of performance for stationary compression ignition internal 

combustion engines.

74:36:07:89 Standards of performance for stationary combustion turbines.

74:36:07:90 Standards of performance for stationary spark ignition internal combustion 

engines.

74:36:07:91 Standards of performance for nitric acid plants for which construction, 

reconstruction, or modification commenced after October 14, 2011.

74:36:07:92 Standards of performance for new sewage sludge incineration units.

74:36:07:01. New source performance standards. The general provisions for new 

source performance standards are those in 40 C.F.R. §§ 60.1 to 60.19, inclusive, (July 1, 2009

July 1, 2012). For the purposes of this chapter, "administrator" means the secretary, except for 

those authorities that cannot be delegated to the state, in which case "administrator" means both 

the administrator of the Environmental Protection Agency and the secretary.
54

Source: 14 SDR 72, effective November 24, 1987; 16 SDR 88, effective November 14, 

1989; 17 SDR 170, effective May 13, 1991; transferred from § 74:26:08:43, 19 SDR 157, 

effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective 

December 29, 1996; 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 

2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 

217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:02. Standards of performance for fossil fuel-fired steam generators. The 

standards of performance for fossil fuel-fired steam generators are those in 40 C.F.R. §§ 60.40 to 

60.46, inclusive, (July 1, 2009 July 1, 2012).

Source: 14 SDR 72, effective November 24, 1987; 17 SDR 170, effective May 13, 1991; 

transferred from § 74:26:09:07, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective 

January 5, 1995; 23 SDR 106, effective December 29, 1996; 26 SDR 168, effective June 27, 

2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 

209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 

28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:03. Standards of performance for electric utility steam generators. The 
55

standards of performance for electric utility steam generators are those in 40 C.F.R. §§ 60.40Da 

to 60.49Da, inclusive, § 60, Subpart Da (July 1, 2009 July 1, 2012).

Source: 14 SDR 72, effective November 24, 1987; 17 SDR 170, effective May 13, 1991; 

transferred from § 74:26:10:15, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective 

January 5, 1995; 23 SDR 106, effective December 29, 1996; 26 SDR 168, effective June 27, 

2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 

209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 

28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:04. Standards of performance for industrial, commercial, and institutional 

steam generating units. The standards of performance for industrial, commercial, and 

institutional steam generating units are those in 40 C.F.R. §§ 60.40b to 60.49b, inclusive, (July 1, 

2009 July 1, 2012).

Source: 16 SDR 88, effective November 14, 1989; 17 SDR 170, effective May 13, 1991; 

transferred from § 74:26:24:01, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective 

January 5, 1995; 23 SDR 106, effective December 29, 1996; 26 SDR 168, effective June 27, 

2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 

209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 

28, 2010.
56

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:05. Standards of performance for small industrial, commercial, and 

institutional steam generating units. The standards of performance for small industrial, 

commercial, and institutional steam generating units are those in 40 C.F.R. §§ 60.40c to 60.48c, 

inclusive, (July 1, 2009 July 1, 2012). A source that operates a unit subject to 40 C.F.R. 

§§ 60.40c to 60.48c, inclusive, (July 1, 2009 July 1, 2012) is exempt from the obligation to 

obtain a Part 70 operating permit, if the source burns solely natural gas or propane and is not 

required to obtain a Part 70 operating permit for a reason other than the source is subject to 40 

C.F.R. §§ 60.40c to 60.48c, inclusive, (July 1, 2009 July 1, 2012). Exempted sources must still 

meet the applicable requirements in 40 C.F.R. §§ 60.40c to 60.48c, inclusive, (July 1, 2009 July 

1, 2012).

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 

SDR 106, effective December 29, 1996; 26 SDR 168, effective June 27, 2000; 30 SDR 26, 

effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 

13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.
57

74:36:07:06. Standards of performance for incinerators. The standards of performance 

for incinerators are those in 40 C.F.R. §§ 60.50 to 60.54, inclusive, (July 1, 2009 July 1, 2012).

Source: 14 SDR 72, effective November 24, 1987; 17 SDR 170, effective May 13, 1991; 

transferred from § 74:26:11:06, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective 

January 5, 1995; 23 SDR 106, effective December 29, 1996; 30 SDR 26, effective September 1, 

2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 

217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:06.01. Standards of performance for hospital/medical/infectious waste 

incinerators constructed on or before June 20, 1996. 40 C.F.R. Part 60, Subpart Ce (July 1, 

2009 July 1, 2012), is incorporated into this rule by reference. Designated facilities under 

Subpart Ce shall comply with the requirements for state plan approval in 40 C.F.R. §§ 60.32e to 

60.38e, inclusive, (July 1, 2009 July 1, 2012).

The owner or operator of a hospital/medical/infectious waste incinerator constructed on or 

before June 20, 1996, that decides to cease operation shall notify the department within six 

months of EPA's approval of the state plan for hospital/medical/infectious waste incinerators. 

The written notification shall inform the department of when the unit will be shutdown. The 
58

shutdown date may not exceed one year after EPA's approval of the state plan for 

hospital/medical/infectious waste incinerators.

The owner or operator of a hospital/medical/infectious waste incinerator constructed on or 

before June 20, 1996, that decides to comply with the requirements of this section shall submit a 

compliance plan within six months of state plan approval that meets the following deadlines:

(1) Submit a Part 70 operating permit application and design drawings of the air pollution 

control device to the department within one year of state plan approval;

(2) Submit a copy of the purchase order or other documentation indicating an order has 

been placed for the major components of the air pollution control device within 15 months of 

state plan approval;

(3) Begin initiation of site preparation for installation of the air pollution control device 

within 2 years after state plan approval;

(4) Complete installation of the air pollution control device within 30 months after state 

plan approval; and

(5) Conduct a performance test within 33 months after state plan approval.
59

The owner or operator shall comply with 40 C.F.R. §§ 60.34e and 60.36e (July 1, 2009) 

within one year after state plan approval. The owner or operator shall comply with the remaining 

requirements in this section within three years after state plan approval or by September 15, 

2002, whichever is earlier.

Source: 25 SDR 123, effective April 4, 1999; 26 SDR 168, effective June 27, 2000; 30 

SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, 

effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 

2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:06.02. Standards of performance for hospital/medical/infectious waste 

incinerators for which construction is commenced after June 20, 1996. The standards of 

performance for hospital/medical/infectious waste incinerators constructed after June 20, 1996, 

are those in 40 C.F.R. §§ 60.50c to 60.58c (July 1, 2009 July 1, 2012).

Source: 25 SDR 123, effective April 4, 1999; 26 SDR 168, effective June 27, 2000; 30 

SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, 

effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 

2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.
60

74:36:07:07. Standards of performance for municipal waste combustors. The 

standards of performance for municipal waste combustors are those in 40 C.F.R. §§ 60.50a to 

60.59a, inclusive, (July 1, 2009 July 1, 2012).

Source: 17 SDR 69, effective November 22, 1990; 17 SDR 170, effective May 13, 1991; 

18 SDR 90, effective November 24, 1991; transferred from § 74:26:26:01, 19 SDR 157, effective 

April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 

1996; 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 

101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 

13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:07.01. Standards of performance for municipal combustors constructed 

after September 20, 1994. The standards of performance for municipal waste combustors 

constructed after September 20, 1994, or modified or reconstructed after June 19, 1996, are those 

in 40 C.F.R. §§ 60.50b to 60.59b, inclusive, (July 1, 2009 July 1, 2012).

Source: 23 SDR 106, effective December 29. 1996; 25 SDR 123, effective April 4, 1999; 

26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, 

effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 

2007; 36 SDR 207, effective June 28, 2010.
61

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:09. Standards of performance for portland cement plants. The standards of 

performance for portland cement plants are those in 40 C.F.R. §§ 60.60 to 60.66, inclusive, (July 

1, 2009 July 1, 2012).

Source: 14 SDR 72, effective November 24, 1987; 17 SDR 170, effective May 13, 1991; 

transferred from § 74:26:12:06, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective 

January 5, 1995; 23 SDR 106, effective December 29, 1996; 26 SDR 168, effective June 27, 

2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 

209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 

28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:10. Standards of performance for asphalt concrete plants. The standards of 

performance for asphalt concrete plants are those in 40 C.F.R. §§ 60.90 to 60.93, inclusive, (July 

1, 2009 July 1, 2012).

Source: 14 SDR 72, effective November 24, 1987; 17 SDR 170, effective May 13, 1991; 

transferred from § 74:26:13:05, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective 

January 5, 1995; 23 SDR 106, effective December 29, 1996; 30 SDR 26, effective September 1, 
62

2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 

217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:12. Standards of performance for storage vessels of petroleum liquids 

constructed after June 11, 1973, and before May 19, 1978. The standards of performance for 

storage vessels of petroleum liquids constructed after June 11, 1973, and before May 19, 1978, 

are those in 40 C.F.R. §§ 60.110 to 60.113, inclusive, (July 1, 2009 July 1, 2012). A source that 

operates a unit subject to 40 C.F.R. §§ 60.110 to 60.113, inclusive, (July 1, 2009) is exempt from 

the obligation to obtain a Part 70 operating permit if the unit is not required to install controls 

and if the source is not required to obtain a Part 70 operating permit for a reason other than the 

source is subject to 40 C.F.R. §§ 60.110 to 60.113, inclusive, (July 1, 2009 July 1, 2012). 

Exempted sources must still meet the applicable requirements in 40 C.F.R. §§ 60.110 to 60.113, 

inclusive, (July 1, 2009 July 1, 2012).

Source: 14 SDR 72, effective November 24, 1987; 17 SDR 170, effective May 13, 1991; 

transferred from § 74:26:14:05, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective 

January 5, 1995; 23 SDR 106, effective December 29, 1996; 30 SDR 26, effective September 1, 

2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 

217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.
63

74:36:07:13. Standards of performance for storage vessels of petroleum liquids 

constructed after May 18, 1978, and before July 24, 1984. The standards of performance for 

storage vessels of petroleum liquids constructed after May 18, 1978, and before July 24, 1984, 

are those in 40 C.F.R. §§ 60.110a to 60.115a, inclusive, (July 1, 2009 July 1, 2012). A source 

that operates a unit subject to 40 C.F.R. §§ 60.110a to 60.115a, inclusive, (July 1, 2009 July 1, 

2012) is exempt from the obligation to obtain a Part 70 operating permit if the unit is not 

required to install controls and if the source is not required to obtain a Part 70 operating permit 

for a reason other than the source is subject to 40 C.F.R. §§ 60.110a to 60.115a, inclusive, (July 

1, 2009). Exempted sources must still meet the applicable requirements in 40 C.F.R. §§ 60.110a 

to 60.115a, inclusive, (July 1, 2009 July 1, 2012).

Source: 14 SDR 72, effective November 24, 1987; 16 SDR 88, effective November 14, 

1989; 17 SDR 170, effective May 13, 1991; transferred from § 74:26:20:19, 19 SDR 157, 

effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective 

December 29, 1996; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 

2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, 

effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:14. Standards of performance for volatile organic liquid storage vessels 

(including petroleum liquid storage vessels) for which construction, reconstruction, or 
64

modification commenced after July 23, 1984. The standards of performance for volatile 

organic liquid storage vessels (including petroleum liquid storage vessels) for which 

construction, reconstruction, or modification commenced after July 23, 1984, are those in 40 

C.F.R. §§ 60.110b to 60.117b, inclusive, (July 1, 2009 July 1, 2012). A source that operates a 

unit subject to 40 C.F.R. §§ 60.110b to 60.117b, inclusive, (July 1, 2009 July 1, 2012) is exempt 

from the obligation to obtain a Part 70 operating permit if the unit is not required to install 

controls and if the source is not required to obtain a Part 70 operating permit for a reason other 

than the source is subject to 40 C.F.R. §§ 60.110b to 60.117b, inclusive, (July 1, 2009 July 1, 

2012). Exempted sources must still meet the applicable requirements in 40 C.F.R. §§ 60.110b to 

60.117b, inclusive, (July 1, 2009 July 1, 2012).

Source: 16 SDR 88, effective November 14, 1989; 17 SDR 170, effective May 13, 1991; 

transferred from § 74:26:25:01, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective 

January 5, 1995; 23 SDR 106, effective December 29, 1996; 26 SDR 168, effective June 27, 

2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 

209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 

28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:15. Standards of performance for sewage treatment plants. The standards of 

performance for sewage treatment plants are those in 40 C.F.R. §§ 60.150 to 60.156, inclusive, 

(July 1, 2009 July 1, 2012).
65

Source: 14 SDR 72, effective November 24, 1987; 17 SDR 170, effective May 13, 1991; 

transferred from § 74:26:15:06, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective 

January 5, 1995; 23 SDR 106, effective December 29, 1996; 30 SDR 26, effective September 1, 

2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 

217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:16. Standards of performance for coal preparation plants. The standards of 

performance for coal preparation plants are those in 40 C.F.R. §§ 60.250 to 60.254, inclusive, §

60, Subpart Y (July 1, 2009 July 1, 2012).

Source: 14 SDR 72, effective November 24, 1987; 17 SDR 170, effective May 13, 1991; 

transferred from § 74:26:16:06, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective 

January 5, 1995; 23 SDR 106, effective December 29, 1996; 30 SDR 26, effective September 1, 

2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 

217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:17. Standards of performance for grain elevators. The standards of 

performance for grain elevators are those in 40 C.F.R. §§ 60.300 to 60.304, inclusive, (July 1, 
66

2009 July 1, 2012). A source subject to 40 C.F.R. §§ 60.300 to 60.304, inclusive, (July 1, 2009

July 1, 2012) is exempt from the obligation to obtain a Part 70 operating permit if the source is 

not required to obtain a Part 70 operating permit for a reason other than the source is subject to 

40 C.F.R. §§ 60.300 to 60.304, inclusive, (July 1, 2009 July 1, 2012). Exempted sources must 

still meet the applicable requirements in 40 C.F.R. § 60.300 to 60.304, inclusive, (July 1, 2009

July 1, 2012).

Source: 14 SDR 72, effective November 24, 1987; 16 SDR 88, effective November 14, 

1989; 17 SDR 170, effective May 13, 1991; transferred from § 74:26:17:06, 19 SDR 157, 

effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective 

December 29, 1996; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 

2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, 

effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:18. Standards of performance for stationary gas turbines. The standards of 

performance for stationary gas turbines are those in 40 C.F.R. §§ 60.330 to 60.335, inclusive, 

(July 1, 2009 July 1, 2012).

Source: 14 SDR 72, effective November 24, 1987; 16 SDR 88, effective November 14, 

1989; 17 SDR 170, effective May 13, 1991; transferred from § 74:26:19:07, 19 SDR 157, 

effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective 
67

December 29, 1996; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 

2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, 

effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:19. Standards of performance for lime manufacturing plants. The standards 

of performance for lime manufacturing plants are those in 40 C.F.R. §§ 60.340 to 60.344, 

inclusive, (July 1, 2009 July 1, 2012).

Source: 14 SDR 72, effective November 24, 1987; 17 SDR 170, effective May 13, 1991; 

transferred from § 74:26:18:10, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective 

January 5, 1995; 23 SDR 106, effective December 29, 1996; 30 SDR 26, effective September 1, 

2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 

217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:20. Standards of performance for metallic mineral processing plants. The 

standards of performance for metallic mineral processing plants are those in 40 C.F.R. §§ 60.380 

to 60.386, inclusive, (July 1, 2009 July 1, 2012).
68

Source: 11 SDR 151, effective May 12, 1985; 13 SDR 129, 13 SDR 141, effective July 1, 

1987; 14 SDR 72, effective November 24, 1987; 17 SDR 170, effective May 13, 1991; 

transferred from § 74:26:21:02, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective 

January 5, 1995; 23 SDR 106, effective December 29, 1996; 30 SDR 26, effective September 1, 

2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 

217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:21. Standards of performance for pressure-sensitive tape and label surface 

coating operations. The standards of performance for pressure-sensitive tape and label surface 

coating operations are those in 40 C.F.R. §§ 60.440 to 60.447, inclusive, (July 1, 2009 July 1, 

2012).

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 

SDR 106, effective December 29, 1996; 30 SDR 26, effective September 1, 2003; 31 SDR 101, 

effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 

2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:22. Standards of performance for equipment leaks of VOC in the synthetic 

organic chemicals manufacturing industry. The standards of performance for equipment leaks 
69

of VOC in the synthetic organic chemicals manufacturing industry are those in 40 C.F.R. 

§§ 60.480 to 60.489, inclusive, (July 1, 2009 July 1, 2012).

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 

SDR 106, effective December 29, 1996; 26 SDR 168, effective June 27, 2000; 30 SDR 26, 

effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 

13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:22.01. Standards of performance for equipment leaks of VOC in the 

synthetic organic chemicals manufacturing industry for which construction, 

reconstruction, or modification commenced after November 7, 2006. The standards of 

performance for equipment leaks of VOC in the synthetic organic chemicals manufacturing 

industry, for which construction, reconstruction, or modification commenced after November 7, 

2006, are those in 40 C.F.R. § 60, Subpart VVa (July 1, 2009 July 1, 2012).

Source: 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.
70

74:36:07:23. Standards of performance for bulk gasoline terminals. The standards of 

performance for bulk gasoline terminals are those in 40 C.F.R. §§ 60.500 to 60.506, inclusive, 

(July 1, 2009 July 1, 2012).

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 

SDR 106, effective December 29, 1996; 26 SDR 168, effective June 27, 2000; 30 SDR 26, 

effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 

13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:24. Standards of performance for new residential wood heaters. The 

standards of performance for new residential wood heaters are those in 40 C.F.R. §§ 60.530 to 

60.539b, inclusive, (July 1, 2009 July 1, 2012).

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 

SDR 106, effective December 29, 1996; 26 SDR 168, effective June 27, 2000; 30 SDR 26, 

effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 

13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.
71

74:36:07:25. Standards of performance for petroleum dry cleaners. The standards of 

performance for petroleum dry cleaners are those in 40 C.F.R. §§ 60.620 to 60.625, inclusive, 

(July 1, 2009 July 1, 2012). A source subject to 40 C.F.R. §§ 60.620 to 60.625, inclusive, (July 

1, 2009 July 1, 2012) is exempt from the obligation to obtain a Part 70 operating permit if the 

source is not required to obtain a Part 70 operating permit for a reason other than the source is 

subject to 40 C.F.R. §§ 60.620 to 60.625, inclusive, (July 1, 2009 July 1, 2012). Exempted 

sources must still meet the applicable requirements in 40 C.F.R. §§ 60.620 to 60.625, inclusive, 

(July 1, 2009 July 1, 2012).

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 

SDR 106, effective December 29, 1996; 30 SDR 26, effective September 1, 2003; 31 SDR 101, 

effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 

2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:26. Standards of performance for VOC emissions from synthetic organic 

chemical manufacturing industry (SOCMI) distillation operations. The standards of 

performance for VOC emissions from synthetic organic chemical manufacturing industry 

(SOCMI) distillation operations are those in 40 C.F.R. §§ 60.660 to 60.668, inclusive, (July 1, 

2009 July 1, 2012).
72

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 

SDR 106, effective December 29, 1996; 26 SDR 168, effective June 27, 2000; 30 SDR 26, 

effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 

13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:27. Standards of performance for nonmetallic mineral processing plants.

The standards of performance for nonmetallic mineral processing plants are those in 40 C.F.R. 

§§ 60.670 to 60.676, inclusive, (July 1, 2009 July 1, 2012).

Source: 12 SDR 183, effective May 21, 1986; 13 SDR 129, 13 SDR 141, effective July 1, 

1987; 14 SDR 72, effective November 24, 1987; 17 SDR 170, effective May 13, 1991; 

transferred from § 74:26:23:02, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective 

January 5, 1995; 23 SDR 106, effective December 29, 1996; 26 SDR 168, effective June 27, 

2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 

209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 

28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.
73

74:36:07:28. Standards of performance for magnetic tape coating facilities. The 

standards of performance for magnetic tape coating facilities are those in 40 C.F.R. §§ 60.710 to 

60.718, inclusive, (July 1, 2009 July 1, 2012).

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 

SDR 106, effective December 29, 1996; 26 SDR 168, effective June 27, 2000; 30 SDR 26, 

effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 

13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:31. Standards of performance for graphic arts industry -- Publication 

rotogravure printing. The standards of performance for publication rotogravure printing in the 

graphic arts industry are those in 40 C.F.R. §§ 60.430 to 60.435, inclusive, (July 1, 2009 July 1, 

2012).

Source: 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 

1996; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 

209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 

28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.
74

74:36:07:32. Standards of performance for volatile organic compound emissions 

from synthetic organic chemical manufacturing industry (SOCMI) reactor processes. The 

standards of performance for volatile organic compound emissions from synthetic organic 

chemical manufacturing industry reactor processes are those in 40 C.F.R. §§ 60.700 to 60.707, 

inclusive, § 60, Subpart RRR (July 1, 2009 July 1, 2012).

Source: 23 SDR 106, effective December 29, 1996; 26 SDR 168, effective June 27, 2000; 

30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, 

effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 

2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:33. Standards of performance for calciners and dryers in mineral 

industries. The standards of performance for calciners and dryers in mineral industries are those 

in 40 C.F.R. §§ 60.730 to 60.736, inclusive, § 60, Subpart UUU (July 1, 2009 July 1, 2012).

Source: 23 SDR 106, effective December 29, 1996; 30 SDR 26, effective September 1, 

2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 

217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.
75

74:36:07:34. Existing municipal solid waste landfill. The owner or operator of an 

existing municipal solid waste landfill that meets the following conditions shall comply with 

§§ 74:36:07:35 to 74:36:07:42, inclusive:

(1) The landfill has accepted waste at any time since November 8, 1987, or has additional 

design capacity available for future waste deposition;

(2) The landfill has a design capacity greater than or equal to 2.5 million megagrams and 

2.5 million cubic meters. The landfill may calculate design capacity either in megagrams or 

cubic meters. Density conversions must be documented and submitted with the report; and

(3) The landfill has a nonmethane organic compound emission rate of 50 megagrams a 

year or more. The calculation of the landfill nonmethane organic compound emission rate must 

meet the requirements of 40 C.F.R. § 60.754 (July 1, 2009 July 1, 2012), to determine the 

landfill nonmethane organic compound emission rate.

Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999; 

26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, 

effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 

2007; 36 SDR 209, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.
76

74:36:07:36. Collection system. The department shall approve the collection and control 

system plan if it is equivalent to or meets the conditions provided in 40 C.F.R. § 60.752(b)(2)(ii) 

(July 1, 2009 July 1, 2012), and the control requirements in § 74:36:07:37.

Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999; 

26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, 

effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 

2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:37. Control system. The department shall approve the control system if it is 

equivalent to or meets one of the following requirements:

(1) An open flare designed and operated in accordance with the parameters established in 

40 C.F.R. § 60.18 (July 1, 2009 July 1, 2012);

(2) A control system designed and operated to reduce nonmethane organic compounds by 

98 percent by weight; or

(3) An enclosed combustor designed and operated to either reduce nonmethane organic 

compounds by 98 percent by weight or the outlet nonmethane organic compound concentration 

to 20 parts per million as hexane by volume, dry basis at three percent oxygen, or less.
77

Source: 23 SDR 106, effective December 29, 1996; 26 SDR 168, effective June 27, 2000; 

30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, 

effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 

2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:39. Existing municipal solid waste landfill operational standards for 

collection and control systems. The owner or operator of an existing municipal solid waste 

landfill that meets the requirements of § 74:36:07:34 shall meet the operational standards for 

collection and control systems in 40 C.F.R. § 60.753 (July 1, 2009 July 1, 2012).

Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999; 

26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, 

effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 

2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:40. Existing municipal solid waste landfill compliance provisions. The owner 

or operator of an existing municipal solid waste landfill that meets the requirements of 
78

§ 74:36:07:34 shall meet the compliance provisions in 40 C.F.R. § 60.755 (July 1, 2009 July 1, 

2012).

Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999; 

26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, 

effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 

2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:41. Existing municipal solid waste landfill monitoring provisions. The owner 

or operator of an existing municipal solid waste landfill that meets the requirements of 

§ 74:36:07:34 shall meet the monitoring provisions in 40 C.F.R. § 60.756 (July 1, 2009 July 1, 

2012).

Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999; 

26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, 

effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 

2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.
79

74:36:07:42. Existing municipal solid waste landfill reporting and recordkeeping.

The owner or operator of an existing municipal solid waste landfill that meets the requirements 

of § 74:36:07:34 shall meet the reporting and recordkeeping requirements specified in 40 C.F.R. 

§§ 60.757 and 60.758 (July 1, 2009 July 1, 2012).

Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999; 

26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, 

effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 

2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:42.01. Additional reporting for existing municipal solid waste landfills. The 

owner or operator of an existing municipal solid waste landfill that meets the requirements of 

subdivisions 74:36:07:34(1) and (2) shall submit an initial nonmethane organic compound 

emission rate report within 90 days of the effective date of EPA's approval of the state's § 111(d) 

plan required in the Clean Air Act and annually or every five years thereafter in accordance with 

40 C.F.R. § 60.757(b) (July 1, 2009 July 1, 2012).

Source: 25 SDR 123, effective April 4, 1999; 26 SDR 168, effective June 27, 2000; 30 

SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, 

effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 

2010.
80

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18

74:36:07:43. Standards of performance for new municipal solid waste landfills. The 

standards of performance for municipal solid waste landfills that commenced construction, 

reconstruction, or modification on or after May 29, 1991, are those in 40 C.F.R. §§ 60.751 to 

60.759, inclusive, (July 1, 2009 July 1, 2012). Physical or operational changes made to existing 

municipal solid waste landfills solely to comply with §§ 74:36:07:34 to 74:36:07:42, inclusive, 

or activities required by or conducted pursuant to a CERCLA, RCRA, or state remedial action 

are not considered construction, reconstruction, or modification for purposes of this section.

Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999; 

26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, 

effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 

2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:44. Standards of performance for nitric acid plants. The standards of 

performance for nitric acid plants are those in 40 C.F.R. §§ 60.70 to 60.74, inclusive, (July 1, 

2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.
81

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:45. Standards of performance for sulfuric acid plants. The standards of 

performance for sulfuric acid plants are those in 40 C.F.R. §§ 60.80 to 60.85, inclusive, (July 1, 

2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:46. Standards of performance for petroleum refineries. The standards of 

performance for petroleum refineries are those in 40 C.F.R. §§ 60.100 to 60.108, inclusive, § 60, 

Subpart J (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:46.01. Standards of performance for petroleum refineries for which 

construction, reconstruction, or modification commenced after May 14, 2007. The standards 

of performance for petroleum refineries for which construction, reconstruction, or modification 
82

commenced after May 14, 2007, are those in 40 C.F.R. § 60, Subpart Ja, (July 1, 2009 July 1, 

2012).

Source: 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:47. Standards of performance for secondary lead smelters. The standards of 

performance for secondary lead smelters are those in 40 C.F.R. §§ 60.120 to 60.123, inclusive, 

(July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:48. Standards of performance for secondary brass and bronze production 

plants. The standards of performance for secondary brass and bronze production plants are those 

in 40 C.F.R. §§ 60.130 to 60.133, inclusive, (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.
83

74:36:07:49. Standards of performance for primary emissions from basic oxygen 

process furnaces for which construction commenced after June 11, 1973. The standards of 

performance for basic oxygen process furnaces are those in 40 C.F.R. §§ 60.140 to 60.144,

inclusive, (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:50. Standards of performance for secondary emissions from basic oxygen 

process steelmaking facilities for which construction commenced after January 20, 1983.

The standards of performance for basic oxygen process steelmaking facilities are those in 40 

C.F.R. §§ 60.140a to 60.145a, inclusive, (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:51. Standards of performance for primary copper smelter. The standards of 

performance for primary copper smelters are those in 40 C.F.R. §§ 60.160 to 60.166, inclusive, 

(July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.
84

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:52. Standards of performance for primary zinc smelter. The standards of 

performance for primary zinc smelters are those in 40 C.F.R. §§ 60.170 to 60.176, inclusive, 

(July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:53. Standards of performance for primary lead smelter. The standards of 

performance for primary lead smelters are those in 40 C.F.R. §§ 60.180 to 60.186, inclusive, 

(July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:54. Standards of performance for primary aluminum reduction plant. The 

standards of performance for primary aluminum reduction plants are those in 40 C.F.R. 

§§ 60.190 to 60.195, inclusive, (July 1, 2009 July 1, 2012).
85

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:55. Standards of performance for wet-process phosphoric acid plant. The 

standards of performance for wet-process phosphoric acid plants are those in 40 C.F.R. 

§§ 60.200 to 60.204, inclusive, (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:56. Standards of performance for superphosphoric acid plant. The standards 

of performance for superphosphoric acid plants are those in 40 C.F.R. §§ 60.210 to 60.214, 

inclusive, (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:57. Standards of performance for diammonium phosphate plant. The 

standards of performance for diammonium phosphate plants are those in 40 C.F.R. §§ 60.220 to 

60.224, inclusive, (July 1, 2009 July 1, 2012).
86

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:58. Standards of performance for triple superphosphate plant. The 

standards of performance for triple superphosphate plants are those in 40 C.F.R. §§ 60.230 to 

60.234, inclusive, (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:59. Standards of performance for granular triple superphosphate storage 

facility. The standards of performance for granular triple superphosphate storage facilities are 

those in 40 C.F.R. §§ 60.240 to 60.244, inclusive, (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.
87

74:36:07:60. Standards of performance for ferroalloy production plant. The standards 

of performance for ferroalloy production plants are those in 40 C.F.R. §§ 60.260 to 60.266, 

inclusive, ( July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:61. Standards of performance for electric arc furnaces and argon-oxygen 

decarburization vessels constructed after August 17, 1983. The standards of performance for 

electric arc furnaces and argon-oxygen decarburization vessels are those in 40 C.F.R. §§ 60.270a 

to 60.276a, inclusive, (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:62. Standards of performance for kraft pulp mills. The standards of 

performance for kraft pulp mills are those in 40 C.F.R. §§ 60.280 to 60.285, inclusive, (July 1, 

2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.
88

Law Implemented: SDCL 34A-1-18.

74:36:07:63. Standards of performance for glass manufacturing plant. The standards 

of performance for glass manufacturing plants are those in 40 C.F.R. §§ 60.290 to 60.296, 

inclusive, (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:64. Standards of performance for surface coating of metal furniture. The 

standards of performance for surface coating of metal furniture are those in 40 C.F.R. §§ 60.310 

to 60.316, inclusive, (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:65. Standards of performance for lead-acid battery manufacturing plant.

The standards of performance for lead-acid battery manufacturing plants are those in 40 C.F.R. 

§§ 60.370 to 60.374, inclusive, (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.
89

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:66. Standards of performance for automobile and light duty truck surface 

coating operations. The standards of performance for automobile and light duty truck surface 

coating operations are those in 40 C.F.R. §§ 60.390 to 60.398, inclusive, (July 1, 2009 July 1, 

2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 208, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:67. Standards of performance for phosphate rock plants. The standards of 

performance for phosphate rock plants are those in 40 C.F.R. §§ 60.400 to 60.404, inclusive, 

(July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:68. Standards of performance for ammonium sulfate manufacture. The 

standards of performance for ammonium sulfate manufacture are those in 40 C.F.R. §§ 60.420 to 

60.424, inclusive, (July 1, 2009 July 1, 2012).
90

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:69. Standards of performance for industrial surface coating -- Large 

appliances. The standards of performance for industrial surface coating of large appliances are 

those in 40 C.F.R. §§ 60.450 to 60.456, inclusive, (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:70. Standards of performance for metal coil surface coating. The standards 

of performance for metal coil surface coating are those in 40 C.F.R. §§ 60.460 to 60.466, 

inclusive, (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.
91

74:36:07:71. Standards of performance for asphalt processing and asphalt roofing 

manufacture. The standards of performance for asphalt processing and asphalt roofing 

manufacture are those in 40 C.F.R. §§ 60.470 to 60.474, inclusive, (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:72. Standards of performance for beverage can surface coating industry.

The standards of performance for beverage can surface coating industry are those in 40 C.F.R. 

§§ 60.490 to 60.496, inclusive, (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:73. Standards of performance for rubber tire manufacturing industry. The 

standards of performance for rubber tire manufacturing industry are those in 40 C.F.R. §§ 60.540 

to 60.548, inclusive, (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 1010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.
92

74:36:07:74. Standards of performance for volatile organic compound emissions 

from polymer manufacturing industry. The standards of performance for polymer 

manufacturing industry are those in 40 C.F.R. §§ 60.560 to 60.566, inclusive, (July 1, 2009 July 

1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:75. Standards of performance for flexible vinyl and urethane coating and 

printing. The standards of performance for flexible vinyl and urethane coating and printing are 

those in 40 C.F.R. §§ 60.580 to 60.585, inclusive, (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:76. Standards of performance for equipment leaks of VOC in petroleum 

refineries. The standards of performance for equipment leaks in petroleum refineries are those in 

40 C.F.R. §§ 60.590 to 60.593, inclusive, (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.
93

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:76.01. Standards of performance for equipment leaks of VOC in petroleum 

refineries. The standards of performance for equipment leaks in petroleum refineries for which 

construction, reconstruction, or modification commenced after November 7, 2006, are those in 

40 C.F.R. § 60, Subpart GGGa, (July 1, 2009 July 1, 2012).

Source: 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:77. Standards of performance for synthetic fiber production facility. The 

standards of performance for synthetic fiber production facilities are those in 40 C.F.R. 

§§ 60.600 to 60.604, inclusive, (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:78. Standards of performance for VOC emissions from synthetic organic 

chemical manufacturing industry air oxidation unit process. The standards of performance 
94

for synthetic organic chemical manufacturing industry air oxidation unit processes are those in 

40 C.F.R. §§ 60.610 to 60.618, inclusive, (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:79. Standards of performance for equipment leaks of VOC from onshore 

natural gas processing plant. The standards of performance for equipment leaks from onshore 

natural gas processing plants are those in 40 C.F.R. §§ 60.630 to 60.636, inclusive, (July 1, 2009

July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:80. Standards of performance for onshore natural gas processing. The 

standards of performance for onshore natural gas processing are those in 40 C.F.R. §§ 60.640 to 

60.648, inclusive, (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.
95

74:36:07:81. Standards of performance for wool fiberglass insulation manufacturing 

plant. The standards of performance for wool fiberglass insulation manufacturing plants are 

those in 40 C.F.R. §§ 60.680 to 60.685, inclusive, (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:82. Standards of performance for VOC emissions from petroleum refinery 

wastewater system. The standards of performance for petroleum refinery wastewater systems 

are those in 40 C.F.R. §§ 60.690 to 60.699, inclusive, (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:83. Standards of performance for industrial surface coating -- Surface 

coating of plastic parts for business machines. The standards of performance for the surface 

coating of plastic parts for business machines are those in 40 C.F.R. §§ 60.720 to 60.726, 

inclusive, (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.
96

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:84. Standards of performance for polymeric coating of supporting 

substrates facility. The standards of performance for polymeric coating of supporting substrates 

facilities are those in 40 C.F.R. §§ 60.740 to 60.748, inclusive, (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:85. Standards of performance for small municipal waste combustion units 

for which construction commenced after August 30, 1999, or modification or 

reconstruction commenced after June 6, 2001. The standards of performance for small 

municipal waste combustion units are those in 40 C.F.R. § 60, Subpart AAAA (July 1, 2009 July 

1, 2012),

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:86. Standards of performance for commercial or industrial solid waste 

incineration units for which construction commenced after November 30, 1999, or 
97

modification or reconstruction commenced on or after June 1, 2001. The standards of 

performance for commercial solid waste incineration units are those in 40 C.F.R. § 60, Subpart 

CCCC (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:87. Standards of performance for other solid waste incineration units for 

which construction commenced after December 9, 2004, or modification or reconstruction 

commenced on or after June 16, 2006. The standards of performance for other solid waste 

incineration units are those in 40 C.F.R. § 60, Subpart EEEE (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:88. Standards of performance for stationary compression ignition internal 

combustion engines. The standards of performance for stationary compression ignition internal 

combustion engines are those in 40 C.F.R. § 60, Subpart IIII (July 1, 2009 July 1, 2012). A 

source subject to Subpart IIII is exempt from the obligation to obtain a Part 70 operating permit 

if the source is not required to obtain a Part 70 operating permit for a reason other than the 
98

source is subject to Subpart IIII. Exempted sources must still meet the applicable requirements in 

Subpart IIII.

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:89. Standards of performance for stationary combustion turbines. The 

standards of performance for stationary combustion turbines are those in 40 C.F.R. §§ 60.4300 to 

60.4420, inclusive, (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:90. Standards of performance for stationary spark ignition internal 

combustion engines. The standards of performance for stationary spark combustion engines are 

those in 40 C.F.R. § 60, Subpart JJJJ (July 1, 2009 July 1, 2012). A source subject to Subpart 

JJJJ is exempt from the obligation to obtain a Part 70 operating permit if the source is not 

required to obtain a Part 70 operating permit for a reason other than the source is subject to 

Subpart JJJJ. Exempted sources must still meet the applicable requirements in Subpart JJJJ.

Source: 36 SDR 207, effective June 28, 2010.
99

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:91. Standards of performance for nitric acid plants for which construction, 

reconstruction, or modification commenced after October 14, 2011. The standards of 

performance for nitric acid plants are those in 40 C.F.R. § 60, Subpart Ga (July 1, 2012).

Source: 

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:92. Standards of performance for new sewage sludge incineration units.

The standards of performance for new sewage sludge incineration units are those in 40 

C.F.R. § 60, Subpart LLLL (July 1, 2012).

Source: 

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

CHAPTER 74:36:08

NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS
100

Section

74:36:08:00 Administrator defined.

74:36:08:01 General provisions -- National emission standards for hazardous air pollutants.

74:36:08:02 Emission standards for asbestos air pollutants.

74:36:08:02.01 Emission standards for equipment leaks (fugitive emission sources) of benzene.

74:36:08:02.02 Emission standards for benzene emissions from benzene storage vessels.

74:36:08:02.03 Emission standards for benzene emissions from benzene transfer operations.

74:36:08:02.04 Emission standards for benzene waste operations.

74:36:08:03 General provisions -- National emission standards for hazardous air pollutants 

for source categories.

74:36:08:03.01 Requirements for control technology determinations for major sources in 

accordance with Clean Air Act sections 112(g) and 112(j).

74:36:08:04 National perchloroethylene air emission standards for dry cleaning facilities.

74:36:08:05 National emission standards for organic hazardous air pollutants from the 

synthetic organic chemical manufacturing industry.

74:36:08:06 National emission standards for organic hazardous air pollutants from synthetic 

organic chemical manufacturing industry process vents, storage vessels, 

transfer operations, and wastewater.

74:36:08:07 National emission standards for organic hazardous air pollutants for equipment 

leaks.
101

74:36:08:08 National emission standards for organic hazardous air pollutants for certain 

processes subject to negotiated regulations for equipment leaks.

74:36:08:09 National emission standards for chromium emissions from hard and decorative 

chromium electroplating and chromium anodizing tanks.

74:36:08:10 National emission standards for ethylene oxide emissions from sterilization 

facilities.

74:36:08:11 National emission standards for industrial process cooling towers.

74:36:08:12 National emission standards for gasoline distribution facilities (bulk gasoline 

terminals and pipeline breakout stations).

74:36:08:13 National emission standards for halogenated solvent cleaning.

74:36:08:14 National emission standards for wood furniture manufacturing operations.

74:36:08:15 National emission standards for aerospace manufacturing.

74:36:08:16 National emission standards for tanks.

74:36:08:17 National emission standards for containers.

74:36:08:18 National emission standards for surface impoundments.

74:36:08:19 National emission standards for individual drain systems.

74:36:08:20 National emission standards for oil-water separators and organic-water separators.

74:36:08:20.01 National emission standards for closed vent systems, control devices, recovery 

devices, and routing to a fuel gas system or a process.

74:36:08:20.02 National emission standards for equipment leaks.

74:36:08:21 National emission standards for hazardous air pollutants from the portland 

cement manufacturing industry.
102

74:36:08:22 National emission standards for hazardous air pollutants for pesticide active 

ingredient production.

74:36:08:23 National emission standards for the printing and publishing industry.

74:36:08:24 National emission standards for oil and natural gas production facilities.

74:36:08:25 National emission standards for natural gas transmission and storage facilities.

74:36:08:26 National emission standards for secondary aluminum production.

74:36:08:27 National emission standards for publicly owned treatment works.

74:36:08:28 National emission standards for solvent extraction for vegetable oil production.

74:36:08:29 National emission standards for paper and other web coating.

74:36:08:30 National emission standards for municipal solid waste landfills.

74:36:08:31 National emission standards for surface coating of metal furniture.

74:36:08:32 National emission standards for integrated iron and steel manufacturing facilities.

74:36:08:33 National emission standards for brick and structural clay products manufacturing.

74:36:08:34 National emission standards for asphalt processing and asphalt roofing 

manufacturing.

74:36:08:35 National emission standards for flexible polyurethane foam fabrication 

operations.

74:36:08:36 National emission standards for engine test cells/stands.

74:36:08:37 National emission standards for surface coating of miscellaneous metal parts and 

products.

74:36:08:38 National emission standards for reinforced plastic composites production.

74:36:08:39 National emission standards for stationary combustion turbines.
103

74:36:08:40 National emission standards for stationary reciprocating internal combustion 

engines.

74:36:08:41 National emission standards for industrial, commercial, and institutional boilers 

and process heaters.

74:36:08:42 National emission standards for polyvinyl chloride and copolymers production.

74:36:08:43 National emission standards for coke oven batteries.

74:36:08:44 National emission standards for pulp and paper industry.

74:36:08:45 National emission standards for group I polymers and resins.

74:36:08:46 National emission standards for epoxy resins production and non-nylon 

polyamides production.

74:36:08:47 National emission standards for secondary lead smelting.

74:36:08:48 National emission standards for phosphoric acid manufacturing plants.

74:36:08:49 National emission standards for phosphate fertilizers production plants.

74:36:08:50 National emission standards for petroleum refineries.

74:36:08:51 National emission standards for off-site waste and recovery operations.

74:36:08:52 National emission standards for magnetic tape manufacturing operations.

74:36:08:53 National emission standards for primary aluminum reduction plants.

74:36:08:54 National emission standards for chemical recovery combustion sources at kraft, 

soda, sulfite, and stand-alone semichemical pulp mills.

74:36:08:55 National emission standards for ethylene manufacturing process units -- Heat 

exchange systems and waste operations.

74:36:08:56 Generic maximum achievable control technology standards.
104

74:36:08:57 National emission standards for steel pickling -- HC1 process facilities and 

hydrochloric acid regeneration plants.

74:36:08:58 National emission standards for mineral wool production.

74:36:08:59 National emission standards for hazardous waste combustors.

74:36:08:60 National emission standards for pharmaceutical production.

74:36:08:61 National emission standards for group IV polymers and resins.

74:36:08:62 National emission standards for wool fiberglass production.

74:36:08:63 National emission standards for manufacture of amino/phenolic resins.

74:36:08:64 National emission standards for polyether polyols production.

74:36:08:65 National emission standards for primary copper smelting.

74:36:08:66 National emission standards for primary lead smelting.

74:36:08:67 National emission standards for petroleum refineries -- Catalytic cracking, 

catalytic reforming, and sulfur recovery units.

74:36:08:68 National emission standards for ferroalloy production -- Ferromanganese and 

silicomanganese.

74:36:08:69 National emission standards for the manufacture of nutritional yeast.

74:36:08:70 National emission standards for plywood and composite wood products.

74:36:08:71 National emission standards for non-gasoline organic liquids distribution.

74:36:08:72 National emission standards for miscellaneous organic chemical manufacturing.

74:36:08:73 National emission standards for wet-formed fiberglass mat production.

74:36:08:74 National emission standards for surface coating of automobiles and light duty 

trucks.

74:36:08:75 National emission standards for surface coating of metal cans.
105

74:36:08:76 National emission standards for surface coating of large appliances.

74:36:08:77 National emission standards for printing, coating, and dyeing of fabrics and 

other textiles.

74:36:08:78 National emission standards for surface coating of plastic parts and products.

74:36:08:79 National emission standards for surface coating of wood building products.

74:36:08:80 National emission standards for surface coating of metal coil.

74:36:08:81 National emission standards for leather finishing operations.

74:36:08:82 National emission standards for cellulose products manufacturing.

74:36:08:83 National emission standards for boat manufacturing.

74:36:08:84 National emission standards for rubber tire manufacturing.

74:36:08:85 National emission standards for lime manufacturing plants.

74:36:08:86 National emission standards for semiconductor manufacturing.

74:36:08:87 National emission standards for coke ovens -- Pushing, quenching, and battery 

stacks.

74:36:08:88 National emission standards for iron and steel foundries.

74:36:08:89 National emission standards for site remediation.

74:36:08:90 National emission standards for miscellaneous coating manufacturing.

74:36:08:91 National emission standards for mercury cell chlor-alkali plants.

74:36:08:92 National emission standards for clay ceramics manufacturing.

74:36:08:93 National emission standards for flexible polyurethane foam production.

74:36:08:94 National emission standards for hydrochloric acid production.

74:36:08:95 National emission standards for friction materials manufacturing facilities.

74:36:08:96 National emission standards for taconite iron ore processing.
106

74:36:08:97 National emission standards for refractory products manufacturing.

74:36:08:98 National emission standards for primary magnesium refining.

74:36:08:99 National emission standards for polyvinyl chloride and copolymers production 

area sources.

74:36:08:100 National emission standards for primary copper smelting area sources.

74:36:08:101 National emission standards for secondary copper smelting area sources.

74:36:08:102 National emission standards for primary nonferrous metals area sources -- Zinc, 

cadmium, and beryllium.

74:36:08:103 National emission standards for hospital ethylene oxide sterilizers.

74:36:08:104 National emission standards for electric arc furnace steelmaking facility area 

sources.

74:36:08:105 National emission standards for iron and steel foundry area sources.

74:36:08:106 National emission standards for gasoline distribution bulk terminals, bulk plants, 

and pipeline facilities.

74:36:08:107 National emission standards for gasoline dispensing facilities.

74:36:08:108 National emission standards for paint stripping and miscellaneous surface 

coating area sources.

74:36:08:109 National emission standards for acrylic and modacrylic fiber production area 

sources.

74:36:08:110 National emission standards for carbon black production area sources.

74:36:08:111 National emission standards for chemical manufacturing area sources --

Chromium compounds.
107

74:36:08:112 National emission standards for flexible polyurethane foam production and 

fabrication area sources.

74:36:08:113 National emission standards for lead acid battery manufacturing area sources.

74:36:08:114 National emission standards for wood preserving area sources.

74:36:08:115 National emission standards for clay ceramic manufacturing area sources.

74:36:08:116 National emission standards for glass manufacturing area sources.

74:36:08:117 National emission standards for secondary nonferrous metal processing area 

sources.

74:36:08:118 National emission standards for plating and polishing area sources.

74:36:08:119 National emission standards for nine metal fabrication and finishing area 

sources.

74:36:08:120 National emission standards for ferroalloys production area sources.

74:36:08:121 National emission standards for aluminum, copper, and other nonferrous 

foundry area sources.

74:36:08:122 National emission standards for coal- and oil-fired electric utility steam 

generating units.

74:36:08:123 National emission standards for industrial, commercial, and institutional 

boilers area sources.

74:36:08:124 National emission standards for chemical manufacturing area sources.

74:36:08:125 National emission standards for asphalt processing and asphalt roofing 

manufacturing area sources.

74:36:08:126 National emission standards for chemical preparations industry area 

sources.
108

74:36:08:127 National emission standards paints and allied products manufacturing 

area sources.

74:36:08:128 National emission standards for prepared feeds manufacturing area 

sources.

74:36:08:129 National emission standards for gold mine ore processing and 

production area sources.

74:36:08:130 National emission standards for polyvinyl chloride and copolymers 

production.

74:36:08:01. General provisions -- National emission standards for hazardous air 

pollutants. The general provisions for the national emission standards for hazardous air 

pollutants are those in 40 C.F.R. § 61, Subpart A (July 1, 2009 July 1, 2012).

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 

SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999; 26 SDR 168, 

effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 

2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 

207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.
109

74:36:08:02. Emission standards for asbestos air pollutants. The emission standards 

for asbestos air pollutants are those in 40 C.F.R. § 61, Subpart M (July 1, 2009 July 1, 2012).

Source: 11 SDR 151, effective May 12, 1985; 13 SDR 129, 13 SDR 141, effective July 1, 

1987; 14 SDR 72, effective November 24, 1987; 17 SDR 170, effective May 13, 1991; 18 SDR 

95, effective December 2, 1991; transferred from § 74:26:22:02, 19 SDR 157, effective April 22, 

1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 1996; 25 

SDR 123, effective April 4, 1999; 26 SDR 168, effective July 27, 2000; 30 SDR 26, effective 

September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 

2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:02.01. Emission standards for equipment leaks (fugitive emission sources) 

of benzene. The emission standards for equipment leaks of benzene are those in 40 C.F.R. § 61 

Subpart J (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.
110

74:36:08:02.02. Emission standards for benzene emissions from benzene storage 

vessels. The emission standards for benzene emissions from benzene storage vessels are those in 

40 C.F.R. § 61, Subpart Y (July 1, 2009 July 1, 2012).

Source: 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:02.03. Emission standards for benzene emissions from benzene transfer 

operations. The emission standards for benzene emissions from benzene transfer operations are 

those in 40 C.F.R. § 61, Subpart BB (July 1, 2009 July 1, 2012).

Source: 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:02.04. Emission standards for benzene waste operations. The emission 

standards for benzene waste operations equipment leaks of benzene are those in 40 C.F.R. § 61, 

Subpart FF (July 1, 2009 July 1, 2012).

Source: 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.
111

74:36:08:03. General provisions -- National emission standards for hazardous air 

pollutants for source categories. The general provisions for the national emission standards for 

hazardous air pollutants for source categories are those in 40 C.F.R. § 63 Subpart A (July 1, 2009

July 1, 2012).

Source: 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 

1996; 25 SDR 123, effective April 4, 1999; 26 SDR 168, effective June 27, 2000; 30 SDR 26, 

effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 

13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:03.01. Requirements for control technology determinations for major 

sources in accordance with Clean Air Act sections 112(g) and 112(j). The provisions for 

control technology determinations for major sources in accordance with Clean Air Act sections 

112(g) and 112(j) are those in 40 C.F.R. § 63, Subpart B (July 1, 2009 July 1, 2012).

Source: 25 SDR 123, effective April 4, 1999; 26 SDR 168, effective June 27, 2000; 30 

SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, 

effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 

2010.

General Authority: SDCL 34A-1-6.
112

Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:04. National perchloroethylene air emission standards for dry cleaning 

facilities. The national perchloroethylene air emission standards for dry cleaning facilities are 

those in 40 C.F.R. § 63, Subpart M (July 1, 2009 July 1, 2012). A source that operates a unit 

subject to Subpart M is exempt from the obligation to obtain a Part 70 operating permit if the 

source is not required to obtain a Part 70 operating permit for a reason other than the source is 

subject to Subpart M. Exempted sources must still meet the applicable requirements in Subpart 

M.

Source: 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 

1996; 25 SDR 123, effective April 4, 1999; 26 SDR 168, effective June 27, 2000; 30 SDR 26, 

effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 

13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.

Cross-Reference: Complete application, § 74:36:05:09.

74:36:08:05. National emission standards for organic hazardous air pollutants from 

the synthetic organic chemical manufacturing industry. The national emission standards for 

organic hazardous air pollutants from the synthetic organic chemical manufacturing industry are 

those in 40 C.F.R. § 63, Subpart F (July 1, 2009 July 1, 2012).
113

Source: 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 

1996; 25 SDR 123, effective April 4, 1999; 26 SDR 168, effective June 27, 2000; 30 SDR 26, 

effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 

13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:06. National emission standards for organic hazardous air pollutants from 

synthetic organic chemical manufacturing industry process vents, storage vessels, transfer 

operations, and wastewater. The national emission standards for organic hazardous air 

pollutants from synthetic organic chemical manufacturing industry process vents, storage 

vessels, transfer operations, and wastewater are those in 40 C.F.R. § 63, Subpart G (July 1, 2009

July 1, 2012).

Source: 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 

1996; 25 SDR 123, effective April 4, 1999; 26 SDR 168, effective June 27, 2000; 30 SDR 26, 

effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 

13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.
114

74:36:08:07. National emission standards for organic hazardous air pollutants for 

equipment leaks. The national emission standards for organic hazardous air pollutants for 

equipment leaks are those in 40 C.F.R. § 63, Subpart H (July 1, 2009 July 1, 2012).

Source: 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 

1996; 25 SDR 123, effective April 4, 1999; 26 SDR 168, effective June 27, 2000; 30 SDR 26, 

effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 

13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:08. National emission standards for organic hazardous air pollutants for 

certain processes subject to negotiated regulations for equipment leaks. The national 

emission standards for organic hazardous air pollutants for certain processes subject to the 

negotiated regulations for equipment leaks are those in 40 C.F.R. § 63, Subpart I (July 1, 2009

July 1, 2012).

Source: 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 

1996; 25 SDR 123, effective April 4, 1999; 26 SDR 168, effective June 27, 2000; 30 SDR 26, 

effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 

13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.
115

74:36:08:09. National emission standards for chromium emissions from hard and 

decorative chromium electroplating and chromium anodizing tanks. The national emission 

standards for hard and decorative chromium electroplating and chromium anodizing tanks are 

those in 40 C.F.R. § 63, Subpart N (July 1, 2009 July 1, 2012). An area source that operates a 

unit subject to Subpart N is exempt from the obligation to obtain a Part 70 operating permit if the 

source is not required to obtain a Part 70 operating permit for a reason other than the source is 

subject to Subpart N. Exempted sources must still meet the applicable requirements in Subpart 

N.

Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999; 

26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, 

effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 

2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.

Cross-Reference: Operating permits for part 70 sources, § 74:36:05.

74:36:08:10. National emission standards for ethylene oxide emissions from 

sterilization facilities. The national emission standards for ethylene oxide from sterilization 

facilities are those in 40 C.F.R. § 63, Subpart O (July 1, 2009 July 1, 2012). A source that 

operates a unit subject to Subpart O is exempt from the obligation to obtain a Part 70 operating 
116

permit if the source is not required to obtain a Part 70 operating permit for a reason other than 

the source is subject to Subpart O. Exempted sources must still meet the applicable requirements 

in Subpart O.

Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999; 

26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, 

effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 

2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:11. National emission standards for industrial process cooling towers. The 

national emission standards for industrial process cooling towers are those in 40 C.F.R. § 63, 

Subpart Q (July 1, 2009 July 1, 2012). A source that operates a unit subject to Subpart Q is 

exempt from the obligations to obtain a Part 70 operating permit if the source is not required to 

obtain a Part 70 operating permit for a reason other than the source is subject to Subpart Q. 

Exempted sources must still meet the applicable requirements in Subpart Q.

Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999; 

26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, 

effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 

2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.
117

Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:12. National emission standards for gasoline distribution facilities (bulk 

gasoline terminals and pipeline breakout stations). The national emission standards for 

gasoline distribution facilities (bulk gasoline terminals and pipeline breakout stations) are those 

in 40 C.F.R. § 63, Subpart R (July 1, 2009 July 1, 2012).

Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999; 

30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, 

effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 

2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:13. National emission standards for halogenated solvent cleaning. The 

national emission standards for halogenated solvent cleaning are those in 40 C.F.R. § 63, Subpart 

T (July 1, 2009 July 1, 2012). An area source that operates a unit subject to Subpart T is exempt 

from the obligation to obtain a Part 70 operating permit if the source is not required to obtain a 

Part 70 operating permit for a reason other than the source is subject to Subpart T. Exempted 

sources must still meet the applicable requirements in Subpart T.

Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999; 

26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, 
118

effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 

2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:14. National emission standards for wood furniture manufacturing 

operations. The national emission standards for wood furniture manufacturing operations are 

those in 40 C.F.R. § 63, Subpart JJ (July 1, 2009 July 1, 2012).

Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999; 

26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, 

effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 

2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:15. National emission standards for aerospace manufacturing. The national 

emission standards for aerospace manufacturing are those in 40 C.F.R. § 63, Subpart GG (July 1, 

2009 July 1, 2012).

Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999; 

26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, 
119

effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 

2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:16. National emission standards for tanks. The national emission standards 

for tanks -- level 1 are those in 40 C.F.R. § 63, Subpart OO (July 1, 2009 July 1, 2012). The 

national emission standards for tanks -- level 2 are those in 40 C.F.R. § 63, Subpart OO WW

(July 1, 2009 July 1, 2012).

Source: 25 SDR 123, effective April 4, 1999; 30 SDR 26, effective September 1, 2003; 31 

SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, 

effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:17. National emission standards for containers. The national emission 

standards for containers are those in 40 C.F.R. § 63, Subpart PP (July 1, 2009 July 1, 2012).

Source: 25 SDR 123, effective April 4, 1999; 30 SDR 26, effective September 1, 2003; 31 

SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, 

effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.
120

Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:18. National emission standards for surface impoundments. The national 

emission standards for surface impoundments are those in 40 C.F.R. § 63, Subpart QQ (July 1, 

2009 July 1, 2012).

Source: 25 SDR 123, effective April 4, 1999; 30 SDR 26, effective September 1, 2003; 31 

SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, 

effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:19. National emission standards for individual drain systems. The national 

emission standards for individual drain systems are those in 40 C.F.R. § 63, Subpart RR (July 1, 

2009 July 1, 2012).

Source: 25 SDR 123, effective April 4, 1999; 30 SDR 26, effective September 1, 2003; 31 

SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, 

effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.
121

74:36:08:20. National emission standards for oil-water separators and organic-water 

separators. The national emission standards for oil-water separators and organic-water 

separators are those in 40 C.F.R. § 63, Subpart VV (July 1, 2009 July 1, 2012).

Source: 25 SDR 123, effective April 4, 1999; 30 SDR 26, effective September 1, 2003; 31 

SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, 

effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:20.01. National emission standards for closed vent systems, control devices, 

recovery devices, and routing to a fuel gas system or a process. The national emission 

standards for closed vent systems, control devices, recovery devices, and routing to a fuel gas 

system or a process are those in 40 C.F.R. § 63, Subpart SS (July 1, 2009 July 1, 2012).

Source: 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 

32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, 

effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:20.02. National emission standards for equipment leaks. The national 

emission standards for equipment leaks -- control level 1 are those in 40 C.F.R. § 63, Subpart TT 
122

(July 1, 2009 July 1, 2012). The national emission standards for equipment leaks -- control level 

2 are those in 40 C.F.R. § 63, Subpart UU (July 1, 2009 July 1, 2012).

Source: 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 

32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, 

effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:21. National emission standards for hazardous air pollutants from the 

portland cement manufacturing industry. The national emission standards for the portland 

cement manufacturing industry are those in 40 C.F.R. § 63, Subpart LLL (July 1, 2009 July 1, 

2012).

Source: 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 

SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, 

effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:22. National emission standards for hazardous air pollutants for pesticide 

active ingredient production. The national emission standards for pesticide active ingredient 

production are those in 40 C.F.R. § 63, Subpart MMM (July 1, 2009 July 1, 2012).
123

Source: 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 

SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, 

effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:23. National emission standards for the printing and publishing industry.

The national emission standards for the printing and publishing industry are those in 40 C.F.R. 

§ 63, Subpart KK (July 1, 2009 July 1, 2012).

Source: 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 

SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, 

effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

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, 2009 July 1, 2012). A source that operates a unit subject to 

Subpart HH is exempt from the obligation to obtain a Part 70 operating permit if the unit is not 

required to install controls and if the source is not required to obtain a Part 70 operating permit 
124

for a reason other than the source is subject to Subpart HH. Exempted sources must still meet the 

applicable requirements in Subpart HH.

Source: 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 

32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, 

effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:25. National emission standards for natural gas transmission and storage 

facilities. The national emission standards for natural gas transmission and storage facilities are 

those in 40 C.F.R. § 63, Subpart HHH (July 1, 2009 July 1, 2012).

Source: 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 

32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, 

effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:26. National emission standards for secondary aluminum production. The 

national emission standards for secondary aluminum production are those in 40 C.F.R. § 63, 

Subpart RRR (July 1, 2009 July 1, 2012).
125

Source: 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 

32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, 

effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:27. National emission standards for publicly owned treatment works. The 

national emission standards for publicly owned treatment works are those in 40 C.F.R. § 63, 

Subpart VVV (July 1, 2009 July 1, 2012).

Source: 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 

32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, 

effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:28. National emission standards for solvent extraction for vegetable oil 

production. The national emission standards for solvent extraction of vegetable oil production 

are those in 40 C.F.R. § 63, Subpart GGGG (July 1, 2009 July 1, 2012).

Source: 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 

32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, 

effective June 28, 2010.
126

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:29. National emission standards for paper and other web coating. The 

national emission standards for paper and other web coating are those in 40 C.F.R. § 63, Subpart 

JJJJ (July 1, 2009 July 1, 2012).

Source: 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 

32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, 

effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:30. National emission standards for municipal solid waste landfills. The 

national emission standards for municipal solid waste landfills are those in 40 C.F.R. § 63, 

Subpart AAAA (July 1, 2009 July 1, 2012).

Source: 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 

32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, 

effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.
127

74:36:08:31. National emission standards for surface coating of metal furniture. The 

national emission standards for surface coating of metal furniture are those in 40 C.F.R. § 63, 

Subpart RRRR (July 1, 2009 July 1, 2012).

Source: 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 

SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:32. National emission standards for integrated iron and steel 

manufacturing facilities. The national emission standards for integrated iron and steel 

manufacturing are those in 40 C.F.R. § 63, Subpart FFFFF (July 1, 2009 July 1, 2012).

Source: 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 

SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:33. National emission standards for brick and structural clay products 

manufacturing. The national emission standards for brick and structural clay products 

manufacturing are those in 40 C.F.R. § 63, Subpart JJJJJ (July 1, 2009 July 1, 2012).
128

Source: 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 

SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:34. National emission standards for asphalt processing and asphalt roofing 

manufacturing. The national emission standards for asphalt processing and asphalt roofing 

manufacturing are those in 40 C.F.R. § 63, Subpart LLLLL (July 1, 2009 July 1, 2012).

Source: 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 

SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:35. National emission standards for flexible polyurethane foam fabrication 

operations. The national emission standards for flexible polyurethane foam fabrication 

operations are those in 40 C.F.R. § 63, Subpart MMMMM (July 1, 2009 July 1, 2012).

Source: 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 

SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.
129

74:36:08:36. National emission standards for engine test cells/stands. The national 

emission standards for engine test cells/stands are those in 40 C.F.R. § 63, Subpart PPPPP (July 

1, 2009 July 1, 2012).

Source: 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 

SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:37. National emission standards for surface coating of miscellaneous metal 

parts and products. The national emission standards for surface coating of miscellaneous metal 

parts and products as published in 40 C.F.R. § 63, Subpart MMMM (July 1, 2009 July 1, 2012).

Source: 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 

SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:38. National emission standards for reinforced plastic composites 

production. The national emission standards for reinforced plastic composites production are 

those in 40 C.F.R. § 63, Subpart WWWW (July 1, 2009 July 1, 2012).
130

Source: 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 

SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:39. National emission standards for stationary combustion turbines. The 

national emission standards for stationary combustion turbines are those in 40 C.F.R. § 63, 

Subpart YYYY (July 1, 2009 July 1, 2012).

Source: 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 

SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:40. National emission standards for stationary reciprocating internal 

combustion engines. The national emission standards for stationary reciprocating internal 

combustion engines are those in 40 C.F.R. § 63, Subpart ZZZZ (July 1, 2009 July 1, 2012).

Source: 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 

SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.
131

74:36:08:41. National emission standards for industrial, commercial, and 

institutional boilers and process heaters. The national emission standards for industrial, 

commercial, and institutional boilers and process heaters are those in 40 C.F.R. § 63, Subpart 

DDDDD (July 1, 2009 July 1, 2012).

Source: 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 

SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:42. National emission standards for polyvinyl chloride and copolymers 

production. The national emission standards for polyvinyl chloride and copolymers production 

are those in 40 C.F.R. § 63, Subpart J (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:43. National emission standards for coke oven batteries. The national 

emission standards for coke oven batteries are those in 40 C.F.R. § 63, Subpart L, (July 1, 2009

July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.
132

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:44. National emission standards for pulp and paper industry. The national 

emission standards for pulp and paper industry are those in 40 C.F.R. § 63, Subpart S, (July 1, 

2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:45. National emission standards for group I polymers and resins. The 

national emission standards for group I polymers and resins are those in 40 C.F.R. § 63, Subpart 

U, (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:46. National emission standards for epoxy resins production and non-nylon 

polyamides production. The national emission standards for epoxy resins production and nonnylon polyamides production are those in 40 C.F.R. § 63, Subpart W, (July 1, 2009 July 1, 

2012).
133

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:47. National emission standards for secondary lead smelting. The national 

emission standards for secondary lead smelting are those in 40 C.F.R. § 63, Subpart X (July 1, 

2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:48. National emission standards for phosphoric acid manufacturing plants.

The national emission standards for phosphoric acid manufacturing plants are those in 40 C.F.R. 

§ 63, Subpart AA (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.
134

74:36:08:49. National emission standards for phosphate fertilizers production plants.

The national emission standards for phosphate fertilizers production plants are those in 40 C.F.R. 

§ 63, Subpart BB (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:50. National emission standards for petroleum refineries. The national 

emission standards for petroleum refineries are those in 40 C.F.R. § 63, Subpart CC (July 1, 

2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:51. National emission standards for off-site waste and recovery operations.

The national emission standards for off-site waste and recovery operations are those in 40 C.F.R. 

§ 63, Subpart DD (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.
135

74:36:08:52. National emission standards for magnetic tape manufacturing 

operations. The national emission standards for magnetic tape manufacturing operations are 

those in 40 C.F.R. § 63, Subpart EE (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:53. National emission standards for primary aluminum reduction plants.

The national emission standards for primary aluminum reduction plants are those in 40 C.F.R. 

§ 63, Subpart LL (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:54. National emission standards for chemical recovery combustion sources 

at kraft, soda, sulfite, and stand-alone semichemical pulp mills. The national emission 

standards for chemical recovery combustion sources at kraft, soda, sulfite, and stand-alone 

semichemical pulp mills are those in 40 C.F.R. § 63, Subpart MM (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.
136

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:55. National emission standards for ethylene manufacturing process units --

Heat exchange systems and waste operations. The national emission standards for heat 

exchange systems and waste operations are those in 40 C.F.R. § 63, Subpart XX (July 1, 2009

July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:56. Generic maximum achievable control technology standards. The generic 

maximum achievable control technology standards are those in 40 C.F.R. § 63, Subpart YY (July 

1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:57. National emission standards for steel pickling -- HC1 process facilities 

and hydrochloric acid regeneration plants. The national emission standards for HC1 process 
137

facilities and hydrochloric acid regeneration plants are those in 40 C.F.R. § 63, Subpart CCC 

(July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:58. National emission standards for mineral wool production. The national 

emission standards for mineral wool production are those in 40 C.F.R. § 63, Subpart DDD (July 

1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:59. National emission standards for hazardous waste combusters. The 

national emission standards for hazardous waste combusters are those in 40 C.F.R. § 63, Subpart 

EEE (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.
138

74:36:08:60. National emission standards for pharmaceutical production. The 

national emission standards for pharmaceutical production are those in 40 C.F.R. § 63, Subpart 

GGG (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:61. National emission standards for group IV polymers and resins. The 

national emission standards for group IV polymers and resins are those in 40 C.F.R. § 63, 

Subpart JJJ (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:62. National emission standards for wool fiberglass production. The national 

emission standards for wool fiberglass production are those in 40 C.F.R. § 63, Subpart NNN 

(July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.
139

74:36:08:63. National emission standards for manufacture of amino/phenolic resins.

The national emission standards for the manufacture of amino/phenolic resins are those in 40 

C.F.R. § 63, Subpart OOO (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:64. National emission standards for polyether polyols production. The 

national emission standards for polyether polyols production are those in 40 C.F.R. § 63, Subpart 

PPP (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:65. National emission standards for primary copper smelting. The national 

emission standards for primary copper smelting are those in 40 C.F.R. § 63, Subpart QQQ (July 

1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.
140

Law Implemented: SDCL 34A-1-18.

74:36:08:66. National emission standards for primary lead smelting. The national 

emission standards for primary lead smelting are those in 40 C.F.R. § 63, Subpart TTT (July 1, 

2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:67. National emission standards for petroleum refineries -- Catalytic 

cracking, catalytic reforming, and sulfur recovery units. The national emission standards for 

catalytic cracking, catalytic reforming, and sulfur recovery units at petroleum refineries are those 

in 40 C.F.R. § 63, Subpart UUU (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:68. National emission standards for ferroalloy production --

Ferromanganese and silicomanganese. The national emission standards for ferromanganese 

and silicomanganese production are those in 40 C.F.R. § 63, Subpart XXX (July 1, 2009 July 1, 

2012).
141

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:69. National emission standards for the manufacture of nutritional yeast.

The national emission standards for the manufacture of nutritional yeast are those in 40 C.F.R. 

§ 63, Subpart CCCC (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:70. National emission standards for plywood and composite wood products.

The national emission standards for plywood and composite wood products are those in 40 

C.F.R. § 63, Subpart DDDD (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.
142

74:36:08:71. National emission standards for non-gasoline organic liquids 

distribution. The national emission standards for non-gasoline organic liquids distribution are 

those in 40 C.F.R. § 63, Subpart EEEE (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:72. National emission standards for miscellaneous organic chemical 

manufacturing. The national emission standards for miscellaneous organic chemical 

manufacturing are those in 40 C.F.R. § 63, Subpart FFFF (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:73. National emission standards for wet-formed fiberglass mat production.

The national emission standards for wet-formed fiberglass mat production are those in 40 C.F.R. 

§ 63, Subpart HHHH (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.
143

74:36:08:74. National emission standards for surface coating of automobiles and 

light duty trucks. The national emission standards for surface coating of automobiles and light 

duty trucks are those in 40 C.F.R. § 63, Subpart IIII (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:75. National emission standards for surface coating of metal cans. The 

national emission standards for surface coating of metal cans are those in 40 C.F.R. § 63, Subpart 

KKKK (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:76. National emission standards for surface coating of large appliances. The 

national emission standards for surface coating of large appliances are those in 40 C.F.R. § 63, 

Subpart NNNN (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.
144

Law Implemented: SDCL 34A-1-18.

74:36:08:77. National emission standards for printing, coating, and dyeing of fabrics 

and other textiles. The national emission standards for printing, coating, and dyeing of fabrics 

and other textiles are those in 40 C.F.R. § 63, Subpart OOOO (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:78. National emission standards for surface coating of plastic parts and 

products. The national emission standards for surface coating of plastic parts and products are 

those in 40 C.F.R. § 63, Subpart PPPP (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:79. National emission standards for surface coating of wood building 

products. The national emission standards for surface coating of wood building products are 

those in 40 C.F.R. § 63, Subpart QQQQ (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.
145

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:80. National emission standards for surface coating of metal coil. The 

national emission standards for surface coating of metal coil are those in 40 C.F.R. § 63, Subpart 

SSSS (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:81. National emission standards for leather finishing operations. The 

national emission standards for leather finishing operations are those in 40 C.F.R. § 63, Subpart 

TTTT (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:82. National emission standards for cellulose products manufacturing. The 

national emission standards for cellulose products manufacturing are those in 40 C.F.R. § 63, 

Subpart UUUU (July 1, 2009 July 1, 2012).
146

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:83. National emission standards for boat manufacturing. The national 

emission standards for boat manufacturing are those in 40 C.F.R. § 63, Subpart VVVV (July 1, 

2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:84. National emission standards for rubber tire manufacturing. The national 

emission standards for rubber tire manufacturing are those in 40 C.F.R. § 63, Subpart XXXX 

(July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:85. National emission standards for lime manufacturing plants. The national 

emission standards for lime manufacturing plants are those in 40 C.F.R. § 63, Subpart AAAAA 

(July 1, 2009 July 1, 2012).
147

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:86. National emission standards for semiconductor manufacturing. The 

national emission standards for semiconductor manufacturing are those in 40 C.F.R. § 63, 

Subpart BBBBB (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:87. National emission standards for coke ovens -- Pushing, quenching, and 

battery stacks. The national emission standards for coke ovens are those in 40 C.F.R. § 63, 

Subpart CCCCC (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.
148

74:36:08:88. National emission standards for iron and steel foundries. The national 

emission standards for iron and steel foundries are those in 40 C.F.R. § 63, Subpart EEEEE (July 

1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:89. National emission standards for site remediation. The national emission 

standards for site remediation are those in 40 C.F.R. § 63, Subpart GGGGG (July 1, 2009 July 1, 

2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:90. National emission standards for miscellaneous coating manufacturing.

The national emission standards for miscellaneous coating manufacturing are those in 40 C.F.R. 

§ 63, Subpart HHHHH (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.
149

74:36:08:91. National emission standards for mercury cell chlor-alkali plants. The 

national emission standards for mercury cell chlor-alkali plants are those in 40 C.F.R. § 63, 

Subpart IIIII (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:92. National emission standards for clay ceramics manufacturing. The 

national emission standards for clay ceramics manufacturing are those in 40 C.F.R. § 63, Subpart 

KKKKK (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:93. National emission standards for flexible polyurethane foam production.

The national emission standards for flexible polyurethane foam production are those in 40 C.F.R. 

§ 63, Subpart III (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.
150

Law Implemented: SDCL 34A-1-18.

74:36:08:94. National emission standards for hydrochloric acid production. The 

national emission standards for hydrochloric acid production are those in 40 C.F.R. § 63, Subpart 

NNNNN (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:95. National emission standards for friction materials manufacturing 

facilities. The national emission standards for friction materials manufacturing facilities are 

those in 40 C.F.R. § 63, Subpart QQQQQ (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:96. National emission standards taconite iron ore processing. The national 

emission standards for taconite iron ore processing are those in 40 C.F.R. § 63, Subpart RRRRR 

(July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.
151

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:97. National emission standards for refractory products manufacturing.

The national emission standards for refractory products manufacturing are those in 40 C.F.R. 

§ 63, Subpart SSSSS (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:98. National emission standards for primary magnesium refining. The 

national emission standards for primary magnesium refining are those in 40 C.F.R. § 63, Subpart 

TTTTT (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:99. National emission standards for polyvinyl chloride and copolymers 

production area sources. The national emission standards for polyvinyl chloride and 

copolymers production area sources are those in 40 C.F.R. § 63, Subpart DDDDDD (July 1, 

2009 July 1, 2012). A source that operates a unit subject to Subpart DDDDDD is exempt from 
152

the obligation to obtain a Part 70 operating permit if the source is not required to obtain a Part 70 

operating permit for a reason other than the source is subject to Subpart DDDDDD. Exempted 

sources must still meet the applicable requirements in Subpart DDDDDD.

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:100. National emission standards for primary copper smelting area sources.

The national emission standards for primary copper smelting area sources are those in 40 C.F.R. 

§ 63, Subpart EEEEEE (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:101. National emission standards for secondary copper smelting area 

sources. The national emission standards for secondary copper smelting area sources are those in 

40 C.F.R. § 63, Subpart FFFFFF (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.
153

74:36:08:102. National emission standards for primary nonferrous metals area 

sources -- Zinc, cadmium, and beryllium. The national emission standards for primary 

nonferrous metals area sources are those in 40 C.F.R. § 63, Subpart GGGGGG (July 1, 2009

July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:103. National emission standards for hospital ethylene oxide sterilizers. The 

national emission standards for hospital ethylene oxide sterilizers are those in 40 C.F.R. § 63, 

Subpart WWWWW (July 1, 2009 July 1, 2012). A source that operates a unit subject to Subpart 

WWWWW is exempt from the obligation to obtain a Part 70 operating permit if the source is not 

required to obtain a Part 70 operating permit for a reason other than the source is subject to 

Subpart WWWWW. Exempted sources must still meet the applicable requirements in Subpart 

WWWWW.

Source: 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.
154

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 July 1, 2012) 

Source: 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:105. National emission standards for iron and steel foundry area sources.

The national emission standards for iron and steel foundry area sources are those in 40 C.F.R. 

§ 63, Subpart ZZZZZ (July 1, 2009 July 1, 2012). A source that operates a unit subject to 

Subpart ZZZZZ is exempt from the obligation to obtain a Part 70 operating permit if the source 

is not required to obtain a Part 70 operating permit for a reason other than the source is subject to 

Subpart ZZZZZ. Exempted sources must still meet the applicable requirements in Subpart 

ZZZZZ.

Source: 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:106. National emission standards for gasoline distribution bulk terminals, 

bulk plants, and pipeline facilities. The national emission standards for gasoline distribution 

bulk terminals, bulk plants, and pipeline facilities are those in 40 C.F.R. § 63, Subpart BBBBBB 
155

(July 1, 2009 July 1, 2012). A source that operates a unit subject to Subpart BBBBBB is exempt 

from the obligation to obtain a Part 70 operating permit if the source is not required to obtain a 

Part 70 operating permit for a reason other than the source is subject to Subpart BBBBBB. 

Exempted sources must still meet the applicable requirements in Subpart BBBBBB

Source: 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:107. National emission standards for gasoline dispensing facilities. The 

national emission standards for gasoline dispensing facilities are those in 40 C.F.R. § 63, Subpart 

CCCCCC (July 1, 2009 July 1, 2012). A source that operates a unit subject to Subpart CCCCCC 

is exempt from the obligation to obtain a Part 70 operating permit if the source is not required to 

obtain a Part 70 operating permit for a reason other than the source is subject to Subpart 

CCCCCC. Exempted sources must still meet the applicable requirements in Subpart CCCCCC.

Source: 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:108. National emission standards for paint stripping and miscellaneous 

surface coating area sources. The national emission standards for paint stripping and 

miscellaneous coating area sources are those in 40 C.F.R. § 63, Subpart HHHHHH (July 1, 2009
156

July 1, 2012). A source that operates a unit subject to Subpart HHHHHH is exempt from the 

obligation to obtain a Part 70 operating permit if the source is not required to obtain a Part 70 

operating permit for a reason other than the source is subject to Subpart HHHHHH. Exempted 

sources must still meet the applicable requirements in Subpart HHHHHH.

Source: 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:109. National emission standards for acrylic and modacrylic fiber 

production area sources. The national emission standards for acrylic and modacrylic fiber 

production area sources are those in 40 C.F.R. § 63, Subpart LLLLLL (July 1, 2009 July 1, 

2012). A source that operates a unit subject to Subpart LLLLLL is exempt from the obligation to 

obtain a Part 70 operating permit if the source is not required to obtain a Part 70 operating permit 

for a reason other than the source is subject to Subpart LLLLLL. Exempted sources must still 

meet the applicable requirements in Subpart LLLLLL.

Source: 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.
157

74:36:08:110. National emission standards for carbon black production area sources.

The national emission standards for carbon black production area sources are those in 40 C.F.R. 

§ 63, Subpart MMMMMM (July 1, 2009 July 1, 2012).

Source: 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:111. National emission standards for chemical manufacturing area sources 

-- Chromium compounds. The national emission standards for chemical manufacturing area 

sources -- chromium compounds are those in 40 C.F.R. § 63, Subpart NNNNNN (July 1, 2009

July 1, 2012). A source that operates a unit subject to Subpart NNNNNN is exempt from the 

obligation to obtain a Part 70 operating permit if the source is not required to obtain a Part 70 

operating permit for a reason other than the source is subject to Subpart NNNNNN. Exempted 

sources must still meet the applicable requirements in Subpart NNNNNN.

Source: 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:112. National emission standards for flexible polyurethane foam production 

and fabrication area sources. The national emission standards for flexible polyurethane foam 

production and fabrication area sources are those in 40 C.F.R. § 63, Subpart OOOOOO (July 1, 
158

2009 July 1, 2012). A source that operates a unit subject to Subpart OOOOOO is exempt from 

the obligation to obtain a Part 70 operating permit if the source is not required to obtain a Part 70 

operating permit for a reason other than the source is subject to Subpart OOOOOO. Exempted 

sources must still meet the applicable requirements in Subpart OOOOOO.

Source: 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:113. National emission standards for lead acid battery manufacturing area 

sources. The national emission standards for lead acid battery manufacturing area sources are 

those in 40 C.F.R. § 63, Subpart PPPPPP (July 1, 2009 July 1, 2012). A source that operates a 

unit subject to Subpart PPPPPP is exempt from the obligation to obtain a Part 70 operating 

permit if the source is not required to obtain a Part 70 operating permit for a reason other than 

the source is subject to Subpart PPPPPP. Exempted sources must still meet the applicable 

requirements in Subpart PPPPPP.

Source: 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:114. National emission standards for wood preserving area sources. The 

national emission standards for wood preserving area sources are those in 40 C.F.R. § 63, 
159

Subpart QQQQQQ (July 1, 2009 July 1, 2012). A source that operates a unit subject to Subpart 

QQQQQQ is exempt from the obligation to obtain a Part 70 operating permit if the source is not 

required to obtain a Part 70 operating permit for a reason other than the source is subject to 

Subpart QQQQQQ. Exempted sources must still meet the applicable requirements in Subpart 

QQQQQQ.

Source: 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:115. National emission standards for clay ceramic manufacturing area 

sources. The national emission standards for clay ceramic manufacturing area sources are those 

in 40 C.F.R. § 63, Subpart RRRRRR (July 1, 2009 July 1, 2012). A source that operates a unit 

subject to Subpart RRRRRR is exempt from the obligation to obtain a Part 70 operating permit if 

the source is not required to obtain a Part 70 operating permit for a reason other than the source 

is subject to Subpart RRRRRR. Exempted sources must still meet the applicable requirements in 

Subpart RRRRRR.

Source: 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.
160

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 July 1, 2012).

Source: 36 SDR 207, effective June 28, 2010.

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 July 1, 

2012). A source that operates a unit subject to Subpart TTTTTT is exempt from the obligation to 

obtain a Part 70 operating permit if the source is not required to obtain a Part 70 operating permit 

for a reason other than the source is subject to Subpart TTTTTT. Exempted sources must still 

meet the applicable requirements in Subpart TTTTTT.

Source: 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:118. National emission standards for plating and polishing area sources.

The national emission standards for plating and polishing area sources are those in 40 C.F.R. 

§ 63, Subpart WWWWWW (July 1, 2009 July 1, 2012). A source that operates a unit subject to 
161

Subpart WWWWWW is exempt from the obligation to obtain a Part 70 operating permit if the 

source is not required to obtain a Part 70 operating permit for a reason other than the source is 

subject to Subpart WWWWWW. Exempted sources must still meet the applicable requirements 

in Subpart WWWWWW.

Source: 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:119. National emission standards for nine metal fabrication and finishing 

area sources. The national emission standards for nine fabrication and finishing area sources are 

those in 40 C.F.R. § 63, Subpart XXXXXX (July 1, 2009 July 1, 2012). A source that operates a 

unit subject to Subpart XXXXXX is exempt from the obligation to obtain a Part 70 operating 

permit if the source is not required to obtain a Part 70 operating permit for a reason other than 

the source is subject to Subpart XXXXXX. Exempted sources must still meet the applicable 

requirements in Subpart XXXXXX.

Source: 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:120. National emission standards for ferroalloys production area sources.

The national emission standards for ferroalloys production area sources are those in 40 C.F.R. 
162

§ 63, Subpart YYYYYY (July 1, 2009 July 1, 2012). A source that operates a unit subject to 

Subpart YYYYYY is exempt from the obligation to obtain a Part 70 operating permit if the 

source is not required to obtain a Part 70 operating permit for a reason other than the source is 

subject to Subpart YYYYYY. Exempted sources must still meet the applicable requirements in 

Subpart YYYYYY.

Source: 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:121. National emission standards for aluminum, copper, and other 

nonferrous foundry area sources. The national emission standards for aluminum, copper, and 

other nonferrous foundry area sources are those in 40 C.F.R. § 63, Subpart ZZZZZZ (July 1, 

2009 July 1, 2012). A source that operates a unit subject to Subpart ZZZZZZ is exempt from the 

obligation to obtain a Part 70 operating permit if the source is not required to obtain a Part 70 

operating permit for a reason other than the source is subject to Subpart ZZZZZZ. Exempted 

sources must still meet the applicable requirements in Subpart ZZZZZZ.

Source: 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.
163

74:36:08:122. National emission standards for coal- and oil-fired electric utility 

steam generating units. The national emission standards for coal- and oil-fired electric 

utility steam generating units are those in 40 C.F.R. § 63, Subpart UUUUU (July 1, 2012).

Source: 

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:123. National emission standards for industrial, commercial, and 

institutional boilers area sources. The national emission standards for industrial, 

commercial, and institutional boilers area sources are those in 40 C.F.R. § 63, Subpart 

JJJJJJ (July 1, 2012). A source that operates a unit subject to Subpart JJJJJJ is exempt 

from the obligation to obtain a Part 70 operating permit if the source is not required to 

obtain a Part 70 operating permit for a reason other than the source is subject to Subpart 

JJJJJJ. Exempted sources must still meet the applicable requirements in Subpart JJJJJJ.

Source: 

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:124. National emission standards for chemical manufacturing area sources. 

The national emission standards for chemical manufacturing area sources are those in 40 

C.F.R. § 63, Subpart VVVVVV (July 1, 2012). A source that operates a unit subject to 
164

Subpart VVVVVV is exempt from the obligation to obtain a Part 70 operating permit if the 

source is not required to obtain a Part 70 operating permit for a reason other than the 

source is subject to Subpart VVVVVV. Exempted sources must still meet the applicable 

requirements in Subpart VVVVVV.

Source: 

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:125. National emission standards for asphalt processing and asphalt roofing 

manufacturing area sources. The national emission standards for asphalt processing and 

asphalt roofing manufacturing area sources are those in 40 C.F.R. § 63, Subpart 

AAAAAAA (July 1, 2012). A source that operates a unit subject to Subpart AAAAAAA is 

exempt from the obligation to obtain a Part 70 operating permit if the source is not 

required to obtain a Part 70 operating permit for a reason other than the source is subject 

to Subpart AAAAAAA. Exempted sources must still meet the applicable requirements in 

Subpart AAAAAAA.

Source: 

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.
165

74:36:08:126. National emission standards for chemical preparations industry area 

sources. The national emission standards for chemical preparations industry area sources 

are those in 40 C.F.R. § 63, Subpart BBBBBBB (July 1, 2012). A source that operates a unit 

subject to Subpart BBBBBBB is exempt from the obligation to obtain a Part 70 operating 

permit if the source is not required to obtain a Part 70 operating permit for a reason other 

than the source is subject to Subpart BBBBBBB. Exempted sources must still meet the 

applicable requirements in Subpart BBBBBBB.

Source: 

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:127. National emission standards for paints and allied products 

manufacturing area sources. The national emission standards for paints and allied 

products manufacturing area sources are those in 40 C.F.R. § 63, Subpart CCCCCCC 

(July 1, 2012). A source that operates a unit subject to Subpart CCCCCCC is exempt from 

the obligation to obtain a Part 70 operating permit if the source is not required to obtain a 

Part 70 operating permit for a reason other than the source is subject to Subpart 

CCCCCCC. Exempted sources must still meet the applicable requirements in Subpart 

CCCCCCC.

Source: 

General Authority: SDCL 34A-1-6.
166

Law Implemented: SDCL 34A-1-18.

74:36:08:128. National emission standards for prepared feeds manufacturing area 

sources. The national emission standards for prepared feeds manufacturing area sources 

are those in 40 C.F.R. § 63, Subpart DDDDDDD (July 1, 2012). A source that operates a 

unit subject to Subpart DDDDDDD is exempt from the obligation to obtain a Part 70 

operating permit if the source is not required to obtain a Part 70 operating permit for a 

reason other than the source is subject to Subpart DDDDDDD. Exempted sources must still 

meet the applicable requirements in Subpart DDDDDDD.

Source: 

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:129. National emission standards for gold mine ore processing and 

production area sources. The national emission standards for gold mine ore processing and 

production area sources are those in 40 C.F.R. § 63, Subpart EEEEEEE (July 1, 2012). 

Source: 

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.
167

74:36:08:130. National emission standards for polyvinyl chloride and copolymers 

production. The national emission standards for polyvinyl chloride and copolymers 

production are those in 40 C.F.R. § 63, Subpart HHHHHHH (July 1, 2012). 

Source: 

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

CHAPTER 74:36:09

PREVENTION OF SIGNIFICANT DETERIORATION

Section

74:36:09:01 Applicability.

74:36:09:01.01 Prevention of significant deterioration permit required.

74:36:09:02 Prevention of significant deterioration.

74:36:09:03 Public participation.

74:36:09:02. Prevention of significant deterioration. For the purposes of this chapter, 

the state's definitions and requirements for the prevention of significant deterioration are those in 

40 C.F.R. § 52.21 (July 1, 2009 July 1, 2012), as revised by EPA in publication 75 Fed. Reg. 
168

31606 and 31607 (June 3, 2010), except for 40 C.F.R. § 52.21(a)(1), (a)(2)(iv)(e), (a)(2)(vi), 

(b)(2)(iii)(h), (b)(3)(iii)(b), (b)(3)(vi)(d), (b)(32), (b)(42), (b)(55), (b)(56), (b)(57), (b)(58), (f), 

(k)(2), (q), (s), (t), (u), (x), (y), (z), and (cc) (July 1, 2009 July 1, 2012) with the following 

differences:

(1) For the purposes of this section, all terms defined in this section have the meaning 

defined in 40 C.F.R. § 52.21, except for the term "administrator" which means the secretary with 

the following exceptions:

(a) In 40 C.F.R. §§ 52.21(b)(3)(iii) and 52.21(b)(37)(iii), the term "administrator" 

means either the secretary or the administrator of EPA, as applicable;

(b) In 40 C.F.R. §§ 52.21(w)(2) to 52.21(w)(4), inclusive, the term "administrator" 

means either the secretary or the administrator of EPA, as applicable;

(c) In 40 C.F.R. §§ 52.21(b)(17); 52.21(b)(37)(i); 52.21(b)(43); 52.21(b)(48)(ii)(c); 

52.21(b)(50)(i); 52.21(g)(1) to 52.21(g)(6), inclusive; 52.21(l)(2); and 52.21(p)(2) the term 

"administrator" means the administrator of EPA;

(2) For the purposes of this section, the term "Act" means the Clean Air Act;

(3) For the purposes of this section, in 40 C.F.R. § 52.21(c), the Class I areas in South 

Dakota are Wind Cave National Park and the Badlands National Park;
169

(4) For the purposes of this section, 40 C.F.R § 52.21(a)(2)(iv)(f) is incorporated by 

reference excluding the last sentence which states, "For example, if a project involves both an 

existing emissions unit and a Clean Unit, the projected increase is determined by summing the 

values determined using the method specified in paragraph (a)(2)(iv)(c) of this section for the 

existing unit and using the method specified in paragraph (a)(2)(iv)(e) of this section for the 

Clean Unit";

(5) (4) For the purposes of this section, 40 C.F.R. § 52.21(b)(2)(iii)(a) is incorporated by 

reference excluding the second sentence which states, "Routine maintenance, repair and 

replacement shall include, but not be limited to, any activity(s) that meets the requirements of the 

equipment replacement provisions contained in paragraph (cc) of this section";

(6) For the purposes of this section, 40 C.F.R. § 52.21(r)(6) is incorporated by reference 

excluding the phrase, "(other than projects at a Clean Unit or at a source with a PAL)";

(7) (5) For the purposes of this section, 40 C.F.R. § 52.21(v)(1) is incorporated by 

reference excluding the phrase, "under 40 CFR 124.10"; and

(8) (6) For the purposes of this section, 40 C.F.R. § 52.21(w)(1) is incorporated by 

reference excluding the phrase, "expires under paragraph (s) of this section or".
170

The secretary shall transmit to the administrator of the EPA a copy of each permit 

application subject to this section and shall notify the administrator of the EPA of each 

significant action the secretary takes on the application.

If EPA stays or withdraws the regulation of greenhouse gases as identified in publication 

75 Fed. Reg. 31606 and 31607 (June 3, 2010) 40 C.F.R. § 52.21(w)(1) (July 1, 2012), or a court 

issues an order vacating or otherwise invalidating EPA's regulation of greenhouse gases for any 

reason, the regulation of greenhouse gases by Article 74:36 are void as of the date of such 

administrative or judicial action and shall have no further force and effect.

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 30 

SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 33 SDR 43, 

effective September 18, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 

28, 2010; 37 SDR 182, effective April 20, 2011.

General Authority: SDCL 34A-1-6, 34A-1-18.

Law Implemented: SDCL 34A-1-18.

74:36:09:03. Public participation. For the purposes of this chapter, the state's public 

participation procedures are those in 40 C.F.R. § 51.166(q) (July 1, 2009 July 1, 2012), 

excluding the phrase "The plan shall provide that..." with the following differences:

(1) For the purposes of this section, in 40 C.F.R. § 52.166(q) the phrase "reviewing 

authority" means the secretary;
171

(2) For the purposes of this section, in 40 C.F.R. § 51.166(q)(1) the phrase "specified time 

period" means 60 days;

(3) For the purposes of this section, in 40 C.F.R. § 51.166(q)(2)(iv), the term 

"administrator" means the administrator of EPA;

(4) For the purposes of this section, in 40 C.F.R. § 51.166(q)(2)(iii), the phrase "Notify the 

public" shall consist of a public notice once in a legal newspaper in the county where the 

proposed source would be constructed. The public notice shall include a statement that a person 

may submit comments or contest the draft permit within 30 days after the publication of the 

notice. The statement shall also describe the procedures a person must follow to contest the draft 

permit and request a hearing in accordance with article 74:09;

(5) For the purposes of this section, in 40 C.F.R. § 51.166(q)(2)(v), a public hearing is 

required if a person contests the draft permit or contests the secretary's final determination and 

requests a hearing in accordance with article 74:09; and

(6) For the purposes of this section, in 40 C.F.R. § 51.166(q)(2)(viii), if a request for a 

contested case hearing is not submitted during the public notice period, the secretary shall make 

a final determination within 30 days of the end of the public comment period on the draft permit. 

The secretary shall notify, in writing, the applicant and each person that submitted written 

comments or requested notice of the final determination. The notice shall include reference to the 
172

procedures for contesting the final determination and requesting a hearing in accordance with 

article 74:09 within 30 days of receiving the secretary's final determination. If no person 

comments on a draft permit, requests changes, or contests the draft permit during the public 

notice period, the draft permit automatically becomes the secretary's final determination and is 

issued at the end of the public notice period.

Source: 33 SDR 43, effective September 18, 2006; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6, 34A-1-18.

Law Implemented: SDCL 34A-1-18.

CHAPTER 74:36:10

NEW SOURCE REVIEW

Section

74:36:10:01 Applicability.

74:36:10:02 Definitions.

74:36:10:03 Repealed.

74:36:10:03.01 New source review preconstruction permit required.

74:36:10:04 Repealed.

74:36:10:05 New source review preconstruction permit.
173

74:36:10:06 Causing or contributing to a violation of any national ambient air quality 

standard.

74:36:10:07 Determining credit for emission offsets.

74:36:10:08 Projected actual emissions.

74:36:10:09 Clean unit test for emission units subject to lowest achievable emission rate.

Repealed.

74:36:10:10 Clean unit test for emission units comparable to lowest achievable emission rate.

Repealed.

74:36:10:02. Definitions. For the purposes of this chapter, the definitions for new source 

review are those in 40 C.F.R. § 51.165(a)(1) (July 1, 2009 July 1, 2012).

For the purposes of this chapter, the term, Act, means the Clean Air Act.

For the purposes of this section, the term, reviewing authority, means the secretary.

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 30 

SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 36 SDR 207, 

effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6.
174

74:36:10:03.01. New source review preconstruction permit required. New major 

stationary sources or major modifications to existing major sources must obtain a preconstruction 

permit before beginning actual construction if they are located in the following areas:

(1) An attainment or unclassified area if the source would cause or contribute to a 

violation of any national ambient air quality standard; or

(2) An area designated nonattainment for any national ambient air quality standard if the 

source is major for the pollutant for which the area is designated nonattainment.

Except as provided by a plant-wide applicability limit and a pollution control project 

exclusion, a proposed project is considered a major modification to an existing major source if

the proposed project meets the criteria in 40 C.F.R. § 51.165(a)(2)(ii)(A) to (F), inclusive, (July 

1, 2009 July 1, 2012).

Source: 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 

36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6, 34A-1-21.

Law Implemented: SDCL 34A-1-6, 34A-1-21.

Note: The procedural requirements for obtaining a preconstruction permit under the new 

source review program are similar to the procedural requirements for a Part 70 source, such as a 
175

timely and complete application, completeness review, statement of basis, public participation, 

and departmental recommendation, as outlined in §§ 74:36:05:08 to 74:36:05:20.01, inclusive.

74:36:10:05. New source review preconstruction permit. A new source review 

preconstruction permit must satisfy the following criteria before beginning actual construction:

(1) All requirements for new source performance standards in chapter 74:36:07 that apply 

to the facility;

(2) Compliance with the lowest achievable emission rate (LAER);

(3) Certification of compliance that all other major sources, major modifications, or 

reconstructed facilities that are owned, operated, or controlled by the applicant either in whole or 

in part elsewhere in the state are in compliance with all applicable emission limitations and 

standards; and

(4) The total tonnage of increased emissions, in tons per year, resulting from a major 

modification that must be offset shall be determined by summing the difference between the 

allowable emissions after the modification and the actual emissions before the modification for 

each emissions unit. Emissions offsets are determined in accordance with § 74:36:10:07.
176

The owner or operator may use a clean unit test as described in § 74:36:10:09 or 

74:36:10:10 to determine whether emission increases at a clean unit are part of a project that is a 

major modification.

The owner or operator may apply for a pollution control project exclusion. The procedures 

for a pollution control project exclusion are those in 40 C.F.R. § 51.165(e)(1) to (e)(6), inclusive, 

(July 1, 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)(1) to (f)(15), inclusive, (July 1, 

2009 July 1, 2012).

Approval to construct does not relieve an owner or operator of the responsibility to comply 

fully with applicable provisions of this article or the Clean Air Act and any other requirements 

under local, state, or federal law.

Submission of preconstruction monitored or projected ambient air quality data, or both, 

from the proposed source must accompany the permit application. In addition, air quality 

dispersion modeling and meteorological data for the prescribed area may be required by the 

department. Costs of these requirements must be absorbed by the proposed source.

Source: 7 SDR 4, effective July 27, 1980; transferred from § 44:10:01:16, effective July 1, 

1981; 8 SDR 71, effective December 21, 1981; 10 SDR 68, effective January 5, 1984; 13 SDR 
177

129, 13 SDR 141, effective July 1, 1987; 16 SDR 88, effective November 14, 1989; 17 SDR 

170, effective May 13, 1991; transferred from § 74:26:01:16, 19 SDR 157, effective April 22, 

1993; 21 SDR 119, effective January 5, 1995; 30 SDR 26, effective September 1, 2003; 31 SDR 

101, effective January 2, 2005; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-22.

74:36:10:06. Causing or contributing to a violation of any national ambient air 

quality standard. This section applies to any major stationary source or major modification to 

an existing major source that is located in an attainment or unclassifiable area that may cause or 

contribute to violation of a national ambient air quality standard. A major stationary source or 

major modification to an existing major source is considered to cause or contribute to a violation 

of a national ambient air quality standard if the source or modification would, at a minimum, 

exceed the following significance levels at any locality that does not or would not meet the 

applicable national standard:

POLLUTANT AND SIGNIFICANT LEVELS

Averaging time (hours)

Annual 24 8 3 1

(1) SO2: 1.0 ug/m3 5 ug/m3 - 25 ug/m3 -

(2) PM10: 1.0 ug/m3 5 ug/m3 - - -
178

(3) PM2.5 0.3 ug/m3 1.2 ug/m3 - - -

(3) (4) NO2: 1.0 ug/m3 - - - -

(4) (5) CO - - 0.5 mg/m3 - 2 mg/m3

The owner or operator of a new major stationary source or major modification to an 

existing major source may reduce the impact of its emissions on air quality by obtaining 

emission offsets to compensate for its adverse ambient impact where the new major source or 

major modification to an existing major source would otherwise cause or contribute to a 

violation of the national ambient air quality standard. The procedures for determining credit for 

emission offsets are those in § 74:36:10:07.

Source: 17 SDR 170, effective May 13, 1991; transferred from § 74:26:01:16:02, 19 SDR 

157, effective April 22, 1993; 30 SDR 26, effective September 1, 2003.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6.

74:36:10:07. Determining credit for emission offsets. The baseline for determining 

credit for emission offsets is the emission limit in effect at the time the application to construct is 

filed, except that the offset baseline is the actual emission of the unit from which offset credit is 

obtained if the demonstration of reasonable further progress and attainment of ambient air 

quality standards is based upon the actual emission of sources located within a designated 

nonattainment area; or if there is no applicable emission limit.
179

In determining credit for emission offsets the following criteria shall be met:

(1) All offsets must be for the same regulated NSR pollutant, result in a net positive air 

quality benefit in the affected area, and be approved by the department before issuance of the 

permit, even though they need not be in effect until the source commences operation. The offset 

ratio of total actual emissions reductions to the emissions increase shall be at least 1 to 1 

unless an alternative ratio is provided in accordance with the offset requirements in 40 

C.F.R. § 51.165(a)(9)(ii) through 51.165(a)(9)(iv) (July 1, 2012);

(2) External offsets or those emission limitations from sources not owned, operated, or 

controlled by an applicant for a permit shall be made through a revision of the permit conditions 

of the participating source or sources. At no time may the baseline be exceeded;

(3) The permissible location of offsetting emissions shall be conducted in accordance with 

40 C.F.R., Part 51, Appendix S, section IV.D (July 1, 2009 July 1, 2012);

(4) For an existing fuel combustion unit, credit shall be based on the emission limit for the 

type of fuel being burned at the time the application to construct is filed. If the existing source 

agrees to switch to a cleaner fuel at some future date, emission offset credits based on the 

allowable or actual emissions for the fuels involved may be allowed only if permit conditions 

specify an alternative control measure that would achieve the same degree of emission reduction 

if the source switched back to the dirtier fuel at some later date;
180

(5) Emission reductions achieved by shutting down an existing unit or curtailing 

production or operating hours below baseline levels may be credited if the reductions are 

permanent, quantifiable, federally enforceable, and the area has a federally-approved attainment 

plan. In addition, the shutdown or curtailed production must occur after August 7, 1977, or less 

than one year before the date of submitting the permit application, whichever is earlier. Emission 

reductions may be credited in the absence of a federally-approved attainment plan if the 

shutdown or curtailment occurred on or after the date the application is filed for a new unit or if 

the applicant can establish that the proposed new unit is a replacement for the shutdown or 

curtailed unit, and the shutdown or curtailment occurred after August 7, 1977, or less than one 

year before the date of submitting the permit application, whichever is earlier;

(6) Except as set forth in 40 C.F.R. § 51.165(a)(3)(ii)(D) (July 1, 2009 July 1, 2012), 

emission offset credit may not be allowed for replacing one hydrocarbon compound with another 

of lesser reactivity;

(7) Credit for emissions reduction may be claimed to the extent that the department has 

not relied on it in issuing a permit or in its demonstration of attainment or reasonable further 

progress;

(8) If the emissions limit allows greater emissions than the potential to emit of the unit, the 

emission offset credit is allowed only for the control below the potential to emit of the unit;
181

(9) Decreases in actual emissions resulting from the installation of add-on control 

technology or application of pollution prevention measures that were relied upon in designating 

an emissions unit as a clean unit or a project as a pollution control project may not be used as 

offset;

(10) Decreases in actual emissions occurring at a clean unit may not be used as offsets, 

except as provided in 40 C.F.R. § 51.165(c)(8) and (d)(10) (July 1, 2009). Similarly, decreases in 

actual emissions occurring at a pollution control project may not be used as offsets, except as 

provided in 40 C.F.R. § 51.165(e)(6)(iv) (July 1, 2009); and

(11) (9) All emission reductions claimed as offset credit must be federally enforceable.

Source: 7 SDR 4, effective July 27, 1980; transferred from §§ 44:10:01:15 and 

44:10:01:17, effective July 1, 1981; 8 SDR 71, effective December 21, 1981; 12 SDR 183, 

effective May 21, 1986; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 17 SDR 170, effective 

May 13, 1991; transferred from §§ 74:26:01:15, 74:26:01:16.01, and 74:26:01:17, 19 SDR 157, 

effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 30 SDR 26, effective 

September 1, 2003; 31 SDR 101, effective January 2, 2005; 36 SDR 207, effective June 28, 

2010.

General Authority: SDCL 34A-1-6, 34A-1-21.

Law Implemented: SDCL 34A-1-21, 34A-1-22.
182

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) (vi), inclusive, 

(July 1, 2009 July 1, 2012). This section does not apply to projects at a clean unit or at a source 

with a plant-wide applicability limit.

The owner or operator shall make the information required to be documented in 40 C.F.R. 

§ 51.165(a)(6)(i) to (v) (vi), inclusive, (July 1, 2009 July 1, 2012) available for review upon a 

request for inspection by the secretary or the general public pursuant to the requirements 

contained in 40 C.F.R. § 70.4(b)(3)(viii) (July 1, 2009 July 1, 2012).

Source: 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 

36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6.

74:36:10:09. Clean unit test for emission units subject to lowest achievable emission 

rate. A clean unit test may be used to determine whether an emission increase at a clean unit is 

part of a project that is a major modification according to the provisions in 40 C.F.R. 

§ 51.165(c)(1) to (c)(9), inclusive, (July 1, 2009). Repealed.
183

Source: 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 

36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6.

74:36:10:10. Clean unit test for emission units comparable to lowest achievable 

emission rate. A clean unit test may be used to determine whether an emission increase at a 

clean unit is part of a project that is a major modification for a clean unit that does not qualify as 

a clean unit under § 74:36:10:09, but is achieving a level of emission control comparable to 

lowest achievable emission rate as determined by the secretary in accordance with the provisions 

in 40 C.F.R. § 51.165(d)(2) to (d)(11), inclusive, (July 1, 2009). Repealed.

Source: 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 

36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6.

CHAPTER 74:36:11

PERFORMANCE TESTING

Section
184

74:36:11:01 Stack performance testing or other testing methods.

74:36:11:02 Secretary may require performance tests.

74:36:11:03 Notice to department of performance test.

74:36:11:04 Testing new fuels or raw materials.

74:36:11:01. Stack performance testing or other testing methods. All stack 

performance tests or other test methods must be made in accordance with the applicable method 

specified in 40 C.F.R. § 60.17; Part 60, Appendix A; § 63.14; Part 63, Appendix A; and Part 51, 

Appendix M (all July 1, 2009 July 1, 2012).

Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from 

§ 34:10:05:01, 7 SDR 4, effective July 27, 1980; transferred from § 44:10:05:01, effective July 1, 

1981; 10 SDR 68, effective January 5, 1984; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 

14 SDR 72, effective November 24, 1987; 16 SDR 88, effective November 14, 1989; 17 SDR 

170, effective May 13, 1991; transferred from §§ 74:26:05:01, 19 SDR 157, effective April 22, 

1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 1996; 26 

SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, 

effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 36 SDR 207, effective June 28, 

2010.

General Authority: SDCL 34A-1-6, 34A-1-12.

Law Implemented: SDCL 34A-1-12.
185

CHAPTER 74:36:12

CONTROL OF VISIBLE EMISSIONS

Section

74:36:12:01 Restrictions on visible emissions.

74:36:12:02 Exceptions to restrictions.

74:36:12:03 Exceptions granted to alfalfa palletizes or dehydrators.

74:36:12:01. Restrictions on visible emissions. The owner or operator of a source may 

not discharge into the ambient air from a single unit of emissions an air pollutant of a density 

equal to or greater than that designated as 20 percent opacity, as established by the 

Environmental Protection Agency's Method 9 in 40 C.F.R. Part 60, Appendix A (July 1, 2009 

July 1, 2012).

Source: SL 1975, ch 16, § 1; transferred from § 34:10:03:01, 7 SDR 4, effective July 27, 

1980; transferred from § 44:10:03:01, effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective 

July 1, 1987; 17 SDR 170, effective May 13, 1991; transferred from § 74:26:03:01, 19 SDR 157, 

effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April 4, 

1999; 26 SDR 168, effective June 27, 2000; 31 SDR 101, effective January 2, 2005; 32 SDR 

209, effective June 13, 2006; 36 SDR 207, effective June 28, 2010.
186

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6.

74:36:12:02. Exceptions to restrictions. The provisions of § 74:36:12:01 do not apply in the 

following circumstances:

 (1) If the presence of uncombined water is the only reason for failure to meet the 

requirements of § 74:36:12:01;

 (2) If smoke is emitted for the purpose of training or research and is approved by the 

department; and

 (3) For brief periods during such operations as soot blowing, start-up, shut-down, and 

malfunctions.

 Source: SL 1975, ch 16, § 1; transferred from § 34:10:03:03, 7 SDR 4, effective July 27, 

1980; transferred from § 44:10:03:03, effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective 

July 1, 1987; transferred from § 74:26:03:03, 19 SDR 157, effective April 22, 1993.

 General Authority: SDCL 34A-1-6.

 Law Implemented: SDCL 34A-1-6.

74:36:12:03. Exceptions granted to alfalfa palletizes or dehydrators. The owner or 

operator of a facility that pelletizes or dehydrates alfalfa, or that does both, may discharge into 

the ambient air an air pollutant of a density no greater than 30 percent opacity, as established by 
187

the Environmental Protection Agency's Method 9 in 40 C.F.R. Part 60, Appendix A (July 1, 

2009 July 1, 2012).

Source: 8 SDR 133, effective April 18, 1982; 11 SDR 151, effective May 12, 1985; 13 

SDR 129, 13 SDR 141, effective July 1, 1987; 17 SDR 170, effective May 13, 1991; transferred 

from § 74:26:03:05, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 

1995; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 36 SDR 

207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6.

CHAPTER 74:36:13

CONTINUOUS EMISSION MONITORING SYSTEMS

Section

74:36:13:01 Secretary may require continuous emission monitoring systems (CEMS).

74:36:13:02 Minimum performance specifications for all continuous emission monitoring 

systems.

74:36:13:03 Reporting requirements.

74:36:13:04 Notice to department of exceedance.

74:36:13:05 Compliance determined by data from continuous emission monitor.
188

74:36:13:06 Compliance certification.

74:36:13:07 Credible evidence.

74:36:13:08 Compliance assurance monitoring.

74:36:13:02. Minimum performance specifications for all continuous emission 

monitoring systems. Minimum performance specifications for all continuous emission 

monitoring systems are those contained in 40 C.F.R. Part 60, Appendix B and 40 C.F.R. § 60.13 

(July 1, 2009 July 1, 2012 ).

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 26 

SDR 168, effective June 27, 2000; 31 SDR 101, effective January 2, 2005; 32 SDR 209, 

effective June 13, 2006; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6, 34A-1-12.

Law Implemented: SDCL 34A-1-12.

74:36:13:03. Reporting requirements. Owners or operators of those sources required to 

install continuous emission monitoring systems shall observe the reporting requirements 

contained in 40 C.F.R. § 60.7 (July 1, 2009 July 1, 2012). All records must be made available to 

the department on request.
189

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 26 

SDR 168, effective June 27, 2000; 31 SDR 101, effective January 2, 2005; 32 SDR 209, 

effective June 13, 2006; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6, 34A-1-12.

Law Implemented: SDCL 34A-1-12.

74:36:13:04. Notice to department of exceedance. Any emissions that exceed the 

standards listed in 40 C.F.R. Part 60 (July 1, 2009 July 1, 2012) or this article that are detected 

through continuous emission monitoring systems (CEMS) must be reported to the department 

within the time constraints as determined by the secretary in the permit to operate.

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 26 

SDR 168, effective June 27, 2000; 31 SDR 101, effective January 2, 2005; 32 SDR 209, 

effective June 13, 2006; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6, 34A-1-12.

Law Implemented: SDCL 34A-1-12.

74:36:13:06. Compliance certification. Notwithstanding any other provision in any plan 

approved by the administrator, for the purpose of submission of compliance certifications an 

owner or operator may use monitoring as required under 40 C.F.R. § 70.6(a)(3) (July 1, 2009

July 1, 2012) and incorporated into a federally enforceable operating permit in addition to any 

specified compliance methods.
190

Source: 21 SDR 119, effective January 5, 1995; 31 SDR 101, effective January 2, 2005; 

32 SDR 209, effective June 13, 2006; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6, 34A-1-12.

Law Implemented: SDCL 34A-1-12.

74:36:13:07. Credible evidence. Notwithstanding any other provision, any credible 

evidence may be used for the purpose of establishing whether a person has violated or is in 

violation of a plan. Credible evidence is as follows:

(1) Information from the use of the following methods is presumptively credible evidence 

of whether a violation has occurred at the source:

(a) A monitoring method approved for the source pursuant to 40 C.F.R. § 70.6(a)(3) 

(July 1, 2009 July 1, 2012) and incorporated in a federally enforceable operating permit;

(b) Compliance methods specified in the applicable plan; and

(2) The following testing, monitoring, or information gathering methods are 

presumptively credible testing, monitoring, or information-gathering methods;

(a) Any federally enforceable monitoring or testing methods, including those in 40 

C.F.R. Parts 51, 60, 61, and 75 (July 1, 2009 July 1, 2012);
191

(b) Other testing, monitoring, or information-gathering methods that produce 

information comparable to that produced by any method in subdivision (1) or (2)(a) of this 

section.

Source: 21 SDR 119, effective January 5, 1995; 26 SDR 168, effective June 27, 2000; 31 

SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 36 SDR 207, 

effective June 28, 2010.

General Authority: SDCL 34A-1-6, 34A-1-12.

Law Implemented: SDCL 34A-1-12.

74:36:13:08. Compliance assurance monitoring. The owner or operator of a unit that is 

subject to 40 C.F.R. § 64.2 (July 1, 2009 July 1, 2012), must comply with 40 C.F.R. §§ 64.1 and 

64.3 to 64.10, inclusive, (July 1, 2009 July 1, 2012).

Source: 25 SDR 123, effective April 4, 1999; 26 SDR 168, effective June 27, 2000; 31 

SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 36 SDR 207, 

effective June 28, 2010.

General Authority: SDCL 34A-1-6, 34A-1-12.

Law Implemented: SDCL 34A-1-12.

CHAPTER 74:36:16

ACID RAIN PROGRAM
192

Section

74:36:16:01 General provisions.

74:36:16:02 Allowance system.

74:36:16:03 Reserved.

74:36:16:04 Continuous emission monitoring.

74:36:16:05 Nitrogen oxides emission reduction.

74:36:16:01. General provisions. The following provisions are incorporated by 

reference: 40 C.F.R. §§ 72.2 to 72.85, inclusive, (July 1, 2009 July 1, 2012) except for the 

following definitions in § 72.2: Environmental Appeals Board, EPA trial staff, ex parte 

communication, hearing clerk, presiding officer, and state operating permit program and except 

for §§ 72.4, 72.5, 72.6(c), 72.10, 72.12, 72.13, 72.20, 72.23 to 72.25, inclusive, 72.60 to 72.71, 

inclusive, 72.73, and 72.74. For the purposes of this chapter, "administrator" means the secretary, 

except for those authorities which cannot be delegated to the state, in which case "administrator" 

means the administrator of the Environmental Protection Agency.

Source: 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April 4, 1999; 26 

SDR 168, effective June 27, 2000; 31 SDR 101, effective January 2, 2005; 32 SDR 209, 

effective June 13, 2006; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6, 34A-1-18.
193

Law Implemented: SDCL 34A-1-18.

74:36:16:02. Allowance system. The allowance system for the acid rain program is that 

in 40 C.F.R. §§ 73.1 to 73.53, inclusive, (July 1, 2009 July 1, 2012).

Source: 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April 4, 1999; 26 

SDR 168, effective June 27, 2000; 31 SDR 101, effective January 2, 2005; 32 SDR 209, 

effective June 13, 2006; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6, 34A-1-18.

Law Implemented: SDCL 34A-1-18.

74:36:16:04. Continuous emission monitoring. The continuous emission monitoring 

requirements for the acid rain program are those in 40 C.F.R. §§ 75.1 to 75.67, inclusive, (July 1, 

2009 July 1, 2012) and Appendixes A to H, inclusive, to 40 C.F.R. Part 75 (July 1, 2009 July 1, 

2012).

Source: 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April 4, 1999; 26 

SDR 168, effective June 24, 2000; 31 SDR 101, effective January 2, 2005; 32 SDR 209, 

effective June 13, 2006; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6, 34A-1-18.

Law Implemented: SDCL 34A-1-18.
194

74:36:16:05. Nitrogen oxides emission reduction. The nitrogen oxides emission 

reduction requirements for the acid rain program are those in 40 C.F.R. §§ 76.1 to 76.16, 

inclusive, (July 1, 2009 July 1, 2012).

Source: 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April 4, 1999; 26 

SDR 168, effective June 27, 2000; 31 SDR 101, effective January 2, 2005; 32 SDR 209, 

effective June 13, 2006; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6, 34A-1-18.

Law Implemented: SDCL 34A-1-18.

CHAPTER 74:36:18

REGULATIONS FOR STATE FACILITIES IN THE RAPID CITY AREA

Section

74:36:18:01 Definitions.

74:36:18:02 Applicability.

74:36:18:03 Permit required.

74:36:18:04 Time period for permits and renewals.

74:36:18:05 Required contents of a complete application for a permit.

74:36:18:06 Contents of permit.

74:36:18:07 Permit expiration.
195

74:36:18:08 Renewal of permit.

74:36:18:09 Reasonably available control technology required.

74:36:18:10 Visible emissions limit for construction and continuous operation activities.

74:36:18:11 Exception to visible emission limit.

74:36:18:12 Notice of operating noncompliance -- Contents.

74:36:18:04. Time period for permits and renewals. A construction activity or 

continuous operation activity permit is issued for a period up to five years and all subsequent 

permits are for periods of five years.

Source: 28 SDR 178, effective July 1, 2002.

General Authority: SDCL 34A-1-6, 34A-1-21, 34A-1-24.

Law Implemented: SDCL 34A-1-21, 34A-1-24.

74:36:18:05. Required contents of a complete application for a permit. An application 

for a construction activity and continuous operation activity permit shall contain the following 

information to be considered complete:

(1) General company information, including the company name and address, the owner's 

name and agent, and the plant site manager or contact;

(2) Legal description and location of the construction or continuous operation activity, 

including a site map; 
196

(3) Description of the proposed construction or continuous operation activity, including 

nature and description of equipment used;

(4) Description of the reasonably available control technology used to control the fugitive 

emissions; and

(5) For construction activities, the proposed date for commencement and termination of 

the construction activity.

Source: 28 SDR 178, effective July 1, 2002.

General Authority: SDCL 34A-1-6, 34A-1-21, 34A-1-24.

Law Implemented: SDCL 34A-1-21, 34A-1-24.

74:36:18:06. Contents of permit. The construction activity and continuous operation 

activity permit shall include the following:

(1) The signature of either the secretary or the chairman;

(2) The name of the person, company, political subdivision, agency, or institution granted 

a permit;

(3) The type of operation;

(4) The mailing address;

(5) The date the permit was granted and on which it will expire;

(6) A permit number;

(7) The name of a designated person or officer responsible for the permitted activity;
197

(8) A statement granting a permit by the board or secretary and any conditions that the 

board or secretary may impose to ensure compliance with the Act;

(9) Emission limits and standards necessary to assure compliance with applicable 

requirements of the Clean Air Act;

(10) Record keeping and reporting requirements;

(11) A severability clause to ensure the continued validity of the various permit 

requirements if any portion of the permit are challenged; and

(12) Provisions stating the following:

(a) The permittee must comply with all conditions of the permit. Any permit 

noncompliance constitutes a violation and is grounds for enforcement action, permit termination, 

revocation or modification, or for denial of a permit renewal application;

(b) The permit may be modified, revoked, or terminated for cause;

(c) The permit does not convey any property rights of any sort or any exclusive 

privilege; and

(d) The permittee shall provide any information requested in writing by the secretary to 

determine whether cause exists for modifying, revoking, or terminating the permit or to 

determine compliance.

Source: 28 SDR 178, effective July 1, 2002.
198

General Authority: SDCL 34A-1-6, 34A-1-21.

Law Implemented: SDCL 34A-1-21, 34A-1-30.

74:36:18:10. Visible emission limit for construction and continuous operation 

activities. The owner or operator of a state facility or state contractor may not discharge into the 

ambient air from a fugitive source an air pollutant of a density equal to or greater than that 

designated as 20 percent opacity for a series of two minute averages with a minimum of a total of 

six minutes of readings. The Environmental Protection Agency's Method 9 in 40 C.F.R. Part 60, 

Appendix A (July 1, 2009 July 1, 2012) shall be used to determine the opacity.

Source: 28 SDR 178, effective July 1, 2002; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-47, 34A-1-49.

74:36:18:11. Exception to visible emission limit. The provisions of § 74:36:18:10 do not 

apply if all three of the following meteorological conditions exist:

(1) Five consecutive days of 0.02 inches or less of precipitation each day excluding dry 

snow;

(2) Forecasted peak wind gusts greater than 40 miles per hour; and

(3) Forecasted average hourly wind speed greater than 20 miles per hour.

Source: 28 SDR 178, effective July 1, 2002.
199

General Authority: SDCL 34A-1-6, 34A-1-19, 34A-1-24.

Law Implemented: SDCL 34A-1-12, 34A-1-19, 34A-1-24.

74:36:18:12. Notice of operating noncompliance -- Contents. If the secretary 

determines that the operation of a source is not in compliance with this article, the Clean Air Act, 

or permit conditions, the secretary may issue a notice of such a finding to the permit holder or 

operator of the source. The notice must contain citations to the rules, statutes, or permit 

conditions violated and the alleged facts upon which the determination is based.

Source: 28 SDR 178, effective July 1, 2002.

General Authority: SDCL 34A-1-6, 34A-1-21.

Law Implemented: SDCL 1-26-27, 34A-1-21, 34A-1-30.

CHAPTER 74:36:20

CONSTRUCTION PERMITS FOR NEW SOURCES OR MODIFICATIONS

Section

74:36:20:01 Applicability.

74:36:20:02 Construction permit required.

74:36:20:02.01 Initiating construction prior to permit issuance.

74:36:20:03 Construction permit exemption.
200

74:36:20:04 Emission unit exemptions.

74:36:20:05 Standard for issuance of construction permit.

74:36:20:06 Timely and complete application for a construction permit required.

74:36:20:07 Required contents of complete application for a construction permit.

74:36:20:08 Applicant required to supplement or correct application.

74:36:20:09 Permit application -- Completeness review.

74:36:20:10 Time period for department's recommendation.

74:36:20:11 Public participation in permitting process.

74:36:20:12 Public review of department's draft permit.

74:36:20:13 Final permit decision -- Notice to interested persons.

74:36:20:14 Right to petition for contested case hearing.

74:36:20:15 Contents of construction permit.

74:36:20:16 Administrative permit amendment.

74:36:20:17 Procedures for administrative permit amendments.

74:36:20:18 Reopening construction permit for cause.

74:36:20:19 Procedures to reopen construction permit.

74:36:20:20 Construction permit does not exempt from other requirements.

74:36:20:21 Expiration of a construction permit.

74:36:20:22 Notice of constructing or operating noncompliance -- Contents.

74:36:20:23 Petition for contested case or alleged violation.

74:36:20:24 Circumvention of emissions not allowed.
201

74:36:20:05. Standard for issuance of construction permit. A construction permit for a 

new source or modification to an existing source may be issued only if it has been shown that the 

operation of the new source or modification to an existing source will not prevent or interfere 

with the attainment or maintenance of an applicable national ambient air quality standard. 

Compliance with this requirement as determined by air pollution dispersion modeling shall be 

based on modeling performed in accordance with 40 C.F.R. Part 51, Appendix W (July 1, 

2012) and is not affected by stack height that exceeds good engineering practice or by any other

dispersion technique as defined in 40 C.F.R. § 51.100 (July 1, 2009 July 1, 2012). Each new 

source or modification to an existing source must comply with emission limits and other 

requirements of the act and the Clean Air Act. The construction permit must include reasonable 

conditions, including adherence to plans and specifications, to ensure compliance with the act, 

the Clean Air Act, and any other conditions justified under SDCL 34A-1-19.

Source: 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6, 34A-1-19, 34A-1-21.

Law Implemented: SDCL 34A-1-21.

74:36:20:11. Public participation in permitting process. The department shall mail a 

copy of the draft permit to the applicant. The department shall publish a public notice of the draft 

permit once in a legal newspaper in the county where the source is located. The notice must 

include a brief statement describing the source and where it is located; the department's 

recommendation and the reasons for it; the activity or activities involved in the permit action; a 

statement that a person may submit comments or contest the draft permit within 30 days after the 
202

publication of the notice; a description of the procedures a person must follow to contest the draft 

permit and request a hearing in accordance with article 74:09; and a statement describing where 

copies of the draft permit or other information may be obtained. The department shall provide to 

the interested parties a 30-day notice of any hearing to contest a draft permit.

Source: 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6, 34A-1-21.

Law Implemented: SDCL 1-26-27, 34A-1-21, 34A-1-30.

74:36:20:13. Final permit decision -- Notice to interested persons. The department 

shall make its final permit decision within 30 days of the end of the public comment period on a 

draft permit. The department shall notify, in writing, the applicant and each person that 

submitted written comments or requested notice of the final permit decision. The notice shall 

include reference to the procedures for contesting the final permit decision and requesting a 

hearing in accordance with article 74:09. For the purpose of this section, the final permit decision 

means proposing a permit or denying a permit.

The final permit shall be issued within 30 days of notifying the applicant and each person 

that submitted written comments or requested notification of the final permit decision except 

under the following conditions:

(1) A later effective date is specified in the final permit decision;

(2) A contested case hearing is requested; or
203

(3) No comments or request for changes in the draft permit were received during the 

public comment period on the draft permit. In this case, the draft permit automatically becomes 

the final permit decision and the final permit is issued at the end of the public comment period.

Source: 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6, 34A-1-21.

Law Implemented: SDCL 1-26-27, 1-26-29, 34A-1-21, 34A-1-30, 34A-1-34.

74:36:20:14. Right to petition for contested case hearing. The applicant or interested 

person may petition the board and obtain a contested case hearing to dispute the department's 

draft permit. Any other person may petition to intervene and request a hearing if the person has 

an interest affected by the department's draft permit. Such petitions must comply with the 

provisions of article 74:09 and be received by the department within 30 days after publication of 

the notice required by § 74:36:20:11.

The applicant or an interested person that comments on the draft permit may petition the 

board for and obtain a contested case hearing to dispute the department's final permit decision. 

Such petitions must comply with the provisions of article 74:09 and be received by the 

department within 30 days after receiving the department's final permit decision.

If the draft permit or the final permit decision is contested, the department shall present the 

draft permit or final permit decision to the board for action in accordance with article 74:09.
204

Source: 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6, 34A-1-21.

Law Implemented: SDCL 1-26-27, 1-26-29, 34A-1-21, 34A-1-30, 34A-1-34.

74:36:20:15. Contents of construction permit. A construction permit shall include the 

following:

(1) The signature of either the secretary or the chairman;

(2) The name of the person, company, political subdivision, agency, or institution granted 

a permit;

(3) The type of operation;

(4) The facility and mailing address;

(5) The date the construction permit was granted;

(6) A number for administrative reference;

(7) The timeline for submitting a timely and complete application for a minor source 

operating permit or Part 70 source operating permit;

(8) A statement granting a construction permit by the board or secretary and any 

conditions that the board or secretary may impose to ensure compliance with the act and the 

Clean Air Act;

(9) Emission limits and standards, including operational requirements and limits for all 

regulated emission units, necessary to ensure compliance with applicable requirements of the act 

and the Clean Air Act;
205

(10) Monitoring, recordkeeping, and reporting requirements necessary to determine 

compliance with the construction permit;

(11) A severability clause to ensure the continued validity of the various permit 

requirements if any portions of the permit are challenged; and

(12) Provisions stating the following:

(a) The permittee must comply with all conditions of the permit. Any permit 

noncompliance constitutes a violation and is grounds for enforcement action;

(b) The construction permit does not convey any property rights of any sort or any 

exclusive privilege; and

(c) The permittee shall provide any information, including records, requested in writing 

by the department to determine compliance.

Source: 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6, 34A-1-21.

Law Implemented: SDCL 34A-1-21, 34A-1-30.

CHAPTER 74:36:21

REGIONAL HAZE PROGRAM

Section
206

74:36:21:01 Applicability.

74:36:21:02 Definitions.

74:36:21:03 Existing stationary facility defined.

74:36:21:04 Visibility impact analysis.

74:36:21:05 BART determination.

74:36:21:06 BART determination for a BART-eligible coal-fired power plant.

74:36:21:07 Installation of controls based on visibility impact analysis or BART 

determination.

74:36:21:08 Operation and maintenance of controls.

74:36:21:09 Monitoring, recordkeeping, and reporting.

74:36:21:10 Permit to construct.

74:36:21:11 Permit required for BART determination.

74:36:21:12 Federal land manager notification and review.

74:36:21:02. Definitions. Unless otherwise specified, the terms used in this chapter mean:

(1) "Adverse impact on visibility," visibility impairment that interferes with the 

management, protection, preservation, or enjoyment of the visitor's visual experience of the 

mandatory Class I federal area. Adverse impact on visibility shall be based on a case-by-case 

basis taking into account the geographic extent, intensity, duration, frequency, and time of 

visibility impairment, and how these factors correlate with times of visitor use of a mandatory 

Class I federal area and the frequency and timing of natural conditions that reduce visibility;
207

(2) "BART," best available retrofit technology;

(3) "Best available retrofit technology" an emission limitation based on the degree of 

reduction achievable through the application of the best system of continuous emission reduction 

for each pollutant that is emitted by an existing stationary facility. The emission limitation must 

be established, on a case-by-case basis, taking into consideration the technology available, the 

costs of compliance, the energy and nonair quality environmental impacts of compliance, any 

pollution control equipment in use or in existence at the source, the remaining useful life of the 

source, and the degree of improvement in visibility that may reasonable be anticipated to result 

from the use of such technology;

(4) "BART-eligible source," an existing stationary facility;

(5) "Coal-fired power plant," any person, corporation, limited liability company, 

association, company, partnership, political subdivision, municipality, rural electric cooperative, 

consumers power district, or any group or combination acting as a unit, owning or holding under 

lease, or otherwise real property used, or intended for use, for the conversion of coal into electric 

power;

(6) "Contribute to adverse impact on visibility," a change in visibility impairment in a 

mandatory Class I federal area of five-tenths deciviews or more, based on a 24-hour average, 

above the average natural visibility baseline. A source exceeds the threshold if the 98th percentile 
208

(eighth highest value) of the modeling results, based on one year of the three years of 

meteorological data modeled, equals or exceeds five-tenths deciviews;

(7) "Major source," as defined in § 74:36:01:08(2) and (3);

(8) "Mandatory Class I federal area," any area identified in 40 C.F.R. § 81, Subpart D 

(July 1, 2009 July 1, 2012);

(9) "Visibility impairment," any human perceptible change in visibility such as light 

extinction, visual range, contrast, coloration, from that which would have existed under natural 

conditions;

(10) "30-day rolling average," expressed as pounds per million Btus and pounds per hour 

and calculated in accordance with the following procedures:

(a) Sum the total pounds of pollutant in question emitted from a unit during an 

operating day and the previous 29 operating days;

(b) Sum the total heat input to the unit in million Btus during the operating day and the 

previous 29 operating days;

(c) Sum the total hours the unit operated in hours during the day and the previous 29 

operating days;
209

(d) For pounds per million Btus, divide the total number of pounds of the pollutant 

emitted during the 30-day operating days by the total heat input during the 30-day operating 

days;

(e) For pounds per hour, divide the total number of pounds of the pollutant emitted 

during the 30-day operating days by the total hours operated during the 30-day operating days.

A new 30-day rolling average shall be calculated for each new operating day. Each 30-day 

rolling average shall represent all emissions, including emissions that occur during periods of 

startup, shut down, and malfunction; and

(11) "Operating day," a 24-hour period between 12 midnight and the following midnight 

during which any fuel is combusted at any time in the unit. It is not necessary for fuel to be 

combusted the entire 24-hour period.

Source: 37 SDR 111, effective December 7, 2010; 38 SDR 39, effective September 19, 

2011.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6.

74:36:21:04. Visibility impact analysis. The owner or operator of a new major source or 

modification to a major source shall demonstrate to the department that the potential to emit 
210

from the new major source or modification to a major source will not contribute to adverse 

impact on visibility in any mandatory Class I federal area. The demonstration shall be based on 

visibility models approved in 40 C.F.R. § 51, Subpart W (July 1, 2009 July 1, 2012).

Source: 37 SDR 111, effective December 7, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6.

74:36:21:05. BART determination. The owner or operator of a BART-eligible source 

that emits any air pollutant which may reasonably be anticipated to contribute to adverse impact 

on visibility in any mandatory Class I federal area shall submit a BART determination. The 

BART determination shall follow the procedures outlined in 40 C.F.R. § 51, Subpart Y July 1, 

2009 July 1, 2012) and must be based on an analysis of the best system of continuous emission 

control technology available and associated emission reductions achievable for each BARTeligible source. In this analysis, the BART determination must take into consideration the 

technology available, the costs of compliance, the energy and nonair quality environmental 

impacts of compliance, any pollution control equipment in use at the source, the remaining 

useful life of the source, and the degree of improvement in visibility that may reasonably be 

anticipated to result from the use of such technology. The BART determination shall be 

submitted within nine months after being notified by the department that the existing stationary 

source is reasonably anticipated to contribute to adverse impact on visibility in any mandatory 

Class I federal area.
211

Source: 37 SDR 111, effective December 7, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6.

74:36:21:09. Monitoring, recordkeeping, and reporting. The owner or operator 

required to install and operate controls established in a visibility impact analysis or BART 

determination shall conduct periodic monitoring, recordkeeping, and reporting. All sulfur 

dioxide and nitrogen oxides emissions from the BART-eligible source shall be routed to the main 

stack of a BART-eligible source. The owner or operator of a BART-eligible source shall install, 

certify, maintain, calibrate, and operate a continuous emission monitoring system for sulfur 

dioxide and nitrogen oxide in accordance with 40 C.F.R. Part 75 (July 1, 2009 July 1, 2012), 

except the recordkeeping and reporting requirements for the continuous emission monitoring 

systems shall be in accordance with 40 C.F.R. § 60.7 (July 1, 2009 July 1, 2012). Monitoring 

and related recordkeeping and reporting requirements for other air pollutants from a BARTeligible source or from a major source or modification of a major source shall consist of at least 

the following:

(1) All emissions monitoring and analysis procedures, alternative approved methods, or 

test methods required in determining compliance with §§ 74:36:21:04 and 74:36:21:06;

(2) As necessary, documentation of the use, maintenance, and if appropriate, installation 

of monitoring equipment or methods;
212

(3) Documentation of the following:

(a) The date, place, and time of sampling or measurements;

(b) The date or dates analyses were performed;

(c) The company or entity that performed the analyses;

(d) The analytical techniques or methods used;

(e) The results of such analyses; and

(f) The operating conditions as existing at the time of sampling or measurement;

(4) Recordkeeping and reporting requirements that comply with the following:

(a) Submission of reports of any required monitoring must occur at least every six 

months. Reports must clearly identify all exceedances with §§ 74:36:21:04 and 74:36:21:06. All 

required reports must be certified by a responsible official; and

(b) Exceedances of §§ 74:36:21:04 and 74:36:21:06, including those attributable to upset 

conditions. The probable cause of such exceedance and any corrective actions or preventive 

measures taken must be promptly reported and certified by a responsible official; and

(5) Requirements for retention of monitoring records and all supporting documentation for 

at least five years from the date of the monitoring sample, measurement, report, or application.
213

Source: 37 SDR 111, effective December 7, 2010; 38 SDR 39, effective September 19, 

2011.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6.
Excerpt of the Minutes of the 

Board of Minerals and Environment Meeting 

May 16,2013 

Conducted via the Digital Dakota Network 

Capitol Building 

Pierre, SD 

University Center 

Sioux Falls, SD. 

Northern State University 

Aberdeen, SD 

Dakota State University 

Madison, SD 

SD School of Mines and Technology 

Rapid City, SD 

Lake Area Technical Institute 

Watertown, SD 

University of South Dakota 

V errnillion, SD 

Black Hills State University 

Spearfish 

CALL TO ORDER: Chairman Sweetman called the meeting to order at 1:00 p.m. CDT. 

Secretary Linda Hilde declared that a quorum was present. 

BOARD MEMBERS PRESENT: Richard C. Sweetman, Glenn Blumhardt, Deriiiis- . 

Landguth, Doyle Karpen, Rex Hagg, Pete Bullene, Mike Day, Lee McCahren, and Linda 

Hilde. 

BOARD MEMBERS ABSENT: None. 

OTHERS PRESENT: See attached attendance sheets. 

PUBLIC HEARING TO CONSIDER AMENDMENTS TO THE AIR QUALITY 

REGULATIONS- ARSD 74:36: Chairman Sweetman opened the hearing at 1:10 p.m. 

The purpose of the hearing was to consider the adoption and amendment of proposed rules 

numbered: 

74:36:01- revise sections 74:36:01:01,74:36:01:05, and 74:36:01:20; 

74:36:02- revise sections 74:36:02:02 through 74:36:02:05; 

74:36:03 -revise entire chapter; 

74:36:04- revise sections 74:36:04:04,74:36:04:05,74:36:04:12,74:36:04:13,74:36:04:14, and 

74:36:04:15; 
74:36:05- revise sections 74:36:05:04, 74:36:05:06, 74:36:05:07, 74:36:05:16.01, 

74:36:05:20.01, and 74:36:05:20.02; 

74:36:07- revise sections 74:36:07:01 through 74:36:07:07.01, 74:36:07:09,74:36:07:10, 

74:36:07:12 through 74:36:07:28,74:36:07:31 through 74:36:07:34,74:36:07:36, 74:36:07:37, 

74:36:07:39 through 74:36:07:90; and adding sections 74:36:07:91 and 74:36:07:92; 

74:36:08- revise sections 74:36:08:01through 74:36:08:121 and add sections 74:36:08:122 

through 74:36:08:130; 

74:36:09- revise sections 74:36:09:02 and 74:36:09:03; 

74:36:10- revise sections 74:36:10:02,74:36:10:03.01,74:36:10:05 through 74:36:10:08, and 

·repeal sections 74:36:10:09 and 74:36:10:10; 

74:36:11-revise section 74:36:11:01; 

74:36:12- revise sections 74:36:12:01 through 74:36:12:03; 

74:36:13 -revise sections 74:36:13:02 through 74:36:13:04, and 74:36:13:06 through 

74:36:13:08; 

74:36:16- revise sections 74:36:16:01, 74:36:16:02, 74:36:16:04, and 74:36:16:05; 

74:36:18- revise sections 74:36:18:04 through 74:36:18:06, and 74:36:18:10 through 

74:36:18:12); 

74:36:20- revise sections 74:36:20:05, 74:36:20:11, and 74:36:20:13 through 74:36:20:15; and 

74:36:21- revise sections 74:36:21:02,74:36:21:04,74:36:21:05, and 74:36:21:09. 

The effect of the proposed amendments will be to adopt revisions to federal regulations, adopt 

any standards that have not been previously adopted, and to revise certain obsolete and 

unnecessary statutes and rules. 

By adopting the proposed amendments South Dakota's air pollution control program rules will 

continue to comply with the federal regulations, and to allow South Dakota to maintain approval 

of its air quality program. 

Marlys Heidt, DENR Air Quality Program, reported that in April2013, which was prior to 

public notice, the proposed amendments and additions were sent to several entities, including 

industry, environmental groups, and other interested parties, for review and comment. The 

only comments submitted were from Ottertail Power in favor of the proposed amendments. 
Notice of the public hearing was published in the Aberdeen, Brookings, Huron, Madison, 

Mitchell, Pierre, Rapid City, Sioux Falls, Spearfish, Watertown, and Yankton daily 

newspapers. Affidavits of Publication are filed at DENR. 

Notice of the public hearing was posted on DENR's website and sent to the department's 

interested parties mailing list, which includes environmental groups, industry and other 

interested parties. 

No written comments were submitted as a result of the public notice. 

The proposed rules were sent to the Bureau of Finance and Management and to the Legislative 

Research Council (LRC). LRC reviewed and approved the proposed amendments for form, 

style, and legality. LRC's changes were incorporated into the final version of the proposed rules. 

Ms. Heidt discussed the following proposed amendments and additions to the rules. 

Changed reference date of July 1, 2009 to July 1, 2012 in Chapters 74:36:01 through 74:36:05, 

74:36:07 through 74:36:13, 74:36:16, 74:36:18, 74:36:20 and 74:36:21. 

On March 12,2013, the Governor of South Dakota signed H.B. 1059, which repeals and revises 

certain obsolete and unnecessary statutes and rules relating to the Department of Environment 

and Natural Resources. This Act repealed the authority associated with "variances". Changes 

are proposed to delete the reference to the "variance" state authority from the regulations. These 

changes may be observed in the following sections: 74:36:01:01(27), 74:36:01 :01(38), and 

74:36:01 :01(66). 

On June 24, 2005, the United States Court of Appeals for the District of Columbia Circuit 

vacated EPA's inclusion of clean unit and pollution control project regulations from the 

prevention of significant deterioration program. In 2007, EPA removed these requirements from 

the federal regulations. Changes are proposed to revise South Dakota's SIP to remove references 

to clean units and pollution control projects. These changes may be observed in section 74:36:09 

and 74:36:10. 

Ms. Heidt pointed ~~at a correction was made in 74:36:08:16- National Emission Standards for 

Tanks. Standards for tanks -level2 are those in 40 CFR § 63 Subpart WW (not Subpart 00). 

The following new sections are proposed: 

74:36:07:91 -Standards of Performance for nitric acid plants, and 

74:36:07:92- Standards of Performance for sewage sludge incineration units 

No sources are currently subject to these standards. Ms. Heidt noted that the department wants 

to be proactive instead of reactive. 
74:36:08:122 through 74:36:08:130- National Emission Staodards for Hazardous Air 

Pollutaots 

74:36:08:122- National emission staodards for coal- aod oil-fired electric utility steam 

generating units 

74:36:08:122- National emission staodards for coal- aod oil-fired electric utility steam 

generating units. Ms. Heidt noted that this staodard is applicable to Otter Tail Power 

Compaoy (Big Stone Plaot). · 

74:36:08:123- National emission staodards for industrial, commercial, aod institutional 

boilers area sources. This staodard may be applicable to Black Hills VA Health Care 

System, Spearfish Forest Products, aod 3M Compaoy. 

74:36:08:128- National emission staodards for prepared feeds maoufacturing area 

sources. This staodard may be applicable to Laod O'Lakes Purina Feed LLC, aod 

Hubbard Feeds, Inc. 

74:36:08:129- National emission staodards for gold mine ore processing aod production 

area sources. This staodard is applicable to Wharf Resources (USA) Inc. 

Ms. Heidt pointed out chaoges made by the Legislative Research Council. 

Following her presentation, Ms. Heidt aod Kyrik Rombough aoswered questions. 

Chairmao Sweetrnao requested public comment. No one from the public offered comments 

either for or against the proposed a.nlendments. 

Motion by Day, seconded by Blurnhardt, to adopt amendments to ARSD 74:36, Air Quality 

Regulations, as presented. A roll call vote was taken aod the motion carried unaoimously. 

Chairmao Sweetrnao closed the hearing at 1:35 p.m. 
ATTENDANCE SHEET 

BOARD OF MINERALS AND ENVIRONMENT MEETING 

NAME (PLEASE PRINT) 

CONDUCTED VIA THE DIGITAL DAKOTA NETWORK 

MAY 16,2013 

NORTHERN STATE UNIVERSITY 

ABERDEEN 

ADDRESS REPRESENTING 
ATTENDANCE SHEET 

BOARD OF MINERALS AND ENVIRONMENT MEETING 

CONDUCTED VIA THE DIGITAL DAKOTA NETWORK 

NAME (PLEASE PRINT) 

L ,j nda ft/ Ide 

MAY 16,2013 

DAKOTA STATE UNIVERSITY 

MADISON 

ADDRESS REPRESENTING 
ATTENDANCE SHEET 

BOARD OF MINERALS AND ENVIRONMENT MEETING 

CONDUCTED VIA THE DIGITAL DAKOTA NETWORK 

MAY 16,2013 

STATE CAPITOL BUILDING 

PIERRE 

NAME (PLEASE PRINT) ADDRESS REPRESENTING 

1\f\ 0. d~ 6 1-\.-e.-i J+ 

J< ¥ r ;\( Rc""'b"'%;""-

Dr--ef Grcwf~ · 

E ,L ~ c {'-{o ftrt 

!11 'IL-e Gepcd. 

¥o0 r\-e-v~ 

DEtvlZ 

• 

{ \ 
1. 

ATTENDANCE SHEET 

BOARD OF MINERALS AND ENVIRONMENT MEETING 

CONDUCTED VIA THE DIGITAL DAKOTA NETWORK 

MAY16,2013 

SOUTHDAKOTASCHOOLOFMINESANDTECHNOLOGY 

RAPID CITY 

NAME (PLEASE PRINl) ADDRESS 

3?. 2-5" r::-1 •""'-+ D ... ) ~c.. I &' \) 

hrRI'/"RP~ 

REPRESENTING 

Jo"-.'l:t/Y\. £~; i f1N\~ Cmt.afis 

~~ 
ATIENDANCE SHEET 

BOARDOFMllffiRALSANDENV~ONMENTMEETING 

NAME (PLEASE PRINT) 

Lee MCGJtren 

boy ( e kn rpe1A 

CONDUCTED VIA THE DIGITAL DAKOTA NETWORK 

MAY16,2013 

UNIVERSITY OF SOUTH DAKOTA 

VERMILLION 

ADDRESS REPRESENTING 
ATTENDANCE SHEET 

BOARD OF MINERALS AND ENVIRONMENT MEETING 

NAME (PLEASE PRINT) 

CONDUCTED VIA THE DIGITAL DAKOTA NETWORK 

MAY 16,2013 

UNIVERSITY OF SOUlli DAKOTA 

VERMILLION 

ADDRESS REPRESENTING 
L•lative 

Reteareh s-&~ Coueil 

Sen. Ryan Maher, Chair 

Rep. Lance Carson, Vice Chair 

RECEIVED 

MAY 21 2013 

AIR QUALITY 

PROGRAM 

James Fry, Director 

Doug Decker, Code Counsel May 20,2013 

TO£ Rules Contacts 

FROM: Doug Decker, Code Counsel ~ 

RE: Interim Rules Review Committee Meeting-June 4, 2013 

Your agency has been scheduled to present rules at the next Interim Rules Review Committee meeting 

(see the enclosed agenda). The agency must have a representative present at this meeting to explain the 

rules, give background information, or answer any questions from the committee. 

Each agency must serve a copy of the rules and other information on the committee members at 

least five days before the meeting. Please review the "Directions for Submitting the Final Draft". The 

five-day requirement should be considered the minimum time allowed for service of the rules before 

the meeting. The committee members will use the copy of the rules that is served on the committee as 

part of the rule adoption process according to SDCL 1-26-4 (9) to prepare for the meeting. The service 

of the rules must be done with enough time between the service of the rules and the meeting to allow 

the committee members time to review the rules prior to the meeting. A committee member who has 

not received the rules in tinie to review the rules before the meeting may vote to reject the agency's 

rules. Please note that Form 12 (AFFIDAVIT) has been updated and is available on the LRC 

website. 

Thank you for your cooperation in this matter. This procedure will expedite the presentation of your 

rules before the committee and give the committee members access to the most recent version of your 

rules. 

DD:ks 

Enclosure: Agenda 

State Capitol, 500 East Capitol, Pierre, SO 57501-5070 

6051773~3251 -Fa..,. 6051773=4576 

http://legis.state.sd.us 
Legislative 

Research 

Coun~n 

RULES REVIEW COMMITTEE 

AGENDA 

Representative Timothy Johns, Chair 

Senator Mike Vehle, Vice Chair 

Three hundred thirty-second meeting 

Tuesday 

Room413 

State Capitol 

June 4, 2013 Pierre, South Dakota 

Agencies are asked to have a representative present at the meeting 

to give background infOrmation on their rules. 

10:00 am CDT Call to order, roll call, approval of minutes, and staff report 

Review of proposed rules 

Representative Johns 

Department of Education: Board of Education - Amend a rule to increase fees for 

teachers who apply for initial or for renewing a teacher certificate. 

Senator Buhl O'Donnell 

Department of Labor and Regulation: Division of Insurance - Amend rules to update 

the general authority; repeal rules; update the website listed; update the sources 

referenced; and change the name of a reference. 

Department of Revenue: South Dakota Lottery Commission - Amend Video Lottery 

Requirements rules to eliminate the bet to award ratio for video lottery game play and 

cap the maximum award allowed per bet at one thousand dollars; and provide 

definitions in rule for distributors, manufacturers, and operators. 

Representative Gibson 

Department of Environment and Natural Resources: Board of Minerals and 

Environment- Amend Air Pollution Control Program rules to adopt revisions to federal 

regulations and to revise certain obsolete and unnecessary statutes and rules. 

Deoartment of Socia! Services: Divisions of Economic Assistance and Medical Services 

- Amend rules to update references to accurately identify t.l-te Department of Labor and 

Regulation, remove outdated references, remove specific dollar amounts for allowances 
and benefits, repeal obsolete provJswns, update chapters to which the cpt 2103, 

Physicians' Current Procedural Terminology applies, and allow annual billing for 

certain services provided by chiropractic providers. 

Department of Social Services: Division of Child Care Services - Amend rules to 

combine material related to group family day care homes and licensed day care 

programs into one chapter, repeal obsolete and unnecessary provisions, update 

terminology, internal references, and definitions, outline the qualifications for substitute 

providers, specify that helpers must complete CPR training before being left alone to 

supervise children, specify water temperature requirements for licensed homes/facilities, 

remove specific temperature requirements, update discipline principles, clarify railing 

and barrier standards, abbreviate cleaning/sanitizing, food supply, hand washing and 

garbage/refuse requirements, clarify orientation and training topics and standards, 

specify fire drill requirements for before and after school care programs, adjust egress 

window standards, specify additional requirements for medication administration, 

outline scope of services for child care programs, update requirements and standards for 

family day care homes, licensed day care programs, and before and after school care 

programs. 

Department of Social Services: Division of Child Protection Services -Amend rules to 

remove all material related to child care services, repeal obsolete and unnecessary 

provisions, update terminology and definitions, update internal references, specify water 

temperature requirements for licensed homes/facilities, require carbon monoxide 

detectors in foster homes, update discipline principles for foster parents, clarify railing 

and barrier standards in foster homes, specify the length of stay allowed in a shelter care 

facility, outline orientation and training topics and standards, adjust training hour 

requirements, update physical examination requirements for children in care, allow 

certain licensed social work associates to provide face-to-face assessments, outline 

emergency safety intervention standards, adjust written care plan timeline requirements 

for child placement agencies, update requirements and standards for family foster 

homes, group care centers for minors, residential treatment centers, child placement 

agencies, independent living preparation programs, and intensive residential treatment 

centers. 

Representative Hajek 

' Department of Labor and Regulation: Division of Labor and Management - Amend 

rules to revise the workers compensation fee schedule. 

Department of Labor and Regulation: South Dakota Board of Accountancy - Amend 

rules to update references and specify the new firm fee structure. 

Secretary of State: Board of Finance - Amend rules to require that a request for a 

moving allowance, including reimbursement of travel expenses, be submitted to the 

board for approval or disapproval before a moving allowance is authorized. 

2 
Senator Hunhoff 

Governor's Office of Economic Development: Board of Economic Development -

Adopt rules to implement and allow for payments under the Reinvestment Payment 

Program; implement and allow for payments under the Economic Development 

Partnership Program; implement and allow for payments under the Local Infrastructure 

Improvement Grant Program; and implement and allow for payments under the South 

Dakota Jobs Grant Program. 

Department of Health: South Dakota Board of Examiners of Speech-Language 

Pathology - Adopt rules to establish guidelines for the licensure of Speech-Language 

Pathologists. 

1:30pm Adjourn 

*Breaks will be at the call of the chair. 

NOTE: A copy of the proposed rules being reviewed at the meeting may be obtained without charge by 

contacting the department, board, or commission. 

Members: Senators Angie Buhl O'Donnell, Jean M. Hunhoff, and Mike Yehle; and Representatives Peggy Gibson, Anne 

Hajek, and Timothy Johns. 

NOTE: Individuals needing assistance, pursuant to the Americans with Disabilities Act, should contact the Legislative 

Research Council (6051773-3251) in advance of the meeting to make any necessary arrangements. 

.. AI All Legislative Research Council committee minutes and agendas are available on the South Dakota Legislature's Hornepage 

(http:lllegis.state.sd.us). Subscribe to receive electronic notification of meeting schedules and the availability of agendas and 

minutes at MyLRC (http://legis.state.sd.us/mvlrc/index.aspx). 

3 
IN THE MATTER OF THE 

PROMULGATION OF 

ADMINISTRATIVE RULES 

AFFIDAVIT 

I, Marlys Heidt, certify that on May 22, 2013, I sent by U.S. mail and electronic mail a correct 

copy of the following documents adopted by the Board of Minerals and Environment on May 16, 

2013: 

1) The minutes of the public hearing; 

2) The small business impact statement; 

3) The fiscal note; and 

4) The rules adopted: 

Revised Sections in chapters 74:36:01, 74:36:02, 74:36:03, 74:36:04, 74:36:05, 74:36:07, 

74:36:08,74:36,:09,74:36:10,74:36:11,74:36:12,74:36:13,74:36:16,74:36:18, 

74:36:20, and 74:36:21; 

New Sections 74:36:07:91,74:36:07:92,74:36:08:122, 74:36:08:123, 74:36:08:124, 

74:36:08:125,74:36:08:126, 74:36:08:127,74:36:08:128,74:36:08:129, and 

74:36:08: 130; 

Repealed Sections 74:36:10:09 and 74:36:10:10 

! These documents were sent to the Interim Rules Review Committee members at their respective 

electronic mail addresses listed below: 

State Representative Peggy Gibson 

peggygibson@hotrnail.com 

State Representative Anne Hajek 

annehajek@gmail.com 

State Senator Angie Buhl 

Angie.buhl@gmail.com 

State Senator Mike Vehle 

mvehle@mit.midco.net 

and to the following members at their respective U.S. mail addresses listed below: 

The Honorable Peggy Gibson 

State Representative 

1010 Valley View Court 

Huron, SD 57350-4221 

The Honorable Anne Hajek 

State Representative 

P.O. Box 1779 

Sioux Falls, SD 57101-1779 

The Honorable Jean M. Hunhoff 

State Senator 

2511 Mulligan Drive 

Yankton, SD 57078 

The Honorable Mike V ehle 

State Senator 

132 N. Harmon Drive 

Mitchell, SD 57301 
The Honorable Timothy Johns 

State Representative 

203 W. Main St. 

Lead, SD 57754 

Subscribed and sworn to before me this dJ;:;> day of May, 20 13. 

~ode~ otary Pubhc - South Dakota 

(Seal) 

My Commission expires: 

BRENDA ANDERSON, Notary Public 

My Commission Expires 

Oclober26,2016 
Heidt, Marlys 

From: 

Sent: 

To: 

Subject: 

Attachments: 

MEMO TO: 

FROM: 

SUBJECT: 

Heidt, Marlys 

Wednesday, May 22, 2013 4:16PM 

'Angie.buhl@gmail.com' 

Air Pollution Control Program Rule Revisions 

Rule revisions_irc change_20130516 (nw).pdf; BME Minutes_20130516.pdf; Small 

Business Impact. pdf; Fiscal Note. pdf 

May22, 2013 

The Honorable Angie Buhl 

State Senator 

Marlys Heidt, Engineer III 

Air Quality Program 

Amendments to ARSD 74:36- Air Pollution Control Program 

A copy of the following documents is attached: 

I. Revisions to the Administrative Rules of South Dakota, Article 74:36 ~Air Pollution 

Control Program, adopted by the Board of Minerals and Environment on May 16, 2013; 

2. Minutes of the public hearing; 

3. Small Business Impact Statement; and 

4. Fiscal Note 

Except for the Legislative Research Council's comments on form and style, the Department of 

Environment and Natural Resources did not receive written comments on the revisions during 

the public comment period. If you have any questions, please contact me at (605) 773-3151. 

1 
May22, 2013 

The Honorable Peggy Gibson 

State Representative 

1010 Valley View Court 

Huron, SD 57350-4221 

Dear Representative Gibson: 

Please find enclosed a copy oftbe following documents: 

DEPARTMENT of ENVIRONMENT 

and NATURAL RESOURCES 

PMB 2020 

JOE FOSS BUILDING 

523 EAST CAPITOl 

PIERRE, SOUTH DAKOTA 57501-3182 

denr.sd.gov 

1. Revisions to tbe Administrative Rules ofSoutb Dakota, Article 74:36- Air Pollution Control 

Program, adopted by tbe Board of Minerals and Environment on May 16, 2013; 

2. Minutes of the public hearing; 

3. Small Business Impact Statement; and 

4. Fiscal Note 

Except for the Legislative Research Council comments on form and style, tbe Department of 

Environment and Natural Resources did not receive written comments on the revisions during tbe 

public comment period. If you have any questions, please contact me at (605) 773-3151. 

Sincerely, 

Marlys Heidt 

Engineer III 

Air Quality Program 

Enclosures 
Heidt, Marlys 

From: 

Sent: 

To: 

Subject: 

Attachments: 

MEMO TO: 

FROM: 

SUBJECT: 

Heidt Marlys 

Wednesday, May 22, 2013 4:04 PM 

'peggygibson@hotmail.com' 

Air Pollution Control Program Rule Revisions 

Rule revisions _Ire change_20130516 (nw).pdf; BME Minutes_20130516.pdf; Small 

Business Impact. pdf; Fiscal Note.pdf 

May 22,2013 

The Honorable Peggy Gibson 

State Representative 

Marlys Heidt, Engineer III 

Air Quality Program 

Amendments to ARSD 74:36- Air Pollution Control Program 

A copy of the following documents is attached: 

1. Revisions to the Administrative Rules of South Dako~ Article 74:36- Air Pollution 

Control Program, adopted by the Board of Minerals and Environment on May 16, 2013; 

2. Minutes of the public hearing; 

3. Small Business Impact Statement; and 

4. Fiscal Note 

Except for the Legislative Research Council's comments on form and style, the Department of 

Environment and Natural Resources did not receive written comments on the revisions during 

the public comment period. If you have any questions, please contact me at ( 605) 773-3151. 

1 
May22, 2013 

The Honorable Anne Hajek 

State Representative 

P.O. Box 1779 

Sioux Falls, SD 57101-1779 

Dear Representative Hajek: 

Please find enclosed a copy of the following documents: 

DEPARTMENT of ENVIRONMENT 

and NATURAL RESOURCES 

PMB 2020 

JOE FOSS BUILDING 

523 EAST CAPITOL 

PIERRE, SOUTH DAKOTA 57501-3182 

denr.sd.gov 

I. Revisions to the Administrative Rules of South Dakota, Article 74:36- Air Pollution Control 

Program, adopted by the Board of Minerals and Environment on May 16, 2013; -

2. Minutes of the public hearing; 

3. Small Business Impact Statement; and 

4., Fiscal Note 

Except for the Legislative Research Council comments on form and style, the Department of 

Environment and Natural Resources did not receive written comments on the revisions during the 

public comment period. If you have any questions, please contact me at (605) 773-3151. 

Sincerely, 

Marlys Heidt 

Engineer III 

Air Quality Program 

Enclosures 
Heidt. Marlys 

From: 

Sent: 

To: 

Subject: 

Attachments: 

MEMO TO: 

FROM: 

SUBJECT: 

Heidt, Marlys 

Wednesday, May 22, 2013 4:10PM 

'annehajek@gmail.com' 

Air Pollution Control Program Rule Revisions 

Rule revisions_lrc change_20130516 (nw).pdf; BME Minutes_20130516.pdf; Small 

Business Impact.pdf; Fiscal Note. pdf 

May 22,2013 

The Honorable Anne Hajek 

State Representative 

Marlys Heidt, Engineer III 

Air Quality Program 

Amendments to ARSD 74:36 -Air Pollution Control Program 

A copy of the following documents is attached:. 

1. Revisions to the Administrative Ru1es of South Dakota, Article 74:36- Air Pollution 

Control Program, adopted by the Board of Minerals and Environment on May 16, 2013; 

2. Minutes of the public hearing; 

3. Small Business Impact Statement; and 

4. Fiscal Note 

Except for the Legislative Research Council's comments on form and style, the Department of 

Environment and Natural Resources did not receive written comments on the revisions during 

the public comment period. If you have any questions, please contact me at (605) 773-3151. 

1 
May22, 2013 

The Honorable Mike Yehle 

State Senator 

132 N. Harmon Drive 

Mitchell, SD 57301 

Dear Senator V ehle: 

Please find enclosed a copy of the following documents: 

DEPARTMENT of ENVIRONMENT 

and NATURAL RESOURCES 

PMB 2020 

JOE FOSS BUILDING 

523 EAST CAPITOL 

PIERRE, SOUTH DAKOTA 57501-3182 

denr.sd.gov 

1. Revisions to the Administrative Rules of South Dakota, Article 74:36- Air Pollution Control 

Program, adopted by the Board of Minerals and Environment on May 16, 2013; 

· 2. Minutes of the public hearing; 

3. Small Business Impact Statement; and 

4. Fiscal Note 

Except for the Legislative Research Council comments on form and style, the Department of 

Environment and Natural Resources did not receive written comments on the revisions during the 

public comment period. If you have any questions, please contact me at ( 605) 773-3151. 

Sincerely, 

Marlys Heidt 

Engineer III 

Air Quality Program 

Enclosures 
Heidt, Marlys 

From: 

Sent: 

To: 

Subject: 

Attachments: 

MEMO TO: 

FROM: 

SUBJECT: 

Heidt, Marlys 

Wednesday, May 22, 2013 4:21PM 

'mvehle@mit.midco.net' 

Air Pollution Control Program Rule Revisions 

Rule revisions_lrc change_20130516 (nw).pdf; BME Minutes_20130516.pdf; Small 

Business Impact. pdf; Fiscal Note. pdf 

May22, 2013 

The Honorable Mike Yehle 

State Senator 

Marlys Heidt, Engineer III 

Air Quality Program 

Amendments to ARSD 74:36- Air Pollution Control Program 

A copy of the following documents is attached: 

I. Revisions to the Administrative Rules of South Dakota, Article 74:36- Air Pollution 

Control Program, adopted by the Board of Minerals and Environment on May 16, 2013; 

2. Minutes of the public hearing; 

3. Small Business Impact Statement; and 

4. Fiscal Note 

Except for the Legislative Research Council's comments on form and style, the Department of 

Environment and Natural Resources did not receive written comments on the revisions during 

the public comment period. If you have any questions, please contact me at (605) 773-3151. 

1 
May22,2013 

The Honorable Timothy Johns 

State Representative 

203 W. Main St. 

Lead, SD 57754 

Dear Representative Johns: 

Please find enclosed a copy of the following documents: 

DEPARTMENT of EIIIVIROI\IMENT 

and NATURAL RESOURCES 

PMB 2020 

JOE FOSS BUILDING 

523 EAST CAPITOL 

PIERRE, SOUTH DAKOTA 57501-3182 

denr.sd.gov 

1. Revisions to the Administrative Rules of South Dakota, Article 74:36-Air Pollution Control 

Program, adopted by the Board of Minerals and Environment on May 16, 2013; 

2. Minutes of the public hearing; 

3. Small Business Impact Statement; and 

4. Fiscal Note 

Except for the Legislative Research Council comments on form and style, the Department of 

Environment and Natural Resources did not receive written comments on the revisions during the 

public comment period. If you have any questions, please contact me at (605) 773-3151. 

Sincerely, 

Marlys Heidt 

Engineer III 

Air Quality Program 

Enclosures 
May22,2013 

The Honorable Jean M. Hunhoff 

State Senator 

2511 Mulligan Drive 

Yankton, SD 57078 

Dear Senator Hunhoff: 

Please find enclosed a copy of the following documents: 

DEPARTMENT of EIIIVII!Ol\!MEI\IT 

and f~ATUI!Al RESOURCES 

PMB 2020 

JOE FOSS BUILDING 

523 EAST CAPITOL 

PIERRE, SOUTH DAKOTA 57501-3182 

denr.sd.gov 

I. Revisions to the Administrative Rules of South Dakota, Article 74:36- Air Pollution Control 

Program, adopted by the Board of Minerals and Environment on May 16, 2013; 

2. Minutes of the public hearing; 

3. Small Business Impact Statement; and 

4. Fiscal Note · 

Except for the Legislative Research Council comments on form and style, the Department of 

Environment and Natural Resources did not receive written comments on the revisions during the 

public comment period. If you have any questions, please contact me at (605) 773-3151. 

Sincerely, 

Marlys Heidt 

Engineer III 

Air Quality Program 

Enclosures 
May 22, 2013

MEMO TO: Doug Decker

Code Counsel

Legislative Research Council

FROM: Marlys Heidt, Engineer III

Air Quality Program

SUBJECT: Final Draft of Amendments to ARSD 74:36 - Air Pollution Control 

Program

______________________________________________________________________________

I have enclosed a packet pertaining to the final draft of the amendments to ARSD 74:36 – Air 

Pollution Control: 

The enclosed packet contains the following documents:

 The edited copy of the first draft of the amendments;

 A copy of the final draft;

 The original form #11, which contains the signatures of a majority of the members of the Board 

of Minerals and Environment; 

 A copy of the affidavit of the mailing to the Rules Committee members;

 A copy of the letters submitted to the Rules Committee members;

 A copy of the minutes for the May 16, 2013, Board of Minerals and Environment meeting. 

If you have any concerns or questions, please contact me at (605) 773-3151. 
Legislative 

Research 

Council 

RULES REVIEW COMMITTEE 

MINUTES 

SoutbDakota 

Three hundred thirty-second meeting 

Tuesday 

June 4, 2013 

Room 413 

State Capitol 

Pierre, South Dakota 

The three hundred thirty-second meeting of the Rules Review Committee was called to order 

by Chair Representative Timothy Johns at 10:00 a.m. CDT, on June 4, 2013, in Room 413 at 

the State Capitol, Pierre, South Dakota. 

A quorum was determined with the following members answering the roll call: Senators Angie 

Buhl O'Donnell and Mike Vehle (Vice Chair); and Representatives Peggy Gibson, Anne 

Hajek and Timothy Johns (Chair). Senator Jean Hunhoff was excused. Staff members 

present were Doug Decker, Code Counsel, and Kris Schneider, Senior Legislative Secretary. 

All material distributed at the meeting is attached to the original minutes on file in the 

Legislative Research Council (LRC). For the purpose of continuity, these minutes are not 

necessarily in chronological order. This meeting was recorded by South Dakota Public 

Broadcasting. The archived recording is available at the LRC website at 

http://legis.state.sd.us under "Interim Information -Minutes and Agendas." 

Approval of Minutes 

·Representative Hajek moved, seconded by Representative Gibson, that the minutes of the 

May 20, 2013, meeting be approved. Motion prevailed on a voice vote. 

Rules Reviewed 

Department of Education: Board of Education - Amend a rule to increase fees for 

teachers who apply for initial or for renewing a teacher certificate. 

Ms. Tami Darnall and Ms. Carla Leingang reviewed the proposed rule. 

Senator Vehle moved, seconded by Senator Buhl O'Donnell, that the review of the rule 

proposed by the Department of Education: Board of Education is complete. Motion prevailed 

on a roll call vote with 5 ayes, 1 excused. Members voting aye: Buhl O'Donnell, Gibson, 

Hajek, Johns, and Vehle. Member excused: Hunhoff. 

Department of Labor and Regulation: Division of Insurance- Amend rules to update the 

general authority; repeal rules; update the website listed; update the sources referenced; and 

change the name of a reference. 

Ms. Mallori Barnett reviewed the proposed rules. 
Rules Review Committee 

June 4, 2013 

Page 2 of 5 

Representative Gibson moved, seconded by Representative Hajek, that the review of the 

rules proposed by the Department of Labor and Regulation: Division of Insurance is 

complete. Motion prevailed on a roll call vote with 5 ayes, 1 excused. Members voting aye: 

Buhl O'Donnell, Gibson, Hajek, Johns, and Vehle. Member excused: Hunhoff. 

Department of Revenue: South Dakota Lottery Commission - Amend Video Lottery 

Requirements rules to eliminate the bet to award ratio for video lottery game play and cap the 

maximum award allowed per bet at one thousand dollars; and provide definitions in rule for 

distributors, manufacturers, and operators. 

Mr. Norm Lingle, Pierre, Executive Director of the South Dakota Lottery Commission, 

reviewed the proposed rules. 

Representative Hajek moved, seconded by Representative Gibson, that the review of the 

rules proposed by the Department of Revenue: South Dakota Lottery Commission is 

complete. Motion prevailed on a roll call vote with 5 ayes, 1 excused. Members voting aye: 

Buhl O'Donnell, Gibson, Hajek, Johns, and Vehle. Member excused: Hunhoff. 

Department of Environment and Natural Resources: Board of Minerals and 

Environment - Amend Air Pollution Control Program rules to adopt revisions to federal 

regulations and to revise certain obsolete and unnecessary statutes and rules. 

Mr. Kyrik Rombough reviewed the proposed rules. 

Representative Johns moved, seconded by Senator Buhl O'Donnell, that the review of the 

rules proposed by the Department of Environment and Natural Resources: Board of Minerals 

and Environment is complete. Motion prevailed on a roll call vote with 5 ayes, 1 excused. 

Members voting aye: Buhl O'Donnell, Gibson, Hajek, Johns, and Vehle. Member excused: 

Hunhoff. 

Department of Social Services: Divisions of Economic Assistance and Medical 

Services -Amend rules to update references to accurately identify the Department of Labor 

and Regulation, remove outdated references, remove specific dollar amounts for allowances 

and benefits, repeal obsolete provisions, update chapters to which the cpt 2013, Physicians' 

Current Procedural Terminology applies, and allow annual, billing for certain services 

provided by chiropractic providers. 

Ms. Laura Ringling and Ms. Judy Toelle reviewed the proposed rules. 

Representative Johns moved, seconded by Senator Buhl O'Donnell, that the review of the 

rules proposed by the Department of Social Services: Divisions of Economic Assistance and 

Medical Services is complete. Motion prevailed on a roll call vote with 5 ayes, 1 excused. 

Members voting aye: Buhl O'Donnell, Gibson, Hajek, Johns, and Vehle. Member excused: 

Hun hoff 
Rules Review Committee 

June 4, 2013 

Page 3 of 5 

Department of Social Services: Division of Child Care Services - Amend rules to 

combine material related to group family day care homes and licensed day care programs 

into one chapter, repeal obsolete and unnecessary provisions, update terminology, internal 

references, and definitions, outline the qualifications for substitute providers, specify that 

helpers must complete CPR training before being left alone to supervise children, specify 

water temperature requirements for licensed homes/facilities, remove specific temperature 

requirements, update discipline principles, clarify railing and barrier standards, abbreviate 

cleaning/sanitizing, food supply, hand washing and garbage/refuse requirements, clarify 

orientation and training topics and standards, specify fire drill requirements for before and 

after school care programs, adjust egress window standards, specify additional requirements 

for medication administration, outline scope of services for child care programs, update 

requirements and standards for family day care homes, licensed day care programs, and 

before and after school care programs. 

Ms. Ringling and Ms. Pat Monson reviewed the proposed rules. 

Representative Hajek moved, seconded by Senator Vehle, that the review of the rules 

proposed by the Department of Social Services: Division of Child Care Services is complete. 

Motion prevailed on a roll call vote with 5 ayes, 1 excused. Members voting aye: Buhl 

O'Donnell, Gibson, Hajek, Johns, and Vehle. Member excused: Hunhoff. 

Department of Social Services: Division of Child Protection Services - Amend rules to 

remove all material related to child care services, repeal obsolete and unnecessary 

provisions, update terminology and definitions, update internal references, specify water 

temperature requirements for licensed homes/facilities, require carbon monoxide detectors in 

foster homes, update discipline principles for foster parents, clarify railing and barrier 

standards in foster homes, specify the length of stay allowed in a shelter care facility, outline 

orientation and training topics and standards, adjust training hour requirements, update 

physical examination requirements for children in care, allow certain licensed social work 

associates to provide face-to-face assessments, outline emergency safety intervention 

standards, adjust written care plan timeline requirements for child placement agencies, 

update requirements and standards for family foster homes, group care centers for minors, 

residential treatment centers, child placement agencies, independent living preparation 

programs, and intensive residential treatment centers. 

Ms. Ringling and Ms. Virgena Wieseler reviewed the proposed rules. 

Public Testimony 

Mr. Doug Herrmann, Rapid City, representing the Department of Corrections, spoke in 

support of the proposed rule changes. 

Senator Vehle moved, seconded by Representative Johns, that the review of the rules 

proposed by the Department of Social Services: Division of Child Protection Services is 

complete. Motion prevailed on a roll cail vote with 5 ayes, 1 excused. Members voting aye: 

Buhl O'Donnell, Gibson, Hajek, Johns, and Vehle. Member excused: Hunhoff. 
Rules Review Committee 

June 4, 2013 

Page 4 of 5 

Department of Labor and Regulation: Division of Labor and Management- Amend rules 

to revise the workers compensation fee schedule. 

Mr. James Marsh reviewed the proposed rules. 

Representative Gibson moved, seconded by Representative Johns, that the review of the 

rules proposed by the Department of Labor and Regulation: Division of Labor and 

Management is complete. Motion prevailed on a roll call vote with 5 ayes, 1 excused. 

Members voting aye: Buhl O'Donnell, Gibson, Hajek, Johns, and Vehle. Member excused: 

Hun hoff. 

Department of Labor and Regulation: South Dakota Board of Accountancy - Amend 

rules to update references and specify the new firm fee structure. 

Ms. Nicole Kasin, Sioux Falls, Executive Director for the Board of Accountancy, reviewed 

the proposed rules. 

Senator Vehle moved, seconded by Representative Gibson, that the review of the rules 

proposed by the Department of Labor and Regulation: South Dakota Board of Accountancy 

is complete. Motion prevailed on a roll call vote with 5 ayes, 1 excused. Members voting aye: 

Buhl O'Donnell, Gibson, Hajek, Johns, and Vehle. Member excused: Hunhoff. 

Secretary of State: Board of Finance- Amend rules to require that a request for a moving 

allowance, including reimbursement of travel expenses, be submitted to the board for 

approval or disapproval before a moving allowance is authorized. 

Ms. Patricia Miller, Ms. Barbara Basel, and Ms. Liza Clark reviewed the proposed rules 

Representative Johns moved, seconded by .Senator Buhl O'Donnell, that the review of the 

rules proposed by the Secretary of State: Board of Finance is complete. Motion prevailed on 

a roll call vote with 5 ayes, 1 excused. Members voting aye: Buhl O'Donnell, Gibson, Hajek, 

Johns, and Vehle. Member excused: Hun hoff. 

Governor's Office of Economic Development: Board of Economic Development- Adopt 

rules to implement and allow for payments under the Reinvestment Payment Program; 

implement and allow for payments under the Economic Development Partnership Program; 

implement and allow for payments under the Local Infrastructure Improvement Grant 

Program; and implement and allow for payments under the South Dakota Jobs Grant 

Program. 

Mr. Nathan Lukkes and Mr. Tim Engel, Pierre, Legal Counsel for the Board of Economic 

Development, reviewed the proposed rules. 
Rules Review Committee 

June 4, 2013 

Page 5 of 5 

Public Testimony 

Ms. Julie Johnson, Aberdeen, representing Absolutely! Aberdeen, spoke in support of the 

proposed rules and publicly thanked all that worked on Senate Bill 235. 

Representative Hajek moved, seconded by Representative Gibson, that the review of the 

rules proposed by the Governor's Office of Economic Development: Board of Economic 

Development is complete. Motion prevailed on a roll call vote with 5 ayes, 1 excused. 

Members voting aye: Buhl O'Donnell, Gibson, Hajek, Johns, and Vehle. Member excused: 

Hun hoff. 

Department of Health: South Dakota Board of Examiners of Speech-Language 

Pathology - Adopt rules to establish guidelines for the licensure of Speech-Language 

Pathologists. 

Ms. Brittany Schmidt, Sioux Falls, President of the Board of Examiners of SpeechLanguage Pathology, reviewed the proposed rules. 

Representative Gibson moved, seconded by Senator Buhl O'Donnell, that the review of the 

rules proposed by the Department of Health: South Dakota Board of Examiners of SpeechLanguage Pathology is complete. Motion prevailed on a roll call vote with 5 ayes, 1 excused. 

Members voting aye: Buhl O'Donnell, Gibson, Hajek, Johns, and Vehle. Member excused: 

Hunhoff. 

Next Meeting 

The next meeting of the Interim Rules Review Committee will be on Tuesday, July 9, '2013. 

Adjournment 

Representative Gibson moved, seconded by Senator Buhl O'Donnell, that the meeting be 

adjourned. Motion prevailed on a voice vote. 

Chair Johns adjourned the meeting at 12:00 p.m. 

All Legislative Research Council committee minutes and agendas are available at the South Dakota 

Legislature's Homepage: htto://legis.state.sd.us. Subscribe to receive electronic notification of meeting 

schedules and the availability of agendas and minutes at MyLRC (http://legis.state.sd.us/mylrc/index.aspx. 
RULES APPROVED BY THE BOARD OF 

MINERALS AND ENVIRONMENT

ARSD 74:36

AIR POLLUTION CONTROL PROGRAM

May 16, 2013
TABLE OF CONTENTS

i

Page

1.0 BACKGROUND ................................................................................................................................................1

2.0 CHAPTER 74:36:01 – DEFINITIONS ............................................................................................................1

3.0 CHAPTER 74:36:02 – AMBIENT AIR QUALITY........................................................................................2

4.0 CHAPTER 74:36:03 – AIR QUALITY EPISODES .......................................................................................2

5.0 CHAPTER 74:36:04 – OPERATING PERMITS FOR MINOR SOURCES ...............................................3

6.0 CHAPTER 74:36:05 – OPERATING PERMITS FOR PART 70 SOURCES..............................................3

7.0 CHAPTER 74:36:07 – NEW SOURCE PERFORMANCE STANDARDS..................................................4

7.1 74:36:07:91 – STANDARDS OF PERFORMANCE FOR NITRIC ACID PLANTS FOR WHICH CONSTRUCTION,

RECONSTRUCTION, OR MODIFICATION COMMENCED AFTER OCTOBER 14, 2011 ......................................................5

7.2 74:36:07:92 – STANDARDS OF PERFORMANCE FOR NEW SEWAGE SLUDGE INCINERATION UNITS ...................5

8.0 CHAPTER 74:36:08 – NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR

POLLUTANTS ............................................................................................................................................................5

8.1 74:36:08:122 – NATIONAL EMISSION STANDARDS FOR COAL- AND OIL-FIRED ELECTRIC UTILITY STEAM 

GENERATING UNITS.......................................................................................................................................................7

8.2 74:36:08:123 – NATIONAL EMISSION STANDARDS FOR INDUSTRIAL, COMMERCIAL, AND INSTITUTIONAL 

BOILERS AREA SOURCES ...............................................................................................................................................7

8.3 74:36:08:124 – NATIONAL EMISSION STANDARDS FOR CHEMICAL MANUFACTURING AREA SOURCES............7

8.4 74:36:08:125 – NATIONAL EMISSION STANDARDS FOR ASPHALT PROCESSING AND ASPHALT ROOFING 

MANUFACTURING AREA SOURCES ................................................................................................................................8

8.5 74:36:08:126 – NATIONAL EMISSION STANDARDS FOR CHEMICAL PREPARATIONS INDUSTRY AREA SOURCES8

8.6 74:36:08:127 – NATIONAL EMISSION STANDARDS FOR PAINT AND ALLIED PRODUCTS MANUFACTURING 

AREA SOURCES ..............................................................................................................................................................8

8.7 74:36:08:128 – NATIONAL EMISSION STANDARDS FOR PREPARED FEEDS MANUFACTURING AREA 

SOURCES........................................................................................................................................................................8

8.8 74:36:08:129 – NATIONAL EMISSION STANDARDS FOR GOLD MINE ORE PROCESSING AND PRODUCTION AREA 

SOURCES........................................................................................................................................................................8

8.9 74:36:08:130 – NATIONAL EMISSION STANDARDS FOR POLYVINYL CHLORIDE AND COPOLYMERS 

PRODUCTION .................................................................................................................................................................8

9.0 CHAPTER 74:36:09 – PREVENTION OF SIGNIFICANT DETERIORATION.......................................9

10.0 CHAPTER 74:36:10 – NEW SOURCE REVIEW .....................................................................................9

11.0 CHAPTER 74:36:11 – PERFORMANCE TESTING..............................................................................10

12.0 CHAPTER 74:36:12 – CONTROL OF VISIBLE EMISSIONS .............................................................10

13.0 CHAPTER 74:36:13 – CONTINUOUS EMISSION MONITORING SYSTEMS ................................10

14.0 CHAPTER 74:36:16 – ACID RAIN PROGRAM.....................................................................................11

15.0 CHAPTER 74:36:18 – REGULATIONS FOR STATE FACILITIES IN THE RAPID CITY AREA11

16.0 CHAPTER 74:36:20 – CONSTRUCTION PERMITS FOR NEW SOURCES OR MODIFICATIONS12

17.0 CHAPTER 74:36:21 – REGIONAL HAZE PROGRAM........................................................................12
1

1.0 Background

The Air Quality Program within the South Dakota Department of Environment and Natural 

Resources (DENR) implements federal air quality programs. There are several methods by 

which the U.S. Environmental Protection Agency (EPA) gives states approval to implement 

federal air quality programs. The more traditional method is for states to adopt rules and submit 

the state rules to EPA for implementation into what is known as a state implementation plan 

(SIP). For this process, EPA reviews the state’s rules to determine if the rules are equivalent to 

the federal regulations. If the state’s rules are equivalent, EPA approves the state’s rules through 

a federal register notice. 

A second method for administrating a federal air quality program is to request delegation of the 

program. The first step in requesting delegation is to adopt state rules that are equivalent to the 

federal regulations. Adopting the federal regulations by reference is the simplest method DENR 

has found to achieve this goal. 

A third method for administrating a federal air quality program is to have the program approved. 

As with the first two methods of implementing a federal air quality program, the state must adopt 

rules that are equivalent to the federal program and submit the rules to EPA for approval 

The proposed revisions to South Dakota’s Air Pollution Control Program are discussed in the 

following chapters and may be viewed in Appendix A.

2.0 Chapter 74:36:01 – Definitions

Chapter 74:36:01 is part of South Dakota’s SIP. EPA approved sections 74:36:01:01 through 

74:36:01:20 of this chapter into South Dakota’s SIP. DENR submitted section 74:36:01:21 to 

EPA for approval. Section 74:36:01:21 currently has not received approval. 

The definitions in Chapter 74:36:01 are reviewed periodically to ensure that they are up-to-date 

and consistent with the other Air Quality Program chapters. For example, the federal regulations 

periodically update the definition of a volatile organic compound by adding compounds to the 

list of organic compounds that have negligible photochemical reactivity, and therefore, are not 

included in the definition of a volatile organic compound. Therefore, a few minor changes are 

proposed to update the date referenced for the code of federal regulations to the most current 

version of the federal reference of July 1, 2012. These changes may be observed in the 

following sections:

1. 74:36:01:01(8)(e);

2. 74:36:01:01(29);

3. 74:36:01:01(67);

4. 74:36:01:01(73);

5. 74:36:01:05;

6. 74:36:01:20(5);

7. 74:36:01:20(7); and 

8. 74:36:01:20(8)
2

On March 12, 2013, the Governor of South Dakota signed house bill 1059 titled “An Act 

to repeal and revise certain obsolete and unnecessary statutes and rules relating to the 

Department of Environment and Natural Resources”. This Act repealed the authority associated 

with “variances”. Changes are proposed to delete the reference to the “variance” state authority 

from the regulations. These changes may be observed in the following sections. 

1. 74:36:01:01(27)

2. 74:36:01:01(38)

3. 74:36:01:01(66)

3.0 Chapter 74:36:02 – Ambient Air Quality

Chapter 74:36:02 is part of South Dakota’s SIP and EPA approved sections 74:36:02:01 through 

74:36:02:05 of this chapter into South Dakota’s SIP. 

On February 9, 2010, EPA promulgated a new 1-hour nitrogen dioxide National Ambient Air 

Quality Standard, which became effective April 12, 2010. The new nitrogen dioxide standard is 

100 parts per billion, based on the 3-year average of the 98th percentile of the yearly distribution 

of 1-hour daily maximum concentrations. 

On June 22, 2010, EPA promulgated a new 1-hour sulfur dioxide National Ambient Air Quality 

Standard, which became effective August 23, 2010. The new sulfur dioxide standard is 75 parts 

per billion, based on the 3-year average of the 99th percentile of the yearly distribution of 1-hour 

daily maximum concentrations.

To incorporate these standards into South Dakota’s SIP, the reference date for the federal 

regulation is proposed to be updated to the most current version of the federal reference of July 

1, 2012. This revision will also update any other minor inconsistency between South Dakota’s 

SIP and EPA’s federal regulations as of July 1, 2012. These changes may be observed in the 

following sections:

 

1. 74:36:02:02;

2. 74:36:02:03;

3. 74:36:02:04; and 

4. 74:36:02:05

4.0 Chapter 74:36:03 – Air Quality Episodes

Chapter 74:36:03 is part of South Dakota’s SIP and EPA approved sections 74:36:03:01 and 

74:36:03:02 of this chapter into South Dakota’s SIP.

The reference date for the federal regulation is proposed to be updated to the most current 

version of the federal reference of July 1, 2012. This revision will update any minor 

inconsistency between South Dakota’s SIP and EPA’s federal regulations as of July 1, 2012. 

These changes may be observed in the following sections:
3

1. 74:36:03:01; and

2. 74:36:03:02;

5.0 Chapter 74:36:04 – Operating Permits for Minor Sources

Chapter 74:36:04 is part of South Dakota’s SIP. EPA approved sections 74:36:04:01 through 

74:36:04:33 of this chapter into South Dakota’s SIP, except for Section 74:36:04:03.01. Section

74:36:04:03.01 allows DENR to issue a variance to a source that is unable to meet a state 

emission limit. The variance allows the source to operate even while exceeding the state 

emission limit while the source makes changes to bring its operations back into compliance with 

the state emission limit. This section is not included as part of South Dakota’s SIP because EPA 

will not approve variances in a SIP. 

 

The reference date for the federal regulation is proposed to be updated to the most current 

version of the federal reference of July 1, 2012. This revision will update any minor 

inconsistency between South Dakota’s SIP and EPA’s federal regulations as of July 1, 2012. 

These changes may be observed in the following section:

1. 74:36:04:04.

On March 12, 2013, the Governor of South Dakota signed house bill 1059 titled “An Act 

to repeal and revise certain obsolete and unnecessary statutes and rules relating to the 

Department of Environment and Natural Resources”. This Act repealed the authority associated 

with “variances”. Changes are proposed to delete the reference to the “variance” state authority 

from the regulations. These changes may be observed in the following sections. 

1. 74:36:04:05

2. 74:36:04:12

3. 74:36:04:13

4. 74:36:04:14

5. 74:36:04:15

Even though Section 74:36:04:03.01 is not proposed as being removed from the regulations. The 

house bill will automatically remove section 74:36:04:03.01 for these regulations. 

6.0 Chapter 74:36:05 – Operating Permits for Part 70 Sources

South Dakota developed and EPA has approved its Operating Permit for Part 70 Source 

program, which may also be referred to as the Title V air quality operating permit program, using 

EPA’s third method for administrating a federal program. This program is located in section 

74:35:05:01 through 74:35:05:52. 

The reference date for the federal regulation is proposed to be updated to the most current 

version of the federal reference of July 1, 2012. This revision will update any minor 
4

inconsistency between South Dakota’s SIP and EPA’s federal regulations as of July 1, 2012. 

These changes may be observed in the following sections:

1. 74:36:05:04(2); 

2. 74:36:05:04(3);

3. 74:36:05:06;

4. 74:36:05:16.01(17); and

5. 74:36:05:16.01(18).

On March 12, 2013, the Governor of South Dakota signed house bill 1059 tiltled “An Act 

to repeal and revise certain obsolete and unnecessary statutes and rules relating to the 

Department of Environment and Natural Resources”. This Act repealed the authority associated 

with “variances”. Changes are proposed to delete the reference to the “variance” state authority 

from the regulations. These changes may be observed in the following sections. 

1. 74:36:05:07

2. 74:36:05:20.01

3. 74:36:05:20.02

7.0 Chapter 74:36:07 – New Source Performance Standards

The federal new source performance standards program is delegated to South Dakota provided 

the rules are equivalent to the federal regulations. This chapter was last updated in June 2010, 

when the federal regulations promulgated as of July 1, 2009, were adopted by reference.

The reference date for the federal regulation is proposed to be updated to the most current 

version of the federal reference of July 1, 2012. This revision will update any minor 

inconsistency between South Dakota’s rules and EPA’s federal regulations as of July 1, 2012. 

These changes may be observed in the following sections:

1. 74:36:07:01; 

2. 74:36:07:02;

3. 74:36:07:03;

4. 74:36:07:04;

5. 74:36:07:05;

6. 74:36:07:06;

7. 74:36:07:06.01;

8. 74:36:07:06.02;

9. 74:36:07:07;

10. 74:36:07:07.01;

11. 74:36:07:08;

12. 74:36:07:09;

13. 74:36:07:10;

14. 74:36:07:11;

15. 74:36:07:12;

16. 74:36:07:13;

17. 74:36:07:14;

18. 74:36:07:15;

19. 74:36:07:16;

20. 74:36:07:17;

21. 74:36:07:18;

22. 74:36:07:19;

23. 74:36:07:20;

24. 74:36:07:21;

25. 74:36:07:22;

26. 74:36:07:22.01;

27. 74:36:07:23;

28. 74:36:07:24;

29. 74:36:07:25;

30. 74:36:07:26;

31. 74:36:07:27;

32. 74:36:07:28;

33. 74:36:07:29;

34. 74:36:07:30;

35. 74:36:07:31;

36. 74:36:07:32;

37. 74:36:07:33;

38. 74:36:07:34;

39. 74:36:07:35;

40. 74:36:07:36;

41. 74:36:07:37(1);

42. 74:36:07:39;

43. 74:36:07:40;

44. 74:36:07:41;

45. 74:36:07:42;
5

46. 74:36:07:42.01;

47. 74:36:07:43;

48. 74:36:07:44;

49. 74:36:07:45;

50. 74:36:07:46;

51. 74:36:07:46.01;

52. 74:36:07:47;

53. 74:36:07:48;

54. 74:36:07:49;

55. 74:36:07:50;

56. 74:36:07:51;

57. 74:36:07:52;

58. 74:36:07:53;

59. 74:36:07:54;

60. 74:36:07:55;

61. 74:36:07:56;

62. 74:36:07:57;

63. 74:36:07:58;

64. 74:36:07:59;

65. 74:36:07:60;

66. 74:36:07:61;

67. 74:36:07:62;

68. 74:36:07:63;

69. 74:36:07:64;

70. 74:36:07:65;

71. 74:36:07:66;

72. 74:36:07:67;

73. 74:36:07:68;

74. 74:36:07:69;

75. 74:36:07:70;

76. 74:36:07:71;

77. 74:36:07:72;

78. 74:36:07:73;

79. 74:36:07:74;

80. 74:36:07:75;

81. 74:36:07:76;

82. 74:36:07:76.01;

83. 74:36:07:77;

84. 74:36:07:78

85. 74:36:07:79;

86. 74:36:07:80;

87. 74:36:07:81;

88. 74:36:07:82;

89. 74:36:07:83;

90. 74:36:07:84;

91. 74:36:07:85;

92. 74:36:07:86;

93. 74:36:07:87;

94. 74:36:07:88;

95. 74:36:07:89; and

96. 74:36:07:90;

EPA has promulgated new standards since the last update to this chapter. The following 

sections are proposed to be included into South Dakota’s rules. 

 74:36:07:91. Standards of performance for nitric acid plants for which construction, 

reconstruction, or modification commenced after October 14, 2011;

 74:36:07:92. Standards of performance for new sewage sludge incineration units; and

7.1 74:36:07:91 – Standards of performance for nitric acid plants for which 

construction, reconstruction, or modification commenced after October 14, 2011

This federal regulation establishes standards of performance for nitric acid plants that 

commenced construction, reconstruction, or modification after October 14, 2011. This standard 

is located in 40 CFR Part 60, subpart Ga (July 1, 2012). DENR is proposing to adopt this 

standard by reference.

7.2 74:36:07:92 – Standards of performance for new sewage sludge incineration units

This federal regulation establishes standards of performance for new sewage sludge incineration 

units. This standard is located in 40 CFR Part 60, subpart LLLL (July 1, 2012). DENR is 

proposing to adopt this standard by reference.

8.0 Chapter 74:36:08 – National Emission Standards for Hazardous Air 

Pollutants

The revision process for chapter 74:36:08 is similar to the revision process for chapter 74:36:07. 
6

The reference date for the federal regulation is proposed to be updated to the most current 

version of the federal reference of July 1, 2012. This revision will update any minor 

inconsistency between South Dakota’s rules and EPA’s federal regulations as of July 1, 2012. 

These changes may be observed in the following sections:

1. 74:36:08:01; 

2. 74:36:08:02;

3. 74:36:08:02.01;

4. 74:36:08:02.02;

5. 74:36:08:02.03;

6. 74:36:08:02.04;

7. 74:36:08:03;

8. 74:36:08:03.01;

9. 74:36:08:04;

10. 74:36:08:05;

11. 74:36:08:06;

12. 74:36:08:07;

13. 74:36:08:08;

14. 74:36:08:09;

15. 74:36:08:10;

16. 74:36:08:11;

17. 74:36:08:12;

18. 74:36:08:13;

19. 74:36:08:14;

20. 74:36:08:15;

21. 74:36:08:16;

22. 74:36:08:17;

23. 74:36:08:18;

24. 74:36:08:19;

25. 74:36:08:20;

26. 74:36:08:21;

27. 74:36:08:22;

28. 74:36:08:23;

29. 74:36:08:24;

30. 74:36:08:25;

31. 74:36:08:26;

32. 74:36:08:27;

33. 74:36:08:28;

34. 74:36:08:29;

35. 74:36:08:30;

36. 74:36:08:31;

37. 74:36:08:32;

38. 74:36:08:33;

39. 74:36:08:34;

40. 74:36:08:35;

41. 74:36:08:36;

42. 74:36:08:37;

43. 74:36:08:38;

44. 74:36:08:39;

45. 74:36:08:40;

46. 74:36:08:41;

47. 74:36:08:42;

48. 74:36:08:43;

49. 74:36:08:44;

50. 74:36:08:45;

51. 74:36:08:46;

52. 74:36:08:47;

53. 74:36:08:48;

54. 74:36:08:49;

55. 74:36:08:50;

56. 74:36:08:51;

57. 74:36:08:52;

58. 74:36:08:53;

59. 74:36:08:54;

60. 74:36:08:55;

61. 74:36:08:56;

62. 74:36:08:57;

63. 74:36:08:58;

64. 74:36:08:59;

65. 74:36:08:60;

66. 74:36:08:61;

67. 74:36:08:62;

68. 74:36:08:63;

69. 74:36:08:64;

70. 74:36:08:65;

71. 74:36:08:66;

72. 74:36:08:67;

73. 74:36:08:68;

74. 74:36:08:69;

75. 74:36:08:70;

76. 74:36:08:71;

77. 74:36:08:72;

78. 74:36:08:73;

79. 74:36:08:74;

80. 74:36:08:75;

81. 74:36:08:76;

82. 74:36:08:77;

83. 74:36:08:78

84. 74:36:08:79;

85. 74:36:08:80;

86. 74:36:08:81;

87. 74:36:08:82;

88. 74:36:08:83;

89. 74:36:08:84;

90. 74:36:08:85;

91. 74:36:08:86;

92. 74:36:08:87;

93. 74:36:08:88;

94. 74:36:08:89;

95. 74:36:08:90;

96. 74:36:08:91;

97. 74:36:08:92;

98. 74:36:08:93;

99. 74:36:08:94;

100. 74:36:08:95;

101. 74:36:08:96;

102. 74:36:08:97;

103. 74:36:08:98;

104. 74:36:08:99;

105. 74:36:08:100;

106. 74:36:08:101;

107. 74:36:08:102;

108. 74:36:08:103;

109. 74:36:08:104;

110. 74:36:08:105;

111. 74:36:08:106;

112. 74:36:08:107;

113. 74:36:08:108;

114. 74:36:08:109;

115. 74:36:08:110;

116. 74:36:08:111;

117. 74:36:08:112;

118. 74:36:08:113;

119. 74:36:08:144;

120. 74:36:08:115;

121. 74:36:08:116;

122. 74:36:08:117;

123. 74:36:08:118;
7

124. 74:36:08:119; 125. 74:36:08:120; and 126. 74:36:08:121.

There are several national emission standards for hazardous air pollutants that have been 

promulgated by EPA. The following sections are proposed to be included into South Dakota’s 

rules. 

 74:36:08:122. National emission standards for coal- and oil-fired electric utility steam 

generating units;

 74:36:08:123. National emission standards for industrial, commercial, and institutional 

boilers area sources;

 74:36:08:124. National emission standards for chemical manufacturing area sources;

 74:36:08:125. National emission standards for asphalt processing and asphalt roofing 

manufacturing area sources;

 74:36:08:126. National emission standards for chemical preparations industry area sources;

 74:36:08:127. National emission standards paint and allied products manufacturing area 

sources;

 74:36:08:128. National emission standards for prepared feeds manufacturing area sources;

 74:36:08:129. National emission standards for gold mine ore processing and production area 

sources; and

 74:36:08:130. National emission standards for polyvinyl chloride and copolymers 

production.

8.1 74:36:08:122 – National emission standards for coal- and oil-fired electric utility 

steam generating units

This federal regulation establishes national emission standards for hazardous air pollutants for 

coal- and oil-fired electric utility steam generating units. This standard is located in 40 CFR Part 

63, subpart UUUUU (July 1, 2012). DENR is proposing to adopt this federal standard by 

reference.

8.2 74:36:08:123 – National emission standards for industrial, commercial, and 

institutional boilers area sources

This federal regulation establishes national emission standards for hazardous air pollutants for 

industrial, commercial, and institutional boilers area sources. This standard is located in 40 CFR 

Part 63, subpart JJJJJJ (July 1, 2012). Sources that may be subject to this standard include 3M 

(Aberdeen), John Morrell, Saputo Cheese, Black Hills VA Health Care System – Fort Meade, 

and Spearfish Forest Products. DENR is proposing to adopt this federal standard by reference. 

8.3 74:36:08:124 – National emission standards for chemical manufacturing area 

sources

This federal regulation establishes national emission standards for hazardous air pollutants for 

chemical manufacturing area sources. This standard is located in 40 CFR Part 63, subpart 

VVVVVV (July 1, 2012). Sources that are subject to this standard include ABE South Dakota 
8

(Huron and Aberdeen), Redfield Energy, and Dakota Ethanol. DENR is proposing to adopt this 

federal standard by reference. 

8.4 74:36:08:125 – National emission standards for asphalt processing and asphalt 

roofing manufacturing area sources

This federal regulation establishes national emission standards for hazardous air pollutants for 

asphalt processing and asphalt roofing manufacturing area sources. This standard is located in 40 

CFR Part 63, subpart AAAAAAA (July 1, 2012). DENR is proposing to adopt this federal 

standard by reference.

8.5 74:36:08:126 – National emission standards for chemical preparations industry area 

sources

This federal regulation establishes national emission standards for hazardous air pollutants for 

chemical preparations industry area sources. This standard is located in 40 CFR Part 63, subpart 

BBBBBBB (July 1, 2012). DENR is proposing to adopt this federal standard by reference.

8.6 74:36:08:127 – National emission standards for paint and allied products 

manufacturing area sources

This federal regulation establishes national emission standards for hazardous air pollutants for 

paint and allied products manufacturing area sources. This standard is located in 40 CFR Part 63, 

subpart CCCCCCC (July 1, 2012). DENR is proposing to adopt this federal standard by 

reference. 

8.7 74:36:08:128 – National emission standards for prepared feeds manufacturing area 

sources

This federal regulation establishes national emission standards for hazardous air pollutants for 

prepared feeds manufacturing area sources. This standard is located in 40 CFR Part 63, subpart 

DDDDDDD (July 1, 2012). Sources that may be subject to this standard include Cenex Harvest 

States Nutrition, Land O’Lakes Purina Feed, Hubbard Feeds, Ridley Block Operations, and 

Eastern Farmers Coop. DENR is proposing to adopt this federal standard by reference. 

8.8 74:36:08:129 – National emission standards for gold mine ore processing and 

production area sources

This federal regulation establishes national emission standards for hazardous air pollutants for 

gold mine ore processing and production area sources. This standard is located in 40 CFR Part 

63, subpart EEEEEEE (July 1, 2012). Wharf Resources (USA) Inc. is subject to this standard. 

DENR is proposing to adopt this federal standard by reference.

8.9 74:36:08:130 – National emission standards for polyvinyl chloride and copolymers 

production
9

This federal regulation establishes national emission standards for hazardous air pollutants for 

polyvinyl chloride and copolymers production. This standard is located in 40 CFR Part 63, 

subpart HHHHHHH (July 1, 2012). DENR is proposing to adopt this federal standard by 

reference. 

9.0 Chapter 74:36:09 – Prevention of Significant Deterioration

Chapter 74:36:09 is part of South Dakota’s SIP. EPA approved sections 74:36:09:01 through 

74:36:09:03 of this chapter into South Dakota’s SIP.

The reference date for the federal regulation is proposed to be updated to the most current 

version of the federal reference of July 1, 2012. This revision will update any minor 

inconsistency between South Dakota’s SIP and EPA’s federal regulations as of July 1, 2012. 

These changes may be observed in the following sections:

1. 74:36:09:02; and

2. 74:36:09:03.

On June 24, 2005, the United States Court of Appeals for the District of Columbia Circuit 

vacated EPA’s inclusion of clean unit and pollution control project regulations from the 

prevention of significant deterioration program. In 2007, EPA removed these requirements from 

the federal regulations. Changes are proposed to revise South Dakota’s SIP to remove references 

to clean units and pollution control projects. These changes may be observed in section 

74:36:09:02.

10.0 Chapter 74:36:10 – New Source Review

Chapter 74:36:10 is part of South Dakota’s SIP and EPA approved sections 74:36:10:01 through 

74:36:10:10 of this chapter into South Dakota’s SIP.

The reference date for the federal regulation is proposed to be updated to the most current 

version of the federal reference of July 1, 2012. This revision will update any minor 

inconsistency between South Dakota’s SIP and EPA’s federal regulations as of July 1, 2012. 

These changes may be observed in the following sections:

1. 74:36:10:02; 

2. 74:36:10:03.01;

3. 74:36:10:05;

4. 74:36:10:07; and

5. 74:36:10:08;

On June 24, 2005, the United States Court of Appeals for the District of Columbia Circuit 

vacated EPA’s inclusion of clean unit and pollution control project regulations from the new 

source review program. In 2007, EPA removed these requirements from the federal regulations. 

Changes are proposed to revise South Dakota’s SIP to remove references to clean units and 

pollution control projects. These changes may be observed in the following sections:
10

1. 74:36:10:03.01;

2. 74:36:10:09; and

3. 74:36:10:10;

11.0 Chapter 74:36:11 – Performance Testing

Chapter 74:36:11 is part of South Dakota’s SIP and EPA approved sections 74:36:11:01 through 

74:36:11:04 of this chapter into South Dakota’s SIP.

The reference date for the federal regulation is proposed to be updated to the most current 

version of the federal reference of July 1, 2012. This revision will update any minor 

inconsistency between South Dakota’s SIP and EPA’s federal regulations as of July 1, 2012. 

These changes may be observed in the following section:

1. 74:36:11:01.

12.0 Chapter 74:36:12 – Control of Visible Emissions

Chapter 74:36:12 is part of South Dakota’s SIP and EPA approved sections 74:36:12:01 through 

74:36:12:03 of this chapter into South Dakota’s SIP.

The reference date for the federal regulation is proposed to be updated to the most current 

version of the federal reference of July 1, 2012. This revision will update any minor 

inconsistency between South Dakota’s SIP and EPA’s federal regulations as of July 1, 2012. 

These changes may be observed in the following sections:

1. 74:36:12:01; and

2. 74:36:12:03.

South Dakota’s opacity requirements do not apply during periods of soot blowing, startup, 

shutdown, and malfunctions. However, the wording includes the phrase “such operations as” 

which may imply there are other periods that the standard did not apply, which was not the 

intention of the language. Changes to section 74:36:12:02 are proposed to remove this phrase to 

clarify the applicable time periods. 

13.0 Chapter 74:36:13 – Continuous Emission Monitoring Systems

Chapter 74:36:13 is part of South Dakota’s SIP and EPA approved sections 74:36:13:01 through 

74:36:13:07 of this chapter into South Dakota’s SIP. Section 74:36:13:08 is not part of South 

Dakota’s SIP but was approved by EPA as part of South Dakota’s Title V permitting Program 

noted in Chapter 74:36:05.

The reference date for the federal regulation is proposed to be updated to the most current 

version of the federal reference of July 1, 2012. This revision will update any minor 
11

inconsistency between South Dakota’s SIP, approved Title V permitting Program and EPA’s 

federal regulations as of July 1, 2012. These changes may be observed in the following sections:

1. 74:36:13:02; 

2. 74:36:13:03;

3. 74:36:13:04;

4. 74:36:13:06;

5. 74:36:13:07(1)(a);

6. 74:36:13:07(2)(a); and

7. 74:36:13:08.

14.0 Chapter 74:36:16 – Acid Rain Program

South Dakota’s Acid Rain Program is similar to Chapter 74:36:07 – New source performance 

standards and Chapter 74:36:08 – National emission standards for hazardous air pollutants. This 

chapter is delegated to South Dakota by EPA. 

The reference date for the federal regulation is proposed to be updated to the most current 

version of the federal reference of July 1, 2012. This revision will update any minor 

inconsistency between South Dakota’s SIP and EPA’s federal regulations as of July 1, 2012. 

These changes may be observed in the following sections:

1. 74:36:16:01;

2. 74:36:16:02;

3. 74:36:16:04; and

4. 74:36:16:05.

15.0 Chapter 74:36:18 – Regulations for State Facilities in the Rapid City 

Area

Chapter 74:36:18 is part of South Dakota’s SIP and EPA approved sections 74:36:18:01 through 

74:36:18:12 of this chapter into South Dakota’s SIP. 

The reference date for the federal regulation is proposed to be updated to the most current 

version of the federal reference of July 1, 2012. This revision will update any minor 

inconsistency between South Dakota’s SIP and EPA’s federal regulations as of July 1, 2012. 

These changes may be observed in the following sections:

1. 74:36:18:10.

On March 12, 2013, the Governor of South Dakota signed house bill 1059 tiltled “An Act 

to repeal and revise certain obsolete and unnecessary statutes and rules relating to the 

Department of Environment and Natural Resources”. This Act repealed the authority associated 

with “variances”. Changes are proposed to delete the reference to the “variance” state authority 

from the regulations. These changes may be observed in the following sections. 
12

1. 74:36:18:04

2. 74:36:18:05

3. 74:36:18:06

4. 74:36:18:11

5. 74:36:18:12

16.0 Chapter 74:36:20 – Construction Permits for New Sources or 

Modifications

In June 2010, South Dakota requested EPA incorporate Chapter 74:36:20 into South Dakota’s 

SIP. To date, EPA has not acted upon South Dakota’s request. 

The reference date for the federal regulation is proposed to be updated to the most current 

version of the federal reference of July 1, 2012. This revision will update any minor 

inconsistency between South Dakota’s SIP and EPA’s federal regulations as of July 1, 2012. 

These changes may be observed in the following section:

1. 74:36:20:05.

On March 12, 2013, the Governor of South Dakota signed house bill 1059 tiltled “An Act 

to repeal and revise certain obsolete and unnecessary statutes and rules relating to the 

Department of Environment and Natural Resources”. This Act repealed the authority associated 

with “variances”. Changes are proposed to delete the reference to the “variance” state authority 

from the regulations. These changes may be observed in the following sections. 

1. 74:36:20:11

2. 74:36:20:13

3. 74:36:20:14

4. 74:36:20:15

17.0 Chapter 74:36:21 – Regional Haze Program

Chapter 74:36:21 is part of South Dakota’s SIP and EPA approved sections 74:36:21:01 through 

74:36:21:12 of this chapter into South Dakota’s SIP. 

The reference date for the federal regulation is proposed to be updated to the most current 

version of the federal reference of July 1, 2012. This revision will update any minor 

inconsistency between South Dakota’s SIP and EPA’s federal regulations as of July 1, 2012. 

These changes may be observed in the following sections:

1. 74:36:21:02(8); 

2. 74:36:21:04

3. 74:36:21:05 and

4. 74:36:21:09.
1

Appendix A

Rules Approved by the Board of Minerals and 

Environment

ARSD 74:36

Air Pollution Control Program
2

ARTICLE 74:36

AIR POLLUTION CONTROL PROGRAM

Chapter

74:36:01 Definitions.

74:36:02 Ambient air quality.

74:36:03 Air quality episodes.

74:36:04 Operating permits for minor sources.

74:36:05 Operating permits for Part 70 sources.

74:36:06 Regulated air pollutant emissions.

74:36:07 New source performance standards.

74:36:08 National emission standards for hazardous air pollutants.

74:36:09 Prevention of significant deterioration.

74:36:10 New source review.

74:36:11 Performance testing.

74:36:12 Control of visible emissions.

74:36:13 Continuous emission monitoring systems.

74:36:14 Variances, Repealed.

74:36:15 Open burning, Transferred or Repealed.

74:36:16 Acid rain program.

74:36:17 Rapid City street sanding and deicing.
3

74:36:18 Regulations for state facilities in the Rapid City area.

74:36:19 Mercury budget trading program, Repealed.

74:36:20 Construction permits for new sources or modifications.

74:36:21 Regional haze program.

CHAPTER 74:36:01

DEFINITIONS

Section

74:36:01:01 Definitions.

74:36:01:02 Repealed.

74:36:01:03 Administrative permit amendment defined.

74:36:01:04 Affected states defined.

74:36:01:05 Applicable requirements of the Clean Air Act defined.

74:36:01:06 Complete application defined.

74:36:01:07 Repealed.

74:36:01:08 Major source defined.

74:36:01:09 Categories of sources defined.

74:36:01:10 Modification defined.

74:36:01:11 National ambient air quality standard (NAAQS).

74:36:01:12 Potential to emit defined.
4

74:36:01:13 Process weight rate defined.

74:36:01:14 Repealed.

74:36:01:15 Regulated air pollutant defined.

74:36:01:16 Responsible official defined.

74:36:01:17 Repealed.

74:36:01:18 Municipal solid waste landfill defined.

74:36:01:19 Existing municipal solid waste landfill defined.

74:36:01:20 Physical change in or change in the method of operation defined.

74:36:01:21 Commenced construction defined.

74:36:01:01. Definitions. Unless otherwise specified, the terms used in this article mean:

(1) "Act," chapter 34A-1 of the South Dakota Codified Laws;

(2) "Acid rain permit," a legally binding written document or portion of a document that is 

issued by the department and specifies the acid rain program requirements applicable to an 

affected source and to the owners and operators and the designated representative of the affected 

source;

(3) "Acid rain program," the national sulfur dioxide and nitrogen oxides air pollution 

control and emissions reduction program established in accordance with Title IV of the Clean 

Air Act;
5

(4) "Administrator," the administrator of the Environmental Protection Agency or the 

secretary or their authorized representatives;

(5) "Affected source," a source that includes one or more affected units under Title IV of 

the Clean Air Act;

(6) "Affected unit," a unit that is subject to any of the emission reduction requirements or 

emission limits pursuant to Title IV of the Clean Air Act or chapter 74:36:16;

(7) "Air pollutant," one or a combination of the regulated air pollutants listed in 

§ 74:36:01:15;

(8) "Allowable emissions," the emission rate calculated using the maximum rated capacity 

of a source unless the source is subject to federally enforceable limits which restrict operating 

rate, hours of operation, or both, and the most stringent of the following:

(a) The applicable new source performance standards in chapter 74:36:07;

(b) The applicable national emission standards in chapter 74:36:08;

(c) Any applicable emission limitations specified in this article, including those with a 

future compliance date;

(d) The emission rate specified as a permit condition; or

(e) The applicable standards in 40 C.F.R. Part 60, 61, or 63 (July 1, 2009 July 1, 2012);
6

(9) "Ambient air," that portion of the atmosphere external to buildings to which the 

general public has access;

(10) "ASTM," the American Society for Testing and Materials;

(11) "Board," the Board of Minerals and Environment;

(12) "Btu," British thermal unit;

(13) "CO," carbon monoxide;

(14) "Chairman," chairman of the board;

(15) "Clean Air Act," the Clean Air Act, 42 U.S.C. 7401 et seq., as amended through 

January 1, 2010;

(16) "Clean Air Act Amendments," the amendments to the Clean Air Act enacted in Pub. 

L. No. 101-549, November 15, 1990;

(17) "Control equipment," a device which prevents or reduces emissions;
7

(18) "Criteria pollutant," selected and specified pollutants for which limiting ambient air 

quality standards have been set, including sulfur dioxides, particulate matter, carbon monoxide, 

ozone, nitrogen oxides, and lead;

(19) "Department," the South Dakota Department of Environment and Natural Resources;

(20) "Designated representative," the responsible person or official authorized by the 

owner or operator of an affected unit, in accordance with the Clean Air Act, to represent the 

owner or operator in matters pertaining to the holding, transfer, or disposition of allowances 

allocated to the unit and the submission of and compliance with permits, permit applications, and 

compliance plans for the unit;

(21) "Draft permit," the version of a permit for which the department offers public 

participation or affected state review;

(22) "Emissions allowable under the permit," a federally enforceable permit term or 

condition determined at issuance to be required by an applicable requirement that establishes an 

emissions limit, including work practice standards, or a federally enforceable emissions cap that 

the source has assumed to avoid an applicable requirement to which the source would otherwise 

be subject;

(23) "Emission standard," the maximum amount of a pollutant legally permitted to be 

discharged from a single unit;
8

(24) "Emission unit," "Unit," any part or activity of a stationary source which emits or has 

the potential to emit a regulated air pollutant or any pollutant listed under section 112(b) of the 

Clean Air Act;

(25) "EPA," the Environmental Protection Agency;

(26) "Equivalent method," any method of sampling and analysis for an air pollutant which 

has a consistent and quantitatively known relationship to the reference method under specified 

conditions;

(27) "Existing source," a source that has an approved state-issued variance or permit;

(28) "Facility," a building, structure, or installation of pollutant-emitting activities which 

belong to the same industrial grouping, located on one or more contiguous or adjacent properties 

and under the control of the same person or of persons under common control, except the 

activities of a water-borne vessel. Pollutant-emitting activities are part of the same industrial 

grouping if they belong to the same major group, i.e., have the same two-digit code, as described 

in the Standard Industrial Classification Manual, 1987;

(29) "Federally enforceable," all limits and conditions that are enforceable by the 

administrator of EPA pursuant to federal law. These limits and conditions include those 

requirements developed pursuant to this article, those appearing in 40 C.F.R. §§ 60 and 61 (July 
9

1, 2009 July 1, 2012), requirements within the state implementation plan, and permit 

requirements established pursuant to this article or 40 C.F.R. § 51 Subpart I (July 1, 2009 July 1, 

2012). The use of this term does not impede the department's authority under state law to enforce 

these limits and conditions;

(30) "Final permit" the version of an operating permit issued by the permitting authority 

for a source that has completed all required review procedures;

(31) "Fuel-burning unit," a furnace, boiler, apparatus, stack, or any of their components 

used in the process of burning fuel or other combustible material for the primary purposes of 

producing heat or power by indirect heat transfer;

(32) "Fugitive emissions," those air pollutants which could not reasonably pass through a 

stack, chimney, vent, or other functionally equivalent opening;

(33) "General permit," a permit issued by the board in accordance with SDCL 34A-1-56 

that may be made applicable to numerous similar sources;

(34) "Heat input," the aggregate heat content of all fuels whose products of combustion 

pass through a stack or stacks, using the heat input value of the equipment manufacturer's or 

designer's guaranteed maximum input, whichever is greater;
10

(35) "Incinerator," a furnace used to burn solid waste to reduce the volume of the waste by 

removing its combustible material;

(36) "Malfunction," any sudden and unavoidable failure of air pollution control equipment 

or process equipment or of a process to operate in a normal or usual manner, but not a failure 

caused entirely or in part by poor maintenance, careless operation, preventable equipment 

breakdown, or any other cause within the control of the owner or operator of the source;

(37) "Minor source," a source whose potential emissions of a criteria pollutant are less 

than 100 tons a year and which does not meet the definition of a Part 70 source;

(38) "New source," a source that has not been constructed and does not possess a permit or 

an approved state-issued variance;

(39) "Nonattainment area," an area that does not meet or that contributes to ambient air 

quality in a nearby area that does not meet the national primary or secondary ambient air quality 

standard for the pollutant;

(40) "NSR," new source review;

(41) "Opacity," the degree to which emissions reduce the transmission of light and 

obscure the view of an object in the background;
11

(42) "Open burning," the burning of any matter in such a manner that the products of 

combustion resulting from the burning are emitted directly into the ambient air without passage 

through a stack, duct, or chimney;

(43) "Operating permit," a written authorization issued by the board or the secretary for 

the operation of a source;

(44) "Owner or operator," any person who owns, leases, operates, controls, or supervises a 

source;

(45) Repealed;

(46) "Part 70 operating permit," any permit or group of permits covering a Part 70 source 

that is issued, renewed, amended, or revised;

(47) "Part 70 source," any source subject to § 74:36:05:03;

(48) "Particulate matter," a broad class of chemically and physically diverse substances 

that exist as discrete particles, liquid droplets, or solids over a wide range of sizes;

(49) "Permit modification," a change to a source which operates under a minor source 

operating permit or Part 70 operating permit that meets the requirements of § 74:36:01:10;
12

(50) "Permit revision," a revision to a minor source operating permit or Part 70 operating 

permit to incorporate a permit modification, administrative permit amendment, or minor permit 

amendment;

(51) "Person," an individual, corporation, partnership, firm, association, trust, estate, 

public or private institution, group, agency, political subdivision or state agency or any legal 

successor, representative, agent, or agency of the foregoing;

(52) "PM10," particulate matter with an aerodynamic diameter less than or equal to a 

nominal ten micrometers as measured by an applicable reference or equivalent method;

(53) "Proposed Part 70 operating permit," a permit that the department has forwarded to 

EPA for review after the closure of the public notice period and after considering any public 

comments, including those from affected states;

(54) "PSD," prevention of significant deterioration;

(55) Repealed;

(56) "Salvage operation," an operation conducted in whole or in part for the reclaiming of 

product or material;
13

(57) "Secretary," the secretary of the South Dakota Department of Environment and 

Natural Resources or an authorized representative;

(58) "Shutdown," the cessation of operation of any control equipment, process equipment, 

or process for any purposes;

(59) "Smoke," small gas-borne particles resulting from incomplete combustion, consisting 

predominantly, but not exclusively, of carbon, ash, and other combustible material, that form a 

visible plume in the air;

(60) "Source," a facility that emits or may emit any air pollutant regulated under the Clean 

Air Act;

(61) "Start-up," the setting into operation of any control equipment, process equipment, or 

process for any purpose;

(62) "Title I," Title I of the Clean Air Act Amendments, provisions for attainment and 

maintenance of national ambient air quality standards;

(63) "Title IV," Title IV of the Clean Air Act Amendments, acid deposition control;

(64) "Title V," Title V of the Clean Air Act Amendments, permits;
14

(65) "Title VI," Title VI of the Clean Air Act Amendments, stratospheric ozone 

protection;

(66) "Variance," a written authorization issued by the board to operate a minor source in 

an attainment area that is not in compliance with certain portions of the Act; Repealed.

(67) "VOC," "volatile organic compounds," as defined in 40 C.F.R. § 51.100(s) (July 1, 

2009 July 1, 2012);

(68) "Wire reclamation furnace," a furnace that uses either direct or indirect heat transfer 

to salvage nonferrous metals through the thermal destruction of solid waste materials;

(69) "PM2.5," particulate matter with an aerodynamic diameter less than or equal to a 

nominal 2.5 micrometers as measured by an applicable reference or equivalent method;

(70) "SO2," sulfur dioxide;

(71) "NO2," nitrogen dioxide;

(72) "Construction permit," a written authorization issued by the board or the secretary for 

the construction and operation of a new source or modification to an existing source; and
15

(73) "Subject to regulation," as defined in 40 CFR § 70.2 (July 1, 2009 July 1, 2012), as 

revised in publication 75 Fed. Reg. 31607 (June 3, 2010), in accordance with EPA requirements.

Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from 

§ 34:10:01:01, 7 SDR 4, effective July 27, 1980; transferred from § 44:10:01:01, effective July 1, 

1981; 8 SDR 71, effective December 21, 1981; 10 SDR 68, effective January 5, 1984; 13 SDR 

129, 13 SDR 141, effective July 1, 1987; 14 SDR 72, effective November 24, 1987; 16 SDR 88, 

effective November 14, 1989; 17 SDR 170, effective May 13, 1991; transferred from 

§ 74:26:01:01, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 

SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999; 30 SDR 26, 

effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 

13, 2006; 36 SDR 207, effective June 28, 2010; 37 SDR 182, effective April 20, 2011.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6.

Reference: Standard Industrial Classification Manual, 1987, Executive Office of the 

President, Office of Management and Budget. Copies may be obtained from National Technical 

Information Service, 5285 Port Royal Road, Springfield, Virginia 22161, order no. PB 87-

100012. Cost: $31.

74:36:01:05. Applicable requirements of the Clean Air Act defined. Applicable 

requirements of the Clean Air Act include all of the following as they apply to emissions units in 

a Part 70 source, unless the context of the Clean Air Act requires otherwise:
16

(1) Any standard or other requirement provided for in the applicable implementation plan 

approved or promulgated by EPA through rulemaking under Title I of the Clean Air Act that 

implements the relevant requirements of the Clean Air Act, including any revisions to that plan 

promulgated in Part 52 of 40 C.F.R. (July 1, 2009 July 1, 2012);

(2) Any term or condition of any preconstruction permits issued pursuant to regulations 

approved through rulemaking under Title I, including Parts C or D, of the Clean Air Act;

(3) Any standard or other requirement under § 111 of the Clean Air Act, including 

§ 111(d);

(4) Any standard or other requirement under § 112 of the Clean Air Act, including any 

requirement concerning accident prevention under § 112(r)(7) of the Clean Air Act;

(5) Any standard or other requirement of the acid rain program under Title IV of the Clean 

Air Act or the regulations promulgated under it;

(6) Any monitoring, reporting, and certification requirements established pursuant to 

§ 504(b) or 114(a)(3) of the Clean Air Act;

(7) Any standard or other requirement governing solid waste incineration, under § 129 of 

the Clean Air Act;
17

(8) Any standard or other requirement for consumer and commercial products, under 

§ 183(e) of the Clean Air Act;

(9) Any standard or other requirement for tank vessels, under § 183(f) of the Clean Air 

Act;

(10) Any standard or other requirement of the program to control air pollution from outer 

continental shelf sources, under § 328 of the Clean Air Act;

(11) Any standard or other requirement of the regulations promulgated to protect 

stratospheric ozone under Title VI of the Clean Air Act, unless the administrator of the EPA has 

determined that such requirements need not be contained in a Part 70 operating permit; and

(12) Any national ambient air quality standard or increment or visibility requirement 

under Part C of Title I of the Clean Air Act, but only as it would apply to temporary sources 

permitted pursuant to § 504(e) of the Clean Air Act.

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 25 

SDR 123, effective April 4, 1999; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective 

June 13, 2006; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6.
18

74:36:01:20. Physical change in or change in the method of operation defined. A 

physical change in or change in the method of operation does not include the following:

(1) Routine maintenance, repair, and replacement;

(2) Use of an alternative fuel or raw material because of an order under §§ 2(a) and (b) of 

the Energy Supply and Environmental Coordination Act of 1974, as amended and in effect on 

January 1, 1993, or because of a natural gas curtailment plan pursuant to the Federal Power Act 

as in effect on January 1, 1993;

(3) Use of an alternative fuel because of an order or rule under § 125 of the Clean Air Act;

(4) Use at a steam generating unit of an alternative fuel that is generated from municipal 

solid waste;

(5) An increase in the hours of operation or in the production rate, unless the change is 

prohibited under a federally enforceable permit condition which was established after January 6, 

1975, pursuant to 40 C.F.R. § 52.21 (July 1, 2009 July 1, 2012), or under regulations approved 

pursuant to 40 C.F.R. Part 51, Subpart I, or 40 C.F.R. § 51.166 (July 1, 2009 July 1, 2012);

(6) Any change of ownership at a source;
19

(7) The use of an alternative fuel or raw material by a source which the source was 

capable of accommodating before January 6, 1975, unless the change is prohibited under a 

federally enforceable permit condition which was established after January 6, 1975, pursuant to 

40 C.F.R. § 52.21 (July 1, 2009 July 1, 2012), or under regulations approved pursuant to 40 

C.F.R. Part 51, Subpart I, or 40 C.F.R. § 51.166 (July 1, 2009 July 1, 2012); and

(8) The use of an alternative fuel or raw material which the source is approved to use 

under a permit issued under 40 C.F.R. § 52.21 (July 1, 2009 July 1, 2012) or under regulations 

approved pursuant to 40 C.F.R. § 51.165 (July 1, 2009 July 1, 2012).

Source: 25 SDR 123, effective April 4, 1999; 31 SDR 101, effective January 2, 2005; 32 

SDR 209, effective June 13, 2006; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6.

CHAPTER 74:36:02

AMBIENT AIR QUALITY

Section

74:36:02:01 Air quality goals.
20

74:36:02:02 Ambient air quality standards.

74:36:02:03 Methods of sampling and analysis.

74:36:02:04 Air quality monitoring network.

74:36:02:05 Ambient air monitoring requirements.

74:36:02:02. Ambient air quality standards. The ambient air quality standards listed 

in 40 C.F.R. §§ 50.1 to 50.5, inclusive, (July 1, 2009 July 1, 2012); 40 C.F.R. § 50.6 (July 1, 

2009 July 1, 2012); 40 C.F.R. § 50.7(a)(1), (b), and (c) (July 1, 2009 July 1, 2012); 40 C.F.R. 

§ 50.8 and 40 C.F.R. §§ 50.10 to 50.12, inclusive, (July 1, 2009 July 1, 2012), define the types 

and levels of air pollution above which the ambient air would limit the attainment of the goals 

specified in § 74:36:02:01. These standards apply to the entire state of South Dakota, and no 

person may cause these standards to be exceeded. The standards include normal background 

levels of air pollutants.

Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from 

§ 34:10:02:02, 7 SDR 4, effective July 27, 1980; transferred from § 44:10:02:02, effective July 1, 

1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 17 SDR 170, effective May 13, 1991; 

transferred from § 74:26:02:02, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective 

January 5, 1995; 25 SDR 123, effective April 4, 1999; 26 SDR 168, effective June 27, 2000; 31 

SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 36 SDR 207, 

effective June 28, 2010.

General Authority: SDCL 34A-1-6, 34A-1-15.
21

Law Implemented: SDCL 34A-1-15.

74:36:02:03. Methods of sampling and analysis. Air pollutants of particulate matter, 

sulfur dioxide, carbon monoxide, ozone, nitrogen dioxide, and lead listed in 40 C.F.R. Part 50 

(July 1, 2009 July 1, 2012) shall be measured by the reference method or methods stated in 40 

C.F.R. Part 50, Appendix A to Appendix N, inclusive, (July 1, 2009 July 1, 2012) or an 

equivalent method designated in accordance with 40 C.F.R. Part 53 (July 1, 2009 July 1, 2012).

Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from 

§ 34:10:02:11, 7 SDR 4, effective July 27, 1980; transferred from § 44:10:02:09, effective July 1, 

1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; transferred from § 74:26:02:09, 19 SDR 

157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective 

April 4, 1999; 26 SDR 168, effective June 27, 2000; 31 SDR 101, effective January 2, 2005; 32 

SDR 209, effective June 13, 2006; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6, 34A-1-15.

Law Implemented: SDCL 34A-1-15.

74:36:02:04. Air quality monitoring network. The department shall outline ambient air 

monitoring goals, changes, and network design in the air quality monitoring network. The 

department shall revise the air quality monitoring network as required by 40 C.F.R. § 58.20 (July 

1, 2009 July 1, 2012).
22

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 25 

SDR 123, effective April 4, 1999; 26 SDR 168, effective June 27, 2000; 31 SDR 101, effective 

January 2, 2005; 32 SDR 209, effective June 13, 2006; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6, 34A-1-15.

Law Implemented: SDCL 34A-1-15.

74:36:02:05. Ambient air monitoring requirements. The operation of ambient air 

monitoring required by the department shall be consistent with 40 C.F.R. Part 58 (July 1, 2009

July 1, 2012). Records of monitoring activities and results shall be retained for a minimum of 

three years.

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 25 

SDR 123, effective April 4, 1999; 26 SDR 168, effective June 27, 2000; 31 SDR 101, effective 

January 2, 2005; 32 SDR 209, effective June 13, 2006; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6, 34A-1-15.

Law Implemented: SDCL 34A-1-15.

CHAPTER 74:36:03

AIR QUALITY EPISODES

Section
23

74:36:03:01 Air pollution emergency episode.

74:36:03:02 Episode emergency contingency plan.

74:36:03:01. Air pollution emergency episode. The proclamation of an air pollution 

emergency episode and its extent shall be made by the secretary, using the criteria in 40 C.F.R. 

§ 51.151 and Appendix L to Part 51 (July 1, 2009 July 1, 2012), if the accumulation of air 

pollutants in any place is attaining or has attained levels which could, if such levels are sustained 

or exceeded, lead to a substantial threat to the health of the public.

Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from 

§ 34:10:02:22, 7 SDR 4, effective July 27, 1980; transferred from § 44:10:02:17, effective July 1, 

1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; transferred from § 74:26:02:17, 19 SDR 

157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 31 SDR 101, effective

January 2, 2005; 32 SDR 209, effective June 13, 2006; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6, 34A-1-15.

Law Implemented: SDCL 34A-1-15.

74:36:03:02. Episode emergency contingency plan. The department shall develop an 

episode emergency contingency plan and maintain it following the requirements in 40 C.F.R. 

§ 51.152 (July 1, 2009 July 1, 2012). The department shall reevaluate the contingency plan in 

accordance with the requirements in 40 C.F.R. § 51.153 (July 1, 2009 July 1, 2012).
24

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 31 

SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 36 SDR 207, 

effective June 28, 2010.

General Authority: SDCL 34A-1-6, 34A-1-15.

Law Implemented: SDCL 34A-1-15.

CHAPTER 74:36:04

OPERATING PERMITS FOR MINOR SOURCES

Section

74:36:04:01 Applicability.

74:36:04:02 Minor source operating permit required.

74:36:04:02.01 Minor source operating permit exemption.

74:36:04:03 Emission unit exemptions.

74:36:04:03.01 Minor source operating permit variance.

74:36:04:04 Standard for issuance o a minor source operating permit.

74:36:04:05 Time period for operating permits and renewals.

74:36:04:06 Timely and complete application for operating permit required.

74:36:04:07 Required contents of complete application for operating permit.

74:36:04:08 Applicant required to supplement or correct application.

74:36:04:09 Permit application -- Completeness review.
25

74:36:04:10 Time period for department's recommendation.

74:36:04:11 Repealed.

74:36:04:12 Public participation in permitting process.

74:36:04:12.01 Public review of department's draft permit.

74:36:04:13 Final permit decision -- Notice to interested persons.

74:36:04:14 Right to petition for contested case hearing.

74:36:04:15 Contents of operating permit.

74:36:04:16 Operating permit expiration.

74:36:04:17 Renewal of operating permit.

74:36:04:18 Operating permit revision.

74:36:04:19 Administrative permit amendment.

74:36:04:20 Procedures for administrative permit amendments.

74:36:04:20.01 Minor permit amendment required.

74:36:04:20.02 Requirements for minor permit amendment.

74:36:04:20.03 Application for minor permit amendment.

74:36:04:20.04 Department deadline to approve minor permit amendment.

74:36:04:21 Permit modifications.

74:36:04:22 Source status change -- New permit required.

74:36:04:23 Reopening operating permit for cause.

74:36:04:24 Procedures to reopen operating permit.

74:36:04:25 and 74:36:04:26 Repealed.

74:36:04:27 Operating permit termination, revision, and revocation.

74:36:04:28 Notice of operating noncompliance -- Contents.
26

74:36:04:29 Petition for contested case on alleged violation.

74:36:04:30 Repealed.

74:36:04:31 Circumvention of emissions not allowed.

74:36:04:32 General permits.

74:36:04:33 Secretary may require an individual permit.

74:36:04:04. Standard for issuance of a minor source operating permit. An operating 

permit for a source or permit revision may be issued only if it has been shown that the operation 

of the source or permit revision will not prevent or interfere with the attainment or maintenance 

of an applicable national ambient air quality standard. Compliance with this requirement as 

determined by air pollution dispersion modeling is not affected by stack height that exceeds good 

engineering practice or by any other dispersion technique as defined in 40 C.F.R. § 51.100 (July 

1, 2009 July 1, 2012). Each source must comply with emission limits and other requirements of 

the act and the Clean Air Act. The minor source operating permit must include reasonable 

conditions, including adherence to plans and specifications, to assure compliance with the act, 

the Clean Air Act, and any other conditions justified under SDCL 34A-1-19.

Source: 2 SDR 40, effective December 7, 1975; transferred from § 34:10:01:08.02; 

transferred from § 44:10:01:12, effective July 1, 1981; 10 SDR 68, effective January 5, 1984; 12 

SDR 183, effective May 21, 1986; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 14 SDR 72, 

effective November 24, 1987; 16 SDR 88, effective November 14, 1989; 17 SDR 170, effective 

May 13, 1991; transferred from § 74:26:01:12, 19 SDR 157, effective April 22, 1993; 21 SDR 
27

119, effective January 5, 1995; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective 

June 13, 2006; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6, 34A-1-19, 34A-1-21.

Law Implemented: SDCL 34A-1-19, 34A-1-21.

74:36:04:05. Time period for operating permits and renewals. An operating permit for 

a minor source shall be issued for a period up to five years and all subsequent operating permits 

shall be for a period of five years.

Source: 2 SDR 40, effective December 7, 1975; transferred from § 34:10:01:21.04; 

transferred from § 44:10:01:32, effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective July 

1, 1987; 17 SDR 170, effective May 13, 1991; transferred from § 74:26:01:32, 19 SDR 157, 

effective April 22, 1993.

General Authority: SDCL 34A-1-6, 34A-1-21, 34A-1-24.

Law Implemented: SDCL 34A-1-21, 34A-1-24.

74:36:04:12. Public participation in permitting process. The department shall mail a 

copy of the draft permit for a minor source to the applicant. The department shall publish a 

public notice of the draft permit once in a legal newspaper in the county where the source is 

located. The notice must include a brief statement describing the source and where it is located; 

the department's recommendation and the reasons for it; the activity or activities involved in the 

permit action; the emissions change involved in any permit modification; a statement that a 

person may submit comments or contest the draft permit within 30 days after the publication of 
28

the notice; describe the procedures a person must follow to contest the draft permit and request a 

hearing in accordance with article 74:09; and a statement describing where copies of the draft 

permit or other information may be obtained. The department shall provide to the interested 

parties a 30-day notice of any hearing to contest a draft permit.

Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from 

§§ 34:10:01:02, 34:10:01:22.03, 7 SDR 4, effective July 27, 1980; transferred from 

§ 44:10:01:37, effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 14 SDR 

50, effective October 4, 1987; 17 SDR 170, effective May 13, 1991; transferred from 

§ 74:26:01:37, 19 SDR 157, effective April 22, 1993; 25 SDR 123, effective April 4, 1999; 36 

SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6, 34A-1-21.

Law Implemented: SDCL 1-26-27, 34A-1-21, 34A-1-30.

74:36:04:13. Final permit decision -- Notice to interested persons. The department 

shall make its final permit decision within 30 days of the end of the public comment period on a 

draft permit. The department shall notify, in writing, the applicant and each person that 

submitted written comments or requested notice of the final permit decision. The notice shall 

include reference to the procedures for contesting the final permit decision and requesting a 

hearing in accordance with article 74:09. For the purpose of this section, the final permit decision 

means proposing a permit, denying a permit, or terminating a permit.
29

The final permit will be issued within 30 days of notifying the applicant and each person 

that submitted written comments or requested notification of the final permit decision except 

under the following conditions:

(1) A later effective date is specified in the final permit decision;

(2) A contested case hearing is requested; or

(3) No comments or request for changes in the draft permit were received during the 

public notice period on the draft permit. In this case, the draft permit automatically becomes the 

final permit decision and the final permit is issued at the end of the public notice period.

Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from 

§§ 34:10:01:02, 34:10:01:22.04, 7 SDR 4, effective July 27, 1980; transferred from 

§ 44:10:01:38, effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 14 SDR 

50, effective October 4, 1987; 17 SDR 170, effective May 13, 1991; transferred from 

§ 74:26:01:38, 19 SDR 157, effective April 22, 1993; 25 SDR 123, effective April 4, 1999; 36 

SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6, 34A-1-21.

Law Implemented: SDCL 1-26-27, 1-26-29, 34A-1-21, 34A-1-30, 34A-1-34.

74:36:04:14. Right to petition for contested case hearing. The applicant or interested 

person may petition the board and obtain a contested case hearing to dispute the department's 

draft permit. Any other person may petition to intervene and request a hearing if the person has 

an interest affected by the department's draft permit. Such petitions must comply with the 
30

provisions of article 74:09 and be received by the department within 30 days after publication of 

the notice required by § 74:36:04:12.

The applicant or an interested person that comments on the draft permit may petition the 

board for and obtain a contested case hearing to dispute the department's final permit decision. 

Such petitions must comply with the provisions of article 74:09 and be received by the 

department within 30 days after receiving the department's final permit decision.

If the draft permit or the final permit decision is contested, the department shall present the 

draft permit or final permit decision to the board for action in accordance with article 74:09.

Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from 

§§ 34:10:01:02, 34:10:01:22.05, 7 SDR 4, effective July 27, 1980; transferred from 

§ 44:10:01:39, effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 14 SDR 

50, effective October 4, 1987; transferred from § 74:26:01:39, 19 SDR 157, effective April 22, 

1993; 25 SDR 123, effective April 4, 1999.

General Authority: SDCL 34A-1-6, 34A-1-21.

Law Implemented: SDCL 1-26-27, 1-26-29, 34A-1-21, 34A-1-30, 34A-1-34.

74:36:04:15. Contents of operating permit. An operating permit for a minor source shall 

include the following:

(1) The signature of either the secretary or the chairman;
31

(2) The name of the person, company, political subdivision, agency, or institution granted 

a permit;

(3) The type of operation;

(4) The facility and mailing address;

(5) The date the operating permit was granted and on which it will expire;

(6) A number for administrative reference;

(7) The name of a designated person or officer responsible for the source's operation;

(8) A statement granting an operating permit by the board or secretary and any conditions 

that the board or secretary may impose to ensure compliance with the act and the Clean Air Act;

(9) Emission limits and standards, including operational requirements and limits for all 

regulated emission units, necessary to assure compliance with applicable requirements of the act 

and the Clean Air Act;

(10) Monitoring and related record keeping and reporting requirements;

(11) A severability clause to ensure the continued validity of the various permit 

requirements if any portions of the permit are challenged; and

(12) Provisions stating the following:

(a) The permittee must comply with all conditions of the permit. Any permit 

noncompliance constitutes a violation and is grounds for enforcement action, permit termination, 

revocation and reissuance, permit revision, or denial of a permit renewal application;

(b) The operating permit may be revised, revoked and reissued, reopened, or terminated 

for cause;
32

(c) The operating permit does not convey any property rights of any sort or any 

exclusive privilege; and

(d) The permittee shall provide any information, including records, requested in writing 

by the department to determine whether cause exists for revising, revoking and reissuing, 

reopening, or terminating the permit or to determine compliance.

Source: 2 SDR 40, effective December 7, 1975; transferred from § 34:10:01:22.10, 7 SDR 

4, effective July 27, 1980; transferred from § 44:10:01:44, effective July 1, 1981; 13 SDR 129, 

13 SDR 141, effective July 1, 1987; 17 SDR 170, effective May 13, 1991; transferred from 

§ 74:26:01:44, 19 SDR 157, effective April 22, 1993; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6, 34A-1-21.

Law Implemented: SDCL 34A-1-21, 34A-1-30.

CHAPTER 74:36:05

OPERATING PERMITS FOR PART 70 SOURCES

Section

74:36:05:01 Applicability.

74:36:05:02 Part 70 operating permit required.
33

74:36:05:03 Sources required to obtain a Part 70 operating permit.

74:36:05:03.01 Repealed.

74:36:05:04 Sources exempt from obtaining a Part 70 operating permit.

74:36:05:04.01 Insignificant activities.

74:36:05:05 Transferred.

74:36:05:06 Standard for issuance of a Part 70 permit.

74:36:05:06.01 Fees required for operating permit.

74:36:05:07 Time period for operating permits and renewals.

74:36:05:08 Timely and complete application for operating permit required.

74:36:05:09 Complete application.

74:36:05:10 and 74:36:05:11 Transferred.

74:36:05:12 Required contents of complete application.

74:36:05:13 Applicant required to supplement or correct application.

74:36:05:14 Repealed.

74:36:05:15 Deadline for final action on permit application.

74:36:05:16 Statement of basis for recommended permit conditions.

74:36:05:16.01 Operating permit requirements.

74:36:05:17 Public participation in permitting process.

74:36:05:18 Public and affected state review of draft permit.

74:36:05:19 Transferred.

74:36:05:20 Repealed.

74:36:05:20.01 Final permit decision -- Notice to interested persons.

74:36:05:20.02 Petitions for contested case hearing.
34

74:36:05:20.03 EPA review of Part 70 operating permit.

74:36:05:21 EPA objection to issuance of operating permit.

74:36:05:21.01 Department response to EPA objection.

74:36:05:22 Department failure to meet EPA objection deadline.

74:36:05:23 Public petition to EPA on the final permit.

74:36:05:24 Repealed.

74:36:05:25 to 74:36:05:27 Transferred.

74:36:05:28 Permit expiration.

74:36:05:29 Permit renewal.

74:36:05:30 Permit flexibility.

74:36:05:31 Permit amendment -- Application required.

74:36:05:32 Administrative permit amendment required.

74:36:05:33 Procedure for administrative permit amendments.

74:36:05:34 Minor permit amendment required.

74:36:05:35 Requirements for minor permit amendments.

74:36:05:36 Application for minor permit amendment.

74:36:05:37 Notification of EPA and affected states required.

74:36:05:38 Department deadline to approve minor permit amendment.

74:36:05:39 Permit modifications.

74:36:05:40 Reopening operating permit for cause.

74:36:05:41 Procedures to reopen permit.

74:36:05:42 Reopening permit for cause by EPA.

74:36:05:43 EPA review of proposed determination.
35

74:36:05:44 Department failure to submit proposed determination.

74:36:05:45 Repealed.

74:36:05:46 Permit termination, modification, revocation, and reissuance by 

department.

74:36:05:47 Notice of operating noncompliance -- Contents.

74:36:05:47.01 Circumvention of emissions not allowed.

74:36:05:48 Petition for contested case on alleged violation.

74:36:05:49 Repealed.

74:36:05:50 Federal enforceability of permit conditions.

74:36:05:51 General permits.

74:36:05:52 Secretary may require an individual permit.

74:36:05:04. Sources exempt from obtaining a Part 70 operating permit. The 

following sources are exempt from obtaining a Part 70 operating permit:

(1) All sources that are not included in § 74:36:05:03;

(2) Sources that operate a unit subject to 40 C.F.R. 60, Subpart AAA-Standards of 

Performance for New Residential Wood Heaters (July 1, 2009 July 1, 2012) are exempt from the 

obligation to obtain a Part 70 operating permit if the source is not required to obtain a Part 70 

operating permit for a reason other than the source is subject to Subpart AAA. Exempted sources 

must still meet the applicable requirements in Subpart AAA; or
36

(3) Sources that operate a unit subject to 40 C.F.R. § 61.145, Standard for Demolition and 

Renovation (July 1, 2009 July 1, 2012) are exempt from the obligation to obtain a Part 70 

operating permit if the source is not required to obtain a Part 70 operating permit for a reason 

other than the source is subject to 40 C.F.R. § 61.145 (July 1, 2009 July 1, 2012). Exempted 

sources must still meet the applicable requirements in 40 C.F.R. § 61.145 (July 1, 2009 July 1, 

2012).

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 31 

SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 36 SDR 207, 

effective June 28, 2010.

General Authority: SDCL 34A-1-6, 34A-1-21.

Law Implemented: SDCL 34A-1-12, 34A-1-21.

74:36:05:06. Standard for issuance of a Part 70 operating permit. A Part 70 operating 

permit for a source or permit revision may be issued only if it has been shown that the operation 

of the source or permit revision will not prevent or interfere with the attainment or maintenance 

of an applicable ambient air quality standard. Compliance with this requirement as determined 

by air pollution dispersion modeling is not affected by stack height that exceeds good 

engineering practice or by any other dispersion technique as defined in 40 C.F.R. § 51.100 (July 

1, 2009 July 1, 2012). Each source must comply with emission limits and other requirements of 

the act and the Clean Air Act. A Part 70 operating permit must include reasonable conditions, 

including adherence to plans and specifications, to assure compliance with the act, the Clean Air 

Act, and any other conditions justified under SDCL 34A-1-19.
37

Source: 2 SDR 40, effective December 7, 1975; transferred from § 34:10:01:08.02; 

transferred from § 44:10:01:12, effective July 1, 1981; 10 SDR 68, effective January 5, 1984; 12 

SDR 183, effective May 21, 1986; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 14 SDR 72, 

effective November 24, 1987; 16 SDR 88, effective November 14, 1989; 17 SDR 170, effective 

May 13, 1991; transferred from § 74:26:01:12, 19 SDR 157, effective April 22, 1993; 20 SDR 

125, effective February 9, 1994; 21 SDR 119, effective January 5, 1995; 31 SDR 101, effective 

January 2, 2005; 32 SDR 209, effective June 13, 2006; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6, 34A-1-19, 34A-1-21.

Law Implemented: SDCL 34A-1-19, 34A-1-21.

74:36:05:07. Time period for operating permits and renewals. A permit for an affected 

source under Title IV of the Clean Air Act shall be for a fixed term of five years. Operating 

permits for all Part 70 sources shall be issued for a period up to five years, and all subsequent 

operating permits shall be for a period of five years. A permit issued for a solid waste incinerator 

subject to the requirements of § 129(e) of the Clean Air Act shall be for a period not to exceed 12 

years and shall be reviewed by the department every five years.

Source: 2 SDR 40, effective December 7, 1975; transferred from § 34:10:01:21.04; 

transferred from § 44:10:01:32, effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective July 

1, 1987; 17 SDR 170, effective May 13, 1991; transferred from § 74:26:01:32, 19 SDR 157, 

effective April 22, 1993; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6, 34A-1-21, 34A-1-24.
38

Law Implemented: SDCL 34A-1-21, 34A-1-24.

74:36:05:16.01. Operating permit requirements. Each permit issued for the operation 

of a Part 70 source must contain:

(1) The name of the person, company, political subdivision, agency, or institution granted 

a permit;

(2) The type of operation;

(3) The facility and mailing address;

(4) The date the operating permit was granted and on which it will expire;

(5) A number for administrative reference;

(6) The name of a designated person or officer responsible for the source's operation;

(7) A statement granting an operating permit by the board or secretary and any conditions 

that the board or secretary may impose to ensure compliance with the act and the Clean Air Act;
39

(8) Emission limits and standards, including operational requirements and limits for all 

regulated emission units, necessary to assure compliance with applicable requirements of the act 

and the Clean Air Act and including the following:

(a) The reference of authority for each term or condition;

(b) The applicable requirements from the Clean Air Act and from Title IV requirements 

of the Clean Air Act, reviewing both requirements and distinguishing which is more stringent 

and incorporating both into the permit; and

(c) If an alternative emission limit is approved in the state implementation plan (SIP), 

provisions to ensure that the alternative emission limit in the permit issuance, renewal, or permit 

modification process has been demonstrated to be equivalent to the applicable emission limit in 

the state implementation plan and is quantifiable, accountable, enforceable, and based on 

replicable procedures;

(9) Monitoring and related record keeping and reporting requirements, consisting of at 

least the following:

(a) All emissions monitoring and analysis procedures, alternative approved methods or 

test methods required under the applicable requirements, including procedures and methods in 

§ 504(b) or 114(a)(3) of the Clean Air Act;
40

(b) If the applicable requirement does not require periodic testing or instrumental or 

noninstrumental monitoring, periodic monitoring sufficient to yield reliable data from the 

relevant time period that are representative of the source's compliance with the permit. Such 

monitoring requirements must assure use of terms, test methods, units, averaging periods, and 

other statistical conventions consistent with the applicable requirement;

(c) As necessary, documentation of the use, maintenance, and if appropriate, 

installation of monitoring equipment or methods;

(d) Documentation of the following:

(i) The date, place as defined in the permit, and time of sampling or 

measurements;

(ii) The date or dates analyses were performed;

(iii) The company or entity that performed the analyses;

(iv) The analytical techniques or methods used;

(v) The results of such analyses; and

(vi) The operating conditions as existing at the time of sampling or 

measurement;

(e) Record keeping and reporting requirements that comply with the following:
41

(i) Submission of reports of any required monitoring must occur at least every 

six months. Reports must clearly identify all deviations from permit requirements and conditions. 

All required reports must be certified by a responsible official; and

(ii) Deviations from permit requirements, including those attributable to upset 

conditions as defined in the permit, the probable cause of such deviations and any corrective 

actions or preventive measures taken must be promptly reported and certified by a responsible 

official; and

(f) Requirements for retention of monitoring records and all supporting documentation 

for at least five years from the date of the monitoring sample, measurement, report, or 

application; and

(10) If applicable, a condition prohibiting emissions exceeding any allowances that the 

source lawfully holds, exceedances of applicable emission rates, and the use of any allowance 

prior to the year for which it was allocated under the Title IV program of the Clean Air Act;

(11) A severability clause asserting the continued validity of permit requirements if any 

portions of the permit are challenged;

(12) Provisions stating the following:
42

(a) The permittee must comply with all conditions of the permit. Any permit 

noncompliance constitutes a violation and is grounds for enforcement action, permit termination, 

revocation and reissuance, permit revision, or denial of a permit renewal application;

(b) A permittee in an enforcement action may not use the defense that it would have 

been necessary to cease or reduce the permitted activity in order to maintain compliance;

(c) The permit may be revised, revoked and reissued, reopened, or terminated for 

cause. The filing of a request by the permittee for a permit revision, revocation and reissuance, or 

termination or of a notification of planned changes or anticipated noncompliance does not stay 

any permit condition;

(d) The permit does not convey property rights of any sort or any exclusive privilege; 

and

(e) The permittee must provide any information, including records, requested in writing 

by the department to determine whether cause exists for revising, revoking and reissuing, 

reopening, or terminating the permit or to determine compliance;

(13) Terms and conditions for reasonably anticipated operating scenarios identified by the 

source in its application and approved by the department. The terms and conditions must require 

the source, contemporaneously with making a change from one operating scenario to another, to 

record in a log at the permitted facility a record of the scenario under which it is operating and 
43

must ensure that the terms and conditions of each such alternative scenario meet all requirements 

of the Clean Air Act;

(14) Compliance requirements that contain the following:

(a) A compliance certification and testing, monitoring, reporting, and recordkeeping 

requirements sufficient to assure compliance with the terms and conditions of the permit. All 

documents, including reports, required by the permit must be certified by a responsible official 

consistent with subdivision 74:36:05:12(17). The compliance certification must be submitted 

annually from the date of permit issuance to the department and EPA;

(b) Inspection and entry requirements that require the permittee to allow the department 

or an authorized representative to perform the following:

(1) Enter upon the permittee's premises where a Part 70 source is located or 

emissions-related activity is conducted or where records must be kept under the conditions of the 

permit;

(2) Have access to and copy, at reasonable times, any records that must be kept 

under the conditions of the permit;

(3) Inspect at reasonable times any facilities, equipment, practices, or operations 

regulated or required under the permit; and
44

(4) As authorized by the Clean Air Act, sample or monitor at reasonable times 

substances or parameters for the purpose of assuring compliance with the permit or applicable 

requirements;

(c) A compliance plan in accordance with subdivision 74:36:05:12(15), including 

progress reports on noncompliance indicating the dates that compliance will be achieved or the 

dates that compliance was achieved as referred to in a schedule of compliance. The report must 

state an explanation for not attaining dates of compliance and must be submitted to the 

department semiannually or more frequently as required by the department; and

(d) A compliance certification in accordance with subdivision 74:36:05:12(16);

(15) A condition requiring a Part 70 source to pay any required fees;

(16) A condition stating that no permit revisions are required for increases in emissions 

allowed through emissions trading to the extent that such trades are authorized by the applicable 

requirements of the Clean Air Act;

(17) Any provisions the department uses to issue general permits that are in accordance 

with 40 C.F.R. Part 70.6(d) (July 1, 2009 July 1, 2012);
45

(18) Provisions for permit emission exceedances due to emergencies that are in 

accordance with the requirements in 40 C.F.R. Part 70.6(g) (July 1, 2009 July 1, 2012); and

(19) All applicable requirements of the Clean Air Act.

Source: 19 SDR 157, effective April 22, 1993; transferred from § 74:36:05:27, 20 SDR 

125, effective February 9, 1994; 21 SDR 119, effective January 5, 1995; 31 SDR 101, effective 

January 2, 2005; 32 SDR 209, effective June 13, 2006; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6, 34A-1-21.

Law Implemented: SDCL 34A-1-12, 34A-1-21.

74:36:05:20.01. Final permit decision -- Notice to interested persons. The department 

shall make its final permit decision within 30 days of the end of the public comment period on a 

draft permit. The department shall notify, in writing, the applicant and each person or affected 

state that submitted written comments or requested notice of the final permit decision. The notice 

shall include reference to the procedures for contesting the final permit decision and requesting a 

hearing in accordance with article 74:09. For the purpose of this section, the final permit decision 

means proposing a permit, denying a permit, or terminating a permit.

The proposed Part 70 operating permit must be submitted to EPA within 30 days of 

notifying the applicant and each person or affected state that submitted written comments or 

requested notification of the final permit decision except under the following conditions:

(1) A later effective date is specified in the final permit decision;
46

(2) A contested case hearing is requested; or

(3) No comments or request for changes in the draft permit were received during the 

public notice period on the draft permit. In this case, the draft permit automatically becomes the 

final permit decision and the proposed Part 70 operating permit is submitted to EPA.

Source: 19 SDR 157, effective April 22, 1993; transferred from § 74:36:05:25, 20 SDR 

125, effective February 9, 1994; 25 SDR 123, effective April 4, 1999; 36 SDR 207, effective 

June 28, 2010.

General Authority: SDCL 34A-1-6, 34A-1-21.

Law Implemented: SDCL 1-26-27, 1-26-29, 34A-1-21, 34A-1-30, 34A-1-34.

74:36:05:20.02. Petitions for contested case hearing. The applicant, interested person, 

or affected state may petition the board and obtain a contested case hearing to dispute the 

department's draft permit. Any other person may petition to intervene and request a hearing if the 

person has an interest affected by the department's draft permit. Such petitions must comply with 

the provisions of article 74:09 and be received by the department within 30 days after the notice 

required by § 74:36:05:17.

The applicant or an interested person or affected state that comments on the draft permit 

may petition the board for and obtain a contested case hearing to dispute the department's final 

permit decision. Such petitions must comply with the provisions of article 74:09 and be received 

by the department within 30 days after the applicant, interested person, or affected state receives 

the department's final permit decision.
47

If the draft permit or the final permit decision is contested, the department shall present the 

draft permit or final permit decision to the board for action in accordance with article 74:09.

Source: SL 1975, ch 16, §1; 2 SDR 40, effective December 7, 1975; transferred from 

§§ 34:10:01:02, 34:10:01:22.05, 7 SDR 4, effective July 27, 1980; transferred from 

§ 44:10:01:39, effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 14 SDR 

50, effective October 4, 1987; transferred from § 74:26:01:39, 19 SDR 157, effective April 22, 

1993; transferred from § 74:36:05:26, 20 SDR 125, effective February 9, 1994; 21 SDR 119, 

effective January 5, 1995; 25 SDR 123, effective April 4, 1999.

General Authority: SDCL 34A-1-6, 34A-1-21.

Law Implemented: SDCL 1-26-27, 1-26-29, 34A-1-21, 34A-1-30, 34A-1-34.

CHAPTER 74:36:07

NEW SOURCE PERFORMANCE STANDARDS

Section

74:36:07:01 New source performance standards.

74:36:07:02 Standards of performance for fossil fuel-fired steam generators.

74:36:07:03 Standards of performance for electric utility steam generators.

74:36:07:04 Standards of performance for industrial, commercial, and institutional steam 

generating units.

74:36:07:05 Standards of performance for small industrial, commercial, and institutional 

steam generating units.
48

74:36:07:06 Standards of performance for incinerators.

74:36:07:06.01 Standards of performance for hospital/medical/infectious waste incinerators 

constructed on or before June 20, 1996.

74:36:07:06.02 Standards of performance for hospital/medical/infectious waste incinerators for 

which construction is commenced after June 20, 1996.

74:36:07:07 Standards of performance for municipal waste combustors.

74:36:07:07.01 Standards of performance for municipal combustors constructed after September 

20, 1994.

74:36:07:08 Ash disposal requirements.

74:36:07:09 Standards of performance for portland cement plants.

74:36:07:10 Standards of performance for asphalt concrete plants.

74:36:07:11 Repealed.

74:36:07:12 Standards of performance for storage vessels of petroleum liquids constructed 

after June 11, 1973, and before May 19, 1978.

74:36:07:13 Standards of performance for storage vessels of petroleum liquids constructed 

after May 18, 1978, and before July 24, 1984.

74:36:07:14 Standards of performance for volatile organic liquid storage vessels (including 

petroleum liquid storage vessels) for which construction, reconstruction, or 

modification commenced after July 23, 1984.

74:36:07:15 Standards of performance for sewage treatment plants.

74:36:07:16 Standards of performance for coal preparation plants.

74:36:07:17 Standards of performance for grain elevators.

74:36:07:18 Standards of performance for stationary gas turbines.
49

74:36:07:19 Standards of performance for lime manufacturing plants.

74:36:07:20 Standards of performance for metallic mineral processing plants.

74:36:07:21 Standards of performance for pressure-sensitive tape and label surface coating 

operations.

74:36:07:22 Standards of performance for equipment leaks of VOC in the synthetic organic 

chemicals manufacturing industry.

74:36:07:22.01 Standards of performance for equipment leaks of VOC in the synthetic organic 

chemicals manufacturing industry for which construction, reconstruction, or 

modification commenced after November 7, 2006.

74:36:07:23 Standards of performance for bulk gasoline terminals.

74:36:07:24 Standards of performance for new residential wood heaters.

74:36:07:25 Standards of performance for petroleum dry cleaners.

74:36:07:26 Standards of performance for VOC emissions from synthetic organic chemical 

manufacturing industry (SOCMI) distillation operations.

74:36:07:27 Standards of performance for nonmetallic mineral processing plants.

74:36:07:28 Standards of performance for magnetic tape coating facilities.

74:36:07:29 Operating requirements for wire reclamation furnaces.

74:36:07:30 Monitoring requirements for wire reclamation furnaces.

74:36:07:31 Standards of performance for graphic arts industry -- Publication rotogravure 

printing.

74:36:07:32 Standards of performance for volatile organic compound emissions from 

synthetic organic chemical manufacturing industry (SOCMI) reactor 

processes.
50

74:36:07:33 Standards of performance for calciners and dryers in mineral industries.

74:36:07:34 Existing municipal solid waste landfill.

74:36:07:35 Plan submittal by existing municipal solid waste landfills.

74:36:07:36 Collection system.

74:36:07:37 Control system.

74:36:07:38 Compliance schedule for existing municipal solid waste landfills.

74:36:07:39 Existing municipal solid waste landfill operational standards for collection and 

control systems.

74:36:07:40 Existing municipal solid waste landfill compliance provisions.

74:36:07:41 Existing municipal solid waste landfill monitoring provisions.

74:36:07:42 Existing municipal solid waste landfill reporting and recordkeeping.

74:36:07:42.01 Additional reporting for existing municipal solid waste landfills.

74:36:07:43 Standards of performance for new municipal solid waste landfills.

74:36:07:44 Standards of performance for nitric acid plants.

74:36:07:45 Standards of performance for sulfuric acid plants.

74:36:07:46 Standards of performance for petroleum refineries.

74:36:07:46.01 Standards of performance for petroleum refineries for which construction, 

reconstruction, or modification commenced after May 14, 2007.

74:36:07:47 Standards of performance for secondary lead smelters.

74:36:07:48 Standards of performance for secondary brass and bronze production plants.

74:36:07:49 Standards of performance for primary emissions from basic oxygen process 

furnaces for which construction commenced after June 11, 1973.
51

74:36:07:50 Standards of performance for secondary emissions from basic oxygen process 

steelmaking facilities for which construction commenced after January 20, 

1983.

74:36:07:51 Standards of performance for primary copper smelter.

74:36:07:52 Standards of performance for primary zinc smelter.

74:36:07:53 Standards of performance for primary lead smelter.

74:36:07:54 Standards of performance for primary aluminum reduction plant.

74:36:07:55 Standards of performance for wet-process phosphoric acid plant.

74:36:07:56 Standards of performance for superphosphoric acid plant.

74:36:07:57 Standards of performance for diammonium phosphate plant.

74:36:07:58 Standards of performance for triple superphosphate plant.

74:36:07:59 Standards of performance for granular triple superphosphate storage facility.

74:36:07:60 Standards of performance for ferroalloy production plant.

74:36:07:61 Standards of performance for electric arc furnaces and argon-oxygen 

decarburization vessels constructed after August 17, 1983.

74:36:07:62 Standards of performance for kraft pulp mills.

74:36:07:63 Standards of performance for glass manufacturing plant.

74:36:07:64 Standards of performance for surface coating of metal furniture.

74:36:07:65 Standards of performance for lead-acid battery manufacturing plant.

74:36:07:66 Standards of performance for automobile and light duty truck surface coating 

operations.

74:36:07:67 Standards of performance for phosphate rock plants.

74:36:07:68 Standards of performance for ammonium sulfate manufacture.
52

74:36:07:69 Standards of performance for industrial surface coating -- Large appliances.

74:36:07:70 Standards of performance for metal coil surface coating.

74:36:07:71 Standards of performance for asphalt processing and asphalt roofing anufacture.

74:36:07:72 Standards of performance for beverage can surface coating industry.

74:36:07:73 Standards of performance for rubber tire manufacturing industry.

74:36:07:74 Standards of performance for volatile organic compound emissions from 

polymer manufacturing industry.

74:36:07:75 Standards of performance for flexible vinyl and urethane coating and printing.

74:36:07:76 Standards of performance for equipment leaks of VOC in petroleum refineries.

74:36:07:76.01 Standards of performance for equipment leaks of VOC in petroleum refineries.

74:36:07:77 Standards of performance for synthetic fiber production facility.

74:36:07:78 Standards of performance for VOC emissions from synthetic organic chemical 

manufacturing industry air oxidation unit process.

74:36:07:79 Standards of performance for equipment leaks of VOC from onshore natural gas 

processing plant.

74:36:07:80 Standards of performance for onshore natural gas processing.

74:36:07:81 Standards of performance for wool fiberglass insulation manufacturing plant.

74:36:07:82 Standards of performance for VOC emissions from petroleum refinery 

wastewater system.

74:36:07:83 Standards of performance for industrial surface coating -- Surface coating of 

plastic parts for business machines.

74:36:07:84 Standards of performance for polymeric coating of supporting substrates facility.
53

74:36:07:85 Standards of performance for small municipal waste combustion units for which 

construction commenced after August 30, 1999, or modification or 

reconstruction commenced after June 6, 2001.

74:36:07:86 Standards of performance for commercial and industrial solid waste incineration 

units for which construction commenced after November 30, 1999, or 

modification or reconstruction commenced on or after June 1, 2001.

74:36:07:87 Standards of performance for other solid waste incineration units for which 

construction commenced after December 9, 2004, or modification or 

reconstruction commenced on or after June 16, 2006.

74:36:07:88 Standards of performance for stationary compression ignition internal 

combustion engines.

74:36:07:89 Standards of performance for stationary combustion turbines.

74:36:07:90 Standards of performance for stationary spark ignition internal combustion 

engines.

74:36:07:91 Standards of performance for nitric acid plants for which construction, 

reconstruction, or modification commenced after October 14, 2011.

74:36:07:92 Standards of performance for new sewage sludge incineration units.

74:36:07:01. New source performance standards. The general provisions for new 

source performance standards are those in 40 C.F.R. §§ 60.1 to 60.19, inclusive, (July 1, 2009

July 1, 2012). For the purposes of this chapter, "administrator" means the secretary, except for 

those authorities that cannot be delegated to the state, in which case "administrator" means both 

the administrator of the Environmental Protection Agency and the secretary.
54

Source: 14 SDR 72, effective November 24, 1987; 16 SDR 88, effective November 14, 

1989; 17 SDR 170, effective May 13, 1991; transferred from § 74:26:08:43, 19 SDR 157, 

effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective 

December 29, 1996; 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 

2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 

217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:02. Standards of performance for fossil fuel-fired steam generators. The 

standards of performance for fossil fuel-fired steam generators are those in 40 C.F.R. §§ 60.40 to 

60.46, inclusive, (July 1, 2009 July 1, 2012).

Source: 14 SDR 72, effective November 24, 1987; 17 SDR 170, effective May 13, 1991; 

transferred from § 74:26:09:07, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective 

January 5, 1995; 23 SDR 106, effective December 29, 1996; 26 SDR 168, effective June 27, 

2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 

209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 

28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:03. Standards of performance for electric utility steam generators. The 
55

standards of performance for electric utility steam generators are those in 40 C.F.R. §§ 60.40Da 

to 60.49Da, inclusive, § 60, Subpart Da (July 1, 2009 July 1, 2012).

Source: 14 SDR 72, effective November 24, 1987; 17 SDR 170, effective May 13, 1991; 

transferred from § 74:26:10:15, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective 

January 5, 1995; 23 SDR 106, effective December 29, 1996; 26 SDR 168, effective June 27, 

2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 

209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 

28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:04. Standards of performance for industrial, commercial, and institutional 

steam generating units. The standards of performance for industrial, commercial, and 

institutional steam generating units are those in 40 C.F.R. §§ 60.40b to 60.49b, inclusive, (July 1, 

2009 July 1, 2012).

Source: 16 SDR 88, effective November 14, 1989; 17 SDR 170, effective May 13, 1991; 

transferred from § 74:26:24:01, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective 

January 5, 1995; 23 SDR 106, effective December 29, 1996; 26 SDR 168, effective June 27, 

2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 

209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 

28, 2010.
56

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:05. Standards of performance for small industrial, commercial, and 

institutional steam generating units. The standards of performance for small industrial, 

commercial, and institutional steam generating units are those in 40 C.F.R. §§ 60.40c to 60.48c, 

inclusive, (July 1, 2009 July 1, 2012). A source that operates a unit subject to 40 C.F.R. 

§§ 60.40c to 60.48c, inclusive, (July 1, 2009 July 1, 2012) is exempt from the obligation to 

obtain a Part 70 operating permit, if the source burns solely natural gas or propane and is not 

required to obtain a Part 70 operating permit for a reason other than the source is subject to 40 

C.F.R. §§ 60.40c to 60.48c, inclusive, (July 1, 2009 July 1, 2012). Exempted sources must still 

meet the applicable requirements in 40 C.F.R. §§ 60.40c to 60.48c, inclusive, (July 1, 2009 July 

1, 2012).

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 

SDR 106, effective December 29, 1996; 26 SDR 168, effective June 27, 2000; 30 SDR 26, 

effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 

13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.
57

74:36:07:06. Standards of performance for incinerators. The standards of performance 

for incinerators are those in 40 C.F.R. §§ 60.50 to 60.54, inclusive, (July 1, 2009 July 1, 2012).

Source: 14 SDR 72, effective November 24, 1987; 17 SDR 170, effective May 13, 1991; 

transferred from § 74:26:11:06, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective 

January 5, 1995; 23 SDR 106, effective December 29, 1996; 30 SDR 26, effective September 1, 

2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 

217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:06.01. Standards of performance for hospital/medical/infectious waste 

incinerators constructed on or before June 20, 1996. 40 C.F.R. Part 60, Subpart Ce (July 1, 

2009 July 1, 2012), is incorporated into this rule by reference. Designated facilities under 

Subpart Ce shall comply with the requirements for state plan approval in 40 C.F.R. §§ 60.32e to 

60.38e, inclusive, (July 1, 2009 July 1, 2012).

The owner or operator of a hospital/medical/infectious waste incinerator constructed on or 

before June 20, 1996, that decides to cease operation shall notify the department within six 

months of EPA's approval of the state plan for hospital/medical/infectious waste incinerators. 

The written notification shall inform the department of when the unit will be shutdown. The 
58

shutdown date may not exceed one year after EPA's approval of the state plan for 

hospital/medical/infectious waste incinerators.

The owner or operator of a hospital/medical/infectious waste incinerator constructed on or 

before June 20, 1996, that decides to comply with the requirements of this section shall submit a 

compliance plan within six months of state plan approval that meets the following deadlines:

(1) Submit a Part 70 operating permit application and design drawings of the air pollution 

control device to the department within one year of state plan approval;

(2) Submit a copy of the purchase order or other documentation indicating an order has 

been placed for the major components of the air pollution control device within 15 months of 

state plan approval;

(3) Begin initiation of site preparation for installation of the air pollution control device 

within 2 years after state plan approval;

(4) Complete installation of the air pollution control device within 30 months after state 

plan approval; and

(5) Conduct a performance test within 33 months after state plan approval.
59

The owner or operator shall comply with 40 C.F.R. §§ 60.34e and 60.36e (July 1, 2009) 

within one year after state plan approval. The owner or operator shall comply with the remaining 

requirements in this section within three years after state plan approval or by September 15, 

2002, whichever is earlier.

Source: 25 SDR 123, effective April 4, 1999; 26 SDR 168, effective June 27, 2000; 30 

SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, 

effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 

2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:06.02. Standards of performance for hospital/medical/infectious waste 

incinerators for which construction is commenced after June 20, 1996. The standards of 

performance for hospital/medical/infectious waste incinerators constructed after June 20, 1996, 

are those in 40 C.F.R. §§ 60.50c to 60.58c (July 1, 2009 July 1, 2012).

Source: 25 SDR 123, effective April 4, 1999; 26 SDR 168, effective June 27, 2000; 30 

SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, 

effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 

2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.
60

74:36:07:07. Standards of performance for municipal waste combustors. The 

standards of performance for municipal waste combustors are those in 40 C.F.R. §§ 60.50a to 

60.59a, inclusive, (July 1, 2009 July 1, 2012).

Source: 17 SDR 69, effective November 22, 1990; 17 SDR 170, effective May 13, 1991; 

18 SDR 90, effective November 24, 1991; transferred from § 74:26:26:01, 19 SDR 157, effective 

April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 

1996; 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 

101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 

13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:07.01. Standards of performance for municipal combustors constructed 

after September 20, 1994. The standards of performance for municipal waste combustors 

constructed after September 20, 1994, or modified or reconstructed after June 19, 1996, are those 

in 40 C.F.R. §§ 60.50b to 60.59b, inclusive, (July 1, 2009 July 1, 2012).

Source: 23 SDR 106, effective December 29. 1996; 25 SDR 123, effective April 4, 1999; 

26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, 

effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 

2007; 36 SDR 207, effective June 28, 2010.
61

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:09. Standards of performance for portland cement plants. The standards of 

performance for portland cement plants are those in 40 C.F.R. §§ 60.60 to 60.66, inclusive, (July 

1, 2009 July 1, 2012).

Source: 14 SDR 72, effective November 24, 1987; 17 SDR 170, effective May 13, 1991; 

transferred from § 74:26:12:06, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective 

January 5, 1995; 23 SDR 106, effective December 29, 1996; 26 SDR 168, effective June 27, 

2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 

209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 

28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:10. Standards of performance for asphalt concrete plants. The standards of 

performance for asphalt concrete plants are those in 40 C.F.R. §§ 60.90 to 60.93, inclusive, (July 

1, 2009 July 1, 2012).

Source: 14 SDR 72, effective November 24, 1987; 17 SDR 170, effective May 13, 1991; 

transferred from § 74:26:13:05, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective 

January 5, 1995; 23 SDR 106, effective December 29, 1996; 30 SDR 26, effective September 1, 
62

2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 

217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:12. Standards of performance for storage vessels of petroleum liquids 

constructed after June 11, 1973, and before May 19, 1978. The standards of performance for 

storage vessels of petroleum liquids constructed after June 11, 1973, and before May 19, 1978, 

are those in 40 C.F.R. §§ 60.110 to 60.113, inclusive, (July 1, 2009 July 1, 2012). A source that 

operates a unit subject to 40 C.F.R. §§ 60.110 to 60.113, inclusive, (July 1, 2009) is exempt from 

the obligation to obtain a Part 70 operating permit if the unit is not required to install controls 

and if the source is not required to obtain a Part 70 operating permit for a reason other than the 

source is subject to 40 C.F.R. §§ 60.110 to 60.113, inclusive, (July 1, 2009 July 1, 2012). 

Exempted sources must still meet the applicable requirements in 40 C.F.R. §§ 60.110 to 60.113, 

inclusive, (July 1, 2009 July 1, 2012).

Source: 14 SDR 72, effective November 24, 1987; 17 SDR 170, effective May 13, 1991; 

transferred from § 74:26:14:05, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective 

January 5, 1995; 23 SDR 106, effective December 29, 1996; 30 SDR 26, effective September 1, 

2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 

217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.
63

74:36:07:13. Standards of performance for storage vessels of petroleum liquids 

constructed after May 18, 1978, and before July 24, 1984. The standards of performance for 

storage vessels of petroleum liquids constructed after May 18, 1978, and before July 24, 1984, 

are those in 40 C.F.R. §§ 60.110a to 60.115a, inclusive, (July 1, 2009 July 1, 2012). A source 

that operates a unit subject to 40 C.F.R. §§ 60.110a to 60.115a, inclusive, (July 1, 2009 July 1, 

2012) is exempt from the obligation to obtain a Part 70 operating permit if the unit is not 

required to install controls and if the source is not required to obtain a Part 70 operating permit 

for a reason other than the source is subject to 40 C.F.R. §§ 60.110a to 60.115a, inclusive, (July 

1, 2009). Exempted sources must still meet the applicable requirements in 40 C.F.R. §§ 60.110a 

to 60.115a, inclusive, (July 1, 2009 July 1, 2012).

Source: 14 SDR 72, effective November 24, 1987; 16 SDR 88, effective November 14, 

1989; 17 SDR 170, effective May 13, 1991; transferred from § 74:26:20:19, 19 SDR 157, 

effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective 

December 29, 1996; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 

2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, 

effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:14. Standards of performance for volatile organic liquid storage vessels 

(including petroleum liquid storage vessels) for which construction, reconstruction, or 
64

modification commenced after July 23, 1984. The standards of performance for volatile 

organic liquid storage vessels (including petroleum liquid storage vessels) for which 

construction, reconstruction, or modification commenced after July 23, 1984, are those in 40 

C.F.R. §§ 60.110b to 60.117b, inclusive, (July 1, 2009 July 1, 2012). A source that operates a 

unit subject to 40 C.F.R. §§ 60.110b to 60.117b, inclusive, (July 1, 2009 July 1, 2012) is exempt 

from the obligation to obtain a Part 70 operating permit if the unit is not required to install 

controls and if the source is not required to obtain a Part 70 operating permit for a reason other

than the source is subject to 40 C.F.R. §§ 60.110b to 60.117b, inclusive, (July 1, 2009 July 1, 

2012). Exempted sources must still meet the applicable requirements in 40 C.F.R. §§ 60.110b to 

60.117b, inclusive, (July 1, 2009 July 1, 2012).

Source: 16 SDR 88, effective November 14, 1989; 17 SDR 170, effective May 13, 1991; 

transferred from § 74:26:25:01, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective 

January 5, 1995; 23 SDR 106, effective December 29, 1996; 26 SDR 168, effective June 27, 

2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 

209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 

28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:15. Standards of performance for sewage treatment plants. The standards of 

performance for sewage treatment plants are those in 40 C.F.R. §§ 60.150 to 60.156, inclusive, 

(July 1, 2009 July 1, 2012).
65

Source: 14 SDR 72, effective November 24, 1987; 17 SDR 170, effective May 13, 1991; 

transferred from § 74:26:15:06, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective 

January 5, 1995; 23 SDR 106, effective December 29, 1996; 30 SDR 26, effective September 1, 

2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 

217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:16. Standards of performance for coal preparation plants. The standards of 

performance for coal preparation plants are those in 40 C.F.R. §§ 60.250 to 60.254, inclusive, §

60, Subpart Y (July 1, 2009 July 1, 2012).

Source: 14 SDR 72, effective November 24, 1987; 17 SDR 170, effective May 13, 1991; 

transferred from § 74:26:16:06, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective 

January 5, 1995; 23 SDR 106, effective December 29, 1996; 30 SDR 26, effective September 1, 

2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 

217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:17. Standards of performance for grain elevators. The standards of 

performance for grain elevators are those in 40 C.F.R. §§ 60.300 to 60.304, inclusive, (July 1, 
66

2009 July 1, 2012). A source subject to 40 C.F.R. §§ 60.300 to 60.304, inclusive, (July 1, 2009

July 1, 2012) is exempt from the obligation to obtain a Part 70 operating permit if the source is 

not required to obtain a Part 70 operating permit for a reason other than the source is subject to 

40 C.F.R. §§ 60.300 to 60.304, inclusive, (July 1, 2009 July 1, 2012). Exempted sources must 

still meet the applicable requirements in 40 C.F.R. § 60.300 to 60.304, inclusive, (July 1, 2009

July 1, 2012).

Source: 14 SDR 72, effective November 24, 1987; 16 SDR 88, effective November 14, 

1989; 17 SDR 170, effective May 13, 1991; transferred from § 74:26:17:06, 19 SDR 157, 

effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective 

December 29, 1996; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 

2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, 

effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:18. Standards of performance for stationary gas turbines. The standards of 

performance for stationary gas turbines are those in 40 C.F.R. §§ 60.330 to 60.335, inclusive, 

(July 1, 2009 July 1, 2012).

Source: 14 SDR 72, effective November 24, 1987; 16 SDR 88, effective November 14, 

1989; 17 SDR 170, effective May 13, 1991; transferred from § 74:26:19:07, 19 SDR 157, 

effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective 
67

December 29, 1996; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 

2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, 

effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:19. Standards of performance for lime manufacturing plants. The standards 

of performance for lime manufacturing plants are those in 40 C.F.R. §§ 60.340 to 60.344, 

inclusive, (July 1, 2009 July 1, 2012).

Source: 14 SDR 72, effective November 24, 1987; 17 SDR 170, effective May 13, 1991; 

transferred from § 74:26:18:10, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective 

January 5, 1995; 23 SDR 106, effective December 29, 1996; 30 SDR 26, effective September 1, 

2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 

217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:20. Standards of performance for metallic mineral processing plants. The 

standards of performance for metallic mineral processing plants are those in 40 C.F.R. §§ 60.380 

to 60.386, inclusive, (July 1, 2009 July 1, 2012).
68

Source: 11 SDR 151, effective May 12, 1985; 13 SDR 129, 13 SDR 141, effective July 1, 

1987; 14 SDR 72, effective November 24, 1987; 17 SDR 170, effective May 13, 1991; 

transferred from § 74:26:21:02, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective 

January 5, 1995; 23 SDR 106, effective December 29, 1996; 30 SDR 26, effective September 1, 

2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 

217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:21. Standards of performance for pressure-sensitive tape and label surface 

coating operations. The standards of performance for pressure-sensitive tape and label surface 

coating operations are those in 40 C.F.R. §§ 60.440 to 60.447, inclusive, (July 1, 2009 July 1, 

2012).

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 

SDR 106, effective December 29, 1996; 30 SDR 26, effective September 1, 2003; 31 SDR 101, 

effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 

2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:22. Standards of performance for equipment leaks of VOC in the synthetic 

organic chemicals manufacturing industry. The standards of performance for equipment leaks 
69

of VOC in the synthetic organic chemicals manufacturing industry are those in 40 C.F.R. 

§§ 60.480 to 60.489, inclusive, (July 1, 2009 July 1, 2012).

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 

SDR 106, effective December 29, 1996; 26 SDR 168, effective June 27, 2000; 30 SDR 26, 

effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 

13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:22.01. Standards of performance for equipment leaks of VOC in the 

synthetic organic chemicals manufacturing industry for which construction, 

reconstruction, or modification commenced after November 7, 2006. The standards of 

performance for equipment leaks of VOC in the synthetic organic chemicals manufacturing 

industry, for which construction, reconstruction, or modification commenced after November 7, 

2006, are those in 40 C.F.R. § 60, Subpart VVa (July 1, 2009 July 1, 2012).

Source: 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.
70

74:36:07:23. Standards of performance for bulk gasoline terminals. The standards of 

performance for bulk gasoline terminals are those in 40 C.F.R. §§ 60.500 to 60.506, inclusive, 

(July 1, 2009 July 1, 2012).

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 

SDR 106, effective December 29, 1996; 26 SDR 168, effective June 27, 2000; 30 SDR 26, 

effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 

13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:24. Standards of performance for new residential wood heaters. The 

standards of performance for new residential wood heaters are those in 40 C.F.R. §§ 60.530 to 

60.539b, inclusive, (July 1, 2009 July 1, 2012).

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 

SDR 106, effective December 29, 1996; 26 SDR 168, effective June 27, 2000; 30 SDR 26, 

effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 

13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.
71

74:36:07:25. Standards of performance for petroleum dry cleaners. The standards of 

performance for petroleum dry cleaners are those in 40 C.F.R. §§ 60.620 to 60.625, inclusive, 

(July 1, 2009 July 1, 2012). A source subject to 40 C.F.R. §§ 60.620 to 60.625, inclusive, (July 

1, 2009 July 1, 2012) is exempt from the obligation to obtain a Part 70 operating permit if the 

source is not required to obtain a Part 70 operating permit for a reason other than the source is 

subject to 40 C.F.R. §§ 60.620 to 60.625, inclusive, (July 1, 2009 July 1, 2012). Exempted 

sources must still meet the applicable requirements in 40 C.F.R. §§ 60.620 to 60.625, inclusive, 

(July 1, 2009 July 1, 2012).

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 

SDR 106, effective December 29, 1996; 30 SDR 26, effective September 1, 2003; 31 SDR 101, 

effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 

2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:26. Standards of performance for VOC emissions from synthetic organic 

chemical manufacturing industry (SOCMI) distillation operations. The standards of 

performance for VOC emissions from synthetic organic chemical manufacturing industry 

(SOCMI) distillation operations are those in 40 C.F.R. §§ 60.660 to 60.668, inclusive, (July 1, 

2009 July 1, 2012).
72

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 

SDR 106, effective December 29, 1996; 26 SDR 168, effective June 27, 2000; 30 SDR 26, 

effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 

13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:27. Standards of performance for nonmetallic mineral processing plants.

The standards of performance for nonmetallic mineral processing plants are those in 40 C.F.R. 

§§ 60.670 to 60.676, inclusive, (July 1, 2009 July 1, 2012).

Source: 12 SDR 183, effective May 21, 1986; 13 SDR 129, 13 SDR 141, effective July 1, 

1987; 14 SDR 72, effective November 24, 1987; 17 SDR 170, effective May 13, 1991; 

transferred from § 74:26:23:02, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective 

January 5, 1995; 23 SDR 106, effective December 29, 1996; 26 SDR 168, effective June 27, 

2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 

209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 

28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.
73

74:36:07:28. Standards of performance for magnetic tape coating facilities. The 

standards of performance for magnetic tape coating facilities are those in 40 C.F.R. §§ 60.710 to 

60.718, inclusive, (July 1, 2009 July 1, 2012).

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 

SDR 106, effective December 29, 1996; 26 SDR 168, effective June 27, 2000; 30 SDR 26, 

effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 

13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:31. Standards of performance for graphic arts industry -- Publication 

rotogravure printing. The standards of performance for publication rotogravure printing in the 

graphic arts industry are those in 40 C.F.R. §§ 60.430 to 60.435, inclusive, (July 1, 2009 July 1, 

2012).

Source: 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 

1996; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 

209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 

28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.
74

74:36:07:32. Standards of performance for volatile organic compound emissions 

from synthetic organic chemical manufacturing industry (SOCMI) reactor processes. The 

standards of performance for volatile organic compound emissions from synthetic organic 

chemical manufacturing industry reactor processes are those in 40 C.F.R. §§ 60.700 to 60.707, 

inclusive, § 60, Subpart RRR (July 1, 2009 July 1, 2012).

Source: 23 SDR 106, effective December 29, 1996; 26 SDR 168, effective June 27, 2000; 

30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, 

effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 

2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:33. Standards of performance for calciners and dryers in mineral 

industries. The standards of performance for calciners and dryers in mineral industries are those 

in 40 C.F.R. §§ 60.730 to 60.736, inclusive, § 60, Subpart UUU (July 1, 2009 July 1, 2012).

Source: 23 SDR 106, effective December 29, 1996; 30 SDR 26, effective September 1, 

2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 

217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.
75

74:36:07:34. Existing municipal solid waste landfill. The owner or operator of an 

existing municipal solid waste landfill that meets the following conditions shall comply with 

§§ 74:36:07:35 to 74:36:07:42, inclusive:

(1) The landfill has accepted waste at any time since November 8, 1987, or has additional 

design capacity available for future waste deposition;

(2) The landfill has a design capacity greater than or equal to 2.5 million megagrams and 

2.5 million cubic meters. The landfill may calculate design capacity either in megagrams or 

cubic meters. Density conversions must be documented and submitted with the report; and

(3) The landfill has a nonmethane organic compound emission rate of 50 megagrams a 

year or more. The calculation of the landfill nonmethane organic compound emission rate must 

meet the requirements of 40 C.F.R. § 60.754 (July 1, 2009 July 1, 2012), to determine the 

landfill nonmethane organic compound emission rate.

Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999; 

26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, 

effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 

2007; 36 SDR 209, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.
76

74:36:07:36. Collection system. The department shall approve the collection and control 

system plan if it is equivalent to or meets the conditions provided in 40 C.F.R. § 60.752(b)(2)(ii) 

(July 1, 2009 July 1, 2012), and the control requirements in § 74:36:07:37.

Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999; 

26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, 

effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 

2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:37. Control system. The department shall approve the control system if it is 

equivalent to or meets one of the following requirements:

(1) An open flare designed and operated in accordance with the parameters established in 

40 C.F.R. § 60.18 (July 1, 2009 July 1, 2012);

(2) A control system designed and operated to reduce nonmethane organic compounds by 

98 percent by weight; or

(3) An enclosed combustor designed and operated to either reduce nonmethane organic 

compounds by 98 percent by weight or the outlet nonmethane organic compound concentration 

to 20 parts per million as hexane by volume, dry basis at three percent oxygen, or less.
77

Source: 23 SDR 106, effective December 29, 1996; 26 SDR 168, effective June 27, 2000; 

30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, 

effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 

2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:39. Existing municipal solid waste landfill operational standards for 

collection and control systems. The owner or operator of an existing municipal solid waste 

landfill that meets the requirements of § 74:36:07:34 shall meet the operational standards for 

collection and control systems in 40 C.F.R. § 60.753 (July 1, 2009 July 1, 2012).

Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999; 

26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, 

effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 

2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:40. Existing municipal solid waste landfill compliance provisions. The owner 

or operator of an existing municipal solid waste landfill that meets the requirements of 
78

§ 74:36:07:34 shall meet the compliance provisions in 40 C.F.R. § 60.755 (July 1, 2009 July 1, 

2012).

Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999; 

26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, 

effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 

2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:41. Existing municipal solid waste landfill monitoring provisions. The owner 

or operator of an existing municipal solid waste landfill that meets the requirements of 

§ 74:36:07:34 shall meet the monitoring provisions in 40 C.F.R. § 60.756 (July 1, 2009 July 1, 

2012).

Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999; 

26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, 

effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 

2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.
79

74:36:07:42. Existing municipal solid waste landfill reporting and recordkeeping.

The owner or operator of an existing municipal solid waste landfill that meets the requirements 

of § 74:36:07:34 shall meet the reporting and recordkeeping requirements specified in 40 C.F.R. 

§§ 60.757 and 60.758 (July 1, 2009 July 1, 2012).

Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999; 

26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, 

effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 

2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:42.01. Additional reporting for existing municipal solid waste landfills. The 

owner or operator of an existing municipal solid waste landfill that meets the requirements of 

subdivisions 74:36:07:34(1) and (2) shall submit an initial nonmethane organic compound 

emission rate report within 90 days of the effective date of EPA's approval of the state's § 111(d) 

plan required in the Clean Air Act and annually or every five years thereafter in accordance with 

40 C.F.R. § 60.757(b) (July 1, 2009 July 1, 2012).

Source: 25 SDR 123, effective April 4, 1999; 26 SDR 168, effective June 27, 2000; 30 

SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, 

effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 

2010.
80

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18

74:36:07:43. Standards of performance for new municipal solid waste landfills. The 

standards of performance for municipal solid waste landfills that commenced construction, 

reconstruction, or modification on or after May 29, 1991, are those in 40 C.F.R. §§ 60.751 to 

60.759, inclusive, (July 1, 2009 July 1, 2012). Physical or operational changes made to existing 

municipal solid waste landfills solely to comply with §§ 74:36:07:34 to 74:36:07:42, inclusive, 

or activities required by or conducted pursuant to a CERCLA, RCRA, or state remedial action 

are not considered construction, reconstruction, or modification for purposes of this section.

Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999; 

26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, 

effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 

2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:44. Standards of performance for nitric acid plants. The standards of 

performance for nitric acid plants are those in 40 C.F.R. §§ 60.70 to 60.74, inclusive, (July 1, 

2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.
81

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:45. Standards of performance for sulfuric acid plants. The standards of 

performance for sulfuric acid plants are those in 40 C.F.R. §§ 60.80 to 60.85, inclusive, (July 1, 

2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:46. Standards of performance for petroleum refineries. The standards of 

performance for petroleum refineries are those in 40 C.F.R. §§ 60.100 to 60.108, inclusive, § 60, 

Subpart J (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:46.01. Standards of performance for petroleum refineries for which 

construction, reconstruction, or modification commenced after May 14, 2007. The standards 

of performance for petroleum refineries for which construction, reconstruction, or modification 
82

commenced after May 14, 2007, are those in 40 C.F.R. § 60, Subpart Ja, (July 1, 2009 July 1, 

2012).

Source: 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:47. Standards of performance for secondary lead smelters. The standards of 

performance for secondary lead smelters are those in 40 C.F.R. §§ 60.120 to 60.123, inclusive, 

(July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:48. Standards of performance for secondary brass and bronze production 

plants. The standards of performance for secondary brass and bronze production plants are those 

in 40 C.F.R. §§ 60.130 to 60.133, inclusive, (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.
83

74:36:07:49. Standards of performance for primary emissions from basic oxygen 

process furnaces for which construction commenced after June 11, 1973. The standards of 

performance for basic oxygen process furnaces are those in 40 C.F.R. §§ 60.140 to 60.144, 

inclusive, (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:50. Standards of performance for secondary emissions from basic oxygen 

process steelmaking facilities for which construction commenced after January 20, 1983.

The standards of performance for basic oxygen process steelmaking facilities are those in 40 

C.F.R. §§ 60.140a to 60.145a, inclusive, (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:51. Standards of performance for primary copper smelter. The standards of 

performance for primary copper smelters are those in 40 C.F.R. §§ 60.160 to 60.166, inclusive, 

(July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.
84

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:52. Standards of performance for primary zinc smelter. The standards of 

performance for primary zinc smelters are those in 40 C.F.R. §§ 60.170 to 60.176, inclusive,

(July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:53. Standards of performance for primary lead smelter. The standards of 

performance for primary lead smelters are those in 40 C.F.R. §§ 60.180 to 60.186, inclusive, 

(July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:54. Standards of performance for primary aluminum reduction plant. The 

standards of performance for primary aluminum reduction plants are those in 40 C.F.R. 

§§ 60.190 to 60.195, inclusive, (July 1, 2009 July 1, 2012).
85

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:55. Standards of performance for wet-process phosphoric acid plant. The 

standards of performance for wet-process phosphoric acid plants are those in 40 C.F.R. 

§§ 60.200 to 60.204, inclusive, (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:56. Standards of performance for superphosphoric acid plant. The standards 

of performance for superphosphoric acid plants are those in 40 C.F.R. §§ 60.210 to 60.214, 

inclusive, (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:57. Standards of performance for diammonium phosphate plant. The 

standards of performance for diammonium phosphate plants are those in 40 C.F.R. §§ 60.220 to 

60.224, inclusive, (July 1, 2009 July 1, 2012).
86

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:58. Standards of performance for triple superphosphate plant. The 

standards of performance for triple superphosphate plants are those in 40 C.F.R. §§ 60.230 to 

60.234, inclusive, (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:59. Standards of performance for granular triple superphosphate storage 

facility. The standards of performance for granular triple superphosphate storage facilities are 

those in 40 C.F.R. §§ 60.240 to 60.244, inclusive, (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.
87

74:36:07:60. Standards of performance for ferroalloy production plant. The standards 

of performance for ferroalloy production plants are those in 40 C.F.R. §§ 60.260 to 60.266, 

inclusive, ( July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:61. Standards of performance for electric arc furnaces and argon-oxygen 

decarburization vessels constructed after August 17, 1983. The standards of performance for 

electric arc furnaces and argon-oxygen decarburization vessels are those in 40 C.F.R. §§ 60.270a 

to 60.276a, inclusive, (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:62. Standards of performance for kraft pulp mills. The standards of 

performance for kraft pulp mills are those in 40 C.F.R. §§ 60.280 to 60.285, inclusive, (July 1, 

2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.
88

Law Implemented: SDCL 34A-1-18.

74:36:07:63. Standards of performance for glass manufacturing plant. The standards 

of performance for glass manufacturing plants are those in 40 C.F.R. §§ 60.290 to 60.296, 

inclusive, (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:64. Standards of performance for surface coating of metal furniture. The 

standards of performance for surface coating of metal furniture are those in 40 C.F.R. §§ 60.310 

to 60.316, inclusive, (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:65. Standards of performance for lead-acid battery manufacturing plant.

The standards of performance for lead-acid battery manufacturing plants are those in 40 C.F.R. 

§§ 60.370 to 60.374, inclusive, (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.
89

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:66. Standards of performance for automobile and light duty truck surface 

coating operations. The standards of performance for automobile and light duty truck surface 

coating operations are those in 40 C.F.R. §§ 60.390 to 60.398, inclusive, (July 1, 2009 July 1, 

2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 208, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:67. Standards of performance for phosphate rock plants. The standards of 

performance for phosphate rock plants are those in 40 C.F.R. §§ 60.400 to 60.404, inclusive, 

(July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:68. Standards of performance for ammonium sulfate manufacture. The 

standards of performance for ammonium sulfate manufacture are those in 40 C.F.R. §§ 60.420 to 

60.424, inclusive, (July 1, 2009 July 1, 2012).
90

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:69. Standards of performance for industrial surface coating -- Large 

appliances. The standards of performance for industrial surface coating of large appliances are 

those in 40 C.F.R. §§ 60.450 to 60.456, inclusive, (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:70. Standards of performance for metal coil surface coating. The standards 

of performance for metal coil surface coating are those in 40 C.F.R. §§ 60.460 to 60.466, 

inclusive, (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.
91

74:36:07:71. Standards of performance for asphalt processing and asphalt roofing 

manufacture. The standards of performance for asphalt processing and asphalt roofing 

manufacture are those in 40 C.F.R. §§ 60.470 to 60.474, inclusive, (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:72. Standards of performance for beverage can surface coating industry.

The standards of performance for beverage can surface coating industry are those in 40 C.F.R. 

§§ 60.490 to 60.496, inclusive, (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:73. Standards of performance for rubber tire manufacturing industry. The 

standards of performance for rubber tire manufacturing industry are those in 40 C.F.R. §§ 60.540 

to 60.548, inclusive, (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 1010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.
92

74:36:07:74. Standards of performance for volatile organic compound emissions 

from polymer manufacturing industry. The standards of performance for polymer 

manufacturing industry are those in 40 C.F.R. §§ 60.560 to 60.566, inclusive, (July 1, 2009 July 

1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:75. Standards of performance for flexible vinyl and urethane coating and 

printing. The standards of performance for flexible vinyl and urethane coating and printing are 

those in 40 C.F.R. §§ 60.580 to 60.585, inclusive, (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:76. Standards of performance for equipment leaks of VOC in petroleum 

refineries. The standards of performance for equipment leaks in petroleum refineries are those in 

40 C.F.R. §§ 60.590 to 60.593, inclusive, (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.
93

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:76.01. Standards of performance for equipment leaks of VOC in petroleum 

refineries. The standards of performance for equipment leaks in petroleum refineries for which 

construction, reconstruction, or modification commenced after November 7, 2006, are those in 

40 C.F.R. § 60, Subpart GGGa, (July 1, 2009 July 1, 2012).

Source: 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:77. Standards of performance for synthetic fiber production facility. The 

standards of performance for synthetic fiber production facilities are those in 40 C.F.R. 

§§ 60.600 to 60.604, inclusive, (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:78. Standards of performance for VOC emissions from synthetic organic 

chemical manufacturing industry air oxidation unit process. The standards of performance 
94

for synthetic organic chemical manufacturing industry air oxidation unit processes are those in 

40 C.F.R. §§ 60.610 to 60.618, inclusive, (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:79. Standards of performance for equipment leaks of VOC from onshore 

natural gas processing plant. The standards of performance for equipment leaks from onshore 

natural gas processing plants are those in 40 C.F.R. §§ 60.630 to 60.636, inclusive, (July 1, 2009

July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:80. Standards of performance for onshore natural gas processing. The 

standards of performance for onshore natural gas processing are those in 40 C.F.R. §§ 60.640 to 

60.648, inclusive, (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.
95

74:36:07:81. Standards of performance for wool fiberglass insulation manufacturing 

plant. The standards of performance for wool fiberglass insulation manufacturing plants are 

those in 40 C.F.R. §§ 60.680 to 60.685, inclusive, (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:82. Standards of performance for VOC emissions from petroleum refinery 

wastewater system. The standards of performance for petroleum refinery wastewater systems 

are those in 40 C.F.R. §§ 60.690 to 60.699, inclusive, (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:83. Standards of performance for industrial surface coating -- Surface 

coating of plastic parts for business machines. The standards of performance for the surface 

coating of plastic parts for business machines are those in 40 C.F.R. §§ 60.720 to 60.726, 

inclusive, (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.
96

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:84. Standards of performance for polymeric coating of supporting 

substrates facility. The standards of performance for polymeric coating of supporting substrates 

facilities are those in 40 C.F.R. §§ 60.740 to 60.748, inclusive, (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:85. Standards of performance for small municipal waste combustion units 

for which construction commenced after August 30, 1999, or modification or 

reconstruction commenced after June 6, 2001. The standards of performance for small 

municipal waste combustion units are those in 40 C.F.R. § 60, Subpart AAAA (July 1, 2009 July 

1, 2012),

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:86. Standards of performance for commercial or industrial solid waste 

incineration units for which construction commenced after November 30, 1999, or 
97

modification or reconstruction commenced on or after June 1, 2001. The standards of 

performance for commercial solid waste incineration units are those in 40 C.F.R. § 60, Subpart 

CCCC (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:87. Standards of performance for other solid waste incineration units for 

which construction commenced after December 9, 2004, or modification or reconstruction 

commenced on or after June 16, 2006. The standards of performance for other solid waste 

incineration units are those in 40 C.F.R. § 60, Subpart EEEE (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:88. Standards of performance for stationary compression ignition internal 

combustion engines. The standards of performance for stationary compression ignition internal 

combustion engines are those in 40 C.F.R. § 60, Subpart IIII (July 1, 2009 July 1, 2012). A 

source subject to Subpart IIII is exempt from the obligation to obtain a Part 70 operating permit 

if the source is not required to obtain a Part 70 operating permit for a reason other than the 
98

source is subject to Subpart IIII. Exempted sources must still meet the applicable requirements in 

Subpart IIII.

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:89. Standards of performance for stationary combustion turbines. The 

standards of performance for stationary combustion turbines are those in 40 C.F.R. §§ 60.4300 to 

60.4420, inclusive, (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:90. Standards of performance for stationary spark ignition internal 

combustion engines. The standards of performance for stationary spark combustion engines are 

those in 40 C.F.R. § 60, Subpart JJJJ (July 1, 2009 July 1, 2012). A source subject to Subpart 

JJJJ is exempt from the obligation to obtain a Part 70 operating permit if the source is not 

required to obtain a Part 70 operating permit for a reason other than the source is subject to 

Subpart JJJJ. Exempted sources must still meet the applicable requirements in Subpart JJJJ.

Source: 36 SDR 207, effective June 28, 2010.
99

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:91. Standards of performance for nitric acid plants for which construction, 

reconstruction, or modification commenced after October 14, 2011. The standards of 

performance for nitric acid plants are those in 40 C.F.R. § 60, Subpart Ga (July 1, 2012).

Source: 

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:92. Standards of performance for new sewage sludge incineration units.

The standards of performance for new sewage sludge incineration units are those in 40 

C.F.R. § 60, Subpart LLLL (July 1, 2012).

Source: 

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

CHAPTER 74:36:08

NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS
100

Section

74:36:08:00 Administrator defined.

74:36:08:01 General provisions -- National emission standards for hazardous air pollutants.

74:36:08:02 Emission standards for asbestos air pollutants.

74:36:08:02.01 Emission standards for equipment leaks (fugitive emission sources) of benzene.

74:36:08:02.02 Emission standards for benzene emissions from benzene storage vessels.

74:36:08:02.03 Emission standards for benzene emissions from benzene transfer operations.

74:36:08:02.04 Emission standards for benzene waste operations.

74:36:08:03 General provisions -- National emission standards for hazardous air pollutants 

for source categories.

74:36:08:03.01 Requirements for control technology determinations for major sources in 

accordance with Clean Air Act sections 112(g) and 112(j).

74:36:08:04 National perchloroethylene air emission standards for dry cleaning facilities.

74:36:08:05 National emission standards for organic hazardous air pollutants from the 

synthetic organic chemical manufacturing industry.

74:36:08:06 National emission standards for organic hazardous air pollutants from synthetic 

organic chemical manufacturing industry process vents, storage vessels, 

transfer operations, and wastewater.

74:36:08:07 National emission standards for organic hazardous air pollutants for equipment 

leaks.
101

74:36:08:08 National emission standards for organic hazardous air pollutants for certain 

processes subject to negotiated regulations for equipment leaks.

74:36:08:09 National emission standards for chromium emissions from hard and decorative 

chromium electroplating and chromium anodizing tanks.

74:36:08:10 National emission standards for ethylene oxide emissions from sterilization 

facilities.

74:36:08:11 National emission standards for industrial process cooling towers.

74:36:08:12 National emission standards for gasoline distribution facilities (bulk gasoline 

terminals and pipeline breakout stations).

74:36:08:13 National emission standards for halogenated solvent cleaning.

74:36:08:14 National emission standards for wood furniture manufacturing operations.

74:36:08:15 National emission standards for aerospace manufacturing.

74:36:08:16 National emission standards for tanks.

74:36:08:17 National emission standards for containers.

74:36:08:18 National emission standards for surface impoundments.

74:36:08:19 National emission standards for individual drain systems.

74:36:08:20 National emission standards for oil-water separators and organic-water separators.

74:36:08:20.01 National emission standards for closed vent systems, control devices, recovery 

devices, and routing to a fuel gas system or a process.

74:36:08:20.02 National emission standards for equipment leaks.

74:36:08:21 National emission standards for hazardous air pollutants from the portland 

cement manufacturing industry.
102

74:36:08:22 National emission standards for hazardous air pollutants for pesticide active 

ingredient production.

74:36:08:23 National emission standards for the printing and publishing industry.

74:36:08:24 National emission standards for oil and natural gas production facilities.

74:36:08:25 National emission standards for natural gas transmission and storage facilities.

74:36:08:26 National emission standards for secondary aluminum production.

74:36:08:27 National emission standards for publicly owned treatment works.

74:36:08:28 National emission standards for solvent extraction for vegetable oil production.

74:36:08:29 National emission standards for paper and other web coating.

74:36:08:30 National emission standards for municipal solid waste landfills.

74:36:08:31 National emission standards for surface coating of metal furniture.

74:36:08:32 National emission standards for integrated iron and steel manufacturing facilities.

74:36:08:33 National emission standards for brick and structural clay products manufacturing.

74:36:08:34 National emission standards for asphalt processing and asphalt roofing 

manufacturing.

74:36:08:35 National emission standards for flexible polyurethane foam fabrication 

operations.

74:36:08:36 National emission standards for engine test cells/stands.

74:36:08:37 National emission standards for surface coating of miscellaneous metal parts and 

products.

74:36:08:38 National emission standards for reinforced plastic composites production.

74:36:08:39 National emission standards for stationary combustion turbines.
103

74:36:08:40 National emission standards for stationary reciprocating internal combustion 

engines.

74:36:08:41 National emission standards for industrial, commercial, and institutional boilers 

and process heaters.

74:36:08:42 National emission standards for polyvinyl chloride and copolymers production.

74:36:08:43 National emission standards for coke oven batteries.

74:36:08:44 National emission standards for pulp and paper industry.

74:36:08:45 National emission standards for group I polymers and resins.

74:36:08:46 National emission standards for epoxy resins production and non-nylon 

polyamides production.

74:36:08:47 National emission standards for secondary lead smelting.

74:36:08:48 National emission standards for phosphoric acid manufacturing plants.

74:36:08:49 National emission standards for phosphate fertilizers production plants.

74:36:08:50 National emission standards for petroleum refineries.

74:36:08:51 National emission standards for off-site waste and recovery operations.

74:36:08:52 National emission standards for magnetic tape manufacturing operations.

74:36:08:53 National emission standards for primary aluminum reduction plants.

74:36:08:54 National emission standards for chemical recovery combustion sources at kraft, 

soda, sulfite, and stand-alone semichemical pulp mills.

74:36:08:55 National emission standards for ethylene manufacturing process units -- Heat 

exchange systems and waste operations.

74:36:08:56 Generic maximum achievable control technology standards.
104

74:36:08:57 National emission standards for steel pickling -- HC1 process facilities and 

hydrochloric acid regeneration plants.

74:36:08:58 National emission standards for mineral wool production.

74:36:08:59 National emission standards for hazardous waste combustors.

74:36:08:60 National emission standards for pharmaceutical production.

74:36:08:61 National emission standards for group IV polymers and resins.

74:36:08:62 National emission standards for wool fiberglass production.

74:36:08:63 National emission standards for manufacture of amino/phenolic resins.

74:36:08:64 National emission standards for polyether polyols production.

74:36:08:65 National emission standards for primary copper smelting.

74:36:08:66 National emission standards for primary lead smelting.

74:36:08:67 National emission standards for petroleum refineries -- Catalytic cracking, 

catalytic reforming, and sulfur recovery units.

74:36:08:68 National emission standards for ferroalloy production -- Ferromanganese and 

silicomanganese.

74:36:08:69 National emission standards for the manufacture of nutritional yeast.

74:36:08:70 National emission standards for plywood and composite wood products.

74:36:08:71 National emission standards for non-gasoline organic liquids distribution.

74:36:08:72 National emission standards for miscellaneous organic chemical manufacturing.

74:36:08:73 National emission standards for wet-formed fiberglass mat production.

74:36:08:74 National emission standards for surface coating of automobiles and light duty 

trucks.

74:36:08:75 National emission standards for surface coating of metal cans.
105

74:36:08:76 National emission standards for surface coating of large appliances.

74:36:08:77 National emission standards for printing, coating, and dyeing of fabrics and 

other textiles.

74:36:08:78 National emission standards for surface coating of plastic parts and products.

74:36:08:79 National emission standards for surface coating of wood building products.

74:36:08:80 National emission standards for surface coating of metal coil.

74:36:08:81 National emission standards for leather finishing operations.

74:36:08:82 National emission standards for cellulose products manufacturing.

74:36:08:83 National emission standards for boat manufacturing.

74:36:08:84 National emission standards for rubber tire manufacturing.

74:36:08:85 National emission standards for lime manufacturing plants.

74:36:08:86 National emission standards for semiconductor manufacturing.

74:36:08:87 National emission standards for coke ovens -- Pushing, quenching, and battery 

stacks.

74:36:08:88 National emission standards for iron and steel foundries.

74:36:08:89 National emission standards for site remediation.

74:36:08:90 National emission standards for miscellaneous coating manufacturing.

74:36:08:91 National emission standards for mercury cell chlor-alkali plants.

74:36:08:92 National emission standards for clay ceramics manufacturing.

74:36:08:93 National emission standards for flexible polyurethane foam production.

74:36:08:94 National emission standards for hydrochloric acid production.

74:36:08:95 National emission standards for friction materials manufacturing facilities.

74:36:08:96 National emission standards for taconite iron ore processing.
106

74:36:08:97 National emission standards for refractory products manufacturing.

74:36:08:98 National emission standards for primary magnesium refining.

74:36:08:99 National emission standards for polyvinyl chloride and copolymers production 

area sources.

74:36:08:100 National emission standards for primary copper smelting area sources.

74:36:08:101 National emission standards for secondary copper smelting area sources.

74:36:08:102 National emission standards for primary nonferrous metals area sources -- Zinc, 

cadmium, and beryllium.

74:36:08:103 National emission standards for hospital ethylene oxide sterilizers.

74:36:08:104 National emission standards for electric arc furnace steelmaking facility area 

sources.

74:36:08:105 National emission standards for iron and steel foundry area sources.

74:36:08:106 National emission standards for gasoline distribution bulk terminals, bulk plants, 

and pipeline facilities.

74:36:08:107 National emission standards for gasoline dispensing facilities.

74:36:08:108 National emission standards for paint stripping and miscellaneous surface 

coating area sources.

74:36:08:109 National emission standards for acrylic and modacrylic fiber production area 

sources.

74:36:08:110 National emission standards for carbon black production area sources.

74:36:08:111 National emission standards for chemical manufacturing area sources --

Chromium compounds.
107

74:36:08:112 National emission standards for flexible polyurethane foam production and 

fabrication area sources.

74:36:08:113 National emission standards for lead acid battery manufacturing area sources.

74:36:08:114 National emission standards for wood preserving area sources.

74:36:08:115 National emission standards for clay ceramic manufacturing area sources.

74:36:08:116 National emission standards for glass manufacturing area sources.

74:36:08:117 National emission standards for secondary nonferrous metal processing area 

sources.

74:36:08:118 National emission standards for plating and polishing area sources.

74:36:08:119 National emission standards for nine metal fabrication and finishing area 

sources.

74:36:08:120 National emission standards for ferroalloys production area sources.

74:36:08:121 National emission standards for aluminum, copper, and other nonferrous 

foundry area sources.

74:36:08:122 National emission standards for coal- and oil-fired electric utility steam 

generating units.

74:36:08:123 National emission standards for industrial, commercial, and institutional 

boilers area sources.

74:36:08:124 National emission standards for chemical manufacturing area sources.

74:36:08:125 National emission standards for asphalt processing and asphalt roofing 

manufacturing area sources.

74:36:08:126 National emission standards for chemical preparations industry area 

sources.
108

74:36:08:127 National emission standards paints and allied products manufacturing 

area sources.

74:36:08:128 National emission standards for prepared feeds manufacturing area 

sources.

74:36:08:129 National emission standards for gold mine ore processing and 

production area sources.

74:36:08:130 National emission standards for polyvinyl chloride and copolymers 

production.

74:36:08:01. General provisions -- National emission standards for hazardous air 

pollutants. The general provisions for the national emission standards for hazardous air 

pollutants are those in 40 C.F.R. § 61, Subpart A (July 1, 2009 July 1, 2012).

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 

SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999; 26 SDR 168, 

effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 

2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 

207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.
109

74:36:08:02. Emission standards for asbestos air pollutants. The emission standards 

for asbestos air pollutants are those in 40 C.F.R. § 61, Subpart M (July 1, 2009 July 1, 2012).

Source: 11 SDR 151, effective May 12, 1985; 13 SDR 129, 13 SDR 141, effective July 1, 

1987; 14 SDR 72, effective November 24, 1987; 17 SDR 170, effective May 13, 1991; 18 SDR 

95, effective December 2, 1991; transferred from § 74:26:22:02, 19 SDR 157, effective April 22, 

1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 1996; 25 

SDR 123, effective April 4, 1999; 26 SDR 168, effective July 27, 2000; 30 SDR 26, effective 

September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 

2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:02.01. Emission standards for equipment leaks (fugitive emission sources) 

of benzene. The emission standards for equipment leaks of benzene are those in 40 C.F.R. § 61 

Subpart J (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.
110

74:36:08:02.02. Emission standards for benzene emissions from benzene storage 

vessels. The emission standards for benzene emissions from benzene storage vessels are those in 

40 C.F.R. § 61, Subpart Y (July 1, 2009 July 1, 2012).

Source: 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:02.03. Emission standards for benzene emissions from benzene transfer 

operations. The emission standards for benzene emissions from benzene transfer operations are 

those in 40 C.F.R. § 61, Subpart BB (July 1, 2009 July 1, 2012).

Source: 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:02.04. Emission standards for benzene waste operations. The emission 

standards for benzene waste operations equipment leaks of benzene are those in 40 C.F.R. § 61, 

Subpart FF (July 1, 2009 July 1, 2012).

Source: 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.
111

74:36:08:03. General provisions -- National emission standards for hazardous air 

pollutants for source categories. The general provisions for the national emission standards for 

hazardous air pollutants for source categories are those in 40 C.F.R. § 63 Subpart A (July 1, 2009

July 1, 2012).

Source: 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 

1996; 25 SDR 123, effective April 4, 1999; 26 SDR 168, effective June 27, 2000; 30 SDR 26, 

effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 

13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:03.01. Requirements for control technology determinations for major 

sources in accordance with Clean Air Act sections 112(g) and 112(j). The provisions for 

control technology determinations for major sources in accordance with Clean Air Act sections 

112(g) and 112(j) are those in 40 C.F.R. § 63, Subpart B (July 1, 2009 July 1, 2012).

Source: 25 SDR 123, effective April 4, 1999; 26 SDR 168, effective June 27, 2000; 30 

SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, 

effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 

2010.

General Authority: SDCL 34A-1-6.
112

Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:04. National perchloroethylene air emission standards for dry cleaning 

facilities. The national perchloroethylene air emission standards for dry cleaning facilities are 

those in 40 C.F.R. § 63, Subpart M (July 1, 2009 July 1, 2012). A source that operates a unit 

subject to Subpart M is exempt from the obligation to obtain a Part 70 operating permit if the 

source is not required to obtain a Part 70 operating permit for a reason other than the source is 

subject to Subpart M. Exempted sources must still meet the applicable requirements in Subpart 

M.

Source: 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 

1996; 25 SDR 123, effective April 4, 1999; 26 SDR 168, effective June 27, 2000; 30 SDR 26, 

effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 

13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.

Cross-Reference: Complete application, § 74:36:05:09.

74:36:08:05. National emission standards for organic hazardous air pollutants from 

the synthetic organic chemical manufacturing industry. The national emission standards for 

organic hazardous air pollutants from the synthetic organic chemical manufacturing industry are 

those in 40 C.F.R. § 63, Subpart F (July 1, 2009 July 1, 2012).
113

Source: 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 

1996; 25 SDR 123, effective April 4, 1999; 26 SDR 168, effective June 27, 2000; 30 SDR 26, 

effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 

13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:06. National emission standards for organic hazardous air pollutants from 

synthetic organic chemical manufacturing industry process vents, storage vessels, transfer 

operations, and wastewater. The national emission standards for organic hazardous air 

pollutants from synthetic organic chemical manufacturing industry process vents, storage 

vessels, transfer operations, and wastewater are those in 40 C.F.R. § 63, Subpart G (July 1, 2009

July 1, 2012).

Source: 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 

1996; 25 SDR 123, effective April 4, 1999; 26 SDR 168, effective June 27, 2000; 30 SDR 26, 

effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 

13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.
114

74:36:08:07. National emission standards for organic hazardous air pollutants for 

equipment leaks. The national emission standards for organic hazardous air pollutants for 

equipment leaks are those in 40 C.F.R. § 63, Subpart H (July 1, 2009 July 1, 2012).

Source: 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 

1996; 25 SDR 123, effective April 4, 1999; 26 SDR 168, effective June 27, 2000; 30 SDR 26, 

effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 

13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:08. National emission standards for organic hazardous air pollutants for 

certain processes subject to negotiated regulations for equipment leaks. The national 

emission standards for organic hazardous air pollutants for certain processes subject to the 

negotiated regulations for equipment leaks are those in 40 C.F.R. § 63, Subpart I (July 1, 2009

July 1, 2012).

Source: 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 

1996; 25 SDR 123, effective April 4, 1999; 26 SDR 168, effective June 27, 2000; 30 SDR 26, 

effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 

13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.
115

74:36:08:09. National emission standards for chromium emissions from hard and 

decorative chromium electroplating and chromium anodizing tanks. The national emission 

standards for hard and decorative chromium electroplating and chromium anodizing tanks are 

those in 40 C.F.R. § 63, Subpart N (July 1, 2009 July 1, 2012). An area source that operates a 

unit subject to Subpart N is exempt from the obligation to obtain a Part 70 operating permit if the 

source is not required to obtain a Part 70 operating permit for a reason other than the source is 

subject to Subpart N. Exempted sources must still meet the applicable requirements in Subpart 

N.

Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999; 

26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, 

effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 

2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.

Cross-Reference: Operating permits for part 70 sources, § 74:36:05.

74:36:08:10. National emission standards for ethylene oxide emissions from 

sterilization facilities. The national emission standards for ethylene oxide from sterilization 

facilities are those in 40 C.F.R. § 63, Subpart O (July 1, 2009 July 1, 2012). A source that 

operates a unit subject to Subpart O is exempt from the obligation to obtain a Part 70 operating 
116

permit if the source is not required to obtain a Part 70 operating permit for a reason other than 

the source is subject to Subpart O. Exempted sources must still meet the applicable requirements 

in Subpart O.

Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999; 

26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, 

effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 

2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:11. National emission standards for industrial process cooling towers. The 

national emission standards for industrial process cooling towers are those in 40 C.F.R. § 63, 

Subpart Q (July 1, 2009 July 1, 2012). A source that operates a unit subject to Subpart Q is 

exempt from the obligations to obtain a Part 70 operating permit if the source is not required to 

obtain a Part 70 operating permit for a reason other than the source is subject to Subpart Q. 

Exempted sources must still meet the applicable requirements in Subpart Q.

Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999; 

26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, 

effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 

2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.
117

Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:12. National emission standards for gasoline distribution facilities (bulk 

gasoline terminals and pipeline breakout stations). The national emission standards for 

gasoline distribution facilities (bulk gasoline terminals and pipeline breakout stations) are those 

in 40 C.F.R. § 63, Subpart R (July 1, 2009 July 1, 2012).

Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999; 

30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, 

effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 

2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:13. National emission standards for halogenated solvent cleaning. The 

national emission standards for halogenated solvent cleaning are those in 40 C.F.R. § 63, Subpart 

T (July 1, 2009 July 1, 2012). An area source that operates a unit subject to Subpart T is exempt 

from the obligation to obtain a Part 70 operating permit if the source is not required to obtain a 

Part 70 operating permit for a reason other than the source is subject to Subpart T. Exempted 

sources must still meet the applicable requirements in Subpart T.

Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999; 

26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, 
118

effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 

2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:14. National emission standards for wood furniture manufacturing 

operations. The national emission standards for wood furniture manufacturing operations are 

those in 40 C.F.R. § 63, Subpart JJ (July 1, 2009 July 1, 2012).

Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999; 

26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, 

effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 

2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:15. National emission standards for aerospace manufacturing. The national 

emission standards for aerospace manufacturing are those in 40 C.F.R. § 63, Subpart GG (July 1, 

2009 July 1, 2012).

Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999; 

26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, 
119

effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 

2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:16. National emission standards for tanks. The national emission standards 

for tanks -- level 1 are those in 40 C.F.R. § 63, Subpart OO (July 1, 2009 July 1, 2012). The 

national emission standards for tanks -- level 2 are those in 40 C.F.R. § 63, Subpart OO WW

(July 1, 2009 July 1, 2012).

Source: 25 SDR 123, effective April 4, 1999; 30 SDR 26, effective September 1, 2003; 31 

SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, 

effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:17. National emission standards for containers. The national emission 

standards for containers are those in 40 C.F.R. § 63, Subpart PP (July 1, 2009 July 1, 2012).

Source: 25 SDR 123, effective April 4, 1999; 30 SDR 26, effective September 1, 2003; 31 

SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, 

effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.
120

Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:18. National emission standards for surface impoundments. The national 

emission standards for surface impoundments are those in 40 C.F.R. § 63, Subpart QQ (July 1, 

2009 July 1, 2012).

Source: 25 SDR 123, effective April 4, 1999; 30 SDR 26, effective September 1, 2003; 31 

SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, 

effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:19. National emission standards for individual drain systems. The national 

emission standards for individual drain systems are those in 40 C.F.R. § 63, Subpart RR (July 1, 

2009 July 1, 2012).

Source: 25 SDR 123, effective April 4, 1999; 30 SDR 26, effective September 1, 2003; 31 

SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, 

effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.
121

74:36:08:20. National emission standards for oil-water separators and organic-water 

separators. The national emission standards for oil-water separators and organic-water 

separators are those in 40 C.F.R. § 63, Subpart VV (July 1, 2009 July 1, 2012).

Source: 25 SDR 123, effective April 4, 1999; 30 SDR 26, effective September 1, 2003; 31 

SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, 

effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:20.01. National emission standards for closed vent systems, control devices, 

recovery devices, and routing to a fuel gas system or a process. The national emission 

standards for closed vent systems, control devices, recovery devices, and routing to a fuel gas 

system or a process are those in 40 C.F.R. § 63, Subpart SS (July 1, 2009 July 1, 2012).

Source: 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 

32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, 

effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:20.02. National emission standards for equipment leaks. The national 

emission standards for equipment leaks -- control level 1 are those in 40 C.F.R. § 63, Subpart TT 
122

(July 1, 2009 July 1, 2012). The national emission standards for equipment leaks -- control level 

2 are those in 40 C.F.R. § 63, Subpart UU (July 1, 2009 July 1, 2012).

Source: 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 

32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, 

effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:21. National emission standards for hazardous air pollutants from the 

portland cement manufacturing industry. The national emission standards for the portland 

cement manufacturing industry are those in 40 C.F.R. § 63, Subpart LLL (July 1, 2009 July 1, 

2012).

Source: 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 

SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, 

effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:22. National emission standards for hazardous air pollutants for pesticide 

active ingredient production. The national emission standards for pesticide active ingredient 

production are those in 40 C.F.R. § 63, Subpart MMM (July 1, 2009 July 1, 2012).
123

Source: 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 

SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, 

effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:23. National emission standards for the printing and publishing industry.

The national emission standards for the printing and publishing industry are those in 40 C.F.R. 

§ 63, Subpart KK (July 1, 2009 July 1, 2012).

Source: 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 

SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, 

effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

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, 2009 July 1, 2012). A source that operates a unit subject to 

Subpart HH is exempt from the obligation to obtain a Part 70 operating permit if the unit is not 

required to install controls and if the source is not required to obtain a Part 70 operating permit 
124

for a reason other than the source is subject to Subpart HH. Exempted sources must still meet the 

applicable requirements in Subpart HH.

Source: 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 

32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, 

effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:25. National emission standards for natural gas transmission and storage 

facilities. The national emission standards for natural gas transmission and storage facilities are 

those in 40 C.F.R. § 63, Subpart HHH (July 1, 2009 July 1, 2012).

Source: 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 

32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, 

effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:26. National emission standards for secondary aluminum production. The 

national emission standards for secondary aluminum production are those in 40 C.F.R. § 63, 

Subpart RRR (July 1, 2009 July 1, 2012).
125

Source: 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 

32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, 

effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:27. National emission standards for publicly owned treatment works. The 

national emission standards for publicly owned treatment works are those in 40 C.F.R. § 63, 

Subpart VVV (July 1, 2009 July 1, 2012).

Source: 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 

32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, 

effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:28. National emission standards for solvent extraction for vegetable oil 

production. The national emission standards for solvent extraction of vegetable oil production 

are those in 40 C.F.R. § 63, Subpart GGGG (July 1, 2009 July 1, 2012).

Source: 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 

32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, 

effective June 28, 2010.
126

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:29. National emission standards for paper and other web coating. The 

national emission standards for paper and other web coating are those in 40 C.F.R. § 63, Subpart 

JJJJ (July 1, 2009 July 1, 2012).

Source: 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 

32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, 

effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:30. National emission standards for municipal solid waste landfills. The 

national emission standards for municipal solid waste landfills are those in 40 C.F.R. § 63, 

Subpart AAAA (July 1, 2009 July 1, 2012).

Source: 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 

32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, 

effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.
127

74:36:08:31. National emission standards for surface coating of metal furniture. The 

national emission standards for surface coating of metal furniture are those in 40 C.F.R. § 63, 

Subpart RRRR (July 1, 2009 July 1, 2012).

Source: 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 

SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:32. National emission standards for integrated iron and steel 

manufacturing facilities. The national emission standards for integrated iron and steel 

manufacturing are those in 40 C.F.R. § 63, Subpart FFFFF (July 1, 2009 July 1, 2012).

Source: 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 

SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:33. National emission standards for brick and structural clay products 

manufacturing. The national emission standards for brick and structural clay products 

manufacturing are those in 40 C.F.R. § 63, Subpart JJJJJ (July 1, 2009 July 1, 2012).
128

Source: 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 

SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:34. National emission standards for asphalt processing and asphalt roofing 

manufacturing. The national emission standards for asphalt processing and asphalt roofing 

manufacturing are those in 40 C.F.R. § 63, Subpart LLLLL (July 1, 2009 July 1, 2012).

Source: 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 

SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:35. National emission standards for flexible polyurethane foam fabrication 

operations. The national emission standards for flexible polyurethane foam fabrication 

operations are those in 40 C.F.R. § 63, Subpart MMMMM (July 1, 2009 July 1, 2012).

Source: 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 

SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.
129

74:36:08:36. National emission standards for engine test cells/stands. The national 

emission standards for engine test cells/stands are those in 40 C.F.R. § 63, Subpart PPPPP (July 

1, 2009 July 1, 2012).

Source: 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 

SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:37. National emission standards for surface coating of miscellaneous metal 

parts and products. The national emission standards for surface coating of miscellaneous metal 

parts and products as published in 40 C.F.R. § 63, Subpart MMMM (July 1, 2009 July 1, 2012).

Source: 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 

SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:38. National emission standards for reinforced plastic composites 

production. The national emission standards for reinforced plastic composites production are 

those in 40 C.F.R. § 63, Subpart WWWW (July 1, 2009 July 1, 2012).
130

Source: 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 

SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:39. National emission standards for stationary combustion turbines. The 

national emission standards for stationary combustion turbines are those in 40 C.F.R. § 63, 

Subpart YYYY (July 1, 2009 July 1, 2012).

Source: 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 

SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:40. National emission standards for stationary reciprocating internal 

combustion engines. The national emission standards for stationary reciprocating internal 

combustion engines are those in 40 C.F.R. § 63, Subpart ZZZZ (July 1, 2009 July 1, 2012).

Source: 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 

SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.
131

74:36:08:41. National emission standards for industrial, commercial, and 

institutional boilers and process heaters. The national emission standards for industrial, 

commercial, and institutional boilers and process heaters are those in 40 C.F.R. § 63, Subpart 

DDDDD (July 1, 2009 July 1, 2012).

Source: 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 

SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:42. National emission standards for polyvinyl chloride and copolymers 

production. The national emission standards for polyvinyl chloride and copolymers production 

are those in 40 C.F.R. § 63, Subpart J (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:43. National emission standards for coke oven batteries. The national 

emission standards for coke oven batteries are those in 40 C.F.R. § 63, Subpart L, (July 1, 2009

July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.
132

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:44. National emission standards for pulp and paper industry. The national 

emission standards for pulp and paper industry are those in 40 C.F.R. § 63, Subpart S, (July 1, 

2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:45. National emission standards for group I polymers and resins. The 

national emission standards for group I polymers and resins are those in 40 C.F.R. § 63, Subpart 

U, (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:46. National emission standards for epoxy resins production and non-nylon 

polyamides production. The national emission standards for epoxy resins production and nonnylon polyamides production are those in 40 C.F.R. § 63, Subpart W, (July 1, 2009 July 1, 

2012).
133

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:47. National emission standards for secondary lead smelting. The national 

emission standards for secondary lead smelting are those in 40 C.F.R. § 63, Subpart X (July 1, 

2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:48. National emission standards for phosphoric acid manufacturing plants.

The national emission standards for phosphoric acid manufacturing plants are those in 40 C.F.R. 

§ 63, Subpart AA (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.
134

74:36:08:49. National emission standards for phosphate fertilizers production plants.

The national emission standards for phosphate fertilizers production plants are those in 40 C.F.R. 

§ 63, Subpart BB (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:50. National emission standards for petroleum refineries. The national 

emission standards for petroleum refineries are those in 40 C.F.R. § 63, Subpart CC (July 1, 

2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:51. National emission standards for off-site waste and recovery operations.

The national emission standards for off-site waste and recovery operations are those in 40 C.F.R. 

§ 63, Subpart DD (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.
135

74:36:08:52. National emission standards for magnetic tape manufacturing 

operations. The national emission standards for magnetic tape manufacturing operations are 

those in 40 C.F.R. § 63, Subpart EE (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:53. National emission standards for primary aluminum reduction plants.

The national emission standards for primary aluminum reduction plants are those in 40 C.F.R. 

§ 63, Subpart LL (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:54. National emission standards for chemical recovery combustion sources 

at kraft, soda, sulfite, and stand-alone semichemical pulp mills. The national emission 

standards for chemical recovery combustion sources at kraft, soda, sulfite, and stand-alone 

semichemical pulp mills are those in 40 C.F.R. § 63, Subpart MM (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.
136

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:55. National emission standards for ethylene manufacturing process units --

Heat exchange systems and waste operations. The national emission standards for heat 

exchange systems and waste operations are those in 40 C.F.R. § 63, Subpart XX (July 1, 2009

July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:56. Generic maximum achievable control technology standards. The generic 

maximum achievable control technology standards are those in 40 C.F.R. § 63, Subpart YY (July 

1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:57. National emission standards for steel pickling -- HC1 process facilities 

and hydrochloric acid regeneration plants. The national emission standards for HC1 process 
137

facilities and hydrochloric acid regeneration plants are those in 40 C.F.R. § 63, Subpart CCC 

(July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:58. National emission standards for mineral wool production. The national 

emission standards for mineral wool production are those in 40 C.F.R. § 63, Subpart DDD (July 

1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:59. National emission standards for hazardous waste combusters. The 

national emission standards for hazardous waste combusters are those in 40 C.F.R. § 63, Subpart 

EEE (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.
138

74:36:08:60. National emission standards for pharmaceutical production. The 

national emission standards for pharmaceutical production are those in 40 C.F.R. § 63, Subpart 

GGG (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:61. National emission standards for group IV polymers and resins. The 

national emission standards for group IV polymers and resins are those in 40 C.F.R. § 63, 

Subpart JJJ (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:62. National emission standards for wool fiberglass production. The national 

emission standards for wool fiberglass production are those in 40 C.F.R. § 63, Subpart NNN 

(July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.
139

74:36:08:63. National emission standards for manufacture of amino/phenolic resins.

The national emission standards for the manufacture of amino/phenolic resins are those in 40 

C.F.R. § 63, Subpart OOO (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:64. National emission standards for polyether polyols production. The 

national emission standards for polyether polyols production are those in 40 C.F.R. § 63, Subpart 

PPP (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:65. National emission standards for primary copper smelting. The national 

emission standards for primary copper smelting are those in 40 C.F.R. § 63, Subpart QQQ (July 

1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.
140

Law Implemented: SDCL 34A-1-18.

74:36:08:66. National emission standards for primary lead smelting. The national 

emission standards for primary lead smelting are those in 40 C.F.R. § 63, Subpart TTT (July 1, 

2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:67. National emission standards for petroleum refineries -- Catalytic 

cracking, catalytic reforming, and sulfur recovery units. The national emission standards for 

catalytic cracking, catalytic reforming, and sulfur recovery units at petroleum refineries are those 

in 40 C.F.R. § 63, Subpart UUU (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:68. National emission standards for ferroalloy production --

Ferromanganese and silicomanganese. The national emission standards for ferromanganese 

and silicomanganese production are those in 40 C.F.R. § 63, Subpart XXX (July 1, 2009 July 1, 

2012).
141

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:69. National emission standards for the manufacture of nutritional yeast.

The national emission standards for the manufacture of nutritional yeast are those in 40 C.F.R. 

§ 63, Subpart CCCC (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:70. National emission standards for plywood and composite wood products.

The national emission standards for plywood and composite wood products are those in 40 

C.F.R. § 63, Subpart DDDD (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.
142

74:36:08:71. National emission standards for non-gasoline organic liquids 

distribution. The national emission standards for non-gasoline organic liquids distribution are 

those in 40 C.F.R. § 63, Subpart EEEE (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:72. National emission standards for miscellaneous organic chemical 

manufacturing. The national emission standards for miscellaneous organic chemical 

manufacturing are those in 40 C.F.R. § 63, Subpart FFFF (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:73. National emission standards for wet-formed fiberglass mat production.

The national emission standards for wet-formed fiberglass mat production are those in 40 C.F.R. 

§ 63, Subpart HHHH (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.
143

74:36:08:74. National emission standards for surface coating of automobiles and 

light duty trucks. The national emission standards for surface coating of automobiles and light 

duty trucks are those in 40 C.F.R. § 63, Subpart IIII (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:75. National emission standards for surface coating of metal cans. The 

national emission standards for surface coating of metal cans are those in 40 C.F.R. § 63, Subpart 

KKKK (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:76. National emission standards for surface coating of large appliances. The 

national emission standards for surface coating of large appliances are those in 40 C.F.R. § 63, 

Subpart NNNN (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.
144

Law Implemented: SDCL 34A-1-18.

74:36:08:77. National emission standards for printing, coating, and dyeing of fabrics 

and other textiles. The national emission standards for printing, coating, and dyeing of fabrics 

and other textiles are those in 40 C.F.R. § 63, Subpart OOOO (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:78. National emission standards for surface coating of plastic parts and 

products. The national emission standards for surface coating of plastic parts and products are 

those in 40 C.F.R. § 63, Subpart PPPP (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:79. National emission standards for surface coating of wood building 

products. The national emission standards for surface coating of wood building products are 

those in 40 C.F.R. § 63, Subpart QQQQ (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.
145

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:80. National emission standards for surface coating of metal coil. The 

national emission standards for surface coating of metal coil are those in 40 C.F.R. § 63, Subpart 

SSSS (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:81. National emission standards for leather finishing operations. The 

national emission standards for leather finishing operations are those in 40 C.F.R. § 63, Subpart 

TTTT (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:82. National emission standards for cellulose products manufacturing. The 

national emission standards for cellulose products manufacturing are those in 40 C.F.R. § 63, 

Subpart UUUU (July 1, 2009 July 1, 2012).
146

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:83. National emission standards for boat manufacturing. The national 

emission standards for boat manufacturing are those in 40 C.F.R. § 63, Subpart VVVV (July 1, 

2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:84. National emission standards for rubber tire manufacturing. The national 

emission standards for rubber tire manufacturing are those in 40 C.F.R. § 63, Subpart XXXX 

(July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:85. National emission standards for lime manufacturing plants. The national 

emission standards for lime manufacturing plants are those in 40 C.F.R. § 63, Subpart AAAAA 

(July 1, 2009 July 1, 2012).
147

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:86. National emission standards for semiconductor manufacturing. The 

national emission standards for semiconductor manufacturing are those in 40 C.F.R. § 63, 

Subpart BBBBB (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:87. National emission standards for coke ovens -- Pushing, quenching, and 

battery stacks. The national emission standards for coke ovens are those in 40 C.F.R. § 63, 

Subpart CCCCC (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.
148

74:36:08:88. National emission standards for iron and steel foundries. The national 

emission standards for iron and steel foundries are those in 40 C.F.R. § 63, Subpart EEEEE (July 

1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:89. National emission standards for site remediation. The national emission 

standards for site remediation are those in 40 C.F.R. § 63, Subpart GGGGG (July 1, 2009 July 1, 

2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:90. National emission standards for miscellaneous coating manufacturing.

The national emission standards for miscellaneous coating manufacturing are those in 40 C.F.R. 

§ 63, Subpart HHHHH (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.
149

74:36:08:91. National emission standards for mercury cell chlor-alkali plants. The 

national emission standards for mercury cell chlor-alkali plants are those in 40 C.F.R. § 63, 

Subpart IIIII (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:92. National emission standards for clay ceramics manufacturing. The 

national emission standards for clay ceramics manufacturing are those in 40 C.F.R. § 63, Subpart 

KKKKK (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:93. National emission standards for flexible polyurethane foam production.

The national emission standards for flexible polyurethane foam production are those in 40 C.F.R. 

§ 63, Subpart III (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.
150

Law Implemented: SDCL 34A-1-18.

74:36:08:94. National emission standards for hydrochloric acid production. The 

national emission standards for hydrochloric acid production are those in 40 C.F.R. § 63, Subpart 

NNNNN (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:95. National emission standards for friction materials manufacturing 

facilities. The national emission standards for friction materials manufacturing facilities are 

those in 40 C.F.R. § 63, Subpart QQQQQ (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:96. National emission standards taconite iron ore processing. The national 

emission standards for taconite iron ore processing are those in 40 C.F.R. § 63, Subpart RRRRR 

(July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.
151

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:97. National emission standards for refractory products manufacturing.

The national emission standards for refractory products manufacturing are those in 40 C.F.R. 

§ 63, Subpart SSSSS (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:98. National emission standards for primary magnesium refining. The 

national emission standards for primary magnesium refining are those in 40 C.F.R. § 63, Subpart 

TTTTT (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:99. National emission standards for polyvinyl chloride and copolymers 

production area sources. The national emission standards for polyvinyl chloride and 

copolymers production area sources are those in 40 C.F.R. § 63, Subpart DDDDDD (July 1, 

2009 July 1, 2012). A source that operates a unit subject to Subpart DDDDDD is exempt from 
152

the obligation to obtain a Part 70 operating permit if the source is not required to obtain a Part 70 

operating permit for a reason other than the source is subject to Subpart DDDDDD. Exempted 

sources must still meet the applicable requirements in Subpart DDDDDD.

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:100. National emission standards for primary copper smelting area sources.

The national emission standards for primary copper smelting area sources are those in 40 C.F.R. 

§ 63, Subpart EEEEEE (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:101. National emission standards for secondary copper smelting area 

sources. The national emission standards for secondary copper smelting area sources are those in 

40 C.F.R. § 63, Subpart FFFFFF (July 1, 2009 July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.
153

74:36:08:102. National emission standards for primary nonferrous metals area 

sources -- Zinc, cadmium, and beryllium. The national emission standards for primary 

nonferrous metals area sources are those in 40 C.F.R. § 63, Subpart GGGGGG (July 1, 2009

July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:103. National emission standards for hospital ethylene oxide sterilizers. The 

national emission standards for hospital ethylene oxide sterilizers are those in 40 C.F.R. § 63, 

Subpart WWWWW (July 1, 2009 July 1, 2012). A source that operates a unit subject to Subpart 

WWWWW is exempt from the obligation to obtain a Part 70 operating permit if the source is not 

required to obtain a Part 70 operating permit for a reason other than the source is subject to 

Subpart WWWWW. Exempted sources must still meet the applicable requirements in Subpart 

WWWWW.

Source: 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.
154

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 July 1, 2012) 

Source: 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:105. National emission standards for iron and steel foundry area sources.

The national emission standards for iron and steel foundry area sources are those in 40 C.F.R. 

§ 63, Subpart ZZZZZ (July 1, 2009 July 1, 2012). A source that operates a unit subject to 

Subpart ZZZZZ is exempt from the obligation to obtain a Part 70 operating permit if the source 

is not required to obtain a Part 70 operating permit for a reason other than the source is subject to 

Subpart ZZZZZ. Exempted sources must still meet the applicable requirements in Subpart 

ZZZZZ.

Source: 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:106. National emission standards for gasoline distribution bulk terminals, 

bulk plants, and pipeline facilities. The national emission standards for gasoline distribution 

bulk terminals, bulk plants, and pipeline facilities are those in 40 C.F.R. § 63, Subpart BBBBBB 
155

(July 1, 2009 July 1, 2012). A source that operates a unit subject to Subpart BBBBBB is exempt 

from the obligation to obtain a Part 70 operating permit if the source is not required to obtain a 

Part 70 operating permit for a reason other than the source is subject to Subpart BBBBBB. 

Exempted sources must still meet the applicable requirements in Subpart BBBBBB

Source: 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:107. National emission standards for gasoline dispensing facilities. The 

national emission standards for gasoline dispensing facilities are those in 40 C.F.R. § 63, Subpart 

CCCCCC (July 1, 2009 July 1, 2012). A source that operates a unit subject to Subpart CCCCCC 

is exempt from the obligation to obtain a Part 70 operating permit if the source is not required to 

obtain a Part 70 operating permit for a reason other than the source is subject to Subpart 

CCCCCC. Exempted sources must still meet the applicable requirements in Subpart CCCCCC.

Source: 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:108. National emission standards for paint stripping and miscellaneous 

surface coating area sources. The national emission standards for paint stripping and 

miscellaneous coating area sources are those in 40 C.F.R. § 63, Subpart HHHHHH (July 1, 2009
156

July 1, 2012). A source that operates a unit subject to Subpart HHHHHH is exempt from the 

obligation to obtain a Part 70 operating permit if the source is not required to obtain a Part 70 

operating permit for a reason other than the source is subject to Subpart HHHHHH. Exempted 

sources must still meet the applicable requirements in Subpart HHHHHH.

Source: 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:109. National emission standards for acrylic and modacrylic fiber 

production area sources. The national emission standards for acrylic and modacrylic fiber 

production area sources are those in 40 C.F.R. § 63, Subpart LLLLLL (July 1, 2009 July 1, 

2012). A source that operates a unit subject to Subpart LLLLLL is exempt from the obligation to 

obtain a Part 70 operating permit if the source is not required to obtain a Part 70 operating permit 

for a reason other than the source is subject to Subpart LLLLLL. Exempted sources must still 

meet the applicable requirements in Subpart LLLLLL.

Source: 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.
157

74:36:08:110. National emission standards for carbon black production area sources.

The national emission standards for carbon black production area sources are those in 40 C.F.R. 

§ 63, Subpart MMMMMM (July 1, 2009 July 1, 2012).

Source: 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:111. National emission standards for chemical manufacturing area sources 

-- Chromium compounds. The national emission standards for chemical manufacturing area 

sources -- chromium compounds are those in 40 C.F.R. § 63, Subpart NNNNNN (July 1, 2009

July 1, 2012). A source that operates a unit subject to Subpart NNNNNN is exempt from the 

obligation to obtain a Part 70 operating permit if the source is not required to obtain a Part 70 

operating permit for a reason other than the source is subject to Subpart NNNNNN. Exempted 

sources must still meet the applicable requirements in Subpart NNNNNN.

Source: 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:112. National emission standards for flexible polyurethane foam production 

and fabrication area sources. The national emission standards for flexible polyurethane foam 

production and fabrication area sources are those in 40 C.F.R. § 63, Subpart OOOOOO (July 1, 
158

2009 July 1, 2012). A source that operates a unit subject to Subpart OOOOOO is exempt from 

the obligation to obtain a Part 70 operating permit if the source is not required to obtain a Part 70 

operating permit for a reason other than the source is subject to Subpart OOOOOO. Exempted 

sources must still meet the applicable requirements in Subpart OOOOOO.

Source: 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:113. National emission standards for lead acid battery manufacturing area 

sources. The national emission standards for lead acid battery manufacturing area sources are 

those in 40 C.F.R. § 63, Subpart PPPPPP (July 1, 2009 July 1, 2012). A source that operates a 

unit subject to Subpart PPPPPP is exempt from the obligation to obtain a Part 70 operating 

permit if the source is not required to obtain a Part 70 operating permit for a reason other than 

the source is subject to Subpart PPPPPP. Exempted sources must still meet the applicable 

requirements in Subpart PPPPPP.

Source: 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:114. National emission standards for wood preserving area sources. The 

national emission standards for wood preserving area sources are those in 40 C.F.R. § 63, 
159

Subpart QQQQQQ (July 1, 2009 July 1, 2012). A source that operates a unit subject to Subpart 

QQQQQQ is exempt from the obligation to obtain a Part 70 operating permit if the source is not 

required to obtain a Part 70 operating permit for a reason other than the source is subject to 

Subpart QQQQQQ. Exempted sources must still meet the applicable requirements in Subpart 

QQQQQQ.

Source: 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:115. National emission standards for clay ceramic manufacturing area 

sources. The national emission standards for clay ceramic manufacturing area sources are those 

in 40 C.F.R. § 63, Subpart RRRRRR (July 1, 2009 July 1, 2012). A source that operates a unit 

subject to Subpart RRRRRR is exempt from the obligation to obtain a Part 70 operating permit if 

the source is not required to obtain a Part 70 operating permit for a reason other than the source 

is subject to Subpart RRRRRR. Exempted sources must still meet the applicable requirements in 

Subpart RRRRRR.

Source: 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.
160

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 July 1, 2012).

Source: 36 SDR 207, effective June 28, 2010.

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 July 1, 

2012). A source that operates a unit subject to Subpart TTTTTT is exempt from the obligation to 

obtain a Part 70 operating permit if the source is not required to obtain a Part 70 operating permit 

for a reason other than the source is subject to Subpart TTTTTT. Exempted sources must still 

meet the applicable requirements in Subpart TTTTTT.

Source: 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:118. National emission standards for plating and polishing area sources.

The national emission standards for plating and polishing area sources are those in 40 C.F.R. 

§ 63, Subpart WWWWWW (July 1, 2009 July 1, 2012). A source that operates a unit subject to 
161

Subpart WWWWWW is exempt from the obligation to obtain a Part 70 operating permit if the 

source is not required to obtain a Part 70 operating permit for a reason other than the source is 

subject to Subpart WWWWWW. Exempted sources must still meet the applicable requirements 

in Subpart WWWWWW.

Source: 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:119. National emission standards for nine metal fabrication and finishing 

area sources. The national emission standards for nine fabrication and finishing area sources are 

those in 40 C.F.R. § 63, Subpart XXXXXX (July 1, 2009 July 1, 2012). A source that operates a 

unit subject to Subpart XXXXXX is exempt from the obligation to obtain a Part 70 operating 

permit if the source is not required to obtain a Part 70 operating permit for a reason other than 

the source is subject to Subpart XXXXXX. Exempted sources must still meet the applicable 

requirements in Subpart XXXXXX.

Source: 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:120. National emission standards for ferroalloys production area sources.

The national emission standards for ferroalloys production area sources are those in 40 C.F.R. 
162

§ 63, Subpart YYYYYY (July 1, 2009 July 1, 2012). A source that operates a unit subject to 

Subpart YYYYYY is exempt from the obligation to obtain a Part 70 operating permit if the 

source is not required to obtain a Part 70 operating permit for a reason other than the source is 

subject to Subpart YYYYYY. Exempted sources must still meet the applicable requirements in 

Subpart YYYYYY.

Source: 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:121. National emission standards for aluminum, copper, and other 

nonferrous foundry area sources. The national emission standards for aluminum, copper, and 

other nonferrous foundry area sources are those in 40 C.F.R. § 63, Subpart ZZZZZZ (July 1, 

2009 July 1, 2012). A source that operates a unit subject to Subpart ZZZZZZ is exempt from the 

obligation to obtain a Part 70 operating permit if the source is not required to obtain a Part 70 

operating permit for a reason other than the source is subject to Subpart ZZZZZZ. Exempted 

sources must still meet the applicable requirements in Subpart ZZZZZZ.

Source: 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.
163

74:36:08:122. National emission standards for coal- and oil-fired electric utility 

steam generating units. The national emission standards for coal- and oil-fired electric 

utility steam generating units are those in 40 C.F.R. § 63, Subpart UUUUU (July 1, 2012).

Source: 

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:123. National emission standards for industrial, commercial, and 

institutional boilers area sources. The national emission standards for industrial, 

commercial, and institutional boilers area sources are those in 40 C.F.R. § 63, Subpart 

JJJJJJ (July 1, 2012). A source that operates a unit subject to Subpart JJJJJJ is exempt 

from the obligation to obtain a Part 70 operating permit if the source is not required to 

obtain a Part 70 operating permit for a reason other than the source is subject to Subpart 

JJJJJJ. Exempted sources must still meet the applicable requirements in Subpart JJJJJJ.

Source: 

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:124. National emission standards for chemical manufacturing area sources. 

The national emission standards for chemical manufacturing area sources are those in 40 

C.F.R. § 63, Subpart VVVVVV (July 1, 2012). A source that operates a unit subject to 
164

Subpart VVVVVV is exempt from the obligation to obtain a Part 70 operating permit if the 

source is not required to obtain a Part 70 operating permit for a reason other than the 

source is subject to Subpart VVVVVV. Exempted sources must still meet the applicable 

requirements in Subpart VVVVVV.

Source: 

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:125. National emission standards for asphalt processing and asphalt roofing 

manufacturing area sources. The national emission standards for asphalt processing and 

asphalt roofing manufacturing area sources are those in 40 C.F.R. § 63, Subpart 

AAAAAAA (July 1, 2012). A source that operates a unit subject to Subpart AAAAAAA is 

exempt from the obligation to obtain a Part 70 operating permit if the source is not 

required to obtain a Part 70 operating permit for a reason other than the source is subject 

to Subpart AAAAAAA. Exempted sources must still meet the applicable requirements in 

Subpart AAAAAAA.

Source: 

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.
165

74:36:08:126. National emission standards for chemical preparations industry area 

sources. The national emission standards for chemical preparations industry area sources 

are those in 40 C.F.R. § 63, Subpart BBBBBBB (July 1, 2012). A source that operates a unit 

subject to Subpart BBBBBBB is exempt from the obligation to obtain a Part 70 operating 

permit if the source is not required to obtain a Part 70 operating permit for a reason other 

than the source is subject to Subpart BBBBBBB. Exempted sources must still meet the 

applicable requirements in Subpart BBBBBBB.

Source: 

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:127. National emission standards for paints and allied products 

manufacturing area sources. The national emission standards for paints and allied 

products manufacturing area sources are those in 40 C.F.R. § 63, Subpart CCCCCCC 

(July 1, 2012). A source that operates a unit subject to Subpart CCCCCCC is exempt from 

the obligation to obtain a Part 70 operating permit if the source is not required to obtain a 

Part 70 operating permit for a reason other than the source is subject to Subpart 

CCCCCCC. Exempted sources must still meet the applicable requirements in Subpart 

CCCCCCC.

Source: 

General Authority: SDCL 34A-1-6.
166

Law Implemented: SDCL 34A-1-18.

74:36:08:128. National emission standards for prepared feeds manufacturing area 

sources. The national emission standards for prepared feeds manufacturing area sources 

are those in 40 C.F.R. § 63, Subpart DDDDDDD (July 1, 2012). A source that operates a 

unit subject to Subpart DDDDDDD is exempt from the obligation to obtain a Part 70 

operating permit if the source is not required to obtain a Part 70 operating permit for a 

reason other than the source is subject to Subpart DDDDDDD. Exempted sources must still 

meet the applicable requirements in Subpart DDDDDDD.

Source: 

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:129. National emission standards for gold mine ore processing and 

production area sources. The national emission standards for gold mine ore processing and 

production area sources are those in 40 C.F.R. § 63, Subpart EEEEEEE (July 1, 2012). 

Source: 

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.
167

74:36:08:130. National emission standards for polyvinyl chloride and copolymers 

production. The national emission standards for polyvinyl chloride and copolymers 

production are those in 40 C.F.R. § 63, Subpart HHHHHHH (July 1, 2012). 

Source: 

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

CHAPTER 74:36:09

PREVENTION OF SIGNIFICANT DETERIORATION

Section

74:36:09:01 Applicability.

74:36:09:01.01 Prevention of significant deterioration permit required.

74:36:09:02 Prevention of significant deterioration.

74:36:09:03 Public participation.

74:36:09:02. Prevention of significant deterioration. For the purposes of this chapter, 

the state's definitions and requirements for the prevention of significant deterioration are those in 

40 C.F.R. § 52.21 (July 1, 2009 July 1, 2012), as revised by EPA in publication 75 Fed. Reg. 
168

31606 and 31607 (June 3, 2010), except for 40 C.F.R. § 52.21(a)(1), (a)(2)(iv)(e), (a)(2)(vi), 

(b)(2)(iii)(h), (b)(3)(iii)(b), (b)(3)(vi)(d), (b)(32), (b)(42), (b)(55), (b)(56), (b)(57), (b)(58), (f), 

(k)(2), (q), (s), (t), (u), (x), (y), (z), and (cc) (July 1, 2009 July 1, 2012) with the following 

differences:

(1) For the purposes of this section, all terms defined in this section have the meaning 

defined in 40 C.F.R. § 52.21, except for the term "administrator" which means the secretary with 

the following exceptions:

(a) In 40 C.F.R. §§ 52.21(b)(3)(iii) and 52.21(b)(37)(iii), the term "administrator" 

means either the secretary or the administrator of EPA, as applicable;

(b) In 40 C.F.R. §§ 52.21(w)(2) to 52.21(w)(4), inclusive, the term "administrator" 

means either the secretary or the administrator of EPA, as applicable;

(c) In 40 C.F.R. §§ 52.21(b)(17); 52.21(b)(37)(i); 52.21(b)(43); 52.21(b)(48)(ii)(c); 

52.21(b)(50)(i); 52.21(g)(1) to 52.21(g)(6), inclusive; 52.21(l)(2); and 52.21(p)(2) the term 

"administrator" means the administrator of EPA;

(2) For the purposes of this section, the term "Act" means the Clean Air Act;

(3) For the purposes of this section, in 40 C.F.R. § 52.21(c), the Class I areas in South 

Dakota are Wind Cave National Park and the Badlands National Park;
169

(4) For the purposes of this section, 40 C.F.R § 52.21(a)(2)(iv)(f) is incorporated by 

reference excluding the last sentence which states, "For example, if a project involves both an 

existing emissions unit and a Clean Unit, the projected increase is determined by summing the 

values determined using the method specified in paragraph (a)(2)(iv)(c) of this section for the 

existing unit and using the method specified in paragraph (a)(2)(iv)(e) of this section for the 

Clean Unit";

(5) (4) For the purposes of this section, 40 C.F.R. § 52.21(b)(2)(iii)(a) is incorporated by 

reference excluding the second sentence which states, "Routine maintenance, repair and 

replacement shall include, but not be limited to, any activity(s) that meets the requirements of the 

equipment replacement provisions contained in paragraph (cc) of this section";

(6) For the purposes of this section, 40 C.F.R. § 52.21(r)(6) is incorporated by reference 

excluding the phrase, "(other than projects at a Clean Unit or at a source with a PAL)";

(7) (5) For the purposes of this section, 40 C.F.R. § 52.21(v)(1) is incorporated by 

reference excluding the phrase, "under 40 CFR 124.10"; and

(8) (6) For the purposes of this section, 40 C.F.R. § 52.21(w)(1) is incorporated by 

reference excluding the phrase, "expires under paragraph (s) of this section or".
170

The secretary shall transmit to the administrator of the EPA a copy of each permit 

application subject to this section and shall notify the administrator of the EPA of each 

significant action the secretary takes on the application.

If EPA stays or withdraws the regulation of greenhouse gases as identified in publication 

75 Fed. Reg. 31606 and 31607 (June 3, 2010) 40 C.F.R. § 52.21(w)(1) (July 1, 2012), or a court 

issues an order vacating or otherwise invalidating EPA's regulation of greenhouse gases for any 

reason, the regulation of greenhouse gases by Article 74:36 are void as of the date of such 

administrative or judicial action and shall have no further force and effect.

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 30 

SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 33 SDR 43, 

effective September 18, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 

28, 2010; 37 SDR 182, effective April 20, 2011.

General Authority: SDCL 34A-1-6, 34A-1-18.

Law Implemented: SDCL 34A-1-18.

74:36:09:03. Public participation. For the purposes of this chapter, the state's public 

participation procedures are those in 40 C.F.R. § 51.166(q) (July 1, 2009 July 1, 2012), 

excluding the phrase "The plan shall provide that..." with the following differences:

(1) For the purposes of this section, in 40 C.F.R. § 52.166(q) the phrase "reviewing 

authority" means the secretary;
171

(2) For the purposes of this section, in 40 C.F.R. § 51.166(q)(1) the phrase "specified time 

period" means 60 days;

(3) For the purposes of this section, in 40 C.F.R. § 51.166(q)(2)(iv), the term 

"administrator" means the administrator of EPA;

(4) For the purposes of this section, in 40 C.F.R. § 51.166(q)(2)(iii), the phrase "Notify the 

public" shall consist of a public notice once in a legal newspaper in the county where the 

proposed source would be constructed. The public notice shall include a statement that a person 

may submit comments or contest the draft permit within 30 days after the publication of the 

notice. The statement shall also describe the procedures a person must follow to contest the draft 

permit and request a hearing in accordance with article 74:09;

(5) For the purposes of this section, in 40 C.F.R. § 51.166(q)(2)(v), a public hearing is 

required if a person contests the draft permit or contests the secretary's final determination and 

requests a hearing in accordance with article 74:09; and

(6) For the purposes of this section, in 40 C.F.R. § 51.166(q)(2)(viii), if a request for a 

contested case hearing is not submitted during the public notice period, the secretary shall make 

a final determination within 30 days of the end of the public comment period on the draft permit. 

The secretary shall notify, in writing, the applicant and each person that submitted written 

comments or requested notice of the final determination. The notice shall include reference to the 
172

procedures for contesting the final determination and requesting a hearing in accordance with 

article 74:09 within 30 days of receiving the secretary's final determination. If no person 

comments on a draft permit, requests changes, or contests the draft permit during the public 

notice period, the draft permit automatically becomes the secretary's final determination and is 

issued at the end of the public notice period.

Source: 33 SDR 43, effective September 18, 2006; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6, 34A-1-18.

Law Implemented: SDCL 34A-1-18.

CHAPTER 74:36:10

NEW SOURCE REVIEW

Section

74:36:10:01 Applicability.

74:36:10:02 Definitions.

74:36:10:03 Repealed.

74:36:10:03.01 New source review preconstruction permit required.

74:36:10:04 Repealed.

74:36:10:05 New source review preconstruction permit.
173

74:36:10:06 Causing or contributing to a violation of any national ambient air quality 

standard.

74:36:10:07 Determining credit for emission offsets.

74:36:10:08 Projected actual emissions.

74:36:10:09 Clean unit test for emission units subject to lowest achievable emission rate.

Repealed.

74:36:10:10 Clean unit test for emission units comparable to lowest achievable emission rate.

Repealed.

74:36:10:02. Definitions. For the purposes of this chapter, the definitions for new source 

review are those in 40 C.F.R. § 51.165(a)(1) (July 1, 2009 July 1, 2012).

For the purposes of this chapter, the term, Act, means the Clean Air Act.

For the purposes of this section, the term, reviewing authority, means the secretary.

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 30 

SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 36 SDR 207, 

effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6.
174

74:36:10:03.01. New source review preconstruction permit required. New major 

stationary sources or major modifications to existing major sources must obtain a preconstruction 

permit before beginning actual construction if they are located in the following areas:

(1) An attainment or unclassified area if the source would cause or contribute to a 

violation of any national ambient air quality standard; or

(2) An area designated nonattainment for any national ambient air quality standard if the 

source is major for the pollutant for which the area is designated nonattainment.

Except as provided by a plant-wide applicability limit and a pollution control project 

exclusion, a proposed project is considered a major modification to an existing major source if

the proposed project meets the criteria in 40 C.F.R. § 51.165(a)(2)(ii)(A) to (F), inclusive, (July 

1, 2009 July 1, 2012).

Source: 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 

36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6, 34A-1-21.

Law Implemented: SDCL 34A-1-6, 34A-1-21.

Note: The procedural requirements for obtaining a preconstruction permit under the new 

source review program are similar to the procedural requirements for a Part 70 source, such as a 
175

timely and complete application, completeness review, statement of basis, public participation, 

and departmental recommendation, as outlined in §§ 74:36:05:08 to 74:36:05:20.01, inclusive.

74:36:10:05. New source review preconstruction permit. A new source review 

preconstruction permit must satisfy the following criteria before beginning actual construction:

(1) All requirements for new source performance standards in chapter 74:36:07 that apply 

to the facility;

(2) Compliance with the lowest achievable emission rate (LAER);

(3) Certification of compliance that all other major sources, major modifications, or 

reconstructed facilities that are owned, operated, or controlled by the applicant either in whole or 

in part elsewhere in the state are in compliance with all applicable emission limitations and 

standards; and

(4) The total tonnage of increased emissions, in tons per year, resulting from a major 

modification that must be offset shall be determined by summing the difference between the 

allowable emissions after the modification and the actual emissions before the modification for 

each emissions unit. Emissions offsets are determined in accordance with § 74:36:10:07.
176

The owner or operator may use a clean unit test as described in § 74:36:10:09 or 

74:36:10:10 to determine whether emission increases at a clean unit are part of a project that is a 

major modification.

The owner or operator may apply for a pollution control project exclusion. The procedures 

for a pollution control project exclusion are those in 40 C.F.R. § 51.165(e)(1) to (e)(6), inclusive, 

(July 1, 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)(1) to (f)(15), inclusive, (July 1, 

2009 July 1, 2012).

Approval to construct does not relieve an owner or operator of the responsibility to comply 

fully with applicable provisions of this article or the Clean Air Act and any other requirements 

under local, state, or federal law.

Submission of preconstruction monitored or projected ambient air quality data, or both, 

from the proposed source must accompany the permit application. In addition, air quality 

dispersion modeling and meteorological data for the prescribed area may be required by the 

department. Costs of these requirements must be absorbed by the proposed source.

Source: 7 SDR 4, effective July 27, 1980; transferred from § 44:10:01:16, effective July 1, 

1981; 8 SDR 71, effective December 21, 1981; 10 SDR 68, effective January 5, 1984; 13 SDR 
177

129, 13 SDR 141, effective July 1, 1987; 16 SDR 88, effective November 14, 1989; 17 SDR 

170, effective May 13, 1991; transferred from § 74:26:01:16, 19 SDR 157, effective April 22, 

1993; 21 SDR 119, effective January 5, 1995; 30 SDR 26, effective September 1, 2003; 31 SDR 

101, effective January 2, 2005; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-22.

74:36:10:06. Causing or contributing to a violation of any national ambient air 

quality standard. This section applies to any major stationary source or major modification to 

an existing major source that is located in an attainment or unclassifiable area that may cause or 

contribute to violation of a national ambient air quality standard. A major stationary source or 

major modification to an existing major source is considered to cause or contribute to a violation 

of a national ambient air quality standard if the source or modification would, at a minimum, 

exceed the following significance levels at any locality that does not or would not meet the 

applicable national standard:

POLLUTANT AND SIGNIFICANT LEVELS

Averaging time (hours)

Annual 24 8 3 1

(1) SO2: 1.0 ug/m3 5 ug/m3 - 25 ug/m3 -

(2) PM10: 1.0 ug/m3 5 ug/m3 - - -
178

(3) PM2.5 0.3 ug/m3 1.2 ug/m3 - - -

(3) (4) NO2: 1.0 ug/m3 - - - -

(4) (5) CO - - 0.5 mg/m3 - 2 mg/m3

The owner or operator of a new major stationary source or major modification to an 

existing major source may reduce the impact of its emissions on air quality by obtaining 

emission offsets to compensate for its adverse ambient impact where the new major source or 

major modification to an existing major source would otherwise cause or contribute to a 

violation of the national ambient air quality standard. The procedures for determining credit for 

emission offsets are those in § 74:36:10:07.

Source: 17 SDR 170, effective May 13, 1991; transferred from § 74:26:01:16:02, 19 SDR 

157, effective April 22, 1993; 30 SDR 26, effective September 1, 2003.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6.

74:36:10:07. Determining credit for emission offsets. The baseline for determining 

credit for emission offsets is the emission limit in effect at the time the application to construct is 

filed, except that the offset baseline is the actual emission of the unit from which offset credit is 

obtained if the demonstration of reasonable further progress and attainment of ambient air 

quality standards is based upon the actual emission of sources located within a designated 

nonattainment area; or if there is no applicable emission limit.
179

In determining credit for emission offsets the following criteria shall be met:

(1) All offsets must be for the same regulated NSR pollutant, result in a net positive air 

quality benefit in the affected area, and be approved by the department before issuance of the 

permit, even though they need not be in effect until the source commences operation. The offset 

ratio of total actual emissions reductions to the emissions increase shall be at least 1 to 1 

unless an alternative ratio is provided in accordance with the offset requirements in 40 

C.F.R. § 51.165(a)(9)(ii) through 51.165(a)(9)(iv) (July 1, 2012);

(2) External offsets or those emission limitations from sources not owned, operated, or 

controlled by an applicant for a permit shall be made through a revision of the permit conditions 

of the participating source or sources. At no time may the baseline be exceeded;

(3) The permissible location of offsetting emissions shall be conducted in accordance with 

40 C.F.R., Part 51, Appendix S, section IV.D (July 1, 2009 July 1, 2012);

(4) For an existing fuel combustion unit, credit shall be based on the emission limit for the 

type of fuel being burned at the time the application to construct is filed. If the existing source 

agrees to switch to a cleaner fuel at some future date, emission offset credits based on the 

allowable or actual emissions for the fuels involved may be allowed only if permit conditions 

specify an alternative control measure that would achieve the same degree of emission reduction 

if the source switched back to the dirtier fuel at some later date;
180

(5) Emission reductions achieved by shutting down an existing unit or curtailing 

production or operating hours below baseline levels may be credited if the reductions are 

permanent, quantifiable, federally enforceable, and the area has a federally-approved attainment 

plan. In addition, the shutdown or curtailed production must occur after August 7, 1977, or less 

than one year before the date of submitting the permit application, whichever is earlier. Emission 

reductions may be credited in the absence of a federally-approved attainment plan if the 

shutdown or curtailment occurred on or after the date the application is filed for a new unit or if 

the applicant can establish that the proposed new unit is a replacement for the shutdown or 

curtailed unit, and the shutdown or curtailment occurred after August 7, 1977, or less than one 

year before the date of submitting the permit application, whichever is earlier;

(6) Except as set forth in 40 C.F.R. § 51.165(a)(3)(ii)(D) (July 1, 2009 July 1, 2012), 

emission offset credit may not be allowed for replacing one hydrocarbon compound with another 

of lesser reactivity;

(7) Credit for emissions reduction may be claimed to the extent that the department has 

not relied on it in issuing a permit or in its demonstration of attainment or reasonable further 

progress;

(8) If the emissions limit allows greater emissions than the potential to emit of the unit, the 

emission offset credit is allowed only for the control below the potential to emit of the unit;
181

(9) Decreases in actual emissions resulting from the installation of add-on control 

technology or application of pollution prevention measures that were relied upon in designating 

an emissions unit as a clean unit or a project as a pollution control project may not be used as 

offset;

(10) Decreases in actual emissions occurring at a clean unit may not be used as offsets, 

except as provided in 40 C.F.R. § 51.165(c)(8) and (d)(10) (July 1, 2009). Similarly, decreases in 

actual emissions occurring at a pollution control project may not be used as offsets, except as 

provided in 40 C.F.R. § 51.165(e)(6)(iv) (July 1, 2009); and

(11) (9) All emission reductions claimed as offset credit must be federally enforceable.

Source: 7 SDR 4, effective July 27, 1980; transferred from §§ 44:10:01:15 and 

44:10:01:17, effective July 1, 1981; 8 SDR 71, effective December 21, 1981; 12 SDR 183, 

effective May 21, 1986; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 17 SDR 170, effective 

May 13, 1991; transferred from §§ 74:26:01:15, 74:26:01:16.01, and 74:26:01:17, 19 SDR 157, 

effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 30 SDR 26, effective 

September 1, 2003; 31 SDR 101, effective January 2, 2005; 36 SDR 207, effective June 28, 

2010.

General Authority: SDCL 34A-1-6, 34A-1-21.

Law Implemented: SDCL 34A-1-21, 34A-1-22.
182

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) (vi), inclusive, 

(July 1, 2009 July 1, 2012). This section does not apply to projects at a clean unit or at a source 

with a plant-wide applicability limit.

The owner or operator shall make the information required to be documented in 40 C.F.R. 

§ 51.165(a)(6)(i) to (v) (vi), inclusive, (July 1, 2009 July 1, 2012) available for review upon a 

request for inspection by the secretary or the general public pursuant to the requirements 

contained in 40 C.F.R. § 70.4(b)(3)(viii) (July 1, 2009 July 1, 2012).

Source: 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 

36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6.

74:36:10:09. Clean unit test for emission units subject to lowest achievable emission 

rate. A clean unit test may be used to determine whether an emission increase at a clean unit is 

part of a project that is a major modification according to the provisions in 40 C.F.R. 

§ 51.165(c)(1) to (c)(9), inclusive, (July 1, 2009). Repealed.
183

Source: 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 

36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6.

74:36:10:10. Clean unit test for emission units comparable to lowest achievable 

emission rate. A clean unit test may be used to determine whether an emission increase at a 

clean unit is part of a project that is a major modification for a clean unit that does not qualify as 

a clean unit under § 74:36:10:09, but is achieving a level of emission control comparable to 

lowest achievable emission rate as determined by the secretary in accordance with the provisions 

in 40 C.F.R. § 51.165(d)(2) to (d)(11), inclusive, (July 1, 2009). Repealed.

Source: 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 

36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6.

CHAPTER 74:36:11

PERFORMANCE TESTING

Section
184

74:36:11:01 Stack performance testing or other testing methods.

74:36:11:02 Secretary may require performance tests.

74:36:11:03 Notice to department of performance test.

74:36:11:04 Testing new fuels or raw materials.

74:36:11:01. Stack performance testing or other testing methods. All stack 

performance tests or other test methods must be made in accordance with the applicable method 

specified in 40 C.F.R. § 60.17; Part 60, Appendix A; § 63.14; Part 63, Appendix A; and Part 51, 

Appendix M (all July 1, 2009 July 1, 2012).

Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from 

§ 34:10:05:01, 7 SDR 4, effective July 27, 1980; transferred from § 44:10:05:01, effective July 1, 

1981; 10 SDR 68, effective January 5, 1984; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 

14 SDR 72, effective November 24, 1987; 16 SDR 88, effective November 14, 1989; 17 SDR 

170, effective May 13, 1991; transferred from §§ 74:26:05:01, 19 SDR 157, effective April 22, 

1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 1996; 26 

SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, 

effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 36 SDR 207, effective June 28, 

2010.

General Authority: SDCL 34A-1-6, 34A-1-12.

Law Implemented: SDCL 34A-1-12.
185

CHAPTER 74:36:12

CONTROL OF VISIBLE EMISSIONS

Section

74:36:12:01 Restrictions on visible emissions.

74:36:12:02 Exceptions to restrictions.

74:36:12:03 Exceptions granted to alfalfa palletizes or dehydrators.

74:36:12:01. Restrictions on visible emissions. The owner or operator of a source may 

not discharge into the ambient air from a single unit of emissions an air pollutant of a density 

equal to or greater than that designated as 20 percent opacity, as established by the 

Environmental Protection Agency's Method 9 in 40 C.F.R. Part 60, Appendix A (July 1, 2009 

July 1, 2012).

Source: SL 1975, ch 16, § 1; transferred from § 34:10:03:01, 7 SDR 4, effective July 27, 

1980; transferred from § 44:10:03:01, effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective 

July 1, 1987; 17 SDR 170, effective May 13, 1991; transferred from § 74:26:03:01, 19 SDR 157, 

effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April 4, 

1999; 26 SDR 168, effective June 27, 2000; 31 SDR 101, effective January 2, 2005; 32 SDR 

209, effective June 13, 2006; 36 SDR 207, effective June 28, 2010.
186

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6.

74:36:12:02. Exceptions to restrictions. The provisions of § 74:36:12:01 do not apply in the 

following circumstances:

 (1) If the presence of uncombined water is the only reason for failure to meet the 

requirements of § 74:36:12:01;

 (2) If smoke is emitted for the purpose of training or research and is approved by the 

department; and

 (3) For brief periods during such operations as soot blowing, start-up, shut-down, and 

malfunctions.

 Source: SL 1975, ch 16, § 1; transferred from § 34:10:03:03, 7 SDR 4, effective July 27, 

1980; transferred from § 44:10:03:03, effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective 

July 1, 1987; transferred from § 74:26:03:03, 19 SDR 157, effective April 22, 1993.

 General Authority: SDCL 34A-1-6.

 Law Implemented: SDCL 34A-1-6.

74:36:12:03. Exceptions granted to alfalfa palletizes or dehydrators. The owner or 

operator of a facility that pelletizes or dehydrates alfalfa, or that does both, may discharge into 

the ambient air an air pollutant of a density no greater than 30 percent opacity, as established by 
187

the Environmental Protection Agency's Method 9 in 40 C.F.R. Part 60, Appendix A (July 1, 

2009 July 1, 2012).

Source: 8 SDR 133, effective April 18, 1982; 11 SDR 151, effective May 12, 1985; 13 

SDR 129, 13 SDR 141, effective July 1, 1987; 17 SDR 170, effective May 13, 1991; transferred 

from § 74:26:03:05, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 

1995; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 36 SDR 

207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6.

CHAPTER 74:36:13

CONTINUOUS EMISSION MONITORING SYSTEMS

Section

74:36:13:01 Secretary may require continuous emission monitoring systems (CEMS).

74:36:13:02 Minimum performance specifications for all continuous emission monitoring 

systems.

74:36:13:03 Reporting requirements.

74:36:13:04 Notice to department of exceedance.

74:36:13:05 Compliance determined by data from continuous emission monitor.
188

74:36:13:06 Compliance certification.

74:36:13:07 Credible evidence.

74:36:13:08 Compliance assurance monitoring.

74:36:13:02. Minimum performance specifications for all continuous emission 

monitoring systems. Minimum performance specifications for all continuous emission 

monitoring systems are those contained in 40 C.F.R. Part 60, Appendix B and 40 C.F.R. § 60.13 

(July 1, 2009 July 1, 2012 ).

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 26 

SDR 168, effective June 27, 2000; 31 SDR 101, effective January 2, 2005; 32 SDR 209, 

effective June 13, 2006; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6, 34A-1-12.

Law Implemented: SDCL 34A-1-12.

74:36:13:03. Reporting requirements. Owners or operators of those sources required to 

install continuous emission monitoring systems shall observe the reporting requirements 

contained in 40 C.F.R. § 60.7 (July 1, 2009 July 1, 2012). All records must be made available to 

the department on request.
189

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 26 

SDR 168, effective June 27, 2000; 31 SDR 101, effective January 2, 2005; 32 SDR 209, 

effective June 13, 2006; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6, 34A-1-12.

Law Implemented: SDCL 34A-1-12.

74:36:13:04. Notice to department of exceedance. Any emissions that exceed the 

standards listed in 40 C.F.R. Part 60 (July 1, 2009 July 1, 2012) or this article that are detected 

through continuous emission monitoring systems (CEMS) must be reported to the department 

within the time constraints as determined by the secretary in the permit to operate.

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 26 

SDR 168, effective June 27, 2000; 31 SDR 101, effective January 2, 2005; 32 SDR 209, 

effective June 13, 2006; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6, 34A-1-12.

Law Implemented: SDCL 34A-1-12.

74:36:13:06. Compliance certification. Notwithstanding any other provision in any plan 

approved by the administrator, for the purpose of submission of compliance certifications an 

owner or operator may use monitoring as required under 40 C.F.R. § 70.6(a)(3) (July 1, 2009

July 1, 2012) and incorporated into a federally enforceable operating permit in addition to any 

specified compliance methods.
190

Source: 21 SDR 119, effective January 5, 1995; 31 SDR 101, effective January 2, 2005; 

32 SDR 209, effective June 13, 2006; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6, 34A-1-12.

Law Implemented: SDCL 34A-1-12.

74:36:13:07. Credible evidence. Notwithstanding any other provision, any credible 

evidence may be used for the purpose of establishing whether a person has violated or is in 

violation of a plan. Credible evidence is as follows:

(1) Information from the use of the following methods is presumptively credible evidence 

of whether a violation has occurred at the source:

(a) A monitoring method approved for the source pursuant to 40 C.F.R. § 70.6(a)(3) 

(July 1, 2009 July 1, 2012) and incorporated in a federally enforceable operating permit;

(b) Compliance methods specified in the applicable plan; and

(2) The following testing, monitoring, or information gathering methods are 

presumptively credible testing, monitoring, or information-gathering methods;

(a) Any federally enforceable monitoring or testing methods, including those in 40 

C.F.R. Parts 51, 60, 61, and 75 (July 1, 2009 July 1, 2012);
191

(b) Other testing, monitoring, or information-gathering methods that produce 

information comparable to that produced by any method in subdivision (1) or (2)(a) of this 

section.

Source: 21 SDR 119, effective January 5, 1995; 26 SDR 168, effective June 27, 2000; 31 

SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 36 SDR 207, 

effective June 28, 2010.

General Authority: SDCL 34A-1-6, 34A-1-12.

Law Implemented: SDCL 34A-1-12.

74:36:13:08. Compliance assurance monitoring. The owner or operator of a unit that is 

subject to 40 C.F.R. § 64.2 (July 1, 2009 July 1, 2012), must comply with 40 C.F.R. §§ 64.1 and 

64.3 to 64.10, inclusive, (July 1, 2009 July 1, 2012).

Source: 25 SDR 123, effective April 4, 1999; 26 SDR 168, effective June 27, 2000; 31 

SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 36 SDR 207, 

effective June 28, 2010.

General Authority: SDCL 34A-1-6, 34A-1-12.

Law Implemented: SDCL 34A-1-12.

CHAPTER 74:36:16

ACID RAIN PROGRAM
192

Section

74:36:16:01 General provisions.

74:36:16:02 Allowance system.

74:36:16:03 Reserved.

74:36:16:04 Continuous emission monitoring.

74:36:16:05 Nitrogen oxides emission reduction.

74:36:16:01. General provisions. The following provisions are incorporated by 

reference: 40 C.F.R. §§ 72.2 to 72.85, inclusive, (July 1, 2009 July 1, 2012) except for the 

following definitions in § 72.2: Environmental Appeals Board, EPA trial staff, ex parte 

communication, hearing clerk, presiding officer, and state operating permit program and except 

for §§ 72.4, 72.5, 72.6(c), 72.10, 72.12, 72.13, 72.20, 72.23 to 72.25, inclusive, 72.60 to 72.71, 

inclusive, 72.73, and 72.74. For the purposes of this chapter, "administrator" means the secretary, 

except for those authorities which cannot be delegated to the state, in which case "administrator" 

means the administrator of the Environmental Protection Agency.

Source: 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April 4, 1999; 26 

SDR 168, effective June 27, 2000; 31 SDR 101, effective January 2, 2005; 32 SDR 209, 

effective June 13, 2006; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6, 34A-1-18.
193

Law Implemented: SDCL 34A-1-18.

74:36:16:02. Allowance system. The allowance system for the acid rain program is that 

in 40 C.F.R. §§ 73.1 to 73.53, inclusive, (July 1, 2009 July 1, 2012).

Source: 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April 4, 1999; 26 

SDR 168, effective June 27, 2000; 31 SDR 101, effective January 2, 2005; 32 SDR 209, 

effective June 13, 2006; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6, 34A-1-18.

Law Implemented: SDCL 34A-1-18.

74:36:16:04. Continuous emission monitoring. The continuous emission monitoring 

requirements for the acid rain program are those in 40 C.F.R. §§ 75.1 to 75.67, inclusive, (July 1, 

2009 July 1, 2012) and Appendixes A to H, inclusive, to 40 C.F.R. Part 75 (July 1, 2009 July 1, 

2012).

Source: 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April 4, 1999; 26 

SDR 168, effective June 24, 2000; 31 SDR 101, effective January 2, 2005; 32 SDR 209, 

effective June 13, 2006; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6, 34A-1-18.

Law Implemented: SDCL 34A-1-18.
194

74:36:16:05. Nitrogen oxides emission reduction. The nitrogen oxides emission 

reduction requirements for the acid rain program are those in 40 C.F.R. §§ 76.1 to 76.16, 

inclusive, (July 1, 2009 July 1, 2012).

Source: 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April 4, 1999; 26 

SDR 168, effective June 27, 2000; 31 SDR 101, effective January 2, 2005; 32 SDR 209, 

effective June 13, 2006; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6, 34A-1-18.

Law Implemented: SDCL 34A-1-18.

CHAPTER 74:36:18

REGULATIONS FOR STATE FACILITIES IN THE RAPID CITY AREA

Section

74:36:18:01 Definitions.

74:36:18:02 Applicability.

74:36:18:03 Permit required.

74:36:18:04 Time period for permits and renewals.

74:36:18:05 Required contents of a complete application for a permit.

74:36:18:06 Contents of permit.

74:36:18:07 Permit expiration.
195

74:36:18:08 Renewal of permit.

74:36:18:09 Reasonably available control technology required.

74:36:18:10 Visible emissions limit for construction and continuous operation activities.

74:36:18:11 Exception to visible emission limit.

74:36:18:12 Notice of operating noncompliance -- Contents.

74:36:18:04. Time period for permits and renewals. A construction activity or 

continuous operation activity permit is issued for a period up to five years and all subsequent 

permits are for periods of five years.

Source: 28 SDR 178, effective July 1, 2002.

General Authority: SDCL 34A-1-6, 34A-1-21, 34A-1-24.

Law Implemented: SDCL 34A-1-21, 34A-1-24.

74:36:18:05. Required contents of a complete application for a permit. An application 

for a construction activity and continuous operation activity permit shall contain the following 

information to be considered complete:

(1) General company information, including the company name and address, the owner's 

name and agent, and the plant site manager or contact;

(2) Legal description and location of the construction or continuous operation activity, 

including a site map; 
196

(3) Description of the proposed construction or continuous operation activity, including 

nature and description of equipment used;

(4) Description of the reasonably available control technology used to control the fugitive 

emissions; and

(5) For construction activities, the proposed date for commencement and termination of 

the construction activity.

Source: 28 SDR 178, effective July 1, 2002.

General Authority: SDCL 34A-1-6, 34A-1-21, 34A-1-24.

Law Implemented: SDCL 34A-1-21, 34A-1-24.

74:36:18:06. Contents of permit. The construction activity and continuous operation 

activity permit shall include the following:

(1) The signature of either the secretary or the chairman;

(2) The name of the person, company, political subdivision, agency, or institution granted 

a permit;

(3) The type of operation;

(4) The mailing address;

(5) The date the permit was granted and on which it will expire;

(6) A permit number;

(7) The name of a designated person or officer responsible for the permitted activity;
197

(8) A statement granting a permit by the board or secretary and any conditions that the 

board or secretary may impose to ensure compliance with the Act;

(9) Emission limits and standards necessary to assure compliance with applicable 

requirements of the Clean Air Act;

(10) Record keeping and reporting requirements;

(11) A severability clause to ensure the continued validity of the various permit 

requirements if any portion of the permit are challenged; and

(12) Provisions stating the following:

(a) The permittee must comply with all conditions of the permit. Any permit 

noncompliance constitutes a violation and is grounds for enforcement action, permit termination, 

revocation or modification, or for denial of a permit renewal application;

(b) The permit may be modified, revoked, or terminated for cause;

(c) The permit does not convey any property rights of any sort or any exclusive 

privilege; and

(d) The permittee shall provide any information requested in writing by the secretary to 

determine whether cause exists for modifying, revoking, or terminating the permit or to 

determine compliance.

Source: 28 SDR 178, effective July 1, 2002.
198

General Authority: SDCL 34A-1-6, 34A-1-21.

Law Implemented: SDCL 34A-1-21, 34A-1-30.

74:36:18:10. Visible emission limit for construction and continuous operation 

activities. The owner or operator of a state facility or state contractor may not discharge into the 

ambient air from a fugitive source an air pollutant of a density equal to or greater than that 

designated as 20 percent opacity for a series of two minute averages with a minimum of a total of 

six minutes of readings. The Environmental Protection Agency's Method 9 in 40 C.F.R. Part 60, 

Appendix A (July 1, 2009 July 1, 2012) shall be used to determine the opacity.

Source: 28 SDR 178, effective July 1, 2002; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-47, 34A-1-49.

74:36:18:11. Exception to visible emission limit. The provisions of § 74:36:18:10 do not 

apply if all three of the following meteorological conditions exist:

(1) Five consecutive days of 0.02 inches or less of precipitation each day excluding dry 

snow;

(2) Forecasted peak wind gusts greater than 40 miles per hour; and

(3) Forecasted average hourly wind speed greater than 20 miles per hour.

Source: 28 SDR 178, effective July 1, 2002.
199

General Authority: SDCL 34A-1-6, 34A-1-19, 34A-1-24.

Law Implemented: SDCL 34A-1-12, 34A-1-19, 34A-1-24.

74:36:18:12. Notice of operating noncompliance -- Contents. If the secretary 

determines that the operation of a source is not in compliance with this article, the Clean Air Act, 

or permit conditions, the secretary may issue a notice of such a finding to the permit holder or 

operator of the source. The notice must contain citations to the rules, statutes, or permit 

conditions violated and the alleged facts upon which the determination is based.

Source: 28 SDR 178, effective July 1, 2002.

General Authority: SDCL 34A-1-6, 34A-1-21.

Law Implemented: SDCL 1-26-27, 34A-1-21, 34A-1-30.

CHAPTER 74:36:20

CONSTRUCTION PERMITS FOR NEW SOURCES OR MODIFICATIONS

Section

74:36:20:01 Applicability.

74:36:20:02 Construction permit required.

74:36:20:02.01 Initiating construction prior to permit issuance.

74:36:20:03 Construction permit exemption.
200

74:36:20:04 Emission unit exemptions.

74:36:20:05 Standard for issuance of construction permit.

74:36:20:06 Timely and complete application for a construction permit required.

74:36:20:07 Required contents of complete application for a construction permit.

74:36:20:08 Applicant required to supplement or correct application.

74:36:20:09 Permit application -- Completeness review.

74:36:20:10 Time period for department's recommendation.

74:36:20:11 Public participation in permitting process.

74:36:20:12 Public review of department's draft permit.

74:36:20:13 Final permit decision -- Notice to interested persons.

74:36:20:14 Right to petition for contested case hearing.

74:36:20:15 Contents of construction permit.

74:36:20:16 Administrative permit amendment.

74:36:20:17 Procedures for administrative permit amendments.

74:36:20:18 Reopening construction permit for cause.

74:36:20:19 Procedures to reopen construction permit.

74:36:20:20 Construction permit does not exempt from other requirements.

74:36:20:21 Expiration of a construction permit.

74:36:20:22 Notice of constructing or operating noncompliance -- Contents.

74:36:20:23 Petition for contested case or alleged violation.

74:36:20:24 Circumvention of emissions not allowed.
201

74:36:20:05. Standard for issuance of construction permit. A construction permit for a 

new source or modification to an existing source may be issued only if it has been shown that the 

operation of the new source or modification to an existing source will not prevent or interfere 

with the attainment or maintenance of an applicable national ambient air quality standard. 

Compliance with this requirement as determined by air pollution dispersion modeling shall be 

based on modeling performed in accordance with 40 C.F.R. Part 51, Appendix W (July 1, 

2012) and is not affected by stack height that exceeds good engineering practice or by any other

dispersion technique as defined in 40 C.F.R. § 51.100 (July 1, 2009 July 1, 2012). Each new 

source or modification to an existing source must comply with emission limits and other 

requirements of the act and the Clean Air Act. The construction permit must include reasonable 

conditions, including adherence to plans and specifications, to ensure compliance with the act, 

the Clean Air Act, and any other conditions justified under SDCL 34A-1-19.

Source: 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6, 34A-1-19, 34A-1-21.

Law Implemented: SDCL 34A-1-21.

74:36:20:11. Public participation in permitting process. The department shall mail a 

copy of the draft permit to the applicant. The department shall publish a public notice of the draft 

permit once in a legal newspaper in the county where the source is located. The notice must 

include a brief statement describing the source and where it is located; the department's 

recommendation and the reasons for it; the activity or activities involved in the permit action; a 

statement that a person may submit comments or contest the draft permit within 30 days after the 
202

publication of the notice; a description of the procedures a person must follow to contest the draft 

permit and request a hearing in accordance with article 74:09; and a statement describing where 

copies of the draft permit or other information may be obtained. The department shall provide to 

the interested parties a 30-day notice of any hearing to contest a draft permit.

Source: 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6, 34A-1-21.

Law Implemented: SDCL 1-26-27, 34A-1-21, 34A-1-30.

74:36:20:13. Final permit decision -- Notice to interested persons. The department 

shall make its final permit decision within 30 days of the end of the public comment period on a 

draft permit. The department shall notify, in writing, the applicant and each person that 

submitted written comments or requested notice of the final permit decision. The notice shall 

include reference to the procedures for contesting the final permit decision and requesting a 

hearing in accordance with article 74:09. For the purpose of this section, the final permit decision 

means proposing a permit or denying a permit.

The final permit shall be issued within 30 days of notifying the applicant and each person 

that submitted written comments or requested notification of the final permit decision except 

under the following conditions:

(1) A later effective date is specified in the final permit decision;

(2) A contested case hearing is requested; or
203

(3) No comments or request for changes in the draft permit were received during the 

public comment period on the draft permit. In this case, the draft permit automatically becomes 

the final permit decision and the final permit is issued at the end of the public comment period.

Source: 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6, 34A-1-21.

Law Implemented: SDCL 1-26-27, 1-26-29, 34A-1-21, 34A-1-30, 34A-1-34.

74:36:20:14. Right to petition for contested case hearing. The applicant or interested 

person may petition the board and obtain a contested case hearing to dispute the department's 

draft permit. Any other person may petition to intervene and request a hearing if the person has 

an interest affected by the department's draft permit. Such petitions must comply with the 

provisions of article 74:09 and be received by the department within 30 days after publication of 

the notice required by § 74:36:20:11.

The applicant or an interested person that comments on the draft permit may petition the 

board for and obtain a contested case hearing to dispute the department's final permit decision. 

Such petitions must comply with the provisions of article 74:09 and be received by the 

department within 30 days after receiving the department's final permit decision.

If the draft permit or the final permit decision is contested, the department shall present the 

draft permit or final permit decision to the board for action in accordance with article 74:09.
204

Source: 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6, 34A-1-21.

Law Implemented: SDCL 1-26-27, 1-26-29, 34A-1-21, 34A-1-30, 34A-1-34.

74:36:20:15. Contents of construction permit. A construction permit shall include the 

following:

(1) The signature of either the secretary or the chairman;

(2) The name of the person, company, political subdivision, agency, or institution granted 

a permit;

(3) The type of operation;

(4) The facility and mailing address;

(5) The date the construction permit was granted;

(6) A number for administrative reference;

(7) The timeline for submitting a timely and complete application for a minor source 

operating permit or Part 70 source operating permit;

(8) A statement granting a construction permit by the board or secretary and any 

conditions that the board or secretary may impose to ensure compliance with the act and the 

Clean Air Act;

(9) Emission limits and standards, including operational requirements and limits for all 

regulated emission units, necessary to ensure compliance with applicable requirements of the act 

and the Clean Air Act;
205

(10) Monitoring, recordkeeping, and reporting requirements necessary to determine 

compliance with the construction permit;

(11) A severability clause to ensure the continued validity of the various permit 

requirements if any portions of the permit are challenged; and

(12) Provisions stating the following:

(a) The permittee must comply with all conditions of the permit. Any permit 

noncompliance constitutes a violation and is grounds for enforcement action;

(b) The construction permit does not convey any property rights of any sort or any 

exclusive privilege; and

(c) The permittee shall provide any information, including records, requested in writing 

by the department to determine compliance.

Source: 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6, 34A-1-21.

Law Implemented: SDCL 34A-1-21, 34A-1-30.

CHAPTER 74:36:21

REGIONAL HAZE PROGRAM

Section
206

74:36:21:01 Applicability.

74:36:21:02 Definitions.

74:36:21:03 Existing stationary facility defined.

74:36:21:04 Visibility impact analysis.

74:36:21:05 BART determination.

74:36:21:06 BART determination for a BART-eligible coal-fired power plant.

74:36:21:07 Installation of controls based on visibility impact analysis or BART 

determination.

74:36:21:08 Operation and maintenance of controls.

74:36:21:09 Monitoring, recordkeeping, and reporting.

74:36:21:10 Permit to construct.

74:36:21:11 Permit required for BART determination.

74:36:21:12 Federal land manager notification and review.

74:36:21:02. Definitions. Unless otherwise specified, the terms used in this chapter mean:

(1) "Adverse impact on visibility," visibility impairment that interferes with the 

management, protection, preservation, or enjoyment of the visitor's visual experience of the 

mandatory Class I federal area. Adverse impact on visibility shall be based on a case-by-case 

basis taking into account the geographic extent, intensity, duration, frequency, and time of 

visibility impairment, and how these factors correlate with times of visitor use of a mandatory 

Class I federal area and the frequency and timing of natural conditions that reduce visibility;
207

(2) "BART," best available retrofit technology;

(3) "Best available retrofit technology" an emission limitation based on the degree of 

reduction achievable through the application of the best system of continuous emission reduction 

for each pollutant that is emitted by an existing stationary facility. The emission limitation must 

be established, on a case-by-case basis, taking into consideration the technology available, the 

costs of compliance, the energy and nonair quality environmental impacts of compliance, any 

pollution control equipment in use or in existence at the source, the remaining useful life of the 

source, and the degree of improvement in visibility that may reasonable be anticipated to result 

from the use of such technology;

(4) "BART-eligible source," an existing stationary facility;

(5) "Coal-fired power plant," any person, corporation, limited liability company, 

association, company, partnership, political subdivision, municipality, rural electric cooperative, 

consumers power district, or any group or combination acting as a unit, owning or holding under 

lease, or otherwise real property used, or intended for use, for the conversion of coal into electric 

power;

(6) "Contribute to adverse impact on visibility," a change in visibility impairment in a 

mandatory Class I federal area of five-tenths deciviews or more, based on a 24-hour average, 

above the average natural visibility baseline. A source exceeds the threshold if the 98th percentile 
208

(eighth highest value) of the modeling results, based on one year of the three years of 

meteorological data modeled, equals or exceeds five-tenths deciviews;

(7) "Major source," as defined in § 74:36:01:08(2) and (3);

(8) "Mandatory Class I federal area," any area identified in 40 C.F.R. § 81, Subpart D 

(July 1, 2009 July 1, 2012);

(9) "Visibility impairment," any human perceptible change in visibility such as light 

extinction, visual range, contrast, coloration, from that which would have existed under natural 

conditions;

(10) "30-day rolling average," expressed as pounds per million Btus and pounds per hour 

and calculated in accordance with the following procedures:

(a) Sum the total pounds of pollutant in question emitted from a unit during an 

operating day and the previous 29 operating days;

(b) Sum the total heat input to the unit in million Btus during the operating day and the 

previous 29 operating days;

(c) Sum the total hours the unit operated in hours during the day and the previous 29 

operating days;
209

(d) For pounds per million Btus, divide the total number of pounds of the pollutant 

emitted during the 30-day operating days by the total heat input during the 30-day operating 

days;

(e) For pounds per hour, divide the total number of pounds of the pollutant emitted 

during the 30-day operating days by the total hours operated during the 30-day operating days.

A new 30-day rolling average shall be calculated for each new operating day. Each 30-day 

rolling average shall represent all emissions, including emissions that occur during periods of 

startup, shut down, and malfunction; and

(11) "Operating day," a 24-hour period between 12 midnight and the following midnight 

during which any fuel is combusted at any time in the unit. It is not necessary for fuel to be 

combusted the entire 24-hour period.

Source: 37 SDR 111, effective December 7, 2010; 38 SDR 39, effective September 19, 

2011.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6.

74:36:21:04. Visibility impact analysis. The owner or operator of a new major source or 

modification to a major source shall demonstrate to the department that the potential to emit 
210

from the new major source or modification to a major source will not contribute to adverse 

impact on visibility in any mandatory Class I federal area. The demonstration shall be based on 

visibility models approved in 40 C.F.R. § 51, Subpart W (July 1, 2009 July 1, 2012).

Source: 37 SDR 111, effective December 7, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6.

74:36:21:05. BART determination. The owner or operator of a BART-eligible source 

that emits any air pollutant which may reasonably be anticipated to contribute to adverse impact 

on visibility in any mandatory Class I federal area shall submit a BART determination. The 

BART determination shall follow the procedures outlined in 40 C.F.R. § 51, Subpart Y July 1, 

2009 July 1, 2012) and must be based on an analysis of the best system of continuous emission 

control technology available and associated emission reductions achievable for each BARTeligible source. In this analysis, the BART determination must take into consideration the 

technology available, the costs of compliance, the energy and nonair quality environmental 

impacts of compliance, any pollution control equipment in use at the source, the remaining 

useful life of the source, and the degree of improvement in visibility that may reasonably be 

anticipated to result from the use of such technology. The BART determination shall be 

submitted within nine months after being notified by the department that the existing stationary 

source is reasonably anticipated to contribute to adverse impact on visibility in any mandatory 

Class I federal area.
211

Source: 37 SDR 111, effective December 7, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6.

74:36:21:09. Monitoring, recordkeeping, and reporting. The owner or operator 

required to install and operate controls established in a visibility impact analysis or BART 

determination shall conduct periodic monitoring, recordkeeping, and reporting. All sulfur 

dioxide and nitrogen oxides emissions from the BART-eligible source shall be routed to the main 

stack of a BART-eligible source. The owner or operator of a BART-eligible source shall install, 

certify, maintain, calibrate, and operate a continuous emission monitoring system for sulfur 

dioxide and nitrogen oxide in accordance with 40 C.F.R. Part 75 (July 1, 2009 July 1, 2012), 

except the recordkeeping and reporting requirements for the continuous emission monitoring 

systems shall be in accordance with 40 C.F.R. § 60.7 (July 1, 2009 July 1, 2012). Monitoring 

and related recordkeeping and reporting requirements for other air pollutants from a BARTeligible source or from a major source or modification of a major source shall consist of at least 

the following:

(1) All emissions monitoring and analysis procedures, alternative approved methods, or 

test methods required in determining compliance with §§ 74:36:21:04 and 74:36:21:06;

(2) As necessary, documentation of the use, maintenance, and if appropriate, installation 

of monitoring equipment or methods;
212

(3) Documentation of the following:

(a) The date, place, and time of sampling or measurements;

(b) The date or dates analyses were performed;

(c) The company or entity that performed the analyses;

(d) The analytical techniques or methods used;

(e) The results of such analyses; and

(f) The operating conditions as existing at the time of sampling or measurement;

(4) Recordkeeping and reporting requirements that comply with the following:

(a) Submission of reports of any required monitoring must occur at least every six 

months. Reports must clearly identify all exceedances with §§ 74:36:21:04 and 74:36:21:06. All 

required reports must be certified by a responsible official; and

(b) Exceedances of §§ 74:36:21:04 and 74:36:21:06, including those attributable to upset 

conditions. The probable cause of such exceedance and any corrective actions or preventive 

measures taken must be promptly reported and certified by a responsible official; and

(5) Requirements for retention of monitoring records and all supporting documentation for 

at least five years from the date of the monitoring sample, measurement, report, or application.
213

Source: 37 SDR 111, effective December 7, 2010; 38 SDR 39, effective September 19, 

2011.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6.
June 5, 2013

MEMO TO: Secretary of State Jason Gant 

FROM: Marlys Heidt, Engineer III

Air Quality Program

SUBJECT: Final Rules of Amendments to ARSD 74:36 - Air Pollution Control 

Program

______________________________________________________________________________

I have enclosed a packet pertaining to the final rules of the amendments to ARSD 74:36 – Air 

Pollution Control: 

The enclosed packet contains the following documents:

 The original certificate of the Chairman of the Board of Minerals and Environment; 

 A copy of the Board of Minerals and Environment’s approval of rules; and

 A copy of the final rules, which show the changes to the current printed rules in red with 

overstrike for deletions and blue bolded underscore for additions

If you have any questions, please contact me at (605) 773-3151. 
IN THE MATTER OF THE 

PROMULGATION OF 

ADMINISTRATIVE RULES 

APPROVAL OF RULES 

Following a public hearing held on May 16, 2013, the following rule revisions, attached, are 

approved and will become effective twenty days after filing with the Secretary of State: 

Adding sections 74:36:07:91, 74:36:07:92, 74:36:08:122,74:36:08:123,74:36:08:124, 

74:36:08:125, 74:36:08:126, 74:36:08:127, 74:36:08:128, 74:36:08:129, and 74:36:08:130; 

revising sections in chapters 74:36:01, 74:36:02,74:36:03,74:36:04, 74:36:05,74:36:07, 

74:36:08,74:36:09,74:36:10,74:36:11,74:36:12,74:36:13, 74:36:16;74:36:18, 74:36:20, and 

74:36:21; and repealing sections 74:36:10:09 and 74:36:10:10 

LEGISLATIVE RESEARCH COUNCIL 

(for legality and for form and style) 

BOARD OF MINERALS AND ENVIRONMENT 

Glenn Blumhardt 

Peter Bullene 

Mike Day 

Rexford Haag 

Date ________ _ 

Date -----------

Lee M. McCahren, Vice Chairman 

Linda Hilde 

Doyle Karpen 

Dennis Landguth 
IN THE MATTER OF THE 

PROMULGATION OF 

ADMINISTRATIVE RULES 

APPROVAL OF RULES 

Following a public hearing held on May 16, 2013, the following rule revisions, attached, are 

approved and will become effective twenty days after filing with the Secretary of State: 

Adding sections 74:36:07:91, 74:36:07:92,74:36:08:122, 74:36:08:123,74:36:08:124, 

74:36:08:125, 74:36:08:126,74:36:08:127, 74:36:08:128,74:36:08:129, and 74:36:08:130; 

revising sections in chapters 74:36:01, 74:36:02,74:36:03,74:36:04,74:36:05,74:36:07, 

74:36:08, 74:36:09, 74:36:10, 74:36:11, 74:36:12,74:36:13,74:36:16, 74:36:18,74:36:20, and 

74:36:21; and repealing sections 74:36:10:09 and 74:36:10:10 

(for legality and for form and style) 

BOARD OF MINERALS AND ENVIRONMENT Date ________ _ 

Lee M. McCahren, Vice Chairman 

Glenn Blumhardt Linda Hilde 

Peter Bullene Doyle Karpen 

Mike Day Dennis Landguth 

Rexford Haag 
IN THE MATTER OF THE 

PROMULGATION OF 

ADMINISTRATIVE RULES 

APPROVAL OF RULES 

Following a public hearing held on May 16, 2013, the following rule revisions, attached, are 

approved and will become effective twenty days after filing with the Secretary of State: 

Adding sections 74:36:07:91, 74:36:07:92, 74:36:08:122,74:36:08:123, 74:36:08:124, 

74:36:08:125, 74:36:08:126, 74:36:08:127, 74:36:08:128,74:36:08:129, and 74:36:08:130; 

revising sections in chapters 74:36:01, 74:36:02, 74:36:03, 74:36:04, 74:36:05, 74:36:07, 

74:36;08, 74:36:09, 74:36:10, 74:36:11, 74:36:12, 74:36:-13,74:36:16, 74:36:18, 74:36:20, and 

74:36:21; and repealing sections 74:36:10:09 and 74:36:10:10 

LEGISLATIVE RESEARCH COUNCIL 

(for legality and for form and style) 

BOARD OF MINERALS AND ENVIRONMENT 

Richard C. Sweetman, Chairman 

Glerm 

iJL~ Blum.hardt 

Peter Bullene 

Mike Day 

Rexford Haag 

Date ________ _ 

Dme ________ _ 

Lee M. McCabren, Vice Chairman 

Linda Hilde 

Doyle Karpen 

Dennis Landguth 
IN THE MATTER OF THE 

PROMULGATION OF 

ADMINISTRATIVE RULES 

APPROVAL OF RULES 

Following a public hearing held on May 16, 2013, the following rule revisions, attached, are 

approved and will become effective twenty days after filing with the Secretary of State: 

Adding sections 74:36:07:91,74:36:07:92,74:36:08:122,74:36:08:123,74:36:08:124, 

74:36:08:125, 74:36:08:126, 74:36:08:127, 74:36:08:128, 74:36:08:129, and 74:36:08:130; 

revising sections in chapters 74:36:01,74:36:02,74:36:03, 74:36:04, 74:36:05, 74:36:07, 

74:36:08,74:36:09,74:36:10,74:36:11,74:36:12,74:36:13,74:36:16,74:36:18,74:36:20, and 

74:36:21; and repealing sections 74:36:10:09 and 74:36:10:10 

LEGISLATIVE RESEARCH COUNCIL 

(for legality and for form and style) 

BOARD OF MINERALS AND ENVIRONMENT 

Richard. C. Sweetman, Chairman 

GlenD. Blumhardt 

Y3A 

Peter Bullene 

Mike Day 

Rexford Haag 

Date ________ _ 

Date _6_::_/--'---'\ ~::::..:/_t=3"'---

Lee M. McCahren, Vice Chairman 

Linda Hilde 

Doyle Karpen 

Dennis Landguth 
IN THE MATTER OF THE 

PROMULGATION OF 

ADMINISTRATIVE RULES 

APPROVAL OF RULES 

Following a public hearing held on May 16, 2013, fue following rule revisions, attached, are 

approved and will become effective twenty days after filing wifu the Secretary of State: 

Adding sections 74:36:07:91, 74:36:07:92, 74:36:08:122, 74:36:08:123, 74:36:08:124, 

74:36:08:125,74:36:08:126,74:36:08:127,74:36:08:128,74:36:08:129, and 74:36:08:130; 

revising sections in chapters 74:36:01, 74:36:02, 74:36:03, 74:36:04, 74:36:05, 74:36:07, 

74:36:08,74:36:09,74:36:10, 74:36:11,-74:36:12,74:36:13, 74:36:16,74:36:18,74:36:20, and 

74:36:21; and repealing sections 74:36:10:09 and 74:36:10:10 

LEGISLATIVE RESEARCH COUNCIL 

(for legality and for form and style) 

BOARD OF MINERALS AND ENVIRONMENT 

Richard C. Sweetman, Chairman 

Glenn Blumhardt 

Peter Bullene /: 

Rexford Haag 

Date~--------

Date---------

Lee M. McCahren, Vice Chairman 

Linda Hilde 

Doyle Karpen 

Dennis Landgufu 
IN THE MATTER OF THE 

PROMULGATION OF 

ADMINISTRATIVE RULES 

APPROVAL OF RULES 

Following a public hearing held on May 16, 2013, the following rule revisions, attached, are 

approved and will become effective twenty days after filing with the Secretary of State: 

Adding sections 74:36:07:91,74:36:07:92, 74:36:08:122, 74:36:08:123, 74:36:08:124, 

74:36:08:125,74:36:08:126,74:36:08:127, 74:36:08:128, 74:36,08:129, and 74:36:08:130; 

revising sections in chapters 74:36:01, 74:36:02, 74:36:03, 74:36:04,74:36:05, 74:36:07, 

74:36:08,74:36:09,74:36:10,74:36:11,74:36:12,74:36:13,74:36:16,74:36:18, 74:36":20, and 

74:36:21; and repealing sections 74:36:10:09 and 74:36:10:10 

LEGISLATIVE RESEARCH COUNCIL 

(for legality and for form and style) 

BOARD OF MINERALS AND ENVIRONMENT 

Richard C. Sweetman, Chairman 

Glenn Blumhardt 

Peter Bullene 

Mike Day 

Date ________ _ 

Date ________ _ 

Lee M. McCahren, Vice Chairman 

Linda Hilde 

Doyle Karpen 

~~~ 
IN THE MATTER OF THE 

PROMULGATION OF 

ADMINISTRATIVE RULES 

APPROVAL OF RULES 

Following a public hearing held on May 16, 2013, the following rule revisions, attached, are 

approved and will become effective twenty days after filing with the Secretary of State: 

Adding sections 74:36:07:91, 74:36:07:92, 74:36:08:122, 74:36:08:123,74:36:08:124, 

74:36:08:125, 74:36:08:126, 74:36:08:127, 74:36:08:128, 74:36:08:129, and 74:36:08:130; 

revising sections in chapters 74:36:01, 74:36:02, 74:36:03, 74:36:04, 74:36:05, 74:36:07, 

74:36:08,74:36:09,74:36:10,74:36:11,74:36:12,74:36:13,74:36:16,74:36:18,74:36:20, and 

74:36:21; and repealing sections 74:36:10:09 and 74:36:10:10 

LEGISLATIVE RESEARCH COUNCIL 

(for legality and for form and style) 

BOARD OF MINERALS AND ENVIRONMENT 

Richard C. Sweetman, Chairman 

Glenn Blmnhardt 

Peter Bullene 

Mike Day 

Rexford Haag 

Dare ________________ __ 

Date 5--:... f?- JJ) J 3 

Lee M. McCahren, Vice Chairman 

Linda Hilde 

Doyle Karpen 

Dennis Landguth 
IN THE MATTER OF THE 

PROMULGATION OF 

ADMINISTRATIVE RULES 

APPROVAL OF RULES 

Following a public hearing held on May 16, 2013, the following rule revisions, attached, are 

approved and will become effective twenty days after filing with the Secretary of State: 

Adding sections 74:36:07:91, 74:36:07:92, 74:36:08:122, 74:36:08:123, 74:36:08:124, 

74:36:08:125,74:36:08:126,74:36:08:127,74:36:08:128,74:36:08:129, and 74:36:08:130; 

revising sections in chapters 74:36:01, 74:36:02, 74:36:03, 74:36:04,74:36:05,74:36:07, 

74:36:08,74:36:09,74:36:10,74:36:11,74:36:12,74:36:13,74:36:-16,74:36:18,74:36:20, and 

74:36:21; and repealing sections 74:36:10:09 and 74:36:10:10 

LEGISLATIVE RESEARCH COUNCIL · 

(for legality and for form and style) 

BOARD OF MINERALS AND ENVIRONMENT 

Richard C. Sweetman, Chairman 

Glenn Blumhardt 

Peter Bullene 

Mike Day 

Rexford Haag 

Date ________ _ 

Linda Hilde 

Dennis Landguth 
IN THE MATTER OF THE 

PROMULGATION OF 

ADMINISTRATIVE RULES 

CERTIFICATE 

I, Richard C. Sweetman, hereby certify that I am a duly elected Chairman of the Board of 

Minerals and Environment and that the attached instruments are full, true, and correct copies of 

the following rules adopted by the Board of Minerals and Environment on May 16, 2013: 

Adding sections 74:36:07:91, 74:36:07:92, 74:36:08:122, 74:36:08:123,74:36:08:124, 

74:36:08:125,74:36:08:126,74:36:08:127,74:36:08:128,74:36:08:129, and 74:36:08:130; 

revising sections in chapters 74:36:01, 74:36:02, 74:36:03, 74:36:04, 74:36:05, 74:36:07, 

74:36:08,74:36:09,74:36:10, 74:36:11, 74:36:12, 74:36:13,74:36:16, 74:36:18,74:36:20, and 

74:36:21; and repealing sections 74:36:10:09 and 74:36:10:10 

I further certify that SDCL 1-26-4 and 1-26-6 were complied with in the adoption of these 

revisions to the rules. These rules will become effective twenty days after filing with the 

Secretary of State. 

Subscribed and sworn to 

before me this I({"" day 

of May , ioi3 

~~~~~ otary Pubhc - South Dakota 

(Seal) 

My CoiiJJllission expires 

_____ ,20_ 

BRENDA ANDE!lSON, Holmy Public 

My eornmiuion&pk'll 

October26, 2016 

Board of Minerals and Environment 

SECRETARY OF STATE 
IN THE MATTER OF THE 

PROMULGATION OF 

ADMINSTRATIVE RULES 

CERTIFICATE 

I, Richard C. Sweetman, hereby certifY that I am a duly elected Chairman of the Boarc' 

of Minerals and Environment and that the attached instruments are full, true, and correct copieE 

of the following revisions to the rules adopted by the Board of Minerals and Environment on 

May 18, 2000: 

Sections 74:36:11:01 and 74:36:12:01 

Chapter 74:36:02, 74:36:07, 74:36:08, 74:36:13, and 74:36:16 

New sections 74:36:08:21, 74:36:08:22, and 74:36:08:23 

I further certifY that SDCL 1-26-4 and 1-26-6 were complied with in the adoption of these 

revisions to the rules. These rules will become effective twenty days after filing with the Secre'ary 

of State. 

Subscribed and sworn to 

before me this _j_J_ day 

of 1!1 It~ , ~OCJ 0 

4uds.-~ Notary Public - South Dakota 

(Seal) 

My Commission expires 

BREi'II)AANI)BSOH, ~Public: Hrt~on E>cpiNa 

Od<>bal 26,1004 

Ri hard C. Sweetman, Chairman 

Board of Minerals and Environment 

i 
ARTICLE 74:36

AIR POLLUTION CONTROL PROGRAM

Chapter

74:36:01 Definitions.

74:36:02 Ambient air quality.

74:36:03 Air quality episodes.

74:36:04 Operating permits for minor sources.

74:36:05 Operating permits for Part 70 sources.

74:36:06 Regulated air pollutant emissions.

74:36:07 New source performance standards.

74:36:08 National emission standards for hazardous air pollutants.

74:36:09 Prevention of significant deterioration.

74:36:10 New source review.

74:36:11 Performance testing.

74:36:12 Control of visible emissions.

74:36:13 Continuous emission monitoring systems.

74:36:14 Variances, Repealed.

74:36:15 Open burning, Transferred or Repealed.

74:36:16 Acid rain program.

74:36:17 Rapid City street sanding and deicing.

74:36:18 Regulations for state facilities in the Rapid City area.

74:36:19 Mercury budget trading program, Repealed.

74:36:20 Construction permits for new sources or modifications.

74:36:21 Regional haze program.

CHAPTER 74:36:01

DEFINITIONS

Section

74:36:01:01 Definitions.

74:36:01:02 Repealed.

74:36:01:03 Administrative permit amendment defined.

74:36:01:04 Affected states defined.

74:36:01:05 Applicable requirements of the Clean Air Act defined.

74:36:01:06 Complete application defined.

74:36:01:07 Repealed.

74:36:01:08 Major source defined.

74:36:01:09 Categories of sources defined.

74:36:01:10 Modification defined.

74:36:01:11 National ambient air quality standard (NAAQS).

74:36:01:12 Potential to emit defined.

74:36:01:13 Process weight rate defined.
74:36:01:14 Repealed.

74:36:01:15 Regulated air pollutant defined.

74:36:01:16 Responsible official defined.

74:36:01:17 Repealed.

74:36:01:18 Municipal solid waste landfill defined.

74:36:01:19 Existing municipal solid waste landfill defined.

74:36:01:20 Physical change in or change in the method of operation defined.

74:36:01:21 Commenced construction defined.

74:36:01:01. Definitions. Unless otherwise specified, the terms used in this article mean:

(1) "Act," chapter 34A-1 of the South Dakota Codified Laws;

(2) "Acid rain permit," a legally binding written document or portion of a document that is 

issued by the department and specifies the acid rain program requirements applicable to an affected 

source and to the owners and operators and the designated representative of the affected source;

(3) "Acid rain program," the national sulfur dioxide and nitrogen oxides air pollution control 

and emissions reduction program established in accordance with Title IV of the Clean Air Act;

(4) "Administrator," the administrator of the Environmental Protection Agency or the 

secretary or their authorized representatives;

(5) "Affected source," a source that includes one or more affected units under Title IV of the 

Clean Air Act;

(6) "Affected unit," a unit that is subject to any of the emission reduction requirements or 

emission limits pursuant to Title IV of the Clean Air Act or chapter 74:36:16;

(7) "Air pollutant," one or a combination of the regulated air pollutants listed in 

§ 74:36:01:15;

(8) "Allowable emissions," the emission rate calculated using the maximum rated capacity 

of a source unless the source is subject to federally enforceable limits which restrict operating rate, 

hours of operation, or both, and the most stringent of the following:

(a) The applicable new source performance standards in chapter 74:36:07;

(b) The applicable national emission standards in chapter 74:36:08;

(c) Any applicable emission limitations specified in this article, including those with a 

future compliance date;

(d) The emission rate specified as a permit condition; or

(e) The applicable standards in 40 C.F.R. Part 60, 61, or 63 (July 1, 2012);

(9) "Ambient air," that portion of the atmosphere external to buildings to which the general 

public has access;

(10) "ASTM," the American Society for Testing and Materials;
(11) "Board," the Board of Minerals and Environment;

(12) "Btu," British thermal unit;

(13) "CO," carbon monoxide;

(14) "Chairman," chairman of the board;

(15) "Clean Air Act," the Clean Air Act, 42 U.S.C. 7401 et seq., as amended through 

January 1, 2010;

(16) "Clean Air Act Amendments," the amendments to the Clean Air Act enacted in Pub. L. 

No. 101-549, November 15, 1990;

(17) "Control equipment," a device which prevents or reduces emissions;

(18) "Criteria pollutant," selected and specified pollutants for which limiting ambient air 

quality standards have been set, including sulfur dioxides, particulate matter, carbon monoxide, 

ozone, nitrogen oxides, and lead;

(19) "Department," the South Dakota Department of Environment and Natural Resources;

(20) "Designated representative," the responsible person or official authorized by the owner 

or operator of an affected unit, in accordance with the Clean Air Act, to represent the owner or 

operator in matters pertaining to the holding, transfer, or disposition of allowances allocated to the 

unit and the submission of and compliance with permits, permit applications, and compliance plans

for the unit;

(21) "Draft permit," the version of a permit for which the department offers public 

participation or affected state review;

(22) "Emissions allowable under the permit," a federally enforceable permit term or 

condition determined at issuance to be required by an applicable requirement that establishes an 

emissions limit, including work practice standards, or a federally enforceable emissions cap that 

the source has assumed to avoid an applicable requirement to which the source would otherwise be 

subject;

(23) "Emission standard," the maximum amount of a pollutant legally permitted to be 

discharged from a single unit;

(24) "Emission unit," "Unit," any part or activity of a stationary source which emits or has 

the potential to emit a regulated air pollutant or any pollutant listed under section 112(b) of the 

Clean Air Act;

(25) "EPA," the Environmental Protection Agency;
(26) "Equivalent method," any method of sampling and analysis for an air pollutant which 

has a consistent and quantitatively known relationship to the reference method under specified 

conditions;

(27) "Existing source," a source that has an approved state-issued permit;

(28) "Facility," a building, structure, or installation of pollutant-emitting activities which 

belong to the same industrial grouping, located on one or more contiguous or adjacent properties 

and under the control of the same person or of persons under common control, except the activities 

of a water-borne vessel. Pollutant-emitting activities are part of the same industrial grouping if they 

belong to the same major group, i.e., have the same two-digit code, as described in the Standard 

Industrial Classification Manual, 1987;

(29) "Federally enforceable," all limits and conditions that are enforceable by the 

administrator of EPA pursuant to federal law. These limits and conditions include those 

requirements developed pursuant to this article, those appearing in 40 C.F.R. §§ 60 and 61 (July 1, 

2012), requirements within the state implementation plan, and permit requirements established 

pursuant to this article or 40 C.F.R. § 51 Subpart I (July 1, 2012). The use of this term does not 

impede the department's authority under state law to enforce these limits and conditions;

(30) "Final permit" the version of an operating permit issued by the permitting authority for 

a source that has completed all required review procedures;

(31) "Fuel-burning unit," a furnace, boiler, apparatus, stack, or any of their components used 

in the process of burning fuel or other combustible material for the primary purposes of producing 

heat or power by indirect heat transfer;

(32) "Fugitive emissions," those air pollutants which could not reasonably pass through a 

stack, chimney, vent, or other functionally equivalent opening;

(33) "General permit," a permit issued by the board in accordance with SDCL 34A-1-56 that 

may be made applicable to numerous similar sources;

(34) "Heat input," the aggregate heat content of all fuels whose products of combustion pass 

through a stack or stacks, using the heat input value of the equipment manufacturer's or designer's 

guaranteed maximum input, whichever is greater;

(35) "Incinerator," a furnace used to burn solid waste to reduce the volume of the waste by 

removing its combustible material;

(36) "Malfunction," any sudden and unavoidable failure of air pollution control equipment 

or process equipment or of a process to operate in a normal or usual manner, but not a failure 

caused entirely or in part by poor maintenance, careless operation, preventable equipment 

breakdown, or any other cause within the control of the owner or operator of the source;

(37) "Minor source," a source whose potential emissions of a criteria pollutant are less than 

100 tons a year and which does not meet the definition of a Part 70 source;
(38) "New source," a source that has not been constructed and does not possess a permit;

(39) "Nonattainment area," an area that does not meet or that contributes to ambient air 

quality in a nearby area that does not meet the national primary or secondary ambient air quality 

standard for the pollutant;

(40) "NSR," new source review;

(41) "Opacity," the degree to which emissions reduce the transmission of light and obscure 

the view of an object in the background;

(42) "Open burning," the burning of any matter in such a manner that the products of 

combustion resulting from the burning are emitted directly into the ambient air without passage 

through a stack, duct, or chimney;

(43) "Operating permit," a written authorization issued by the board or the secretary for the 

operation of a source;

(44) "Owner or operator," any person who owns, leases, operates, controls, or supervises a 

source;

(45) Repealed;

(46) "Part 70 operating permit," any permit or group of permits covering a Part 70 source 

that is issued, renewed, amended, or revised;

(47) "Part 70 source," any source subject to § 74:36:05:03;

(48) "Particulate matter," a broad class of chemically and physically diverse substances that 

exist as discrete particles, liquid droplets, or solids over a wide range of sizes;

(49) "Permit modification," a change to a source which operates under a minor source

operating permit or Part 70 operating permit that meets the requirements of § 74:36:01:10;

(50) "Permit revision," a revision to a minor source operating permit or Part 70 operating 

permit to incorporate a permit modification, administrative permit amendment, or minor permit 

amendment;

(51) "Person," an individual, corporation, partnership, firm, association, trust, estate, public 

or private institution, group, agency, political subdivision or state agency or any legal successor, 

representative, agent, or agency of the foregoing;

(52) "PM10," particulate matter with an aerodynamic diameter less than or equal to a 

nominal ten micrometers as measured by an applicable reference or equivalent method;

(53) "Proposed Part 70 operating permit," a permit that the department has forwarded to 

EPA for review after the closure of the public notice period and after considering any public 

comments, including those from affected states;
(54) "PSD," prevention of significant deterioration;

(55) Repealed;

(56) "Salvage operation," an operation conducted in whole or in part for the reclaiming of 

product or material;

(57) "Secretary," the secretary of the South Dakota Department of Environment and Natural 

Resources or an authorized representative;

(58) "Shutdown," the cessation of operation of any control equipment, process equipment, 

or process for any purposes;

(59) "Smoke," small gas-borne particles resulting from incomplete combustion, consisting 

predominantly, but not exclusively, of carbon, ash, and other combustible material, that form a 

visible plume in the air;

(60) "Source," a facility that emits or may emit any air pollutant regulated under the Clean 

Air Act;

(61) "Start-up," the setting into operation of any control equipment, process equipment, or 

process for any purpose;

(62) "Title I," Title I of the Clean Air Act Amendments, provisions for attainment and 

maintenance of national ambient air quality standards;

(63) "Title IV," Title IV of the Clean Air Act Amendments, acid deposition control;

(64) "Title V," Title V of the Clean Air Act Amendments, permits;

(65) "Title VI," Title VI of the Clean Air Act Amendments, stratospheric ozone protection;

(66) Repealed;

(67) "VOC," "volatile organic compounds," as defined in 40 C.F.R. § 51.100(s) (July 1, 

2012);

(68) "Wire reclamation furnace," a furnace that uses either direct or indirect heat transfer to 

salvage nonferrous metals through the thermal destruction of solid waste materials;

(69) "PM2.5," particulate matter with an aerodynamic diameter less than or equal to a 

nominal 2.5 micrometers as measured by an applicable reference or equivalent method;

(70) "SO2," sulfur dioxide;

(71) "NO2," nitrogen dioxide;
(72) "Construction permit," a written authorization issued by the board or the secretary for 

the construction and operation of a new source or modification to an existing source; and

(73) "Subject to regulation," as defined in 40 CFR § 70.2 (July 1, 2012), as revised in 

publication 75 Fed. Reg. 31607 (June 3, 2010), in accordance with EPA requirements.

Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from 

§ 34:10:01:01, 7 SDR 4, effective July 27, 1980; transferred from § 44:10:01:01, effective July 1, 

1981; 8 SDR 71, effective December 21, 1981; 10 SDR 68, effective January 5, 1984; 13 SDR 

129, 13 SDR 141, effective July 1, 1987; 14 SDR 72, effective November 24, 1987; 16 SDR 88, 

effective November 14, 1989; 17 SDR 170, effective May 13, 1991; transferred from 

§ 74:26:01:01, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 

SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999; 30 SDR 26, 

effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 

13, 2006; 36 SDR 207, effective June 28, 2010; 37 SDR 182, effective April 20, 2011; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6.

Reference: Standard Industrial Classification Manual, 1987, Executive Office of the 

President, Office of Management and Budget. Copies may be obtained from National Technical 

Information Service, 5285 Port Royal Road, Springfield, Virginia 22161, order no. PB 87-100012. 

Cost: $31.

74:36:01:02. Actual emissions defined. Repealed.

Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from 

§ 34:10:01:01, 7 SDR 4, effective July 27, 1980; transferred from § 44:10:01:01, effective July 1, 

1981; 8 SDR 71, effective December 21, 1981; 10 SDR 68, effective January 5, 1984; 13 SDR 

129, 13 SDR 141, effective July 1, 1987; 14 SDR 72, effective November 24, 1987; 16 SDR 88, 

effective November 14, 1989; 17 SDR 170, effective May 13, 1991; transferred from 

§ 74:26:01:01, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 

repealed, 31 SDR 101, effective January 2, 2005.

74:36:01:03. Administrative permit amendment defined. An administrative permit 

amendment is an amendment to an existing permit and is issued by the secretary. The secretary 

may issue an administrative permit amendment if it accomplishes one of the following:

(1) Corrects typographical errors;

(2) Changes the name, address, or phone number of any person identified in the permit or 

provides a similar minor administrative change at the source;

(3) Requires more frequent monitoring or reporting by the permittee;

(4) Allows for a change in ownership or operational control of a source if the department 

determines that no other change in the permit is necessary and a written agreement containing a 

specific date for transfer of permit responsibility, coverage, and liability between the current and 
new permittee has been submitted to the department. If the change in ownership or operational 

control changes the designated representative for an acid rain permit, the change is considered a 

permit modification and the procedures outlined in § 74:36:05:39 apply; or

(5) Any other change that the Administrator of the EPA and the secretary determines to be 

similar to the requirements in subdivisions (1) to (4), inclusive, of this section.

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 25 

SDR 123, effective April 4, 1999.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6.

74:36:01:04. Affected states defined. Affected states are all states whose air quality may be 

affected by and that are contiguous to the state in which an operating permit, permit modification, 

or permit renewal for a Part 70 source is being proposed or that are within 50 miles of the 

permitted source.

Source: 19 SDR 157, effective April 22, 1993.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6.

74:36:01:05. Applicable requirements of the Clean Air Act defined. Applicable 

requirements of the Clean Air Act include all of the following as they apply to emissions units in a 

Part 70 source, unless the context of the Clean Air Act requires otherwise:

(1) Any standard or other requirement provided for in the applicable implementation plan 

approved or promulgated by EPA through rulemaking under Title I of the Clean Air Act that 

implements the relevant requirements of the Clean Air Act, including any revisions to that plan 

promulgated in Part 52 of 40 C.F.R. (July 1, 2012);

(2) Any term or condition of any preconstruction permits issued pursuant to regulations 

approved through rulemaking under Title I, including Parts C or D, of the Clean Air Act;

(3) Any standard or other requirement under § 111 of the Clean Air Act, including § 111(d);

(4) Any standard or other requirement under § 112 of the Clean Air Act, including any 

requirement concerning accident prevention under § 112(r)(7) of the Clean Air Act;

(5) Any standard or other requirement of the acid rain program under Title IV of the Clean 

Air Act or the regulations promulgated under it;

(6) Any monitoring, reporting, and certification requirements established pursuant to 

§ 504(b) or 114(a)(3) of the Clean Air Act;

(7) Any standard or other requirement governing solid waste incineration, under § 129 of the 

Clean Air Act;
(8) Any standard or other requirement for consumer and commercial products, under 

§ 183(e) of the Clean Air Act;

(9) Any standard or other requirement for tank vessels, under § 183(f) of the Clean Air Act;

(10) Any standard or other requirement of the program to control air pollution from outer 

continental shelf sources, under § 328 of the Clean Air Act;

(11) Any standard or other requirement of the regulations promulgated to protect 

stratospheric ozone under Title VI of the Clean Air Act, unless the administrator of the EPA has 

determined that such requirements need not be contained in a Part 70 operating permit; and

(12) Any national ambient air quality standard or increment or visibility requirement under 

Part C of Title I of the Clean Air Act, but only as it would apply to temporary sources permitted 

pursuant to § 504(e) of the Clean Air Act.

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 25 

SDR 123, effective April 4, 1999; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective 

June 13, 2006; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6.

74:36:01:06. Complete application defined. A complete application is one that the 

department has determined to contain all the information needed to begin to process the 

application. A determination that an application is complete continues in effect if the source 

submits by the date or dates specified by the department any additional information reasonably 

determined by the department to be necessary for developing and issuing the permit and requested 

in writing.

Source: 19 SDR 157, effective April 22, 1993.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6.

74:36:01:07. Major modification defined. Repealed.

Source: 8 SDR 71, effective December 21, 1981; 13 SDR 129, 13 SDR 141, effective July 

1, 1987; 17 SDR 170, effective May 13, 1991; transferred from § 74:26:01:02.01, 19 SDR 157, 

effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April 4, 

1999; repealed, 31 SDR 101, effective January 2, 2005.

74:36:01:08. Major source defined. A major source is any source or any group of sources 

that is located on one or more contiguous or adjacent properties, that is under control of the same 

person or of persons under common control, that belongs to a single major industrial grouping, and 

that is any of the following:

(1) A major source under § 112 of the Clean Air Act defined as a source or group of sources 

located within a contiguous area and under common control that emits or has the potential to emit, 

considering controls, in the aggregate, 10 tons per year (tpy) or more of any hazardous air pollutant 
which has been listed pursuant to § 112(b) of the Clean Air Act, 25 tpy or more of any combination

of such hazardous air pollutants, or a lesser quantity established by rule by the administrator of the 

EPA. Emissions from any oil exploration or production well and its associated equipment and 

emissions from any pipeline compressor or pump station may not be aggregated with emissions 

from other similar units, whether or not such units are in a contiguous area or under common 

control, to determine whether such units or stations are major sources; or

(2) A major source of air pollutants, as defined in § 302 of the Clean Air Act, that directly 

emits or has the potential to emit 100 tpy or more of any air pollutant subject to regulation as 

required by EPA, including any major source of fugitive emissions of any such pollutant, as 

determined by rule by the administrator of the EPA; or

(3) A major source as defined in Part D of Title I of the Clean Air Act, including;

(a) For ozone nonattainment areas, sources with the potential to emit 100 tons or more 

per year of volatile organic compounds or oxides of nitrogen in areas classified as "marginal" or 

"moderate, "50 tons or more per year in areas classified as "serious," 25 tons or more per year in 

areas classified as "severe," and 10 tons or more per year in areas classified as "extreme." The 

references in this subdivision to 100, 50, 25, and 10 tons per year of nitrogen oxides do not apply 

to any source for which the administrator of the EPA has made a finding, under § 182(f)(1) or (2) 

of the Clean Air Act, that the requirements of § 182(f) of the Clean Air Act do not apply;

(b) For ozone transport regions established pursuant to § 184 of the Clean Air Act, 

sources with the potential to emit 50 tons or more per year of volatile organic compounds;

(c) For carbon monoxide nonattainment areas that are classified as "serious" and in which 

sources contribute significantly to carbon monoxide levels as determined under rules issued by the 

administrator of the EPA, sources with the potential to emit 50 tons or more per year of carbon 

monoxide; and

(d) For particulate matter (PM10) nonattainment areas classified as "serious," sources 

with the potential to emit 70 tons or more per year of PM10.

A source or group of sources is considered as part of a single industrial grouping if all of the 

pollutant-emitting activities of the source or group of sources belong to the same major group (i.e. 

which have the same two-digit code) as described in the Standard Industrial Classification Manual, 

1987.

Source: List of stationary sources transferred from § 74:26:01:03, 17 SDR 170, effective 

May 13, 1991; transferred from §§ 74:26:01:06.05 and 74:26:01:06.07, 19 SDR 157, effective 

April 22, 1993; 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April 4, 1999; 37 

SDR 182, effective April 20, 2011.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6.

Cross-Reference: Classification defined, Title I of the Clean Air Act.
Reference: Standard Industrial Classification Manual, 1987, Executive Office of the 

President, Office of Management and Budget. Copies may be obtained from National Technical 

Information Service, 5285 Port Royal Road, Springfield, Virginia 22161, order no. PB 87-100012. 

Cost: $31.

74:36:01:09. Categories of sources defined. The fugitive emissions of a source shall not be 

included in determining whether it is a major source for any of the purposes of § 74:36:01:08 

unless the source belongs to one of the following categories of sources:

(1) Coal cleaning plants with thermal dryers;

(2) Kraft pulp mills;

(3) Portland cement plants;

(4) Primary zinc smelters;

(5) Iron and steel mills;

(6) Primary aluminum ore reduction plants;

(7) Primary copper smelters;

(8) Municipal incinerators capable of charging more than 250 tons of refuse per day;

(9) Hydrofluoric, sulfuric, or nitric acid plants;

(10) Petroleum refineries;

(11) Lime plants;

(12) Phosphate rock processing plants;

(13) Coke oven batteries;

(14) Sulfur recovery plants;

(15) Carbon black plants (furnace process);

(16) Primary lead smelters;

(17) Fuel conversion plants;

(18) Sintering plants;

(19) Secondary metal production plants;

(20) Chemical process plants;

(21) Fossil fuel-fired boilers totaling more than 250 million British thermal units per hour 

heat input;

(22) Petroleum storage and transfer units with a total storage capacity exceeding 300,000 

barrels;

(23) Taconite ore processing plants;

(24) Glass fiber processing plants;

(25) Charcoal production plants;

(26) Fossil fuel-fired steam electric plants of more than 250 million British thermal units per 

hour heat input; and

(27) Any other source category, which as of August 7, 1980, is regulated under § 111 or 112 

of the Clean Air Act but only for those air pollutants that have been regulated for that category.

Source: Transferred from § 74:26:01:03, 17 SDR 170, effective May 13, 1991; transferred 

from § 74:26:01:06.07, 19 SDR 157, effective April 22, 1993; 31 SDR 101, effective January 2, 

2005.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6.
74:36:01:10. Modification defined. Modification is a physical change in or change in the 

method of operation of a source that results in at least one of the following:

(1) An increase in the amount of an air pollutant emitted by that source or in the emission of 

an air pollutant not previously emitted;

(2) A significant change to existing monitoring, reporting, or record keeping requirements in 

the permit;

(3) The change requires or changes a case-by-case determination of an emission limit or 

other standard, a source-specific determination for temporary sources of ambient impacts, or a 

visibility or increment analysis; or

(4) The change seeks to establish or change a permit term or condition for which there is a 

corresponding underlying applicable requirement that the source has assumed to avoid an 

applicable requirement, a federally enforceable emissions cap assumed to avoid classification as a 

modification under any provision of Title I, or an alternative emissions limit approved pursuant to 

regulations promulgated under § 112(i)(5) of the Clean Air Act.

Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from 

§ 34:10:01:01(18), 7 SDR 4, effective July 27, 1980; transferred from § 44:10:01:02, effective July 

1, 1981; 8 SDR 71, effective December 21, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 

1987; 17 SDR 170, effective May 13, 1991; transferred from § 74:26:01:02, 19 SDR 157, effective 

April 22, 1993; 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April 4, 1999; 31 

SDR 101, effective January 2, 2005; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6.

74:36:01:11. National ambient air quality standard (NAAQS). The national primary 

ambient air quality standards define levels of air quality that are necessary, with a margin of safety, 

to protect the public health. The national secondary ambient air quality standards define levels of 

air quality that are necessary to protect the public welfare from any known or anticipated adverse 

effects of a pollutant. These standards are located in chapter 74:36:02.

Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from 

§ 34:10:01:01, 7 SDR 4, effective July 27, 1980; transferred from § 44:10:01:01, effective July 1, 

1981; 8 SDR 71, effective December 21, 1981; 10 SDR 68, effective January 5, 1984; 13 SDR 

129, 13 SDR 141, effective July 1, 1987; 14 SDR 72, effective November 24, 1987; 16 SDR 88, 

effective November 14, 1989; 17 SDR 170, effective May 13, 1991; transferred from 

§ 74:26:01:01, 19 SDR 157, effective April 22, 1993.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6.

74:36:01:12. Potential to emit defined. The potential to emit for sources shall be based on 

the maximum rated capacity of a source to emit a pollutant under its physical or operational design. 

Any physical or operational limitation on the capacity of a source to emit a pollutant, including air 

pollution control equipment and restrictions on hours of operation or on the type or amount of 

material combusted, stored, or processed, shall be treated as part of its design if the limitation is 
federally enforceable. Secondary emissions are not included when determining the potential to 

emit.

Source: 7 SDR 4, effective July 27, 1980; transferred from § 44:10:01:03, effective July 1, 

1981; 10 SDR 68, effective January 5, 1984; 13 SDR 129, 13 SDR 141, effective July 1, 1987; list 

of stationary sources transferred to § 74:26:01:06.07, 17 SDR 170, effective May 13, 1991; 

transferred from § 74:26:01:03, 19 SDR 157, effective April 22, 1993.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6.

74:36:01:13. Process weight rate defined. Process weight per hour is the total weight of all 

raw materials and other materials introduced into any specific process that may cause an emission 

of a regulated pollutant. Solid fuels charged are considered as part of the process weight, but liquid 

and gaseous fuels and combustion air are not.

The process weight rate for continuous or long-run steady-state operations is the total process 

weight for the entire period of continuous operation or for a typical portion divided by the number 

of hours of the period or portion.

The process weight rate for cyclical or batch operation is the total process weight for a period 

that covers a complete operation or an integral number of cycles divided by the hours of actual 

process operation during such a period.

If the nature of a process or operation or the design of equipment permits more than one 

interpretation of data, the interpretation that results in the minimum value for allowable emissions 

applies.

Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from 

§ 34:10:01:01(29), 7 SDR 4, effective July 27, 1980; transferred from § 44:10:01:04, effective July 

1, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; transferred from § 74:26:01:04, 19 SDR 

157, effective April 22, 1993.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6.

74:36:01:14. Reconstruction of sources defined. Repealed

Source: 7 SDR 4, effective July 27, 1980; transferred from § 44:10:01:05, effective July 1, 

1981; 10 SDR 68, effective January 5, 1984; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 17 

SDR 170, effective May 13, 1991; transferred from § 74:26:01:05, 19 SDR 157, effective April 22, 

1993; repealed, 31 SDR 101, effective January 2, 2005.

74:36:01:15. Regulated air pollutant defined. A regulated air pollutant is one of the 

following:

(1) Nitrogen oxides or any volatile organic compounds;

(2) Nitrogen dioxide, PM10, sulfur dioxide, carbon monoxide, lead, ozone, or any pollutant 

for which a national ambient air quality standard has been promulgated in the Clean Air Act;
(3) Any pollutant that is addressed by any standard promulgated under § 111 of the Clean 

Air Act;

(4) Any Class I or II substance subject to a standard promulgated under or established by 

Title VI of the Clean Air Act;

(5) Any pollutant subject to a standard promulgated under § 112 of the Clean Air Act or 

other requirements established under §§ 112(g), (j), and (r) of the Clean Air Act, including the 

following:

(a) Any pollutant subject to a standard promulgated under § 112(j) of the Clean Air Act. 

If the administrator of the EPA fails to promulgate a standard by the date established in § 112(e) of 

the Clean Air Act, any pollutant for which a subject source would be major shall be considered to 

be regulated on that date; and

(b) Any pollutant for which the requirements of § 112(g)(2) of the Clean Air Act have 

been met, but only for the individual source subject to § 112(g)(2) requirement; or

(6) Any of the six greenhouse gases designated by EPA as regulated air pollutants: carbon 

dioxide, nitrous oxide, methane, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride.

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 37 

SDR 182, effective April 20, 2011.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6.

74:36:01:16. Responsible official defined. A responsible official is defined as one of the 

following:

(1) For a corporation, a president, secretary, treasurer, or vice-president of the corporation in 

charge of a principal business function or any other person who performs similar policy or 

decision-making functions for the corporation, or a duly authorized representative of such person if 

the representative is responsible for the overall operation of one or more manufacturing, 

production, or operating facilities applying for or subject to a permit, and either:

(a) The facility employs more than 250 persons or has gross annual sales or expenditures 

exceeding $25 million (in second quarter 1980 dollars); or

(b) The delegation of authority to such a representative is approved in advance by the 

department;

(2) For a partnership or sole proprietorship, a general partner or the proprietor, respectively;

(3) For a municipal, state, federal, or other public agency, either a principal executive officer 

or ranking elected official. For the purposes of this subdivision, a principal executive officer of a 

federal agency includes the chief executive officer having responsibility for the overall operations 

of a principal geographic unit of the agency; or
(4) For affected sources:

(a) The designated representative insofar as actions, standards, requirements, or 

prohibitions under Title IV of the Clean Air Act or the regulations promulgated under it are 

concerned; or

(b) The designated representative for any other purposes under chapter 74:36:05.

Source: 19 SDR 157, effective April 22, 1993; 31 SDR 101, effective January 2, 2005.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6.

74:36:01:17. Significant defined. Repealed.

Source: 8 SDR 71, effective December 21, 1981; 13 SDR 129, 13 SDR 141, effective July 

1, 1987; 17 SDR 170, effective May 13, 1991; transferred from § 74:26:01:06.04, 19 SDR 157, 

effective April 22, 1993; 25 SDR 123, effective April 4, 1999; repealed, 31 SDR 101, effective 

January 2, 2005.

74:36:01:18. Municipal solid waste landfill defined. Municipal solid waste landfill means 

the entire disposal facility in a contiguous geographical space where household waste, commercial 

solid waste, nonhazardous sludge, conditionally exempt small-quantity generator waste, or 

industrial solid waste is placed in or on land. Portions of the municipal solid waste landfill may be 

separated by access roads. A municipal solid waste landfill may be publicly or privately owned, a 

new landfill, an existing landfill, or a lateral expansion.

Source: 23 SDR 106, effective December 29, 1996.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-18.

74:36:01:19. Existing municipal solid waste landfill defined. An existing municipal solid 

waste landfill is a municipal solid waste landfill that commenced construction, reconstruction, or 

modification before May 30, 1991. An existing municipal solid waste landfill may be active or 

closed. Physical or operational changes made to an existing municipal solid waste landfill solely to 

comply with applicable emission limits are not considered a modification or reconstruction. 

Source: 23 SDR 106, effective December 29, 1996.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-18.

74:36:01:20. Physical change in or change in the method of operation defined. A 

physical change in or change in the method of operation does not include the following:

(1) Routine maintenance, repair, and replacement;

(2) Use of an alternative fuel or raw material because of an order under §§ 2(a) and (b) of 

the Energy Supply and Environmental Coordination Act of 1974, as amended and in effect on 

January 1, 1993, or because of a natural gas curtailment plan pursuant to the Federal Power Act as 

in effect on January 1, 1993;
(3) Use of an alternative fuel because of an order or rule under § 125 of the Clean Air Act;

(4) Use at a steam generating unit of an alternative fuel that is generated from municipal 

solid waste;

(5) An increase in the hours of operation or in the production rate, unless the change is 

prohibited under a federally enforceable permit condition which was established after January 6, 

1975, pursuant to 40 C.F.R. § 52.21 (July 1, 2012), or under regulations approved pursuant to 40 

C.F.R. Part 51, Subpart I, or 40 C.F.R. § 51.166 (July 1, 2012);

(6) Any change of ownership at a source;

(7) The use of an alternative fuel or raw material by a source which the source was capable 

of accommodating before January 6, 1975, unless the change is prohibited under a federally 

enforceable permit condition which was established after January 6, 1975, pursuant to 40 C.F.R. 

§ 52.21 (July 1, 2012), or under regulations approved pursuant to 40 C.F.R. Part 51, Subpart I, or 

40 C.F.R. § 51.166 (July 1, 2012); and

(8) The use of an alternative fuel or raw material which the source is approved to use under 

a permit issued under 40 C.F.R. § 52.21 (July 1, 2012) or under regulations approved pursuant to 

40 C.F.R. § 51.165 (July 1, 2012).

Source: 25 SDR 123, effective April 4, 1999; 31 SDR 101, effective January 2, 2005; 32 

SDR 209, effective June 13, 2006; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective 

June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6.

74:36:01:21. Commenced construction defined. Commenced construction means the 

owner or operator has all necessary construction approvals or permits and has:

(1) Begun, or caused to begin, a continuous program of actual on-site construction of the 

new source or modification to the existing source; or

(2) Entered into a binding agreement or contractual obligation, which cannot be cancelled or 

modified without substantial loss to the owner or operator, to undertake a program of actual 

construction of the source.

Source: 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6.

CHAPTER 74:36:02

AMBIENT AIR QUALITY
Section

74:36:02:01 Air quality goals.

74:36:02:02 Ambient air quality standards.

74:36:02:03 Methods of sampling and analysis.

74:36:02:04 Air quality monitoring network.

74:36:02:05 Ambient air monitoring requirements.

74:36:02:01. Air quality goals. The air quality goals are as follows:

(1) Protection of the public health;

(2) Prevention of damage to buildings, property, animals, plants, forests, and agricultural 

crops;

(3) Optimization of visibility; and

(4) Minimization of the corrosion of or damage to metals or other materials.

Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from 

§ 34:10:02:01, 7 SDR 4, effective July 27, 1980; transferred from § 44:10:02:01, effective July 1, 

1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; transferred from § 74:26:02:01, 19 SDR 

157, effective April 22, 1993.

General Authority: SDCL 34A-1-6, 34A-1-15.

Law Implemented: SDCL 34A-1-15.

74:36:02:02. Ambient air quality standards. The ambient air quality standards listed in 40 

C.F.R. §§ 50.1 to 50.5, inclusive, (July 1, 2012); 40 C.F.R. § 50.6 (July 1, 2012); 40 C.F.R. 

§ 50.7(a)(1), (b), and (c) (July 1, 2012); 40 C.F.R. § 50.8 and 40 C.F.R. §§ 50.10 to 50.12, 

inclusive, (July 1, 2012), define the types and levels of air pollution above which the ambient air 

would limit the attainment of the goals specified in § 74:36:02:01. These standards apply to the 

entire state of South Dakota, and no person may cause these standards to be exceeded. The 

standards include normal background levels of air pollutants.

Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from 

§ 34:10:02:02, 7 SDR 4, effective July 27, 1980; transferred from § 44:10:02:02, effective July 1, 

1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 17 SDR 170, effective May 13, 1991; 

transferred from § 74:26:02:02, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective 

January 5, 1995; 25 SDR 123, effective April 4, 1999; 26 SDR 168, effective June 27, 2000; 31 

SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 36 SDR 207, effective 

June 28, 2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6, 34A-1-15.

Law Implemented: SDCL 34A-1-15.

74:36:02:03. Methods of sampling and analysis. Air pollutants of particulate matter, 

sulfur dioxide, carbon monoxide, ozone, nitrogen dioxide, and lead listed in 40 C.F.R. Part 50

(July 1, 2012) shall be measured by the reference method or methods stated in 40 C.F.R. Part 50, 

Appendix A to Appendix N, inclusive, (July 1, 2012) or an equivalent method designated in 

accordance with 40 C.F.R. Part 53 (July 1, 2012).
Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from 

§ 34:10:02:11, 7 SDR 4, effective July 27, 1980; transferred from § 44:10:02:09, effective July 1, 

1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; transferred from § 74:26:02:09, 19 SDR 

157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April

4, 1999; 26 SDR 168, effective June 27, 2000; 31 SDR 101, effective January 2, 2005; 32 SDR 

209, effective June 13, 2006; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 

2013.

General Authority: SDCL 34A-1-6, 34A-1-15.

Law Implemented: SDCL 34A-1-15.

74:36:02:04. Air quality monitoring network. The department shall outline ambient air 

monitoring goals, changes, and network design in the air quality monitoring network. The 

department shall revise the air quality monitoring network as required by 40 C.F.R. § 58.20 (July 

1, 2012).

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 25 

SDR 123, effective April 4, 1999; 26 SDR 168, effective June 27, 2000; 31 SDR 101, effective 

January 2, 2005; 32 SDR 209, effective June 13, 2006; 36 SDR 207, effective June 28, 2010; 39 

SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6, 34A-1-15.

Law Implemented: SDCL 34A-1-15.

74:36:02:05. Ambient air monitoring requirements. The operation of ambient air 

monitoring required by the department shall be consistent with 40 C.F.R. Part 58 (July 1, 2012). 

Records of monitoring activities and results shall be retained for a minimum of three years.

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 25 

SDR 123, effective April 4, 1999; 26 SDR 168, effective June 27, 2000; 31 SDR 101, effective 

January 2, 2005; 32 SDR 209, effective June 13, 2006; 36 SDR 207, effective June 28, 2010; 39 

SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6, 34A-1-15.

Law Implemented: SDCL 34A-1-15.

CHAPTER 74:36:03

AIR QUALITY EPISODES

Section

74:36:03:01 Air pollution emergency episode.

74:36:03:02 Episode emergency contingency plan.

74:36:03:01. Air pollution emergency episode. The proclamation of an air pollution 

emergency episode and its extent shall be made by the secretary, using the criteria in 40 C.F.R. 

§ 51.151 and Appendix L to Part 51 (July 1, 2012), if the accumulation of air pollutants in any 

place is attaining or has attained levels which could, if such levels are sustained or exceeded, lead 

to a substantial threat to the health of the public.
Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from 

§ 34:10:02:22, 7 SDR 4, effective July 27, 1980; transferred from § 44:10:02:17, effective July 1, 

1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; transferred from § 74:26:02:17, 19 SDR 

157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 31 SDR 101, effective 

January 2, 2005; 32 SDR 209, effective June 13, 2006; 36 SDR 207, effective June 28, 2010; 39 

SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6, 34A-1-15.

Law Implemented: SDCL 34A-1-15.

74:36:03:02. Episode emergency contingency plan. The department shall develop an 

episode emergency contingency plan and maintain it following the requirements in 40 C.F.R. 

§ 51.152 (July 1, 2012). The department shall reevaluate the contingency plan in accordance with 

the requirements in 40 C.F.R. § 51.153 (July 1, 2012).

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 31 

SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 36 SDR 207, effective 

June 28, 2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6, 34A-1-15.

Law Implemented: SDCL 34A-1-15.

CHAPTER 74:36:04

OPERATING PERMITS FOR MINOR SOURCES

Section

74:36:04:01 Applicability.

74:36:04:02 Minor source operating permit required.

74:36:04:02.01 Minor source operating permit exemption.

74:36:04:03 Emission unit exemptions.

74:36:04:03.01 Repealed.

74:36:04:04 Standard for issuance o a minor source operating permit.

74:36:04:05 Time period for operating permits and renewals.

74:36:04:06 Timely and complete application for operating permit required.

74:36:04:07 Required contents of complete application for operating permit.

74:36:04:08 Applicant required to supplement or correct application.

74:36:04:09 Permit application -- Completeness review.

74:36:04:10 Time period for department's recommendation.

74:36:04:11 Repealed.

74:36:04:12 Public participation in permitting process.

74:36:04:12.01 Public review of department's draft permit.

74:36:04:13 Final permit decision -- Notice to interested persons.

74:36:04:14 Right to petition for contested case hearing.

74:36:04:15 Contents of operating permit.

74:36:04:16 Operating permit expiration.

74:36:04:17 Renewal of operating permit.

74:36:04:18 Operating permit revision.
74:36:04:19 Administrative permit amendment.

74:36:04:20 Procedures for administrative permit amendments.

74:36:04:20.01 Minor permit amendment required.

74:36:04:20.02 Requirements for minor permit amendment.

74:36:04:20.03 Application for minor permit amendment.

74:36:04:20.04 Department deadline to approve minor permit amendment.

74:36:04:21 Permit modifications.

74:36:04:22 Source status change -- New permit required.

74:36:04:23 Reopening operating permit for cause.

74:36:04:24 Procedures to reopen operating permit.

74:36:04:25 and 74:36:04:26 Repealed.

74:36:04:27 Operating permit termination, revision, and revocation.

74:36:04:28 Notice of operating noncompliance -- Contents.

74:36:04:29 Petition for contested case on alleged violation.

74:36:04:30 Repealed.

74:36:04:31 Circumvention of emissions not allowed.

74:36:04:32 General permits.

74:36:04:33 Secretary may require an individual permit.

74:36:04:01. Applicability. The requirements of this chapter apply to all minor sources.

Source: 19 SDR 157, effective April 22, 1993.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6.

74:36:04:02. Minor source operating permit required. A person may not operate any 

source or unit likely to cause the emission of air pollutants into the ambient air or any equipment 

that prevents or controls the emission of air pollutants into the ambient air until a construction 

permit or minor source operating permit has been issued by the board or the secretary.

Source: 2 SDR 40, effective December 7, 1975; transferred from § 34:10:01:03.01, 7 SDR 

4, effective July 27, 1980; transferred from § 44:10:01:08, effective July 1, 1981; 13 SDR 129, 13 

SDR 141, effective July 1, 1987; transferred from § 74:26:01:08, 19 SDR 157, effective April 22, 

1993; 21 SDR 119, effective January 5, 1995; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6, 34A-1-21.

Law Implemented: SDCL 34A-1-21.

74:36:04:02.01. Minor source operating permit exemption. The following sources are 

exempt from obtaining a minor source operating permit:

(1) A source that has the potential to emit 25 tons or less per year of any criteria pollutant, 

except lead, before the application of control equipment; and

(2) Any other source constructed for domestic purposes and not intended for use by an 

industry, manufacturer, or business.

Source: 36 SDR 207, effective June 28, 2010.
General Authority: SDCL 34A-1-6, 34A-1-21.

Law Implemented: SDCL 34A-1-21.

74:36:04:03. Emission unit exemptions. The following emission units are exempt from 

inclusion in a minor source operating permit unless the source has requested federally enforceable 

permit conditions related to the emission unit to avoid needing a Part 70 operating permit, PSD 

preconstruction permit, or NSR preconstruction permit:

(1) One or more incinerators of less than 100 pounds per hour combined burning capacity 

that combust municipal or household waste;

(2) A mobile internal combustion engine, including those in autos, trucks, tractors, 

airplanes, locomotives, and boats;

(3) Laboratory equipment used exclusively for chemical or physical analysis;

(4) A unit that has a heat input capability of not more than 3,500,000 Btus per hour, except 

for units fueled with wood or coal;

(5) An air conditioning or ventilating system not designed to remove air pollutants from 

equipment;

(6) Routine housekeeping or plant upkeep activities such as painting buildings, retarring 

roofs, or paving parking lots; and

(7) A unit that has the potential to emit two tons or less per year of any criteria pollutant 

before the application of control equipment. However, the criteria pollutant emissions from the 

unit must be included in determining whether the source is a minor source.

An emission unit that is exempt from permitting must still meet the visible emission 

restriction in § 74:36:12:01.

Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from 

§ 34:10:01:16, 7 SDR 4, effective July 27, 1980; transferred from § 44:10:01:25, effective July 1, 

1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 17 SDR 170, effective May 13, 1991; 

transferred from § 74:26:01:25, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective 

January 5, 1995; 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999; 

31 SDR 101, effective January 2, 2005; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6, 34A-1-21.

Law Implemented: SDCL 34A-1-19, 34A-1-21.

Cross-References: Operating permits for Part 70 sources, ch 74:36:05; Prevention of 

significant deterioration, ch 74:36:09.

74:36:04:03.01. Minor source operating permit variance. Repealed.

Source: 23 SDR 106, effective December 29, 1996; 31 SDR 101, effective January 2, 2005; 

36 SDR 207, effective June 28, 2010; SL 2013, ch 166, § 15, effective July 1, 2013.

74:36:04:04. Standard for issuance of a minor source operating permit. An operating 

permit for a source or permit revision may be issued only if it has been shown that the operation of 

the source or permit revision will not prevent or interfere with the attainment or maintenance of an 

applicable national ambient air quality standard. Compliance with this requirement as determined 

by air pollution dispersion modeling is not affected by stack height that exceeds good engineering 
practice or by any other dispersion technique as defined in 40 C.F.R. § 51.100 (July 1, 2012). Each

source must comply with emission limits and other requirements of the act and the Clean Air Act. 

The minor source operating permit must include reasonable conditions, including adherence to 

plans and specifications, to assure compliance with the act, the Clean Air Act, and any other 

conditions justified under SDCL 34A-1-19.

Source: 2 SDR 40, effective December 7, 1975; transferred from § 34:10:01:08.02; 

transferred from § 44:10:01:12, effective July 1, 1981; 10 SDR 68, effective January 5, 1984; 12 

SDR 183, effective May 21, 1986; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 14 SDR 72, 

effective November 24, 1987; 16 SDR 88, effective November 14, 1989; 17 SDR 170, effective 

May 13, 1991; transferred from § 74:26:01:12, 19 SDR 157, effective April 22, 1993; 21 SDR 119, 

effective January 5, 1995; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 

2006; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6, 34A-1-19, 34A-1-21.

Law Implemented: SDCL 34A-1-19, 34A-1-21.

74:36:04:05. Time period for operating permits and renewals. An operating permit for a 

minor source shall be issued for a period up to five years and all subsequent operating permits shall 

be for a period of five years.

Source: 2 SDR 40, effective December 7, 1975; transferred from § 34:10:01:21.04; 

transferred from § 44:10:01:32, effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 

1987; 17 SDR 170, effective May 13, 1991; transferred from § 74:26:01:32, 19 SDR 157, effective

April 22, 1993; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6, 34A-1-21.

Law Implemented: SDCL 34A-1-21.

74:36:04:06. Timely and complete application for operating permit required. A person 

who owns or operates a source required to have a minor source operating permit shall submit a 

timely and complete application. An application is timely if it meets the time limits specified in 

this section. An application is complete if it meets the requirements in § 74:36:04:07.

A minor source applying for an initial operating permit shall submit a complete application 

to the department within 12 months after commencing operation. A minor source applying for a 

permit modification shall submit a complete application to the department within 12 months after 

commencing operation of the emission unit(s) involved with the modification.

A minor source applying for renewal of an operating permit shall submit a complete 

application 90 days before the date of permit expiration. If an existing source submits a timely and 

complete application for renewal of an operating permit within this time limit, the source's existing 

permit does not expire until the renewal permit has been issued or denied. The terms and 

conditions of the existing permit remain in effect until the renewal permit has been issued or 

denied.

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 30 

SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 36 SDR 207, 

effective June 28, 2010.

General Authority: SDCL 34A-1-6, 34A-1-21.
Law Implemented: SDCL 34A-1-12, 34A-1-21.

Note: A minor source applying for an initial operating permit or a permit modification must 

obtain a construction permit in accordance with chapter 74:36:20 before commencing construction 

of the source or permit modification.

74:36:04:07. Required contents of complete application for operating permit. An 

application for an operating permit for a minor source or permit modification must include the 

following information to be considered a complete application:

(1) General company information, including the company name and address or the plant 

name and address if different from the company name, the owner's name and agent, and the plant 

site manager or contact;

(2) A description of the plant and its processes and products;

(3) The following information on emissions:

(a) Identification and description of all emission units;

(b) Fuels, fuel use, raw materials, and production rates;

(c) Identification and description of air pollution control equipment;

(d) Limitations on source operation affecting emissions or any work practice standards, 

where applicable, for all regulated air pollutants;

(e) Other information required by any applicable requirements, including information 

related to stack height limits, such as the location of emissions units, flow rates, building 

dimensions, and stack parameters, including height, diameter, and plume temperature, for all 

pollutants regulated at the source;

(4) A copy of any prepared plans and the specifications of any equipment or other facilities 

which may affect the source, including pollution control devices;

(5) An abatement strategies plan, if required by chapter 74:36:03;

(6) A signed and notarized certification of applicant form;

(7) The results of any air dispersion modeling required by the department;

(8) The results of any stack performance testing required by the department;

(9) Any other information requested by the department which is relevant to determining 

compliance with the act or the Clean Air Act.

The application must be signed by the responsible official or designated representative. An 

application for the renewal of an operating permit may refer to a previously submitted application 

if there are no operational changes.

Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from 

§§ 34:10:01:04.01, 34:10:01:06, 7 SDR 4, effective July 27, 1980; transferred from § 44:10:01:09, 

effective July 1, 1981; 10 SDR 68, effective January 5, 1984; 13 SDR 129, 13 SDR 141, effective 

July 1, 1987; transferred from § 74:26:01:09, 19 SDR 157, effective April 22, 1993; 36 SDR 207, 

effective June 28, 2010.

General Authority: SDCL 34A-1-6, 34A-1-21.

Law Implemented: SDCL 34A-1-12, 34A-1-21.
74:36:04:08. Applicant required to supplement or correct application. If the applicant is 

aware that the application is incomplete or that any relevant facts or information contained in an 

application are incorrect, the applicant shall submit the supplementary facts or corrected 

information. The applicant shall provide additional information as necessary to address 

requirements that become applicable after the application is filed but prior to the release of the 

draft permit.

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995.

General Authority: SDCL 34A-1-6, 34A-1-21.

Law Implemented: SDCL 34A-1-12, 34A-1-21.

74:36:04:09. Permit application -- Completeness review. The department shall conduct a 

completeness review of each permit application received, as follows:

(1) Within 30 days after submission of an application for an initial operating permit, a

permit modification, or a renewal of an operating permit for a minor source, the department shall 

notify the applicant in writing whether or not the application is complete or incomplete. If the 

department does not notify the applicant that the application is incomplete within 30 days after 

receipt of the application, the application is considered complete. The department may at any time 

during the processing of the application request, in writing, additional information necessary to 

evaluate or take final action on the application;

(2) If the application is incomplete or additional information is necessary to evaluate the 

application, the department shall identify the items required to complete the application. The 

applicant has 20 working days after receipt of an incomplete notification or request for additional 

information to submit the information, unless an extension beyond the 20 working days is 

approved by the department; and

(3) The department shall determine the adequacy of the applicant's response to each 

incomplete item within 15 days after receipt of the response and shall notify the applicant in 

writing if the application is or is not complete.

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 25 

SDR 123, effective April 4, 1999; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6, 34A-1-21.

Law Implemented: SDCL 34A-1-21.

74:36:04:10. Time period for department's recommendation. The department shall 

recommend issuance or denial of an operating permit, a permit modification, or a renewal for an 

operating permit for a minor source within 90 days after the submission of a complete application 

and all other additional information necessary for the department to make an informed decision. A 

recommendation to issue a permit shall include a draft permit with appropriate conditions to ensure 

compliance with the act and Clean Air Act. Failure of the department to act on an application 

entitles the applicant to petition for and obtain a contested case review of the application without 

waiting for a department recommendation. The petition must conform to the requirements of 

article 74:09.
Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from 

§§ 34:10:01:08.01, 34:10:01:11, 7 SDR 4, effective July 27, 1980; transferred from § 44:10:01:11, 

effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; transferred from 

§ 74:26:01:11, 19 SDR 157, effective April 22, 1993; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6, 34A-1-21.

Law Implemented: SDCL 34A-1-21.

74:36:04:11. Department's recommendation on operating permit. Repealed.

Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from 

§§ 34:10:01:02, 34:10:01:22.02, 7 SDR 4, effective July 27, 1980; transferred from § 44:10:01:36, 

effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 17 SDR 170, effective 

May 13, 1991; transferred from § 74:26:01:36, 19 SDR 157, effective April 22, 1993; 25 SDR 123, 

effective April 4, 1999; repealed, 36 SDR 207, effective June 28, 2010.

74:36:04:12. Public participation in permitting process. The department shall mail a 

copy of the draft permit for a minor source to the applicant. The department shall publish a public 

notice of the draft permit once in a legal newspaper in the county where the source is located. The 

notice must include a brief statement describing the source and where it is located; the 

department's recommendation and the reasons for it; the activity or activities involved in the permit 

action; the emissions change involved in any permit modification; a statement that a person may 

submit comments or contest the draft permit within 30 days after the publication of the notice; 

describe the procedures a person must follow to contest the draft permit and request a hearing in 

accordance with article 74:09; and a statement describing where copies of the draft permit or other 

information may be obtained. The department shall provide to the interested parties a 30-day notice 

of any hearing to contest a draft permit.

Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from 

§§ 34:10:01:02, 34:10:01:22.03, 7 SDR 4, effective July 27, 1980; transferred from § 44:10:01:37, 

effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 14 SDR 50, effective 

October 4, 1987; 17 SDR 170, effective May 13, 1991; transferred from § 74:26:01:37, 19 SDR 

157, effective April 22, 1993; 25 SDR 123, effective April 4, 1999; 36 SDR 207, effective June 28, 

2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6, 34A-1-21.

Law Implemented: SDCL 1-26-27, 34A-1-21.

74:36:04:12.01. Public review of department's draft permit. During the public comment 

period, any interested person may submit written comments on the draft permit or request a 

contested case hearing. All comments will be considered in making a final permit decision on the 

draft permit as provided in § 74:36:04:13. A request for a contested case hearing must be in writing 

and prepared and filed in accordance with article 74:09. The department is not required to accept 

recommendations or comments that are not based on applicable requirements of this article or the 

requirements of the Clean Air Act.

Source: 25 SDR 123, effective April 4, 1999; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6, 34A-1-21.

Law Implemented: SDCL 34A-1-21
74:36:04:13. Final permit decision -- Notice to interested persons. The department shall 

make its final permit decision within 30 days of the end of the public comment period on a draft 

permit. The department shall notify, in writing, the applicant and each person that submitted 

written comments or requested notice of the final permit decision. The notice shall include 

reference to the procedures for contesting the final permit decision and requesting a hearing in 

accordance with article 74:09. For the purpose of this section, the final permit decision means 

proposing a permit, denying a permit, or terminating a permit.

The final permit will be issued within 30 days of notifying the applicant and each person that 

submitted written comments or requested notification of the final permit decision except under the 

following conditions:

(1) A later effective date is specified in the final permit decision;

(2) A contested case hearing is requested; or

(3) No comments or request for changes in the draft permit were received during the public 

notice period on the draft permit. In this case, the draft permit automatically becomes the final 

permit decision and the final permit is issued at the end of the public notice period.

Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from 

§§ 34:10:01:02, 34:10:01:22.04, 7 SDR 4, effective July 27, 1980; transferred from § 44:10:01:38, 

effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 14 SDR 50, effective 

October 4, 1987; 17 SDR 170, effective May 13, 1991; transferred from § 74:26:01:38, 19 SDR 

157, effective April 22, 1993; 25 SDR 123, effective April 4, 1999; 36 SDR 207, effective June 28, 

2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6, 34A-1-21.

Law Implemented: SDCL 1-26-27, 1-26-29, 34A-1-21.

74:36:04:14. Right to petition for contested case hearing. The applicant or interested 

person may petition the board and obtain a contested case hearing to dispute the department's draft 

permit. Any other person may petition to intervene and request a hearing if the person has an 

interest affected by the department's draft permit. Such petitions must comply with the provisions 

of article 74:09 and be received by the department within 30 days after publication of the notice 

required by § 74:36:04:12.

The applicant or an interested person that comments on the draft permit may petition the 

board for and obtain a contested case hearing to dispute the department's final permit decision. 

Such petitions must comply with the provisions of article 74:09 and be received by the department 

within 30 days after receiving the department's final permit decision.

If the draft permit or the final permit decision is contested, the department shall present the 

draft permit or final permit decision to the board for action in accordance with article 74:09.

Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from 

§§ 34:10:01:02, 34:10:01:22.05, 7 SDR 4, effective July 27, 1980; transferred from § 44:10:01:39, 

effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 14 SDR 50, effective 

October 4, 1987; transferred from § 74:26:01:39, 19 SDR 157, effective April 22, 1993; 25 SDR 

123, effective April 4, 1999; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6, 34A-1-21.
Law Implemented: SDCL 1-26-27, 1-26-29, 34A-1-21.

74:36:04:15. Contents of operating permit. An operating permit for a minor source shall 

include the following:

(1) The signature of either the secretary or the chairman;

(2) The name of the person, company, political subdivision, agency, or institution granted a 

permit;

(3) The type of operation;

(4) The facility and mailing address;

(5) The date the operating permit was granted and on which it will expire;

(6) A number for administrative reference;

(7) The name of a designated person or officer responsible for the source's operation;

(8) A statement granting an operating permit by the board or secretary and any conditions 

that the board or secretary may impose to ensure compliance with the act and the Clean Air Act;

(9) Emission limits and standards, including operational requirements and limits for all 

regulated emission units, necessary to assure compliance with applicable requirements of the act 

and the Clean Air Act;

(10) Monitoring and related record keeping and reporting requirements;

(11) A severability clause to ensure the continued validity of the various permit 

requirements if any portions of the permit are challenged; and

(12) Provisions stating the following:

(a) The permittee must comply with all conditions of the permit. Any permit 

noncompliance constitutes a violation and is grounds for enforcement action, permit termination, 

revocation and reissuance, permit revision, or denial of a permit renewal application;

(b) The operating permit may be revised, revoked and reissued, reopened, or terminated 

for cause;

(c) The operating permit does not convey any property rights of any sort or any exclusive 

privilege; and

(d) The permittee shall provide any information, including records, requested in writing 

by the department to determine whether cause exists for revising, revoking and reissuing, 

reopening, or terminating the permit or to determine compliance.

Source: 2 SDR 40, effective December 7, 1975; transferred from § 34:10:01:22.10, 7 SDR 

4, effective July 27, 1980; transferred from § 44:10:01:44, effective July 1, 1981; 13 SDR 129, 13 

SDR 141, effective July 1, 1987; 17 SDR 170, effective May 13, 1991; transferred from 

§ 74:26:01:44, 19 SDR 157, effective April 22, 1993; 36 SDR 207, effective June 28, 2010; 39 

SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6, 34A-1-21.

Law Implemented: SDCL 34A-1-21.

74:36:04:16. Operating permit expiration. Operating permit expiration terminates the 

source's right to operate under the minor source operating permit unless a timely and complete 

renewal application has been submitted to the department.
Source: 19 SDR 157, effective April 22, 1993; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6, 34A-1-21.

Law Implemented: SDCL 34A-1-21.

74:36:04:17. Renewal of operating permit. Permits being renewed are subject to the same 

procedural requirements in §§ 74:36:04:06 to 74:36:04:14, inclusive, as the original minor source 

operating permit issuance.

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 36 

SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6, 34A-1-21.

Law Implemented: SDCL 34A-1-21.

74:36:04:18. Operating permit revision. An operating permit for a minor source may be 

revised at any time by the submittal of an application. The application must specify whether the 

requested revision is an administrative permit amendment, minor permit amendment, or a permit 

modification with supporting documentation. The application must contain the necessary 

information required for an administrative permit amendment, minor permit amendment, or permit 

modification.

Source: 19 SDR 157, effective April 22, 1993; 25 SDR 123, effective April 4, 1999; 36 

SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6, 34A-1-21.

Law Implemented: SDCL 34A-1-21.

74:36:04:19. Administrative permit amendment. An administrative permit amendment 

may be issued for a revision to an operating permit meeting the requirements of § 74:36:01:03. An 

application for an administrative permit amendment shall contain a description of the change and 

documentation supporting the applicant's claim the revision qualifies as an administrative permit 

amendment.

Source: 19 SDR 157, effective April 22, 1993; 25 SDR 123, effective April 4, 1999.

General Authority: SDCL 34A-1-6, 34A-1-21.

Law Implemented: SDCL 34A-1-21.

74:36:04:20. Procedures for administrative permit amendments. The source may 

implement a proposed revision that is considered an administrative permit amendment 

immediately upon notifying the department. The department shall determine whether an 

administrative permit amendment is applicable to the proposed revision within 15 days of 

receiving a request for a permit revision. The department shall issue administrative permit 

amendments without the procedural requirements applicable to obtaining a permit modification.

Source: 19 SDR 157, effective April 22, 1993; 25 SDR 123, effective April 4, 1999; 36 

SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6, 34A-1-21.

Law Implemented: SDCL 34A-1-21.
74:36:04:20.01. Minor permit amendment required. A minor permit amendment is an 

amendment to an existing minor source operating permit and is issued by the secretary. A source 

may request a minor permit amendment under §§ 74:36:04:20.02 to 74:36:04:20.04, inclusive, for 

a change that does not constitute a modification and is not prohibited under any applicable 

requirement under Title I of the Clean Air Act.

Source: 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April 4, 1999; 36 

SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6, 34A-1-21.

Law Implemented: SDCL 34A-1-12, 34A-1-21.

74:36:04:20.02. Requirements for minor permit amendment. A minor permit 

amendment may be issued by the secretary if the proposed revision meets the following 

requirements:

(1) It does not violate any applicable requirement;

(2) It does not involve significant changes to existing monitoring, reporting, or record 

keeping requirements in the permit;

(3) It does not require or change a case-by-case determination of an emission limit or other 

standard, a source-specific determination for temporary sources of ambient impacts, or a visibility 

or increment analysis;

(4) It does not seek to establish or change a permit term or condition for which there is no 

corresponding underlying applicable requirement that the source has assumed to avoid an 

applicable requirement, a federally enforceable emissions cap assumed to avoid classification as a 

modification under any provision of Title I, or an alternative emissions limit approved pursuant to 

regulations promulgated under § 112(i)(5) of the Clean Air Act; and

(5) It does not constitute a modification under Title I of the Clean Air Act.

Source: 21 SDR 119, effective January 5, 1995.

General Authority: SDCL 34A-1-6, 34A-1-21.

Law Implemented: SDCL 34A-1-21.

74:36:04:20.03. Application for minor permit amendment. An application for a minor 

permit amendment shall include the following:

(1) A description of the proposed change, the resulting change in emissions, and any new 

applicable requirements;

(2) The source's suggested draft permit; and

(3) Certification by a responsible official that the proposed revision meets the applicable 

requirements of a minor permit amendment.

Source: 21 SDR 119, effective January 5, 1995.

General Authority: SDCL 34A-1-6, 34A-1-21.

Law Implemented: SDCL 34A-1-21.
74:36:04:20.04. Department deadline to approve minor permit amendment. The 

department shall take the following final action on a proposed minor permit amendment within 90 

days after receipt of a complete application for the amendment:

(1) Issue the minor permit amendment as proposed;

(2) Deny the minor permit amendment application; or

(3) Determine that the requested minor permit amendment should be processed as a permit 

modification.

The source may implement a proposed revision that is considered a minor permit amendment 

seven days after submitting a complete application. The secretary shall issue minor permit 

amendments without the procedural requirements applicable to obtaining a permit modification.

Source: 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April 4, 1999; 36 

SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6, 34A-1-21.

Law Implemented: SDCL 34A-1-21.

74:36:04:21. Permit modifications. Permit modifications are subject to the same 

procedural requirements in §§ 74:36:04:06 to 74:36:04:14, inclusive, as the original operating 

permit issuance as long as the source remains a minor source. However, the required review shall 

cover only the proposed changes rather than the unchanged activities of the permittee.

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995.

General Authority: SDCL 34A-1-6, 34A-1-21.

Law Implemented: SDCL 34A-1-21.

74:36:04:22. Source status change -- New permit required. If a minor source becomes a 

Part 70 source because of a relaxation in a federally enforceable limit on the capacity of the source 

or modification as defined in § 74:36:01:10, the requirements of chapter 74:36:05 apply to that 

source as though it were a single new source and the owner or operator shall obtain the applicable 

permit.

Source: 12 SDR 183, effective May 21, 1986; 13 SDR 129, 13 SDR 141, effective July 1, 

1987; transferred from § 74:26:01:02.02, 19 SDR 157, effective April 22, 1993; 25 SDR 123, 

effective April 4, 1999.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6.

74:36:04:23. Reopening operating permit for cause. The department may reopen an 

operating permit for further review if the department determines that the permit contains a material 

mistake in establishing the emissions standards or limits or other requirements of the operating 

permit or the department determines that the operating permit must be revised to ensure 

compliance with the applicable requirements of this article and the Clean Air Act.

Source: 19 SDR 157, effective April 22, 1993; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6, 34A-1-21.
Law Implemented: SDCL 34A-1-21.

74:36:04:24. Procedures to reopen operating permit. The department shall notify the 

source at least 30 days before reopening an operating permit issued to the source. The department 

may reopen a permit in a shorter time in an emergency. The procedures to reopen an operating 

permit shall follow the procedural requirements to issue an initial permit and shall affect only those 

parts of the permit for which cause to reopen exists.

Source: 19 SDR 157, effective April 22, 1993.

General Authority: SDCL 34A-1-6, 34A-1-21.

Law Implemented: SDCL 34A-1-21.

74:36:04:25. General permit. Repealed.

Source: 19 SDR 157, effective April 22, 1993; repealed, 23 SDR 106, effective December 

29, 1996.

74:36:04:26. General permit -- Notice of intent. Repealed.

Source: 19 SDR 157, effective April 22, 1993; repealed, 23 SDR 106, effective December 

29, 1996.

74:36:04:27. Operating permit termination, revision, and revocation. The board, upon 

recommendation by the secretary, may terminate, revise, or revoke an operating permit for a 

violation of this article or nonpayment of any outstanding enforcement penalty.

Source: 19 SDR 157, effective April 22, 1993; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6, 34A-1-21.

Law Implemented: SDCL 34A-1-21.

74:36:04:28. Notice of operating noncompliance -- Contents. If the department 

determines that the operation of a source is not in compliance with this article, the Clean Air Act, 

or permit conditions, the department may issue a notice of such a finding to the permit holder or 

operator of the source. The notice must contain citations to the rules, statutes, or permit conditions 

violated and the alleged facts upon which the determination is based. The secretary, with the 

concurrence of the alleged violator, may settle an issue of noncompliance by entering into a 

compliance agreement with the source that specifies the date for final compliance of the source and 

any penalties under SDCL 34A-1-39. If a compliance agreement can not be negotiated, the 

department may petition the chairman of the board for a contested case hearing or may file a civil 

penalty or injunctive action in circuit court.

Source: 2 SDR 40, effective December 7, 1975; transferred from § 34:10:01:39, 7 SDR 4, 

effective July 27, 1980; transferred from § 44:10:01:47, effective July 1, 1981; 10 SDR 68, 

effective January 5, 1984; 13 SDR 129, 13 SDR 141, effective July 1, 1987; transferred from 

§ 74:26:01:47, 19 SDR 157, effective April 22, 1993.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 1-26-20, 34A-1-53.
74:36:04:29. Petition for contested case on alleged violation. In accordance with 

§ 74:36:04:28, the department may file a petition containing the information required in article 

74:09 with the chairman to request an order directing corrective action, that an enforcement 

hearing be scheduled pursuant to the provisions of chapter 74:09:01, or that the permit be 

suspended or revoked for noncompliance.

Source: 2 SDR 40, effective December 7, 1975; transferred from § 34:10:01:40, 7 SDR 4, 

effective July 27, 1980; transferred from § 44:10:01:48, effective July 1, 1981; 13 SDR 129, 13 

SDR 141, effective July 1, 1987; 14 SDR 50, effective October 4, 1987; transferred from 

§ 74:26:01:48, 19 SDR 157, effective April 22, 1993.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-47, 34A-1-49.

74:36:04:30. Stack performance tests required. Repealed.

Source: 19 SDR 157, effective April 22, 1993; repealed, 23 SDR 106, effective December 

29, 1996.

74:36:04:31. Circumvention of emissions not allowed. A person may not install or cause 

the installation or use of a device or a means which conceals or dilutes an emission of air pollutants

that would otherwise violate this article or the Clean Air Act. This includes operating a source, 

unit, or control device which emits pollutants into the ambient air from an opening other than the 

stack, vent, or equivalent opening from which they were designed to be emitted.

Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from 

§ 34:10:01:03, 7 SDR 4, effective July 27, 1980; transferred from § 44:10:01:07, effective July 1, 

1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; transferred from § 74:26:01:07, 19 SDR 

157, effective April 22, 1993.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:04:32. General permits. The secretary may issue a general permit to a category of air 

pollution sources that meets the following:

(1) Involve the same or substantially similar types of operations;

(2) Require the same or similar type of air emission limits; and

(3) Require the same or similar record keeping and monitoring.

If a general permit has been issued by the secretary, all sources covered by the general permit 

shall apply for permission to operate under the general permit. Such sources may not be 

constructed or operate until they are granted coverage under the general permit, or until they obtain 

an individual permit if required by the secretary.

Source: 30 SDR 26, effective September 1, 2003; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-21.

Law Implemented: SDCL 34A-1-56.
Note: The procedural requirements for obtaining a general permit under this chapter are 

similar to the procedural requirements for a minor source, such as a timely and complete 

application, completeness review, public participation, and departmental recommendation, as 

outlined in §§ 74:36:04:06 to 74:36:04:14, inclusive.

74:36:04:33. Secretary may require an individual permit. The secretary may require any 

source applying for a general permit or operating under a general permit to apply for and obtain an 

individual air quality permit. Individual air quality permits may be required at the discretion of the 

secretary, including under the following circumstances;

(1) The owner or operator is not in compliance with the conditions of its existing individual 

air permit prior to applying for the general permit; or

(2) The owner or operator is not in compliance with the conditions of the general permit.

Source: 30 SDR 26, effective September 1, 2003.

General Authority: SDCL 34A-1-21.

Law Implemented: SDCL 34A-1-56.

CHAPTER 74:36:05

OPERATING PERMITS FOR PART 70 SOURCES

Section

74:36:05:01 Applicability.

74:36:05:02 Part 70 operating permit required.

74:36:05:03 Sources required to obtain a Part 70 operating permit.

74:36:05:03.01 Repealed.

74:36:05:04 Sources exempt from obtaining a Part 70 operating permit.

74:36:05:04.01 Insignificant activities.

74:36:05:05 Transferred.

74:36:05:06 Standard for issuance of a Part 70 permit.

74:36:05:06.01 Fees required for operating permit.

74:36:05:07 Time period for operating permits and renewals.

74:36:05:08 Timely and complete application for operating permit required.

74:36:05:09 Complete application.

74:36:05:10 and 74:36:05:11 Transferred.

74:36:05:12 Required contents of complete application.

74:36:05:13 Applicant required to supplement or correct application.

74:36:05:14 Repealed.

74:36:05:15 Deadline for final action on permit application.

74:36:05:16 Statement of basis for recommended permit conditions.

74:36:05:16.01 Operating permit requirements.

74:36:05:17 Public participation in permitting process.

74:36:05:18 Public and affected state review of draft permit.

74:36:05:19 Transferred.

74:36:05:20 Repealed.
74:36:05:20.01 Final permit decision -- Notice to interested persons.

74:36:05:20.02 Petitions for contested case hearing.

74:36:05:20.03 EPA review of Part 70 operating permit.

74:36:05:21 EPA objection to issuance of operating permit.

74:36:05:21.01 Department response to EPA objection.

74:36:05:22 Department failure to meet EPA objection deadline.

74:36:05:23 Public petition to EPA on the final permit.

74:36:05:24 Repealed.

74:36:05:25 to 74:36:05:27 Transferred.

74:36:05:28 Permit expiration.

74:36:05:29 Permit renewal.

74:36:05:30 Permit flexibility.

74:36:05:31 Permit amendment -- Application required.

74:36:05:32 Administrative permit amendment required.

74:36:05:33 Procedure for administrative permit amendments.

74:36:05:34 Minor permit amendment required.

74:36:05:35 Requirements for minor permit amendments.

74:36:05:36 Application for minor permit amendment.

74:36:05:37 Notification of EPA and affected states required.

74:36:05:38 Department deadline to approve minor permit amendment.

74:36:05:39 Permit modifications.

74:36:05:40 Reopening operating permit for cause.

74:36:05:41 Procedures to reopen permit.

74:36:05:42 Reopening permit for cause by EPA.

74:36:05:43 EPA review of proposed determination.

74:36:05:44 Department failure to submit proposed determination.

74:36:05:45 Repealed.

74:36:05:46 Permit termination, modification, revocation, and reissuance by 

department.

74:36:05:47 Notice of operating noncompliance -- Contents.

74:36:05:47.01 Circumvention of emissions not allowed.

74:36:05:48 Petition for contested case on alleged violation.

74:36:05:49 Repealed.

74:36:05:50 Federal enforceability of permit conditions.

74:36:05:51 General permits.

74:36:05:52 Secretary may require an individual permit.

74:36:05:01. Applicability. The requirements of this chapter apply to all Part 70 sources.

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 31 

SDR 101, effective January 2, 2005; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6, 34A-1-21.

Law Implemented: SDCL 34A-1-21.

74:36:05:02. Part 70 operating permit required. A person may not operate any source or 

unit likely to cause the emission of air pollutants into the ambient air or any equipment which 

prevents or controls the emission of air pollutants into the ambient air until a construction permit, 
PSD preconstruction permit, NSR preconstruction permit, or Part 70 operating permit has been 

issued by the board or the secretary.

Source: 19 SDR 157, effective April 22, 1993; second paragraph transferred from 

§ 74:36:05:05, 20 SDR 125, effective February 9, 1994; 21 SDR 119, effective January 5, 1995; 25 

SDR 123, effective April 4, 1999; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6, 34A-1-21.

Law Implemented: SDCL 34A-1-12, 34A-1-21.

Cross-References: Sources exempt from obtaining a Part 70 operating permit, 

§ 74:36:05:04; Timely and complete application for operating permit required, § 74:36:05:08.

74:36:05:03. Sources required to obtain a Part 70 operating permit. Sources required to 

obtain a Part 70 operating permit include the following:

(1) Any major source;

(2) Any source, including an area source, subject to a standard or regulation promulgated

under § 111 of the Clean Air Act unless otherwise specified in chapter 74:36:07;

(3) Any source, including an area source, subject to a standard or regulation promulgated 

under § 112 of the Clean Air Act, except for a source that is solely subject to the regulations or 

requirements of § 112(r) or unless otherwise specified in chapter 74:36:08;

(4) Any affected source subject to Title IV of the Clean Air Act; and

(5) Any source in a source category designated by the administrator of the EPA through the 

Clean Air Act pursuant to Title V of the Clean Air Act.

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 25 

SDR 123, effective April 4, 1999; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6, 34A-1-21.

Law Implemented: SDCL 34A-1-12, 34A-1-21.

74:36:05:03.01. PSD or NSR preconstruction permit required. Repealed.

Source: 19 SDR 157, effective April 22, 1993; transferred from § 74:36:05:10, 20 SDR 125, 

effective February 9, 1994; 21 SDR 119, effective January 5, 1995; repealed, 36 SDR 207, 

effective June 28, 2010.

74:36:05:04. Sources exempt from obtaining a Part 70 operating permit. The following 

sources are exempt from obtaining a Part 70 operating permit:

(1) All sources that are not included in § 74:36:05:03;

(2) Sources that operate a unit subject to 40 C.F.R. 60, Subpart AAA-Standards of 

Performance for New Residential Wood Heaters (July 1, 2012) are exempt from the obligation to 

obtain a Part 70 operating permit if the source is not required to obtain a Part 70 operating permit 
for a reason other than the source is subject to Subpart AAA. Exempted sources must still meet the 

applicable requirements in Subpart AAA; or

(3) Sources that operate a unit subject to 40 C.F.R. § 61.145, Standard for Demolition and 

Renovation (July 1, 2012) are exempt from the obligation to obtain a Part 70 operating permit if 

the source is not required to obtain a Part 70 operating permit for a reason other than the source is 

subject to 40 C.F.R. § 61.145 (July 1, 2012). Exempted sources must still meet the applicable 

requirements in 40 C.F.R. § 61.145 (July 1, 2012).

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 31 

SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 36 SDR 207, effective 

June 28, 2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6, 34A-1-21.

Law Implemented: SDCL 34A-1-12, 34A-1-21.

74:36:05:04.01. Insignificant activities. The following emission units are considered 

insignificant activities and are exempt from inclusion in a Part 70 operating permit unless the 

source has requested federally-enforceable permit conditions related to the insignificant activity to 

avoid needing a PSD preconstruction permit or NSR preconstruction permit:

(1) One or more incinerators of less than 100 pounds per hour combined burning capacity 

that combust municipal or household waste;

(2) A mobile internal combustion engine, including engines in autos, trucks, tractors, 

airplanes, locomotives, and boats;

(3) Laboratory equipment used exclusively for chemical or physical analysis;

(4) A unit that has a heat input capability of not more than 3,500,000 Btus per hour, except 

for units fueled with wood or coal;

(5) An air conditioning or ventilating system not designed to remove air pollutants from 

equipment;

(6) Routine housekeeping or plant upkeep activities such as painting buildings, retarring 

roofs, or paving parking lots;

(7) A unit that has the potential to emit two tons or less per year of any criteria pollutant 

before the application of control equipment. However, the criteria pollutant emissions from the 

unit must be included in determining whether the source is a major source; and

(8) A unit that has the potential to emit two tons or less per year of any hazardous air 

pollutant. However, the hazardous air pollutant emissions from the unit must be included in 

determining whether the source is a major source. A unit may not be considered insignificant if a 

state or federal limit is applicable to the unit.

However, insignificant activities exempted because of size or production rate must be 

identified in the Part 70 operating permit application. An application may not omit information 

needed to determine the applicability of or to impose an applicable requirement.

Source: 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April 4, 1999; 31 

SDR 101, effective January 2, 2005; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6, 34A-1-21.

Law Implemented: SDCL 34A-1-12, 34A-1-21.
74:36:05:05. Transferred to § 74:36:05:02.

74:36:05:06. Standard for issuance of a Part 70 operating permit. A Part 70 operating 

permit for a source or permit revision may be issued only if it has been shown that the operation of 

the source or permit revision will not prevent or interfere with the attainment or maintenance of an 

applicable ambient air quality standard. Compliance with this requirement as determined by air 

pollution dispersion modeling is not affected by stack height that exceeds good engineering 

practice or by any other dispersion technique as defined in 40 C.F.R. § 51.100 (July 1, 2012). Each

source must comply with emission limits and other requirements of the act and the Clean Air Act. 

A Part 70 operating permit must include reasonable conditions, including adherence to plans and 

specifications, to assure compliance with the act, the Clean Air Act, and any other conditions 

justified under SDCL 34A-1-19.

Source: 2 SDR 40, effective December 7, 1975; transferred from § 34:10:01:08.02; 

transferred from § 44:10:01:12, effective July 1, 1981; 10 SDR 68, effective January 5, 1984; 12 

SDR 183, effective May 21, 1986; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 14 SDR 72, 

effective November 24, 1987; 16 SDR 88, effective November 14, 1989; 17 SDR 170, effective 

May 13, 1991; transferred from § 74:26:01:12, 19 SDR 157, effective April 22, 1993; 20 SDR 125, 

effective February 9, 1994; 21 SDR 119, effective January 5, 1995; 31 SDR 101, effective January 

2, 2005; 32 SDR 209, effective June 13, 2006; 36 SDR 207, effective June 28, 2010; 39 SDR 219, 

effective June 25, 2013.

General Authority: SDCL 34A-1-6, 34A-1-19, 34A-1-21.

Law Implemented: SDCL 34A-1-19, 34A-1-21.

74:36:05:06.01. Fees required for operating permit. The applicant for a Part 70 operating 

permit and the owner or operator of a source with a Part 70 operating permit shall submit a fee in 

accordance with article 74:37.

Source: 19 SDR 157, effective April 22, 1993; transferred from § 74:36:05:11, 20 SDR 125, 

effective February 9, 1994; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-57, 34A-1-58.

Law Implemented: SDCL 34A-1-58.

74:36:05:07. Time period for operating permits and renewals. A permit for an affected 

source under Title IV of the Clean Air Act shall be for a fixed term of five years. Operating permits 

for all Part 70 sources shall be issued for a period up to five years, and all subsequent operating 

permits shall be for a period of five years. A permit issued for a solid waste incinerator subject to 

the requirements of § 129(e) of the Clean Air Act shall be for a period not to exceed 12 years and 

shall be reviewed by the department every five years.

Source: 2 SDR 40, effective December 7, 1975; transferred from § 34:10:01:21.04; 

transferred from § 44:10:01:32, effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 

1987; 17 SDR 170, effective May 13, 1991; transferred from § 74:26:01:32, 19 SDR 157, effective 

April 22, 1993; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6, 34A-1-21.

Law Implemented: SDCL 34A-1-21.
74:36:05:08. Timely and complete application for operating permit required. A person 

who owns or operates a Part 70 source required to have an operating permit must submit a timely 

and complete application. An application is timely if it meets the time limits specified in this 

section. An application is complete if it meets the requirements in §§ 74:36:05:12 and 74:36:05:13. 

The time limits are set as follows:

(1) A source applying for its initial Part 70 operating permit must submit a complete 

application to the department within 12 months after commencing operation;

(2) A Part 70 source applying for a permit modification shall submit a complete application 

to the department within 12 months after commencing operation of the emission units involved 

with the modification;

(3) A Part 70 source applying for renewal of an operating permit must submit a complete 

application six months before the date of permit expiration. If a source submits a timely and 

complete application for renewal of a permit, the terms and conditions of the existing permit 

remain in effect until the renewal permit has been issued or denied. This right to operate pending 

action on an application is extinguished if the applicant fails to submit on time the information 

identified in § 74:36:05:12;

(4) Part 70 sources required to obtain approval under § 112(g) of the Clean Air Act or have a 

PSD preconstruction permit or NSR preconstruction permit must file a complete application to 

obtain a Part 70 operating permit or a permit modification, whichever is applicable, for the Part 70 

source within 12 months after commencing operation. If an existing operating permit for a Part 70 

source would prohibit such construction or the change in operation, the source must obtain the 

applicable construction permit, PSD preconstruction permit, or NSR preconstruction permit before 

commencing operation;

(5) Applications for initial phase II acid rain permits must be submitted to the department by 

January 1, 1996, for sulfur dioxide and by January 1, 1998, for nitrogen oxides; and

(6) An existing municipal solid waste landfill that meets the requirements of subdivisions 

74:36:07:34(1) and (2) is required to submit a Part 70 operating permit application within 15 

months of the effective date of EPA's approval of the state's § 111(d) plan required in the Clean Air 

Act.

Source: 19 SDR 157, effective April 22, 1993; 20 SDR 125, effective February 9, 1994; 21 

SDR 119, effective January 5, 1995; 25 SDR 123, effective April 4, 1999; 31 SDR 101, effective 

January 2, 2005; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6, 34A-1-21.

Law Implemented: SDCL 34A-1-12, 34A-1-21.

Note: A Part 70 source applying for an initial operating permit or a permit modification must 

obtain a construction permit in accordance with chapter 74:36:09, 74:36:10, or 74:36:20 before 

commencing construction of the source or permit modification.

74:36:05:09. Complete application. The department shall determine completeness of an 

application for an initial Part 70 operating permit, permit modification, or renewal of a Part 70 
operating permit within 60 days after its receipt and shall notify the applicant in writing of its 

determination. If the department does not notify the applicant that the application is incomplete 

within 60 days after receipt of the application, the applicant may consider the application complete. 

At any time during the processing of the application, the department may request, in writing, 

additional information necessary to evaluate or take final action on the application.

If the application is incomplete or additional information is necessary to evaluate the 

application, the department shall identify the items required to complete the application. The 

applicant has 20 working days after receipt of an incomplete notification or request for additional 

information to submit the information, unless an extension beyond the 20 working days is 

approved by the department. The department shall determine the adequacy of the applicant's 

response to each incomplete item within 20 days after receipt of the response and shall notify the 

applicant in writing if the application is or is not complete.

Once a designated representative submits a timely and complete acid rain permit application, 

the owners or operators of the affected source and the affected units covered by the permit 

application are considered in compliance with the requirement to have an acid rain permit until the 

final permit is issued, if any requested additional information is submitted during the permitting 

process.

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 25 

SDR 123, effective April 4, 1999; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6, 34A-1-21.

Law Implemented: SDCL 34A-1-21.

74:36:05:10. Transferred to § 74:36:05:03.01.

74:36:05:11. Transferred to § 74:36:05:06.01.

74:36:05:12. Required contents of complete application. An applicant for an operating 

permit for a Part 70 source or permit modification must submit the following information for the 

application to be considered complete:

(1) General company information, including the company name and address or the plant 

name and address if different from the company name, the owner's name and agent, and the plant 

site manager or contact;

(2) A plant description in terms of the processes and products identified by the Standard 

Industrial Classification Code, 1987, including any associated with each alternate scenario 

identified by the source;

(3) The following information on emissions:

(a) All emissions of pollutants for which the source is major and all emissions of 

regulated air pollutants. The applicant must describe all emissions of regulated air pollutants 

emitted from any emissions unit, except when such units are exempt;
(b) Identification and description of all emission units described in subsection (a) of this 

subdivision in sufficient detail to establish the basis for fees and the applicability of requirements 

of the Clean Air Act;

(c) Emissions rates in total tons per year and in any other terms necessary to establish 

compliance consistent with the applicable standard reference test method;

(d) Fuels, fuel use, raw materials, production rates, and operating schedules;

(e) Identification and description of air pollution control equipment and compliance 

monitoring devices or activities;

(f) Limits on source operation affecting emissions or any work practice standards, as 

applicable for all regulated air pollutants;

(g) For all pollutants regulated at the source, other information required by any applicable 

requirements including information related to stack height limits, such as the location of emissions 

units, flow rates, building dimensions, and stack parameters, including height diameter, and plume 

temperature; and

(h) Calculations on which the items in this subdivision are based;

(4) One copy of any prepared plans and the specifications of any equipment or other 

facilities that may affect the source, including pollution control devices;

(5) An abatement strategies plan, if required by chapter 74:36:03;

(6) A signed and notarized certification of applicant form, as provided by the department;

(7) The results of any air dispersion modeling or stack performance testing required by the 

department;

(8) Citation and description of all applicable air pollution control emission limit 

requirements;

(9) A review of fugitive emissions included in the same manner as stack emissions, whether 

or not the source is included in the list of sources contained in the definition of major source;

(10) A description of or reference to any applicable test method for determining compliance 

with each applicable requirement;

(11) Any additional information that may be necessary to implement and enforce other 

requirements of the Clean Air Act or to determine the applicability of such requirements;

(12) An explanation of any proposed exemptions from otherwise applicable requirements;

(13) The use of standardized forms for acid rain portions of permit applications and 

compliance plans;
(14) Information necessary to define reasonably anticipated alternative operating scenarios, 

to define permit terms and conditions pursuant to § 74:36:05:30, or to implement a federally 

enforceable emission cap;

(15) A compliance plan that contains all of the following and is at least as stringent as that 

contained in any judicial consent decree or administrative order to which the source is subject:

(a) A description of the compliance status of the source for all applicable requirements, 

including applicable requirements that will become effective during the term of the permit;

(b) A description of the requirements for which the source is not in compliance at the 

time of permit issuance and a narrative description and a compliance schedule of how the source 

will achieve compliance with such requirements. The compliance schedule must include a 

statement that progress reports will be submitted at least once every six months; and

(c) A statement that the source will continue to demonstrate compliance with applicable 

requirements;

(16) A certification of compliance by a responsible official that addresses all air pollution 

control requirements applicable to the source. A certification of compliance for an affected source 

subject to Title IV and chapter 74:36:16 must be submitted by the designated representative. This 

certification must be consistent with any applicable enhanced monitoring and compliance 

certification requirement of the Clean Air Act and must include:

(a) A statement indicating methods used to determine compliance, including monitoring, 

record keeping and reporting requirements, and test methods;

(b) A statement that compliance certifications will be submitted at least annually or at 

other designated times for the duration of the permit to the department;

(c) A statement that the source is in compliance with all applicable requirements;

(d) A statement identifying the condition of the permit that is the basis of the 

certification, indicating the compliance status, and identifying whether compliance is continuous or 

intermittent; and

(e) A statement indicating the source's compliance status with any applicable enhanced 

monitoring and compliance certification requirements of the Clean Air Act;

(17) A certification by a responsible official of the truth, accuracy, and completeness of any 

application form, report, or compliance certification submitted to the department. This certification 

and any other required certification must state that, based on information and belief formed after 

reasonable inquiry, the statements and information in the documents are true, accurate, and 

complete; and
(18) Any other information requested by the department after submission of an application 

for a permit to operate a Part 70 source which is relevant to determine compliance of the source 

with the Clean Air Act.

An application for a renewal of an operating permit for a Part 70 source may refer to 

previously submitted material.

Source: 19 SDR 157, effective April 22, 1993; 20 SDR 125, effective February 9, 1994; 21 

SDR 119, effective January 5, 1995; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6, 34A-1-21.

Law Implemented: SDCL 34A-1-12, 34A-1-21.

Reference: Standard Industrial Classification Manual, 1987, Executive Office of the 

President, Office of Management and Budget. Copies may be obtained from National Technical 

Information Service, 5285 Port Royal Road, Springfield, Virginia 22161, order no PB 87-100012. 

Cost: $31.

74:36:05:13. Applicant required to supplement or correct application. If the applicant is 

aware that the application is incomplete or that any relevant facts or information contained in an 

application are incorrect, the applicant shall submit the supplementary facts or corrected 

information. The applicant shall provide additional information as necessary to address 

requirements that become applicable after the application is filed but before the release of the draft 

permit.

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995.

General Authority: SDCL 34A-1-6, 34A-1-21.

Law Implemented: SDCL 34A-1-12, 34A-1-21.

74:36:05:14. Permit application -- Completeness review. Repealed.

Source: 19 SDR 157, effective April 22, 1993; 20 SDR 125, effective February 9, 1994; 

repealed, 21 SDR 119, effective January 5, 1995.

74:36:05:15. Deadline for final action on permit application. Except for the permitting of 

affected sources under the Title IV acid rain program, final action on each permit application for an 

operating permit for a Part 70 source, including requests for permit modification or renewal, must 

be completed within 18 months after receipt of a complete application.

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995.

General Authority: SDCL 34A-1-6, 34A-1-21.

Law Implemented: SDCL 34A-1-21.

74:36:05:16. Statement of basis for recommended permit conditions. The department 

shall review the complete application for a Part 70 operating permit and develop a statement that 

sets forth the legal and factual basis for the recommended permit conditions, including references 

to the applicable statutory or regulatory provisions. The department shall provide this statement to 

EPA, the applicant, and, upon request, to the public and affected states with the draft permit.
Source: 19 SDR 157, effective April 22, 1993; 20 SDR 125, effective February 9, 1994; 21 

SDR 119, effective January 5, 1995; 25 SDR 123, effective April 4, 1999.

General Authority: SDCL 34A-1-6, 34A-1-21.

Law Implemented: SDCL 34A-1-21.

74:36:05:16.01. Operating permit requirements. Each permit issued for the operation of a 

Part 70 source must contain:

(1) The name of the person, company, political subdivision, agency, or institution granted a 

permit;

(2) The type of operation;

(3) The facility and mailing address;

(4) The date the operating permit was granted and on which it will expire;

(5) A number for administrative reference;

(6) The name of a designated person or officer responsible for the source's operation;

(7) A statement granting an operating permit by the board or secretary and any conditions 

that the board or secretary may impose to ensure compliance with the act and the Clean Air Act;

(8) Emission limits and standards, including operational requirements and limits for all 

regulated emission units, necessary to assure compliance with applicable requirements of the act 

and the Clean Air Act and including the following:

(a) The reference of authority for each term or condition;

(b) The applicable requirements from the Clean Air Act and from Title IV requirements 

of the Clean Air Act, reviewing both requirements and distinguishing which is more stringent and 

incorporating both into the permit; and

(c) If an alternative emission limit is approved in the state implementation plan (SIP), 

provisions to ensure that the alternative emission limit in the permit issuance, renewal, or permit 

modification process has been demonstrated to be equivalent to the applicable emission limit in the 

state implementation plan and is quantifiable, accountable, enforceable, and based on replicable 

procedures;

(9) Monitoring and related record keeping and reporting requirements, consisting of at least 

the following:

(a) All emissions monitoring and analysis procedures, alternative approved methods or 

test methods required under the applicable requirements, including procedures and methods in 

§ 504(b) or 114(a)(3) of the Clean Air Act;
(b) If the applicable requirement does not require periodic testing or instrumental or 

noninstrumental monitoring, periodic monitoring sufficient to yield reliable data from the relevant 

time period that are representative of the source's compliance with the permit. Such monitoring 

requirements must assure use of terms, test methods, units, averaging periods, and other statistical 

conventions consistent with the applicable requirement;

(c) As necessary, documentation of the use, maintenance, and if appropriate, installation 

of monitoring equipment or methods;

(d) Documentation of the following:

(i) The date, place as defined in the permit, and time of sampling or 

measurements;

(ii) The date or dates analyses were performed;

(iii) The company or entity that performed the analyses;

(iv) The analytical techniques or methods used;

(v) The results of such analyses; and

(vi) The operating conditions as existing at the time of sampling or measurement;

(e) Record keeping and reporting requirements that comply with the following:

(i) Submission of reports of any required monitoring must occur at least every 

six months. Reports must clearly identify all deviations from permit requirements and conditions. 

All required reports must be certified by a responsible official; and

(ii) Deviations from permit requirements, including those attributable to upset 

conditions as defined in the permit, the probable cause of such deviations and any corrective 

actions or preventive measures taken must be promptly reported and certified by a responsible 

official; and

(f) Requirements for retention of monitoring records and all supporting documentation 

for at least five years from the date of the monitoring sample, measurement, report, or application; 

and

(10) If applicable, a condition prohibiting emissions exceeding any allowances that the 

source lawfully holds, exceedances of applicable emission rates, and the use of any allowance prior 

to the year for which it was allocated under the Title IV program of the Clean Air Act;

(11) A severability clause asserting the continued validity of permit requirements if any 

portions of the permit are challenged;

(12) Provisions stating the following:

(a) The permittee must comply with all conditions of the permit. Any permit 

noncompliance constitutes a violation and is grounds for enforcement action, permit termination, 

revocation and reissuance, permit revision, or denial of a permit renewal application;
(b) A permittee in an enforcement action may not use the defense that it would have been 

necessary to cease or reduce the permitted activity in order to maintain compliance;

(c) The permit may be revised, revoked and reissued, reopened, or terminated for cause. 

The filing of a request by the permittee for a permit revision, revocation and reissuance, or 

termination or of a notification of planned changes or anticipated noncompliance does not stay any 

permit condition;

(d) The permit does not convey property rights of any sort or any exclusive privilege; and

(e) The permittee must provide any information, including records, requested in writing 

by the department to determine whether cause exists for revising, revoking and reissuing, 

reopening, or terminating the permit or to determine compliance;

(13) Terms and conditions for reasonably anticipated operating scenarios identified by the 

source in its application and approved by the department. The terms and conditions must require 

the source, contemporaneously with making a change from one operating scenario to another, to 

record in a log at the permitted facility a record of the scenario under which it is operating and 

must ensure that the terms and conditions of each such alternative scenario meet all requirements 

of the Clean Air Act;

(14) Compliance requirements that contain the following:

(a) A compliance certification and testing, monitoring, reporting, and recordkeeping 

requirements sufficient to assure compliance with the terms and conditions of the permit. All 

documents, including reports, required by the permit must be certified by a responsible official 

consistent with subdivision 74:36:05:12(17). The compliance certification must be submitted 

annually from the date of permit issuance to the department and EPA;

(b) Inspection and entry requirements that require the permittee to allow the department 

or an authorized representative to perform the following:

(1) Enter upon the permittee's premises where a Part 70 source is located or 

emissions-related activity is conducted or where records must be kept under the conditions of the 

permit;

(2) Have access to and copy, at reasonable times, any records that must be kept under 

the conditions of the permit;

(3) Inspect at reasonable times any facilities, equipment, practices, or operations 

regulated or required under the permit; and

(4) As authorized by the Clean Air Act, sample or monitor at reasonable times 

substances or parameters for the purpose of assuring compliance with the permit or applicable 

requirements;

(c) A compliance plan in accordance with subdivision 74:36:05:12(15), including 

progress reports on noncompliance indicating the dates that compliance will be achieved or the 
dates that compliance was achieved as referred to in a schedule of compliance. The report must 

state an explanation for not attaining dates of compliance and must be submitted to the department 

semiannually or more frequently as required by the department; and

(d) A compliance certification in accordance with subdivision 74:36:05:12(16);

(15) A condition requiring a Part 70 source to pay any required fees;

(16) A condition stating that no permit revisions are required for increases in emissions 

allowed through emissions trading to the extent that such trades are authorized by the applicable 

requirements of the Clean Air Act;

(17) Any provisions the department uses to issue general permits that are in accordance with 

40 C.F.R. Part 70.6(d) (July 1, 2012);

(18) Provisions for permit emission exceedances due to emergencies that are in accordance 

with the requirements in 40 C.F.R. Part 70.6(g) (July 1, 2012); and

(19) All applicable requirements of the Clean Air Act.

Source: 19 SDR 157, effective April 22, 1993; transferred from § 74:36:05:27, 20 SDR 125, 

effective February 9, 1994; 21 SDR 119, effective January 5, 1995; 31 SDR 101, effective January 

2, 2005; 32 SDR 209, effective June 13, 2006; 36 SDR 207, effective June 28, 2010; 39 SDR 219, 

effective June 25, 2013.

General Authority: SDCL 34A-1-6, 34A-1-21.

Law Implemented: SDCL 34A-1-12, 34A-1-21.

74:36:05:17. Public participation in permitting process. All operating permit issuance 

proceedings, including renewals, permit modifications, and reopenings, for a Part 70 source, except 

as provided in this chapter, must provide an opportunity for public and affected states to comment 

on the draft permit.

The department shall publish the public notice on the draft permit once in a legal newspaper 

in the county where the source is located. The public notice must include the following:

(1) A brief statement describing the source, including the name and address of the permittee;

(2) The activity or activities involved in the permit action;

(3) The emissions change involved in any permit modification;

(4) The department's recommendation and the reasons for it;

(5) A statement that a person may submit comments or contest the draft permit within 30 

days after publication of the notice. The statement shall also describe the procedures a person must 

follow to contest the draft permit and request a hearing in accordance with article 74:09; and

(6) A statement describing where copies of the draft permit or other information may be 

obtained.

The department shall provide to the interested parties a 30-day notice of any hearing to 

contest a draft permit.
Source: 19 SDR 157, effective April 22, 1993; 20 SDR 125, effective February 9, 1994; 21 

SDR 119, effective January 5, 1995; 25 SDR 123, effective April 4, 1999; 36 SDR 207, effective 

June 28, 2010.

General Authority: SDCL 34A-1-6, 34A-1-21.

Law Implemented: SDCL 34A-1-21.

74:36:05:18. Public and affected state review of draft permit. During the public 

comment period, any interested person or affected state may submit written comments on the draft 

permit or request a contested case hearing. All comments will be considered in making a final 

permit decision on the draft permit as provided in §§ 74:36:05:20 and 74:36:05:20.01. A request 

for a contested case hearing must be in writing and prepared and filed in accordance with article 

74:09. The department is not required to accept recommendations or comments that are not based 

on applicable requirements of this article or the requirements of the Clean Air Act.

Source: 19 SDR 157, adopted April 22, 1993, effective November 15, 1994; 20 SDR 125, 

amended February 9, 1994, effective November 15, 1994; 21 SDR 119, amended January 5, 1995, 

and effective date changed to March 15, 1995; 25 SDR 123, effective April 4, 1999; 36 SDR 207, 

effective June 28, 2010.

General Authority: SDCL 34A-1-6, 34A-1-21.

Law Implemented: SDCL 34A-1-21.

74:36:05:19. Transferred to § 74:36:05:20.03.

74:36:05:20. Department review of affected states' comments on draft permit.

Repealed.

Source: 19 SDR 157, effective April 22, 1993; 20 SDR 125, amended February 9, 1994, and 

effective date changed to November 15, 1994; 21 SDR 119, amended January 5, 1995, and 

effective date changed to March 15, 1995; repealed, 25 SDR 123, effective April 4, 1999.

74:36:05:20.01. Final permit decision -- Notice to interested persons. The department 

shall make its final permit decision within 30 days of the end of the public comment period on a 

draft permit. The department shall notify, in writing, the applicant and each person or affected state 

that submitted written comments or requested notice of the final permit decision. The notice shall 

include reference to the procedures for contesting the final permit decision and requesting a 

hearing in accordance with article 74:09. For the purpose of this section, the final permit decision 

means proposing a permit, denying a permit, or terminating a permit.

The proposed Part 70 operating permit must be submitted to EPA within 30 days of notifying 

the applicant and each person or affected state that submitted written comments or requested 

notification of the final permit decision except under the following conditions:

(1) A later effective date is specified in the final permit decision;

(2) A contested case hearing is requested; or

(3) No comments or request for changes in the draft permit were received during the public 

notice period on the draft permit. In this case, the draft permit automatically becomes the final 

permit decision and the proposed Part 70 operating permit is submitted to EPA.
Source: 19 SDR 157, effective April 22, 1993; transferred from § 74:36:05:25, 20 SDR 125, 

effective February 9, 1994; 25 SDR 123, effective April 4, 1999; 36 SDR 207, effective June 28, 

2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6, 34A-1-21.

Law Implemented: SDCL 1-26-27, 1-26-29, 34A-1-21.

74:36:05:20.02. Petitions for contested case hearing. The applicant, interested person, or 

affected state may petition the board and obtain a contested case hearing to dispute the 

department's draft permit. Any other person may petition to intervene and request a hearing if the 

person has an interest affected by the department's draft permit. Such petitions must comply with 

the provisions of article 74:09 and be received by the department within 30 days after the notice 

required by § 74:36:05:17.

The applicant or an interested person or affected state that comments on the draft permit may 

petition the board for and obtain a contested case hearing to dispute the department's final permit 

decision. Such petitions must comply with the provisions of article 74:09 and be received by the 

department within 30 days after the applicant, interested person, or affected state receives the 

department's final permit decision.

If the draft permit or the final permit decision is contested, the department shall present the 

draft permit or final permit decision to the board for action in accordance with article 74:09.

Source: SL 1975, ch 16, §1; 2 SDR 40, effective December 7, 1975; transferred from 

§§ 34:10:01:02, 34:10:01:22.05, 7 SDR 4, effective July 27, 1980; transferred from § 44:10:01:39, 

effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 14 SDR 50, effective 

October 4, 1987; transferred from § 74:26:01:39, 19 SDR 157, effective April 22, 1993; transferred 

from § 74:36:05:26, 20 SDR 125, effective February 9, 1994; 21 SDR 119, effective January 5, 

1995; 25 SDR 123, effective April 4, 1999; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6, 34A-1-21.

Law Implemented: SDCL 1-26-27, 1-26-29, 34A-1-21.

74:36:05:20.03. EPA review of Part 70 operating permit. The department shall submit to 

EPA a copy of each permit application for a Part 70 operating permit, including any application for 

a permit modification at the time the application is received by the department, minutes of the 

proceedings of a contested case hearing, the draft permit, comments from the public or affected 

states on the draft permit and the department's response, the proposed Part 70 operating permit, and 

the final permit after EPA review. The department may, in agreement with EPA, submit a permit 

application summary form and any relevant portion of the permit application or compliance plan.

Source: 19 SDR 157, adopted April 22, 1993, effective November 15, 1994; 20 SDR 125, 

transferred from § 74:36:05:19 and amended February 9, 1994, effective November 15, 1994; 21 

SDR 119, amended January 5, 1995, and effective date changed to March 15, 1995; 25 SDR 123, 

effective April 4, 1999; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6, 34A-1-21.

Law Implemented: SDCL 34A-1-21.

74:36:05:21. EPA objection to issuance of operating permit. The department may not 

issue a proposed Part 70 operating permit as a final permit for a Part 70 source if EPA objects to its 
issuance within 45 days after receipt of the proposed Part 70 operating permit pursuant to 

§ 74:36:05:20.03. If there is no EPA objection, the department shall issue the proposed Part 70 

operating permit as a final permit.

Source: 19 SDR 157, effective April 22, 1993; 20 SDR 125, amended February 9, 1994, and 

effective date changed to November 15, 1994; 21 SDR 119, amended January 5, 1995, and 

effective date changed to March 15, 1995.

General Authority: SDCL 34A-1-6, 34A-1-21.

Law Implemented: SDCL 34A-1-21.

Cross-Reference: EPA objection procedure, 40 C.F.R. § 70.8(c).

74:36:05:21.01. Department response to EPA objection. The department shall respond 

within 90 days to the EPA objection. The department may either revise the proposed Part 70 

operating permit or justify its position on the proposed Part 70 operating permit to EPA. If the 

department decides to revise the proposed Part 70 operating permit, it shall follow the procedural 

requirements for an initial Part 70 operating permit, administrative permit amendment, minor 

permit amendment, or permit modification, as applicable.

If the EPA concurs with the revised proposed Part 70 operating permit or the department's 

justification, the department shall issue a final permit and submit it to the EPA. If the EPA does 

not concur, the EPA is responsible for issuing the final permit.

Source: 20 SDR 125, adopted February 9, 1994, effective November 15, 1994; 21 SDR 119, 

amended January 5, 1995, and effective date changed to March 15, 1995; 36 SDR 207, effective 

June 28, 2010.

General Authority: SDCL 34A-1-6, 34A-1-21.

Law Implemented: SDCL 34A-1-21.

74:36:05:22. Department failure to meet EPA objection deadline. If the department fails 

to submit a revised proposed Part 70 operating permit or justification in accordance with 

§ 74:36:05:21.01 to EPA to meet the objection within 90 days after its receipt, responsibility for 

issuing or denying the final permit rests with EPA.

Source: 19 SDR 157, effective April 22, 1993; 20 SDR 125, amended February 9, 1994, and 

effective date changed to November 15, 1994; 21 SDR 119, amended January 5, 1995, and 

effective date changed to March 15, 1995.

General Authority: SDCL 34A-1-6, 34A-1-21.

Law Implemented: SDCL 34A-1-21.

74:36:05:23. Public petition to EPA on the final permit. When a proposed Part 70 

operating permit is issued as a final permit by the EPA or the department, a person may petition the 

EPA in writing within 60 days after expiration of EPA's review period specified in 

§§ 74:36:05:20.03 to 74:36:05:22, inclusive, to object to the issuance of a final permit. The 

petition may be based only on objections to the permit that were raised with reasonable specificity 

during the public comment period, unless the petitioner demonstrates that it was impracticable to 

raise such objections within the public comment period or unless the grounds for the objection 

arose after the public comment period. If EPA objects to the issuance of the final permit as a result 
of a petition, the department shall respond to EPA's objection. Upon resolution of EPA's objection, 

the permit shall remain the same or may be modified, terminated, or revoked by the department or 

EPA.

Source: 19 SDR 157, effective April 22, 1993; 20 SDR 125, amended February 9, 1994, and 

effective date changed to November 15, 1994; 21 SDR 119, amended January 5, 1995, and 

effective date changed to March 15, 1995.

General Authority: SDCL 34A-1-6, 34A-1-21.

Law Implemented: SDCL 34A-1-21.

74:36:05:24. Affected state and EPA review required. Repealed.

Source: 19 SDR 157, effective April 22, 1993; repealed, 20 SDR 125, effective February 9, 

1994.

74:36:05:25. Transferred to § 74:36:05:20.01.

74:36:05:26. Transferred to § 74:36:05:20.02.

74:36:05:27. Transferred to § 74:36:05:16.01.

74:36:05:28. Permit expiration. Permit expiration terminates the source's right to operate

under the Part 70 operating permit unless a timely and complete renewal application has been 

submitted to the department.

Source: 19 SDR 157, effective April 22, 1993; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6, 34A-1-21.

Law Implemented: SDCL 34A-1-21.

Cross-Reference: Timely and complete application for operating permit required, 

§ 74:36:05:08.

74:36:05:29. Permit renewal. Permits to be renewed are subject to the same procedural 

requirements in §§ 74:36:05:08 to 74:36:05:23, inclusive, as the original Part 70 operating permit 

issuance.

Source: 19 SDR 157, effective April 22, 1993; 20 SDR 125, effective February 9, 1994; 31 

SDR 101, effective January 2, 2005.

General Authority: SDCL 34A-1-6, 34A-1-21.

Law Implemented: SDCL 34A-1-21.

74:36:05:30. Permit flexibility. An operating permit issued to a Part 70 source must allow 

the source to make the changes listed below without requiring a permit revision before the source 

makes those changes if the change is not a modification under any provision of Title I of the Clean 

Air Act and the change does not exceed the emissions allowable under the permit. The source must 

provide the department written notification as required in this section at least seven days in 

advance of the proposed changes. The source and the department shall attach each such notice to 

its copy of the relevant permit.
Permitted sources may make changes that do not violate any applicable requirements or 

contravene federally enforceable permit terms and conditions, such as monitoring, including test 

methods, recordkeeping, reporting; or compliance certification requirements. For each such 

change, the written notice must include a brief description of the change within the permitted 

facility, the date on which the change will occur, any change in emissions, and any permit term or 

condition that is no longer applicable as a result of the change

If a permit applicant requests it, the department must issue permits that contain terms and 

conditions, including all requirements under § 74:36:05:16.01, allowing for the trading of increases 

and decreases in the permitted facility solely for the purpose of complying with a federally 

enforceable emissions cap that is established in the permit independent of otherwise applicable 

requirements. The permit applicant must include in its permit application the proposed replicable 

procedures and permit terms that ensure that the emission trades are quantifiable and enforceable. 

Any emission units for which emissions are not quantifiable or for which there are no replicable 

procedures to enforce the emission trades shall not be permitted for trading of emissions. The 

written notice must include, at a minimum, when the proposed change will occur, a description of 

each such change, any change in emissions, and how these increases and decreases in emissions 

will comply with the terms and conditions of the permit.

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 36 

SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6, 34A-1-21.

Law Implemented: SDCL 34A-1-12, 34A-1-21.

74:36:05:31. Permit amendment -- Application required. An amendment to a permit can 

be applied for at any time by the submittal of an application. The application must specify whether

the requested permit revision is an administrative permit amendment, a minor permit amendment, 

or a permit modification. The application shall contain the necessary information required for an 

administrative permit amendment, minor permit amendment, or permit modification.

Source: 19 SDR 157, effective April 22, 1993; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6, 34A-1-21.

Law Implemented: SDCL 34A-1-21.

74:36:05:32. Administrative permit amendment required. An administrative permit 

amendment may be issued for a revision to a permit meeting the requirements of § 74:36:01:03. An

application for an administrative permit amendment shall contain a description of the change and 

documentation supporting the applicant's claim the revision qualifies as an administrative permit 

amendment.

Source: 19 SDR 157, effective April 22, 1993; 23 SDR 106, effective December 29, 1996; 

36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6, 34A-1-21.

Law Implemented: SDCL 34A-1-21.

74:36:05:33. Procedure for administrative permit amendments. An administrative 

permit amendment shall be made by the department without being subject to advance notice or the 
procedural requirements applicable to a permit modification. The department shall take no more 

than 60 days from receipt of an application for an administrative permit amendment to take final 

action on the application. The department may make such changes without providing notice to the 

public or affected states if it designates any such permit revisions as being made pursuant to this 

section. The department shall submit a copy of the revised permit to EPA. The source may 

implement the changes addressed in the application for an administrative amendment immediately 

upon submitting the application.

Source: 19 SDR 157, effective April 22, 1993.

General Authority: SDCL 34A-1-6, 34A-1-21.

Law Implemented: SDCL 34A-1-21.

74:36:05:34. Minor permit amendment required. A Part 70 source may request a minor 

permit amendment under §§ 74:36:05:35 to 74:36:05:38, inclusive, for a change that does not 

constitute a modification and is not prohibited under any applicable requirement under Title I of 

the Clean Air Act.

Source: 19 SDR 157, effective April 22, 1993; 25 SDR 123, effective April 4, 1999.

General Authority: SDCL 34A-1-6, 34A-1-21.

Law Implemented: SDCL 34A-1-12, 34A-1-21.

74:36:05:35. Requirements for minor permit amendments. A minor permit amendment 

is an amendment to an existing permit and is issued by the secretary. A minor permit amendment 

may be issued by the secretary if the proposed revision meets the following requirements:

(1) It does not violate any applicable requirement;

(2) It does not involve significant changes to existing monitoring, reporting, or record 

keeping requirements in the permit;

(3) It does not require or change a case-by-case determination of an emission limit or other 

standard, a source-specific determination for temporary sources of ambient impacts, or a visibility 

or increment analysis;

(4) It does not seek to establish or change a permit term or condition for which there is no 

corresponding underlying applicable requirement that the source has assumed to avoid an 

applicable requirement, a federally enforceable emissions cap assumed to avoid classification as a 

modification under any provision of Title I, and an alternative emissions limit approved pursuant to

regulations promulgated under § 112(i)(5) of the Clean Air Act; and

(5) It does not constitute a modification under Title I of the Clean Air Act.

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995.

General Authority: SDCL 34A-1-6, 34A-1-21.

Law Implemented: SDCL 34A-1-21.

74:36:05:36. Application for minor permit amendment. An application for a minor 

permit amendment shall include the following:
(1) A description of the proposed change, the resulting change in emissions, and any new 

applicable requirements;

(2) The source's suggested draft permit;

(3) Certification by a responsible official that the proposed revision meets the applicable 

requirements of a minor permit amendment; and

(4) Completed forms for notifying EPA and any affected states.

Source: 19 SDR 157, effective April 22, 1993.

General Authority: SDCL 34A-1-6, 34A-1-21.

Law Implemented: SDCL 34A-1-21.

74:36:05:37. Notification of EPA and affected states required. The department shall 

notify EPA and any affected states within five working days after receipt of a complete minor 

permit amendment application.

Source: 19 SDR 157, effective April 22, 1993.

General Authority: SDCL 34A-1-6, 34A-1-21.

Law Implemented: SDCL 34A-1-21.

74:36:05:38. Department deadline to approve minor permit amendment. The 

department shall take the following final action on a proposed minor permit amendment within 90 

days after receipt of a complete application for a minor permit amendment or 15 days after the end 

of EPA's 45-day review period, whichever is later:

(1) Issue the minor permit amendment as proposed;

(2) Deny the minor permit amendment application;

(3) Determine that the requested minor permit amendment should be processed as a permit 

modification; or

(4) Revise the proposed minor permit amendment and transmit the revised amendment to 

EPA.

The department is not required to public notice a minor permit amendment; but the final 

permit decision for a minor permit amendment must be submitted to EPA for a 45-day review. The 

department may not issue a final permit for a minor permit amendment until after EPA's 45-day 

review or until EPA has notified the department that EPA will not object to the issuance of the 

minor permit amendment. The source may implement a proposed revision that is considered a 

minor permit amendment seven days after submitting a complete application.

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 36 

SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6, 34A-1-21.

Law Implemented: SDCL 34A-1-21.

74:36:05:39. Permit modifications. Permit modifications are subject to the same 

procedural requirements in §§ 74:36:05:08 to 74:36:05:23, inclusive, as the original permit 

issuance, except that the required review covers only the proposed changes rather than the 

unchanged activities of the permittee.
Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995.

General Authority: SDCL 34A-1-6, 34A-1-21.

Law Implemented: SDCL 34A-1-21.

74:36:05:40. Reopening operating permit for cause. The department may reopen and 

revise an operating permit for the following reasons:

(1) Additional requirements of the Clean Air Act become applicable to a major source 

subject to a Part 70 operating permit and for which three years or more remain on the term of the 

permit. Such reopenings or revisions shall be made not more than 18 months after the 

promulgation of the relevant standard or regulations. Such reopenings or revisions are not required 

if the effective date of the requirement is later than the date on which the permit is due to expire;

(2) Additional requirements become applicable to an affected source under Title IV of the 

Clean Air Act;

(3) There is a determination by the department or EPA that the permit contains inaccurate 

statements or material mistakes in establishing the emission standard limitations on other 

requirements of the permit; or

(4) The department or EPA determines that the permit must be revised or revoked to assure 

compliance with the applicable requirements of the Clean Air Act or this article.

Source: 19 SDR 157, effective April 22, 1993; 25 SDR 123, effective April 4, 1999; 31 

SDR 101, effective January 2, 2005.

General Authority: SDCL 34A-1-6, 34A-1-21.

Law Implemented: SDCL 34A-1-21.

74:36:05:41. Procedures to reopen permit. Reopening a permit shall follow the procedural 

requirements to issue an initial permit and shall affect only those parts of the permit for which 

cause to reopen exists. The department shall follow the procedural requirements for initial permit 

issuance and shall notify the source at least 30 days before reopening a permit issued to the source. 

The department may provide a shorter notice in an emergency.

Source: 19 SDR 157, effective April 22, 1993; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6, 34A-1-21.

Law Implemented: SDCL 34A-1-21.

74:36:05:42. Reopening permit for cause by EPA. Within 90 days after EPA notifies the 

department and permittee that cause exists to terminate, revise, or revoke and reissue a permit, the 

department shall submit to EPA a proposed determination of termination, revision, or revocation 

and reissuance.

Source: 19 SDR 157, effective April 22, 1993; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6, 34A-1-21.

Law Implemented: SDCL 34A-1-21.
74:36:05:43. EPA review of proposed determination. After EPA review of the proposed 

determination, the department has 90 days from receipt of an EPA objection to resolve the 

rejection.

Source: 19 SDR 157, effective April 22, 1993.

General Authority: SDCL 34A-1-6, 34A-1-21.

Law Implemented: SDCL 34A-1-21.

74:36:05:44. Department failure to submit proposed determination. Department failure 

to submit a proposed determination within the 90-day period in § 74:36:05:42 or failure to resolve 

the objection in § 74:36:05:43 will result in termination, revision, or revocation and reissuance of 

the permit by EPA after the permittee receives 30 days written notice from the EPA of the reasons 

for the action and the permittee has an opportunity for comment and hearing by EPA on the 

proposed action.

Source: 19 SDR 157, effective April 22, 1993; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6, 34A-1-21.

Law Implemented: SDCL 34A-1-21.

74:36:05:45. EPA's decision final action. Repealed.

Source: 19 SDR 157, effective April 22, 1993; repealed, 21 SDR 119, effective January 5, 

1995.

74:36:05:46. Permit termination, modification, revocation, and reissuance by 

department. The department may terminate, revise, or revoke permits for violations of the Clean 

Air Act or this article or for nonpayment of a fee. Invalidation of the acid rain portion of an 

operating permit does not affect the continuing validity of the rest of the operating permit, nor does 

invalidation of any other portion of the operating permit affect the continuing validity of the acid 

rain portion of the permit.

Source: 19 SDR 157, effective April 22, 1993; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6, 34A-1-21.

Law Implemented: SDCL 34A-1-21.

74:36:05:47. Notice of operating noncompliance -- Contents. If the department 

determines that the operation of a source is not in compliance with the rules, statutory 

requirements, or permit conditions, the department may issue a notice of such findings to the 

permit holder or operator of the source. The notice must contain citations to the rules, statutes, or 

permit conditions violated, reference to this section, and the alleged facts upon which the 

determination is based. The secretary, with the concurrence of the alleged violator, may settle an 

issue of noncompliance by specifying a compliance agreement, which may include a penalty under 

SDCL 34A-1-39 and the date for final compliance of the source. If a compliance agreement can not 

be negotiated, the department may petition the chairman of the board for a contested case hearing 

or may file a civil penalty or injunctive action in circuit court.

Source: 2 SDR 40, effective December 7, 1975; transferred from § 34:10:01:39, 7 SDR 4, 

effective July 27, 1980; transferred from § 44:10:01:47, effective July 1, 1981; 10 SDR 68, 
effective January 5, 1984; 13 SDR 129, 13 SDR 141, effective July 1, 1987; transferred from 

§ 74:26:01:47, 19 SDR 157, effective April 22, 1993.

General Authority: SDCL 34A-1-6, 34A-1-21.

Law Implemented: SDCL 1-26-20, 34A-1-39, 34A-1-53.

74:36:05:47.01. Circumvention of emissions not allowed. A person may not install or 

cause the installation or use of a device or a means which conceals or dilutes an emission of air 

pollutants that would otherwise violate this article or the Clean Air Act. This includes operating a 

source, unit, or control device which emits pollutants into the ambient air from an opening other 

than the stack, vent, or equivalent opening from which they were designed to be emitted.

Source: 21 SDR 119, effective January 5, 1995.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:05:48. Petition for contested case on alleged violation. In accordance with 

§ 74:36:05:47, the department may file a petition containing the information required in article 

74:09 to request an order directing corrective action, that an enforcement hearing be scheduled 

pursuant to the provisions of article 74:09, or that the permit be suspended or revoked for 

noncompliance.

Source: 2 SDR 40, effective December 7, 1975; transferred from § 34:10:01:40, 7 SDR 4, 

effective July 27, 1980; transferred from § 44:10:01:48, effective July 1, 1981; 13 SDR 129, 13 

SDR 141, effective July 1, 1987; 14 SDR 50, effective October 4, 1987; transferred from 

§ 74:26:01:48, 19 SDR 157, effective April 22, 1993.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-47, 34A-1-49.

74:36:05:49. Stack performance tests required. Repealed.

Source: 19 SDR 157, effective April 22, 1993; repealed, 23 SDR 106, effective December 

29, 1996.

74:36:05:50. Federal enforceability of permit conditions. All terms and conditions of a 

Part 70 operating permit issued pursuant to this article, including any provisions designed to limit a 

source's potential to emit, are federally enforceable, except those conditions imposed by the 

department that are not required under the Clean Air Act. The conditions imposed by the 

department that are not required under the Clean Air Act must be specifically designated as not 

being federally enforceable.

Source: 20 SDR 125, effective February 9, 1994; 21 SDR 119, effective January 5, 1995.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6.

74:36:05:51. General permits. The secretary may issue a general permit to a category of air 

pollution sources that meets the following:

(1) Involve the same or substantially similar types of operations;
(2) Require the same or similar type of air emission limits; and

(3) Require the same or similar record keeping and monitoring.

If a general permit has been issued by the secretary, all sources covered by the general permit 

shall apply for permission to operate under the general permit. Such sources may not be 

constructed or operate until they are granted coverage under the general permit, or until they obtain 

an individual permit if required by the secretary.

Source: 30 SDR 26, effective September 1, 2003; 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-21.

Law Implemented: SDCL 34A-1-56.

Note: The procedural requirements for obtaining a general permit under this chapter are 

similar to the procedural requirements for a Part 70 source, such as a timely and complete 

application, completeness review, public participation, and departmental recommendation, as 

outlined in §§ 74:36:05:08 to 74:36:05:23, inclusive.

74:36:05:52. Secretary may require an individual permit. The secretary may require any 

source applying for a general permit or operating under a general permit to apply for and obtain an 

individual air quality permit. Individual air quality permits may be required at the discretion of the 

secretary, including under the following circumstances;

(1) The owner or operator is not in compliance with the conditions of its existing individual 

air permit prior to applying for the general permit; or

(2) The owner or operator is not in compliance with the conditions of the general permit.

Source: 30 SDR 26, effective September 1, 2003.

General Authority: SDCL 34A-1-21.

Law Implemented: SDCL 34A-1-56.

CHAPTER 74:36:06

REGULATED AIR POLLUTANT EMISSIONS

Section

74:36:06:01 Applicability.

74:36:06:02 Allowable emissions for fuel-burning units.

74:36:06:03 Allowable emissions for process industry units.

74:36:06:04 Particulate emission restrictions for incinerators and waste wood burners.

74:36:06:05 Most stringent interpretation applicable.

74:36:06:06 Stack performance test.

74:36:06:07 Open burning practices prohibited.
74:36:06:01. Applicability. Any unit required to be permitted under this article must 

comply with the standards and requirements in this chapter except as otherwise specified in chapter 

74:36:07, 74:36:08, 74:36:09, 74:36:10, or 74:36:16.

Source: SL 1975, ch 16, § 1; transferred from § 34:10:07:01, 7 SDR 4, effective July 27, 

1980; transferred from § 44:10:07:01, effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective 

July 1, 1987; transferred from § 74:26:07:01, 19 SDR 157, effective April 22, 1993; 21 SDR 119, 

effective January 5, 1995.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6.

74:36:06:02. Allowable emissions for fuel-burning units. An owner or operator of a fuelburning unit may not cause or permit emissions of the following regulated air pollutants from the 

combustion of solid, gaseous, or liquid fuels that exceed the following allowable emissions limits 

that apply to the fuel-burning unit:

(1) Particulate matter:

(a) A fuel-burning unit with heat input values less than 10 million Btus per hour may not 

exceed .6 pounds of particulate matter per million Btus of heat input; and

(b) A fuel-burning unit with a heat input equal to or greater than 10 million Btus per hour 

may not exceed the particulate emissions rate determined by the following equation:

E = 0.811H-0.131, where

E = the allowable particulate emissions rate in pounds per million Btus of heat input 

and

H = heat input in millions of Btus per hour;

(2) Sulfur dioxide: A fuel-burning unit may not emit sulfur dioxide emissions to the ambient 

air in an amount greater than three pounds of sulfur dioxide per million Btus of heat input to the 

unit based on a three-hour rolling average, which is the arithmetic average of three contiguous onehour periods.

Source: SL 1975, ch 16, § 1; transferred from § 34:10:07:03, 7 SDR 4, effective July 27, 

1980; transferred from § 44:10:07:03, effective July 1, 1981; 11 SDR 151, effective May 12, 1985; 

13 SDR 129, 13 SDR 141, effective July 1, 1987; 16 SDR 88, effective November 14, 1989; 17 

SDR 170, effective May 13, 1991; transferred from §§ 74:26:06:02.01 and 74:26:07:03, 19 SDR 

157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April 

4, 1999.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6.

74:36:06:03. Allowable emissions for process industry units. An owner or operator who 

operates a process industry unit may not cause or permit emissions of the following regulated air 
pollutants from any unit in excess of the amount expressed in the equation allocated to the unit 

listed in this section:

(1) Particulate matter:

(a) The allowable particulate emissions rate for process industry units with process 

weight rates up to 60,000 pounds per hour shall be determined by use of the following equation:

E = 4.10 x P0.67, and

(b) The allowable particulate emissions rate for process industry units with process 

weight rates in excess of 60,000 pounds per hour shall be determined by use of the following 

equation:

E = [55.0 x P0.11] - 40, where

E = the rate of emission in pounds per hour and

P = process weight rate in tons per hour;

(2) Sulfur dioxide: A process unit which uses combustible fuel may not emit sulfur dioxide 

emissions to the ambient air in an amount greater than three pounds of sulfur dioxide per million 

Btus of heat input to the unit based on a three-hour rolling average, which is the arithmetic average 

of three contiguous one-hour periods.

Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from 

§§ 34:10:06:08 and 34:10:07:03, 7 SDR 4, effective July 27, 1980; transferred from 

§§ 44:10:06:05 and 44:10:07:03, effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective July 

1, 1987; 16 SDR 88, effective November 14, 1989; 17 SDR 170, effective May 13, 1991; 

transferred from §§ 74:26:06:05 and 74:26:07:03, 19 SDR 157, effective April 22, 1993; 21 SDR 

119, effective January 5, 1995; 25 SDR 123, effective April 4, 1999.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6.

74:36:06:04. Particulate emission restrictions for incinerators and waste wood burners.

An owner or operator may not cause or permit an incinerator or wood waste burner to emit a 

regulated air pollutant of a density greater than that designated as 20 percent opacity. No other 

emission limits apply to these sources except those in chapters 74:36:07 and 74:36:08.

Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from 

§ 34:10:06:01, 7 SDR 4, effective July 27, 1980; transferred from § 44:10:06:01, effective July 1, 

1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 16 SDR 88, effective November 14, 1989; 

17 SDR 170, effective May 13, 1991; transferred from § 74:26:06:01, 19 SDR 157, effective April

22, 1993; 31 SDR 101, effective January 2, 2005.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6.
74:36:06:05. Most stringent interpretation applicable. If the nature of any unit or the 

design of any equipment permits more than one interpretation of the limits of this chapter, the 

interpretation that results in the most stringent value for the allowable emissions shall apply.

Source: SL 1975, ch 16, §1; 2 SDR 40, effective December 7, 1975; transferred from 

§ 34:10:06:10, 7 SDR 4, effective July 27, 1980; transferred from § 44:10:06:07, effective July 1, 

1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 17 SDR 170, effective May 13, 1991; 

transferred from § 74:26:06:07, 19 SDR 157, effective April 22, 1993.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6.

74:36:06:06. Stack performance test. A unit subject to this chapter must follow the 

requirements in chapter 74:36:11 for stack performance tests. A stack performance test is required 

under the following conditions:

(1) A new unit or modification of an existing source with the potential to emit any of the 

regulated pollutants greater than 100 tons per year shall conduct a stack performance test to 

determine compliance with the applicable standard;

(2) A unit that emits any regulated pollutants may be required to conduct a stack 

performance test to determine compliance with all applicable emission standards upon renewal of a 

permit to operate or at the discretion of the secretary.

Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from 

§ 34:10:05:02, 7 SDR 4, effective July 27, 1980; transferred from § 44:10:05:02, effective July 1, 

1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; transferred from § 74:26:05:02, 19 SDR 

157, effective April 22, 1993; 31 SDR 101, effective January 2, 2005.

General Authority: SDCL 34A-1-6, 34A-1-12.

Law Implemented: SDCL 34A-1-12.

74:36:06:07. Open burning practices prohibited. The following open burning practices 

are prohibited:

(1) A person may not burn waste oils, rubber, waste tires, tarpaper, or asphalt shingles. For 

the purposes of this subdivision, waste oil means any oil that has been refined from crude oil, used, 

or contaminated by physical or chemical impurities. An exception for crude oil is allowed as a 

remediation alternative for soils contaminated with crude oil if a person submits the information 

requested in § 74:10:05:11.04 and the secretary approves the alternative remediation process;

(2) A municipality or county governmental agency may not burn municipal solid waste 

unless exempted by the small town exemption in accordance with § 74:27:12:25;

(3) A person may not conduct or permit the operation of a salvage operation by open 

burning, except as allowed in article 74:27; and

(4) A person may not burn railroad ties or wood treated with inorganic arsenicals, 

pentacholorophenol, or creosols.
Open burning of any other material must be conducted in accordance with all applicable 

local ordinances and state laws and rules.

Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from 

§§ 34:10:04:02 and 34:10:04:08, 7 SDR 4, effective July 27, 1980; transferred from 

§§ 44:10:04:02 and 44:10:04:08, effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective July 

1, 1987; 17 SDR 170, effective May 13, 1991; transferred from §§ 74:26:04:02 and 74:26:04:08, 

19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; transferred from 

§ 74:36:15:01, 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999.

General Authority: SDCL 34A-1-6, 34A-1-18.

Law Implemented: SDCL 34A-1-18.

Cross-References: Promulgation of rules -- Factors for consideration -- Scope -- Open 

burning, SDCL 34A-6-1.6; Open burning restrictions, § 74:27:13:11.

CHAPTER 74:36:07

NEW SOURCE PERFORMANCE STANDARDS

Section

74:36:07:01 New source performance standards.

74:36:07:02 Standards of performance for fossil fuel-fired steam generators.

74:36:07:03 Standards of performance for electric utility steam generators.

74:36:07:04 Standards of performance for industrial, commercial, and institutional steam 

generating units.

74:36:07:05 Standards of performance for small industrial, commercial, and institutional steam 

generating units.

74:36:07:06 Standards of performance for incinerators.

74:36:07:06.01 Standards of performance for hospital/medical/infectious waste incinerators 

constructed on or before June 20, 1996.

74:36:07:06.02 Standards of performance for hospital/medical/infectious waste incinerators for 

which construction is commenced after June 20, 1996.

74:36:07:07 Standards of performance for municipal waste combustors.

74:36:07:07.01 Standards of performance for municipal combustors constructed after September 

20, 1994.

74:36:07:08 Ash disposal requirements.

74:36:07:09 Standards of performance for portland cement plants.

74:36:07:10 Standards of performance for asphalt concrete plants.

74:36:07:11 Repealed.

74:36:07:12 Standards of performance for storage vessels of petroleum liquids constructed 

after June 11, 1973, and before May 19, 1978.

74:36:07:13 Standards of performance for storage vessels of petroleum liquids constructed 

after May 18, 1978, and before July 24, 1984.

74:36:07:14 Standards of performance for volatile organic liquid storage vessels (including 

petroleum liquid storage vessels) for which construction, reconstruction, or 

modification commenced after July 23, 1984.

74:36:07:15 Standards of performance for sewage treatment plants.
74:36:07:16 Standards of performance for coal preparation plants.

74:36:07:17 Standards of performance for grain elevators.

74:36:07:18 Standards of performance for stationary gas turbines.

74:36:07:19 Standards of performance for lime manufacturing plants.

74:36:07:20 Standards of performance for metallic mineral processing plants.

74:36:07:21 Standards of performance for pressure-sensitive tape and label surface coating 

operations.

74:36:07:22 Standards of performance for equipment leaks of VOC in the synthetic organic 

chemicals manufacturing industry.

74:36:07:22.01 Standards of performance for equipment leaks of VOC in the synthetic organic 

chemicals manufacturing industry for which construction, reconstruction, or 

modification commenced after November 7, 2006.

74:36:07:23 Standards of performance for bulk gasoline terminals.

74:36:07:24 Standards of performance for new residential wood heaters.

74:36:07:25 Standards of performance for petroleum dry cleaners.

74:36:07:26 Standards of performance for VOC emissions from synthetic organic chemical 

manufacturing industry (SOCMI) distillation operations.

74:36:07:27 Standards of performance for nonmetallic mineral processing plants.

74:36:07:28 Standards of performance for magnetic tape coating facilities.

74:36:07:29 Operating requirements for wire reclamation furnaces.

74:36:07:30 Monitoring requirements for wire reclamation furnaces.

74:36:07:31 Standards of performance for graphic arts industry -- Publication rotogravure 

printing.

74:36:07:32 Standards of performance for volatile organic compound emissions from synthetic 

organic chemical manufacturing industry (SOCMI) reactor processes.

74:36:07:33 Standards of performance for calciners and dryers in mineral industries.

74:36:07:34 Existing municipal solid waste landfill.

74:36:07:35 Plan submittal by existing municipal solid waste landfills.

74:36:07:36 Collection system.

74:36:07:37 Control system.

74:36:07:38 Compliance schedule for existing municipal solid waste landfills.

74:36:07:39 Existing municipal solid waste landfill operational standards for collection and 

control systems.

74:36:07:40 Existing municipal solid waste landfill compliance provisions.

74:36:07:41 Existing municipal solid waste landfill monitoring provisions.

74:36:07:42 Existing municipal solid waste landfill reporting and recordkeeping.

74:36:07:42.01 Additional reporting for existing municipal solid waste landfills.

74:36:07:43 Standards of performance for new municipal solid waste landfills.

74:36:07:44 Standards of performance for nitric acid plants.

74:36:07:45 Standards of performance for sulfuric acid plants.

74:36:07:46 Standards of performance for petroleum refineries.

74:36:07:46.01 Standards of performance for petroleum refineries for which construction, 

reconstruction, or modification commenced after May 14, 2007.

74:36:07:47 Standards of performance for secondary lead smelters.

74:36:07:48 Standards of performance for secondary brass and bronze production plants.

74:36:07:49 Standards of performance for primary emissions from basic oxygen process 

furnaces for which construction commenced after June 11, 1973.
74:36:07:50 Standards of performance for secondary emissions from basic oxygen process 

steelmaking facilities for which construction commenced after January 20, 

1983.

74:36:07:51 Standards of performance for primary copper smelter.

74:36:07:52 Standards of performance for primary zinc smelter.

74:36:07:53 Standards of performance for primary lead smelter.

74:36:07:54 Standards of performance for primary aluminum reduction plant.

74:36:07:55 Standards of performance for wet-process phosphoric acid plant.

74:36:07:56 Standards of performance for superphosphoric acid plant.

74:36:07:57 Standards of performance for diammonium phosphate plant.

74:36:07:58 Standards of performance for triple superphosphate plant.

74:36:07:59 Standards of performance for granular triple superphosphate storage facility.

74:36:07:60 Standards of performance for ferroalloy production plant.

74:36:07:61 Standards of performance for electric arc furnaces and argon-oxygen 

decarburization vessels constructed after August 17, 1983.

74:36:07:62 Standards of performance for kraft pulp mills.

74:36:07:63 Standards of performance for glass manufacturing plant.

74:36:07:64 Standards of performance for surface coating of metal furniture.

74:36:07:65 Standards of performance for lead-acid battery manufacturing plant.

74:36:07:66 Standards of performance for automobile and light duty truck surface coating 

operations.

74:36:07:67 Standards of performance for phosphate rock plants.

74:36:07:68 Standards of performance for ammonium sulfate manufacture.

74:36:07:69 Standards of performance for industrial surface coating -- Large appliances.

74:36:07:70 Standards of performance for metal coil surface coating.

74:36:07:71 Standards of performance for asphalt processing and asphalt roofing manufacture.

74:36:07:72 Standards of performance for beverage can surface coating industry.

74:36:07:73 Standards of performance for rubber tire manufacturing industry.

74:36:07:74 Standards of performance for volatile organic compound emissions from polymer 

manufacturing industry.

74:36:07:75 Standards of performance for flexible vinyl and urethane coating and printing.

74:36:07:76 Standards of performance for equipment leaks of VOC in petroleum refineries.

74:36:07:76.01 Standards of performance for equipment leaks of VOC in petroleum refineries.

74:36:07:77 Standards of performance for synthetic fiber production facility.

74:36:07:78 Standards of performance for VOC emissions from synthetic organic chemical 

manufacturing industry air oxidation unit process.

74:36:07:79 Standards of performance for equipment leaks of VOC from onshore natural gas 

processing plant.

74:36:07:80 Standards of performance for onshore natural gas processing.

74:36:07:81 Standards of performance for wool fiberglass insulation manufacturing plant.

74:36:07:82 Standards of performance for VOC emissions from petroleum refinery wastewater 

system.

74:36:07:83 Standards of performance for industrial surface coating -- Surface coating of 

plastic parts for business machines.

74:36:07:84 Standards of performance for polymeric coating of supporting substrates facility.

74:36:07:85 Standards of performance for small municipal waste combustion units for which 

construction commenced after August 30, 1999, or modification or 

reconstruction commenced after June 6, 2001.
74:36:07:86 Standards of performance for commercial and industrial solid waste incineration 

units for which construction commenced after November 30, 1999, or 

modification or reconstruction commenced on or after June 1, 2001.

74:36:07:87 Standards of performance for other solid waste incineration units for which 

construction commenced after December 9, 2004, or modification or 

reconstruction commenced on or after June 16, 2006.

74:36:07:88 Standards of performance for stationary compression ignition internal combustion 

engines.

74:36:07:89 Standards of performance for stationary combustion turbines.

74:36:07:90 Standards of performance for stationary spark ignition internal combustion 

engines.

74:36:07:91 Standards of performance for nitric acid plants for which construction, 

reconstruction, or modification commenced after October 14, 2011.

74:36:07:92 Standards of performance for new sewage sludge incineration units.

74:36:07:01. New source performance standards. The general provisions for new source 

performance standards are those in 40 C.F.R. §§ 60.1 to 60.19, inclusive, (July 1, 2012). For the 

purposes of this chapter, "administrator" means the secretary, except for those authorities that

cannot be delegated to the state, in which case "administrator" means both the administrator of the 

Environmental Protection Agency and the secretary.

Source: 14 SDR 72, effective November 24, 1987; 16 SDR 88, effective November 14, 

1989; 17 SDR 170, effective May 13, 1991; transferred from § 74:26:08:43, 19 SDR 157, effective 

April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 

1996; 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 

101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 

13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:02. Standards of performance for fossil fuel-fired steam generators. The 

standards of performance for fossil fuel-fired steam generators are those in 40 C.F.R. §§ 60.40 to 

60.46, inclusive, (July 1, 2012).

Source: 14 SDR 72, effective November 24, 1987; 17 SDR 170, effective May 13, 1991; 

transferred from § 74:26:09:07, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective 

January 5, 1995; 23 SDR 106, effective December 29, 1996; 26 SDR 168, effective June 27, 2000; 

30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, 

effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 

2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:03. Standards of performance for electric utility steam generators. The 

standards of performance for electric utility steam generators are those in 40 C.F.R. § 60, Subpart

Da (July 1, 2012).
Source: 14 SDR 72, effective November 24, 1987; 17 SDR 170, effective May 13, 1991; 

transferred from § 74:26:10:15, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective 

January 5, 1995; 23 SDR 106, effective December 29, 1996; 26 SDR 168, effective June 27, 2000; 

30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, 

effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 

2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:04. Standards of performance for industrial, commercial, and institutional 

steam generating units. The standards of performance for industrial, commercial, and institutional 

steam generating units are those in 40 C.F.R. §§ 60.40b to 60.49b, inclusive, (July 1, 2012).

Source: 16 SDR 88, effective November 14, 1989; 17 SDR 170, effective May 13, 1991; 

transferred from § 74:26:24:01, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective 

January 5, 1995; 23 SDR 106, effective December 29, 1996; 26 SDR 168, effective June 27, 2000; 

30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, 

effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 

2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:05. Standards of performance for small industrial, commercial, and 

institutional steam generating units. The standards of performance for small industrial, 

commercial, and institutional steam generating units are those in 40 C.F.R. §§ 60.40c to 60.48c, 

inclusive, (July 1, 2012). A source that operates a unit subject to 40 C.F.R. §§ 60.40c to 60.48c, 

inclusive, (July 1, 2012) is exempt from the obligation to obtain a Part 70 operating permit, if the 

source burns solely natural gas or propane and is not required to obtain a Part 70 operating permit 

for a reason other than the source is subject to 40 C.F.R. §§ 60.40c to 60.48c, inclusive, (July 1, 

2012). Exempted sources must still meet the applicable requirements in 40 C.F.R. §§ 60.40c to 

60.48c, inclusive, (July 1, 2012).

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 

SDR 106, effective December 29, 1996; 26 SDR 168, effective June 27, 2000; 30 SDR 26, 

effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 

13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:06. Standards of performance for incinerators. The standards of performance 

for incinerators are those in 40 C.F.R. §§ 60.50 to 60.54, inclusive, (July 1, 2012).

Source: 14 SDR 72, effective November 24, 1987; 17 SDR 170, effective May 13, 1991; 

transferred from § 74:26:11:06, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective 

January 5, 1995; 23 SDR 106, effective December 29, 1996; 30 SDR 26, effective September 1, 

2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, 
effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 

2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:06.01. Standards of performance for hospital/medical/infectious waste 

incinerators constructed on or before June 20, 1996. 40 C.F.R. Part 60, Subpart Ce (July 1, 

2012), is incorporated into this rule by reference. Designated facilities under Subpart Ce shall 

comply with the requirements for state plan approval in 40 C.F.R. §§ 60.32e to 60.38e, inclusive, 

(July 1, 2012).

The owner or operator of a hospital/medical/infectious waste incinerator constructed on or 

before June 20, 1996, that decides to cease operation shall notify the department within six months 

of EPA's approval of the state plan for hospital/medical/infectious waste incinerators. The written 

notification shall inform the department of when the unit will be shutdown. The shutdown date 

may not exceed one year after EPA's approval of the state plan for hospital/medical/infectious 

waste incinerators.

The owner or operator of a hospital/medical/infectious waste incinerator constructed on or 

before June 20, 1996, that decides to comply with the requirements of this section shall submit a 

compliance plan within six months of state plan approval that meets the following deadlines:

(1) Submit a Part 70 operating permit application and design drawings of the air pollution 

control device to the department within one year of state plan approval;

(2) Submit a copy of the purchase order or other documentation indicating an order has been 

placed for the major components of the air pollution control device within 15 months of state plan 

approval;

(3) Begin initiation of site preparation for installation of the air pollution control device 

within 2 years after state plan approval;

(4) Complete installation of the air pollution control device within 30 months after state plan 

approval; and

(5) Conduct a performance test within 33 months after state plan approval.

The owner or operator shall comply with 40 C.F.R. §§ 60.34e and 60.36e (July 1, 2012) 

within one year after state plan approval. The owner or operator shall comply with the remaining 

requirements in this section within three years after state plan approval or by September 15, 2002, 

whichever is earlier.

Source: 25 SDR 123, effective April 4, 1999; 26 SDR 168, effective June 27, 2000; 30 SDR 

26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective 

June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 

SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.
74:36:07:06.02. Standards of performance for hospital/medical/infectious waste 

incinerators for which construction is commenced after June 20, 1996. The standards of 

performance for hospital/medical/infectious waste incinerators constructed after June 20, 1996, are 

those in 40 C.F.R. §§ 60.50c to 60.58c (July 1, 2012).

Source: 25 SDR 123, effective April 4, 1999; 26 SDR 168, effective June 27, 2000; 30 SDR 

26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective 

June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 

SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:07. Standards of performance for municipal waste combustors. The standards 

of performance for municipal waste combustors are those in 40 C.F.R. §§ 60.50a to 60.59a, 

inclusive, (July 1, 2012).

Source: 17 SDR 69, effective November 22, 1990; 17 SDR 170, effective May 13, 1991; 18 

SDR 90, effective November 24, 1991; transferred from § 74:26:26:01, 19 SDR 157, effective 

April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 

1996; 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 

101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 

13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:07.01. Standards of performance for municipal combustors constructed after 

September 20, 1994. The standards of performance for municipal waste combustors constructed 

after September 20, 1994, or modified or reconstructed after June 19, 1996, are those in 40 C.F.R. 

§§ 60.50b to 60.59b, inclusive, (July 1, 2012).

Source: 23 SDR 106, effective December 29. 1996; 25 SDR 123, effective April 4, 1999; 26 

SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective 

January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 

SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:08. Ash disposal requirements. All ash generated at a municipal waste 

combustor must be disposed of in accordance with article 74:27.

Source: 17 SDR 69, effective November 22, 1990; transferred from § 74:26:26:02, 19 SDR 

157, effective April 22, 1993; 23 SDR 106, effective December 29, 1996.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.
74:36:07:09. Standards of performance for portland cement plants. The standards of 

performance for portland cement plants are those in 40 C.F.R. §§ 60.60 to 60.66, inclusive, (July 1, 

2012).

Source: 14 SDR 72, effective November 24, 1987; 17 SDR 170, effective May 13, 1991; 

transferred from § 74:26:12:06, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective 

January 5, 1995; 23 SDR 106, effective December 29, 1996; 26 SDR 168, effective June 27, 2000; 

30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, 

effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 

2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:10. Standards of performance for asphalt concrete plants. The standards of 

performance for asphalt concrete plants are those in 40 C.F.R. §§ 60.90 to 60.93, inclusive, (July 1, 

2012).

Source: 14 SDR 72, effective November 24, 1987; 17 SDR 170, effective May 13, 1991; 

transferred from § 74:26:13:05, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective 

January 5, 1995; 23 SDR 106, effective December 29, 1996; 30 SDR 26, effective September 1, 

2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, 

effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 

2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:11. Additional permit requirements for asphalt plants. Repealed.

Source: 7SDR 4, effective July 27, 1980; transferred from § 44:10:01:29, effective July 1, 

1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; transferred from § 74:26:01:29, 19 SDR 

157, effective April 22, 1993; repealed, 25 SDR 123, effective April 4, 1999.

74:36:07:12. Standards of performance for storage vessels of petroleum liquids 

constructed after June 11, 1973, and before May 19, 1978. The standards of performance for 

storage vessels of petroleum liquids constructed after June 11, 1973, and before May 19, 1978, are 

those in 40 C.F.R. §§ 60.110 to 60.113, inclusive, (July 1, 2012). A source that operates a unit 

subject to 40 C.F.R. §§ 60.110 to 60.113, inclusive, (July 1, 2012) is exempt from the obligation to 

obtain a Part 70 operating permit if the unit is not required to install controls and if the source is 

not required to obtain a Part 70 operating permit for a reason other than the source is subject to 40 

C.F.R. §§ 60.110 to 60.113, inclusive, (July 1, 2012). Exempted sources must still meet the 

applicable requirements in 40 C.F.R. §§ 60.110 to 60.113, inclusive, (July 1, 2012).

Source: 14 SDR 72, effective November 24, 1987; 17 SDR 170, effective May 13, 1991; 

transferred from § 74:26:14:05, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective 

January 5, 1995; 23 SDR 106, effective December 29, 1996; 30 SDR 26, effective September 1, 

2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, 

effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 

2013.
General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:13. Standards of performance for storage vessels of petroleum liquids 

constructed after May 18, 1978, and before July 24, 1984. The standards of performance for 

storage vessels of petroleum liquids constructed after May 18, 1978, and before July 24, 1984, are 

those in 40 C.F.R. §§ 60.110a to 60.115a, inclusive, (July 1, 2012). A source that operates a unit 

subject to 40 C.F.R. §§ 60.110a to 60.115a, inclusive, (July 1, 2012) is exempt from the obligation 

to obtain a Part 70 operating permit if the unit is not required to install controls and if the source is

not required to obtain a Part 70 operating permit for a reason other than the source is subject to 40 

C.F.R. §§ 60.110a to 60.115a, inclusive, (July 1, 2012). Exempted sources must still meet the 

applicable requirements in 40 C.F.R. §§ 60.110a to 60.115a, inclusive, (July 1, 2012).

Source: 14 SDR 72, effective November 24, 1987; 16 SDR 88, effective November 14, 

1989; 17 SDR 170, effective May 13, 1991; transferred from § 74:26:20:19, 19 SDR 157, effective 

April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 

1996; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 

209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 

2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:14. Standards of performance for volatile organic liquid storage vessels 

(including petroleum liquid storage vessels) for which construction, reconstruction, or 

modification commenced after July 23, 1984. The standards of performance for volatile organic 

liquid storage vessels (including petroleum liquid storage vessels) for which construction, 

reconstruction, or modification commenced after July 23, 1984, are those in 40 C.F.R. §§ 60.110b 

to 60.117b, inclusive, (July 1, 2012). A source that operates a unit subject to 40 C.F.R. §§ 60.110b 

to 60.117b, inclusive, (July 1, 2012) is exempt from the obligation to obtain a Part 70 operating 

permit if the unit is not required to install controls and if the source is not required to obtain a Part 

70 operating permit for a reason other than the source is subject to 40 C.F.R. §§ 60.110b to 

60.117b, inclusive, (July 1, 2012). Exempted sources must still meet the applicable requirements in 

40 C.F.R. §§ 60.110b to 60.117b, inclusive, (July 1, 2012).

Source: 16 SDR 88, effective November 14, 1989; 17 SDR 170, effective May 13, 1991; 

transferred from § 74:26:25:01, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective 

January 5, 1995; 23 SDR 106, effective December 29, 1996; 26 SDR 168, effective June 27, 2000; 

30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, 

effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 

2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:15. Standards of performance for sewage treatment plants. The standards of 

performance for sewage treatment plants are those in 40 C.F.R. §§ 60.150 to 60.156, inclusive, 

(July 1, 2012).
Source: 14 SDR 72, effective November 24, 1987; 17 SDR 170, effective May 13, 1991; 

transferred from § 74:26:15:06, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective 

January 5, 1995; 23 SDR 106, effective December 29, 1996; 30 SDR 26, effective September 1, 

2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, 

effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 

2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:16. Standards of performance for coal preparation plants. The standards of 

performance for coal preparation plants are those in 40 C.F.R. § 60, Subpart Y (July 1, 2012).

Source: 14 SDR 72, effective November 24, 1987; 17 SDR 170, effective May 13, 1991; 

transferred from § 74:26:16:06, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective 

January 5, 1995; 23 SDR 106, effective December 29, 1996; 30 SDR 26, effective September 1, 

2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, 

effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 

2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:17. Standards of performance for grain elevators. The standards of 

performance for grain elevators are those in 40 C.F.R. §§ 60.300 to 60.304, inclusive, (July 1, 

2012). A source subject to 40 C.F.R. §§ 60.300 to 60.304, inclusive, (July 1, 2012) is exempt from 

the obligation to obtain a Part 70 operating permit if the source is not required to obtain a Part 70 

operating permit for a reason other than the source is subject to 40 C.F.R. §§ 60.300 to 60.304, 

inclusive, (July 1, 2012). Exempted sources must still meet the applicable requirements in 40 

C.F.R. § 60.300 to 60.304, inclusive, (July 1, 2012).

Source: 14 SDR 72, effective November 24, 1987; 16 SDR 88, effective November 14, 

1989; 17 SDR 170, effective May 13, 1991; transferred from § 74:26:17:06, 19 SDR 157, effective 

April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 

1996; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 

209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 

2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:18. Standards of performance for stationary gas turbines. The standards of 

performance for stationary gas turbines are those in 40 C.F.R. §§ 60.330 to 60.335, inclusive, (July 

1, 2012).

Source: 14 SDR 72, effective November 24, 1987; 16 SDR 88, effective November 14, 

1989; 17 SDR 170, effective May 13, 1991; transferred from § 74:26:19:07, 19 SDR 157, effective 

April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 

1996; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 

209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 

2010; 39 SDR 219, effective June 25, 2013.
General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:19. Standards of performance for lime manufacturing plants. The standards of 

performance for lime manufacturing plants are those in 40 C.F.R. §§ 60.340 to 60.344, inclusive, 

(July 1, 2012).

Source: 14 SDR 72, effective November 24, 1987; 17 SDR 170, effective May 13, 1991; 

transferred from § 74:26:18:10, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective 

January 5, 1995; 23 SDR 106, effective December 29, 1996; 30 SDR 26, effective September 1, 

2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, 

effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 

2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:20. Standards of performance for metallic mineral processing plants. The 

standards of performance for metallic mineral processing plants are those in 40 C.F.R. §§ 60.380 

to 60.386, inclusive, (July 1, 2012).

Source: 11 SDR 151, effective May 12, 1985; 13 SDR 129, 13 SDR 141, effective July 1, 

1987; 14 SDR 72, effective November 24, 1987; 17 SDR 170, effective May 13, 1991; transferred 

from § 74:26:21:02, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 

23 SDR 106, effective December 29, 1996; 30 SDR 26, effective September 1, 2003; 31 SDR 101, 

effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 

2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:21. Standards of performance for pressure-sensitive tape and label surface 

coating operations. The standards of performance for pressure-sensitive tape and label surface 

coating operations are those in 40 C.F.R. §§ 60.440 to 60.447, inclusive, (July 1, 2012).

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 

SDR 106, effective December 29, 1996; 30 SDR 26, effective September 1, 2003; 31 SDR 101, 

effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 

2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:22. Standards of performance for equipment leaks of VOC in the synthetic 

organic chemicals manufacturing industry. The standards of performance for equipment leaks 

of VOC in the synthetic organic chemicals manufacturing industry are those in 40 C.F.R. 

§§ 60.480 to 60.489, inclusive, (July 1, 2012).

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 

SDR 106, effective December 29, 1996; 26 SDR 168, effective June 27, 2000; 30 SDR 26, 

effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 
13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:22.01. Standards of performance for equipment leaks of VOC in the synthetic 

organic chemicals manufacturing industry for which construction, reconstruction, or 

modification commenced after November 7, 2006. The standards of performance for equipment 

leaks of VOC in the synthetic organic chemicals manufacturing industry, for which construction, 

reconstruction, or modification commenced after November 7, 2006, are those in 40 C.F.R. § 60, 

Subpart VVa (July 1, 2012).

Source: 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:23. Standards of performance for bulk gasoline terminals. The standards of 

performance for bulk gasoline terminals are those in 40 C.F.R. §§ 60.500 to 60.506, inclusive, 

(July 1, 2012).

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 

SDR 106, effective December 29, 1996; 26 SDR 168, effective June 27, 2000; 30 SDR 26, 

effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 

13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:24. Standards of performance for new residential wood heaters. The standards 

of performance for new residential wood heaters are those in 40 C.F.R. §§ 60.530 to 60.539b, 

inclusive, (July 1, 2012).

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 

SDR 106, effective December 29, 1996; 26 SDR 168, effective June 27, 2000; 30 SDR 26, 

effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 

13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:25. Standards of performance for petroleum dry cleaners. The standards of 

performance for petroleum dry cleaners are those in 40 C.F.R. §§ 60.620 to 60.625, inclusive, (July 

1, 2012). A source subject to 40 C.F.R. §§ 60.620 to 60.625, inclusive, (July 1, 2012) is exempt 

from the obligation to obtain a Part 70 operating permit if the source is not required to obtain a Part 

70 operating permit for a reason other than the source is subject to 40 C.F.R. §§ 60.620 to 60.625, 

inclusive, (July 1, 2012). Exempted sources must still meet the applicable requirements in 40 

C.F.R. §§ 60.620 to 60.625, inclusive, (July 1, 2012).
Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 

SDR 106, effective December 29, 1996; 30 SDR 26, effective September 1, 2003; 31 SDR 101, 

effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 

2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:26. Standards of performance for VOC emissions from synthetic organic 

chemical manufacturing industry (SOCMI) distillation operations. The standards of 

performance for VOC emissions from synthetic organic chemical manufacturing industry (SOCMI)

distillation operations are those in 40 C.F.R. §§ 60.660 to 60.668, inclusive, (July 1, 2012).

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 

SDR 106, effective December 29, 1996; 26 SDR 168, effective June 27, 2000; 30 SDR 26, 

effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 

13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:27. Standards of performance for nonmetallic mineral processing plants. The 

standards of performance for nonmetallic mineral processing plants are those in 40 C.F.R. 

§§ 60.670 to 60.676, inclusive, (July 1, 2012).

Source: 12 SDR 183, effective May 21, 1986; 13 SDR 129, 13 SDR 141, effective July 1, 

1987; 14 SDR 72, effective November 24, 1987; 17 SDR 170, effective May 13, 1991; transferred 

from § 74:26:23:02, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 

23 SDR 106, effective December 29, 1996; 26 SDR 168, effective June 27, 2000; 30 SDR 26, 

effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 

13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:28. Standards of performance for magnetic tape coating facilities. The 

standards of performance for magnetic tape coating facilities are those in 40 C.F.R. §§ 60.710 to 

60.718, inclusive, (July 1, 2012).

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 

SDR 106, effective December 29, 1996; 26 SDR 168, effective June 27, 2000; 30 SDR 26, 

effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 

13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.
74:36:07:29. Operating requirements for wire reclamation furnaces. New wire 

reclamation furnaces shall be equipped with a secondary chamber or afterburner which provides 

for turbulent mixing and a two-second residence time at 2200 degrees Fahrenheit or greater.

New wire reclamation furnaces shall meet applicable emission standards during all phases of 

operation, and the secondary combustion chamber or combustion zone temperature shall be 

maintained at required levels until waste is completely combusted.

Source: 19 SDR 157, effective April 22, 1993.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:30. Monitoring requirements for wire reclamation furnaces. An owner or 

operator of a new regulated wire reclamation furnace shall install, calibrate, operate, and maintain 

devices which continuously monitor and record the temperature of gases leaving the secondary or 

final combustion chamber. Such devices must have an accuracy of plus or minus 25 degrees 

Fahrenheit. Flames from the burners may not impact the temperature sensors.

Source: 19 SDR 157, effective April 22, 1993.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-11.

74:36:07:31. Standards of performance for graphic arts industry -- Publication 

rotogravure printing. The standards of performance for publication rotogravure printing in the 

graphic arts industry are those in 40 C.F.R. §§ 60.430 to 60.435, inclusive, (July 1, 2012).

Source: 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 1996; 

30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, 

effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 

2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:32. Standards of performance for volatile organic compound emissions from 

synthetic organic chemical manufacturing industry (SOCMI) reactor processes. The 

standards of performance for volatile organic compound emissions from synthetic organic 

chemical manufacturing industry reactor processes are those in 40 C.F.R. § 60, Subpart RRR (July 

1, 2012).

Source: 23 SDR 106, effective December 29, 1996; 26 SDR 168, effective June 27, 2000; 

30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, 

effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 

2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.
74:36:07:33. Standards of performance for calciners and dryers in mineral industries.

The standards of performance for calciners and dryers in mineral industries are those in 40 C.F.R. 

§ 60, Subpart UUU (July 1, 2012).

Source: 23 SDR 106, effective December 29, 1996; 30 SDR 26, effective September 1, 

2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, 

effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 

2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:34. Existing municipal solid waste landfill. The owner or operator of an existing 

municipal solid waste landfill that meets the following conditions shall comply with 

§§ 74:36:07:35 to 74:36:07:42, inclusive:

(1) The landfill has accepted waste at any time since November 8, 1987, or has additional 

design capacity available for future waste deposition;

(2) The landfill has a design capacity greater than or equal to 2.5 million megagrams and 2.5 

million cubic meters. The landfill may calculate design capacity either in megagrams or cubic 

meters. Density conversions must be documented and submitted with the report; and

(3) The landfill has a nonmethane organic compound emission rate of 50 megagrams a year 

or more. The calculation of the landfill nonmethane organic compound emission rate must meet 

the requirements of 40 C.F.R. § 60.754 (July 1, 2012), to determine the landfill nonmethane 

organic compound emission rate.

Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999; 26 

SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective 

January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 

SDR 209, effective June 28, 2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:35. Plan submittal by existing municipal solid waste landfills. The owner or 

operator of an existing municipal solid waste landfill that meets the requirements of § 74:36:07:34 

shall submit a plan within one year of the first annual report showing the nonmethane organic 

compound emissions equal or exceed 50 megagrams a year. The plan must be prepared by a 

professional engineer and contain a collection and control system and a compliance schedule that 

meets § 74:36:07:38. The plan must be approved by the department in accordance with 

§§ 74:36:07:36 to 74:36:07:38, inclusive.

Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.
74:36:07:36. Collection system. The department shall approve the collection and control 

system plan if it is equivalent to or meets the conditions provided in 40 C.F.R. § 60.752(b)(2)(ii) 

(July 1, 2012), and the control requirements in § 74:36:07:37.

Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999; 26 

SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, 

effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 

2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:37. Control system. The department shall approve the control system if it is 

equivalent to or meets one of the following requirements:

(1) An open flare designed and operated in accordance with the parameters established in 40 

C.F.R. § 60.18 (July 1, 2012);

(2) A control system designed and operated to reduce nonmethane organic compounds by 98 

percent by weight; or

(3) An enclosed combustor designed and operated to either reduce nonmethane organic

compounds by 98 percent by weight or the outlet nonmethane organic compound concentration to 

20 parts per million as hexane by volume, dry basis at three percent oxygen, or less.

Source: 23 SDR 106, effective December 29, 1996; 26 SDR 168, effective June 27, 2000; 

30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, 

effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 

2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:38. Compliance schedule for existing municipal solid waste landfills. The 

owner or operator of an existing municipal solid waste landfill that meets the requirements of 

§ 74:36:07:34 must meet the following compliance dates:

(1) Award contracts within 15 months of the first annual report showing the nonmethane 

organic compound emissions equal or exceed 50 megagrams a year;

(2) Begin construction within 18 months of the first annual report showing the nonmethane 

organic compound emissions equal or exceed 50 megagrams a year;

(3) Complete construction within 30 months of the first annual report showing the 

nonmethane organic compound emissions equal or exceed 50 megagrams a year; and

(4) Demonstrate compliance with all applicable requirements within 180 days of completing 

construction.

Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999.
General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:39. Existing municipal solid waste landfill operational standards for 

collection and control systems. The owner or operator of an existing municipal solid waste 

landfill that meets the requirements of § 74:36:07:34 shall meet the operational standards for 

collection and control systems in 40 C.F.R. § 60.753 (July 1, 2012).

Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999; 26 

SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective 

January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 

SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:40. Existing municipal solid waste landfill compliance provisions. The owner 

or operator of an existing municipal solid waste landfill that meets the requirements of 

§ 74:36:07:34 shall meet the compliance provisions in 40 C.F.R. § 60.755 (July 1, 2012).

Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999; 26 

SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective 

January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 

SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:41. Existing municipal solid waste landfill monitoring provisions. The owner 

or operator of an existing municipal solid waste landfill that meets the requirements of 

§ 74:36:07:34 shall meet the monitoring provisions in 40 C.F.R. § 60.756 (July 1, 2012).

Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999; 26 

SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective 

January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 

SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:42. Existing municipal solid waste landfill reporting and recordkeeping. The 

owner or operator of an existing municipal solid waste landfill that meets the requirements of 

§ 74:36:07:34 shall meet the reporting and recordkeeping requirements specified in 40 C.F.R. 

§§ 60.757 and 60.758 (July 1, 2012).

Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999; 26 

SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective 

January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 

SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.
74:36:07:42.01. Additional reporting for existing municipal solid waste landfills. The 

owner or operator of an existing municipal solid waste landfill that meets the requirements of 

subdivisions 74:36:07:34(1) and (2) shall submit an initial nonmethane organic compound 

emission rate report within 90 days of the effective date of EPA's approval of the state's § 111(d) 

plan required in the Clean Air Act and annually or every five years thereafter in accordance with 40 

C.F.R. § 60.757(b) (July 1, 2012).

Source: 25 SDR 123, effective April 4, 1999; 26 SDR 168, effective June 27, 2000; 30 SDR 

26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective 

June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 

SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18

74:36:07:43. Standards of performance for new municipal solid waste landfills. The 

standards of performance for municipal solid waste landfills that commenced construction, 

reconstruction, or modification on or after May 29, 1991, are those in 40 C.F.R. §§ 60.751 to 

60.759, inclusive, (July 1, 2012). Physical or operational changes made to existing municipal solid 

waste landfills solely to comply with §§ 74:36:07:34 to 74:36:07:42, inclusive, or activities 

required by or conducted pursuant to a CERCLA, RCRA, or state remedial action are not 

considered construction, reconstruction, or modification for purposes of this section.

Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999; 26 

SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective 

January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 

SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:44. Standards of performance for nitric acid plants. The standards of 

performance for nitric acid plants are those in 40 C.F.R. §§ 60.70 to 60.74, inclusive, (July 1, 

2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:45. Standards of performance for sulfuric acid plants. The standards of 

performance for sulfuric acid plants are those in 40 C.F.R. §§ 60.80 to 60.85, inclusive, (July 1, 

2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.
74:36:07:46. Standards of performance for petroleum refineries. The standards of 

performance for petroleum refineries are those in 40 C.F.R. § 60, Subpart J (July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:46.01. Standards of performance for petroleum refineries for which 

construction, reconstruction, or modification commenced after May 14, 2007. The standards 

of performance for petroleum refineries for which construction, reconstruction, or modification 

commenced after May 14, 2007, are those in 40 C.F.R. § 60, Subpart Ja, (July 1, 2012).

Source: 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:47. Standards of performance for secondary lead smelters. The standards of 

performance for secondary lead smelters are those in 40 C.F.R. §§ 60.120 to 60.123, inclusive, 

(July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:48. Standards of performance for secondary brass and bronze production 

plants. The standards of performance for secondary brass and bronze production plants are those 

in 40 C.F.R. §§ 60.130 to 60.133, inclusive, (July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:49. Standards of performance for primary emissions from basic oxygen 

process furnaces for which construction commenced after June 11, 1973. The standards of 

performance for basic oxygen process furnaces are those in 40 C.F.R. §§ 60.140 to 60.144, 

inclusive, (July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:50. Standards of performance for secondary emissions from basic oxygen 

process steelmaking facilities for which construction commenced after January 20, 1983. The 
standards of performance for basic oxygen process steelmaking facilities are those in 40 C.F.R. 

§§ 60.140a to 60.145a, inclusive, (July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:51. Standards of performance for primary copper smelter. The standards of 

performance for primary copper smelters are those in 40 C.F.R. §§ 60.160 to 60.166, inclusive, 

(July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:52. Standards of performance for primary zinc smelter. The standards of 

performance for primary zinc smelters are those in 40 C.F.R. §§ 60.170 to 60.176, inclusive, (July 

1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:53. Standards of performance for primary lead smelter. The standards of 

performance for primary lead smelters are those in 40 C.F.R. §§ 60.180 to 60.186, inclusive, (July 

1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:54. Standards of performance for primary aluminum reduction plant. The 

standards of performance for primary aluminum reduction plants are those in 40 C.F.R. §§ 60.190 

to 60.195, inclusive, (July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:55. Standards of performance for wet-process phosphoric acid plant. The 

standards of performance for wet-process phosphoric acid plants are those in 40 C.F.R. §§ 60.200 

to 60.204, inclusive, (July 1, 2012).
Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:56. Standards of performance for superphosphoric acid plant. The standards 

of performance for superphosphoric acid plants are those in 40 C.F.R. §§ 60.210 to 60.214, 

inclusive, (July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:57. Standards of performance for diammonium phosphate plant. The 

standards of performance for diammonium phosphate plants are those in 40 C.F.R. §§ 60.220 to 

60.224, inclusive, (July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:58. Standards of performance for triple superphosphate plant. The standards 

of performance for triple superphosphate plants are those in 40 C.F.R. §§ 60.230 to 60.234, 

inclusive, (July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:59. Standards of performance for granular triple superphosphate storage 

facility. The standards of performance for granular triple superphosphate storage facilities are 

those in 40 C.F.R. §§ 60.240 to 60.244, inclusive, (July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:60. Standards of performance for ferroalloy production plant. The standards 

of performance for ferroalloy production plants are those in 40 C.F.R. §§ 60.260 to 60.266, 

inclusive, (July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.

74:36:07:61. Standards of performance for electric arc furnaces and argon-oxygen 

decarburization vessels constructed after August 17, 1983. The standards of performance for 

electric arc furnaces and argon-oxygen decarburization vessels are those in 40 C.F.R. §§ 60.270a to 

60.276a, inclusive, (July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:62. Standards of performance for kraft pulp mills. The standards of 

performance for kraft pulp mills are those in 40 C.F.R. §§ 60.280 to 60.285, inclusive, (July 1, 

2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:63. Standards of performance for glass manufacturing plant. The standards of 

performance for glass manufacturing plants are those in 40 C.F.R. §§ 60.290 to 60.296, inclusive, 

(July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:64. Standards of performance for surface coating of metal furniture. The 

standards of performance for surface coating of metal furniture are those in 40 C.F.R. §§ 60.310 to 

60.316, inclusive, (July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:65. Standards of performance for lead-acid battery manufacturing plant. The 

standards of performance for lead-acid battery manufacturing plants are those in 40 C.F.R. 

§§ 60.370 to 60.374, inclusive, (July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.
74:36:07:66. Standards of performance for automobile and light duty truck surface 

coating operations. The standards of performance for automobile and light duty truck surface 

coating operations are those in 40 C.F.R. §§ 60.390 to 60.398, inclusive, (July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 208, effective June 28, 2010; 39 SDR 

219, effective June 25,2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:67. Standards of performance for phosphate rock plants. The standards of 

performance for phosphate rock plants are those in 40 C.F.R. §§ 60.400 to 60.404, inclusive, (July 

1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:68. Standards of performance for ammonium sulfate manufacture. The 

standards of performance for ammonium sulfate manufacture are those in 40 C.F.R. §§ 60.420 to 

60.424, inclusive, (July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:69. Standards of performance for industrial surface coating -- Large 

appliances. The standards of performance for industrial surface coating of large appliances are 

those in 40 C.F.R. §§ 60.450 to 60.456, inclusive, (July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:70. Standards of performance for metal coil surface coating. The standards of 

performance for metal coil surface coating are those in 40 C.F.R. §§ 60.460 to 60.466, inclusive, 

(July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:71. Standards of performance for asphalt processing and asphalt roofing 

manufacture. The standards of performance for asphalt processing and asphalt roofing 

manufacture are those in 40 C.F.R. §§ 60.470 to 60.474, inclusive, (July 1, 2012).
Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:72. Standards of performance for beverage can surface coating industry. The 

standards of performance for beverage can surface coating industry are those in 40 C.F.R. 

§§ 60.490 to 60.496, inclusive, (July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:73. Standards of performance for rubber tire manufacturing industry. The 

standards of performance for rubber tire manufacturing industry are those in 40 C.F.R. §§ 60.540 

to 60.548, inclusive, (July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 1010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:74. Standards of performance for volatile organic compound emissions from 

polymer manufacturing industry. The standards of performance for polymer manufacturing 

industry are those in 40 C.F.R. §§ 60.560 to 60.566, inclusive, (July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:75. Standards of performance for flexible vinyl and urethane coating and 

printing. The standards of performance for flexible vinyl and urethane coating and printing are 

those in 40 C.F.R. §§ 60.580 to 60.585, inclusive, (July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:76. Standards of performance for equipment leaks of VOC in petroleum 

refineries. The standards of performance for equipment leaks in petroleum refineries are those in 

40 C.F.R. §§ 60.590 to 60.593, inclusive, (July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.
General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:76.01. Standards of performance for equipment leaks of VOC in petroleum 

refineries. The standards of performance for equipment leaks in petroleum refineries for which 

construction, reconstruction, or modification commenced after November 7, 2006, are those in 40 

C.F.R. § 60, Subpart GGGa, (July 1, 2012).

Source: 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:77. Standards of performance for synthetic fiber production facility. The 

standards of performance for synthetic fiber production facilities are those in 40 C.F.R. §§ 60.600 

to 60.604, inclusive, (July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:78. Standards of performance for VOC emissions from synthetic organic 

chemical manufacturing industry air oxidation unit process. The standards of performance for 

synthetic organic chemical manufacturing industry air oxidation unit processes are those in 40 

C.F.R. §§ 60.610 to 60.618, inclusive, (July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:79. Standards of performance for equipment leaks of VOC from onshore 

natural gas processing plant. The standards of performance for equipment leaks from onshore 

natural gas processing plants are those in 40 C.F.R. §§ 60.630 to 60.636, inclusive, (July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:80. Standards of performance for onshore natural gas processing. The 

standards of performance for onshore natural gas processing are those in 40 C.F.R. §§ 60.640 to 

60.648, inclusive, (July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.
74:36:07:81. Standards of performance for wool fiberglass insulation manufacturing 

plant. The standards of performance for wool fiberglass insulation manufacturing plants are those 

in 40 C.F.R. §§ 60.680 to 60.685, inclusive, (July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:82. Standards of performance for VOC emissions from petroleum refinery 

wastewater system. The standards of performance for petroleum refinery wastewater systems are 

those in 40 C.F.R. §§ 60.690 to 60.699, inclusive, (July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:83. Standards of performance for industrial surface coating -- Surface 

coating of plastic parts for business machines. The standards of performance for the surface 

coating of plastic parts for business machines are those in 40 C.F.R. §§ 60.720 to 60.726, 

inclusive, (July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:84. Standards of performance for polymeric coating of supporting substrates 

facility. The standards of performance for polymeric coating of supporting substrates facilities are 

those in 40 C.F.R. §§ 60.740 to 60.748, inclusive, (July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:85. Standards of performance for small municipal waste combustion units for 

which construction commenced after August 30, 1999, or modification or reconstruction 

commenced after June 6, 2001. The standards of performance for small municipal waste 

combustion units are those in 40 C.F.R. § 60, Subpart AAAA (July 1, 2012),

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.
74:36:07:86. Standards of performance for commercial or industrial solid waste 

incineration units for which construction commenced after November 30, 1999, or 

modification or reconstruction commenced on or after June 1, 2001. The standards of 

performance for commercial solid waste incineration units are those in 40 C.F.R. § 60, Subpart 

CCCC (July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:87. Standards of performance for other solid waste incineration units for 

which construction commenced after December 9, 2004, or modification or reconstruction 

commenced on or after June 16, 2006. The standards of performance for other solid waste 

incineration units are those in 40 C.F.R. § 60, Subpart EEEE (July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:88. Standards of performance for stationary compression ignition internal 

combustion engines. The standards of performance for stationary compression ignition internal 

combustion engines are those in 40 C.F.R. § 60, Subpart IIII (July 1, 2012). A source subject to 

Subpart IIII is exempt from the obligation to obtain a Part 70 operating permit if the source is not 

required to obtain a Part 70 operating permit for a reason other than the source is subject to Subpart 

IIII. Exempted sources must still meet the applicable requirements in Subpart IIII.

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:89. Standards of performance for stationary combustion turbines. The 

standards of performance for stationary combustion turbines are those in 40 C.F.R. §§ 60.4300 to 

60.4420, inclusive, (July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:90. Standards of performance for stationary spark ignition internal 

combustion engines. The standards of performance for stationary spark combustion engines are 

those in 40 C.F.R. § 60, Subpart JJJJ (July 1, 2012). A source subject to Subpart JJJJ is exempt 

from the obligation to obtain a Part 70 operating permit if the source is not required to obtain a Part 

70 operating permit for a reason other than the source is subject to Subpart JJJJ. Exempted sources 

must still meet the applicable requirements in Subpart JJJJ.
Source: 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:91. Standards of performance for nitric acid plants for which construction, 

reconstruction, or modification commenced after October 14, 2011. The standards of 

performance for nitric acid plants are those in 40 C.F.R. § 60, Subpart Ga (July 1, 2012).

Source: 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:07:92. Standards of performance for new sewage sludge incineration units. The 

standards of performance for new sewage sludge incineration units are those in 40 C.F.R. § 60, 

Subpart LLLL (July 1, 2012).

Source: 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

CHAPTER 74:36:08

NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS

Section

74:36:08:00 Administrator defined.

74:36:08:01 General provisions -- National emission standards for hazardous air pollutants.

74:36:08:02 Emission standards for asbestos air pollutants.

74:36:08:02.01 Emission standards for equipment leaks (fugitive emission sources) of benzene.

74:36:08:02.02 Emission standards for benzene emissions from benzene storage vessels.

74:36:08:02.03 Emission standards for benzene emissions from benzene transfer operations.

74:36:08:02.04 Emission standards for benzene waste operations.

74:36:08:03 General provisions -- National emission standards for hazardous air pollutants for 

source categories.

74:36:08:03.01 Requirements for control technology determinations for major sources in 

accordance with Clean Air Act sections 112(g) and 112(j).

74:36:08:04 National perchloroethylene air emission standards for dry cleaning facilities.

74:36:08:05 National emission standards for organic hazardous air pollutants from the 

synthetic organic chemical manufacturing industry.

74:36:08:06 National emission standards for organic hazardous air pollutants from synthetic 

organic chemical manufacturing industry process vents, storage vessels, 

transfer operations, and wastewater.

74:36:08:07 National emission standards for organic hazardous air pollutants for equipment 

leaks.

74:36:08:08 National emission standards for organic hazardous air pollutants for certain 

processes subject to negotiated regulations for equipment leaks.
74:36:08:09 National emission standards for chromium emissions from hard and decorative 

chromium electroplating and chromium anodizing tanks.

74:36:08:10 National emission standards for ethylene oxide emissions from sterilization 

facilities.

74:36:08:11 National emission standards for industrial process cooling towers.

74:36:08:12 National emission standards for gasoline distribution facilities (bulk gasoline 

terminals and pipeline breakout stations).

74:36:08:13 National emission standards for halogenated solvent cleaning.

74:36:08:14 National emission standards for wood furniture manufacturing operations.

74:36:08:15 National emission standards for aerospace manufacturing.

74:36:08:16 National emission standards for tanks.

74:36:08:17 National emission standards for containers.

74:36:08:18 National emission standards for surface impoundments.

74:36:08:19 National emission standards for individual drain systems.

74:36:08:20 National emission standards for oil-water separators and organic-water separators.

74:36:08:20.01 National emission standards for closed vent systems, control devices, recovery 

devices, and routing to a fuel gas system or a process.

74:36:08:20.02 National emission standards for equipment leaks.

74:36:08:21 National emission standards for hazardous air pollutants from the portland cement 

manufacturing industry.

74:36:08:22 National emission standards for hazardous air pollutants for pesticide active 

ingredient production.

74:36:08:23 National emission standards for the printing and publishing industry.

74:36:08:24 National emission standards for oil and natural gas production facilities.

74:36:08:25 National emission standards for natural gas transmission and storage facilities.

74:36:08:26 National emission standards for secondary aluminum production.

74:36:08:27 National emission standards for publicly owned treatment works.

74:36:08:28 National emission standards for solvent extraction for vegetable oil production.

74:36:08:29 National emission standards for paper and other web coating.

74:36:08:30 National emission standards for municipal solid waste landfills.

74:36:08:31 National emission standards for surface coating of metal furniture.

74:36:08:32 National emission standards for integrated iron and steel manufacturing facilities.

74:36:08:33 National emission standards for brick and structural clay products manufacturing.

74:36:08:34 National emission standards for asphalt processing and asphalt roofing 

manufacturing.

74:36:08:35 National emission standards for flexible polyurethane foam fabrication operations.

74:36:08:36 National emission standards for engine test cells/stands.

74:36:08:37 National emission standards for surface coating of miscellaneous metal parts and 

products.

74:36:08:38 National emission standards for reinforced plastic composites production.

74:36:08:39 National emission standards for stationary combustion turbines.

74:36:08:40 National emission standards for stationary reciprocating internal combustion 

engines.

74:36:08:41 National emission standards for industrial, commercial, and institutional boilers 

and process heaters.

74:36:08:42 National emission standards for polyvinyl chloride and copolymers production.

74:36:08:43 National emission standards for coke oven batteries.

74:36:08:44 National emission standards for pulp and paper industry.
74:36:08:45 National emission standards for group I polymers and resins.

74:36:08:46 National emission standards for epoxy resins production and non-nylon 

polyamides production.

74:36:08:47 National emission standards for secondary lead smelting.

74:36:08:48 National emission standards for phosphoric acid manufacturing plants.

74:36:08:49 National emission standards for phosphate fertilizers production plants.

74:36:08:50 National emission standards for petroleum refineries.

74:36:08:51 National emission standards for off-site waste and recovery operations.

74:36:08:52 National emission standards for magnetic tape manufacturing operations.

74:36:08:53 National emission standards for primary aluminum reduction plants.

74:36:08:54 National emission standards for chemical recovery combustion sources at kraft, 

soda, sulfite, and stand-alone semichemical pulp mills.

74:36:08:55 National emission standards for ethylene manufacturing process units -- Heat 

exchange systems and waste operations.

74:36:08:56 Generic maximum achievable control technology standards.

74:36:08:57 National emission standards for steel pickling -- HC1 process facilities and 

hydrochloric acid regeneration plants.

74:36:08:58 National emission standards for mineral wool production.

74:36:08:59 National emission standards for hazardous waste combustors.

74:36:08:60 National emission standards for pharmaceutical production.

74:36:08:61 National emission standards for group IV polymers and resins.

74:36:08:62 National emission standards for wool fiberglass production.

74:36:08:63 National emission standards for manufacture of amino/phenolic resins.

74:36:08:64 National emission standards for polyether polyols production.

74:36:08:65 National emission standards for primary copper smelting.

74:36:08:66 National emission standards for primary lead smelting.

74:36:08:67 National emission standards for petroleum refineries -- Catalytic cracking, 

catalytic reforming, and sulfur recovery units.

74:36:08:68 National emission standards for ferroalloy production -- Ferromanganese and 

silicomanganese.

74:36:08:69 National emission standards for the manufacture of nutritional yeast.

74:36:08:70 National emission standards for plywood and composite wood products.

74:36:08:71 National emission standards for non-gasoline organic liquids distribution.

74:36:08:72 National emission standards for miscellaneous organic chemical manufacturing.

74:36:08:73 National emission standards for wet-formed fiberglass mat production.

74:36:08:74 National emission standards for surface coating of automobiles and light duty 

trucks.

74:36:08:75 National emission standards for surface coating of metal cans.

74:36:08:76 National emission standards for surface coating of large appliances.

74:36:08:77 National emission standards for printing, coating, and dyeing of fabrics and other 

textiles.

74:36:08:78 National emission standards for surface coating of plastic parts and products.

74:36:08:79 National emission standards for surface coating of wood building products.

74:36:08:80 National emission standards for surface coating of metal coil.

74:36:08:81 National emission standards for leather finishing operations.

74:36:08:82 National emission standards for cellulose products manufacturing.

74:36:08:83 National emission standards for boat manufacturing.

74:36:08:84 National emission standards for rubber tire manufacturing.
74:36:08:85 National emission standards for lime manufacturing plants.

74:36:08:86 National emission standards for semiconductor manufacturing.

74:36:08:87 National emission standards for coke ovens -- Pushing, quenching, and battery 

stacks.

74:36:08:88 National emission standards for iron and steel foundries.

74:36:08:89 National emission standards for site remediation.

74:36:08:90 National emission standards for miscellaneous coating manufacturing.

74:36:08:91 National emission standards for mercury cell chlor-alkali plants.

74:36:08:92 National emission standards for clay ceramics manufacturing.

74:36:08:93 National emission standards for flexible polyurethane foam production.

74:36:08:94 National emission standards for hydrochloric acid production.

74:36:08:95 National emission standards for friction materials manufacturing facilities.

74:36:08:96 National emission standards for taconite iron ore processing.

74:36:08:97 National emission standards for refractory products manufacturing.

74:36:08:98 National emission standards for primary magnesium refining.

74:36:08:99 National emission standards for polyvinyl chloride and copolymers production 

area sources.

74:36:08:100 National emission standards for primary copper smelting area sources.

74:36:08:101 National emission standards for secondary copper smelting area sources.

74:36:08:102 National emission standards for primary nonferrous metals area sources -- Zinc, 

cadmium, and beryllium.

74:36:08:103 National emission standards for hospital ethylene oxide sterilizers.

74:36:08:104 National emission standards for electric arc furnace steelmaking facility area 

sources.

74:36:08:105 National emission standards for iron and steel foundry area sources.

74:36:08:106 National emission standards for gasoline distribution bulk terminals, bulk plants, 

and pipeline facilities.

74:36:08:107 National emission standards for gasoline dispensing facilities.

74:36:08:108 National emission standards for paint stripping and miscellaneous surface coating 

area sources.

74:36:08:109 National emission standards for acrylic and modacrylic fiber production area 

sources.

74:36:08:110 National emission standards for carbon black production area sources.

74:36:08:111 National emission standards for chemical manufacturing area sources --

Chromium compounds.

74:36:08:112 National emission standards for flexible polyurethane foam production and 

fabrication area sources.

74:36:08:113 National emission standards for lead acid battery manufacturing area sources.

74:36:08:114 National emission standards for wood preserving area sources.

74:36:08:115 National emission standards for clay ceramic manufacturing area sources.

74:36:08:116 National emission standards for glass manufacturing area sources.

74:36:08:117 National emission standards for secondary nonferrous metal processing area 

sources.

74:36:08:118 National emission standards for plating and polishing area sources.

74:36:08:119 National emission standards for nine metal fabrication and finishing area sources.

74:36:08:120 National emission standards for ferroalloys production area sources.

74:36:08:121 National emission standards for aluminum, copper, and other nonferrous foundry 

area sources.
74:36:08:122 National emission standards for coal- and oil-fired electric utility steam generating

units.

74:36:08:123 National emission standards for industrial, commercial, and institutional boilers 

area sources.

74:36:08:124 National emission standards for chemical manufacturing area sources.

74:36:08:125 National emission standards for asphalt processing and asphalt roofing 

manufacturing area sources.

74:36:08:126 National emission standards for chemical preparations industry area sources.

74:36:08:127 National emission standards for paints and allied products manufacturing area 

sources.

74:36:08:128 National emission standards for prepared feeds manufacturing area sources.

74:36:08:129 National emission standards for gold mine ore processing and production area 

sources.

74:36:08:130 National emission standards for polyvinyl chloride and copolymers production.

74:36:08:00. Administrator defined. For the purposes of this chapter, "administrator" 

means the secretary, except for those authorities which cannot be delegated to the state, in which 

case "administrator" means both the administrator of EPA and the secretary.

Source: 19 SDR 157, effective April 22, 1993; transferred from § 74:36:08:01, 21 SDR 119, 

effective January 5, 1995.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:01. General provisions -- National emission standards for hazardous air 

pollutants. The general provisions for the national emission standards for hazardous air pollutants 

are those in 40 C.F.R. § 61, Subpart A (July 1, 2012).

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 

SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999; 26 SDR 168, 

effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 

2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, 

effective June 28, 2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:02. Emission standards for asbestos air pollutants. The emission standards for 

asbestos air pollutants are those in 40 C.F.R. § 61, Subpart M (July 1, 2012).

Source: 11 SDR 151, effective May 12, 1985; 13 SDR 129, 13 SDR 141, effective July 1, 

1987; 14 SDR 72, effective November 24, 1987; 17 SDR 170, effective May 13, 1991; 18 SDR 95, 

effective December 2, 1991; transferred from § 74:26:22:02, 19 SDR 157, effective April 22, 

1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 1996; 25 SDR 

123, effective April 4, 1999; 26 SDR 168, effective July 27, 2000; 30 SDR 26, effective September

1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 

217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 

2013.
General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:02.01. Emission standards for equipment leaks (fugitive emission sources) of 

benzene. The emission standards for equipment leaks of benzene are those in 40 C.F.R. § 61

Subpart J (July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:02.02. Emission standards for benzene emissions from benzene storage 

vessels. The emission standards for benzene emissions from benzene storage vessels are those in 

40 C.F.R. § 61, Subpart Y (July 1, 2012).

Source: 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:02.03. Emission standards for benzene emissions from benzene transfer 

operations. The emission standards for benzene emissions from benzene transfer operations are 

those in 40 C.F.R. § 61, Subpart BB (July 1, 2012).

Source: 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:02.04. Emission standards for benzene waste operations. The emission 

standards for benzene waste operations equipment leaks of benzene are those in 40 C.F.R. § 61, 

Subpart FF (July 1, 2012).

Source: 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:03. General provisions -- National emission standards for hazardous air 

pollutants for source categories. The general provisions for the national emission standards for 

hazardous air pollutants for source categories are those in 40 C.F.R. § 63 Subpart A (July 1, 2012).

Source: 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 1996; 

25 SDR 123, effective April 4, 1999; 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective 

September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 

33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective 

June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.
74:36:08:03.01. Requirements for control technology determinations for major sources 

in accordance with Clean Air Act sections 112(g) and 112(j). The provisions for control 

technology determinations for major sources in accordance with Clean Air Act sections 112(g) and 

112(j) are those in 40 C.F.R. § 63, Subpart B (July 1, 2012).

Source: 25 SDR 123, effective April 4, 1999; 26 SDR 168, effective June 27, 2000; 30 SDR 

26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective 

June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 

SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:04. National perchloroethylene air emission standards for dry cleaning 

facilities. The national perchloroethylene air emission standards for dry cleaning facilities are those

in 40 C.F.R. § 63, Subpart M (July 1, 2012). A source that operates a unit subject to Subpart M is 

exempt from the obligation to obtain a Part 70 operating permit if the source is not required to 

obtain a Part 70 operating permit for a reason other than the source is subject to Subpart M. 

Exempted sources must still meet the applicable requirements in Subpart M.

Source: 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 1996; 

25 SDR 123, effective April 4, 1999; 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective 

September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 

33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective 

June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.

Cross-Reference: Complete application, § 74:36:05:09.

74:36:08:05. National emission standards for organic hazardous air pollutants from 

the synthetic organic chemical manufacturing industry. The national emission standards for 

organic hazardous air pollutants from the synthetic organic chemical manufacturing industry are 

those in 40 C.F.R. § 63, Subpart F (July 1, 2012).

Source: 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 1996; 

25 SDR 123, effective April 4, 1999; 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective 

September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 

33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective 

June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:06. National emission standards for organic hazardous air pollutants from 

synthetic organic chemical manufacturing industry process vents, storage vessels, transfer 

operations, and wastewater. The national emission standards for organic hazardous air pollutants 

from synthetic organic chemical manufacturing industry process vents, storage vessels, transfer 

operations, and wastewater are those in 40 C.F.R. § 63, Subpart G (July 1, 2012).
Source: 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 1996; 

25 SDR 123, effective April 4, 1999; 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective 

September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 

33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective 

June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:07. National emission standards for organic hazardous air pollutants for 

equipment leaks. The national emission standards for organic hazardous air pollutants for 

equipment leaks are those in 40 C.F.R. § 63, Subpart H (July 1, 2012).

Source: 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 1996; 

25 SDR 123, effective April 4, 1999; 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective 

September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 

33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective 

June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:08. National emission standards for organic hazardous air pollutants for 

certain processes subject to negotiated regulations for equipment leaks. The national emission 

standards for organic hazardous air pollutants for certain processes subject to the negotiated 

regulations for equipment leaks are those in 40 C.F.R. § 63, Subpart I (July 1, 2012).

Source: 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 1996; 

25 SDR 123, effective April 4, 1999; 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective 

September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 

33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective 

June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:09. National emission standards for chromium emissions from hard and 

decorative chromium electroplating and chromium anodizing tanks. The national emission 

standards for hard and decorative chromium electroplating and chromium anodizing tanks are 

those in 40 C.F.R. § 63, Subpart N (July 1, 2012). An area source that operates a unit subject to 

Subpart N is exempt from the obligation to obtain a Part 70 operating permit if the source is not 

required to obtain a Part 70 operating permit for a reason other than the source is subject to Subpart 

N. Exempted sources must still meet the applicable requirements in Subpart N.

Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999; 26 

SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective 

January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 

SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.
Cross-Reference: Operating permits for part 70 sources, § 74:36:05.

74:36:08:10. National emission standards for ethylene oxide emissions from 

sterilization facilities. The national emission standards for ethylene oxide from sterilization 

facilities are those in 40 C.F.R. § 63, Subpart O (July 1, 2012). A source that operates a unit 

subject to Subpart O is exempt from the obligation to obtain a Part 70 operating permit if the 

source is not required to obtain a Part 70 operating permit for a reason other than the source is 

subject to Subpart O. Exempted sources must still meet the applicable requirements in Subpart O.

Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999; 26 

SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective 

January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 

SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:11. National emission standards for industrial process cooling towers. The 

national emission standards for industrial process cooling towers are those in 40 C.F.R. § 63, 

Subpart Q (July 1, 2012). A source that operates a unit subject to Subpart Q is exempt from the 

obligations to obtain a Part 70 operating permit if the source is not required to obtain a Part 70 

operating permit for a reason other than the source is subject to Subpart Q. Exempted sources must 

still meet the applicable requirements in Subpart Q.

Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999; 26 

SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective 

January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 

SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:12. National emission standards for gasoline distribution facilities (bulk 

gasoline terminals and pipeline breakout stations). The national emission standards for gasoline 

distribution facilities (bulk gasoline terminals and pipeline breakout stations) are those in 40 

C.F.R. § 63, Subpart R (July 1, 2012).

Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999; 30 

SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, 

effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 

2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:13. National emission standards for halogenated solvent cleaning. The 

national emission standards for halogenated solvent cleaning are those in 40 C.F.R. § 63, Subpart 

T (July 1, 2012). An area source that operates a unit subject to Subpart T is exempt from the 

obligation to obtain a Part 70 operating permit if the source is not required to obtain a Part 70 

operating permit for a reason other than the source is subject to Subpart T. Exempted sources must 

still meet the applicable requirements in Subpart T.
Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999; 26 

SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective 

January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 

SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:14. National emission standards for wood furniture manufacturing 

operations. The national emission standards for wood furniture manufacturing operations are 

those in 40 C.F.R. § 63, Subpart JJ (July 1, 2012).

Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999; 26 

SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective 

January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 

SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:15. National emission standards for aerospace manufacturing. The national 

emission standards for aerospace manufacturing are those in 40 C.F.R. § 63, Subpart GG (July 1, 

2012).

Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999; 26 

SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective 

January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 

SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:16. National emission standards for tanks. The national emission standards for 

tanks -- level 1 are those in 40 C.F.R. § 63, Subpart OO (July 1, 2012). The national emission 

standards for tanks -- level 2 are those in 40 C.F.R. § 63, Subpart WW (July 1, 2012).

Source: 25 SDR 123, effective April 4, 1999; 30 SDR 26, effective September 1, 2003; 31 

SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective 

June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:17. National emission standards for containers. The national emission 

standards for containers are those in 40 C.F.R. § 63, Subpart PP (July 1, 2012).

Source: 25 SDR 123, effective April 4, 1999; 30 SDR 26, effective September 1, 2003; 31 

SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective 

June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.
74:36:08:18. National emission standards for surface impoundments. The national 

emission standards for surface impoundments are those in 40 C.F.R. § 63, Subpart QQ (July 1, 

2012).

Source: 25 SDR 123, effective April 4, 1999; 30 SDR 26, effective September 1, 2003; 31 

SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective 

June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:19. National emission standards for individual drain systems. The national 

emission standards for individual drain systems are those in 40 C.F.R. § 63, Subpart RR (July 1, 

2012).

Source: 25 SDR 123, effective April 4, 1999; 30 SDR 26, effective September 1, 2003; 31 

SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective 

June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:20. National emission standards for oil-water separators and organic-water 

separators. The national emission standards for oil-water separators and organic-water separators 

are those in 40 C.F.R. § 63, Subpart VV (July 1, 2012).

Source: 25 SDR 123, effective April 4, 1999; 30 SDR 26, effective September 1, 2003; 31 

SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective 

June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:20.01. National emission standards for closed vent systems, control devices, 

recovery devices, and routing to a fuel gas system or a process. The national emission standards 

for closed vent systems, control devices, recovery devices, and routing to a fuel gas system or a 

process are those in 40 C.F.R. § 63, Subpart SS (July 1, 2012).

Source: 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 

SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective 

June 28, 2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:20.02. National emission standards for equipment leaks. The national emission 

standards for equipment leaks -- control level 1 are those in 40 C.F.R. § 63, Subpart TT (July 1, 

2012). The national emission standards for equipment leaks -- control level 2 are those in 40 

C.F.R. § 63, Subpart UU (July 1, 2012).
Source: 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 

SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective 

June 28, 2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:21. National emission standards for hazardous air pollutants from the 

portland cement manufacturing industry. The national emission standards for the portland 

cement manufacturing industry are those in 40 C.F.R. § 63, Subpart LLL (July 1, 2012).

Source: 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 

SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective 

June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:22. National emission standards for hazardous air pollutants for pesticide 

active ingredient production. The national emission standards for pesticide active ingredient 

production are those in 40 C.F.R. § 63, Subpart MMM (July 1, 2012).

Source: 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 

SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective 

June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:23. National emission standards for the printing and publishing industry. The 

national emission standards for the printing and publishing industry are those in 40 C.F.R. § 63, 

Subpart KK (July 1, 2012).

Source: 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 

SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective 

June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:24. National emission standards for oil and natural gas production facilities.

The national emission standards for oil and natural gas production facilities are those in 40 C.F.R. 

§ 63, Subpart HH (July 1, 2012). A source that operates a unit subject to Subpart HH is exempt 

from the obligation to obtain a Part 70 operating permit if the unit is not required to install controls 

and if the source is not required to obtain a Part 70 operating permit for a reason other than the 

source is subject to Subpart HH. Exempted sources must still meet the applicable requirements in 

Subpart HH.

Source: 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 

SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective 

June 28, 2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:25. National emission standards for natural gas transmission and storage 

facilities. The national emission standards for natural gas transmission and storage facilities are 

those in 40 C.F.R. § 63, Subpart HHH (July 1, 2012).

Source: 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 

SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective 

June 28, 2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:26. National emission standards for secondary aluminum production. The

national emission standards for secondary aluminum production are those in 40 C.F.R. § 63, 

Subpart RRR (July 1, 2012).

Source: 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 

SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective 

June 28, 2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:27. National emission standards for publicly owned treatment works. The 

national emission standards for publicly owned treatment works are those in 40 C.F.R. § 63, 

Subpart VVV (July 1, 2012).

Source: 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 

SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective 

June 28, 2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:28. National emission standards for solvent extraction for vegetable oil 

production. The national emission standards for solvent extraction of vegetable oil production are 

those in 40 C.F.R. § 63, Subpart GGGG (July 1, 2012).

Source: 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 

SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective 

June 28, 2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:29. National emission standards for paper and other web coating. The 

national emission standards for paper and other web coating are those in 40 C.F.R. § 63, Subpart 

JJJJ (July 1, 2012).
Source: 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 

SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective 

June 28, 2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:30. National emission standards for municipal solid waste landfills. The 

national emission standards for municipal solid waste landfills are those in 40 C.F.R. § 63, Subpart 

AAAA (July 1, 2012).

Source: 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 

SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective 

June 28, 2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:31. National emission standards for surface coating of metal furniture. The 

national emission standards for surface coating of metal furniture are those in 40 C.F.R. § 63, 

Subpart RRRR (July 1, 2012).

Source: 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 

SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective 

June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:32. National emission standards for integrated iron and steel manufacturing 

facilities. The national emission standards for integrated iron and steel manufacturing are those in 

40 C.F.R. § 63, Subpart FFFFF (July 1, 2012).

Source: 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 

SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective 

June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:33. National emission standards for brick and structural clay products 

manufacturing. The national emission standards for brick and structural clay products 

manufacturing are those in 40 C.F.R. § 63, Subpart JJJJJ (July 1, 2012).

Source: 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 

SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective 

June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.
74:36:08:34. National emission standards for asphalt processing and asphalt roofing 

manufacturing. The national emission standards for asphalt processing and asphalt roofing 

manufacturing are those in 40 C.F.R. § 63, Subpart LLLLL (July 1, 2012).

Source: 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 

SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective 

June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:35. National emission standards for flexible polyurethane foam fabrication 

operations. The national emission standards for flexible polyurethane foam fabrication operations 

are those in 40 C.F.R. § 63, Subpart MMMMM (July 1, 2012).

Source: 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 

SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective 

June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:36. National emission standards for engine test cells/stands. The national 

emission standards for engine test cells/stands are those in 40 C.F.R. § 63, Subpart PPPPP (July 1, 

2012).

Source: 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 

SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective 

June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:37. National emission standards for surface coating of miscellaneous metal 

parts and products. The national emission standards for surface coating of miscellaneous metal 

parts and products as published in 40 C.F.R. § 63, Subpart MMMM (July 1, 2012).

Source: 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 

SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective 

June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:38. National emission standards for reinforced plastic composites production.

The national emission standards for reinforced plastic composites production are those in 40 

C.F.R. § 63, Subpart WWWW (July 1, 2012).

Source: 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 

207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.
74:36:08:39. National emission standards for stationary combustion turbines. The 

national emission standards for stationary combustion turbines are those in 40 C.F.R. § 63, Subpart 

YYYY (July 1, 2012).

Source: 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 

207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:40. National emission standards for stationary reciprocating internal 

combustion engines. The national emission standards for stationary reciprocating internal 

combustion engines are those in 40 C.F.R. § 63, Subpart ZZZZ (July 1, 2012).

Source: 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 

207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:41. National emission standards for industrial, commercial, and institutional 

boilers and process heaters. The national emission standards for industrial, commercial, and 

institutional boilers and process heaters are those in 40 C.F.R. § 63, Subpart DDDDD (July 1, 

2012).

Source: 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 

207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-19.

74:36:08:42. National emission standards for polyvinyl chloride and copolymers 

production. The national emission standards for polyvinyl chloride and copolymers production are 

those in 40 C.F.R. § 63, Subpart J (July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:43. National emission standards for coke oven batteries. The national emission 

standards for coke oven batteries are those in 40 C.F.R. § 63, Subpart L, (July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.
74:36:08:44. National emission standards for pulp and paper industry. The national 

emission standards for pulp and paper industry are those in 40 C.F.R. § 63, Subpart S, (July 1, 

2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:45. National emission standards for group I polymers and resins. The national 

emission standards for group I polymers and resins are those in 40 C.F.R. § 63, Subpart U, (July 1, 

2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:46. National emission standards for epoxy resins production and non-nylon 

polyamides production. The national emission standards for epoxy resins production and nonnylon polyamides production are those in 40 C.F.R. § 63, Subpart W, (July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:47. National emission standards for secondary lead smelting. The national 

emission standards for secondary lead smelting are those in 40 C.F.R. § 63, Subpart X (July 1, 

2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:48. National emission standards for phosphoric acid manufacturing plants.

The national emission standards for phosphoric acid manufacturing plants are those in 40 C.F.R. 

§ 63, Subpart AA (July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:49. National emission standards for phosphate fertilizers production plants.

The national emission standards for phosphate fertilizers production plants are those in 40 C.F.R. 

§ 63, Subpart BB (July 1, 2012).
Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:50. National emission standards for petroleum refineries. The national 

emission standards for petroleum refineries are those in 40 C.F.R. § 63, Subpart CC (July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:51. National emission standards for off-site waste and recovery operations.

The national emission standards for off-site waste and recovery operations are those in 40 C.F.R. 

§ 63, Subpart DD (July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:52. National emission standards for magnetic tape manufacturing operations.

The national emission standards for magnetic tape manufacturing operations are those in 40 C.F.R. 

§ 63, Subpart EE (July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:53. National emission standards for primary aluminum reduction plants. The 

national emission standards for primary aluminum reduction plants are those in 40 C.F.R. § 63, 

Subpart LL (July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:54. National emission standards for chemical recovery combustion sources at 

kraft, soda, sulfite, and stand-alone semichemical pulp mills. The national emission standards 

for chemical recovery combustion sources at kraft, soda, sulfite, and stand-alone semichemical 

pulp mills are those in 40 C.F.R. § 63, Subpart MM (July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013
General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:55. National emission standards for ethylene manufacturing process units --

Heat exchange systems and waste operations. The national emission standards for heat exchange 

systems and waste operations are those in 40 C.F.R. § 63, Subpart XX (July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:56. Generic maximum achievable control technology standards. The generic 

maximum achievable control technology standards are those in 40 C.F.R. § 63, Subpart YY (July 

1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:57. National emission standards for steel pickling -- HC1 process facilities 

and hydrochloric acid regeneration plants. The national emission standards for HC1 process 

facilities and hydrochloric acid regeneration plants are those in 40 C.F.R. § 63, Subpart CCC (July 

1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:58. National emission standards for mineral wool production. The national 

emission standards for mineral wool production are those in 40 C.F.R. § 63, Subpart DDD (July 1, 

2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:59. National emission standards for hazardous waste combusters. The national 

emission standards for hazardous waste combusters are those in 40 C.F.R. § 63, Subpart EEE (July 

1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.
74:36:08:60. National emission standards for pharmaceutical production. The national 

emission standards for pharmaceutical production are those in 40 C.F.R. § 63, Subpart GGG (July 

1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:61. National emission standards for group IV polymers and resins. The 

national emission standards for group IV polymers and resins are those in 40 C.F.R. § 63, Subpart 

JJJ (July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:62. National emission standards for wool fiberglass production. The national 

emission standards for wool fiberglass production are those in 40 C.F.R. § 63, Subpart NNN (July 

1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:63. National emission standards for manufacture of amino/phenolic resins.

The national emission standards for the manufacture of amino/phenolic resins are those in 40 

C.F.R. § 63, Subpart OOO (July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:64. National emission standards for polyether polyols production. The 

national emission standards for polyether polyols production are those in 40 C.F.R. § 63, Subpart 

PPP (July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.
74:36:08:65. National emission standards for primary copper smelting. The national 

emission standards for primary copper smelting are those in 40 C.F.R. § 63, Subpart QQQ (July 1, 

2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:66. National emission standards for primary lead smelting. The national 

emission standards for primary lead smelting are those in 40 C.F.R. § 63, Subpart TTT (July 1, 

2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:67. National emission standards for petroleum refineries -- Catalytic 

cracking, catalytic reforming, and sulfur recovery units. The national emission standards for 

catalytic cracking, catalytic reforming, and sulfur recovery units at petroleum refineries are those in 

40 C.F.R. § 63, Subpart UUU (July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:68. National emission standards for ferroalloy production -- Ferromanganese 

and silicomanganese. The national emission standards for ferromanganese and silicomanganese 

production are those in 40 C.F.R. § 63, Subpart XXX (July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:69. National emission standards for the manufacture of nutritional yeast. The 

national emission standards for the manufacture of nutritional yeast are those in 40 C.F.R. § 63, 

Subpart CCCC (July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.
74:36:08:70. National emission standards for plywood and composite wood products.

The national emission standards for plywood and composite wood products are those in 40 C.F.R. 

§ 63, Subpart DDDD (July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:71. National emission standards for non-gasoline organic liquids distribution.

The national emission standards for non-gasoline organic liquids distribution are those in 40 

C.F.R. § 63, Subpart EEEE (July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:72. National emission standards for miscellaneous organic chemical 

manufacturing. The national emission standards for miscellaneous organic chemical 

manufacturing are those in 40 C.F.R. § 63, Subpart FFFF (July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 

SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:73. National emission standards for wet-formed fiberglass mat production.

The national emission standards for wet-formed fiberglass mat production are those in 40 C.F.R. 

§ 63, Subpart HHHH (July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:74. National emission standards for surface coating of automobiles and light 

duty trucks. The national emission standards for surface coating of automobiles and light duty 

trucks are those in 40 C.F.R. § 63, Subpart IIII (July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:75. National emission standards for surface coating of metal cans. The 

national emission standards for surface coating of metal cans are those in 40 C.F.R. § 63, Subpart 

KKKK (July 1, 2012).
Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:76. National emission standards for surface coating of large appliances. The 

national emission standards for surface coating of large appliances are those in 40 C.F.R. § 63, 

Subpart NNNN (July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:77. National emission standards for printing, coating, and dyeing of fabrics 

and other textiles. The national emission standards for printing, coating, and dyeing of fabrics and 

other textiles are those in 40 C.F.R. § 63, Subpart OOOO (July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:78. National emission standards for surface coating of plastic parts and 

products. The national emission standards for surface coating of plastic parts and products are 

those in 40 C.F.R. § 63, Subpart PPPP (July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:79. National emission standards for surface coating of wood building 

products. The national emission standards for surface coating of wood building products are those 

in 40 C.F.R. § 63, Subpart QQQQ (July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:80. National emission standards for surface coating of metal coil. The national 

emission standards for surface coating of metal coil are those in 40 C.F.R. § 63, Subpart SSSS 

(July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.
General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:81. National emission standards for leather finishing operations. The national 

emission standards for leather finishing operations are those in 40 C.F.R. § 63, Subpart TTTT (July 

1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:82. National emission standards for cellulose products manufacturing. The 

national emission standards for cellulose products manufacturing are those in 40 C.F.R. § 63, 

Subpart UUUU (July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

212, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:83. National emission standards for boat manufacturing. The national

emission standards for boat manufacturing are those in 40 C.F.R. § 63, Subpart VVVV (July 1, 

2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:84. National emission standards for rubber tire manufacturing. The national 

emission standards for rubber tire manufacturing are those in 40 C.F.R. § 63, Subpart XXXX (July 

1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:85. National emission standards for lime manufacturing plants. The national 

emission standards for lime manufacturing plants are those in 40 C.F.R. § 63, Subpart AAAAA 

(July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.
74:36:08:86. National emission standards for semiconductor manufacturing. The 

national emission standards for semiconductor manufacturing are those in 40 C.F.R. § 63, Subpart 

BBBBB (July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:87. National emission standards for coke ovens -- Pushing, quenching, and 

battery stacks. The national emission standards for coke ovens are those in 40 C.F.R. § 63, 

Subpart CCCCC (July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:88. National emission standards for iron and steel foundries. The national 

emission standards for iron and steel foundries are those in 40 C.F.R. § 63, Subpart EEEEE (July 

1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:89. National emission standards for site remediation. The national emission 

standards for site remediation are those in 40 C.F.R. § 63, Subpart GGGGG (July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:90. National emission standards for miscellaneous coating manufacturing.

The national emission standards for miscellaneous coating manufacturing are those in 40 C.F.R. 

§ 63, Subpart HHHHH (July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:91. National emission standards for mercury cell chlor-alkali plants. The 

national emission standards for mercury cell chlor-alkali plants are those in 40 C.F.R. § 63, 

Subpart IIIII (July 1, 2012).
Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:92. National emission standards for clay ceramics manufacturing. The 

national emission standards for clay ceramics manufacturing are those in 40 C.F.R. § 63, Subpart 

KKKKK (July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:93. National emission standards for flexible polyurethane foam production.

The national emission standards for flexible polyurethane foam production are those in 40 C.F.R. 

§ 63, Subpart III (July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:94. National emission standards for hydrochloric acid production. The 

national emission standards for hydrochloric acid production are those in 40 C.F.R. § 63, Subpart 

NNNNN (July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:95. National emission standards for friction materials manufacturing 

facilities. The national emission standards for friction materials manufacturing facilities are those 

in 40 C.F.R. § 63, Subpart QQQQQ (July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:96. National emission standards taconite iron ore processing. The national 

emission standards for taconite iron ore processing are those in 40 C.F.R. § 63, Subpart RRRRR 

(July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.

74:36:08:97. National emission standards for refractory products manufacturing. The 

national emission standards for refractory products manufacturing are those in 40 C.F.R. § 63, 

Subpart SSSSS (July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:98. National emission standards for primary magnesium refining. The 

national emission standards for primary magnesium refining are those in 40 C.F.R. § 63, Subpart 

TTTTT (July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:99. National emission standards for polyvinyl chloride and copolymers 

production area sources. The national emission standards for polyvinyl chloride and copolymers 

production area sources are those in 40 C.F.R. § 63, Subpart DDDDDD (July 1, 2012). A source 

that operates a unit subject to Subpart DDDDDD is exempt from the obligation to obtain a Part 70 

operating permit if the source is not required to obtain a Part 70 operating permit for a reason other 

than the source is subject to Subpart DDDDDD. Exempted sources must still meet the applicable 

requirements in Subpart DDDDDD.

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:100. National emission standards for primary copper smelting area sources.

The national emission standards for primary copper smelting area sources are those in 40 C.F.R. 

§ 63, Subpart EEEEEE (July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:101. National emission standards for secondary copper smelting area sources.

The national emission standards for secondary copper smelting area sources are those in 40 C.F.R. 

§ 63, Subpart FFFFFF (July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.
General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:102. National emission standards for primary nonferrous metals area sources 

-- Zinc, cadmium, and beryllium. The national emission standards for primary nonferrous metals 

area sources are those in 40 C.F.R. § 63, Subpart GGGGGG (July 1, 2012).

Source: 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:103. National emission standards for hospital ethylene oxide sterilizers. The 

national emission standards for hospital ethylene oxide sterilizers are those in 40 C.F.R. § 63, 

Subpart WWWWW (July 1, 2012). A source that operates a unit subject to Subpart WWWWW is 

exempt from the obligation to obtain a Part 70 operating permit if the source is not required to 

obtain a Part 70 operating permit for a reason other than the source is subject to Subpart 

WWWWW. Exempted sources must still meet the applicable requirements in Subpart WWWWW.

Source: 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:104. National emission standards for electric arc furnace steelmaking facility 

area sources. The national emission standards for area sources -- electric arc furnace steelmaking 

facilities are those in 40 C.F.R. § 63, Subpart YYYYY (July 1, 2012).

Source: 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:105. National emission standards for iron and steel foundry area sources. The 

national emission standards for iron and steel foundry area sources are those in 40 C.F.R. § 63, 

Subpart ZZZZZ (July 1, 2012). A source that operates a unit subject to Subpart ZZZZZ is exempt 

from the obligation to obtain a Part 70 operating permit if the source is not required to obtain a Part 

70 operating permit for a reason other than the source is subject to Subpart ZZZZZ. Exempted 

sources must still meet the applicable requirements in Subpart ZZZZZ.

Source: 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:106. National emission standards for gasoline distribution bulk terminals, 

bulk plants, and pipeline facilities. The national emission standards for gasoline distribution bulk 

terminals, bulk plants, and pipeline facilities are those in 40 C.F.R. § 63, Subpart BBBBBB (July 

1, 2012). A source that operates a unit subject to Subpart BBBBBB is exempt from the obligation 

to obtain a Part 70 operating permit if the source is not required to obtain a Part 70 operating 
permit for a reason other than the source is subject to Subpart BBBBBB. Exempted sources must 

still meet the applicable requirements in Subpart BBBBBB.

Source: 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:107. National emission standards for gasoline dispensing facilities. The 

national emission standards for gasoline dispensing facilities are those in 40 C.F.R. § 63, Subpart 

CCCCCC (July 1, 2012). A source that operates a unit subject to Subpart CCCCCC is exempt 

from the obligation to obtain a Part 70 operating permit if the source is not required to obtain a Part 

70 operating permit for a reason other than the source is subject to Subpart CCCCCC. Exempted 

sources must still meet the applicable requirements in Subpart CCCCCC.

Source: 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:108. National emission standards for paint stripping and miscellaneous 

surface coating area sources. The national emission standards for paint stripping and 

miscellaneous coating area sources are those in 40 C.F.R. § 63, Subpart HHHHHH (July 1, 2012).

A source that operates a unit subject to Subpart HHHHHH is exempt from the obligation to obtain 

a Part 70 operating permit if the source is not required to obtain a Part 70 operating permit for a 

reason other than the source is subject to Subpart HHHHHH. Exempted sources must still meet the 

applicable requirements in Subpart HHHHHH.

Source: 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:109. National emission standards for acrylic and modacrylic fiber production 

area sources. The national emission standards for acrylic and modacrylic fiber production area 

sources are those in 40 C.F.R. § 63, Subpart LLLLLL (July 1, 2012). A source that operates a unit 

subject to Subpart LLLLLL is exempt from the obligation to obtain a Part 70 operating permit if 

the source is not required to obtain a Part 70 operating permit for a reason other than the source is 

subject to Subpart LLLLLL. Exempted sources must still meet the applicable requirements in 

Subpart LLLLLL.

Source: 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:110. National emission standards for carbon black production area sources.

The national emission standards for carbon black production area sources are those in 40 C.F.R. 

§ 63, Subpart MMMMMM (July 1, 2012).

Source: 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.

74:36:08:111. National emission standards for chemical manufacturing area sources --

Chromium compounds. The national emission standards for chemical manufacturing area sources 

-- chromium compounds are those in 40 C.F.R. § 63, Subpart NNNNNN (July 1, 2012). A source 

that operates a unit subject to Subpart NNNNNN is exempt from the obligation to obtain a Part 70 

operating permit if the source is not required to obtain a Part 70 operating permit for a reason other 

than the source is subject to Subpart NNNNNN. Exempted sources must still meet the applicable 

requirements in Subpart NNNNNN.

Source: 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:112. National emission standards for flexible polyurethane foam production 

and fabrication area sources. The national emission standards for flexible polyurethane foam 

production and fabrication area sources are those in 40 C.F.R. § 63, Subpart OOOOOO (July 1, 

2012). A source that operates a unit subject to Subpart OOOOOO is exempt from the obligation to 

obtain a Part 70 operating permit if the source is not required to obtain a Part 70 operating permit 

for a reason other than the source is subject to Subpart OOOOOO. Exempted sources must still 

meet the applicable requirements in Subpart OOOOOO.

Source: 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:113. National emission standards for lead acid battery manufacturing area 

sources. The national emission standards for lead acid battery manufacturing area sources are 

those in 40 C.F.R. § 63, Subpart PPPPPP (July 1, 2012). A source that operates a unit subject to 

Subpart PPPPPP is exempt from the obligation to obtain a Part 70 operating permit if the source is 

not required to obtain a Part 70 operating permit for a reason other than the source is subject to 

Subpart PPPPPP. Exempted sources must still meet the applicable requirements in Subpart 

PPPPPP.

Source: 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:114. National emission standards for wood preserving area sources. The 

national emission standards for wood preserving area sources are those in 40 C.F.R. § 63, Subpart 

QQQQQQ (July 1, 2012). A source that operates a unit subject to Subpart QQQQQQ is exempt 

from the obligation to obtain a Part 70 operating permit if the source is not required to obtain a Part 

70 operating permit for a reason other than the source is subject to Subpart QQQQQQ. Exempted 

sources must still meet the applicable requirements in Subpart QQQQQQ.

Source: 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.
74:36:08:115. National emission standards for clay ceramic manufacturing area 

sources. The national emission standards for clay ceramic manufacturing area sources are those in 

40 C.F.R. § 63, Subpart RRRRRR (July 1, 2012). A source that operates a unit subject to Subpart 

RRRRRR is exempt from the obligation to obtain a Part 70 operating permit if the source is not 

required to obtain a Part 70 operating permit for a reason other than the source is subject to Subpart 

RRRRRR. Exempted sources must still meet the applicable requirements in Subpart RRRRRR.

Source: 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:116. National emission standards for glass manufacturing area sources. The 

national emission standards for glass manufacturing area sources are those in 40 C.F.R. § 63, 

Subpart SSSSSS (July 1, 2012).

Source: 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:117. National emission standards for secondary nonferrous metal processing 

area sources. The national emission standards for secondary nonferrous metal processing area 

sources are those in 40 C.F.R. § 63, Subpart TTTTTT (July 1, 2012). A source that operates a unit 

subject to Subpart TTTTTT is exempt from the obligation to obtain a Part 70 operating permit if 

the source is not required to obtain a Part 70 operating permit for a reason other than the source is 

subject to Subpart TTTTTT. Exempted sources must still meet the applicable requirements in 

Subpart TTTTTT.

Source: 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:118. National emission standards for plating and polishing area sources. The 

national emission standards for plating and polishing area sources are those in 40 C.F.R. § 63, 

Subpart WWWWWW (July 1, 2012). A source that operates a unit subject to Subpart 

WWWWWW is exempt from the obligation to obtain a Part 70 operating permit if the source is 

not required to obtain a Part 70 operating permit for a reason other than the source is subject to 

Subpart WWWWWW. Exempted sources must still meet the applicable requirements in Subpart 

WWWWWW.

Source: 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:119. National emission standards for nine metal fabrication and finishing 

area sources. The national emission standards for nine fabrication and finishing area sources are 

those in 40 C.F.R. § 63, Subpart XXXXXX (July 1, 2012). A source that operates a unit subject to 

Subpart XXXXXX is exempt from the obligation to obtain a Part 70 operating permit if the source 
is not required to obtain a Part 70 operating permit for a reason other than the source is subject to 

Subpart XXXXXX. Exempted sources must still meet the applicable requirements in Subpart 

XXXXXX.

Source: 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:120. National emission standards for ferroalloys production area sources. The 

national emission standards for ferroalloys production area sources are those in 40 C.F.R. § 63, 

Subpart YYYYYY (July 1, 2012). A source that operates a unit subject to Subpart YYYYYY is 

exempt from the obligation to obtain a Part 70 operating permit if the source is not required to 

obtain a Part 70 operating permit for a reason other than the source is subject to Subpart 

YYYYYY. Exempted sources must still meet the applicable requirements in Subpart YYYYYY.

Source: 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:121. National emission standards for aluminum, copper, and other 

nonferrous foundry area sources. The national emission standards for aluminum, copper, and 

other nonferrous foundry area sources are those in 40 C.F.R. § 63, Subpart ZZZZZZ (July 1, 2012). 

A source that operates a unit subject to Subpart ZZZZZZ is exempt from the obligation to obtain a 

Part 70 operating permit if the source is not required to obtain a Part 70 operating permit for a 

reason other than the source is subject to Subpart ZZZZZZ. Exempted sources must still meet the 

applicable requirements in Subpart ZZZZZZ.

Source: 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:122. National emission standards for coal- and oil-fired electric utility steam 

generating units. The national emission standards for coal- and oil-fired electric utility steam 

generating units are those in 40 C.F.R. § 63, Subpart UUUUU (July 1, 2012).

Source: 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:123. National emission standards for industrial, commercial, and institutional 

boilers area sources. The national emission standards for industrial, commercial, and institutional 

boilers area sources are those in 40 C.F.R. § 63, Subpart JJJJJJ (July 1, 2012). A source that 

operates a unit subject to Subpart JJJJJJ is exempt from the obligation to obtain a Part 70 operating 

permit if the source is not required to obtain a Part 70 operating permit for a reason other than the 

source is subject to Subpart JJJJJJ. Exempted sources must still meet the applicable requirements 

in Subpart JJJJJJ.

Source: 39 SDR 219, effective June 25, 2013.
General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:124. National emission standards for chemical manufacturing area sources.

The national emission standards for chemical manufacturing area sources are those in 40 C.F.R. 

§ 63, Subpart VVVVVV (July 1, 2012). A source that operates a unit subject to Subpart VVVVVV 

is exempt from the obligation to obtain a Part 70 operating permit if the source is not required to 

obtain a Part 70 operating permit for a reason other than the source is subject to Subpart 

VVVVVV. Exempted sources must still meet the applicable requirements in Subpart VVVVVV.

Source: 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:125. National emission standards for asphalt processing and asphalt roofing 

manufacturing area sources. The national emission standards for asphalt processing and asphalt 

roofing manufacturing area sources are those in 40 C.F.R. § 63, Subpart AAAAAAA (July 1, 

2012). A source that operates a unit subject to Subpart AAAAAAA is exempt from the obligation 

to obtain a Part 70 operating permit if the source is not required to obtain a Part 70 operating 

permit for a reason other than the source is subject to Subpart AAAAAAA. Exempted sources 

must still meet the applicable requirements in Subpart AAAAAAA.

Source: 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:126. National emission standards for chemical preparations industry area 

sources. The national emission standards for chemical preparations industry area sources are those 

in 40 C.F.R. § 63, Subpart BBBBBBB (July 1, 2012). A source that operates a unit subject to 

Subpart BBBBBBB is exempt from the obligation to obtain a Part 70 operating permit if the source 

is not required to obtain a Part 70 operating permit for a reason other than the source is subject to 

Subpart BBBBBBB. Exempted sources must still meet the applicable requirements in Subpart 

BBBBBBB.

Source: 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:127. National emission standards for paints and allied products 

manufacturing area sources. The national emission standards for paints and allied products 

manufacturing area sources are those in 40 C.F.R. § 63, Subpart CCCCCCC (July 1, 2012). A 

source that operates a unit subject to Subpart CCCCCCC is exempt from the obligation to obtain a 

Part 70 operating permit if the source is not required to obtain a Part 70 operating permit for a 

reason other than the source is subject to Subpart CCCCCCC. Exempted sources must still meet 

the applicable requirements in Subpart CCCCCCC.

Source: 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.
Law Implemented: SDCL 34A-1-18.

74:36:08:128. National emission standards for prepared feeds manufacturing area

sources. The national emission standards for prepared feeds manufacturing area sources are those 

in 40 C.F.R. § 63, Subpart DDDDDDD (July 1, 2012). A source that operates a unit subject to 

Subpart DDDDDDD is exempt from the obligation to obtain a Part 70 operating permit if the 

source is not required to obtain a Part 70 operating permit for a reason other than the source is 

subject to Subpart DDDDDDD. Exempted sources must still meet the applicable requirements in 

Subpart DDDDDDD.

Source: 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:129. National emission standards for gold mine ore processing and 

production area sources. The national emission standards for gold mine ore processing and 

production area sources are those in 40 C.F.R. § 63, Subpart EEEEEEE (July 1, 2012).

Source: 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

74:36:08:130. National emission standards for polyvinyl chloride and copolymers 

production. The national emission standards for polyvinyl chloride and copolymers production are 

those in 40 C.F.R. § 63, Subpart HHHHHHH (July 1, 2012).

Source: 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

CHAPTER 74:36:09

PREVENTION OF SIGNIFICANT DETERIORATION

Section

74:36:09:01 Applicability.

74:36:09:01.01 Prevention of significant deterioration permit required.

74:36:09:02 Prevention of significant deterioration.

74:36:09:03 Public participation.

74:36:09:01. Applicability. This chapter applies to all areas of the state which are 

designated attainment or unclassifiable pursuant to § 107(d)(1)(A)(ii) and (iii) of the Clean Air 

Act.

Source: 19 SDR 157, effective April 22, 1993; 33 SDR 43, effective September 18, 2006.

General Authority: SDCL 34A-1-6, 34A-1-18.
Law Implemented: SDCL 34A-1-18.

74:36:09:01.01. Prevention of significant deterioration permit required. New major 

stationary sources or major modifications to existing major stationary sources that locate in an 

attainment or unclassified area must obtain a prevention of significant deterioration permit prior to 

beginning actual construction.

Source: 30 SDR 26, effective September 1, 2003; 33 SDR 43, effective September 18, 2006.

General Authority: SDCL 34A-1-6, 34A-1-18.

Law Implemented: SDCL 34A-1-18.

74:36:09:02. Prevention of significant deterioration. For the purposes of this chapter, the 

state's definitions and requirements for the prevention of significant deterioration are those in 40 

C.F.R. § 52.21 (July 1, 2012), except for 40 C.F.R. § 52.21(a)(1), (a)(2)(iv)(e), (b)(2)(iii)(h), 

(b)(3)(iii)(b), (b)(32), (b)(42), (b)(55), (b)(56), (b)(57), (b)(58), (f), (k)(2), (q), (s), (t), (u), (x), (y),

(z), and (cc) (July 1, 2012) with the following differences:

(1) For the purposes of this section, all terms defined in this section have the meaning 

defined in 40 C.F.R. § 52.21, except for the term "administrator" which means the secretary with 

the following exceptions:

(a) In 40 C.F.R. §§ 52.21(b)(3)(iii) and 52.21(b)(37)(iii), the term "administrator" means 

either the secretary or the administrator of EPA, as applicable;

(b) In 40 C.F.R. §§ 52.21(w)(2) to 52.21(w)(4), inclusive, the term "administrator" means 

either the secretary or the administrator of EPA, as applicable;

(c) In 40 C.F.R. §§ 52.21(b)(17); 52.21(b)(37)(i); 52.21(b)(43); 52.21(b)(48)(ii)(c); 

52.21(b)(50)(i); 52.21(g)(1) to 52.21(g)(6), inclusive; 52.21(l)(2); and 52.21(p)(2) the term 

"administrator" means the administrator of EPA;

(2) For the purposes of this section, the term "Act" means the Clean Air Act;

(3) For the purposes of this section, in 40 C.F.R. § 52.21(c), the Class I areas in South 

Dakota are Wind Cave National Park and the Badlands National Park;

(4) For the purposes of this section, 40 C.F.R. § 52.21(b)(2)(iii)(a) is incorporated by 

reference excluding the second sentence which states, "Routine maintenance, repair and 

replacement shall include, but not be limited to, any activity(s) that meets the requirements of the 

equipment replacement provisions contained in paragraph (cc) of this section";

(5) For the purposes of this section, 40 C.F.R. § 52.21(v)(1) is incorporated by reference 

excluding the phrase, "under 40 CFR 124.10"; and

(6) For the purposes of this section, 40 C.F.R. § 52.21(w)(1) is incorporated by reference 

excluding the phrase, "expires under paragraph (s) of this section or".
The secretary shall transmit to the administrator of the EPA a copy of each permit 

application subject to this section and shall notify the administrator of the EPA of each significant 

action the secretary takes on the application.

If EPA stays or withdraws the regulation of greenhouse gases as identified in 40 C.F.R. 

§ 52.21(w)(1) (July 1, 2012), or a court issues an order vacating or otherwise invalidating EPA's 

regulation of greenhouse gases for any reason, the regulation of greenhouse gases by Article 74:36 

are void as of the date of such administrative or judicial action and shall have no further force and 

effect.

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 30 

SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 33 SDR 43, 

effective September 18, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 

28, 2010; 37 SDR 182, effective April 20, 2011; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6, 34A-1-18.

Law Implemented: SDCL 34A-1-18.

74:36:09:03. Public participation. For the purposes of this chapter, the state's public 

participation procedures are those in 40 C.F.R. § 51.166(q) (July 1, 2012), excluding the phrase 

"The plan shall provide that..." with the following differences:

(1) For the purposes of this section, in 40 C.F.R. § 52.166(q) the phrase "reviewing 

authority" means the secretary;

(2) For the purposes of this section, in 40 C.F.R. § 51.166(q)(1) the phrase "specified time 

period" means 60 days;

(3) For the purposes of this section, in 40 C.F.R. § 51.166(q)(2)(iv), the term "administrator" 

means the administrator of EPA;

(4) For the purposes of this section, in 40 C.F.R. § 51.166(q)(2)(iii), the phrase "Notify the 

public" shall consist of a public notice once in a legal newspaper in the county where the proposed 

source would be constructed. The public notice shall include a statement that a person may submit 

comments or contest the draft permit within 30 days after the publication of the notice. The 

statement shall also describe the procedures a person must follow to contest the draft permit and 

request a hearing in accordance with article 74:09;

(5) For the purposes of this section, in 40 C.F.R. § 51.166(q)(2)(v), a public hearing is 

required if a person contests the draft permit or contests the secretary's final determination and 

requests a hearing in accordance with article 74:09; and

(6) For the purposes of this section, in 40 C.F.R. § 51.166(q)(2)(viii), if a request for a 

contested case hearing is not submitted during the public notice period, the secretary shall make a 

final determination within 30 days of the end of the public comment period on the draft permit. 

The secretary shall notify, in writing, the applicant and each person that submitted written 

comments or requested notice of the final determination. The notice shall include reference to the 

procedures for contesting the final determination and requesting a hearing in accordance with 

article 74:09 within 30 days of receiving the secretary's final determination. If no person comments 
on a draft permit, requests changes, or contests the draft permit during the public notice period, the 

draft permit automatically becomes the secretary's final determination and is issued at the end of 

the public notice period.

Source: 33 SDR 43, effective September 18, 2006; 36 SDR 207, effective June 28, 2010; 39 

SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6, 34A-1-18.

Law Implemented: SDCL 34A-1-18.

CHAPTER 74:36:10

NEW SOURCE REVIEW

Section

74:36:10:01 Applicability.

74:36:10:02 Definitions.

74:36:10:03 Repealed.

74:36:10:03.01 New source review preconstruction permit required.

74:36:10:04 Repealed.

74:36:10:05 New source review preconstruction permit.

74:36:10:06 Causing or contributing to a violation of any national ambient air 

quality standard.

74:36:10:07 Determining credit for emission offsets.

74:36:10:08 Projected actual emissions.

74:36:10:09 and 74:36:10:10 Repealed.

74:36:10:01. Applicability. This chapter applies to areas of the state which are designated 

as nonattainment pursuant to § 107 of the Clean Air Act for any pollutant regulated under the 

Clean Air Act.

Source: 19 SDR 157, effective April 22, 1993.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6.

74:36:10:02. Definitions. For the purposes of this chapter, the definitions for new source 

review are those in 40 C.F.R. § 51.165(a)(1) (July 1, 2012).

For the purposes of this chapter, the term, Act, means the Clean Air Act.

For the purposes of this section, the term, reviewing authority, means the secretary.

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 30 

SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 36 SDR 207, 

effective June 28, 2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6.
74:36:10:03. Net emissions increase defined. Repealed.

Source: 8 SDR 71, effective December 21, 1981; 13 SDR 129, 13 SDR 141, effective 

July 1, 1987; 17 SDR 170, effective May 13, 1991; transferred from § 74:26:01:06.01, 19 SDR 

157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; repealed, 30 SDR 26, 

effective September 1, 2003.

74:36:10:03.01. New source review preconstruction permit required. New major 

stationary sources or major modifications to existing major sources must obtain a preconstruction 

permit before beginning actual construction if they are located in the following areas:

(1) An attainment or unclassified area if the source would cause or contribute to a violation 

of any national ambient air quality standard; or

(2) An area designated nonattainment for any national ambient air quality standard if the 

source is major for the pollutant for which the area is designated nonattainment.

Except as provided by a plant-wide applicability limit, a proposed project is considered a 

major modification to an existing major source if the proposed project meets the criteria in 40 

C.F.R. § 51.165(a)(2)(ii)(A) to (F), inclusive, (July 1, 2012).

Source: 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 36 

SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6, 34A-1-21.

Law Implemented: SDCL 34A-1-6, 34A-1-21.

Note: The procedural requirements for obtaining a preconstruction permit under the new 

source review program are similar to the procedural requirements for a Part 70 source, such as a 

timely and complete application, completeness review, statement of basis, public participation, and 

departmental recommendation, as outlined in §§ 74:36:05:08 to 74:36:05:20.01, inclusive.

74:36:10:04. Criteria for creditability of increase or decrease in actual emissions.

Repealed.

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 

repealed, 30 SDR 26, effective September 1, 2003.

74:36:10:05. New source review preconstruction permit. A new source review 

preconstruction permit must satisfy the following criteria before beginning actual construction:

(1) All requirements for new source performance standards in chapter 74:36:07 that apply to 

the facility;

(2) Compliance with the lowest achievable emission rate (LAER);

(3) Certification of compliance that all other major sources, major modifications, or 

reconstructed facilities that are owned, operated, or controlled by the applicant either in whole or in 
part elsewhere in the state are in compliance with all applicable emission limitations and standards; 

and

(4) The total tonnage of increased emissions, in tons per year, resulting from a major 

modification that must be offset shall be determined by summing the difference between the 

allowable emissions after the modification and the actual emissions before the modification for 

each emissions unit. Emissions offsets are determined in accordance with § 74:36:10:07.

The owner or operator may apply for a plant-wide applicability limit. The procedures for a 

plant-wide allowable limit are those in 40 C.F.R. § 51.165(f)(1) to (f)(15), inclusive, (July 1, 

2012).

Approval to construct does not relieve an owner or operator of the responsibility to comply 

fully with applicable provisions of this article or the Clean Air Act and any other requirements 

under local, state, or federal law.

Submission of preconstruction monitored or projected ambient air quality data, or both, from 

the proposed source must accompany the permit application. In addition, air quality dispersion 

modeling and meteorological data for the prescribed area may be required by the department. Costs 

of these requirements must be absorbed by the proposed source.

Source: 7 SDR 4, effective July 27, 1980; transferred from § 44:10:01:16, effective July 1, 

1981; 8 SDR 71, effective December 21, 1981; 10 SDR 68, effective January 5, 1984; 13 SDR 

129, 13 SDR 141, effective July 1, 1987; 16 SDR 88, effective November 14, 1989; 17 SDR 170, 

effective May 13, 1991; transferred from § 74:26:01:16, 19 SDR 157, effective April 22, 1993; 21 

SDR 119, effective January 5, 1995; 30 SDR 26, effective September 1, 2003; 31 SDR 101, 

effective January 2, 2005; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 

2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-22.

74:36:10:06. Causing or contributing to a violation of any national ambient air quality 

standard. This section applies to any major stationary source or major modification to an existing 

major source that is located in an attainment or unclassifiable area that may cause or contribute to 

violation of a national ambient air quality standard. A major stationary source or major 

modification to an existing major source is considered to cause or contribute to a violation of a 

national ambient air quality standard if the source or modification would, at a minimum, exceed 

the following significance levels at any locality that does not or would not meet the applicable 

national standard:

POLLUTANT AND SIGNIFICANT LEVELS

Averaging time (hours)

Annual 24 8 3 1

(1) SO2: 1.0 ug/m3 5 ug/m3 - 25 ug/m3 -

(2) PM10: 1.0 ug/m3 5 ug/m3 - - -

(3) PM2.5 0.3 ug/m3 1.2 ug/m3 - - -
(4) NO2: 1.0 ug/m3 - - - -

(5) CO - - 0.5 mg/m3 - 2 mg/m3

The owner or operator of a new major stationary source or major modification to an existing 

major source may reduce the impact of its emissions on air quality by obtaining emission offsets to 

compensate for its adverse ambient impact where the new major source or major modification to 

an existing major source would otherwise cause or contribute to a violation of the national ambient 

air quality standard. The procedures for determining credit for emission offsets are those in 

§ 74:36:10:07.

Source: 17 SDR 170, effective May 13, 1991; transferred from § 74:26:01:16:02, 19 SDR 

157, effective April 22, 1993; 30 SDR 26, effective September 1, 2003; 39 SDR 219, effective 

June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6.

74:36:10:07. Determining credit for emission offsets. The baseline for determining credit 

for emission offsets is the emission limit in effect at the time the application to construct is filed, 

except that the offset baseline is the actual emission of the unit from which offset credit is obtained 

if the demonstration of reasonable further progress and attainment of ambient air quality standards 

is based upon the actual emission of sources located within a designated nonattainment area; or if 

there is no applicable emission limit.

In determining credit for emission offsets the following criteria shall be met:

(1) All offsets must be for the same regulated NSR pollutant, result in a net positive air 

quality benefit in the affected area, and be approved by the department before issuance of the 

permit, even though they need not be in effect until the source commences operation. The offset 

ratio of total actual emissions reductions to the emissions increase shall be at least 1 to 1 unless an 

alternative ratio is provided in accordance with the offset requirements in 40 C.F.R. 

§ 51.165(a)(9)(ii) through 51.165(a)(9)(iv) (July 1, 2012);

(2) External offsets or those emission limitations from sources not owned, operated, or 

controlled by an applicant for a permit shall be made through a revision of the permit conditions of 

the participating source or sources. At no time may the baseline be exceeded;

(3) The permissible location of offsetting emissions shall be conducted in accordance with 

40 C.F.R., Part 51, Appendix S, section IV.D (July 1, 2012);

(4) For an existing fuel combustion unit, credit shall be based on the emission limit for the 

type of fuel being burned at the time the application to construct is filed. If the existing source 

agrees to switch to a cleaner fuel at some future date, emission offset credits based on the 

allowable or actual emissions for the fuels involved may be allowed only if permit conditions 

specify an alternative control measure that would achieve the same degree of emission reduction if 

the source switched back to the dirtier fuel at some later date;

(5) Emission reductions achieved by shutting down an existing unit or curtailing production 

or operating hours below baseline levels may be credited if the reductions are permanent, 
quantifiable, federally enforceable, and the area has a federally-approved attainment plan. In 

addition, the shutdown or curtailed production must occur after August 7, 1977, or less than one 

year before the date of submitting the permit application, whichever is earlier. Emission reductions 

may be credited in the absence of a federally-approved attainment plan if the shutdown or 

curtailment occurred on or after the date the application is filed for a new unit or if the applicant 

can establish that the proposed new unit is a replacement for the shutdown or curtailed unit, and 

the shutdown or curtailment occurred after August 7, 1977, or less than one year before the date of 

submitting the permit application, whichever is earlier;

(6) Except as set forth in 40 C.F.R. § 51.165(a)(3)(ii)(D) (July 1, 2012), emission offset 

credit may not be allowed for replacing one hydrocarbon compound with another of lesser 

reactivity;

(7) Credit for emissions reduction may be claimed to the extent that the department has not 

relied on it in issuing a permit or in its demonstration of attainment or reasonable further progress;

(8) If the emissions limit allows greater emissions than the potential to emit of the unit, the 

emission offset credit is allowed only for the control below the potential to emit of the unit; and

(9) All emission reductions claimed as offset credit must be federally enforceable.

Source: 7 SDR 4, effective July 27, 1980; transferred from §§ 44:10:01:15 and 44:10:01:17, 

effective July 1, 1981; 8 SDR 71, effective December 21, 1981; 12 SDR 183, effective May 21, 

1986; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 17 SDR 170, effective May 13, 1991; 

transferred from §§ 74:26:01:15, 74:26:01:16.01, and 74:26:01:17, 19 SDR 157, effective April 

22, 1993; 21 SDR 119, effective January 5, 1995; 30 SDR 26, effective September 1, 2003; 31 

SDR 101, effective January 2, 2005; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective 

June 25, 2013.

General Authority: SDCL 34A-1-6, 34A-1-21.

Law Implemented: SDCL 34A-1-21, 34A-1-22.

74:36:10:08. Projected actual emissions. Any owner or operator who proposes a project 

for existing emissions units at a major stationary source that is not considered a major modification 

based on projected actual emissions but may result in a significant emission increase shall comply 

with the requirements in 40 C.F.R. § 51.165(a)(6)(i) to (vi), inclusive, (July 1, 2012). This section 

does not apply to a source with a plant-wide applicability limit.

The owner or operator shall make the information required to be documented in 40 C.F.R. 

§ 51.165(a)(6)(i) to (vi), inclusive, (July 1, 2012) available for review upon a request for inspection 

by the secretary or the general public pursuant to the requirements contained in 40 C.F.R. 

§ 70.4(b)(3)(viii) (July 1, 2012).

Source: 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 36 

SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6.
74:36:10:09. Clean unit test for emission units subject to lowest achievable emission 

rate. Repealed.

Source: 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 36 

SDR 207, effective June 28, 2010; repealed, 39 SDR 219, effective June 25, 2013.

74:36:10:10. Clean unit test for emission units comparable to lowest achievable 

emission rate. Repealed.

Source: 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 36 

SDR 207, effective June 28, 2010; repealed, 39 SDR 219, effective June 25, 2013.

CHAPTER 74:36:11

PERFORMANCE TESTING

Section

74:36:11:01 Stack performance testing or other testing methods.

74:36:11:02 Secretary may require performance tests.

74:36:11:03 Notice to department of performance test.

74:36:11:04 Testing new fuels or raw materials.

74:36:11:01. Stack performance testing or other testing methods. All stack performance 

tests or other test methods must be made in accordance with the applicable method specified in 40 

C.F.R. § 60.17; Part 60, Appendix A; § 63.14; Part 63, Appendix A; and Part 51, Appendix M (all 

July 1, 2012).

Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from 

§ 34:10:05:01, 7 SDR 4, effective July 27, 1980; transferred from § 44:10:05:01, effective July 1, 

1981; 10 SDR 68, effective January 5, 1984; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 14 

SDR 72, effective November 24, 1987; 16 SDR 88, effective November 14, 1989; 17 SDR 170, 

effective May 13, 1991; transferred from §§ 74:26:05:01, 19 SDR 157, effective April 22, 1993; 21

SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 1996; 26 SDR 168, 

effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 

2, 2005; 32 SDR 209, effective June 13, 2006; 36 SDR 207, effective June 28, 2010; 39 SDR 219, 

effective June 25, 2013.

General Authority: SDCL 34A-1-6, 34A-1-12.

Law Implemented: SDCL 34A-1-12.

74:36:11:02. Secretary may require performance tests. The secretary may conduct or 

require a performance test of emissions, including stack sampling, for air pollutants from any 

source to determine compliance with regulated pollutant emission standards. Upon the request of 

the secretary, the owner or operator of the source to be tested must provide necessary ports in 

stacks or ducts and any other safe and applicable sampling and testing facilities necessary for 

determination of the emissions of air pollutants. The results of the required performance test must 
be submitted to the department within 60 days after the completion of the performance test or as 

designated by the department.

Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from 

§ 34:10:05:02, 7 SDR 4, effective July 27, 1980; transferred from § 44:10:05:02, effective July 1, 

1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; transferred from § 74:26:05:02, 19 SDR 

157, effective April 22, 1993; 23 SDR 106, effective December 29, 1996.

General Authority: SDCL 34A-1-6, 34A-1-12.

Law Implemented: SDCL 34A-1-12.

74:36:11:03. Notice to department of performance test. The owner or operator of an 

affected facility shall notify the department at least 10 days before the start of a performance test to 

arrange for an agreeable test date when a department representative may observe the test.

Source: 19 SDR 157, effective April 22, 1993; 23 SDR 106, effective December 29, 1996.

General Authority: SDCL 34A-1-6, 34A-1-12.

Law Implemented: SDCL 34A-1-12.

74:36:11:04. Testing new fuels or raw materials. The owner or operator of a permitted 

source may request permission to test a new fuel or raw material to determine if it is compatible 

with existing equipment and to determine air emission rates before requesting a permit amendment 

or modification. A complete request shall consist of:

(1) A written proposal that describes the new fuel or raw material;

(2) An estimate of the type and amount of regulated air pollutant emissions that will result 

from the change; and

(3) The schedule for conducting the test and the duration of the test. In most cases the owner 

or operator will be allowed to test for a maximum of one week. A request for a test period longer 

than one week will need additional justification. A test period shall not exceed 180 days.

Within 45 days after receipt of a complete proposal to conduct a test, the department shall 

notify the owner or operator in writing as to whether or not the department approves the test. If 

approved, the department's written response shall specify the schedule for conducting the test and 

outline the test requirements. The requirements may include performance testing, visible emission 

evaluation, fuel analysis, dispersion modeling, and monitoring of raw material or fuel rates.

If the department determines that the change will increase an emission of a regulated air 

pollutant or result in the emission of an additional regulated air pollutant, the department shall give 

public notice of the proposed test for 30 days. The department shall consider all comments 

received during the 30-day public comment period before making a final decision on the test.

The department will not approve a test if the test would cause or contribute to a violation of a 

national ambient air quality standard.

Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-12, 34A-1-21.
CHAPTER 74:36:12

CONTROL OF VISIBLE EMISSIONS

Section

74:36:12:01 Restrictions on visible emissions.

74:36:12:02 Exceptions to restrictions.

74:36:12:03 Exceptions granted to alfalfa palletizes or dehydrators.

74:36:12:01. Restrictions on visible emissions. The owner or operator of a source may not 

discharge into the ambient air from a single unit of emissions an air pollutant of a density equal to 

or greater than that designated as 20 percent opacity, as established by the Environmental 

Protection Agency's Method 9 in 40 C.F.R. Part 60, Appendix A (July 1, 2012).

Source: SL 1975, ch 16, § 1; transferred from § 34:10:03:01, 7 SDR 4, effective July 27, 

1980; transferred from § 44:10:03:01, effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective 

July 1, 1987; 17 SDR 170, effective May 13, 1991; transferred from § 74:26:03:01, 19 SDR 157, 

effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April 4, 

1999; 26 SDR 168, effective June 27, 2000; 31 SDR 101, effective January 2, 2005; 32 SDR 209, 

effective June 13, 2006; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 

2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6.

74:36:12:02. Exceptions to restrictions. The provisions of § 74:36:12:01 do not apply in 

the following circumstances:

(1) If the presence of uncombined water is the only reason for failure to meet the 

requirements of § 74:36:12:01;

(2) If smoke is emitted for the purpose of training or research and is approved by the 

department; and

(3) For brief periods during soot blowing, start-up, shut-down, and malfunctions.

Source: SL 1975, ch 16, § 1; transferred from § 34:10:03:03, 7 SDR 4, effective July 27, 

1980; transferred from § 44:10:03:03, effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective 

July 1, 1987; transferred from § 74:26:03:03, 19 SDR 157, effective April 22, 1993; 39 SDR 219, 

effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6.

74:36:12:03. Exceptions granted to alfalfa palletizes or dehydrators. The owner or 

operator of a facility that pelletizes or dehydrates alfalfa, or that does both, may discharge into the 

ambient air an air pollutant of a density no greater than 30 percent opacity, as established by the 

Environmental Protection Agency's Method 9 in 40 C.F.R. Part 60, Appendix A (July 1, 2012).
Source: 8 SDR 133, effective April 18, 1982; 11 SDR 151, effective May 12, 1985; 13 SDR 

129, 13 SDR 141, effective July 1, 1987; 17 SDR 170, effective May 13, 1991; transferred from 

§ 74:26:03:05, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 31 

SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 36 SDR 207, effective 

June 28, 2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6.

CHAPTER 74:36:13

CONTINUOUS EMISSION MONITORING SYSTEMS

Section

74:36:13:01 Secretary may require continuous emission monitoring systems (CEMS).

74:36:13:02 Minimum performance specifications for all continuous emission monitoring 

systems.

74:36:13:03 Reporting requirements.

74:36:13:04 Notice to department of exceedance.

74:36:13:05 Compliance determined by data from continuous emission monitor.

74:36:13:06 Compliance certification.

74:36:13:07 Credible evidence.

74:36:13:08 Compliance assurance monitoring.

74:36:13:01. Secretary may require continuous emission monitoring systems (CEMS).

The secretary may require major stationary air pollution sources to install, calibrate, operate, and 

maintain equipment approved by the department for the continuous monitoring and recording of 

emission data to determine compliance with a regulated air pollutant standard or where there is 

reason to believe there is a violation.

Source: 19 SDR 157, effective April 22, 1993.

General Authority: SDCL 34A-1-6, 34A-1-12.

Law Implemented: SDCL 34A-1-12.

74:36:13:02. Minimum performance specifications for all continuous emission 

monitoring systems. Minimum performance specifications for all continuous emission monitoring 

systems are those contained in 40 C.F.R. Part 60, Appendix B and 40 C.F.R. § 60.13 (July 1, 

2012).

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 26 

SDR 168, effective June 27, 2000; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective 

June 13, 2006; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6, 34A-1-12.

Law Implemented: SDCL 34A-1-12.

74:36:13:03. Reporting requirements. Owners or operators of those sources required to 

install continuous emission monitoring systems shall observe the reporting requirements contained 
in 40 C.F.R. § 60.7 (July 1, 2012). All records must be made available to the department on 

request.

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 26 

SDR 168, effective June 27, 2000; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective 

June 13, 2006; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6, 34A-1-12.

Law Implemented: SDCL 34A-1-12.

74:36:13:04. Notice to department of exceedance. Any emissions that exceed the 

standards listed in 40 C.F.R. Part 60 (July 1, 2012) or this article that are detected through 

continuous emission monitoring systems (CEMS) must be reported to the department within the 

time constraints as determined by the secretary in the permit to operate.

Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 26 

SDR 168, effective June 27, 2000; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective 

June 13, 2006; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6, 34A-1-12.

Law Implemented: SDCL 34A-1-12.

74:36:13:05. Compliance determined by data from continuous emission monitor. The 

emissions data from a continuous emission monitor on a unit shall be used to monitor compliance. 

The compliance requirements for the continuous emission monitor data shall be placed in the 

conditions of the permit to operate.

Source: 19 SDR 157, effective April 22, 1993.

General Authority: SDCL 34A-1-6, 34A-1-12.

Law Implemented: SDCL 34A-1-12.

74:36:13:06. Compliance certification. Notwithstanding any other provision in any plan 

approved by the administrator, for the purpose of submission of compliance certifications an owner 

or operator may use monitoring as required under 40 C.F.R. § 70.6(a)(3) (July 1, 2012) and 

incorporated into a federally enforceable operating permit in addition to any specified compliance 

methods.

Source: 21 SDR 119, effective January 5, 1995; 31 SDR 101, effective January 2, 2005; 32 

SDR 209, effective June 13, 2006; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective 

June 25, 2013.

General Authority: SDCL 34A-1-6, 34A-1-12.

Law Implemented: SDCL 34A-1-12.

74:36:13:07. Credible evidence. Notwithstanding any other provision, any credible 

evidence may be used for the purpose of establishing whether a person has violated or is in 

violation of a plan. Credible evidence is as follows:

(1) Information from the use of the following methods is presumptively credible evidence of 

whether a violation has occurred at the source:
(a) A monitoring method approved for the source pursuant to 40 C.F.R. § 70.6(a)(3) (July 

1, 2012) and incorporated in a federally enforceable operating permit;

(b) Compliance methods specified in the applicable plan; and

(2) The following testing, monitoring, or information gathering methods are presumptively 

credible testing, monitoring, or information-gathering methods;

(a) Any federally enforceable monitoring or testing methods, including those in 40 C.F.R. 

Parts 51, 60, 61, and 75 (July 1, 2012);

(b) Other testing, monitoring, or information-gathering methods that produce information 

comparable to that produced by any method in subdivision (1) or (2)(a) of this section.

Source: 21 SDR 119, effective January 5, 1995; 26 SDR 168, effective June 27, 2000; 31 

SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 36 SDR 207, effective 

June 28, 2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6, 34A-1-12.

Law Implemented: SDCL 34A-1-12.

74:36:13:08. Compliance assurance monitoring. The owner or operator of a unit that is 

subject to 40 C.F.R. § 64.2 (July 1, 2012), must comply with 40 C.F.R. §§ 64.1 and 64.3 to 64.10, 

inclusive, (July 1, 2012).

Source: 25 SDR 123, effective April 4, 1999; 26 SDR 168, effective June 27, 2000; 31 SDR 

101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 36 SDR 207, effective June 

28, 2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6, 34A-1-12.

Law Implemented: SDCL 34A-1-12.

CHAPTER 74:36:14

VARIANCES

(Repealed. 23 SDR 106, effective December 29, 1996)

CHAPTER 74:36:15

OPEN BURNING

Section

74:36:15:01 Transferred.

74:36:15:02 and 74:36:15:03 Repealed.

74:36:15:01. Transferred to § 74:36:06:07.
74:36:15:02. Open burning practices permissible. Repealed.

Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from 

§§ 34:10:04:03, 34:10:04:04, 34:10:04:06, 34:10:04:07, 34:01:04:08, 34:10:04:08.01, and 

34:10:04:12, 7 SDR 4, effective July 27, 1980; transferred from §§ 44:10:04:03, 44:10:04:04, 

44:10:04:06, 44:10:04:07, 44:01:04:08, 44:10:04:09, and 44:10:04:13, effective July 1, 1981; 13 

SDR 129, 13 SDR 141, effective July 1, 1987; transferred from §§ 74:26:04:03, 74:26:04:04, 

74:26:04:06, 74:26:04:07, 74:26:04:08, 74:26:04:09, and 74:26:04:13, 19 SDR 157, effective 

April 22, 1993; 21 SDR 119, effective January 5, 1995; repealed, 23 SDR 106, effective December 

29, 1996.

74:36:15:03. Refuse burning in rural areas -- Conditions -- Restrictions. Repealed.

Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from 

§ 34:10:04:09, 7 SDR 4, effective July 27, 1980; transferred from § 44:10:04:10, effective July 1, 

1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; transferred from § 74:26:04:10, 19 SDR 

157, effective April 22, 1993; repealed, 23 SDR 106, effective December 29, 1996.

CHAPTER 74:36:16

ACID RAIN PROGRAM

Section

74:36:16:01 General provisions.

74:36:16:02 Allowance system.

74:36:16:03 Reserved.

74:36:16:04 Continuous emission monitoring.

74:36:16:05 Nitrogen oxides emission reduction.

74:36:16:01. General provisions. The following provisions are incorporated by reference: 

40 C.F.R. §§ 72.2 to 72.85, inclusive, (July 1, 2012) except for the following definitions in § 72.2: 

Environmental Appeals Board, EPA trial staff, ex parte communication, hearing clerk, presiding 

officer, and state operating permit program and except for §§ 72.4, 72.5, 72.6(c), 72.10, 72.12, 

72.13, 72.20, 72.23 to 72.25, inclusive, 72.60 to 72.71, inclusive, 72.73, and 72.74. For the 

purposes of this chapter, "administrator" means the secretary, except for those authorities which 

cannot be delegated to the state, in which case "administrator" means the administrator of the 

Environmental Protection Agency.

Source: 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April 4, 1999; 26 

SDR 168, effective June 27, 2000; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective 

June 13, 2006; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6, 34A-1-18.

Law Implemented: SDCL 34A-1-18.

74:36:16:02. Allowance system. The allowance system for the acid rain program is that in 

40 C.F.R. §§ 73.1 to 73.53, inclusive, (July 1, 2012).
Source: 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April 4, 1999; 26 

SDR 168, effective June 27, 2000; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective 

June 13, 2006; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6, 34A-1-18.

Law Implemented: SDCL 34A-1-18.

74:36:16:03. Reserved.

74:36:16:04. Continuous emission monitoring. The continuous emission monitoring 

requirements for the acid rain program are those in 40 C.F.R. §§ 75.1 to 75.67, inclusive, (July 1, 

2012) and Appendixes A to H, inclusive, to 40 C.F.R. Part 75 (July 1, 2012).

Source: 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April 4, 1999; 26 

SDR 168, effective June 24, 2000; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective 

June 13, 2006; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6, 34A-1-18.

Law Implemented: SDCL 34A-1-18.

74:36:16:05. Nitrogen oxides emission reduction. The nitrogen oxides emission reduction 

requirements for the acid rain program are those in 40 C.F.R. §§ 76.1 to 76.16, inclusive, (July 1, 

2012).

Source: 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April 4, 1999; 26 

SDR 168, effective June 27, 2000; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective 

June 13, 2006; 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6, 34A-1-18.

Law Implemented: SDCL 34A-1-18.

CHAPTER 74:36:17

RAPID CITY STREET SANDING AND DEICING

Section

74:36:17:01 Applicability.

74:36:17:02 Reasonable available control technology.

74:36:17:03 Street sanding specifications.

74:36:17:04 Street sanding and deicing plan.

74:36:17:05 Street sanding and sweeping recordkeeping.

74:36:17:06 Inspection authority.

74:36:17:01. Applicability. This rule applies to the application of or removal of any street 

sanding or deicing materials on the streets in the Rapid City zone. The Rapid City zone comprises 

the streets within the city limits of Rapid City bordered on the west and south by the city limits, on 

the north by the southern right-of-way boundary of Interstate 90, and on the east by the eastern 

right-of-way boundary of Highway 79.
Source: 22 SDR 104, effective February 11, 1996.

General Authority: SDCL 34A-1-6, 34A-1-15.

Law Implemented: SDCL 34A-1-6, 34A-1-15, 34A-1-38.

74:36:17:02. Reasonable available control technology. Any operation to which this rule 

applies shall provide for reasonable available control technology to prevent the entrainment or 

reentrainment of road dust into the ambient air. Such controls include the following practices:

(1) For operations involving the application of street sanding material and deicing agents on 

paved roads:

(a) Utilizing forecasting of weather events to determine whether to pretreat roads with 

deicing agent or to apply no treatment;

(b) Monitoring street temperatures to determine if deicing agents or street sanding 

materials need to be applied;

(c) Limiting the application of street sanding material to intersections, inclined and 

curved roads, school zones, hospital zones, emergency routes, and fire station zones to the greatest 

extent possible; unless icy conditions exist; and

(d) The use of pretreatment deicing or antiskid agents in place of aggregate street sanding 

materials to the greatest extent possible;

(2) For operations involving the removal of street sanding and deicing agents from paved 

roads:

(a) Flushing core downtown streets with water, except where meteorological conditions 

endanger public safety; and

(b) Removing street sanding material from roads when road conditions become dry, using 

the most efficient cleaning devices on high traffic roads.

Source: 22 SDR 104, effective February 11, 1996.

General Authority: SDCL 34A-1-6, 34A-1-15.

Law Implemented: SDCL 34A-1-6, 34A-1-15, 34A-1-19, 34A-1-38.

74:36:17:03. Street sanding specifications. The following are the street sanding 

specifications to be used in the Rapid City zone:

(1) A durability or hardness as defined in Mohs scale of greater than 6 for 70 percent of the 

material applied to the streets for deicing or skid control;

(2) No more than 3 percent of the total particle material content by weight may pass through 

a No. 200 sieve as described in ASTM C136-93, "Standard Test Method for Sieve Analysis of Fine 

and Course Aggregates," November 1993.
For street sanding material, these criteria only apply to the material before the addition of 

salts or chemicals. Material of a lesser hardness may be used on inclined or curved roads for safety 

purposes or where it can be demonstrated that a material can provide at least a 25 percent reduction 

in air pollutants.

Source: 22 SDR 104, effective February 11, 1996.

General Authority: SDCL 34A-1-6, 34A-1-15.

Law Implemented: SDCL 34A-1-6, 34A-1-15, 34A-1-19, 34A-1-38.

References:

Page 49 and 50, Physical Geology the Structure and Processes of the Earth, 1982, B. 

Clark Burchfiel, et al, Charles E. Merrill Publishing Company. Copies may be obtained from the 

Department of Environment and Natural Resources free of charge.

Standard Test Method for Sieve Analysis of Fine and Course Aggregates, designation C

136-93, 4 pages, American Society for Testing and Materials, November 1993. Copies are 

available from ASTM, 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959. Cost: $15.

74:36:17:04. Street sanding and deicing plan. Any state, county, or municipal entity or 

their contractor with a street sanding or deicing operation in the Rapid City zone shall submit a 

plan to the department on April 15, 1996, and every three years following that date. The 

department shall approve or disapprove the plan within 60 days after receiving it, unless the 

department requests further information. The entity has 20 days to reply to a request for further 

information. The day the department receives the requested information initiates a new 60-day 

approval or disapproval period. The plan must include the following:

(1) A description of the reasonable available control technologies in § 74:36:17:02 that the 

entity intends to use;

(2) A description of how the requirements in § 74:36:17:03 will be attained;

(3) A description of the test methods used in determining attainment with § 74:36:17:03;

(4) An emissions inventory of the streets in the Rapid City zone;

(5) A map identifying street cleaning areas, frequency of cleaning, priorities, and the type of 

street cleaning device used in each area.

If elements of the approved plan change during the three year period, the entity shall submit 

the modifications to the department for approval. The procedure for approval or disapproval of the 

modifications is the same as the procedure for the original plan.

Source: 22 SDR 104, effective February 11, 1996.

General Authority: SDCL 34A-1-6, 34A-1-15.

Law Implemented: SDCL 34A-1-6, 34A-1-12, 34A-1-15, 34A-1-38.

74:36:17:05. Street sanding and sweeping recordkeeping. Operators of street sanding and 

sweeping equipment working in the Rapid City zone shall maintain records to document the street 

sanding and sweeping operations. These records shall be maintained for at least two years. These 

records shall contain the following documentation:

(1) Street sanding:
(a) Date;

(b) Sanding route and area;

(c) Street conditions;

(d) Type and amount of sanding material used; and

(e) Miles driven;

(2) Street sweeping:

(a) Date;

(b) Area cleaned; and

(c) Type of vehicle used.

Source: 22 SDR 104, effective February 11, 1996.

General Authority: SDCL 34A-1-6, 34A-1-15.

Law Implemented: SDCL 34A-1-6, 34A-1-12, 34A-1-15, 34A-1-38.

74:36:17:06. Inspection authority. The secretary may enter the storage site of any user of 

street sanding material covered by this chapter for the purpose of obtaining samples of materials, 

inspecting records, or conducting any inspection authorized under SDCL chapter 34A-1.

Source: 22 SDR 104, effective February 11, 1996.

General Authority: SDCL 34A-1-6, 34A-1-15.

Law Implemented: SDCL 34A-1-6, 34A-1-13, 34A-1-15, 34A-1-38, 34A-1-41.

CHAPTER 74:36:18

REGULATIONS FOR STATE FACILITIES IN THE RAPID CITY AREA

Section

74:36:18:01 Definitions.

74:36:18:02 Applicability.

74:36:18:03 Permit required.

74:36:18:04 Time period for permits and renewals.

74:36:18:05 Required contents of a complete application for a permit.

74:36:18:06 Contents of permit.

74:36:18:07 Permit expiration.

74:36:18:08 Renewal of permit.

74:36:18:09 Reasonably available control technology required.

74:36:18:10 Visible emissions limit for construction and continuous operation activities.

74:36:18:11 Exception to visible emission limit.

74:36:18:12 Notice of operating noncompliance -- Contents.

74:36:18:01. Definitions. Unless otherwise specified, the terms used in this chapter mean:
(1) "Construction activity," any temporary activity at a state facility, which involves the 

removal or alteration of the natural or pre-existing cover of one acre or more of land. One acre of 

surface area is based on a cumulative area of anticipated disturbance to be completed for the entire 

project;

(2) "Continuous operation activity," the following ongoing activities at a state facility that 

may cause fugitive emissions of particulate to be released into the ambient air:

(a) Unpaved parking lots and storage lots one acre or more in size;

(b) Paved parking lots to which deicing and traction materials are applied during adverse 

weather;

(c) Storage piles and activities associated with handling of the stock pile material;

(d) The applying of deicing and traction materials on and cleaning of streets, roads, and 

highways; and

(e) Any other ongoing activity as determined by the secretary that may cause such 

fugitive emissions;

(3) "Reasonably available control technology," a control technology for fugitive emissions 

of particulate determined on a case-by-case basis by the secretary to meet the requirements of this 

chapter, taking into account energy, the environment, economic impacts, and other costs;

(4) "Rapid City air quality control zone," a 10-mile by 14-mile area within the following 

boundaries:

(a) Commencing at the northwest corner of Section 15, Township 2 north, Range 6 east;

(b) East to the northeast corner of Section 14, Township 2 north, Range 8 east;

(c) South to the southeast corner of Section 35, Township 1 north, Range 8 east;

(d) West to the southwest corner of Section 34, Township 1 north, Range 6 east; and

(e) North to the point of beginning;

(5) "State facility," any state agency, state-owned or state-leased property, or property 

subject to a temporary state easement in the Rapid City air quality control zone; and

(6) "State contractor," any person under contract to provide services to a state facility 

including any person under contract to provide construction or continuous operation activities on 

state highways or the state interstate system within the Rapid city air quality control zone.

Source: 28 SDR 178, effective July 1, 2002.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6.

74:36:18:02. Applicability. The requirements of this chapter apply to state facilities and 

state contractors that conduct a construction activity or continuous operation activity in the Rapid 

City air quality control zone.

Source: 28 SDR 178, effective July 1, 2002.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6, 34A-1-11, 34A-1-18, 34A-1-19, 34A-1-21, 34A-1-38.
74:36:18:03. Permit required. Beginning on August 1, 2002, no state facility or state 

contractor may engage in any construction activity or continuous operation activity within the 

Rapid City air quality control zone which may cause fugitive emissions of particulate to be 

released into the ambient air without first obtaining a permit issued by the board or the secretary. 

The secretary may extend the August 1, 2002, deadline for 60 days if circumstances warrant an 

extension.

Source: 28 SDR 178, effective July 1, 2002.

General Authority: SDCL 34A-1-6, 34A-1-21.

Law Implemented: SDCL 34A-1-21.

Note: The procedural requirements for obtaining a construction activity or continuous 

operation activity permit under this chapter will be the same as the procedural requirements for a 

minor source, such as a timely and complete application, completeness review, public 

participation, and department recommendation, as outlined in §§ 74:36:04:06 and 74:36:04:08 to 

74:36:04:14, inclusive.

74:36:18:04. Time period for permits and renewals. A construction activity or continuous 

operation activity permit is issued for a period up to five years and all subsequent permits are for 

periods of five years.

Source: 28 SDR 178, effective July 1, 2002; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6, 34A-1-21.

Law Implemented: SDCL 34A-1-21.

74:36:18:05. Required contents of a complete application for a permit. An application 

for a construction activity and continuous operation activity permit shall contain the following 

information to be considered complete:

(1) General company information, including the company name and address, the owner's 

name and agent, and the plant site manager or contact;

(2) Legal description and location of the construction or continuous operation activity, 

including a site map; 

(3) Description of the proposed construction or continuous operation activity, including 

nature and description of equipment used;

(4) Description of the reasonably available control technology used to control the fugitive 

emissions; and

(5) For construction activities, the proposed date for commencement and termination of the 

construction activity.

Source: 28 SDR 178, effective July 1, 2002; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6, 34A-1-21.

Law Implemented: SDCL 34A-1-21.

74:36:18:06. Contents of permit. The construction activity and continuous operation 

activity permit shall include the following:
(1) The signature of either the secretary or the chairman;

(2) The name of the person, company, political subdivision, agency, or institution granted a 

permit;

(3) The type of operation;

(4) The mailing address;

(5) The date the permit was granted and on which it will expire;

(6) A permit number;

(7) The name of a designated person or officer responsible for the permitted activity;

(8) A statement granting a permit by the board or secretary and any conditions that the board 

or secretary may impose to ensure compliance with the Act;

(9) Emission limits and standards necessary to assure compliance with applicable 

requirements of the Clean Air Act;

(10) Record keeping and reporting requirements;

(11) A severability clause to ensure the continued validity of the various permit 

requirements if any portion of the permit are challenged; and

(12) Provisions stating the following:

(a) The permittee must comply with all conditions of the permit. Any permit 

noncompliance constitutes a violation and is grounds for enforcement action, permit termination, 

revocation or modification, or for denial of a permit renewal application;

(b) The permit may be modified, revoked, or terminated for cause;

(c) The permit does not convey any property rights of any sort or any exclusive privilege; 

and

(d) The permittee shall provide any information requested in writing by the secretary to 

determine whether cause exists for modifying, revoking, or terminating the permit or to determine 

compliance.

Source: 28 SDR 178, effective July 1, 2002; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6, 34A-1-21.

Law Implemented: SDCL 34A-1-21.

74:36:18:07. Permit expiration. Permit expiration terminates the source's right to operate 

unless a timely and complete renewal application has been submitted to the secretary.

Source: 28 SDR 178, effective July 1, 2002.

General Authority: SDCL 34A-1-6, 34A-1-21.

Law Implemented: SDCL 34A-1-21.

74:36:18:08. Renewal of permit. Permits being renewed are subject to the same procedural 

requirements in §§ 74:36:04:06 and 74:36:04:08 to 74:36:04:14, inclusive, as the original permit 

issuance.

Source: 28 SDR 178, effective July 1, 2002.

General Authority: SDCL 34A-1-6, 34A-1-21.

Law Implemented: SDCL 34A-1-21.
74:36:18:09. Reasonably available control technology required. The owner or operator 

of a state facility or state contractor shall install and/or implement reasonably available control 

technology to prevent fugitive emissions of particulate from exceeding the visible emission limit 

specified in § 74:36:18:10.

Source: 28 SDR 178, effective July 1, 2002; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 1-26-20, 34A-1-53.

74:36:18:10. Visible emission limit for construction and continuous operation 

activities. The owner or operator of a state facility or state contractor may not discharge into the 

ambient air from a fugitive source an air pollutant of a density equal to or greater than that 

designated as 20 percent opacity for a series of two minute averages with a minimum of a total of 

six minutes of readings. The Environmental Protection Agency's Method 9 in 40 C.F.R. Part 60, 

Appendix A (July 1, 2012) shall be used to determine the opacity.

Source: 28 SDR 178, effective July 1, 2002; 36 SDR 207, effective June 28, 2010; 39 SDR 

219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-47, 34A-1-49.

74:36:18:11. Exception to visible emission limit. The provisions of § 74:36:18:10 do not 

apply if all three of the following meteorological conditions exist:

(1) Five consecutive days of 0.02 inches or less of precipitation each day excluding dry 

snow;

(2) Forecasted peak wind gusts greater than 40 miles per hour; and

(3) Forecasted average hourly wind speed greater than 20 miles per hour.

Source: 28 SDR 178, effective July 1, 2002; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6, 34A-1-19.

Law Implemented: SDCL 34A-1-12, 34A-1-19.

74:36:18:12. Notice of operating noncompliance -- Contents. If the secretary determines 

that the operation of a source is not in compliance with this article, the Clean Air Act, or permit 

conditions, the secretary may issue a notice of such a finding to the permit holder or operator of the 

source. The notice must contain citations to the rules, statutes, or permit conditions violated and 

the alleged facts upon which the determination is based.

Source: 28 SDR 178, effective July 1, 2002; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6, 34A-1-21.

Law Implemented: SDCL 1-26-27, 34A-1-21.

CHAPTER 74:36:19

MERCURY BUDGET TRADING PROGRAM

(Repealed. 36 SDR 207, effective June 28, 2010)
CHAPTER 74:36:20

CONSTRUCTION PERMITS FOR NEW SOURCES OR MODIFICATIONS

Section

74:36:20:01 Applicability.

74:36:20:02 Construction permit required.

74:36:20:02.01 Initiating construction prior to permit issuance.

74:36:20:03 Construction permit exemption.

74:36:20:04 Emission unit exemptions.

74:36:20:05 Standard for issuance of construction permit.

74:36:20:06 Timely and complete application for a construction permit required.

74:36:20:07 Required contents of complete application for a construction permit.

74:36:20:08 Applicant required to supplement or correct application.

74:36:20:09 Permit application -- Completeness review.

74:36:20:10 Time period for department's recommendation.

74:36:20:11 Public participation in permitting process.

74:36:20:12 Public review of department's draft permit.

74:36:20:13 Final permit decision -- Notice to interested persons.

74:36:20:14 Right to petition for contested case hearing.

74:36:20:15 Contents of construction permit.

74:36:20:16 Administrative permit amendment.

74:36:20:17 Procedures for administrative permit amendments.

74:36:20:18 Reopening construction permit for cause.

74:36:20:19 Procedures to reopen construction permit.

74:36:20:20 Construction permit does not exempt from other requirements.

74:36:20:21 Expiration of a construction permit.

74:36:20:22 Notice of constructing or operating noncompliance -- Contents.

74:36:20:23 Petition for contested case or alleged violation.

74:36:20:24 Circumvention of emissions not allowed.

74:36:20:01. Applicability. The requirements of this chapter apply to the construction of all 

new sources or modifications to existing sources.

Source: 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6, 34A-1-21.

Law Implemented: SDCL 34A-1-21.

74:36:20:02. Construction permit required. A person may not construct, install, modify, 

or operate any source or unit likely to cause the emission of air pollutants into the ambient air or 

any equipment that prevents or controls the emission of air pollutants into the ambient air until a 

construction permit has been issued by the board or the secretary, unless it meets the requirements 

in § 74:36:20:02.01.
Source: 36 SDR 207, effective June 28, 2010; 37 SDR 182, effective April 20, 2011.

General Authority: SDCL 34A-1-6, 34A-1-21.

Law Implemented: SDCL 34A-1-21.

74:36:20:02.01. Initiating construction prior to permit issuance. The owner or operator 

of a new source or modification to an existing source may initiate construction prior to issuance of 

the construction permit by the department if the owner or operator meets the following 

requirements:

(1) The owner or operator has submitted a construction permit application to the department 

in accordance with § 74:36:20:06;

(2) The owner or operator has submitted a notification to the department of its intentions to 

initiate construction prior to issuance of the construction permit five working days before initiating 

construction;

(3) The new source or modification to an existing source is not subject to chapter 74:36:09 

or 74:36:10. The provisions in chapter 74:36:09 or 74:36:10 remain applicable until the new source 

or modification to an existing source legally obtains a construction permit with federally 

enforceable conditions which limit the sources potential to emit below the applicable thresholds in 

chapter 74:36:09 or 74:36:10;

(4) The new source or modification to an existing source is not subject to § 74:36:08:03.01. 

The provisions in § 74:36:08:03.01 remain applicable until the new source or modification to an 

existing source legally obtains a construction permit with federally enforceable conditions which 

limit the sources potential to emit below the applicable thresholds in § 74:36:08:03.01;

(5) The owner or operator must assume any liability for construction conducted on a source 

before the permit is issued and in no case will the applicant be allowed to operate the equipment in 

any way that may emit any air pollutant prior to receiving a construction permit;

(6) The owner or operator must cease construction if the department's evaluation 

demonstrates the construction of the new source or modification to the existing source will 

interfere with the attainment or maintenance of a national ambient air quality standard or 

increment; and

(7) The owner or operator will be required to make any changes to the new source or 

modification of an existing source that may be imposed in the issued construction permit.

Source: 37 SDR 182, effective April 20, 2011.

General Authority: SDCL 34A-1-6, 34A-1-21.

Law Implemented: SDCL 34A-1-21.

74:36:20:03. Construction permit exemption. The following new sources or modifications 

to an existing source are exempt from obtaining a construction permit:

(1) A new source or modification to an existing source meeting the requirements of chapter 

74:36:09;
(2) A new source or modification to an existing source meeting the requirements of chapter 

74:36:10;

(3) A new source or modification to an existing source authorized under a general permit; or

(4) A source that meets the exemption requirements of §§ 74:36:04:02.01 and 74:36:05:04.

Source: 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6, 34A-1-21.

Law Implemented: SDCL 34A-1-21.

74:36:20:04. Emission unit exemptions. The following emission units are exempt from 

inclusion in a construction permit unless the source has requested federally enforceable permit 

conditions related to the emission unit to avoid needing a Part 70 operating permit, PSD 

preconstruction permit, or NSR preconstruction permit or the emission unit is applicable to a 

standard in chapter 74:36:07 or 74:36:08:

(1) One or more incinerators of less than 100 pounds per hour combined burning capacity 

that combust municipal or household waste;

(2) A mobile internal combustion engine, including those in autos, trucks, tractors, 

airplanes, locomotives, and boats;

(3) Laboratory equipment used exclusively for chemical or physical analysis;

(4) A unit that has a heat input capability of not more than 3,500,000 Btus per hour, except 

for units fueled with wood or coal;

(5) An air conditioning or ventilating system not designed to remove air pollutants from 

equipment;

(6) Routine housekeeping or plant upkeep activities such as painting buildings, retarring 

roofs, or paving parking lots;

(7) A unit that has the potential to emit two tons or less per year of any criteria pollutant

before the application of control equipment. However, the criteria pollutant emissions from the 

unit must be included in determining whether the source is required to obtain a construction 

permit; and

(8) A unit that has the potential to emit two tons or less per year of any hazardous air 

pollutant before the application of control equipment. However, the hazardous air pollutant 

emissions from the unit must be included in determining whether the source is required to obtain a 

construction permit.

Source: 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6, 34A-1-21.

Law Implemented: SDCL 34A-1-21.

74:36:20:05. Standard for issuance of construction permit. A construction permit for a 

new source or modification to an existing source may be issued only if it has been shown that the 
operation of the new source or modification to an existing source will not prevent or interfere with 

the attainment or maintenance of an applicable national ambient air quality standard. Compliance 

with this requirement as determined by air pollution dispersion modeling shall be based on 

modeling performed in accordance with 40 C.F.R. Part 51, Appendix W (July 1, 2012) and is not 

affected by stack height that exceeds good engineering practice or by any other dispersion 

technique as defined in 40 C.F.R. § 51.100 (July 1, 2012). Each new source or modification to an 

existing source must comply with emission limits and other requirements of the act and the Clean 

Air Act. The construction permit must include reasonable conditions, including adherence to plans 

and specifications, to ensure compliance with the act, the Clean Air Act, and any other conditions 

justified under SDCL 34A-1-19.

Source: 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6, 34A-1-19, 34A-1-21.

Law Implemented: SDCL 34A-1-21.

74:36:20:06. Timely and complete application for a construction permit required. A 

person who constructs a new source or modification to an existing source required to have a 

construction permit shall submit a complete application to the department at least 180 days before 

the estimated date of commencing construction of the new source or modification to an existing 

source. An application is complete if it meets the requirements in § 74:36:20:07.

Source: 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6, 34A-1-21.

Law Implemented: SDCL 34A-1-21.

74:36:20:07. Required contents of complete application for a construction permit. An 

application for a construction permit for a new source or modification must include the following 

information to be considered a complete application:

(1) The following general company information:

(a) The company name and address or the plant name and address if different from the 

company name;

(b) The owner's name and agent; and

(c) The plant site manager or contact;

(2) A description of the plant and its processes and products;

(3) The following information on emissions:

(a) Identification and description of all emission units;

(b) Fuels, fuel use, raw materials, and production rates;

(c) Identification and description of air pollution control equipment;

(d) Limitations on source operation affecting emissions or any work practice standards, if 

applicable, for all regulated air pollutants;

(e) Other information required by any applicable requirements, including information 

related to stack height limits, such as the location of emission units, flow rates, building 

dimensions, and stack parameters, including height, diameter, and plume temperature, for all 

pollutants regulated at the source;
(4) If available, a copy of any prepared plans and the specifications of any equipment or 

other facilities that may affect the source, including pollution control devices;

(5) A signed and notarized certification of applicant form;

(6) The results of any air dispersion modeling required by the department;

(7) The results of any stack performance testing required by the department; and

(8) Any other information requested by the department that is relevant to determining 

compliance with the act or the Clean Air Act.

The application must be signed by the responsible official or designated representative.

Source: 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6, 34A-1-21.

Law Implemented: SDCL 34A-1-12, 34A-1-21.

74:36:20:08. Applicant required to supplement or correct application. If the applicant is 

aware that the application is incomplete or that any relevant facts or information contained in an 

application are incorrect, the applicant shall submit the supplementary facts or corrected 

information. The applicant shall provide additional information as necessary to address 

requirements that become applicable after the application is filed but before the release of the draft 

permit.

Source: 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6, 34A-1-21.

Law Implemented: SDCL 34A-1-21.

74:36:20:09. Permit application -- Completeness review. The department shall conduct a 

completeness review of each permit application received, as follows:

(1) Within 30 days after submission of an application for a construction permit, the 

department shall notify the applicant in writing whether or not the application is complete or 

incomplete. If the department does not notify the applicant that the application is incomplete within

30 days after receipt of the application, the application is considered complete. The department 

may at any time during the processing of the application request, in writing, additional information 

necessary to evaluate or take final action on the application;

(2) If the application is incomplete or additional information is necessary to evaluate the 

application, the department shall identify the items required to complete the application. The 

applicant has 20 working days after receipt of an incomplete notification or request for additional 

information to submit the information, unless an extension beyond the 20 working days is 

approved by the department; and

(3) The department shall determine the adequacy of the applicant's response to each 

incomplete item within 15 days after receipt of the response and shall notify the applicant in 

writing if the application is or is not complete.

Source: 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6, 34A-1-21.
Law Implemented: SDCL 34A-1-21.

74:36:20:10. Time period for department's recommendation. The department shall 

recommend issuance or denial of a construction permit within 180 days after the submission of a 

complete application and all other additional information necessary for the department to make an 

informed decision. A recommendation to issue a permit shall include a draft permit with 

appropriate conditions to ensure compliance with the act or the Clean Air Act. Failure of the 

department to act on an application entitles the applicant to petition for and obtain a contested case 

review of the application without waiting for a department recommendation. The petition must 

conform to the requirements of article 74:09.

Source: 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6, 34A-1-21.

Law Implemented: SDCL 34A-1-21.

74:36:20:11. Public participation in permitting process. The department shall mail a 

copy of the draft permit to the applicant. The department shall publish a public notice of the draft 

permit once in a legal newspaper in the county where the source is located. The notice must 

include a brief statement describing the source and where it is located; the department's 

recommendation and the reasons for it; the activity or activities involved in the permit action; a 

statement that a person may submit comments or contest the draft permit within 30 days after the 

publication of the notice; a description of the procedures a person must follow to contest the draft 

permit and request a hearing in accordance with article 74:09; and a statement describing where 

copies of the draft permit or other information may be obtained. The department shall provide to 

the interested parties a 30-day notice of any hearing to contest a draft permit.

Source: 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6, 34A-1-21.

Law Implemented: SDCL 1-26-27, 34A-1-21.

74:36:20:12. Public review of department's draft permit. During the public comment 

period, any interested person may submit written comments on the draft permit or request a 

contested case hearing. All comments shall be considered in making a final permit decision on the 

draft permit as provided in § 74:36:20:13. A request for a contested case hearing must be in writing 

and prepared and filed in accordance with article 74:09. The department is not required to accept 

recommendations or comments that are not based on applicable requirements of this article or the 

requirements of the Clean Air Act.

Source: 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6, 34A-1-21.

Law Implemented: SDCL 34A-1-21.

74:36:20:13. Final permit decision -- Notice to interested persons. The department shall

make its final permit decision within 30 days of the end of the public comment period on a draft 

permit. The department shall notify, in writing, the applicant and each person that submitted 

written comments or requested notice of the final permit decision. The notice shall include 

reference to the procedures for contesting the final permit decision and requesting a hearing in 
accordance with article 74:09. For the purpose of this section, the final permit decision means 

proposing a permit or denying a permit.

The final permit shall be issued within 30 days of notifying the applicant and each person 

that submitted written comments or requested notification of the final permit decision except under 

the following conditions:

(1) A later effective date is specified in the final permit decision;

(2) A contested case hearing is requested; or

(3) No comments or request for changes in the draft permit were received during the public 

comment period on the draft permit. In this case, the draft permit automatically becomes the final 

permit decision and the final permit is issued at the end of the public comment period.

Source: 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6, 34A-1-21.

Law Implemented: SDCL 1-26-27, 1-26-29, 34A-1-21.

74:36:20:14. Right to petition for contested case hearing. The applicant or interested

person may petition the board and obtain a contested case hearing to dispute the department's draft 

permit. Any other person may petition to intervene and request a hearing if the person has an 

interest affected by the department's draft permit. Such petitions must comply with the provisions 

of article 74:09 and be received by the department within 30 days after publication of the notice 

required by § 74:36:20:11.

The applicant or an interested person that comments on the draft permit may petition the 

board for and obtain a contested case hearing to dispute the department's final permit decision. 

Such petitions must comply with the provisions of article 74:09 and be received by the department 

within 30 days after receiving the department's final permit decision.

If the draft permit or the final permit decision is contested, the department shall present the 

draft permit or final permit decision to the board for action in accordance with article 74:09.

Source: 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6, 34A-1-21.

Law Implemented: SDCL 1-26-27, 1-26-29, 34A-1-21.

74:36:20:15. Contents of construction permit. A construction permit shall include the 

following:

(1) The signature of either the secretary or the chairman;

(2) The name of the person, company, political subdivision, agency, or institution granted a 

permit;

(3) The type of operation;

(4) The facility and mailing address;

(5) The date the construction permit was granted;

(6) A number for administrative reference;

(7) The timeline for submitting a timely and complete application for a minor source 

operating permit or Part 70 source operating permit;
(8) A statement granting a construction permit by the board or secretary and any conditions 

that the board or secretary may impose to ensure compliance with the act and the Clean Air Act;

(9) Emission limits and standards, including operational requirements and limits for all 

regulated emission units, necessary to ensure compliance with applicable requirements of the act 

and the Clean Air Act;

(10) Monitoring, recordkeeping, and reporting requirements necessary to determine 

compliance with the construction permit;

(11) A severability clause to ensure the continued validity of the various permit 

requirements if any portions of the permit are challenged; and

(12) Provisions stating the following:

(a) The permittee must comply with all conditions of the permit. Any permit 

noncompliance constitutes a violation and is grounds for enforcement action;

(b) The construction permit does not convey any property rights of any sort or any 

exclusive privilege; and

(c) The permittee shall provide any information, including records, requested in writing 

by the department to determine compliance.

Source: 36 SDR 207, effective June 28, 2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6, 34A-1-21.

Law Implemented: SDCL 34A-1-21.

74:36:20:16. Administrative permit amendment. An administrative permit amendment 

may be issued for a revision to an operating permit meeting the requirements of § 74:36:01:03. An 

application for an administrative permit amendment shall contain a description of the change and 

documentation supporting the applicant's claim that the revision qualifies as an administrative 

permit amendment.

Source: 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6, 34A-1-21.

Law Implemented: SDCL 34A-1-21.

74:36:20:17. Procedures for administrative permit amendments. The source may 

implement a proposed revision that is considered an administrative permit amendment 

immediately upon notifying the department. The department shall determine whether an 

administrative permit amendment is applicable to the proposed revision within 15 days of 

receiving a request for a permit revision. The department shall issue administrative permit 

amendments without the procedural requirements applicable to obtaining a construction permit.

Source: 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6, 34A-1-21.

Law Implemented: SDCL 34A-1-21.

74:36:20:18. Reopening construction permit for cause. The department may reopen a 

construction permit for further review if the department determines that the permit contains a 

material mistake in establishing the emissions standards or limits or other requirements of the 

construction permit or the department determines that the construction permit must be revised to 

ensure compliance with the applicable requirements of this article and the Clean Air Act.
Source: 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6, 34A-1-21.

Law Implemented: SDCL 34A-1-21.

74:36:20:19. Procedures to reopen construction permit. The department shall notify the 

source at least 30 days before reopening a construction permit. The department may reopen a 

permit in a shorter time in an emergency. The procedures to reopen a construction permit shall 

follow the procedural requirements to issue a construction permit and shall affect only those parts 

of the permit for which cause to reopen exists.

Source: 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6, 34A-1-21.

Law Implemented: SDCL 34A-1-21.

74:36:20:20. Construction permit does not exempt from other requirements. The 

issuance of a construction permit for a new source or modification to an existing source does not 

exempt the new source or modification to an existing source from obtaining the applicable

operating permit pursuant to chapter 74:36:04 or 74:36:05 or from the obligation to comply with 

the applicable emission limitations or requirements of the Clean Air Act.

Source: 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6, 34A-1-21.

Law Implemented: SDCL 34A-1-21.

74:36:20:21. Expiration of a construction permit. A construction permit expires if the 

construction of the new source or modification to an existing source has not commenced within 18 

months after the effective date of the construction permit, if construction is discontinued for a 

period of 18 months or more, or if construction is not completed within ten years of the effective 

date. If a construction permit expires, the applicant's authority to commence construction or 

complete construction of the new source or modification to an existing source is terminated.

Source: 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6, 34A-1-21.

Law Implemented: SDCL 34A-1-21.

74:36:20:22. Notice of constructing or operating noncompliance -- Contents. If the 

department determines that the construction or operation of a source is not in compliance with this 

article, the Clean Air act, or permit conditions, the department may issue a notice of such a finding 

to the permit holder or operator of the source. The notice must contain citations to the rules, 

statues, or permit conditions violated and the alleged facts upon which the determination is based. 

The secretary, with the concurrence of the alleged violator, may settle an issue of noncompliance 

by entering into a compliance agreement with the source that specifies the date for final 

compliance of the source and any penalties under SDCL 34A-1-39. If a compliance agreement is 

not negotiated, the department may petition the chairman of the board for a contested case hearing 

or may file a civil penalty or injunctive action in circuit court.

Source: 36 SDR 207, effective June 28, 2010.
General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-20, 34A-1-53.

74:36:20:23. Petition for contested case on alleged violation. In accordance with 

§ 74:36:20:22, the department may file a petition containing the information required in article 

74:09 with the chairman to request an order directing corrective action, to request that an 

enforcement hearing be scheduled pursuant to the provisions of chapter 74:09:01, or to request that 

the construction permit be suspended or revoked for noncompliance.

Source: 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-47, 34A-1-49.

74:36:20:24. Circumvention of emissions not allowed. A person may not install or cause 

the installation or use of a device or a means that conceals or dilutes an emission of air pollutants 

that would otherwise violate this article or the Clean Air Act. This includes operating a source, 

unit, or control device that emits pollutants into the ambient air from an opening other than the 

stack, vent, or equivalent opening from which they were designed to be emitted.

Source: 36 SDR 207, effective June 28, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-18.

CHAPTER 74:36:21

REGIONAL HAZE PROGRAM

Section

74:36:21:01 Applicability.

74:36:21:02 Definitions.

74:36:21:03 Existing stationary facility defined.

74:36:21:04 Visibility impact analysis.

74:36:21:05 BART determination.

74:36:21:06 BART determination for a BART-eligible coal-fired power plant.

74:36:21:07 Installation of controls based on visibility impact analysis or BART determination.

74:36:21:08 Operation and maintenance of controls.

74:36:21:09 Monitoring, recordkeeping, and reporting.

74:36:21:10 Permit to construct.

74:36:21:11 Permit required for BART determination.

74:36:21:12 Federal land manager notification and review.

74:36:21:01. Applicability. The provisions of this chapter apply to the owner or operator of 

a new major source, modification to a major source, and a BART-eligible source. The provisions 

of this chapter do not apply to a major source or major modification to an existing source 

applicable to chapters 74:36:09 and 74:36:10.
Source: 37 SDR 111, effective December 7, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6.

74:36:21:02. Definitions. Unless otherwise specified, the terms used in this chapter mean:

(1) "Adverse impact on visibility," visibility impairment that interferes with the 

management, protection, preservation, or enjoyment of the visitor's visual experience of the 

mandatory Class I federal area. Adverse impact on visibility shall be based on a case-by-case basis

taking into account the geographic extent, intensity, duration, frequency, and time of visibility 

impairment, and how these factors correlate with times of visitor use of a mandatory Class I federal

area and the frequency and timing of natural conditions that reduce visibility;

(2) "BART," best available retrofit technology;

(3) "Best available retrofit technology" an emission limitation based on the degree of 

reduction achievable through the application of the best system of continuous emission reduction 

for each pollutant that is emitted by an existing stationary facility. The emission limitation must be 

established, on a case-by-case basis, taking into consideration the technology available, the costs of 

compliance, the energy and nonair quality environmental impacts of compliance, any pollution 

control equipment in use or in existence at the source, the remaining useful life of the source, and 

the degree of improvement in visibility that may reasonable be anticipated to result from the use of 

such technology;

(4) "BART-eligible source," an existing stationary facility;

(5) "Coal-fired power plant," any person, corporation, limited liability company, association, 

company, partnership, political subdivision, municipality, rural electric cooperative, consumers 

power district, or any group or combination acting as a unit, owning or holding under lease, or 

otherwise real property used, or intended for use, for the conversion of coal into electric power;

(6) "Contribute to adverse impact on visibility," a change in visibility impairment in a 

mandatory Class I federal area of five-tenths deciviews or more, based on a 24-hour average, above 

the average natural visibility baseline. A source exceeds the threshold if the 98th percentile (eighth 

highest value) of the modeling results, based on one year of the three years of meteorological data 

modeled, equals or exceeds five-tenths deciviews;

(7) "Major source," as defined in § 74:36:01:08(2) and (3);

(8) "Mandatory Class I federal area," any area identified in 40 C.F.R. § 81, Subpart D (July 

1, 2012);

(9) "Visibility impairment," any human perceptible change in visibility such as light 

extinction, visual range, contrast, coloration, from that which would have existed under natural 

conditions;

(10) "30-day rolling average," expressed as pounds per million Btus and pounds per hour 

and calculated in accordance with the following procedures:
(a) Sum the total pounds of pollutant in question emitted from a unit during an operating 

day and the previous 29 operating days;

(b) Sum the total heat input to the unit in million Btus during the operating day and the 

previous 29 operating days;

(c) Sum the total hours the unit operated in hours during the day and the previous 29 

operating days;

(d) For pounds per million Btus, divide the total number of pounds of the pollutant 

emitted during the 30-day operating days by the total heat input during the 30-day operating days;

(e) For pounds per hour, divide the total number of pounds of the pollutant emitted 

during the 30-day operating days by the total hours operated during the 30-day operating days.

A new 30-day rolling average shall be calculated for each new operating day. Each 30-day 

rolling average shall represent all emissions, including emissions that occur during periods of 

startup, shut down, and malfunction; and

(11) "Operating day," a 24-hour period between 12 midnight and the following midnight 

during which any fuel is combusted at any time in the unit. It is not necessary for fuel to be 

combusted the entire 24-hour period.

Source: 37 SDR 111, effective December 7, 2010; 38 SDR 39, effective September 19, 

2011; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6.

74:36:21:03. Existing stationary facility defined. An existing stationary facility is any of 

the following stationary sources of air pollutants, including any reconstructed source that was not 

in operation before August 7, 1962, and was in existence on August 7, 1977, and has the potential 

to emit 250 tons per year or more of any air pollutant. In determining potential to emit, fugitive 

emissions, to the extent quantifiable, must be counted for:

(1) Fossil-fuel fired steam electric plants of more than 250 million British thermal units per 

hour heat input;

(2) Coal cleaning plants (thermal dryers);

(3) Kraft pulp mills;

(4) Portland cement plants;

(5) Primary zinc smelters;

(6) Iron and steel mill plants;

(7) Primary aluminum ore reduction plants;

(8) Primary copper smelters;

(9) Municipal incinerators capable of charging more than 250 tons of refuse per day;

(10) Hydrofluoric, sulfuric, and nitric acid plants;

(11) Petroleum refineries;

(12) Lime plants;
(13) Phosphate rock processing plants;

(14) Coke oven batteries;

(15) Sulfur recovery plants;

(16) Carbon black plants (furnace process);

(17) Primary lead smelters;

(18) Fuel conversion plants;

(19) Sintering plants;

(20) Secondary metal production facilities;

(21) Chemical process plants;

(22) Fossil-fuel boilers of more than 250 million British thermal units per hour heat input;

(23) Petroleum storage and transfer facilities with a capacity exceeding 300,000 barrels;

(24) Taconite ore processing facilities;

(25) Glass fiber processing plants; and

(26) Charcoal production facilities.

Source: 37 SDR 111, effective December 7, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6.

74:36:21:04. Visibility impact analysis. The owner or operator of a new major source or 

modification to a major source shall demonstrate to the department that the potential to emit from 

the new major source or modification to a major source will not contribute to adverse impact on 

visibility in any mandatory Class I federal area. The demonstration shall be based on visibility 

models approved in 40 C.F.R. § 51, Subpart W (July 1, 2012).

Source: 37 SDR 111, effective December 7, 2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6.

74:36:21:05. BART determination. The owner or operator of a BART-eligible source that 

emits any air pollutant which may reasonably be anticipated to contribute to adverse impact on 

visibility in any mandatory Class I federal area shall submit a BART determination. The BART 

determination shall follow the procedures outlined in 40 C.F.R. § 51, Subpart Y (July 1, 2012) and 

must be based on an analysis of the best system of continuous emission control technology 

available and associated emission reductions achievable for each BART-eligible source. In this 

analysis, the BART determination must take into consideration the technology available, the costs 

of compliance, the energy and nonair quality environmental impacts of compliance, any pollution 

control equipment in use at the source, the remaining useful life of the source, and the degree of 

improvement in visibility that may reasonably be anticipated to result from the use of such 

technology. The BART determination shall be submitted within nine months after being notified 

by the department that the existing stationary source is reasonably anticipated to contribute to 

adverse impact on visibility in any mandatory Class I federal area.

Source: 37 SDR 111, effective December 7, 2010; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6.
74:36:21:06. BART determination for a BART-eligible coal-fired power plant. The 

owner or operator of a BART-eligible coal-fired power plant may not cause or permit emissions of 

the following regulated air pollutant in excess of the following amounts:

(1) PM10 emissions in excess of 67.3 pounds per hour, which includes periods of startup 

and shutdown;

(2) PM10 emissions in excess of 0.012 pounds per million Btus, which includes periods of 

startup and shutdown;

(3) Sulfur dioxide emissions in excess of 505 pounds per hour, which includes periods of 

startup, shutdown, and malfunction;

(4) Sulfur dioxide emissions in excess of 0.09 pounds per million Btus, which includes

periods of startup, shutdown, and malfunction;

(5) Nitrogen oxide emissions in excess of 561 pounds per hour, which includes periods of 

startup, shutdown, and malfunction; and

(6) Nitrogen oxide emissions in excess of 0.10 pounds per million Btus, which includes

periods of startup, shutdown, and malfunction.

Compliance with the PM 10 emission limits shall be based on an annual stack performance 

test using the performance testing methods in § 74:36:11:01 and using the average of three 1-hour 

test runs. Compliance with the sulfur dioxide and nitrogen oxide emission limits shall be based on 

using continuous emission monitoring systems and a 30-day rolling average.

Source: 37 SDR 111, effective December 7, 2010; 38 SDR 39, effective September 19, 

2011.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6.

74:36:21:07. Installation of controls based on visibility impact analysis or BART 

determination. The owner or operator of a new major source, modification to a major source, or a 

BART-eligible source that emits any air pollutant which may reasonably be anticipated to 

contribute to adverse impact on visibility in any mandatory Class I federal area shall install, 

operate, and maintain the controls established in a visibility impact analysis or BART 

determination. The owner or operator of a new major source or modification to a major source 

must install and operate the controls established in a visibility impact analysis at initial startup. The 

owner or operator of a BART-eligible source required to install BART must install, operate, and 

demonstrate compliance with BART as expeditiously as practicable, but no later than five years 

from EPA's approval of the state implementation plan for regional haze.

Source: 37 SDR 111, effective December 7, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6.
74:36:21:08. Operation and maintenance of controls. The owner or operator required to 

install and operate controls established in a visibility impact analysis or BART determination shall 

establish written procedures to ensure the control equipment is properly operated and maintained. 

The written procedures shall include, at a minimum, the following:

(1) A maintenance schedule for each control device that is consistent with the 

manufacturer's instructions and recommendations for routine and long-term maintenance;

(2) Procedures for the proper operation and maintenance of each control device; and

(3) Parameters to be monitored to determine each control device is being operated properly.

Source: 37 SDR 111, effective December 7, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6.

74:36:21:09. Monitoring, recordkeeping, and reporting. The owner or operator required 

to install and operate controls established in a visibility impact analysis or BART determination 

shall conduct periodic monitoring, recordkeeping, and reporting. All sulfur dioxide and nitrogen 

oxides emissions from the BART-eligible source shall be routed to the main stack of a BARTeligible source. The owner or operator of a BART-eligible source shall install, certify, maintain, 

calibrate, and operate a continuous emission monitoring system for sulfur dioxide and nitrogen

oxide in accordance with 40 C.F.R. Part 75 (July 1, 2012), except the recordkeeping and reporting 

requirements for the continuous emission monitoring systems shall be in accordance with 40 

C.F.R. § 60.7 (July 1, 2012). Monitoring and related recordkeeping and reporting requirements for 

other air pollutants from a BART-eligible source or from a major source or modification of a major 

source shall consist of at least the following:

(1) All emissions monitoring and analysis procedures, alternative approved methods, or test 

methods required in determining compliance with §§ 74:36:21:04 and 74:36:21:06;

(2) As necessary, documentation of the use, maintenance, and if appropriate, installation of

monitoring equipment or methods;

(3) Documentation of the following:

(a) The date, place, and time of sampling or measurements;

(b) The date or dates analyses were performed;

(c) The company or entity that performed the analyses;

(d) The analytical techniques or methods used;

(e) The results of such analyses; and

(f) The operating conditions as existing at the time of sampling or measurement;

(4) Recordkeeping and reporting requirements that comply with the following:

(a) Submission of reports of any required monitoring must occur at least every six 

months. Reports must clearly identify all exceedances with §§ 74:36:21:04 and 74:36:21:06. All 

required reports must be certified by a responsible official; and
(b) Exceedances of §§ 74:36:21:04 and 74:36:21:06, including those attributable to upset 

conditions. The probable cause of such exceedance and any corrective actions or preventive 

measures taken must be promptly reported and certified by a responsible official; and

(5) Requirements for retention of monitoring records and all supporting documentation for 

at least five years from the date of the monitoring sample, measurement, report, or application.

Source: 37 SDR 111, effective December 7, 2010; 38 SDR 39, effective September 19, 

2011; 39 SDR 219, effective June 25, 2013.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6.

74:36:21:10. Permit to construct. The owner or operator subject to this chapter may be 

issued a permit to construct in accordance with chapter 74:36:20 if the department determines that 

the new major source or modification to a major source does not contribute to adverse impact on 

visibility at a mandatory Class I federal area.

Source: 37 SDR 111, effective December 7, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6.

74:36:21:11. Permit required for BART determination. The owner or operator of a 

BART-eligible source shall submit an application in accordance with chapter 74:36:20 to include 

the controls, emission limits, monitoring, recordkeeping, and reporting requirements identified in 

the BART determination and approved by the department.

Source: 37 SDR 111, effective December 7, 2010.

General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6.

74:36:21:12. Federal land manager notification and review. The department shall 

provide written notice to the federal land manager of a BART determination or any permit 

application for a new major source or modification to a major source if the emissions from which 

may contribute to adverse impact on visibility at a mandatory Class I federal area, except for an 

application submitted in accordance with chapter 74:36:09 or 74:36:10. A notification of a BART 

determination shall include a copy of the BART determination and must be submitted within 30 

days of receipt of a complete BART determination. The department shall consider an analysis 

performed by the federal land manager submitted within 60 days of the federal land manager being 

notified of a BART determination or by the end of the public participation process, whichever is 

later. A permit application for a new major source or modification to a major source shall include a 

copy of the permit application and visibility impact analysis. The department shall consider an 

analysis performed by the federal land manager submitted within 30 days of the federal land 

manager being notified of a visibility impact analysis or by the end of the public participation 

process, whichever is later. The department shall follow the procedures outlined in chapter 

74:36:09 or 74:36:10 for an application submitted in accordance with chapter 74:36:09 or 

74:36:10.

Source: 37 SDR 111, effective December 7, 2010.
General Authority: SDCL 34A-1-6.

Law Implemented: SDCL 34A-1-6.