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 t o 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), p ublication 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 space d ; (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 incorpo rated 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

- 6.542

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 op en 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 i s specifically continued to take additional comments. 

### Adoption proces s: 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 S DCL 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 Fo rm 11 and original certificate Form 13 , with the SDCL 1

- 26

- 4.3 Secretary of State i f the agency has appeared before the Rules Committee 1

- 26

- 6(1) and mi nutes 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. 

### Effe ctive 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 , 1 4 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 fro m 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 mult iperson 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 d etailed 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 co mpliance 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, 2013Heidt, 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

1deletions 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

2Heidt, 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:

1Marlys 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

2Heidt, 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

1deletions 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

2Heidt, 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:

1Marlys 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

2Heidt, 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:

1Marlys 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

2Heidt, 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:

1Marlys 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

2Heidt, 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:

1Marlys 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

2Heidt, 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

1deletions 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

2Heidt, 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:

1Marlys 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

2Heidt, 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:

1Marlys 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

2Heidt, 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:

1Marlys 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

2Heidt, 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:

1Marlys 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

2Heidt, 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:

1Marlys 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

2Heidt, 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:

1Marlys 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

2Heidt, 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:

1Marlys 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

2Heidt, 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:

1Marlys 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

2Heidt, 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:

1Marlys 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

2April 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** associatedwith"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
EnclosureApril 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
EnclosureApril 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 associatedwith"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
EnclosureARTICLE 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 modificat ions.
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 spec ifies 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

co ntrol 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 sour ce," 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 federal ly 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 E nvironment;

(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 Amendm ents," 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 ambi ent 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 allowanc es 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 revie w;

(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 en forceable 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 Agen cy;

(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 appro ved 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 descri bed 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 develope d pursuant to this article, those appearing in 40 C.F.R. §§ 60 and 61 ( July1, 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 Jul y 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 desig ner'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 polluti on 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 o f 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 a mbient 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 a ny 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 th e 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 s olids 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 micr ometers 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

co mments, 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," sma ll 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 po llutant 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
mai ntenance 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 Ac t 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 materia ls;

(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, 20 09 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; trans ferred 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 revi sions 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 A ir 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 A ct;

(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 op erating 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 curtailme nt 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 m unicipal 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 wh ich 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 un der 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. § 52.2 1 ( 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 a ir 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, e ffective 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 Imp lemented: 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 ).So urce: 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 J une 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 ( J uly 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

Section74:36:03:01 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 att aining 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, eff ective 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 epi sode 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 p ermit 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 no ncompliance

-- 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 o r 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 practic e 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 reason able 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 § 34:10:01:08.0 2; 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, 1 989; 17 SDR 170, effective May 13, 1991; transferred from § 74:26:01:12, 19 SDR 157, effective April 22, 1993; 21 SDR119, 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 an d 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, 198 7; 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
loc ated. 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 mod ification; a statement that a person may submit comments or contest the draft permit within 30 days after the publication ofthe notice; describe the procedures a person must follow to contest the draft permit and request a

hearing in accordance with artic le 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 SD R 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, 198 7; 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

- 2 7, 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 wri ting, 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 writte n 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 f or 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
5 0, 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.
L aw 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
dr aft 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 theprovisions of article 74:09 and be received by the department within 3 0 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 p resent 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, 198 0; 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.
Gen eral 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 o n 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 t he 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 re quirements 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 challen ged; 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, pe rmit 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 compl iance.

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 p ermits 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 perm it 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 Permi t 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 pe rmit 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 per mits.
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 ope rating 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 w ith 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, eff ective 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

- 1 9, 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 perio d 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 co ntain:

(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 expi re;

(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 requ irements 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 per mit 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) Monitor ing 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 pr ocedures 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
releva nt 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

measuremen ts;

(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 deviati ons 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 o f 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 yea rs 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 a ny 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) Provision s 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 an d 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 c onditions 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 andmust ensure that the terms and condition s 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 condition s 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 parameter s 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 dep artment; 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 emis sions 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 Cl ean 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 2 07, 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 reque sted 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

me ans 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 not ification 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 per mit 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, 1 993; 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 int ervene 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 § 74:36:05:1 7.

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 sha ll 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 P ERFORMANCE 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.

7 4:36:07:06.01 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 Standard s 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 befor e 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 pl ants.
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 indus try (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 furna ces.
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 existin g 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 co llection 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 recordk eeping.
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 whic h 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 pe rformance 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 pla nt.
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

decarburi zation 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.
74:36:0 7:68 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 perfo rmance 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 performan ce 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 refine ries.
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
modifica tion 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 i nternal 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 unit s.

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 8 8, 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, 2 000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010. General Authority: SDCL 34A

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- 6. Law Implemented: SDC L 34A

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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, effect ive June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010. General Authority: SDCL 34A

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- 6.
Law Implemented: SDCL 34A

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74:36:07:03. Standards of performance for electric utility steam generators. Thestandards 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 2 9, 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

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- 6. Law Implemented: SDCL 34A

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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 uni ts 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

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- 6.

Law Implemented: SDCL 34A

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- 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

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- 6. Law Implemented: SDCL 34A

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- 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, 19 95; 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

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- 6. Law Implemented: SDCL 34A

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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 hospit al/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 writte n notification shall inform the department of when the unit will be shutdown. Theshutdown 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/medica l/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 in stallation 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, 2 009)

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 2 8,
2010. General Authority: SDCL 34A

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- 6. Law Implemented: SDCL 34A

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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, effe ctive September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28,
2010. General Authority: SDCL 34A

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- 6. Law Implemented: SDCL 34A

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- 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

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- 6. Law Implemented: SDCL 34A

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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

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- 6.

Law Implemented: SDCL 34A

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.

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

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- 6. Law Implemented: SDCL 34A

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74:36:07:09. Standards of performa nce 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

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- 6. Law Implemented: SDCL 34A

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- 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 § 74:26:13:0 5, 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, effecti ve June 13, 2007; 36 SDR 207, effective June 28, 2010. General Authority: SDCL 34A

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- 6. Law Implemented: SDCL 34A

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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 reas on 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: 1 4 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

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- 6. Law Implemented: SDCL 34A

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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 th e 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, effectiveDecember 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, effect ive June 13, 2007; 36 SDR 207, effective June 28, 2010. General Authority: SDCL 34A

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- 6. Law Implemented: SDCL 34A

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- 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 modificatio n 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 oblig ation 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;

trans ferred 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, 2 005; 32 SDR209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June

28, 2010. General Authority: SDCL 34A

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- 6. Law Implemented: SDCL 34A

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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

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- 6. Law Implemented: SDCL 34A

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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, effectiveJanuary 5, 1995; 23 SDR 106, effective December 29, 1996; 30 SDR 26, effective Septembe r 1,

2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010. General Authority: SDCL 34A

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- 6. Law Implemented: SDCL 34A

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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 ). E xempted 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, 199 1; 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 Ju ne 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010. General Authority: SDCL 34A

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- 6. Law Implemented: SDCL 34A

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- 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 Ma y 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, eff

ective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010. General Authority: SDCL 34A

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- 6. Law Implemented: SDCL 34A

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74:36:07:19. Standards of performance for lime manufacturing plants. The standards of perf ormance 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, effe ctive 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; 3 6 SDR 207, effective June 28, 2010.General Authority: SDCL 34A

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- 6.

Law Implemented: SDCL 34A

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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

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- 6. Law Implemented: SDCL 34A

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- 18.

74:36:07:21. Standards of performan ce 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

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- 6. Law Implemented: SDCL 34A

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- 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 11 9, 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, 2 007; 36 SDR 207, effective June 28, 2010. General Authority: SDCL 34A

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- 6. Law Implemented: SDCL 34A

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- 18.

74:36:07:22.01. Standards of performance for equipment leaks of VOC in the synthetic organic chemicals manufacturing industry for which construc tion, 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 aft er 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

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- 6. Law Implemented: SDCL 34A

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- 18.

74:36:07:23. Standards of performance for bulk g asoline 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 10 6, 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, 201 0. General Authority: SDCL 34A

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- 6. Law Implemented: SDCL 34A

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- 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, incl usive, ( 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, eff ective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010. General Authority: SDCL 34A

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- 6. Law Implemented: SDCL 34A

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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

sou rces 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 SD R 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010. General Authority: SDCL 34A

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- 6. Law Implemented: SDCL 34A

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- 18.

74 :36:07:26. Standards of performance for VOC emissions from synthetic organic chemical manufacturing industry (SOCMI) distillation operations. The standards ofperformance for VOC emissions from synthetic organic chemical manufacturing industry

(SOCMI) dis tillation 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 J une 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 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, effect ive 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 S DR 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 i n 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,
effecti ve September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 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. O perating 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, cal ibrate, 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 n ot 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 Decem ber 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 synt hetic 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.
Gene ral 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 me gagrams 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 ra te 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 Ju ne 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 land fill 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 J une 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 requir ements:

(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 oxy gen, 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; 3 6 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 mu nicipal solid wastelandfill 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 1 23, 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 Ju ne 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 l andfill 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 Ju ne 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 w aste 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, effe ctive 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 i n 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 Ju ne 13, 2006; 33 SDR 217, effective June 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 perf

ormance 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 e xisting 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 modifica tion 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, effec tive June 13, 2006; 33 SDR 217, effective June 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.
La w 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, e ffective June 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 tho se 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 modifi cation 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 pe rformance 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 Jul y 1, 2012 ).

Source: 33 SDR 217, effective June 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 st eelmaking 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 smelt ers 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. S tandards 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, 20 07; 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 3 4A

- 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, 20 12 ).

Source: 33 SDR 217, effective June 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 st andards 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

- oxyge n 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 t hose 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: S DCL 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. Th e 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.
Genera l 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 2 8, 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 Authori ty: 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 emissi ons 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, effectiv e 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 prin ting 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 2 8, 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. §§ 6 0.600 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, inclus ive, ( July 1, 2009 July 1, 2012 ).

Source: 33 SDR 217, effective June 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 a re 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 busi ness 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 c onstruction commenced after August 30, 1999, or modification orreconstruction 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 ),

So urce: 33 SDR 217, effective June 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 whic h 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 turb ines 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
JJ JJ 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 requirem ents 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 thos e 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 pro visions

-- 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 standard s 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

l eaks.
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

chromi um 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 emiss ion 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 manufacturin g 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 impoundmen ts.
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 pr oduction 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 treat ment 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 standa rds 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 heat ers.
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 em ission 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

- s ite 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 re covery 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 achiev able 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 fibergla ss 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 producti on
-- 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 fo r 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 f or 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 standar ds 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 sta ndards 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 p olyurethane 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 em ission 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 st andards 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 a rea 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 ar ea 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 polishin g 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, copp er, 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 s ources.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 chemic al 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; 2 3 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 January2, 2005; 32 SDR 209, effective June 13, 2006; 33 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, 19 91; 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 Septemb er 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 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 2 07, 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 S DR 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 ai r 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, effecti ve 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, effecti ve 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 Au thority: 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 4 0 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 othe r 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 I mplemented: 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 s tandards 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 s ubject 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. Exemp ted 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 so urces, § 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 Subpar t 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.So urce: 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, effecti ve 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 2 9, 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 aPart 70 operating permit for a reason other than the source is subject to Subpa rt 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 standa rds 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.
Ge neral 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, 2 006; 33 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

-- l evel 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 2 6, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 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: S DCL 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 p rocess. 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. Na tional 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 por tland 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 publis hing 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 sta ndards 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 SD R 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 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, 2 012 ).

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 2 6, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 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: 3 0 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 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, 3 4A

- 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 standar ds 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. T he 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, e ffective 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 te st 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 a nd 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 A uthority: 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 J une 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, 20 10. 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
comb ustion 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 Implemente d: 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, 3 4A

- 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 co ke 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. Na tional 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 g roup 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.

74:36:0 8:46. National emission standards for epoxy resins production and non

- nylon polyamides production. The national emission standards for epoxy resins production and non

nylon 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 Impl emented: 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 ).

So urce: 33 SDR 217, effective 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 emissio n 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 Implemen ted: 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 stan dards 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: SD CL 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: 3 3 SDR 217, effective 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 f or 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 st and

- 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 Imp lemented: 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 plant s 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.
G eneral 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
nation al 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 Implemente d: 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 wo ol 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, eff ective 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 polyol s 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. Nation al 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 2 8, 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,
2 009 July 1, 2012 ).

Source: 33 SDR 217, effective 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 silicomanganes e. 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 Authorit y: 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 produc ts.

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 ( Ju ly 1, 2009 July 1, 2012 ).

Source: 33 SDR 217, effective 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, Su bpart 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 o f 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 fab rics 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 s tandards 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 lea ther 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, 2 007; 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 stand ards 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 34 A

- 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 emissio n 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: SDC L 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 standard s 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 SD R 217, effective 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, 201 2 ). 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 DDDDD D. 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. Natio nal 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: SDC L 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 toSubpart 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 uni t 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 mee t 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 t o 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 app licable 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 i s 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 Aut hority: 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 sourc es 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 operati ng 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 ( Jul y 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 sub ject 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 Au thority: 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 compound s 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 operatin g 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: SDC L 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 othe r 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 s ources 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 ope rating 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, effectiv e 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 th ose 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, effec tive 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 sou rces 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 opera ting 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 Jul y 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 Subpa rt 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 fe rroalloys 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 o bligation 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 YYYYY Y.

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 standar ds 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, co mmercial, 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 Subpar t 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 su bject to Subpart AAAAAAA. Exempted sources must still meet the applicable requirements in Subpart AAAAAAA.

Source: General Authority: SDCL 34A
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- 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 e mission 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 pe rmit 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
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- 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).

S ource: 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
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- 6. Law Implemented: SDCL 34A
- 1
- 18.

CHAPTER 74:36:09

PREVENTION OF SIGN IFICANT 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 in40 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 t he 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 foll owing 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 "admin istrator" 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 Nati onal 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 th e 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 acti vity(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 proje cts 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 admi nistrator 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, effectiv e June 13, 2007; 36 SDR 207, effective June 28, 2010; 37 SDR 182, effective April 20, 2011. General Authority: SDCL 34A

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- 6, 34A

- 1

- 18. Law Implemented: SDCL 34A

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- 18.

74:36:09:03. Public participation. For the purposes of this chapter, the state's pub lic 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
"administra tor" 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 notic e 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 SD R 207, effective June 28, 2010. General Authority: SDCL 34A

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- 6, 34A

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- 18. Law Implemented: SDCL 34A

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- 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 sour ce 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

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- 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 ob tain 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, effecti ve September 1, 2003; 31 SDR 101, effective January 2, 2005; 36 SDR 207, effective June 28, 2010. General Authority: SDCL 34A

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- 6, 34A

- 1

- 21. Law Implemented: SDCL 34A

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- 6, 34A

- 1

- 21.

Note: The procedural requirements for obtaining a preconstruction perm it under the new source review program are similar to the procedural requirements for a Part 70 source, such as atimely and complete application, completeness review, statement of basis, public participation,

and departmental recommendation, as outlined i n §§ 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 facilitie s 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, re sulting 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 deter mined 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 o r 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
ful ly 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 accomp any 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 Ju ly 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 SDR129, 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 Authorit y: SDCL 34A

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- 6. Law Implemented: SDCL 34A

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- 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 sou rce 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 contribu te 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 SIGNIF ICANT 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

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- 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 c redit 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 i ssuance 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, 20 09 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 som e 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, fed erally 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 contro l 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 enforce able.

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 2 07, effective June 28,
2010. General Authority: SDCL 34A

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- 6, 34A

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- 21. Law Implemented: SDCL 34A

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- 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 purs uant 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 achi evable 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). Re pealed.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

Section74:36:11:01 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, 20 12 ).

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 S DR 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 op acity, 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,
1 999; 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 § 34:1 0:03:03, 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 bythe 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 Ju ly 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 J une 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 Compl iance 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.

So urce: 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: SDC L 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 m ay 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 1 01, 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, an y 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 spec ified 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

s ection.

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 Jul y 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 PROGRAMSection

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 tria l 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 purpose s 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 Janua ry 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 Implemen ted: 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 Ap pendixes 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,
effe ctive 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 S DR 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 Notic e 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 year s.

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 d escription 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 inclu de 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 th e 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

boar d 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 noncomplian ce 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 n ot 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
d etermine 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 owne r 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 mini mum 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) Foreca sted 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 nonc ompliance
-- 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 so urce. 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 Implem ented: 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 c ontents 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 con struction 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 Construc tion 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
bas ed 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 specificatio ns, 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 con test the draft permit within 30 days after thepublication 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 th e 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 pe rmit 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, t he 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

- 2 7, 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 wit h 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 fin al 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. C ontents 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) Th e 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 a nd 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 necessa ry 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

Section74:36:21:01 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 98 th percentile(eighth highest value) of the modeling results, based on one year of the three years of

meteo rological 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 mi llion 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 inpu t 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.

S ource: 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
modificatio n to a major source shall demonstrate to the department that the potential to emitfrom 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 shal l 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 o wner 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 BART

eligi ble 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, th e 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 depart ment 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: SD CL 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 rep orting. 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 c ontinuous 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 acco rdance 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 BART

eligible source or from a major source or modification of a major source shall consist of at leas t 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 perfo rmed 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 wi th 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 offi cial; 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 res ponsible 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 ResourcesIN 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 ResourcesSMALL 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 submitformQuestions 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 law0 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).

2c. 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:

3ADMINISTRATIVE 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 

# fIN 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: 773-4213IN 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 FO R MINOR SOURCES
................................ ............... 3 6.0 CHAPTER 74:36:05

– OPERATING PERMITS FO R PART 70 SOURCES
................................ .............. 3 7.0 CHAPTER 74:36:07

– NEW SOURCE PERFORMAN CE STANDARDS
................................ .................. 4 7.1 74:36:07:91

– S TANDARDS OF PERFORMANCE FOR NITR IC ACID PLANTS FOR W HICH CONSTRUCTION , RECONSTRUCTION , OR MODIFICATION COMM ENCED AFTER O CTOBER 14, 2011

................................ ...................... 5 7.2 74:36:07:92

– S TANDARDS OF PERFORMA NCE FOR NEW SEWAGE S LUDGE INCINERATION U NITS

................... 5 8.0 CHAPTER 74:36:08

– NATIONAL EMISSION ST ANDAR DS FOR HAZARDOUS AIR POLLUTANTS
................................ ................................ ................................ ................................ ............................ 5 8.1 74:36:08:122

– N ATIONAL EMISSION STA NDARDS FOR COAL - AND OIL - FIRED ELECTRIC UTILI TY STEAM GENERATING UNITS

................................ ................................ ................................ ................................ ....................... 7 8.2 74:36:08:123

– N ATIONAL EMISSION STA NDARDS FOR INDUSTRIA L , COMMERCIAL , AND INSTITUTIONAL BOILERS AREA SOURCES

................................ ................................ ................................ ................................ ............... 7 8.3 74:36:08:124

– N ATIONAL EMISSION STA NDARDS FOR CHEMICAL MANUFACTURING AREA S OURCES

............ 7 8.4 74:36:08:125

– N ATIONAL EMISSION STA NDARDS FOR ASPHALT P ROCESSING AND ASPHAL T ROOFING MANUFACTURING AREA S OURCES

................................ ................................ ................................ ................................ 8 8.5 74:36:08:126

– N ATIONAL EMISSION STA NDARDS FOR CHEMICAL PREPARATIONS INDUSTR Y AREA SOURCES 8 8.6 74:36:08 :127

– N ATIONAL EMISSION STA NDARDS FOR PAINT AND ALLIED PRODUCTS MANU FACTURING AREA SOURCES

................................ ................................ ................................ ................................ .............................. 8 8.7 74:36:08:128

– N ATIONAL EMISSIO N STANDARDS FOR PREP ARED FEEDS MANUFACTU RING AREA SOURCES

................................ ................................ ................................ ................................ ................................ ........ 8 8.8 74:36:08:129

– N ATIONAL EMISSION STA NDARDS FOR GOLD MINE ORE PROCESSING AND PRODU CTION AREA SOURCES

................................ ................................ ................................ ................................ ................................ ........ 8 8.9 74:36:08:130

– N ATIONAL EMISSION STA NDARDS FOR POLYVINYL CHLORIDE AND COPOLYM ERS PRO DUCTION

................................ ................................ ................................ ................................ ................................ . 8 9.0 CHAPTER 74:36:09

– PREVENTION OF SIGNIF ICANT 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 E MISSIONS
................................ ............................. 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 STAT E FACILITIES IN THE RAPID CITY AREA 11 16.0 CHAPTER 74:36:20

– CONSTRUCTION PERMITS FOR NEW SOURCES OR M ODIFICATIONS 12 17.0 CHAPTER 74:36:21

– REGIONAL HAZE PROGRA M
................................ ................................ ........ 121



### 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 imple ment 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 det ermine 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 delegatio n 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 fo r 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 f or 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 r eferenced 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 E nvironment 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 F ebruary 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 98 th 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 99 th 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 followin g 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 SI P. 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 u nable 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 inc luded 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 signe d house bill 1059 title d “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 th e regulations. T he 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 pro gram, 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 fede ral regulation is proposed to be updated to the most current version of the federal reference of July 1, 2012. This revision will update any minor4

inconsistency between South Dakota’s SIP and EPA’s federal regulations as of July 1, 2012. These changes ma y 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 signe d 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 n ew 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 refe rence. 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 regulati ons 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. Standa rds 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 f ederal 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 versio n 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. 7 4:36:08:113; 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. Nationa l 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 manuf acturing 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 standard s 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 pollutant s 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 fede ral 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 Dakota8

(Huron and Aberdeen), Redfield Energy, and Dakota Ethanol. DENR is proposing to adopt this federal standard by referenc e. 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 industr y 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 a dopt 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 al lied 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 manufa cturing 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 b e 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 emis sion 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 C FR 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 product ion9

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 regulati ons 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 da te 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. T hese 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 un it 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 cont rol 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 b etween 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 u pdate 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 per iods 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 sect ion 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 74:3 6:13:07 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 minor11

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 Pro gram 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 da te 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. T hese 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, t he Governor of South Dakota signe d 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 si 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 74:3 6:20

– 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 regu lation 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 obs erved in the following section:
1. 74:36:20:05. On March 12, 2013, the Governor of South Dakota signe d 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 Program2 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 emiss ion 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 tradin g 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 define d.
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 define d.
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 writt en 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 r ain 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 Agen cy 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 requir ements 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 Soci ety 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 operato r 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 establis hes 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 amou nt 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 1 12(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, locat ed 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 b elong 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 ( July9

1, 2009 July 1, 2012 ), requirements within the state implementation plan, and permit requirements establ ished 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 operati ng 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 stac k 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 ma terial;

(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 ope ration, 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 t he 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 chimne y;

(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 physi cally 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 meet s 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," particul ate 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 a fter 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 contro l 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) "Tit le 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 Cl ean 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; and15

(7 3) "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; tra nsferred 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, e ffective 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 so urce, 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 implemen ts 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 thr ough 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, re porting, 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 requirem ent 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
de termined 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 te mporary 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
Ju ne 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 und er 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 a ir 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 Im plemented: 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 b y 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
de partment 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, e ffective 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 req uirements. 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, 2 010. General Authority: SDCL 34A

- 1

- 6, 34A

- 1

- 15. Law Implemented: SDCL 34A

- 1

- 15.

CHAPTER 74:36:03

AIR QUALITY EPISODES

Section23

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

po llutants 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 dep artment 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 renewal s.
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 P ermit 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 Require ments 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 permi t 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 Notic e 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 wil l 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 engi neering 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 SDR27

119, effective January 5, 1995; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 36 SDR 207, eff ective 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 f

rom § 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 of28

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; tra nsferred 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 t hat 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 thi s 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 r eceived 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, effe ctive 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 departme nt's draft permit. Such petitions must comply with the30

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 O ctober 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. Co ntents 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 per mit; (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, in cluding 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 se verability 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 t o 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; tra nsferred 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 Aut hority: 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 actio n 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 permi t.
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 Adm inistrative 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 perm it 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 o n 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
Performanc e 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 A AA. Exempted sources must still meet the applicable requirements in Subpart AAA; or36

(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 obtai n 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.
Genera l 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 Dece mber 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, effectiv e 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 perio d 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 co ntain:

(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 expi re;

(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 requ irements 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 per mit 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) Monitor ing 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 pr ocedures 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
releva nt 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

measuremen ts;

(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 deviati ons 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 o f 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 yea rs 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 a ny 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) Provision s 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 an d 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 c onditions 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 and43

must ensure that the terms and condition s 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 condition s of the permit;

(3) Inspect at reasonable times any facilities, equipment, practices, or operations regulated or required under the permit; and44 (4) As authorized by the Clean Air Act, sample or monitor at reasonable times substances or parameter s 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 dep artment; 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 emis sions 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 Cl ean 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 2 07, 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 c onditions:

(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 perm it. 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 affecte d 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 A uthority: 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 performan ce 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 whi ch 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 performa nce 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 gr aphic 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 f or 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 Complian ce 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.
74:36:07:46.0 1 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 bas ic 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 pe rformance 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 plan t.
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 Standard s 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 pe rformance 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 ind ustrial 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 bevera ge 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 perf ormance 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 equipmen t 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 coa ting 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 St andards 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 ot her 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 cons truction,

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 2 09, effective June 13, 2006; 33 SDR 217, effective June 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 Jan uary 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 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 ut ility steam generators. The55

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, 19 95; 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/med ical/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 noti fication shall inform the department of when the unit will be shutdown. The58

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/infe ctious 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 7 0 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 m ajor 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 installa tion 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)

w ithin 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 2 8,
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, effe ctive September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 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, 20 00; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 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 pe rformance 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 3 4A

- 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 Novembe r 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, effect ive January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 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 vess els 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, i nclusive, ( 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, 1 995; 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. §§ 60.110 a 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: SDC L 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, or64

modification commenced after July 23, 1984. The standards of performanc e 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. §§ 60.110 b 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, 2 010. 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 3 4A

- 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 ). Ex empted 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 Jun e 13, 2006; 33 SDR 217, effective June 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, effective67

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 § 74:26:1 8:10, 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, effe ctive June 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, effectiv e 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

co ating 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 leaks69

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, Subp art 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 bu lk 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 1 57, 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 petrol eum 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 permi t 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,
effectiv e January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 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 t o 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 o f 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 N ovember 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, effe ctive September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 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, effe ctive June 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 performanc e 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, eff

ective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, 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 manuf

acturing 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 Ju ne 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
i n 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, inc lusive:

(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 mil lion 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 10 6, 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,
200 7; 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 J une 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 requir ements:

(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 oxy gen, 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; 3 6 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 mu nicipal 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 Ju ne 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 l andfill that meets the requirements of78

§ 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 o wner 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 1 06, 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,
20 07; 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 lan dfill 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, ef fective 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 munic ipal 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 con sidered 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, 20 12 ).

Source: 33 SDR 217, effective June 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, reconst ruction, or modification82

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 p roduction 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 J uly 1, 2012 ).

Source: 33 SDR 217, effective June 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 smelt ers 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. S tandards 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, 20 07; 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 perfo rmance 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 Implemente d: 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 2 17, effective June 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 a re 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. Standa rds 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, eff ective 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, inclusiv e, ( 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 tr uck 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; 3 6 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. §§ 60.4 00 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, 20 10. 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 perf ormance 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 Jun e 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
manufact ure 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 21 7, effective June 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 tir e 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, ( Ju ly 1, 2009 July 1, 2012 ).

Source: 33 SDR 217, effective June 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 coatin g 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 Autho rity: 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, reconstruc tion, 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 J une 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 proce ss. The standards of performance94

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 20 7, 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 onsh ore 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 sys tem. 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 Aut hority: 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 J uly 1, 2012 ).

Source: 33 SDR 217, effective June 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 f

or which construction commenced after November 30, 1999, or97

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, 200 9 July 1, 2012 ).

Source: 33 SDR 217, effective June 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
wh ich 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 the98

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 turb ines 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
JJ JJ 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 requirem ents 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, 201 2).

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 POLLUTANTS100

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 Emissi on 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

-- Na tional 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 org anic 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 electr oplating 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 stand ards 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 operati ons.
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 Nati onal 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 work s.
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.
74:36:0 8:31 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 e ngine 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.
74:3 6:08:42 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 st andards 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

- si te 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 rec overy 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 achieva ble 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 e mission 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 fiberglas s 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 producti on
-- 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 fo r 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 f or 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 standar ds 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 sta ndards 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 p olyurethane 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 em ission 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 st andards for carbon black production area sources.
74:36:08:111 National emission standards for chemical manufacturing area sources

--

Chromium compounds.1 07

74:36:08:112 National emission standards for flexible polyurethane foam production and

fabrication a rea 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 ar ea 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 polishin g 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, copp er, 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 s ources. 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 em ission 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; 2 3 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, 19 91; 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 Septemb er 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 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 2 07, 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 S DR 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 ai r 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, effecti ve 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, effecti ve 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 Au thority: 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 4 0 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 othe r 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 I mplemented: 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 s tandards 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 synth etic 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, sto rage 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 I mplemented: 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 1 23, 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 tank s. 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.

Sour ce: 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 operating116

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 permi t 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 Ju ne 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 st ations). 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. Exemp ted 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 woo d 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 Autho rity: 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 t hose 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: S DCL 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 p rocess. 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. Na tional emission standards for equipment leaks. The national emission standards for equipment leaks

-- control level 1 are those in 40 C.F.R. § 63, Subpart TT122

( 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 publis hing 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 sta ndards 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 permit124

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 SD R 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 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, 2 012 ).

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 2 6, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 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: 3 0 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 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, 3 4A

- 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 standar ds 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. T he 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, e ffective 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 te st 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 a nd 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 A uthority: 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 combustio n 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 in ternal 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 h eaters 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 standar ds 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.

74:36:0 8:44. 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 g roup 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.

74:36:0 8:46. National emission standards for epoxy resins production and non

- nylon polyamides production. The national emission standards for epoxy resins production and non

nylon 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 Impl emented: 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 ).

So urce: 33 SDR 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 emissio n 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 stan dards 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: SD CL 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: 3 3 SDR 217, effective 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 f or 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 st and

- 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 Imp lemented: 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 process137

facilities and hydrochloric acid regeneration plant s 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.
G eneral 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
nation al 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 Implemente d: 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 wo ol 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, eff ective 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 polyol s 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. Nation al 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 2 8, 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,
2 009 July 1, 2012 ).

Source: 33 SDR 217, effective 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 silicomanganes e. 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 Authorit y: 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 produc ts. 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 ( Ju ly 1, 2009 July 1, 2012 ).

Source: 33 SDR 217, effective 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, Su bpart 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 o f 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 fab rics 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 s tandards 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 lea ther 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, 2 007; 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 stand ards 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 standar ds 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, e ffective 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 emissio n 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: SDC L 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 standard s 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 SD R 217, effective 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, 201 2 ). A source that operates a unit subject to Subpart DDDDDD is exempt from152

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 DDDDD D. 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. Natio nal 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: SDC L 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 BBBBBB155

( 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 ap plicable 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 Au thority: 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 sour ces are those in 40 C.F.R. § 63, Subpart HHHHHH ( July 1, 2009156

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
operat ing 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 ( Jul y 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 sub ject 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 Au thority: 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 compound s 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 operatin g 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: SDC L 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 othe r 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 s ources 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 so urces. 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 opera ting 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 thos e 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 f or 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, effecti ve 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 ar e those in 40 C.F.R. § 63, Subpart WWWWWW ( July 1, 2009 July 1, 2012 ). A source that operates a unit subject to161

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 pe rmit 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 34 A

- 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, 20 12 ). 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 XXXX XX. 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 ferroallo ys 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 obligati on 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.

So urce: 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, co mmercial, 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 Subpar t 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 a rea sources are those in 40 C.F.R. § 63, Subpart VVVVVV (July 1, 2012). A source that operates a unit subject to164

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
AAA AAAA (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 subjec t 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 ind ustry 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 obtai n 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 sour ces 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 emis sion 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 DDDDDD D 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 requir ements 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 emis sion 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.
L aw 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 t he following
differences:

(1) For the purposes of this section, all terms defined in this section have th e 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 purp oses 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
refe rence 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 greenho use 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 Sept ember 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 tha t..." 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

pe riod" 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 the172

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 determin ation 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 revi ew 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 whi ch 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.
Gener al 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 a175

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 lo west 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 sta te 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 betwee n 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 pro ject 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 pr escribed 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 SDR177

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 J anuary 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 vio lation 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 mi nimum, 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 demo nstration 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 e mission 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 offset s shall be 4 0 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 offs et 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 c redited 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 shutdo wn 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, 20 09 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 em it 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 emiss ions 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,
20 10. 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 consid ered 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 app ly 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 purs uant 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 Janu ary 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 wh ether 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 10 1, 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 a chievable 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

Section184

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, 20 12 ).

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 S DR 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 op acity, 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,
1 999; 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 by187

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 Ju ly 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 J une 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 Compl iance 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.

So urce: 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: SDC L 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 m ay 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 1 01, 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, an y 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 spec ified 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

s ection.

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 Jul y 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 PROGRAM19 2

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 tria l 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 purpose s 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 Janua ry 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 Implemen ted: 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 Ap pendixes 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,
effe ctive 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 S DR 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 Notic e 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 year s.

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 d escription 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 inclu de 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 th e 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
boar d 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 noncomplian ce 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 n ot 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
d etermine 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 minim um 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 per mit 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: SDC L 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 requ ired.
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 draf t 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 involv ed in the permit action; a statement that a person may submit comments or contest the draft permit within 30 days after the202

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 pe rmit 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; or203

(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, t he 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

- 2 7, 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 wit h 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 fin al 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. C ontents 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) Th e 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 a nd 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 necessa ry 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

Section206

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 ener gy 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 resu lt 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 98 th per centile208

(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 f ederal 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 un it 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 a nd 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 ave rage 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 emit210

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 Auth ority: 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 m andatory 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 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. T he 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 i mpact 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 o perator 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 recordkeep ing 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 BART

eli gible 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 measure ments; (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 w ith §§ 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 mon itoring 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 24 1 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

SEALARTICLE 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-15633l1RThe 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

# dwJMr~ Notary Public in and for the County of Brookings, 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 

### 10/25/2017Daily 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
EnclosureAFFIDAVIT 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

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.................. day of

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.................. ; 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 24 1 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,."."'"'. · g.cl>· 'l'l

... ".·- -.!4=.36.:18-. (' .• g
.. ·•. '."".'""". · ... ·

.. '""

... •

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.. ·. 7<·'' •. '. :18

.. _:04•. tluO·

.. ' •.**~**

.. ·.gh.· 7.4.·

. .''

...**'.-=,~-8:06;··.·** .•.. 1"

... d 74:36:i8:10·ihrini.Rh,74:36:18:I2};··· •. ·<· ·--:··-

... · ,, ____ '·-' , . ._. -:-- -: <·'"- ·-------: , 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~E~~\~~~;ft~t~~~~~' i 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 24 1 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

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### ., 

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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 here

### ro 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 chapt 0 r 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, Ro 0 m 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 24 1 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 

# 0 er 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_ourcesSioux 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
EnclosureCU,8TOMER 

## Argus Leader NUMBER: 078340

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, 2015ARTICLE 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\vemityCen**t~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
'· ersity}; 82. •
.. N. Wash1ng\Cin; 

# I

Tech Classroom Building,

. :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 ap**oro~imate** cost Gf $135.17. f413381 1 llpri124, 2013Black 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: 10-24-2016ARTICLE 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 24 1 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 4:36:05:06 1 · 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

PROGRAMDaily 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
EnclosureAFFIDAVIT 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

20134+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, 2016Black 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 57031-0068Pete 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 55401Blaise 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 51001Linda 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 57078-9399Charlotte 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 80225-0546Jerry 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 91765Amy 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 57117Steven 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 57007CODE 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 2004July 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.usDIRECTIONS 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 FO R MINOR SOURCES
................................ ............... 3 6.0 CHAPTER 74:36:05

– OPERATING PERMITS FO R PART 70 SOURCES
................................ .............. 3 7.0 CHAPTER 74:36:07

– NEW SOURCE PERFORMAN CE STANDARDS
................................ .................. 4 7.1 74:36:07:91

– S TANDARDS OF PERFORMANCE FOR NITR IC ACID PLANTS FOR W HICH CONSTRUCTION , RECONSTRUCTION , OR MODIFICATION COMM ENCED AFTER O CTOBER 14, 2011

................................ ...................... 5 7.2 74:36:07:92

– S TANDARDS OF PERFORMA NCE FOR NEW SEWAGE S LUDGE INCINERATION U NITS

................... 5 8.0 CHAPTER 74:36:08

– NATIONAL EMISSION ST ANDAR DS FOR HAZARDOUS AIR POLLUTANTS
................................ ................................ ................................ ................................ ............................ 5 8.1 74:36:08:122

– N ATIONAL EMISSION STA NDARDS FOR COAL - AND OIL - FIRED ELECTRIC UTILI TY STEAM GENERATING UNITS

................................ ................................ ................................ ................................ ....................... 7 8.2 74:36:08:123

– N ATIONAL EMISSION STA NDARDS FOR INDUSTRIA L , COMMERCIAL , AND INSTITUTIONAL BOILERS AREA SOURCES

................................ ................................ ................................ ................................ ............... 7 8.3 74:36:08:124

– N ATIONAL EMISSION STA NDARDS FOR CHEMICAL MANUFACTURING AREA S OURCES

............ 7 8.4 74:36:08:125

– N ATIONAL EMISSION STA NDARDS FOR ASPHALT P ROCESSING AND ASPHAL T ROOFING MANUFACTURING AREA S OURCES

................................ ................................ ................................ ................................ 8 8.5 74:36:08:126

– N ATIONAL EMISSION STA NDARDS FOR CHEMICAL PREPARATIONS INDUSTR Y AREA SOURCES 8 8.6 74:36:08 :127

– N ATIONAL EMISSION STA NDARDS FOR PAINT AND ALLIED PRODUCTS MANU FACTURING AREA SOURCES

................................ ................................ ................................ ................................ .............................. 8 8.7 74:36:08:128

– N ATIONAL EMISSIO N STANDARDS FOR PREP ARED FEEDS MANUFACTU RING AREA SOURCES

................................ ................................ ................................ ................................ ................................ ........ 8 8.8 74:36:08:129

– N ATIONAL EMISSION STA NDARDS FOR GOLD MINE ORE PROCESSING AND PRODU CTION AREA SOURCES

................................ ................................ ................................ ................................ ................................ ........ 8 8.9 74:36:08:130

– N ATIONAL EMISSION STA NDARDS FOR POLYVINYL CHLORIDE AND COPOLYM ERS PRO DUCTION

................................ ................................ ................................ ................................ ................................ . 8 9.0 CHAPTER 74:36:09

– PREVENTION OF SIGNIF ICANT 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 E MISSIONS
................................ ............................. 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 STAT E FACILITIES IN THE RAPID CITY AREA 11 16.0 CHAPTER 74:36:20

– CONSTRUCTION PERMITS FOR NEW SOURCES OR M ODIFICATIONS 12 17.0 CHAPTER 74:36:21

– REGIONAL HAZE PROGRA M
................................ ................................ ........ 121



### 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 imple ment 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 det ermine 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 delegatio n 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 fo r 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 f or 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 r eferenced 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 E nvironment 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 F ebruary 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 98 th 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 99 th 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 followin g 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 SI P. 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 u nable 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 inc luded 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 signe d house bill 1059 title d “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 th e regulations. T he 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 pro gram, 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 fede ral regulation is proposed to be updated to the most current version of the federal reference of July 1, 2012. This revision will update any minor4

inconsistency between South Dakota’s SIP and EPA’s federal regulations as of July 1, 2012. These changes ma y 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 signe d 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 n ew 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 refe rence. 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 regulati ons 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. Standa rds 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 f ederal 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 versio n 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. 7 4:36:08:113; 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. Nationa l 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 manuf acturing 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 standard s 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 pollutant s 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 fede ral 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 Dakota8

(Huron and Aberdeen), Redfield Energy, and Dakota Ethanol. DENR is proposing to adopt this federal standard by referenc e. 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 industr y 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 a dopt 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 al lied 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 manufa cturing 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 b e 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 emis sion 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 C FR 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 product ion9

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 regulati ons 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 da te 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. T hese 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 un it 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 cont rol 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 b etween 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 u pdate 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 per iods 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 sect ion 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 74:3 6:13:07 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 minor11

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 Pro gram 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 da te 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. T hese 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, t he Governor of South Dakota signe d 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 si 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 74:3 6:20

– 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 regu lation 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 obs erved in the following section:
1. 74:36:20:05. On March 12, 2013, the Governor of South Dakota signe d 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 Program2 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 emiss ion 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 tradin g 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 define d.
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 define d.
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 writt en 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 r ain 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 Agen cy 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 requir ements 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 Soci ety 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 operato r 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 establis hes 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 amou nt 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 1 12(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, locat ed 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 b elong 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 ( July9

1, 2009 July 1, 2012 ), requirements within the state implementation plan, and permit requirements establ ished 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 operati ng 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 stac k 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 ma terial;

(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 ope ration, 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 t he 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 chimne y;

(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 physi cally 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 meet s 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," particul ate 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 a fter 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 contro l 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) "Tit le 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 Cl ean 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 co mpliance 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 equiv alent 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 sour ce; and15

(7 3) "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; tra nsferred 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, e ffective 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 so urce, 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 implemen ts 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 thr ough 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, re porting, 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 requirem ent 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
de termined 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 te mporary 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
Ju ne 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 und er 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 a ir 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 Im plemented: 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 b y 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
de partment 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, e ffective 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 req uirements. 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, 2 010. General Authority: SDCL 34A

- 1

- 6, 34A

- 1

- 15. Law Implemented: SDCL 34A

- 1

- 15.

CHAPTER 74:36:03

AIR QUALITY EPISODES

Section23

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

po llutants 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 dep artment 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 renewal s.
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 P ermit 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 Require ments 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 permi t 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 Notic e 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 wil l 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 engi neering 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 SDR27

119, effective January 5, 1995; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 36 SDR 207, eff ective 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 f

rom § 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 of28

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; tra nsferred 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 t hat 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 thi s 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 r eceived 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, effe ctive 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 departme nt's draft permit. Such petitions must comply with the30

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 O ctober 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. Co ntents 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 per mit; (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, in cluding 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 se verability 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 t o 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; tra nsferred 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 Aut hority: 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 actio n 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 permi t.
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 Adm inistrative 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 perm it 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 o n 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
Performanc e 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 A AA. Exempted sources must still meet the applicable requirements in Subpart AAA; or36

(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 obtai n 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.
Genera l 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 Dece mber 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, effectiv e 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 perio d 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 co ntain:

(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 expi re;

(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 requ irements 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 per mit 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) Monitor ing 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 pr ocedures 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
releva nt 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

measuremen ts;

(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 deviati ons 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 o f 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 yea rs 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 a ny 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) Provision s 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 an d 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 c onditions 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 and43

must ensure that the terms and condition s 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 condition s of the permit;

(3) Inspect at reasonable times any facilities, equipment, practices, or operations regulated or required under the permit; and44 (4) As authorized by the Clean Air Act, sample or monitor at reasonable times substances or parameter s 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 dep artment; 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 emis sions 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 Cl ean 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 2 07, 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 c onditions:

(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 perm it. 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 affecte d 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 A uthority: 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 performan ce 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 whi ch 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 performa nce 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 gr aphic 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 f or 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 Complian ce 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.
74:36:07:46.0 1 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 bas ic 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 pe rformance 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 plan t.
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 Standard s 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 pe rformance 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 ind ustrial 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 bevera ge 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 perf ormance 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 equipmen t 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 coa ting 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 St andards 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 ot her 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 cons truction,

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 2 09, effective June 13, 2006; 33 SDR 217, effective June 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 Jan uary 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 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 ut ility steam generators. The55

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, 19 95; 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/med ical/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 noti fication shall inform the department of when the unit will be shutdown. The58

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/infe ctious 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 7 0 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 m ajor 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 installa tion 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)

w ithin 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 2 8,
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, effe ctive September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 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, 20 00; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 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 pe rformance 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 3 4A

- 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 Novembe r 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, effect ive January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 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 vess els 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, i nclusive, ( 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, 1 995; 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. §§ 60.110 a 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: SDC L 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, or64

modification commenced after July 23, 1984. The standards of performanc e 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. §§ 60.110 b 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, 2 010. 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 3 4A

- 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 ). Ex empted 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 Jun e 13, 2006; 33 SDR 217, effective June 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, effective67

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 § 74:26:1 8:10, 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, effe ctive June 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, effectiv e 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

co ating 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 leaks69

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, Subp art 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 bu lk 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 1 57, 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 petrol eum 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 permi t 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,
effectiv e January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 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 t o 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 o f 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 N ovember 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, effe ctive September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 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, effe ctive June 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 performanc e 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, eff

ective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, 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 manuf

acturing 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 Ju ne 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
i n 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, inc lusive:

(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 mil lion 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 10 6, 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,
200 7; 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 J une 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 requir ements:

(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 oxy gen, 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; 3 6 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 mu nicipal 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 Ju ne 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 l andfill that meets the requirements of78

§ 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 o wner 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 1 06, 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,
20 07; 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 lan dfill 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, ef fective 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 munic ipal 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 con sidered 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, 20 12 ).

Source: 33 SDR 217, effective June 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, reconst ruction, or modification82

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 p roduction 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 J uly 1, 2012 ).

Source: 33 SDR 217, effective June 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 smelt ers 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. S tandards 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, 20 07; 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 perfo rmance 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 Implemente d: 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 2 17, effective June 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 a re 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. Standa rds 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, eff ective 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, inclusiv e, ( 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 tr uck 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; 3 6 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. §§ 60.4 00 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, 20 10. 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 perf ormance 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 Jun e 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
manufact ure 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 21 7, effective June 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 tir e 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, ( Ju ly 1, 2009 July 1, 2012 ).

Source: 33 SDR 217, effective June 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 coatin g 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 Autho rity: 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, reconstruc tion, 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 J une 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 proce ss. The standards of performance94

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 20 7, 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 onsh ore 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 sys tem. 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 Aut hority: 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 J uly 1, 2012 ).

Source: 33 SDR 217, effective June 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 f

or which construction commenced after November 30, 1999, or97

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, 200 9 July 1, 2012 ).

Source: 33 SDR 217, effective June 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
wh ich 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 the98

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 turb ines 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
JJ JJ 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 requirem ents 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, 201 2).

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 POLLUTANTS100

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 Emissi on 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

-- Na tional 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 org anic 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 electr oplating 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 stand ards 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 operati ons.
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 Nati onal 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 work s.
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.
74:36:0 8:31 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 e ngine 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.
74:3 6:08:42 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 st andards 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

- si te 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 rec overy 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 achieva ble 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 e mission 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 fiberglas s 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 producti on
-- 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 fo r 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 f or 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 standar ds 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 sta ndards 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 p olyurethane 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 em ission 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 st andards for carbon black production area sources.
74:36:08:111 National emission standards for chemical manufacturing area sources

--

Chromium compounds.1 07

74:36:08:112 National emission standards for flexible polyurethane foam production and

fabrication a rea 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 ar ea 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 polishin g 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, copp er, 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 s ources. 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 em ission 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; 2 3 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, 19 91; 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 Septemb er 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 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 2 07, 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 S DR 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 ai r 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, effecti ve 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, effecti ve 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 Au thority: 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 4 0 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 othe r 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 I mplemented: 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 s tandards 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 synth etic 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, sto rage 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 I mplemented: 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 1 23, 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 tank s. 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.

Sour ce: 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 operating116

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 permi t 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 Ju ne 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 st ations). 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. Exemp ted 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 woo d 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 Autho rity: 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 t hose 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: S DCL 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 p rocess. 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. Na tional emission standards for equipment leaks. The national emission standards for equipment leaks

-- control level 1 are those in 40 C.F.R. § 63, Subpart TT122

( 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 publis hing 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 sta ndards 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 permit124

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 SD R 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 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, 2 012 ).

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 2 6, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 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: 3 0 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 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, 3 4A

- 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 standar ds 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. T he 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, e ffective 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 te st 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 a nd 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 A uthority: 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 combustio n 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 in ternal 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 h eaters 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 standar ds 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.

74:36:0 8:44. 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 g roup 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.

74:36:0 8:46. National emission standards for epoxy resins production and non

- nylon polyamides production. The national emission standards for epoxy resins production and non

nylon 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 Impl emented: 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 ).

So urce: 33 SDR 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 emissio n 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 stan dards 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: SD CL 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: 3 3 SDR 217, effective 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 f or 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 st and

- 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 Imp lemented: 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 process137

facilities and hydrochloric acid regeneration plant s 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.
G eneral 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
nation al 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 Implemente d: 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 wo ol 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, eff ective 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 polyol s 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. Nation al 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 2 8, 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,
2 009 July 1, 2012 ).

Source: 33 SDR 217, effective 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 silicomanganes e. 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 Authorit y: 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 produc ts. 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 ( Ju ly 1, 2009 July 1, 2012 ).

Source: 33 SDR 217, effective 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, Su bpart 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 o f 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 fab rics 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 s tandards 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 lea ther 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, 2 007; 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 stand ards 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 standar ds 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, e ffective 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 emissio n 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: SDC L 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 standard s 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 SD R 217, effective 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, 201 2 ). A source that operates a unit subject to Subpart DDDDDD is exempt from152

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 DDDDD D. 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. Natio nal 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: SDC L 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 BBBBBB155

( 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 ap plicable 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 Au thority: 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 sour ces are those in 40 C.F.R. § 63, Subpart HHHHHH ( July 1, 2009156

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
operat ing 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 ( Jul y 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 sub ject 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 Au thority: 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 compound s 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 operatin g 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: SDC L 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 othe r 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 s ources 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 so urces. 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 opera ting 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 thos e 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 f or 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, effecti ve 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 ar e those in 40 C.F.R. § 63, Subpart WWWWWW ( July 1, 2009 July 1, 2012 ). A source that operates a unit subject to161

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 pe rmit 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 34 A

- 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, 20 12 ). 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 XXXX XX. 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 ferroallo ys 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 obligati on 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.

So urce: 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, co mmercial, 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 Subpar t 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 a rea sources are those in 40 C.F.R. § 63, Subpart VVVVVV (July 1, 2012). A source that operates a unit subject to164

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
AAA AAAA (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 subjec t 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 ind ustry 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 obtai n 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 sour ces 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 emis sion 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 DDDDDD D 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 requir ements 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 emis sion 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.
L aw 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 t he following
differences:

(1) For the purposes of this section, all terms defined in this section have th e 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 purp oses 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
refe rence 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 greenho use 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 Sept ember 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 tha t..." 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

pe riod" 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 the172

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 determin ation 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 revi ew 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 whi ch 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.
Gener al 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 a175

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 lo west 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 sta te 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 betwee n 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 pro ject 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 pr escribed 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 SDR177

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 J anuary 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 vio lation 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 mi nimum, 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 demo nstration 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 m ust 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
. Th e 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 4 0 C.F.R. § 51.165(a)(9)(ii) through 51.165(a)(9)(iv) (July 1, 2012) ;

(2) Ext ernal 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 exceed ed;

(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 l imit 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 involv ed 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 c redited 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 shutdo wn 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, 20 09 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 em it 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 emiss ions 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,
20 10. 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 consid ered 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 app ly 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 purs uant 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 Janu ary 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 wh ether 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 10 1, 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 a chievable 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

Section184

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, 20 12 ).

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 S DR 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 op acity, 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,
1 999; 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 by187

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 Ju ly 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 J une 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 Compl iance 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.

So urce: 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: SDC L 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 m ay 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 1 01, 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, an y 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 spec ified 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

s ection.

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 Jul y 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 PROGRAM19 2

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 tria l 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 purpose s 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 Janua ry 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 Implemen ted: 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 Ap pendixes 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,
effe ctive 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 S DR 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 Notic e 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 year s.

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 d escription 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 inclu de 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 th e 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
boar d 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 noncomplian ce 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 n ot 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
d etermine 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 minim um 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 per mit 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: SDC L 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 requ ired.
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 draf t 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 involv ed in the permit action; a statement that a person may submit comments or contest the draft permit within 30 days after the202

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 pe rmit 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; or203

(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, t he 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

- 2 7, 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 wit h 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 fin al 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. C ontents 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) Th e 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 a nd 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 necessa ry 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

Section206

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 ener gy 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 resu lt 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 98 th per centile208

(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 f ederal 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 un it 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 a nd 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 ave rage 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 emit210

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 Auth ority: 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 m andatory 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 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. T he 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 i mpact 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 o perator 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 recordkeep ing 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 BART

eli gible 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 measure ments; (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 w ith §§ 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 mon itoring 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

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DAKOTA STATE UNIVERSITY MADISON

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STATE CAPITOL BUILDING PIERRE

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UNIVERSITY OF SOUTH DAKOTA VERMILLION

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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

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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 Pierre, South Dakota June 4, 2013 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 allowancesand 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.

2Senator 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).

3IN 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 57301The 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

Oclober26,2016Heidt, 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.

1May22, 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
EnclosuresHeidt, 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.

1May22, 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
EnclosuresHeidt. 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.

1May22, 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
EnclosuresHeidt, 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.

1May22,2013

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
EnclosuresMay22,2013

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
EnclosuresMay 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 amendment s 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 Co mmittee 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 hoffRules 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 FO R MINOR SOURCES
................................ ............... 3 6.0 CHAPTER 74:36:05

– OPERATING PERMITS FO R PART 70 SOURCES
................................ .............. 3 7.0 CHAPTER 74:36:07

– NEW SOURCE PERFORMAN CE STANDARDS
................................ .................. 4 7.1 74:36:07:91

– S TANDARDS OF PERFORMANCE FOR NITR IC ACID PLANTS FOR W HICH CONSTRUCTION , RECONSTRUCTION , OR MODIFICATION COMM ENCED AFTER O CTOBER 14, 2011

................................ ...................... 5 7.2 74:36:07:92

– S TANDARDS OF PERFORMA NCE FOR NEW SEWAGE S LUDGE INCINERATION U NITS

................... 5 8.0 CHAPTER 74:36:08

– NATIONAL EMISSION ST ANDAR DS FOR HAZARDOUS AIR POLLUTANTS
................................ ................................ ................................ ................................ ............................ 5 8.1 74:36:08:122

– N ATIONAL EMISSION STA NDARDS FOR COAL - AND OIL - FIRED ELECTRIC UTILI TY STEAM GENERATING UNITS

................................ ................................ ................................ ................................ ....................... 7 8.2 74:36:08:123

– N ATIONAL EMISSION STA NDARDS FOR INDUSTRIA L , COMMERCIAL , AND INSTITUTIONAL BOILERS AREA SOURCES

................................ ................................ ................................ ................................ ............... 7 8.3 74:36:08:124

– N ATIONAL EMISSION STA NDARDS FOR CHEMICAL MANUFACTURING AREA S OURCES

............ 7 8.4 74:36:08:125

– N ATIONAL EMISSION STA NDARDS FOR ASPHALT P ROCESSING AND ASPHAL T ROOFING MANUFACTURING AREA S OURCES

................................ ................................ ................................ ................................ 8 8.5 74:36:08:126

– N ATIONAL EMISSION STA NDARDS FOR CHEMICAL PREPARATIONS INDUSTR Y AREA SOURCES 8 8.6 74:36:08 :127

– N ATIONAL EMISSION STA NDARDS FOR PAINT AND ALLIED PRODUCTS MANU FACTURING AREA SOURCES

................................ ................................ ................................ ................................ .............................. 8 8.7 74:36:08:128

– N ATIONAL EMISSIO N STANDARDS FOR PREP ARED FEEDS MANUFACTU RING AREA SOURCES

................................ ................................ ................................ ................................ ................................ ........ 8 8.8 74:36:08:129

– N ATIONAL EMISSION STA NDARDS FOR GOLD MINE ORE PROCESSING AND PRODU CTION AREA SOURCES

................................ ................................ ................................ ................................ ................................ ........ 8 8.9 74:36:08:130

– N ATIONAL EMISSION STA NDARDS FOR POLYVINYL CHLORIDE AND COPOLYM ERS PRO DUCTION

................................ ................................ ................................ ................................ ................................ . 8 9.0 CHAPTER 74:36:09

– PREVENTION OF SIGNIF ICANT 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 E MISSIONS
................................ ............................. 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 STAT E FACILITIES IN THE RAPID CITY AREA 11 16.0 CHAPTER 74:36:20

– CONSTRUCTION PERMITS FOR NEW SOURCES OR M ODIFICATIONS 12 17.0 CHAPTER 74:36:21

– REGIONAL HAZE PROGRA M
................................ ................................ ........ 121



### 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 imple ment 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 det ermine 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 delegatio n 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 fo r 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 f or approval
The p r o p o s e d 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 r eferenced 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 E nvironment 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 F ebruary 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 98 th 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 99 th 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 followin g 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 SI P. 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 u nable 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 inc luded 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 signe d house bill 1059 title d “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 th e regulations. T he 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 pro gram, 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 fede ral regulation is proposed to be updated to the most current version of the federal reference of July 1, 2012. This revision will update any minor4

inconsistency between South Dakota’s SIP and EPA’s federal regulations as of July 1, 2012. These changes ma y 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 signe d 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 st andards 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 da te 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 fo r 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 proposin g 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. Nationa l 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 manuf acturing 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 standard s 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 pollutant s 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 fede ral 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 Dakota8

(Huron and Aberdeen), Redfield Energy, and Dakota Ethanol. DENR is proposing to adopt this federal standard by referenc e. 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 industr y 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 a dopt 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 al lied 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 manufa cturing 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 b e 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 emis sion 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 C FR 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 product ion9

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 regulat ions 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. Thes e 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 d ate 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 co ntrol 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 b etween 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 u pdate 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 per iods 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 sect ion 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 74:3 6:13:07 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 minor11

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 Pro gram 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 da te 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. T hese 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, t he Governor of South Dakota signe d 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 regul ation 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 obse rved in the following section:
1. 74:36:20:05. On March 12, 2013, the Governor of South Dakota signe d 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 Program2 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 hazard ous 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 Modifi cation 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 nationa l 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 th eir 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 capacit y 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) Th e 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 Environ ment 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 t he 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 off ers 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, incl uding 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 pe rmitted 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 grou p, 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 an d conditions include those requirements developed pursuant to this article, those appearing in 40 C.F.R. §§ 60 and 61 ( July9

1, 2009 July 1, 2012 ), requirements within the state implementation plan, and permit requirements established pursuant to this artic le 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 perm itting 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 i ssued 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 val ue 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 su dden 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
breakdo wn, 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 n ot 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 backgroun d;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 exi st 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, partner ship, 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 di ameter 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 no tice 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 equi pment, 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 Cle an 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, p ermits;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 por tions 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," su lfur 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; and15

(73) "Subject to reg ulation," 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
12 9, 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, effec tive 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 Te chnical 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 followi ng 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 rulemaki ng 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 regu lations 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

t he 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 ot her 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 Cl ean 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 1 01, 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 und er 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 a ir 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, e ffective 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 Imp lemented: 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, e ffective 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
de partment 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 2 8, 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, effec tive 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

Sect ion23

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 att aining 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, eff ective 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 epi sode 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.
L aw 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 p ermit 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 no ncompliance

-- 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 o r 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 practic e 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 reason able 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 § 34:10:01:08.0 2; 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, 1 989; 17 SDR 170, effective May 13, 1991; transferred from § 74:26:01:12, 19 SDR 157, effective April 22, 1993; 21 SDR27

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 an d 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, 198 7; 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
loc ated. 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 mod ification; a statement that a person may submit comments or contest the draft permit within 30 days after the publication of28

the notice; describe the procedures a person must follow to contest the draft permit and request a hearing in accordance with artic le 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 SD R 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, 198 7; 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

- 2 7, 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 wri ting, 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 writte n 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 f or 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
5 0, 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.
L aw 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
dr aft 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 the30

provisions of article 74:09 and be received by the department within 3 0 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 p resent 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, 198 0; 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.
Gen eral 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 o n 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 t he 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 re quirements 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 challen ged; 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, pe rmit 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 compl iance.

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 p ermits 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 perm it 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 deadli ne 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 opera ting 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 operati ng 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; or36

(3) Sources that operate a unit su bject 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 t he 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 Ja nuary 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 applic able 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, effec tive 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 perio d 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) Th e 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 Tit le 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), provisi ons 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, enf orceable, 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 meth ods 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 statisti cal 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 lea st 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 u pset 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 hol ds, 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 i f 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 termi nation, 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 main tain 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 o r 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 f or 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

re cord in a log at the permitted facility a record of the scenario under which it is operating and43

must ensure that the terms and conditions of each such alternative scenario meet all requirements of the Clean Air Act;

(14) Compliance requirements that co ntain 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 req uire 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 und er 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; and44 (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 accor dance 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 explana tion 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 req uiring 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 § 74:36:0 5:27, 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 Implement ed: 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
h earing 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
noti fying 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 affecte d 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 S DR 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 hosp ital/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 perfo rmance 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 n ew 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 Stan dards 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 rec lamation 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 (SO CMI) 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 Collec tion 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 mu nicipal 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 existi ng 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 le ad 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 pe rformance 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 granul ar 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

- ac id 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 sulfat e 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

po lymer 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 machine s.
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

re construction 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 performan ce 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 Stan dards 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 st andards. 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 pe rformance 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 Jun e 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010. General Authority: SDCL 34A

- 1

- 6. Law Impleme nted: SDCL 34A

- 1

- 18.

74:36:07:03. Standards of performance for electric utility steam generators. The55

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 3 4A

- 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, 19 95; 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 hospit al/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 writte n notification shall inform the department of when the unit will be shutdown. The58

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/medica l/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 in stallation 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, 2 009) 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 2 8,
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, effe ctive September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 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 3 4A

- 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 Novembe r 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, effect ive January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 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 vess els 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, i nclusive, ( 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, 1 995; 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. §§ 60.110 a 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 Novembe r 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, effect ive January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 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 org anic liquid storage vessels (including petroleum liquid storage vessels) for which construction, reconstruction, or64

modification commenced after July 23, 1984. The standards of performance for volatile organic liquid storage vessels (including petroleum li quid 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 SD R 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, effectiv e 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 10 1, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 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 coa l 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 Septembe r 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 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 ). E xempted 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, 199 1; 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 Ju ne 13, 2006; 33 SDR 217, effective June 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, effective67

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 § 74:26:1 8:10, 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, effe ctive June 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, effectiv e 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

co ating 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 stand ards of performance for equipment leaks69

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, effecti ve 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 SD R 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 sy nthetic 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 Januar y 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 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 h eaters. 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, ef

fective 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.
G eneral 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, 20 09 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 o ther 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.

74:3 6:07:27. 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, e ffective 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 Jun e 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 performan ce 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: 2 1 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 Ju ne 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 Ju ne 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
i n 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 was te 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 Jul y 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 J une 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 requir ements:

(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 hexan e 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, 2 006; 33 SDR 217, effective June 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 syste ms. 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 of78

§ 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, 200 0; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 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 o wner 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 1 06, 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,
20 07; 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 lan dfill 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, ef fective 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 munic ipal 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 con sidered 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 Ju ne 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.
La w 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, e ffective June 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 tho se 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.

74:36:07:4 6.01. 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 modification82

com menced 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 J une 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 Ju ne 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 stan dards 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 Im plemented: 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 performa nce 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 diammoniu m 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 1 3, 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 constr ucted 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 6 0.285, 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 manufac turing 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, inclu sive, ( July 1, 2009 July 1, 2012 ).

Source: 33 SDR 217, effective June 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 manufac turing 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

G eneral 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 opera tions 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, effe ctive 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 60.45 6, 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 surfac e 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 Authorit y: 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: S DCL 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 Autho rity: 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, reconstruc tion, 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 J une 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 performance94

for synthetic organic chemical manufacturing industry air oxidation unit processes are those in 40 C.F.R. §§ 6 0.610 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 equ ipment 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 onsh ore 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 sys tem. 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 Aut hority: 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 J uly 1, 2012 ).

Source: 33 SDR 217, effective June 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 whic h 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 w hich construction commenced after November 30, 1999, or97

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 Ju ly 1, 2012 ).

Source: 33 SDR 217, effective June 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 su bject 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 the98

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 combusti on 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 i s 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 Authori ty: 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 inciner ation 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 POLLUTANTS100

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 operat ions.
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 m ajor 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 Nati onal 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 prin ting 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 an d 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 stand ards 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 N ational 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 batterie s.
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 Nati onal 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 stand ards 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 manufactur ing 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 st andards 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 pol yols 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 emissio n 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 em ission 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 Na tional 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 manuf acturing 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 ma gnesium 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 seco ndary 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 Natio nal 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 sta ndards 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 p reserving 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 nonferrou s 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 fo r 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 a nd 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 Nationa l 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 J anuary 2, 2005; 32 SDR 209, effective June 13, 2006; 33 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 p ollutants. 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 A pril 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 Author ity: 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.
Gen eral 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. Gene ral 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, 2 009 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, effect ive 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 clea ning 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 oper ating 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, effect ive 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 A uthority: 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 ind ustry. 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 S DR 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 waste water 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,
effecti ve September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 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, S ubpart 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 oper ates 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 m eet 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 operating116

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 mu st 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, 20 05; 32 SDR 209, effective June 13, 2006; 33 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

exemp t 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 Subpa rt 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 21 7, 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 pipel ine 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 Decemb er 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 Authori ty: 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 S ubpart 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 st andards 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 Ju ne 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; 3 0 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, 3 4A

- 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; 3 6 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 Ju ne 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 system s, 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, ef

fective June 13, 2006; 33 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

em ission standards for equipment leaks

-- control level 1 are those in 40 C.F.R. § 63, Subpart TT122

( 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 Implemen ted: 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. § 6 3, 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 publis hing 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 operat ing permit if the unit is not required to install controls and if the source is not required to obtain a Part 70 operating permit124

for a reason other than the source is subject to Subpart HH. Exempted sources must still meet the applicable requirements in S ubpart 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 Implem ented: 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 ( Ju ly 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 I mplemented: 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 ).

S ource: 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010. General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34 A

- 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 Jul y 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 Imple mented: 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: 3 0 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 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, 3 4A

- 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 standar ds 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 sta ndards 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 emis sion 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 pr oducts. 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 J une 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, 200 9 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: SDC L 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 non

nylon 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 nati onal 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 standa rds 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, effe ctive 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 magneti c 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 pu lp 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: SDC L 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 rege neration plants. The national emission standards for HC1 process137

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 21 7, 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 pharmaceutica l 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. Natio nal 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, effec tive 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, S ubpart 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.

74:3 6:08:65. 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, Subpar t 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, 20 07; 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 nutriti onal 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, 2 007; 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 standard s 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 3 4A

- 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, 20 12 ).

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 t extiles. 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, 20 10. 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
thos e 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 standard s 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

- 1 8.

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 2 17, effective 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 semiconduc tor 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 coatin g 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. N ational 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 emissio n 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: SDC L 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 standard s 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 pr imary 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 from152

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 sta ndards 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 Implemente d: 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 GGGGG G ( July 1, 2009 July 1, 2012 ).

Source: 33 SDR 217, effective 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 s terilizers. 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

-- electr ic 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 ZZ ZZZ 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 requir ements 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 faci lities. The national emission standards for gasoline distribution bulk terminals, bulk plants, and pipeline facilities are those in 40 C.F.R. § 63, Subpart BBBBBB155

( July 1, 2009 July 1, 2012 ). A source that operates a unit subject to Subpart BBBBBB is exemp t 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 S ubpart 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 di spensing 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, 2009156

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 LL LLLL. 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 O OOOOO ( 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 sou rce 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 su bject 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 emi ssion 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 sour ce 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, Su bpart 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 ar e those in 40 C.F.R. § 63, Subpart WWWWWW ( July 1, 2009 July 1, 2012 ). A source that operates a unit subject to161

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 pe rmit 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 34 A

- 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, 20 12 ). 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 XXXX XX. 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 Y YYYYY 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 req uirements 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 o btain 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 s ources 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 a rea sources are those in 40 C.F.R. § 63, Subpart VVVVVV (July 1, 2012). A source that operates a unit subject to164

Subpart VVVVVV is exempt from the obligation to obtain a Part 70 operating permit if the
source is not r equired 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: SD CL 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 s ource 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 p reparations 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 obli gation 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
Pa rt 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 su bject 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

mee t 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 emis sion 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 t he 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 fo r 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 4 0 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, re pair 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 p ermit 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. R eg. 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 secret ary;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 includ e 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 accor dance 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 the172

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 durin g 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 Au thority: 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 act ual 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.
Gene ral 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 beg inning 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 i s 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, effect ive 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 a re similar to the procedural requirements for a Part 70 source, such as a175

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, incl usive.

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 mus t 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 arti cle 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, a ir 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 § 44:10:01:1 6, effective July 1, 1981; 8 SDR 71, effective December 21, 1981; 10 SDR 68, effective January 5, 1984; 13 SDR177

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 34 A

- 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 demo nstration 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 e mission 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 t hough 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 requiremen ts in 4 0 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 co nditions 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, e mission 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 enforceab le, 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
reducti ons 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 fo r 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 pote ntial 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 S DR 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 n ot 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 purs uant 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, effe ctive 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 de termine 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

Section184

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, 20 12 ).

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 S DR 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 op acity, 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,
1 999; 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 § 34:1 0:03:03, 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 by187

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 Ju ly 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 J une 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 Compl iance 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.

So urce: 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: SDC L 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 m ay 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 1 01, 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, an y 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 spec ified 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

s ection.

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 Jul y 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 PROGRAM192

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 tria l 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 purpose s 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 Janua ry 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 Implemen ted: 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 Ap pendixes 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,
effe ctive 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 S DR 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 operat ing 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 d escription 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 inclu de 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 th e 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
boar d 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 noncomplian ce 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 n ot 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
d etermine 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 minim um 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 per mit 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: SDC L 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 requ ired.
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 draf t 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 involv ed in the permit action; a statement that a person may submit comments or contest the draft permit within 30 days after the202

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 pe rmit 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; or203

(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, t he 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

- 2 7, 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 wit h 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 fin al 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. C ontents 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) Th e 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 a nd 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 necessa ry 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

Section206

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 98 th percentile208

(eighth highest value) of the modeling results, based on one year of the three years of

meteo rological 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 mi llion 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 inpu t 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.

S ource: 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
modificatio n to a major source shall demonstrate to the department that the potential to emit210

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 shal l 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 o wner 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 BART

eligi ble 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, th e 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 depart ment 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: SD CL 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 rep orting. 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 c ontinuous 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 acco rdance 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 BART

eligible source or from a major source or modification of a major source shall consist of at leas t 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 perfo rmed 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 wi th 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 offi cial; 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 res ponsible 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 overstr ike 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 LandguthIN 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 HaagIN 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

# iJL~ Glerm Blum.hardt

Peter Bullene

Mike Day

Rexford Haag Date

________ _



### Dme

________ _

Lee M. McCabren, Vice Chairman

Linda Hilde

Doyle Karpen

Dennis LandguthIN 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 LandguthIN 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 LandgufuIN 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 LandguthIN 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 LandguthIN 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 STATEIN 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

iAR TICLE 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 Reg ulated 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 testi ng. 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: 1 7 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 defin ed. 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 Pr ocess weight rate defined.74:36:01:14 Re pealed

.

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 was te 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," cha pter 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 t he 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 t he 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 pollu tants 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 articl e, 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, 20 12 ); (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; (1 7) "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 mon oxide, 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 compli ance 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 determi ned 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 consi stent and quantitatively known relationship to the reference method under specified conditions; (27) "Existing source," a source that ha s an approved state

- issued permit; (28) "Facility," a building, structure, or installation of pollutant

- emitting a ctivities 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, 20 12 ), requirements within the state imp lementation plan, and permit requirements established pursuant to this article or 40 C.F.R. § 51 Subpart I (July 1, 20 12 ). The use of this term does not impede the department's authority under state law to enforce these limits and conditions; (30) "Fina l 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; (3 2 ) "Fugitive emissions," those air pollutants which could not reasonably pass through a stack, chimney, vent, or other functi onally equivalent opening; (3 3 ) "General permit," a permit issued by the board in accordance with SDCL 34A

- 1

- 56 that may be made applicable to numerous similar sources; (3 4 ) "Heat input," the aggregate heat content of all fuels whose products of comb ustion 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; (3 5 ) "Incinerator," a furnace used to burn solid waste to reduce the volume of the waste by
r emoving its combustible material; (3 6 ) "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; (3 7 ) "Minor source," a source whose potential emissions of a criteria pollutant are less than 100 tons a yea r 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; (4 0 ) "NSR," new source review; (4 1 ) "Opacity," the degree to which emissions reduce the transmission of light and obscure the view of an object in the background; (4 2 ) "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; (4 3 ) "Operating permit," a written authorization issued by the board or the secretary for the operation of a source; (4 4 ) "Owner or operator," any person who owns, leases, operates, controls, or supervises a source; (4 5 ) Repealed; (4 6 ) "Part 70 operati ng permit," any permit or group of permits covering a Part 70 source that is issued, renewed, amended, or revised; (4 7 ) "Part 70 source," any source subject to § 74:36:05:03; ( 48 ) "Particulate matter," a broad class of chemically and physically diver se 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 requi rements of § 74:36:01:10; (5 0 ) "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; (5 1 ) "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; (5 2 ) "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; (5 3 ) "Proposed Part 70 operating permit," a permit that the department has forwarded to EPA for review after the cl osure of the public notice period and after considering any public comments, including those from affected states;(5 4 ) "PSD," prevention of significant deterioration;

(5 5 ) Re pealed; (5 6 ) "Salvage operation," an operation conducted in whole or in part for the reclaiming of product or material; (5 7 ) "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 th e air; (6 0 ) "Source," a facility that emits or may emit any air pollutant regulated under the Clean Air Act; (6 1 ) "Start

- up," the setting into operation of any control equipment, process equipment, or process for any purpose; (6 2 ) "Title I," Title I of the Clean Air Act Amendments, provisions for attainment and maintenance of national ambient air quality standards; (6 3 ) "Title IV," Title IV of the Clean Air Act Amendments, acid deposition control; (6 4 ) "Title V," Title V of the Clean Air Act Amendments, permits; (6 5 ) "Title VI," Title VI of the Clean Air Act Amendments, stratospheric ozone protection; ( 6 6) Repealed ; ( 6 7) "VOC," "volatile organic compounds," as defined in 40 C.F.R. § 51.100(s) (July 1, 20 12 ); ( 6 8) "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; ( 6 9) "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 ; ( 7 0) "SO2," sulfur dioxide; ( 7 1) "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, 20 12 ), 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 1 82, 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 B udget. 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, ef fective 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, effecti ve 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 S DR 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 fr equent 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 andnew 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 chan ge 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 s tates 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 Cle an Air Act defined. Applicable requirements of the Clean Air Act include all of the followin g 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 rulemakin g 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, 20 12 ); (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 promulgate d 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, unles s 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 Janu ary 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 applicati on 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 departme nt 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 3 4A

- 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 Apri l 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 mo re 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 pollutantwhich 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 as sociated 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 stat ions 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 majo r 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 p otential 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 "seve re," 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 w ith 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 source s 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 Classific ation 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 Classifi cation 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 incinerator s 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 pl ants; (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 mo re 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 bu t 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

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- 6. Law Implemented: SDCL 34A

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- 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 increas e 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 p ermit 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 p rovision 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, ef fective 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

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- 6. Law Implemented: SDCL 34A

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- 6.
74:36:01:11. Nation al 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; trans ferred 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, eff ective 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

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- 6. Law Implemented: SDCL 34A

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- 6.
74:36:01:12. Po tential 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 p ollutant, 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 isfederally enforceable. Secondary em issions 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

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- 6. Law Implemented: SDCL 34A

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- 6.
74:36:01:13. Process weigh t 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 s uch 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

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- 6.
74:36:01:14. Reconstruction of sources defined. Re pealed
Source: 7 SDR 4, effective July 27, 1980; transferred from § 44:10:01:05, effective July 1, 1981; 10 SDR 68, eff

ective 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 Ti tle 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 subjec t 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 consi dered 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 des ignated 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

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- 6. Law Implemented: SDCL 34A

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- 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 responsibl e 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 millio n (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 mu nicipal, 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 responsib ility 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 reg ulations 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

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- 6. La w Implemented: SDCL 34A

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- 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 geogra phical 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 acce ss 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

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- 6. Law Implemented: SDCL 34A

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- 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 munici pal 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 10 6, effective December 29, 1996. General Authority: SDCL 34A

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- 6. Law Implemented: SDCL 34A

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- 6, 34A

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- 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 effec t 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 gene rating 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 af ter January 6, 1975, pursuant to 40 C.F.R. § 52.21 (July 1, 20 12 ), or under regulations approved pursuant to 40 C.F.R. Part 51, Subpart I, or 40 C.F.R. § 51.166 (July 1, 20 12 ); (6) Any change of ownership at a source; (7) The use of an alternative fu el 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, 20 12 ), or under regulations approved pursuant to 40 C.F.R. Part 51, Subpart I, or 40 C.F.R. § 51.166 (July 1, 20 12 ); 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, 20 12 ) or under regulations approved pursuant to 40 C.F.R. § 51.165 (July 1, 20 12 ).
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, 2 010 ; 39 SDR 219, effective June 25, 2013

. General Authority: SDCL 34A

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- 6. Law Implemented: SDCL 34A

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- 6.
74:36:01:21. Commenced construction defined. Commenced construction means the owner or operator has all necessary construction approvals or permi ts 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
m odified 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

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- 6. Law Implemented: SDCL 34A

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- 6.
CHAPTER 74:36:02
AMBI ENT AIR QUALITYSection

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) Minimizat ion 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; 1 3 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

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- 6, 34A

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- 15. Law Implemented: SDCL 34A

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- 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, 20 12 ); 40 C.F.R. § 50.6 (July 1, 20 12 ); 40 C.F.R. § 50.7(a)(1), (b), and (c) (July 1, 20 12 ); 40 C.F.R. § 50.8 and 40 C.F.R. §§ 50.10 to 50.12, inclusive , (July 1, 20 12 ), 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 standa rds 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 12 9, 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

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- 6, 34A

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- 15. Law Implemented: SDCL 34A

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- 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, 20 12 ) shall be measured by the reference method or methods stated in 40 C.F.R. Part 50, App endix A to Appendix N, inclusive , (July 1, 20 12 ) or an equivalent method designated in accordance with 40 C.F.R. Part 53 (July 1, 20 12 ).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

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- 15. Law Implemente d: SDCL 34A

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- 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 a s required by 40 C.F.R. § 58.20 (July 1, 20 12 ).
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 2 09, effective June 13, 2006 ; 36 SDR 207, effective June 2 8 , 2010 ; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

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- 6, 34A

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- 15. Law Implemented: SDCL 34A

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74:36:02:05. Ambient air monitoring requirements. The operation of ambien t air monitoring required by the department shall be consistent with 40 C.F.R. Part 58 (July 1, 20 12 ). 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. Gene ral Authority: SDCL 34A

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- 6, 34A

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- 15. Law Implemented: SDCL 34A

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- 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 emergenc y 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, 20 12 ), if the accumulation of air pollutants in any place is attain ing 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, effect ive 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 Ja nuary 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

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- 6, 34A

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- 15. Law Implemented: SDCL 34A

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- 15.
74:36:03:02. Episode emergency contingency plan. T he department shall develop an episode emergency contingency plan and maintain it following the requirements in 40 C.F.R. § 51.152 (July 1, 20 12 ). The department shall reevaluate the contingency plan in accordance with the requirements in 40 C.F.R. § 51.15 3 (July 1, 20 12 ).
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

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- 6, 34A

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- 15. Law Implemented: SDCL 34A

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- 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 s ource 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 applicat ion

-- 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 permi t. 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. 74:36:04:3 2 General permits. 74:36:04:3 3 Secretary may require an in dividual 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

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- 6.
74:36:04:02. Minor source ope rating 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 perm it 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

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- 6, 34A

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- 21. Law Implemented: SDCL 34A

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- 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, e xcept 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: SD CL 34A

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- 6, 34A

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- 21.

Law Implemented: SDCL 34A

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- 21.
74:36:04:03. Emission unit exemptions. The following emission units a re exempt from inclusion in a minor source operating permit unless the source has requested federally enforceable permit conditio ns 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 hou sehold 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 capabi lity 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 pa inting 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
u nit must be included in determining whether the source is a minor source

. A n emission unit that is exempt from permitting must still meet the visible emission rest riction in § 74:36:12:01.
Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 19 75; 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, ef fective 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

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- 19, 34A

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- 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 f or a source or permit revision may be issued only if it has been shown that the operation of the s ource or permit revision will not prevent or interfere with the attainment or maintenance of an applicable national ambient air quality standard. Compliance w ith this requirement as determined by air pollution dispersion modeling is not affected by stack height that exceeds good engineeringpractice or by any other dispersion technique as defined in 40 C.F.R. § 51.100 (July 1, 20 12 ). Each

source must comply wit h emission limits and other requirements of the a ct 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 a ct , 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, 1 986; 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, effec tive 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

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- 6, 34A

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- 19, 34A

- 1

- 21. Law Implemented: SDCL 34A

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- 1 9, 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 require d 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 so urce 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 a n operating permit shall submit a complete application 90 days before the date of permit expiration. If a n existing sourc e 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 i n 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

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- 6, 34A

- 1

- 21.Law Implemented: SDCL 34A

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- 12, 34A

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- 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 be fore 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 i nformation 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 conta ct; (2) A description of the plant and its processes and products; (3) The following information on emissions: (a) Identification and description of all emission unit s; (b) Fuels, fuel use, raw materials , and production rates; (c) Identificat ion 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 requi rements, 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 notarize d 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 appli cation 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 S DR 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

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- 6, 34A

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- 21. Law Implemented: SDCL 34A

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- 12, 34A

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- 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 sha ll 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 sha ll 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 c omplete. 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 app lication. The applicant has 20 working days after receipt of an incomplete notification or request for additional information to submit the informat ion, 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 sour ce 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, 198 1; 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. Depar tment'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.
74:36:04:1 2. 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 sou rce is located. The notice must include a brief statement describing the source and w here 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 Octo ber 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 3 4A

- 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 h earing. 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 Authori ty: SDCL 34A

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- 6, 34A

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- 21. Law Implemented: SDCL 34A

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- 2174:36:04:13. 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 requ esting 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 a nd 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 requeste d; 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 o f 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 1 41, 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

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- 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 c ontested 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 arti cle 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 t o 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 pe rmit 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 §§ 34:10:01:0 2, 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 2 2, 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 mai ling 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 o perating 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 regulate d 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 va rious 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 en forcement 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 reis suing, 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

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- 6, 34A

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- 21. Law Implemented: SDCL 34A

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- 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 submit ted to the department.Source: 19 SDR 157, effective April 22, 1993 ; 36 SDR 207, effective June 28, 2010

.

General Authority: SDCL 34A

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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 Ju ne 28, 2010

. General Authority: SDCL 34A

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- 6, 34A

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- 21. Law Implemented: SDCL 34A

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74:36:04:18. Operating permit revision. An operating permit for a minor source may be revised at any time by the submittal of a n 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 amend ment, 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

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7 4:36:04:19. 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 descriptio n 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

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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

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- 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, inclusi ve, 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

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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 fol lowing 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

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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 i n 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, e ffective January 5, 1995. General Authority: SDCL 34A

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- 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

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- 6, 34A

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- 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

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- 21. Law Implemente d: SDCL 34A

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- 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, th e 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; transf

erred 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 ope rating 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 en sure 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

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- 6, 34A

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- 21.Law Implemented: SDCL 34A

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- 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 Auth ority: SDCL 34A

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- 21. Law Implemented: SDCL 34A

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- 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

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- 6, 34A

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- 21. Law Implemen ted: SDCL 34A

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- 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 notic e 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 negoti ated, 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 J uly 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

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- 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 r equest 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 incl udes 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 D ecember 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 requi rements for a minor source, such as a timely and complete application, completeness review, public participation, and departmental recommendation, as outlined in §§ 7 4:36:04:06 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, incl uding 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 con ditions 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 p ermit 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 act ivities. 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 condition s
. 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 conte sted 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. 74:36:05:3 1 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 modificati ons. 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 subm it 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

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74:36:05:02. Part 70 operating p ermit required. A person may not operate any source or unit likely to cause the emission of air pollutants into the ambient air or an y 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.
Sou rce: 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

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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.
74:36:0 5:03. 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 t he 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

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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 no t 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, 20 12 ) are exempt from the obligation to obtain a Part 70 operating permit if the source is not required to obtain a Part 70 operating permitfor a reason other than the source is subject to Subpart AAA. Exempted sources must still meet the

applicable requirements in Subpart AAA; o r (3) Sources that operate a unit subject to 40 C.F.R. § 61. 145, Standard for Demolition and Renovation (July 1, 20 12 ) 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. § 6 1.145 (July 1, 20 12)

. Exempted sources must still meet the applicable requirements in 40 C.F.R. § 61.145 (July 1, 20 12 )

. Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995 ; 31 SDR 101, effective January 2, 2005 ; 32 SDR 20 9, effective June 13, 2006 ; 36 SDR 207, effective June 28, 2010 ; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

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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, tract ors, 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 t o 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

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- 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 ha s 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 mode ling 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, 20 12 ). Each source must comply with emission limits and other requirements of the act and the Clean A ir A ct. 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

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Source: 2 SDR 40, effect ive 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

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74:36:05:06.01. Fe es 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; transf erred from § 74:36:05:11, 20 SDR 125, effective February 9, 1994 ; 36 SDR 207, effective June 28, 2010

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74:36:05:07. Time period for operating permits and renewals. A permit fo r 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 ye ars . 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 S DR 207, effective June 28, 2010 ; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

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- 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 a nd 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 p ermit 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 com plete 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 d enied. 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 ha ve 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 requireme nts 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 Apr il 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

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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 th e source or permit modification.
74:36:05:09. Complete application. The department shall determine completeness of an application for a n initial Part 70 operating permit, permit modification, or renewal of a Part 70operating 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 comp lete. 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 necess ary 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 , un less 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 writi ng 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 consider ed 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 Ja nuary 5, 1995; 25 SDR 123, effective April 4, 1999 ; 36 SDR 207, effective June 28, 2010

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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 ident ified 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 cons istent 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 act ivities; (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 in cluding 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 subdiv ision 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 polluti on 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 applicabi lity 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 lea st 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 wi ll 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 compl iance 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 requireme nts; (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 submi tted 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 co mpliance, 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 departmen t; (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 complian ce 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 reasonabl e 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 dete rmine 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

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Reference: Standard Industrial Classification Manual, 1987, Executive Office of the P resident, 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. Ge neral Authority: SDCL 34A

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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 SD R 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 Par t 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

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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

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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 operatio n; (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 requi rements 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 applic able 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 app roved 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 impl ementation 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) Docum entation 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 techn iques 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 r eports 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 per mit 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; an d (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 ex ceeding 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 assert ing 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 ceas e 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 fil ing of a request by the permittee for a permit revision , revocation and reissuance, or te rmination 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 informa tion, 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 perm itted 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 r esponsible 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 all ow 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 thedates that compliance was achieved as referred to in a schedule of compliance. The report must

state an explanation for not attaining da tes 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 t o 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, 20 12 ); (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, 20 12 ); 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 S DR 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

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- 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 t o 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 s ource , 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 st atement 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 considere d 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 a ccept 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, effec tive 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 fi nal 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 d ecision. 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 dec ision 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 publ ic 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.
74:3 6:05:20.02. 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 reque st 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 applica nt 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 d raft 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; transferre d 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 a greement 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 ame nded 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. La w 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 itsissuance 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 Fe bruary 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 objectio n 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 t he 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 amend ment, 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 Autho rity: 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 § 74:36:05:2 1.01 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 N ovember 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 Pa rt 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 issu ance 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 t he 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 resultof 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 1 19, 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 expirat ion 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

. Gen eral 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 procedur al 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 Authorit y: 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 make s 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

contrav ene 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 w ithin 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 t hat 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 establ ished 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 Janua ry 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.
74:36:0 5:32. 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 theprocedural 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 pr oviding 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 applic ation 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 amen dment 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 so urces 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 applica ble 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.
74:3 6:05:36. 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, ef

fective 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 re ceipt 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) Iss ue 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 tr ansmit 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 p ermit 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 perm it 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 chan ges 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 operati ng 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 require ment 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.
7 4:36:05:41. 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 re quirements 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, eff ective 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 3 4A

- 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 ma y 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 d epartment 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 determina tion 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 com pliance 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, 1 993. 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 eq uivalent 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 accordanc e 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 J uly 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, includ ing 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 un der 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.
74:36:0 5 : 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 lim its; 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 op erate 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 Aut hority: 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, comple teness review, public participation, and departmental recommendation, as outlined in §§ 74:36:05:08 to 74:36:05:23, inclusive.
74:36:0 5 : 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, 20 03. 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 197 5, 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; 2 1 SDR 119, effective January 5, 1995. General Authority: SDCL 34A

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- 6. Law Implemented: SDCL 34A

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- 6.
74:36:06:02. Allowable emissions for fuel
- burning units. An owner or operator of a fuel

burning unit may not cause or permit emissions of the followi ng 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 d etermined 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 n ot 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 peri ods.
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, eff ective 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

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- 6. Law Implemented: SDCL 34A

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- 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 airpollutants from any unit in exc ess 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 P 0.67 , 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 eq uation: E = [55.0 x P 0.11 ]

- 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 ambi ent 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 N ovember 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

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- 6. Law Implemented: SDCL 34A

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- 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 th an that designated as 20 percent opacity. No other emission limits apply to these sources except those in chapter s 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, effectiv e 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

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- 6. Law Implemented: SDCL 34A

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- 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 int erpretation 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, eff ective 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

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- 6. Law Implemented: SDCL 34A

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- 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 conditio ns: (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, ef fective April 22, 1993 ; 31 SDR 101, effective January 2, 2005

. General Authority: SDCL 34A

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- 6, 34A

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- 12. Law Implemented: SDCL 34A

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- 12.
74:36:06:07. Open burning practices prohibited. The following open burning practices are prohibited: (1) A per son 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 govern mental 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 74:2 7; 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, effec tive 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

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- 6, 34A

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- 18. Law Implemented: SDCL 34A

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- 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 St andards 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 incine rators 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 di sposal 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 li quid 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 performanc e 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 perf ormance 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 manu facturing 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 Standard s 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 o rganic 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 requ irements 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 volat ile 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 la ndfill 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 w aste 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 aci d 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 modificati on 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 bas ic 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. 74:36:0 7:51 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 perfor mance 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 coati ng. 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 equipm ent 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 V OC 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 na tural 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 ind ustrial 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 uni ts 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 a fter 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 reconst ruction 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 performa nce 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, 20 12 ). For the purposes of this chapter, "admi nistrator" 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, effecti ve June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective 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 Au thority: SDCL 34A

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- 6. Law Implemented: SDCL 34A

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- 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, 20 12 ).
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

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- 6. Law Implemented: SDCL 34A

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- 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 D a (July 1, 20 1 2 ).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

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- 6. Law Implemented: SDCL 34A

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- 18.
74:36:07:04. Standards of performance for industrial, commercial, and institutional steam generating units. The standards of performance for industrial, commercial, and instituti onal steam generating units are those in 40 C.F.R. §§ 60.40b to 60.49b, inclusive, (July 1, 20 12 ).
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; 2 1 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 Ju ne 13, 2007 ; 36 SDR 207, effective June 28, 2010 ; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

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- 6. Law Implemented: SDCL 34A

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- 18.
74:36:07:05. Standards of performance for small industrial, commercial, and institutional steam gen erating 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, 20 12 ). A source that operates a unit subject to 40 C.F.R. §§ 60.40c to 60 .48c, inclusive, (July 1, 20 12 ) 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, 20 12 ). Exempted sources must still meet the applicable requirements in 40 C.F.R. §§ 60.40c to 60.48c, inclusive, (July 1, 20 12 ).
Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective Januar y 5, 1995; 23 SDR 106, effective December 29, 1996; 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, effective June 13, 2007 ; 36 SDR 207, ef fective June 28, 2010 ; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

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- 6. Law Implemented: SDCL 34A

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- 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, 20 12 ).
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, effe ctive 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. Gen eral Authority: SDCL 34A

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- 6. Law Implemented: SDCL 34A

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- 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, 20 12 ), is incorpora ted into this rule by reference. Designated facilities under S ubpart Ce shall comply with the requirements for state plan approval in 40 C.F.R. §§ 60.32e to 60.38e, inclusive, (July 1, 20 12 ). The owner or operator of a hospital/medical/infectious waste i ncinerator 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 t he 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 appli cation 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 a ir 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 pollutio n 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, 20 12 ) within one year after sta te 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, eff ective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective 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 2 5 , 2013. Genera l Authority: SDCL 34A

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- 6. Law Implemented: SDCL 34A

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- 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/me dical/infectious waste incinerators constructed after June 20, 1996, are those in 40 C.F.R. §§ 60.50c to 60.58c (July 1, 20 12 ).
Source: 25 SDR 123, effective April 4, 1999; 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 S DR 101, effective 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

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- 6. Law Implemented: SDCL 34A

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- 18.
74:3 6:07:07. 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, 20 12 ).
Source: 17 SDR 69, effective November 22, 1990; 17 SDR 1 70, 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; 3 0 SDR 26, effective September 1, 2003; 31 SDR 101, effective 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

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- 6. Law Implemented: SDCL 34A

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- 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, 20 12 ).
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 Sep tember 1, 2003; 31 SDR 101, effective 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

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- 6. Law Implemented: S DCL 34A

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- 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, ef fective April 22, 1993; 23 SDR 106, effective December 29, 1996. General Authority: SDCL 34A

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- 6. Law Implemented: SDCL 34A

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- 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, 20 12 ).
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, effe ctive June 28, 2010 ; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

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- 6. Law Implemented: SDCL 34A

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- 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, 20 12 ).
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, 19 95; 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

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- 6. Law Implemented: SDCL 34A

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- 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, 198 1; 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 constr ucted 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, 20 12 ). A sou rce that operates a unit subject to 40 C.F.R. §§ 60.110 to 60.113, inclusive, (July 1, 20 12 ) 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 Pa rt 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, 20 12 ). Exempted sources must still meet the applicable requirements in 40 C.F.R. §§ 60.110 to 60.113, inclusive, (July 1, 20 12).
So urce: 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 Sep tember 1, 2003; 31 SDR 101, effective 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

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- 6.

Law Implemented: S DCL 34A

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- 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, 20 12 ). A source that operates a unit subject to 40 C.F.R. §§ 60.110a to 60.115a, inclusive, (July 1, 20 12 ) is exempt from the obligation to obtain a Part 70 operati ng 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 sub ject to 40 C.F.R. §§ 60.110a to 60.115a, inclusive, (July 1, 20 12 ). Exempted sources m ust still meet the applicable requirements in 40 C.F.R. §§ 60.110a to 60.115a, inclusive , (July 1, 20 12 ).
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, ef fective June 13, 2007 ; 36 SDR 207, effective June 28, 2010 ; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

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- 6. Law Implemented: SDCL 34A

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- 18.
74:36:07:14. Standards of performance for volatile organic liquid storage vessels (includ ing 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 con struction, reconstruction, or modification commenced after July 23, 1984, are those in 40 C.F.R. §§ 60.110b to 60.117b, inclusive, (July 1, 20 12 ). A source that operates a unit subject to 40 C.F.R. §§ 60.110b to 60.117b, inclusive, (July 1, 20 12 ) 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 60.117 b, inclusive, (July 1, 20 12 ). Exempted sources must still meet the applicable requirements in 40 C.F.R. §§ 60.110b to 60.117b, inclusive, (July 1, 20 12 ).
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

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- 6. Law Implemented: SDCL 34A

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- 18.
74:36:07:15. Standards of performance for se wage 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, 20 12 ).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 21 7, effective June 13, 2007 ; 36 SDR 207, effective June 28, 2010 ; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

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- 6. Law Implemented: SDCL 34A

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- 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, S ubpart Y (July 1, 20 12 ).
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 SD R 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 2 8, 2010 ; 39 SDR 219, effective June 2 5 , 2013. General Authority: SDCL 34A

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- 6. Law Implemented: SDCL 34A

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- 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, 20 12 ). A source subject to 40 C.F.R. §§ 60.300 to 60.304, inclusive , (July 1, 20 12 ) 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, 20 12 ). Exempted sources must still meet the applicable requirements in 40 C.F.R. § 60.300 to 60.304, inclusive, (July 1, 20 12 ).
Source: 14 SDR 72, effective Nov ember 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, eff

ective September 1, 2003; 31 SDR 101, effective 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

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- 6. Law Impl emented: SDCL 34A

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- 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, 20 12 ).
Source: 14 SDR 72, effective Nov ember 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, eff

ective September 1, 2003; 31 SDR 101, effective 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

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- 6.

Law Impl emented: SDCL 34A

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- 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, 20 12 ).
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

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- 6. Law Implemented: SDCL 34A

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- 18.
74:36:07:2 0. 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, 20 12 ).
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 Dec ember 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 Auth ority: SDCL 34A

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- 6. Law Implemented: SDCL 34A

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- 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 a re those in 40 C.F.R. §§ 60.440 to 60.447, inclusive, (July 1, 20 12 ).
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, effect ive 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

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- 6. Law Implemented: SDCL 34A

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- 18.
74:36:07:22. Stan dards 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, 20 12 ).
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, eff ective January 2, 2005; 32 SDR 209, effective June13, 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

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- 6. Law Implemented: SDCL 34A

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- 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 VO C 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, 20 12 )

. Source: 36 SDR 207, effective June 28, 2010 ; 3 9 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

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- 6. Law Implemented: SDCL 34A

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- 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, 20 12 ).
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

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- 6. Law Implemented: SDCL 34A

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- 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, 20 12 ).
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

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- 6. Law Implemented: SDCL 34A

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- 18.
74:36:07:25. Standards of performance for petroleum dry cleaners. The standards of performance for petrol eum dry cleaners are those in 40 C.F.R. §§ 60.620 to 60.625, inclusive, (July 1, 20 12 ). A source subject to 40 C.F.R. §§ 60.620 to 60.625, inclusive, (July 1, 20 12 ) is exempt from the obligation to obtain a Part 70 operating permit if the source is not req uired 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, 20 12 ). Exempted sources must still meet the applicable requirements in 40 C.F.R. §§ 60.620 to 60.625, inclusive, (July 1, 20 12 ).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, 20 06; 33 SDR 217, effective June 13, 2007 ; 36 SDR 207, effective June 28, 2010 ; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

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- 6. Law Implemented: SDCL 34A

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- 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, inclu sive, (July 1, 20 12 ).
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

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- 6. Law Implemented: SDCL 34A

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- 18.
74:36:07:27. Standards of pe rformance 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, 20 12 ).
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, 199 6; 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective 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

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- 6. Law Implemented: SDCL 34A

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- 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, 20 12 ).
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, e ffective 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

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- 6. Law Implemented: SDCL 34A

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- 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

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- 6. Law Implemented: SDCL 34A

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- 18.
74:36:07:30. Monitoring requirements for wire reclamation furnaces. An owner or operator of a new regulated wire reclamation furnace shall install, cal ibrate, 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 n ot impact the temperature sensors.
Source: 19 SDR 157, effective April 22, 1993. General Authority: SDCL 34A

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- 6. Law Implemented: SDCL 34A

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- 11.
74:36:07:31. Standards of performance for graphic arts industry

-- Publication rotogravure printing. Th e 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, 20 12 ).
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

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- 6. Law Implemented: SDCL 34A

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- 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 compoun d emissions from synthetic organic chemical manufacturing industry reactor processes are those in 40 C.F.R. § 60 , Subpart RRR (July 1, 20 12 ).
Source: 23 SDR 106, effective December 29, 1996; 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective Septe mber 1, 2003; 31 SDR 101, effective 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

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- 6. Law Implemented: SDC L 34A

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- 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, 20 12 ).
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

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- 6. Law Implemented: SDCL 34A

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- 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 §§ 74:36:0 7:35 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 milli on 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 emissi on 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, 20 12 ), 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 J une 13, 2007 ; 36 SDR 209, effective June 28, 2010 ; 39 SDR 219, effective June 25, 201 3

. General Authority: SDCL 34A

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- 6. Law Implemented: SDCL 34A

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- 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 p repared 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

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- 6. Law Implemented: SDCL 34A

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- 18.74:36:07:36. Collection system. The department shall approve the collection and control

system plan if it is equivalen t to or meets the conditions provided in 40 C.F.R. § 60.752(b)(2)(ii) (July 1, 20 12 ), 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 3 4A

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- 6. Law Implemented: SDCL 34A

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- 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 par ameters established in 40 C.F.R. § 60.18 (July 1, 20 12 ); (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 Jun e 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective 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 Authorit y: SDCL 34A

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- 6. Law Implemented: SDCL 34A

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- 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 t he 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 s howing 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) D emonstrate 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

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- 6.

Law Implemented: SDCL 34A

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- 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 stan dards for collection and control systems in 40 C.F.R. § 60.753 (July 1, 20 12 ).
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

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- 6. Law Implemented: SDCL 34A

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- 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, 20 12 ).
S ource: 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, effect ive June 13, 2007 ; 36 SDR 207, effective June 28, 2010 ; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

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- 6. Law Implemented: SDCL 34A

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- 18.
74:36:07:41. Existing municipal solid waste landfill monitoring provisions. The owner or oper ator 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, 20 12 ).
Source: 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 199 9; 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective 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

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- 6. Law Implemented: SDCL 34A

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- 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 requiremen ts 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, 20 12 ).
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: SDC L 34A

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- 6. Law Implemented: SDCL 34A

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- 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 wi th 40 C.F.R. § 60.757(b) (July 1, 20 12 ).
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, eff ective June 13, 2007 ; 36 SDR 207, effective 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 standard s 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, 20 12 ). Physical or operational changes made to exist ing 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 2 5 , 2013. General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 18.
74:36:07:44. Standards of performance for nitric acid plant s. The standards of performance for nitric acid plants are those in 40 C.F.R. §§ 60.70 to 60.74, inclusive, (July 1, 20 12 ).
Source: 33 SDR 217, effective June 13, 2007 ; 36 SDR 207, effective June 28, 2010 ; 39 SDR 219, effective June 25, 2013. General Au thority: 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, 20 12 ).
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 standar ds of

performance for petroleum refineries are those in 40 C.F.R. § 60 , Subpart J (July 1, 20 12 ).
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. La w 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 constru ction, reconstruction, or modification commenced after May 14, 2007, are those in 40 C.F.R. § 60, Subpart Ja, (July 1, 20 12 ).
Source: 36 SDR 207, effective June 28, 2010 ; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6. Law Impleme nted: 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, 20 12 ).
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, 20 12 ).
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 basi c oxygen process furnaces are those in 40 C.F.R. §§ 60.140 to 60.144, inclusive, (July 1, 20 12 ).
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. Thestandards of performance for basic oxygen process st eelmaking facilities are those in 40 C.F.R.

§§ 60.140a to 60.145a, inclusive, (July 1, 20 12 ).
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 Im plemented: 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, 20 12 ).
Source: 33 SDR 217, effective J une 13, 2007 ; 36 SDR 207, effective 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 p rimary zinc smelters are those in 40 C.F.R. §§ 60.170 to 60.176, inclusive, (July 1, 20 12 ).
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 Impl emented: 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, 20 12 ).
Source: 33 SDR 217, effective June 13 , 2007 ; 36 SDR 207, effective June 28, 2010 ; 39 SDR 219, effective June 25, 2 013. 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, 20 12 ).
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, 20 12).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 ac id plant. The standards of performance for superphosphoric acid plants are those in 40 C.F.R. §§ 60.210 to 60.214, inclusive, (July 1, 20 12 ).
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, incl usive, (July 1, 20 12 ).
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, 20 12 ).
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 stor age facilities are those in 40 C.F.R. §§ 60.240 to 60.244, inclusive, (July 1, 20 12 ).
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 Implemente d: 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, 20 12 ).
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, 20 12 ).
Source: 33 SDR 217, effective June 13, 20 07 ; 36 SDR 207, effective 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 mill s are those in 40 C.F.R. §§ 60.280 to 60.285, inclusive, (July 1, 20 12 ).
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, 20 12 ).
Source: 33 SDR 217, effective June 13, 2007 ; 3 6 SDR 207, effective 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 su rface coating of metal furniture are those in 40 C.F.R. §§ 60.310 to 60.316, inclusive, (July 1, 20 12 ).
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, 20 12 ).
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 l ight 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, 20 12 ).
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 pl ants are those in 40 C.F.R. §§ 60.400 to 60.404, inclusive, (July 1, 20 12 ).
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 34 A

- 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, 20 12).
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 o f performance for industrial surface coating of large appliances are those in 40 C.F.R. §§ 60.450 to 60.456, inclusive, (July 1, 20 12 ).
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, 20 12 ).
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, 20 12 ).Source: 33 SDR 217, effective June 13, 2007 ; 36 SDR 20 7, effective 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 co a ting industry. The standards of performance for beverag e can surface coating industry are those in 40 C.F.R. §§ 60.490 to 60.496, inclusive, (July 1, 20 12 ).
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, 20 12 ).
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, 20 12 ).
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 viny l and urethane coating and printing are those in 40 C.F.R. §§ 60.580 to 60.585, inclusive, (July 1, 20 12 ).
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, inclusi ve, (July 1, 20 12 ).
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 p er formance 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, (J uly 1, 20 12 ).
Source: 36 SDR 207, effective June 28, 2010 ; 39 SDR 219, effective June 25, 2 0 13. 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 stand ards of performance for synthetic fiber production facilities are those in 40 C.F.R. §§ 60.600 to 60.604, inclusive, (July 1, 20 12 ).
Source: 33 SDR 217, effective June 13, 2007 ; 36 SDR 207, effective June 28, 2010 ; 39 SDR 219, effective June 25, 2013. G eneral 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 organi c chemical manufacturing industry air oxidation unit processes are those in 40 C.F.R. §§ 60.610 to 60.618, inclusive, (July 1, 20 12 ).
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 proce ssing plants are those in 40 C.F.R. §§ 60.630 to 60.636, inclusive, (July 1, 20 12 ).
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, 20 12 ).
Source: 33 SDR 217, effect ive June 13, 2007 ; 36 SDR 207, effective 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, 20 12 ).
Source: 33 SDR 217, effective June 13, 2007 ; 36 SDR 207, effective June 28, 2010 ; 39 SDR 219, effective J une 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 ar e those in 40 C.F.R. §§ 60.690 to 60.699, inclusive, (July 1, 20 12 ).
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, 20 12 ).
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, 20 12 ).
Source: 33 SDR 217, effecti ve June 13, 2007 ; 36 SDR 207, effective 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 con struction 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, 20 12 ),
Source: 33 SDR 21 7, effective June 13, 2007 ; 36 SDR 207, effective 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

incin eration 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 CC CC (July 1, 20 12 )

. 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 othe r 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, 20 12 )

. 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 perfor mance 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, 20 12 ) . A source subject to Subpart IIII i s 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 stati onary 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, 20 12 )

. Source: 33 SDR 217, effective June 13, 2007 ; 36 SDR 207, effective June 28, 2010 ; 39 SDR 2 19, 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, 20 12 )

. 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 tha n 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: S DCL 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 sew age 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 HAZ ARDOUS 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. 74:36:08:0 2 .04 Emiss ion 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 ma nufacturing 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 s tandards 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 sta ndards 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 i ndustrial 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 polluta nts 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. 74:3 6:08:27 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 Na tional 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 Na tional 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 fabri cation 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 plasti c 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 standar ds 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 refine ries. 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 a nd 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 stand ards 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 emiss ion 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 pro ducts. 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 co at ing of larg e 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 produc ts 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 emissio n 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 sta ndards 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 Na tional 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 stee lmaking 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 Nation al 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 ar ea

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 emissi on 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 Nation al 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 generatin g 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 pai nts and allied products manufacturing area

sources. 74:36:08:128 National emission standards for prepared feeds manufactu ring 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 t he 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 Apri l 22, 1993; transferred from § 74:36:08:01, 21 SDR 119, effective January 5, 1995. General Authority: SDCL 34A

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- 6. Law Implemented: SDCL 34A

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- 6, 34A

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- 19.
74:36:08:01. General provisions

-- National emission standards for hazardous air pollutants. T he general provisions for the national emission standards for hazardous air pollutants are those in 40 C.F.R. § 61, Subpart A (July 1, 20 12 ).
Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective Decem ber 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 2 17, effective June 13, 2007 ; 36 SDR 207, eff ective June 28, 2010 ; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

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- 6, 34A

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- 19.
74:36:08:02. Emission standards for asbestos air pollutants. The emission standards for asbestos air pollutants are th ose in 40 C.F.R. § 61, Subpart M (July 1, 20 12 ).
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 3 4A

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- 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, 20 12 ).
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

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- 6. Law Implemented: SDCL 34A

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- 18.
74:36:08:02.02. Emission standards for benzene emissions from benzene storage vessels. The emissi on standards for benzene emissions from benzene storage vessels are those in 40 C.F.R. § 61 , Subpart Y (July 1, 20 12 ).
Source: 36 SDR 207, effective June 28, 2010 ; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

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- 6. Law Implemented: S DCL 34A

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- 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, 20 12 ).
Source: 36 S DR 207, effective June 28, 2010 ; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

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- 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, 20 12 ).
Source: 36 SDR 207, effective June 28, 2010 ; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

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- 6. Law Implemented: SDCL 34A

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- 18.
74:36:08:03. Gener al 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, 20 12 )

. 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 2 09, 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

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- 6. Law Implemented: SDCL 34A

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- 6, 34A

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- 19.74:36:08:03.01. Requirements for cont rol 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, 20 12 ).
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, effec tive June 13, 2007 ; 36 SDR 207, effective June 28, 2010 ; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

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- 6. Law Implemented: SDCL 34A

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- 6, 34A

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- 19.
74:36:08:04. National perchloroethylene air emission standards for dry cleaning fac ilities. The national perchloroethylene air emission standards for dry cleaning facilities are those in 40 C.F.R. § 63 , Subpart M (July 1, 20 12 ). 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, 199 5; 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

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- 6. Law Implemented: SDCL 34A

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- 6, 34A

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- 19.
Cross

- Reference: Complete application, § 74:36:05:09.
74:36:08:05. National emission s tandards 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, 20 12 ).
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, effecti ve 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

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- 6. Law Implemented: SDCL 34A

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- 6, 34A

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- 19.
74:36:08:0 6. 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 pollu tants 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, 20 12 ).Source: 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective D ecember 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

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- 6. Law Implemented: SDCL 34A

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- 6, 34A

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74:36:08:07. National emission standards for organic hazardous air pollutants for equipment leaks. The national em ission standards for organic hazardous air pollutants for equipment leaks are those in 40 C.F.R. § 63, Subpart H (July 1, 20 12 ).
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

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- 6. Law Implemented: SDCL 34A

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- 6, 34A

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74:36:08:08. National emission standards for organic hazardous air pollutants for certain processes subject to negotiated regulations for equipment leaks. The national e mission 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, 20 12 ).
Source: 21 SDR 119, effective January 5, 1995; 23 SDR 106, effec tive 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 SD R 207, effective June 28, 2010 ; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

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- 6. Law Implemented: SDCL 34A

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- 6, 34A

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- 19.
74:36:08:09. National emission standards for chromium emissions from hard and decorative chromium electropla ting 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, 20 12 ). 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 S ubpart N. Exempted sources must still meet the applicable requirements i n 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

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- 6. Law Implemented: SDCL 34A

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- 6, 34A

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- 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, 20 12 ). A source that ope rates 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 SD R 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

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- 6. Law Implemented: SDCL 34A

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- 6, 34A

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- 19.
74:36:08:11. National emission sta ndards 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, 20 12 ). 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

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- 6. Law Implemented: SDCL 34A

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- 6, 34A

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74:36:08:12. National emission standards for gasoline distribution facilities (bulk gasoline terminal s 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, 20 12 ).
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, effect ive June 25, 2013. General Authority: SDCL 34A

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- 6. Law Implemented: SDCL 34A

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- 6, 34A

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- 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, 20 12 ). 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 Sep tember 1, 2003; 31 SDR 101, effective 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 21 9 , effective June 25, 2013. General Authority: SDCL 34A

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- 6. Law Implemented: S DCL 34A

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- 6, 34A

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- 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, 20 12 ).
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

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- 6. Law Implemented: SDCL 34A

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- 6, 34A

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- 19.
74:36:08:15. National emission standards for aerospace manufacturing. The national emission s tandards for aerospace manufacturing are those in 40 C.F.R. § 63 , Subpart GG (July 1, 20 12 ).
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

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- 6. Law Implemented: SDCL 34A

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- 6, 3 4A

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- 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, 20 12 ). The national emission standards for tanks

-- level 2 are those in 40 C.F.R. § 63 , S ubpart WW (July 1, 20 12 ).
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

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- 6. Law Implemented: SDCL 34A

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- 6, 34A

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- 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, 20 12 ).
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

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- 6. Law Implemented: SDCL 34A

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- 6, 34A

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- 19.74:36:08:18. National emission standards for surface impoundments. The national

emission standards for surface impoundments are thos e in 40 C.F.R. § 63 , Subpart QQ (July 1, 20 12 ).
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 2 07, effective June 28, 2010 ; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

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- 6. Law Implemented: SDCL 34A

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- 6, 34A

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- 19.
74:36:08:19. National emission standards for individual drain systems. The national emission standards for indi vidual drain systems are those in 40 C.F.R. § 63 , Subpart RR (July 1, 20 12 ).
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, effe ctive June 13, 2007 ; 36 SDR 207, effective June 28, 2010 ; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

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- 6. Law Implemented: SDCL 34A

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- 6, 34A

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- 19.
74:36:08:20. National emission standards for oil

- water separators and organic

- wate r 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, 20 12 ).
Source: 25 SDR 123, effective April 4, 1999; 30 SDR 26, effective September 1, 2003; 31 SDR 101, e ffective 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

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- 6. Law Implemented: SDCL 34A

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- 6, 34A

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- 19.
74:3 6:08:20.01. 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, 20 12 ).
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

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- 6. Law Implemented: SDCL 34A

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- 6, 34A

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- 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, 20 12 ). The national emission standards for equipment leaks

-- control level 2 are those in 40 C.F.R. § 63, Subpart UU (July 1, 20 12 ).Source: 30 SDR 26, effective September 1, 200 3; 31 SDR 101, effective 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

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- 6. Law Implemented: SDCL 34A

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- 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 (Jul y 1, 20 12 ).
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 f or pesticide active ingredient production are those in 40 C.F.R. § 63, Subpart MMM (July 1, 20 12 ).
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 an d publishing industry. The national emission standards for the printing and publishing industry are those in 40 C.F.R. § 63, Subpart KK (July 1, 20 12 ).
Source: 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effec tive 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, 20 12 ). 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, eff ective 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 st andards for natural gas transmission and storage facilities are those in 40 C.F.R. § 63, Subpart HHH (July 1, 20 12 ).
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, e ffective June 13, 2007 ; 36 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, 20 12 ).
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, 20 12 ).
Source: 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SD R 217, effective June 13, 2007 ; 36 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 veg etable 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, 20 12 ).
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 s tandards 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, 20 12 ).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 s tandards 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, 20 12 ).
Source: 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2 005; 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 em ission 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, 20 12 ).
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 integ rated 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, 20 12 ).
Source: 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective Jun e 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, 20 12 ).
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 asphal t 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, 20 12 ).
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, 20 12 ).
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 stan dards 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, 20 12 ).
Source: 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 33 SDR 217, ef

fective June 13, 2007 ; 36 SDR 207, effectiv e 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 me tal 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 (J uly 1, 20 12 ).
Source: 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 1 3, 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 p lastic composites production. The national emission standards for reinforced plastic composites production are those in 40 C.F.R. § 63 , Subpart WWWW (July 1, 20 12 ).
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 f or stationary combustion turbines are those in 40 C.F.R. § 63 , Subpart YYYY (July 1, 20 12 ).
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. Gener al 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 eng ines are those in 40 C.F.R. § 63 , Subpart ZZZZ (July 1, 20 12 ).
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 proces s heaters are those in 40 C.F.R. § 63 , Subpart DDDDD (July 1, 20 12 ).
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 , Subpa rt J (July 1, 20 12 ).
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, 20 12).
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, 20 12 ).
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, 20 12 ).
Source: 33 SDR 217, effective June 13, 2007 ; 36 SDR 207, effective June 28, 2010 ; 39 SDR 219, effective June 25, 2013. Genera l 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 non

nylon polyamides pr oduction are those in 40 C.F.R. § 63, Subpart W, (July 1, 20 12 ).
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.
7 4:36:08:47. 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, 20 12 ).
Source: 33 SDR 217, effective June 13, 2007 ; 36 SDR 207, effective Ju ne 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 m anufacturing plants are those in 40 C.F.R. § 63, Subpart AA (July 1, 20 12 ).
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 34 A

- 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, 20 12 ).Source: 33 SDR 217, effec tive June 13, 2007 ; 36 SDR 207, effective 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 sta ndards for petroleum refineries are those in 40 C.F.R. § 63, Subpart CC (July 1, 20 12 ).
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 Implemen ted: 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, 20 12 ).
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 operation s. The national emission standards for magnetic tape manufacturing operations are those in 40 C.F.R. § 63, Subpart EE (July 1, 20 12 ).
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, 20 12 ).
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 c hemical 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, 20 12 ).
Source: 33 SDR 217, effective June 13, 2007 ; 36 SDR 207, effective June 28, 2010 ; 39 SDR 219, effective June 25, 2013General Authority: SDCL 34A

- 1

- 6.

Law Implemented: SDCL 34A

- 1

- 18.
74:36:08:55. National emis sion 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, 20 12 ).
Source: 33 SDR 2 17, effective June 13, 2007 ; 36 SDR 207, effective 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
ma ximum achievable control technology standards are those in 40 C.F.R. § 63 , Subpart YY (July 1, 20 12 ).
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 regenerat ion plants are those in 40 C.F.R. § 63, Subpart CCC (July 1, 20 12 ).
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, 20 12 ).
Source: 33 SDR 217, effective June 13, 2007 ; 36 SDR 207, effecti ve 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 combus ters are those in 40 C.F.R. § 63, Subpart EEE (July 1, 20 12 ).
Source: 33 SDR 217, effective June 13, 2007 ; 36 SDR 207, effective June 28, 2010 ; 39 SD R 219, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 18.74:3 6:08:60. 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, 20 12 ).
Source: 33 SDR 217, effective June 13, 2007 ; 36 SDR 207, effectiv e 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, 20 12 ).
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.
7 4:36:08:62. 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, 20 12 ).
Source: 33 SDR 217, effective June 13, 2007 ; 36 SDR 207, effe ctive 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 manuf acture of amino/phenolic resins are those in 40 C.F.R. § 63, Subpart OOO (July 1, 20 12 ).
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 Impleme nted: 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, 20 12 ).
Source: 33 SDR 217, effective Jun e 13, 2007 ; 36 SDR 207, effective 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 standard s for primary copper smelting are those in 40 C.F.R. § 63, Subpart QQQ (July 1, 20 12 ).
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 Implement ed: 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, 20 12 ).
Source: 33 SDR 217, effective June 13, 2007 ; 36 S DR 207, effective 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 su lfur 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, 20 12 ).
Source: 33 SDR 217, effective June 13, 2007 ; 36 S DR 207, effective 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 nation al emission standards for ferromanganese and silicomanganese production are those in 40 C.F.R. § 63, Subpart XXX (July 1, 20 12 ).
Source: 33 SDR 217, effective June 13, 2007 ; 36 SDR 207, effective June 28, 2010 ; 39 SDR 219, effective June 25, 2013. Gener al 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, 20 12 ).
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 fo r 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, 20 12 ).
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, 20 12 ).
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, 20 12 ).
Source: 33 SDR 21 7, effective June 13, 2007 ; 36 SDR 207, effective 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, 20 12 ).
Source: 33 SDR 217, effective June 13, 2007 ; 36 SDR 207, effective June 28, 2010 ; 39 SDR 219, effective June 25, 2013. Gen eral 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 ar e those in 40 C.F.R. § 63, Subpart IIII (July 1, 20 12 ).
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.
74:36:08:7 5. 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, 20 12 ).Source: 33 SDR 217, effective June 13, 2007 ; 36 SDR 207, effect ive 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 coat ing of large appliances are those in 40 C.F.R. § 63, Subpart NNNN (July 1, 20 12 ).
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: S DCL 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, 20 12 ).
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, 20 12 ).
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 c oating of wood building products are those in 40 C.F.R. § 63, Subpart QQQQ (July 1, 20 12 ).
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 Imple mented: 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, 20 12 ).
Source: 33 SDR 217, effectiv e June 13, 2007 ; 36 SDR 207, effective 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 emissio n standards for leather finishing operations are those in 40 C.F.R. § 63, Subpart TTTT (July 1, 20 12 ).
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, 20 12 ).
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, 20 12 ).
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, 20 12 ).
Source: 33 SDR 217, effect ive June 13, 2007 ; 36 SDR 207, effective 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, 20 12 ).
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, 20 12 ).
Source: 33 SDR 217, ef

fective June 13, 2007 ; 36 SDR 207, effective 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 batter y stacks. The national emission standards for coke ovens are those in 40 C.F.R. § 63, Subpart CCCCC (July 1, 20 12 ).
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, 20 12 ).
Source: 33 S DR 217, effective June 13, 2007 ; 36 SDR 207, effective 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 emi ssion standards for site remediation are those in 40 C.F.R. § 63, Subpart GGGGG (July 1, 20 12 ).
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, 20 12 ).
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, 20 12 ).Source: 33 SDR 217, effective June 13, 2007 ; 36 SDR 207, effective June 28, 2010 ; 39 SDR

219, effective June 25, 2013. Gene ral 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, 2 0 12 ).
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 polyu rethane foam production
. The national emission standards for flexible polyurethane foam production are those in 40 C.F.R. § 63, Subpart III (July 1, 20 12 ).
Source: 33 SDR 217, effective June 13, 2007 ; 36 SDR 207, effective June 28, 2010 ; 39 SDR 219, effe ctive 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, 20 12 ).
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, 20 12 ).
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 or e processing are those in 40 C.F.R. § 63, Subpart RRRRR (July 1, 20 12 ).
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, 20 12 ).
Source: 33 SDR 217, effective June 13, 2007 ; 36 SDR 207, effecti v e 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, 20 12 ).
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 Implem ented: 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, Subp art DDDDDD (July 1, 20 12 ). 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 s ubject 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, 20 12 )

. 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, 20 12 ).
Source: 33 SDR 217, effective June 13, 2007 ; 36 SDR 207, effective June 28, 2010 ; 39 SDR 219, ef fective 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 n onferrous metals area sources are those in 40 C.F.R. § 63, Subpart GGGGGG (July 1, 20 12 ).
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 Implem ented: 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, 20 12 ). A source that ope rates 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 mus t 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 f or 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, 20 12 )

. Source: 36 SDR 207, effective June 28, 2 010 ; 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 ar ea sources are those in 40 C.F. R . § 63 , Subpart ZZZZZ (July 1, 20 12 ). 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 perm it 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 3 4A

- 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, 20 12 ). 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 op eratingpermit 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 Aut hority: 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, 20 12 ). 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 CC CCCC. 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. Na tional 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, 20 12 ). A source th at 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 sou rces 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 st andards 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, 20 12 ). 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 appli cable 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 produ ction area sources. The national emission standards for carbon black production area sources are those in 40 C.F.R. § 63, Subpart MMMMMM (July 1, 20 12 ).
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

-- C hromium compounds. The national emission standards for chemical manufacturing area sources

-- chromium compounds are th ose in 40 C.F.R. § 63, Subpart NNNNNN (July 1, 20 12 ). 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 thos e in 40 C.F.R. § 63, Subpart OOOOOO (July 1, 20 12 ). 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 o ther 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 Im plemented: SDCL 34A

- 1

- 18.
74:36:08:11 3
. 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, 2 0 12 ). 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 PPP PPP. 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.
74:36:08:11 4
. Nat ional 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, 20 12 ). A source that operates a unit subject to Subpart QQQQQQ is exempt from t he 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 Q QQQQQ.
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

- 18.74:36:08:11 5
. National emission standards for clay ceramic manufacturing area

sources. The nati onal emission standards for clay ceramic manufacturing area sources are those in 40 C.F.R. § 63, Subpart RRRRRR (July 1, 20 12 ). A source that operates a unit subject to Subpart RRRRRR is exempt from the obligation to obtain a Part 70 operating permit if th e 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.
74:36:08:11 6
. National emission standards for glass manufacturing area sources. The national emission standards for glass manufacturing area sources ar e those in 40 C.F.R. § 63, Subpart SSSSSS (July 1, 20 12 ).
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.
74:36:08:11 7
. National emission standards fo r 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, 20 12 ). 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 requirem ents 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.
74:36:08:11 8
. National emission standards for plating and polishing area sourc es. The national emission standards for plating and polishing area sources are those in 40 C.F.R. § 63, Subpart WWWWWW (July 1, 20 12 ). A source that operates a unit subject to Subpart WWWWWW is exempt from the obligation to obtain a Part 70 operating permi t 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, 2 010 ; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

- 1

- 6. Law Implemented: SDCL 34A

- 1

- 18.
74:36:08:11 9
. National emission standards for nine metal fabricati o n and finishing area sources. The national emission standards for nine fabric ation and finishing area sources are those in 40 C.F.R. § 63, Subpart XXXXXX (July 1, 20 12 ). A source that operates a unit subject to Subpart XXXXXX is exempt from the obligation to obtain a Part 70 operating permit if the sourceis 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.
74:36:08:1 20
. 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, Su bpart YYYYYY (July 1, 20 12 ). 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

- 1 8.
74:36:08:1 21
. 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 (Ju ly 1, 20 12 ). 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 Subp art 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.
74:36:0 8 :12 2. 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).
So urce: 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 f or industrial, commercial, and institutional boilers area sources are those in 40 C.F.R. § 63, Subpart JJJJJ J ( July 1, 2012). A source that operates a unit subject to Subpart JJJJJ J 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 JJJJJ J . Exempted sources must still meet the applicable re quir ements in Subpart JJJJJ J

. Source: 39 SDR 219, effective June 25, 2013.Gen eral 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, Subpar t 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 sub ject 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 sta ndards 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, 201 2 ). A source that o perates a unit subject to Subpart AAAAAAA is exempt from the obligation to obtain a Part 70 operating permit if the source is n ot required to obtain a Part 70 operating permit for a reason other than the source is subject to Subpart AAAAAAA

. Exempted sourc es 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 indu stry 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 S DR 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 allie d 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 are a sources. The national emission standards for prepared feeds manufacturing area sources are those in 40 C.F.R. § 63, Subpart DDDDDDD (J uly 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 Su bpart 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 f or 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. G eneral Authority: SDCL 34A

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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

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- 6. Law Implemented: SDCL 34A

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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 desig nated 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

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74:36:09:01.01. Prevention of significant deterioration permit required. New major stationary sources or major modifications to existing major stationary sources that locate in an attainment or unclassified area must obtain a prevention of signi ficant 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

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74:36:09:02. Prev ention 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, 20 12 ) , e xcept 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, 20 12 ) with the following differences: (1) For the purposes of this section, all terms defined in th is 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

. 2 1(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 incor porated 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 ph ra s e , "under 40 CFR 124.10"; and ( 6 ) For the purposes of this section, 40 C.F.R. § 5 2.21(w)(1) is incorporated by referen ce 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 signif icant 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 co urt issues an order vacating or otherwise invalidating EPA's regulation of g reenhouse gases for any reason, the regulati o n 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, ef fective 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

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- 6, 34A

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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, 20 12 ), 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 thi s 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 m ay 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 per iod 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 det ermination and requesting a hearing in accordance with article 74:09 within 30 days of receiving the secretary's final determination. If no person commentson a draft permit, requests changes, or contests the draft permit during the public notice period, t he

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. Ge neral Authority: SDCL 34A

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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 preconstr uction 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 emis sion 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

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74:36:10:02. Definitions. For the purposes of this chapter, the definitions for new source re view are those in 40 C.F.R. § 51.165(a)(1) (July 1, 20 12 )

. 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 A pril 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

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- 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, e ffective 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 so urces 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 propose d 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, 20 12 ).
Source: 30 SDR 26, effective September 1, 2003 ; 31 SDR 101, effectiv e January 2, 2005 ; 36 SDR 207, effective June 28, 2010 ; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

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Note: The procedural requirements for obtaining a preconstruction permit un der the new source review program are simil ar t o 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, effectiv e September 1, 2003.
74:36:10:05. New source review preconstruction permit. A n ew 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 inpart 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 modific ation 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 § 7 4:36:10:07. 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. § 5 1.165(f)(1) to (f)(15), inclusive, ( July 1, 20 12 ). Approval to construct does not relieve an own er 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 d ata, 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 th e 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, e ffective 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 S DR 207, effective June 28, 2010 ; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

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- 6, 34A

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74:36:10:06. Causing or contributing to a violation of any national ambient air quality standard. This sect ion 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 so urce 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 localit y that does not or would not meet the applicable national standard:
POLLUTANT AND SIGNIFICANT LEVELS Averaging time (hours) Annual 24 8 3 1 (1) S O 2: 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 u g/m3

- - -( 4 ) N O2 : 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 o ffsets 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. Ge neral Authority: SDCL 34A

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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 fil ed, 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 loc ated 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 pos itive 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 emiss ions 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. § 5 1.165(a)(9)(ii) through 51.165(a)(9)(iv) (July 1, 2012); ( 2 ) External offsets or those emission limitations from so urces 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 e missions shall be conducted in accordance with 40 C.F.R., Part 51, Appendix S, section IV.D (July 1, 20 12 ); ( 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 applicati on 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 alternati ve 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 hour s 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 applicatio n 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 t he permit application, whichever is earlier ; ( 6 ) Except as set forth in 40 C.F.R. § 51.165(a)(3)(ii)(D) (July 1, 20 12 ), 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 t o 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; t ransferred 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

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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 i ), inclusive, (July 1, 20 12 ). 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 (v i ), inclusive, ( July 1, 20 12 ) available for review upon a request for inspection by the secreta ry or the general public pursuant to the requirements contained in 40 C.F.R. § 70.4(b)(3)(viii) (July 1, 20 12 ).
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, effect ive June 25, 2013. General Authority: SDCL 34A

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- 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, effe ctive 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. 74:36:11:0 2 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 te st 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, 20 12 ).
Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1 975; 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, 2 000 ; 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

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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 emi ssion 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 emissi ons of air pollutants. The results of the required performance test mustbe 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 Decem ber 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

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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 34 A

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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 equip ment 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 longe r 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 depa rtment 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, dis persion 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 g ive 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

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- 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 M ethod 9 in 40 C.F.R. Part 60, Appendix A (July 1, 20 12 ).
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, 20 05 ; 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

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- 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 depa rtment; 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

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- 6.
74:36:12:03. Exceptions granted to alfa lfa 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 Environm ental Protection Agency's Method 9 in 40 C.F.R. Part 60, Appendix A (July 1, 20 12 ).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; trans ferred 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. G eneral Authority: SDCL 34A

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- 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 specifica tions 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, oper ate, 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 1 57, effective April 22, 1993. General Authority: SDCL 34A

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- 12.
74:36:13:02. Minimum performance specifications for all continuous emission monitoring systems. Minimum performance specifications for all continu ous emission monitoring systems are those contained in 40 C.F.R. Part 60, Appendix B and 40 C.F.R. § 60.13 (July 1, 20 12 ).
Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 26 SDR 168, effective June 27, 2000 ; 31 SDR 10 1, 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 containedin 40 C.F.R. § 60.7 (July 1, 20 12 ). All records must be made available to the department on

request.
Sour ce: 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 Jun e 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, 20 12 ) or this article that are detecte d 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 moni tor 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, 20 12 ) and incorporated into a federally enforcea ble 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 Ju ne 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 violate d 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 sou rce pursuant to 40 C.F.R. § 70.6(a)(3) (July

1, 20 12 ) 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, 20 12 ); (b) Other testing, monitoring, or i nformation

- 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 Januar y 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 owne r or operator of a unit that is subject to 40 C.F.R. § 64.2 (July 1, 20 12 ), must comply with 40 C.F.R. §§ 64.1 and 64.3 to 64.10, inclusive , (July 1, 20 12 ).
Source: 25 SDR 123, effective April 4, 1999; 26 SDR 168, effective June 27, 2000 ; 31 SDR 101, eff ective 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 S DR 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, 4 4:10:04:04, 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 7 4:26:04:13, 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, ef fective 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, 20 12 ) 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 S DR 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, 201 3. 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, 20 12 ).Source: 21 SDR 119, effecti ve 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 Aut hority: 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, in clusive , (July 1, 20 12 ) and Appendixes A to H, inclusive, to 40 C.F.R. Part 75 (July 1, 20 12).
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 ox ides emission reduction requirements for the acid rain program are those in 40 C.F.R. §§ 76.1 to 76.16, inclusive , (July 1, 20 12 ).
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 S TREET 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 recordk eeping. 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 Febru ary 11, 1996.

General Authority: SDCL 34A

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- 6, 34A

- 1

- 15. Law Implemented: SDCL 34A

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- 6, 34A

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- 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 t echnology 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) Ut ilizing 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 pretreatmen t 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 wate r, 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 Febr uary 11, 1996. General Authority: SDCL 34A

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- 6, 34A

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- 15. Law Implemented: SDCL 34A

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- 6, 34A

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- 15, 34A

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- 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 N o. 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 Auth ority: SDCL 34A

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- 6, 34A

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- 15. Law Implemented: SDCL 34A

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- 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. C opies 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 informatio n. 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 reaso nable 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

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- 6, 34A

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- 15. Law Implemented: SDCL 34A

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- 6, 34A

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- 15, 34A

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- 38.
74:36:17:05. Street sanding and sweeping recordkeeping. Operators of street sanding and sweeping equipment working in the Rapid City zone s hall 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 a rea; (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

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- 6, 34A

- 1

- 12, 34A

- 1

- 15, 34A

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- 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

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- 6, 34A

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- 15. Law Implemented: SDCL 34A

- 1

- 6, 34A

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- 13 , 34A

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- 15, 34A

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- 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. 74:3 6:18:05 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 emission s 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 cha pter 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 anti cipated 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 p arking 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 co ntrol 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 qual ity 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

- o wned 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 contrac t 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

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- 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 proce dural 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 p articipation, 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 peri od 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. Re quired 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 o r 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 comme ncement 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 co nstruction 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 gran ting 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 mu st 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 mo dified, 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 caus e 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 1 78, 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 im plement 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 A uthority: 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, 20 12 ) 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 Implemen ted: 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 precipitat ion 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, 20 13

. General Authority: SDCL 34A

- 1

- 6, 34A

- 1

- 19. Law Implemented: SDCL 34A

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- 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 whic h 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 (Repeal ed. 36 SDR 207, effective June 28, 2010)CHAPTER 74:36:20

CONSTRUCTION PERMITS FOR NEW SOURCES OR MO D IFICATIONS

Section 74:36:20:01 Applicability. 74:36:20:02 Construction permit required. 74:36:20:02.01 Initiating construction prior to permit issua nce. 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 conten ts 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 Publi c 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 construc tion 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 o r alleged violation. 74:36:20:24 Circum vention 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 34 A

- 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 sourc e 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 accordan ce 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 sour ce 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 recei ving 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 na tional 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, eff ective 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 per mit: (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 exi sting 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 tha t 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 ventilati ng system not designed to remove air pollut ants from equipment; (6) Routine housekeeping or pla nt 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 po llutant 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.
74:36:2 0 :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 theoperation 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. § 5 1

. 1 00 (July 1, 20 12 ). 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 Imple mented: 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 § 7 4:36:20:07.
Source: 36 SDR 207, effective Jun e 28, 2010. General Authority: SDCL 34A

- 1

- 6, 34A

- 1

- 21. Law Implemented: SDCL 34A

- 1

- 21.
74:36:2 0 :07. Required contents of complete application for a construction permit. An application for a construction permit for a new source or modification must inc lude 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 age nt; 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 mate rials, 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 an y 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 certificati on 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 t o 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 Implement ed: 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 appl icant 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 applicat ion 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 t he 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 nec essary 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 applic ant 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 applicatio n 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 depart ment 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 rea sons 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 con test 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 he aring 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 p ermit. 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 § 74:3 6: 2 0:13. 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 o r 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: 2 0:13. 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 decisio n. The notice shall include reference to the procedures for contesting the final permit decision and requesting a hearing inaccordance with article 74:09. For the purpose of this section, the final permit decision means

proposing a permit or denying a per mit. The final per mit 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 automat ically 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 Implemente d: 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 p etition 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 no tice 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 per mit 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.
74:3 6:20:15. 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 permi t; (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) Emissio n 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 requiremen ts 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 priv ilege; 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 3 4A

- 1

- 6, 34A

- 1

- 21. Law Implemented: SDCL 34A

- 1

- 21.
74:36: 2 0:16. 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 admi nistrative 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: S DCL 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 depar tment. 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 pro cedural 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 dep artment 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 determ ines 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 reo pen 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 modi fication 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, eff ective 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 sourc e 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 permi t 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 Im plemented: 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 condit ions, 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. Th e secretary, with the concurrence of the alleged violator, may settle an issue of noncompliance by entering into a compliance agreement with the source that specifie s the date for final compliance of the source and any penalties under SDCL 34A

- 1

- 39. If a c ompliance 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 ch airman 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 S DR 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 conc eals 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, o r 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

- 1 8.
CHAPTER 74:36:21
REGIONAL HAZE PROGRAM

Section 74:36:21:01 Applicabilit y. 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 B ART 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 determ ination. 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 provisi ons 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 correl ate 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 limitati on 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 s ource, 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, limit ed 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 98 th 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 deciview s; (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, 20 12 ); (9) "Visibility impairment," any human perceptible change in visibility such as l ight 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 pro cedures:(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 operati ng 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 aver age 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 mi dnight 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 1 9, 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, incl uding 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 t he extent quantifiable, m u st 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 plant s; (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, sulfur ic, 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; (1 8) 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 t ransfer 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, 20 12 ).
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 re asonably 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, 20 12 ) 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 reas onably 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 impa ct 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
- e ligible 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 pollut ant in excess of the following amounts: (1) PM10 emissions in excess of 67.3 pounds pe r hour, which includes periods of startup and shutdown; (2) PM10 emissions in excess of 0.012 pounds per million Btus, which include s periods of startup and shutdown; (3) Sulfur dioxide emissions in excess of 505 pounds per hour, which includes perio ds of startup , shutdown , and malfunction ; (4) Sulfur dioxide emissions in excess of 0.09 pounds per million Btus, which include s periods of startup , shutdown , and malfunction ; (5) Nitrogen oxide emissions in excess of 561 pounds per hour, which inclu des periods of startup , shutdown , and malfunction ; and (6) Nitrogen oxide emission s 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
u sing continuous emission monitor ing 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

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- 6. Law Implemented: SDCL 34A

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74:36:21:07. Installation of controls based on visibil ity 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 opera te 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 B ART as expeditiously as practicable, but no lat er 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

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- 6. Law Implemented: SDCL 34A

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- 6.74: 3 6:21:08. Operation and maintenance of cont rols. 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 proce dures 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 opera tion 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

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- 6. Law Implemented: SDCL 34A

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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. A ll sulfur dioxide and nitrogen oxide s 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, 20 12 ), 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, 20 12 ). 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 emissio ns 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 mon itoring 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 analy tical 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) Submissio n 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) Requi rements for retention of monitoring records and all supporting documentation for at least five year s from the date of the monitoring sample, measurement, report, or application.
Source: 37 SDR 111, effective December 7, 2010 ; 38 SDR 39, effective Septemb er 19, 2011 ; 39 SDR 219, effective June 25, 2013. General Authority: SDCL 34A

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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 ch apter 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 Auth ority: SDCL 34A

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- 6. Law Implemented: SDCL 34A

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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 l imits, 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

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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 whi ch 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 determinatio n 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 conside r 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 p rocedures 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

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Law Implemented: SDCL 34A

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