# -· 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). 

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

### LawImplemented: 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. 

### 'art

# J }( 

# •**zzzzz~** Source: GeneralAuthority: SDCL 34A-1-6. 

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

### 74:36:08:106. National emission standards for gasoline distribution bulk terminals, bulk plants, and pipeline facilities. The national emission standards for gasoline distribution 

# • bulk terminals, bulk plants, and pipeline facilities are those in 40 C.F.R. § 63, Subpart BBBBBB 183

### Source: GeneralAuthority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18. 74:36:08:107. National emission standards for gasoline dispensing facilities. The

ermit for a reason other than the source is su sources must still meet the a

Source: GeneralAuthority: SDCL 34A-1-6. LawImplemented: 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 • 184

# • miscellaneous coating area sources are those in 40 C.P.R. § 63, 

### Subpart HHHHHH (July 1, 

### k 

## k

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

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

### 74:36:08:109. National emission standards for acrylic and modacrylic fiber • production area sources. The national emission standards for acrylic and modacrylic fiber production area sources are those in 40 C.P.R. § 63, 

### Subpart LLLLLL (July 1, 

### 2009). A source

# ~~exem t from the obli ation to obtain a Part 70 

### f< ermit for a 

### 'F

Source: 

# SJ-rtJ/LLLLLL GeneralAuthority: SDCL 34A-1-6. 

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

# •

185

### 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.P.R. § 

### 63, Subpart MMMMMM (July 1, 2009). Source: GeneralAuthority: SDCL 34A-l-6. Law Implemented: SDCL 34A-l-18. 74:36:08:111. National emission standards for chemical manufacturing area sources

- chromium compounds. The national emission standards for chemical manufacturing area

Source: GeneralAuthority: SDCL 34A-1-6. LawImplemented: SDCL 34A-1-18. ermit for a 

### t:

74:36:08:112. National emission standards for flexible polyurethane foam production and fabrication area sources. The national emission standards for flexible polyurethane foam 

# •
•

production and fabrication area sources are those in 40 C.P.R. § 

### 63, Subpart 000000 (July I, • 186

# •
•
• Source: GeneralAuthority: SDCL 34A-1-6. LawImplemented: SDCL 34A-l-18. ation to 

# r

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

# /-~JlJ Subpart PPPPPP

# h)yO~·. Source: GeneralAuthority: SDCL 34A-1-6. Law Implemented: SDCL 34A-I-18. ermit for 

### areason other than the source is

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, 187

### from the obli obtain a Part 70 o must still 

## oooooo

# *11JF
Source: GeneralAuthority: SDCL 34A-1-6. LawImplemented: SDCL 34A-1-18. 74:36:08:115. National emission standards for clay ceramic manufacturing area 

# •

sources. The national emission standards for clay ceramic manufacturing area sources are those • in 40 C.F.R. .:;<;:



### Subpart

### RRRRRR~~· Source: GeneralAuthority: SDCL 34A-l-6. Law Implemented: SDCL 34A-1-18.

188 

# •

# •
•
• 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.P.R. § 

### 63, 

### Subpart SSSSSS (July l,

### 2009). Source: GeneralAuthority: 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

Source: GeneralAuthority: SDCL 34A-l-6. LawImplemented: SDCL 34A-1-18.

# ----**~** 

### ermit for a 

### >f

# 5~~v-vf- 

# r·Trrr

# r

74:36:08:118. National emission standards for plating and polishing area sources.

# J r 'ded the source is not
SubpartWWWWWW**~~·** 

### Source: GeneralAuthority: SDCL 34A-l-6. LawImplemented: SDCL 34A-l-18. 74:36:08:119. National emission standards for nine metal fabrication and f"mishing area sources. The national emission standards for nine fabrication and finishing area sources are 

# •

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



### Source: GeneralAuthority: SDCL 34A-l-6. LawImplemented: SDCL 34A-l-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.P.R. • 190

# •
•
• ennit for a reason other than the source is sub'ect tot**~** 

### Subpart YYYYYY

### JJ§J~· Source: GeneralAuthority: SDCL 34A-1-6. LawImplemented: SDCL 34A-1-18. 74:36:08:121. National emission standards for nonferrous found other nonferrous found 2009 . A source that o

meet the applicable requirements in**~Rl)b2$** 

### SubpartZZZZZZ**.~·** 

### Source: GeneralAuthority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-18. J(:'



### and other co er and Jul 1

191CHAPTER74:36:09 PREVENTION OF SIGNIFICANT DETERIORATION

Section 74:36:09:01 Applicability. 74:36:09:01.01 Prevention ofsignificant deteriorationpermitrequired. 74:36:09:02 Prevention ofsignificant deterioration. 74:36:09:03 Publicparticipation.

74:36:09:02. Prevention of significant deterioration. For the purposes ofthis chapter, the state's definitions andrequirements for the prevention ofsignificant deterioration are those in 40 C.F.R. § 52.21 (July 1, 2005 July 1, 2009), 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), (q), (s), (t), (u), (x), (y), (z), and (cc) (July 1, 2005 July 1, 2009) with the following differences: (1) For the purposes of this section, all terms defined in this section have the meaning defined in 40 C.F.R. § 52.21, except for the term "administrator" which means the secretarywith the following exceptions:

192 

# •
•
•

# •
•
• (a) In 40 C.P.R. §§ 52.2l(b)(3)(iii) and 52.2l(b)(37)(iii), the term "administrator" means eitherthe secretaryorthe administrator ofEPA, as applicable; (b) In 40 C.P.R. §§ 52.2l(w)(2) to 52.2l(w)(4), inclusive, the term "administrator" means eitherthe secretaryorthe administrator ofEPA, as applicable; (c) In 40 C.P.R. §§ 52.2l(b)(17); 52.21(b)(37)(i); 52.2l(b)(43); 52.21(b)(48)(ii)(c); 52.2l(b)(50)(i); 52.2l(g)(l) to 52.2l(g)(6), inclusive; 52.21(1)(2); and 52.2l(p)(2) the term "administrator" meansthe administrator ofEPA; (2) Forthepurposes ofthis section, the term "Act" means the CleanAirAct; (3) For the purposes ofthis section, in 40 C.F.R. § 52.2l(c), the Class I areas in South Dakota are Wind CaveNational Park and the Badlands National Park; (4) For the purposes of this section, 40 C.F.R § 52.2l(a)(2)(iv)(f) is incorporated by reference excluding the last sentence which states, "For example, if a project involves both an existing emissions unit and a Clean Unit, the projected increase is determined by summing the values determined using the method specified in paragraph (a)(2)(iv)(c) ofthis section for the existing unit and using the method specified in paragraph (a)(2)(iv)(e) of this section for the CleanUnit";

193(5) For the purposes of this section, 40 C.P.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 notbelimitedto, anyactivity(s) that meets therequirements ofthe equipmentreplacementprovisions contained inparagraph (cc) ofthis section"; (6) For the purposes ofthis section, 40 C.P.R. § 52.21(r)(6) is incorporated by reference excludingthe phrase, "(otherthanprojects at a CleanUnitor at a source with a PAL)"; (7) For the purposes ofthis section, 40 C.P.R. § 52.21(v)(l) is incorporated by reference excludingthe phrase, "under40 CFR 124.10"; and (8) For the purposes ofthis section, 40 C.F.R. § 52.21(w)(1) is incorporated byreference • excludingthe phrase, "expires underparagraph (s) ofthis section or". The secretary shall transmit to the administrator of the EPA a copy of each permit application subject to this section and shall notify the administrator of the EPA of each significant actionthe secretarytakes onthe application. Source: 19 SDR 157, effective April22, 1993; 21 SDR 119, effective January 5, 1995; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 33 SDR 43, effective September 18, 2006; 33 SDR217, effectiveJune 13, 2007. GeneralAuthority: SDCL 34A-1-6, 34A-1-18. Law Implemented: SDCL 34A-1-18. 194 

# •

# •
•
• 74:36:09:03. Public participation. For the purposes of this chapter, the state's public participationprocedures are those in40 C.P.R. § 51.166(q) (Jaly 1, 2005 July 1, 2009), excluding thephrase "Theplan shall provide that..." with the following differences: (1) For the purposes of this section, in 40 C.P.R. § 52.166(q) the phrase "reviewing authority" means the secretary; (2) Forthepurposes ofthis section, in 40 C.P.R. § 51.166(q)(I) the phrase "specifiedtime period" means 60 days; (3) For the purposes of this section, in 40 C.P.R. § 5l.l66(q)(2)(iv), the term "administrator" means the administrator ofEPA; ( 4) Forthepurposes ofthis section, in 40 C.P.R. §51.166(q)(2)(iii), thephrase "Notifythe 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 aperson must follow to contestthe draft permit and request ahearing in accordancewith article 74:09;

195(5) For the purposes ofthis 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 hearingin accordance with article 74:09; and (6) For the purposes ofthis section, in 40 C.F.R. § 51.166(q)(2)(viii), if a request for a contested casehearing is not submitted duringthepublicnotice period, the secretary shall make a final determination within 30 days ofthe end ofthe public comment period on the draft permit. The secretary shall notify, in writing, the applicant and each person that submitted written comments orrequested notice ofthe final determination. Thenotice shall includereferencetothe 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 atthe end ofthepublicnoticeperiod. Source: 33 SDR43, effective September 18, 2006. GeneralAuthority: SDCL 34A-l-6, 34A-1-18. Law Implemented: SDCL 34A-l-18. CHAPTER74:36:10 NEW SOURCE REVIEW 

# •
196

# •
•
• Section 74:36:10:01 74:36:10:02 74:36:10:03 74:36:10:03.01 74:36:10:04 74:36:10:05 74:36:10:06 standard. 74:36:10:07 74:36:10:08 74:36:10:09 74:36:10:10 Applicability. Definitions. Repealed. New sourcereview preconstructionpermitrequired. Repealed. New sourcereviewpreconstructionpermit. Causing or contributing to a violation of any national ambient arr quality Determiningcredit for emissionoffsets. Projected actual emissions. Cleanunit testfor emissionunits subjectto lowest achievable emissionrate. Cleanunittest for emissionunits comparabletolowest achievable emissionrate.

74:36:10:02. Defmitions. For the purposes ofthis chapter, the definitions for new source review arethosein40 C.F.R. § 51.165(a)(1) (JHly I, 2QQ3 July 1, 2009).
Forthepurposes ofthis chapter, the term, Act, means the Clean AirAct.
Forthepurposes ofthis section, the term, reviewingauthority, means the secretary.

197

### Source: 19 SDR 157, effective Apri122, 1993; 21 SDR 119, effective January 

### 5, 1995; 30 SDR26, effective September 1, 2003; 31 SDR 101, effectiveJanuary 2, 2005. 

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

### LawImplemented: SDCL34A-1-6. 

### 74:36:10:03.01. New source review preconstruction permit required. New major stationary sources ormajormodifications to existingmajor sources mustobtain apreconstruction permitbeforebeginning actual constructionifthey arelocatedinthefollowing areas: (1) An attainment or unclassified area if the source would cause or contribute to a violation ofanynational ambient air quality standard; or (2) An area designated nonattainment for any national ambient air quality standard ifthe source is majorfor thepollutant 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, (My 1, 2003 July 1, 2009). 

### Source: 30 SDR26, effective September 1, 2003; 31 SDR 101, effective January2, 2005. 

### GeneralAuthority: SDCL 34A-1-6, 34A-1-21. 

### LawImplemented: SDCL 34A-1-6, 34A-1-21. 198 

# •
•
•

# •
•
• Note: The procedural requirements for obtaining a preconstruction permit under the new source review program are similar to the procedural requirements for a Part 70 source, such as a timely and complete application, completeness review, statement ofbasis, public participation, and departmental recommendation, as outlined in§§ 74:36:05:08 to 74:36:05:20.01, inclusive. 

### 74:36:10:05. New source review preconstruction permit. A new source rev1ew preconstructionpermitmust satisfY the following criteriabeforebeginning 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 emissionrate (LAER); (3) Certification of compliance that all other major sources, major modifications, or reconstructed facilities that are owned, operated, orcontrolled bythe applicant either in whole or in part elsewhere in the state are in compliance with all applicable emission limitations and standards; and (4) The total tonnage of increased emissions, in tons per year, resulting from a major modification that must be offset shall be determined by summing the difference between the allowable emissions after the modification and the actual emissions before the modification for each emissions unit. Emissions offsets are determined in accordance with§ 74:36:10:07. 199The owner or operator may use a clean unit test as described in § 74:36:10:09 or 74:36:10:10 to determinewhether emission increases at a clean unit are part ofa project that is a majormodification. The owner or operator may apply for a pollution controlproject exclusion. Theprocedures for a pollution control project exclusion are those in40 C.F

### .R. § 

### 51.165(e

### )(1) to (e)(

### 6), inclusive, (JtH.y 1, 2.003 July 1, 2009). The owner or operatormay apply for a plant-wide applicability limit. The procedures for a plant-wide allowable limit are those in 40 C.P.R. § 

### 51.165(±)(1) to 

### (f)(15), inclusive, 

### (J1:1ly 1, 

# •**~July** 1, 2009). • Approval to construct does not relieve an owner or operator ofthe responsibilityto comply fully with applicable provisions ofthis article or the Clean Air Act and any other requirements under local, state, or federal law. Submission ofpreconstruction monitored or projected ambient air quality data, or both, from the proposed source must accompany the permit application. In addition, air quaiity dispersion modeling and meteorological data for the prescribed area may be required by the department. Costs ofthese requirements mustbe absorbed bythe proposed source.

200 

# •

# • Source: 7 SDR4, 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, effectiveJuly 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 April22, 1993; 21 SDR 119, effective January 5, 1995; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6, 34A-1-22. 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 constructis • filed, except that the offset baseline is the actual emission ofthe unit from which offset credit is obtained ifthe demonstration ofreasonable further progress and attainment ofambient air quality standards is based upon the actual emission ofsources located within a designated nonattainment area; orifthereis no applicable emission limit. 

# • Indetermining credit for emission offsets the following criteria shallbemet: (1) All offsets must be for the same pollutant, result in a net positive air qualitybenefit in the affected area, and be approved bythe department before issuance ofthe permit, even though theyneed notbe in effectuntil the source commences operation;

201

### (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 ofthe permit conditions ofthe participating source or sources. Atno timemaythebaselinebeexceeded; (3) The permissible location ofoffsetting emissions shall be conducted in accordance with 40 C.P.R., Part 51, Appendix S, section IV.D (July 1, 2003 July 1, 

### 2009); (4) For an existing fuel combustion unit, credit shall bebased on the emission limit for the type offuel being burned at the time the application to construct is filed. Ifthe existing source agrees to switch to a cleaner fuel at some future date, emission offset credits based on the allowable or actual emissions for the fuels involved may be allowed only ifpermit conditions specify an alternative control measure that would achieve the same degree ofemission reduction • ifthe source switchedback to the dirtier fuel at some later date; (5) Emission reductions achieved by shutting down an existing unit or curtailing production or operating hours below baseline levels may be credited if the reductions are permanent, quantifiable, federally enforceable, and the area has a federally-approved attainment plan. In 

### addition, the shutdown or curtailed production must occur after August 7, 1977, or less than one yearbefore the date ofsubmitting 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 

# • 202

# • curtailed unit, and the shutdown or curtailment occurred after August 7, 1977, or less than one yearbefore the date ofsubmitting the permit application, whichever is earlier; (6) Except as set forth in 40 C.P.R. §51.165(a)(3)(ii)(D) (Jtlly 1, 2003 July l, 2009), emission offset credit maynotbe allowed for replacing one hydrocarbon compound with another oflesserreactivity; (7) Creditfor emissions reduction maybe claimed to the extent that the departmenthasnot relied on it in issuing a permit or in its demonstration of attainment or reasonable further progress; 

# • (8) Ifthe emissions limit allows greater emissions than the potential to emit oftheunit, the emission offset credit is allowed onlyfor the controlbelowthe potential to emit ofthe unit; (9) Decreases in actual emissions resulting from the installation of add-on control technology or application ofpollution prevention measures that were relied upon in designating an emissions unit as a clean unit or a project as a pollution control project may not be used as offset; (10) Decreases in actual emissions occurring at a clean unit may not be used as offsets, except as provided in40 C.P.R.§ 51.165(c)(8) and (d)(lO) (Il:tly 1, 2003 July 1, 2009). Similarly, decreases in actual emissions occurring at a pollution control project maynotbeused as offsets, • except as provided in40 C.P.R.§ 51.165(e)(6)(iv) (Jaly 1, 2003 July l, 2009); and
203

### (11) All emissionreductions claimed as offset credit mustbe 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 January2, 2005. GeneralAuthority: 

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

### SDCL 34A-l-21, 34A-l-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 therequirements in 40 C.F.R. § 51.165(a)(6)(i) to (v), inclusive, (.fflly 

### 1, 2003 July 1, 

### 2009). This section does not apply to projects at a clean unit or at a source with a plant-wide applicability limit. The owner or operator shall make the information required to be documented in 40 C.F.R. § 51.165(a)(6)(i) to (v), inclusive, (Jwy 1, 2003 July 1, 

### 2009) available for review upon a request for inspection bythe secretary or the general public pursuant to the requirements contained in 40 C.F.R. §70.4(b)(3)(viii) (Jwy 1, 2003 July 1, 

### 2009). 204 

# •
•
•

# •
•
• Source: 30 SDR26, effective September 1, 2003; 31 SDR 101, effective January2, 2005. 

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

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

### 74:36:10:09. Clean unit test for emission units subject to lowest achievable emission rate. A clean unit test maybe 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, (Jt!ly 1, 2003 July 1, 2009). 

### Source: 30 SDR26, effective September 1, 2003; 31 SDR 101, effective January2, 2005. 

### GeneralAuthority: 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 ofa project that is a majormodification for a cleanunit 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 bythe secretaryin accordance withthe provisions in40 C.F.R. § 51.165(d)(2) to (d)(ll), inclusive, (Jt!ly 1, 2003 July 1, 2009). 

### Source: 30 SDR26, effective September 1, 2003; 31 SDR 101, effectiveJanuary2, 2005. 

### General Authority: SDCL 34A-l-6. 205

### Law Implemented: 

### SDCL 34A-1-6. CHAPTER

### 74:36:11 PERFORMANCE TESTING



### Section 74:36:11:01 Stackperformance testing or othertestingmethods. 7

4:36:11 :02 Secretarymayrequire performance tests. 74:36:11:03 Notice to department ofperformance test. 74:36:11:04 Testingnew fuels orraw 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.P.R.§ 60.17; Part 60, Appendix A;§ 63.14; Part 63, Appendix A; and Part 51, Appendix M (all J1:1ly 

### 1, 2005 July 1, 

### 2009). 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 • 206

### • 170, effective May 13, 1991; transferred from§§ 74:26:05:01, 19 SDR 157, effective April22, 1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 1996; 26 SDR 168, effective June 27, 2000; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13,2006. GeneralAuthority: 

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

### SDCL 34A-1-12.

CHAPTER74:36:12 CONTROL OFVISIBLE EMISSIONS 

# • Section 74:36:12:01 Restrictions on visible emissions. 74:36:12:02 Exceptions to restrictions. 74:36:12:03 Exceptions granted to alfalfapalletizes or dehydrators.

74:36:12:01. Restrictions on visible emissions. 

### The owner or operator ofa source may not discharge into the ambient air from a single unit of emissions an air pollutant ofa density equal to or greater than that designated as 20 percent opacity, as established by the 

# •
207Environmental Protection Agency's Method 9 in 40 C.F.R. Part 60, Appendix A (Jaly 1, 2005 • July 1, 2009). Source: SL 1975, ch 16, § 1; transferred from§ 34:10:03:01, 7 SDR 4, effective July 27, 1980; transferred from§ 44:10:03:01, effectiveJuly 1, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 17 SDR 170, effective May 13, 1991; transferred from§ 74:26:03:01, 19 SDR 157, effective April22, 1993; 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April4, 1999; 26 SDR 168, effective June 27, 2000; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006. 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 ofa density no greater than 30 percent opacity, as established by the Environmental Protection Agency's Method 9 in 40 C.F.R. Part 60, Appendix A (Jaly 1, 2005 July l, 2009). Source: 8 SDR 133, effective April 18, 1982; 11 SDR 151, effective May 12, 1985; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 17 SDR 170, effective May 13, 1991; transferred from § 74:26:03:05, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 31 SDR 101, effective January2, 2005; 32 SDR209, effective June 13, 2006. General Authority: SDCL 34A-1-6. 208 

# •
•

# •
•
• Law Implemented: SDCL 34A-1-6.

Section 74:36:13:01 74:36:13:02 74:36:13:03 74:36:13:04 74:36:13:05 74:36:13:06 74:36:13:07 74:36:13:08 CHAPTER

### 74:36:13 CONTINUOUS EMISSION MONITORING SYSTEMS

Secretarymayrequire continuous emissionmonitoring systems (CEMS). Minimum performance specifications for all continuous emission monitoring systems. Reportingrequirements. Notice to department ofexceedance. Compliance determined bydata from continuous emissionmonitor. Compliance certification. Credible evidence. Compliance assurancemonitoring.



### 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.P.R. Part 60, Appendix Band 40 C.P.R.§ 60.13 (Jtlly 1, 2005 July 1,2009). 209Source: 

### 19 SDR 157, effective April22, 1993; 21 SDR 119, effective January 

### 5, 1995; 26 SDR 168, effective June 27, 2000; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006. GeneralAuthority: 

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

### SDCL 34A-1-12. 74:36:13:03. Reporting requirements. 

### Owners or operators ofthose sources required to install continuous emission monitoring systems shall observe the reporting requirements contained in 40 C.P.R. § 

### 60.7 (Jaly 1, 2005 July 1, 

### 2009). All records mustbe made available to
·the department onrequest. Source: 

### 19 SDR 157, effective April22, 1993; 21 SDR 119, effective January 

### 5, 1995; 26 SDR 168, effective June 27, 2000; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006. General Authority: 

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

### SDCL 34A-1-12. 74:36:13:04. Notice to department of exceedance. 

### Any emissions that exceed the standards listed in 40 C.P.R. Part 60 (Jaly 1, 2005 July 1, 2009) or this article that are detected through continuous emission monitoring systems (CEMS) must be reported to the department withinthe time constraints as determinedbythe secretary inthe permit to operate.

210 

# •
•
•

# • Source: 

### 19 SDR 157, effective April22, 1993; 21 SDR 119, effective January 5, 1995; 26 SDR 168, effective June 27, 2000; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006. GeneralAuthority: 

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

### SDCL 34A-l-12. 74:36:13:06. Compliance certification. 

### Notwithstanding any other provision in any plan approved by the administrator, for the purpose of submission of compliance certifications an owner or operator may use monitoring as required under 40 C.F.R. §70.6(a)(3) (J1:1ly 

### 1, 2005 July I, 

### 2009) and incorporated into a federally enforceable operating permit in addition to any specified compliance methods. 

# • Source: 

### 21 SDR 119, effective January 5, 1995; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006. General Authority: 

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

### SDCL 34A-l-12. 74:36:13:07. Credible evidence. 

### Notwithstanding any other prov1s10n, any credible evidence may be used for the purpose of establishing whether a person has violated or is in violation ofaplan. Credible evidenceis as follows: (I) Information from the use ofthe following methods is presumptively credible evidence • ofwhether a violationhas occurred at the source: 211(a) A monitoring method approved for the source pursuant to 40 C.P.R. § 70.6(a)(3) (July 1, 2005 July 1, 2009) and incorporated ina federally enforceable operatingpermit; (b) Compliancemethods specified inthe applicable plan; and (2) The following testing, monitoring, orinformation gatheringmethods arepresumptively credibletesting, monitoring, orinformation-gatheringmethods; (a) Any federally enforceable monitoring or testing methods, including those in 40 C.P.R. Parts 51, 60, 61, and 75 (July 1, 2005 July 1, 2009); (b) Other testing, monitoring, or information-gathering methods that produce information comparable to that produced by any method in subdivision (1) or (2)(a) of this section. Source: 21 SDR 119, effective January 5, 1995; 26 SDR 168, effective June 27, 2000; 31 SDR 101, effectiveJanuary2, 2005; 32 SDR209, effective June 13,2006. General Authority: SDCL34A-l-6, 34A-1-12. LawImplemented: SDCL34A-1-12.

212 

# •
•
•

# •
•
• 74:36:13:081 Compliance assurance monitoring. 

### The owner or operator ofa unit that is subject to 40 C.F.R. § 

### 64.2 (July 1, 2fl05 July 1, 

### 2009), must comply with 40 C.F.R. §§ 

### 64.1 and 64.3 to 64.10, inclusive, (Jaly 1, 2005 July 1, 2009). 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. GeneralAuthority: 

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

### SDCL 34A-1-12. CHAPTER74:36:16 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 emissionmonitoring. 74:36:16:05 Nitrogen oxides emission reduction.

21374:36:16:01. General provisions. 

### The following provisions are incorporated by reference: 40 C.P.R. §§ 72.2 to 72.85, inclusive, (July 1, 2005 July l, 

### 2009) except for the following definitions in §72.2: Environmental Appeals Board, EPA trial staff, ex parte communication, hearing clerk, presiding officer, and state operating permit program and except for§§ 72.4, 72.5, 72.6(c), 72.10, 72.12, 72.13, 72.20, 72.23 to 72.25, inclusive, 72.60 to 72.71, inclusive, 72.73, and 72.74. For the purposes ofthis chapter, "administrator" means the secretary efthe department, except for those authorities which cannot be delegated to the state, in which case "administrator" means the administrator ofthe Environmental Protection Agency. Source: 

### 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April4, 1999; 26 SDR 168, effective June 27, 2000; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006. General Authority: 

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

### SDCL 34A-1-18. 74:36:16:02. Allowance system. 

### The allowance system for the acid rain program is that in 40 C.P.R.§§ 73.1 to 73.53, inclusive, (July 1, 2005 July l,

### 2009). 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. General Authority: 

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

### SDCL 34A-1-18. 214 

# •
•
•

# •
•
• 74:36:16:04. Continuous emission monitoring. The continuous emission monitoring requirements for the acid rainprogram are those in40 C.P.R. §§ 75.1 to 75.67, inclusive,**(J~:!ly** 1,**~July** 1, 2009) and Appendixes A to H, inclusive, to 40 C.P.R. Part 75 (Jl:lly 1, 2005 July 1, 2009). 

### Source: 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April4, 1999; 26 SDR 168, effective June 24, 2000; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effectiveJune 13, 2006. 

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

### Law Implemented: SDCL 34A-1-18. 

### 74:36:16:05. Nitrogen oxides emission reduction. The nitrogen oxides emission reduction requirements for the acid rain program are those in 40 C.P.R. §§ 76.1 to 76.16, inclusive, (July 1, 2005 July 1, 2009). 

### Source: 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April4, 1999; 26 SDR 168, effective June 27, 2000; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effectiveJune 13, 2006. 

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

### Law Implemented: SDCL 34A-1-18.

215CHAPTER74:36:18 REGULATIONS FOR STATE FACILITIES IN THE RAPID CITY AREA

Section 74:36:18:01 74:36:18:02 74:36:18:03 74:36:18:04 74:36:18:05 74:36:18:06 74:36:18:07 74:36:18:08 74:36:18:09 74:36:18:10 74:36:18:11 74:36:18:12 Definitions. Applicability. Pennitrequired. Timeperiod for pennits and renewals. Required contents ofa complete application for apennit. Contents ofpennit. Pennit expiration. Renewal ofpennit. Reasonably available control technologyrequired. Visible emissions limit for construction and continuous operation activities. Exception to visible emission limit. Notice ofoperatingnoncompliance -- Contents.

74:36:18:10. Visible emission limit for construction and continuous operation activities. The owner or operator ofa state facility or state contractor maynot discharge into the 

# •
•

ambient air from a fugitive source an air pollutant of a density equal to or greater than that • 216• designated as 20 percent opacity for a series oftwo minute averages with a minimum ofa total of six minutes ofreadings. The Teflliessee Visual Emissions MetRed 1, as approved

## ay EPA in 

### 4Q C.P.R. 

### § 52.2220 (July 1, 2001) The Environmental Protection Agency's Method 9 in 40 C.F.R

Source: 28 SDR 178, effective July 1, 2002. General Authority: SDCL 34A-1-6. Law Implemented: SDCL34A-1-47, 34A-1-49.

CHAPTER74:36:19 

# • MERCURY BUDGET TRADINGPROGRAM (Repealed)

8eotien 74:36:19:01 General previsions. 74:36:19:02 Designatedrepresentative. 74:36:19:03 Permits. 74:36:19:04 z"ttlnual alleoatien sfmercuryallewaHoes. 

# • 74:36:19:05 Submittingmercury allowance alleoatiens te the administrator. 21774:39:19:09 Base1iseheat iHput. 74:39:19:07 A!lewanee allocatioss for**e~<istiHg** HHits. 74:39:19:08 ·New HHit set aside aoeooot. 74:39:19:09 i\llocatioH ofmerooryallov;anees from sewHHit set aside accoHHt. 74:39:19:10 MerooryreE!Hctios accoHHt. 74:39:19:11 AllocatioH ofmerooryallowanees from merooryreE!HctioH accoHHt. 74:39:19:12**A~proval** ofmeroory allov;ances from sew ooit set aside accoHHt ana meroory redHctioH accoHHt. 74:39:19:13 Allowance traokisg systeFH. 74:39:19:14 Allowancetransfer. 74:39:19:15 Mositorie:g ana reportisg.

74:36:19:01. CeaeFal pFavisiaas. The followisg geseral provisioss are iscorporateEl by reforesce: 

### 40 C.F.R. §§ 90.4102 to 90.4108, isclHsive (JHly 1, 2005). SauFee: 33 SDR 43, effective 8ept6£Hber 18, 2009. CeaeFal t' ..

utharity: 8DCL 34A 1 9, 34A 1 18.**L~v** IIHJ:ilemeftted: 8DCL 34A 1 18. 74:36:19:02. Desiguated FepFeseatative. The follo>.visg desigsated represeHtativ'e provisioss are iscorporated by reforeHce: 40 C.F.R. §§ 90.41Hl to 90.4114, isclusive (JHly 1,

218 

# •
•
•

# •
•
• b 18 2009. . Se teHrer, R 43 effeetJve fl

. The followmg peffll: :3 PerHHts. 

# 7,,,.,,.,0

. . 2005). e· 40 t El by refereRe ' . . e iReorpora e . it flFOYlSlORS ar 0 4124 iRe1uswe 

### . €lt:lly1,



### • """'" ......... . 2304 ........., "''"''.'" . ' . . 010 '"''"""2017" ' 1 al1oeatioRs of The armua . allewaaees.

. R ef

# merea~ rear aREl for mereury allowBJ'lees for the eoRtro1penoEl lR 2 2018 afi:G thereafter' lS r >.·ear . 928 OUROeS pe y .b 18 2009. . S tOHrer, 

### DR 43 effeetl're ep Ceaer h al**+~tlJ:erlt)** . Law CL 34A 1 18. Implemented: SD . Salnaittillg mereary 

### 74::39:19:05. admi&istrater. The alleeatieas te the allewaaee rElaRee with

. . reaairemeffis UIDlllg ..,_ · · g the for submttllR mereury al1owaR ·R aeeo ee al1oeations 1

219§§ 74:36:19:07, 74:36:19:09, and 74:36:19:11 te the A:<:ltBiaistrater efEPA are iaeerporateEi by • refereaee: 40 C.F.R. § 60.4141 (Jaly 1, 2005). SauFee: 33 SDR 43, effeetive SOflteraber 18, 2006. CeneFal }· ..uthaFity: SDCL 34A 1 6, 34A 1 18. Law Implemented: SDCL 34A 1 18. 74:38:19:06. Baseline heat input. The baseliae heat iBfH:lt, ia millioa Bms, 1:1sea with resJ3eet to mer6tll)' allowanee alloeatioas fur eaeh merewy b1:1Eiget l:Hlit are iaeerperateEi by refereaee: 40 C.F.R. § 60.4142(a) (Jl:lfy 1, 2005). Sauree: 33 8DR 43, effeetive 80fltember 18, 2006. 

# • CeneFaL\uthaFity: 8DCL 34A 1 6, 34A 1 18. Law Implemented: SDCL 34A 1 18. 74:36:19:07. AUawanee allaeatians faF existing units. The total amoaat of mereary allowaaees fer .existiag aaits shall eEJ:aal 90 pereeat ef the anB:aal merewy alloeatioas in § 74:36:19:04 fer eoatrolperiod in 2010 throagh 2014, ana 92 pSFeeat fer eoatrol J3erioa in 2015 and thSFeaftSF. AH:**e~<isting** l:lllit is defined as a ID8f6l:H)'b1:1Eiget 1:lllitthathas establisheEi a baseliae heat inj31:lt in aeeordanee vlith §74:36:19:06. Ifthere is more than one**e~<isting** l:H'lit, the amo1:1Bt of merewy allowanee is EietermiaeEi for eaeh**~<isting** l:H'lit by maltij3lying the total amol:lilt of merewy allowanees bythe ratio ofthe baseline heat iapl:lt efthe**e~<istiag** 1:lllit to the total amol:li'lt 

# •

220

# •
•
• . ·4 

### efaU sl:leh eKistiag l:1iltts aa efbaseliae heat mplf . d Fel:lH:diag te st ·'"hele allev;aaee as the aeare "' appFepriate. SaaFee: ' ' 

### 33 SDR 43 effeetive SeptembeF 18, 2006.
r"'T 3A A 1 6 3

### 4A 1 1

### g. h "ty- 

### SDvn 9n ' CeHeFal Aut an . t d· 

### SDGL 34A 1 18. Law ImplemeH e •



### . d . 20!0 aad theFeafteF, FeF eaeh eeH:tFe1 pene m 

# ..............

# -.

. 

# - 74·3&:19:08. New aH . 

### a11ewanees. The ffieF • . . de aeeel:lH:t feF meF61:11) alleeatwas ta s · 

### . . s 74·36:19:04 foF eeatm1 pen

. d . 2015 aad theFeafteF. peno m 

### l3 F18 2006. 33 SDR 43 effeetive**SepteHr~** 

### ' CeHeFal**Aathan~**. 

### • SDGL 34A 1 

### 18. LawlmplemeHted. "t set aside aeeauHt.**He~"** \IHI . llawaHees fF9RI• t" af meFeaf1 a .r . ... 

### it 74:3&:19:09. Allaea1:9H .. 

### '1 b1e to a H:e>.Vl:lH:It. A aeH l:1H:



### . ·de aeee1:1at are thai 

### a es ftem the aew 1:1H:lt set ast . . t ia aeeeFdanee 

### M_,allow'"' . . h 

# a•baoolffie '""' ..,.. . hat has aot estabhs e .

. defiaed as a ffieFetH')' bl:ldget 1:1H:lt G 

### ftom the ae:.v HHit set astde IS . ., eFea=· allewaaees
. · }'gible rOF fFl 'J 

### 6 A 

### em l:IHlt IS EH 

### llO''"aH:SeS ""t'th s 

### 74:36:19:0 . n B " 

### 't t's alleeated ffieF6l:1fY 8? " n 

### s . h *h 

### aew

# l:lH:l~ . d foF "4il6H ttte t """' tbo 

### fi<ot _, ,..,,_ • ••. 

### ·-Bit moy ""''"" •

# '"'""~ aeeel:lH: tati"e efa aevr 

### m d . ated FepFesea ' d s 

### 74·36:19:07. The meFel:lf)'estga 1:1a-eF s · 221to have mereary aJJev;anees from the Hew aBit set asiae aeeelffit traBsferreEi to the mereary • allev1anee traekiBg system eemplianee aeeelffit fer the Hew aBit startiBg vlith the later of the eeBtrel periea iB 2010 or the first eeBtrel period after the eeBtrel period iB v.weh the Hew lHlit eeHHBeBees eeHUBereial eperatieB. The merearyallewanee traBsfer request mastbe sabmitted OB or befere Jaly 

### 1 of the eeBtrel period iB whish the mereary allewanees are reqaested. The mereary desigaated represeBtative may request mereary allewanees iB aB ameHBt Bet eJ(eeediBg the Hew l:Hlit's total mmees ofmeroory emissioBs fer the eeBtrol periea iB whieh the mereuty allewanees are requested. Ifthe reqaests(s) SJ(eeed the mereary allewanees available iB the Be>N l:Hlit set asiae aeeol:lilt fer that eeBtrel periea, the amel:lflt of mereary allewanee shall be EletermiBeEi fer eaeh Hew affit bymaltiplyiBg the total ameaBt ofmereary allewanees bythe ratio ofthe total el:lflees ofmereary emissieBs duriBg the eeBtrel perieEl from eaeh request to the total oooees ofmereu.Ty emissioB ofall saehrequests ana rel:lfl:EiiBg to the Bearest VI-hole allowaBee as • appropriate. Anyl:lflalleeatea mereary allewanees remaiBiBg iB the Hew ooit set asiae aeeeHBt fer the eeBtrel periea shallbebanked fer fu.fure ase. SauFee: 33 SDR 43, effeetive September lS, 2008.**Ce~~enl**Autharity: SDCL 34A 1 8, 34A 1 1S. Law Implemeated: SDCL 34A 1 1g. 74:38:19:10. MenuFy Feduetiaa aeeauat. Fer eaeh eoBtrel perieaiB 2010 aHa thereafter, the seeretary shaH establish a merSI:lf'y reElaetioB aeeoHBt fer mereary allewanees. The mereary allewaBees fer the meroory reEiaetieB aeeelffit shall equal five pereeBt of the antll:lal mereary 

# •
222

# •
•
• . . s 74·36:19:04 for eoetrol peno IH aJioeatioes IH "S • El fol%1' pereeet for eoetrol . El . 2010 tliroegh 2014, an

. El . 2015 ana thereafter. peno m Seuree: ' . g tem:Ber 18, 2006. 33 8DR 43 effeetPreep CeueralAut en . h 'ty· 8DCL 34A 1 6, 34A 1 18. t d· 8DCL 34A 1 18. LawliBJJiemeB e .
"II atieB ef mere } . Hem 

# ,.,,.,,.,u._,,._ .. Hloto '" 

### "'",;og""" "'-- eroory reEluetioH aeeol:ffit are arai a . reduetieu aeeeuut. f mereu11 ur . allewaueesrem 

### M"""'Y olio"'""'" 

### Hom "''"' 1 , ""'""' ..., - 

# "'""'I' fe<

. eoHtrels. Best**meret~Fy** eoHtro . 

# ,..,;,"""oelfl,.., """.,..._, I l 99 """'"" "'"""' 

### of""' .,..._, . eliie'"e greater than or eEfHa o .

.. ....... .... "' """' - ' • . "' ' '""'""" ........._ ,......., ffl

. f HHit or Hew HHit a fr the HHit. An El*IS IHg t for H"' to five emissioHsom _. t"oH aeeoHe ±< " the mer6l:lf)' rett1:1e I Ilomanees from El/ 

### oligiblo "" tho ,...._ '" -• ·,. 

### f "' ""'"'""' """ ,.._"

. . aesigaatea represeHtati ' e 0 . as The**mere~*}** t -·-· OORl"l .... ,_ . "" ....._........... """"'

. . a1lo·¥anees from ·

## e~'~l:lest to ha'le merl&llfY ' · · · Hit "'

# .......,.

# - . "'

. 

# ..""""

# -- " He" eom,.lumee aeeoH 

### 1· s;·stem - .- Ilomanee traeuHg . El

...... - " ... """""" <V w . • . 2919 " "" - "-1..... . later ofthe eoHtrol peno IH

- .......... _... _... h .............. - .. _ trois has ..eeH . . •rh"eh best meroory eofb . .



### - tho 

### ..-ul •""o8 "' '" 

### 4> . I Ml" ""' oo-1 "'"''"m t be s'libmitteEl OH or beforeFe mar; 

### .,jowaooo- ,_,.'""' , 008 

### tho """""Y 

### ollaw""'" t a If the re(jHest(s}**e~le** 

### 1 ees are reCfHes e . r h .,4.-ieh the mereH£y 

### a1 owaa h ll be aetermiHea rer eae '· . aJlowaHee Stta

. a the amoHHt of**mere~*;** .



### .. '1"'1• ;, tho '""""' 

## "'"o-, . ·allow..,., bytho""" a, ai

# ~FROl:i:flt of

# mere~*; . b . mHltiplyiHg the tota aJ

# e~listiRg 'liflit ana/or HeW Hfllt; t" ofeoHtrol effieieHeies ofaJl SHell th SHffiffiatOH . Arol effieieeeyfor a reEf'liest toe ofthe meroor; eoH 223. o the Hearest whole allowaHse as appropnate. >) . '\:H •HHallosatea HH*Sffi)' • reEfHests aHa rOOflaiHg t 1 erioa shaH bebanked for

. sotiffi for the sofltro P . . . the mersm=y redtistlofl as aHowaHses remaiHmg m futt-a'e tiSO. SaaFee: ' ' 33 SDR 43 effestive Septeffil:Jer 18,2006. CeBeFa uH I A thaFif3': SDCL 34A 1 6, 34A 1 18.

. SDCL 34A 1 18. Law ImplemeBted.

m Hew aBit set aside aeeaaBt aBd I f meFeaFy allawaBees fFa d ti 8 aeeaaB · t The aepartmeflt wl meFeaFy Fe ae a fer meremy allowailses to

. HHt Bila traHs t a merem=y redtietioH asso 

## . a 660tifl an 

### !he ....-"' ""

# ~ h t 

### el ......- "' . e aseotiflt for ea<r soB r r allomaaee traekffig system eomphans the Hleretlry " Stieh re<Jtiests as follov;s: (1) The aepartmeflt Will assep , t the

. a b , the aepaFtmeflt as ReSeSSa.FJ to moe ' f< th enr HHit set asiae . t aH al1owaiiee al1oeatiOfl rO<JHOSt «Jre fl n is adJHste ) 1, . f the feEftleSt meets, or aesoHHt Ofl ) 1 reEfffifemeJJ:tS Of§ 74:36:19:09; c the me£6\'lt=u reaHetiOfl t. re«l%est .or .. •J . e t all aUowaase a11osa IOfl '1 (2) The departmeflt VIlli aSS4'J , t the t as Reeessa.FJ to**me~'** . aa·Hstea by the aepartmeH 1, . f the fO<JtieSt meets, Of lSJ aeeotiflt Ofl 

### Y 1 

# ...,..;re.-. ef§74'"'!9'11; . "''''"''""' ...,..,.., " a Ftm flt nriH aetermiRe GO Stim h of the merStifY " 

# •

(3) Theepar

# ~r .r tr 1period aiia traRsfef 74 36·19·11 for the soH o • ,..·th §§ 74:36:19:09 Bile: · · ' adjusted ifl aseoraaiiee nl

224

# •
•
• ., s to the at"J'lFO)'lna e the merol:H)' allovaaoe 11 ""anees are allooatea; asa traokiag system ool'R)'llianoe .4 meroary allowafloe 

### ··4.·03: the merearya- 0 " "1 fthe year for y, 16 1.. "tt a aH

. ffi bvOotober J o tati••e that suuffil e aoeou J • aesigaatea represea ' 

## ·u otify eaoh merowy h f4\ The aepartmeffi Wl fl: that are transferred to Ge

# ~ 7 11o"'asoes tt t f meroary a- " t of the amoUFl o t; ollewaneo "''"""'" ...,..,. I . ,_ '-""""' -- ""

. l:l , al1owasoe traonHg s Aesianatea represeatatlves mere fj ffieFOl:lfj' tt tr• the ooatro1 peno ' . a 60'•ereabythereEJ:UeSt SauFee: ' ' 33 SDR 43 effective September 18, 2009. CeaeFal Aut an . k 

### =ty· SDCL 34/, 1 

## e, 34A 1 18. SDCL 34" 1 18. Lwlt**I~lemeated:** "· 1·**s~zstem** allO'l/Bfl€6 tra6E:lHg J t The followiag " , e ff'aekiag sys em. . . 1. 1 74·3(d9:1.3. All911aBe 6Q 4157

# iaol~:~swe €}try, 

### • • §§

### eO 4151 to u · ' t a by refereaoe: 40 C.R.R. . . . S are iE:OOF)'lOra-e J'lfOYl:Sl:Ofl:

ber 18 2009. 33 SDR 43 effeotiYe Septera ' SaaFee: ' CeaeFalAat an · k "ty· SDCL 34A 1 

## e, 34A 1 18. t d· SDCL 34A 1 18. Law**I~lemea** e .

,. ... aee tFaasfeFS.e 14:30:19:14. 

### 'Jlo" 8 02 "'""'""'

### (Joly 1, 2005). R 

### §§ 90.4190 to 90.41 , t a=s"'er <>rovisioas are allowanoe + n :1:< .t' Th followiag

. o=orateabyrefereaee: 40 C.F.,. 

### me·...- SaaFee. . S tember 18, 2009. . 33 SDR 43, effeotlYeep 225Ce&eFalAatharity: 8DCL 34A 1 9, 34A 1 18.**LW~'IIIHflleme&ted:** 8DCL 34A 1 18. 74:36:19:15. Ma&itaFiag aad FepaFtiHg. The following monitoring and F6flOrting provisions are ineoffJorated by referenee: 40 C.P.R. 

### §§ 90.4170 to 90.4179, inst"asive (laly 1,

SauFee: 33 8DR 43, effeetive 86flteml3er 18, 2009. CeaeFalA.utllaFity: 8DCL 34A 1 9, 34A 1 18.**LW~v** IIHfllemeated: 8DCL 34A 1 18. CHAPTER74:36:20 / / /

CONSTRUCTION PERMTIS FORNEW SOURCES ORMODIFICATIONS 74:36:20:01 Applicability. 74:36:20:02 Constructionpermitrequired. 74:36:20:03 Constructionpermitexemption. 74:36:20:04 Emission unit exemptions. 74:36:20:05 Standard for issuance ofconstructionpermit. 74:36:20:06 Timely and complete application for a construction permitrequired. 74:36:20:07 Required contents ofcomplete application for a construction permit. 74:36:20:08 Applicantrequiredto supplement orcorrect application. 226 

# •

•

# •
•
• 74:36:20:09 Permit**application-~** Completeness review. 74:36:20:10 Timeperiodfor department's recommendation. 74:36:20:11 Publicparticipationin permittingprocess. 74:36:20:12 Publicreview ofdepartment's draftpermit. 74:36:20:13 Finalpermitdecision-- Notice to interestedpersons. 74:36:20:14 Rightto petitionfor contested case hearing. 74:36:20:15 Contents ofconstructionpermit. 74:36:20:16 Administrativepermit amendment. 74:36:20:17 Proceduresfor administrative permit amendments. 74:36:20:18 Reopening constructionpermitfor cause. 74:36:20:19 Procedures to reopen construction permit. 74:36:20:20 Construction permitdoes notexemptfrom otherrequirements. 74:36:20:21 Expiration ofa construction permit. 74:36:20:22 Notice ofconstructing oroperatingnoncompliance-- Contents. 74:36:20:23 Petition for contested case on alleged violation. 74:36:20:24 Circumvention ofemissions not allowed. 74:36:20:01. Applicability. The requirements ofthis chapter apply to the construction of all new sources ormodifications to existing sources. Source: GeneralAuthority: SDCL 34A-l-6, 34A-l-21. LawImplemented: SDCL 34A-1-21. 22774:36:20:02. Construction permit required. A person maynot construct, install, modify, or operate any source or unit likely to cause the emission ofair pollutants into the ambient air or

a constructionpermithas been issued bythe board orthe secretary. Source: 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 constructionpermit: 

# •

(1) A new source or modification to an existing source meeting the requirements of § • 74:36:09; (2) A new source or modification to an existing source meeting the requirements of § 74:36:10; (3) A new source or modification to an existing source authorized under a general permit; (4) A source thatmeets the exemptionrequirements in§§ 74:36:04:02.01 and 74:36:05:04. Source: General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-21.

228 

# •

# • 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 ermit or the emission unit is a licable to a 

### k standard in§§ 74:36:07 or74:36:08: (1) One or more incinerators ofless than 100 pounds per hour combined burning capacity that combustmunicipal orhousehold waste; (2) A mobile internal combustion engme, including those m autos, trucks, tractors, airplanes, locomotives, andboats; (3) Laboratory equipmentused exclusivelyfor chemical orphysical analysis; (4) A unit that has a heat input capability ofnotmorethan 3,500,000 Btusperhour, except • for units fueled with wood orcoal; (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, orpavingparking lots; (7) A unit that has the potential to emit two tons or less per year ofany criteria pollutant before the application ofcontrol equipment. However, the criteria pollutant emissions from the

### ~ i unit must be included in determinin · t e source is re uired to obtain a construction ermit' (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 

# • 229

### emissions from the unit must be included in determining

# ~urce is required to obtain a construction permit. Source: General Authority: 

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

### SDCL 34A-1-21. 74:36:20:05. Standard for issuance ofconstruction permit. 

### A construction permit for a new source ormodification to an existing source maybe issued onlyifit has been shown that the operation ofthe new source or modification to an existing source will not prevent or interfere with the attainment or maintenance of an applicable national ambient air quality standard. Compliance with this requirement as determined by air pollution dispersion modeling sh}t{l 

# rw;t \

# ~ ff 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). Eachnew source ormodificationto an 

# t.v 7k, 

### existing source must comply with emission limits and other requirements ofthe act and Clean 

### I! Air Act. The construction permit must include reasonable conditions, including adherence to act Clean Air Act and an other K ;/( 

### conditions justifiedunder SDCL 34A-1-19. Source: General Authority: 

### SDCL 34A-l-6, 34A-1-19, 34A-1-21. LawImplemented: 

### SDCL 34A-l-21. 

# •
230

# • 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 reguired to have a construction permit shall submit a complete application to the department at least 180 days before the estimated date ofcommencing construction ofthe new source or modification to an existing source. An application is complete ifit meets thereguirements in§ 74:36:20:07. Source: GeneralAuthority: SDCL 34A-l-6, 34A-l-21. Law Implemented: SDCL 34A-l-21. 74:36:20:07. Required contents ofcomplete application for a construction permit. An

### ~I\~ a lication for a construction ermit for a new source or modification must s'u it the followin 

# *

• information to be considered a complete application: (1) The following general companyinformation: (a) The company name and address or the plant name and address ifdifferent from the companyname; (b) The owner's name and agent, and (c) Theplant sitemanager or contact; (2) A description oftheplant and its processes and products; (3) The following information on emissions: (a) Identification and description ofall emissionunits; (b) Fuels, fuel use, raw materials, andproductionrates; 

# • (c) Identification and description ofair pollution control eguipment; 231

### ~~ (d) Limitations on source operation affecting emissions or any work practice standards, :;.(, • "l)ef"e applicable, for all regulated airpollutants; (e) Other infonnation required by any applicable requirements, including information related to stack height limits, such as the location of emissions units, flow rates, building dimensions, and stack parameters, including height, diameter, and plume temperature, for all pollutants regulated at the source; (4) If available, a copy ofany prepared plans and the specifications ofany equipment or

## Jollution control devices· (5) A signed and notarizedcertification ofapplicant form; (6) The results ofany air dispersion modeling required bythe department; 

# • compliance with the act or the Clean AirAct. The application must be signed by the responsible official or designated representative. Source: General Authority: 

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

### SDCL 34A-l-12, 34A-l-21. 74:36:20:08. Applicant required to supplement or correct application. 

### Ifthe applicant is aware that the application is incomplete or that any relevant facts or information contained in an application are incorrect. the applicant shall submit the supplementary facts or corrected information. The applicant shall provide additional information as necessary to address 

# •
232

# • requirements that become applicable after the application is filed but priovtO the release ofthe 

### {<

## /1~ draftpermit. Source: General Authority: SDCL 34A-l-6, 34A-1-21. Law Implemented: SDCL 34A-l-21. 74:36:20:09. Permit application-- Completeness review. The department shall conduct a completeness review ofeach permit application received, as follows: (1) Within 30 days after submission of an application for a construction permit, the department shall notify the applicant in writing whether or not the application is complete or • incomplete. Ifthe department does not notify the applicant that the application is incomplete within 30 days after receipt of the application, the application is considered complete. The department may at any time during the processing of the application request, m writing, additional information necessaryto evaluate ortake final action onthe application; (2) Ifthe application is incomplete or additional information is necessary to evaluate the application, the department shall identify the items required to complete the application. The applicant has 20 working days afterreceipt ofan incomplete notification orrequest for additional information to submit the information, unless an extension beyond the 20 working days is approved bythe department; and 

# •
233(3) The department shall determine the adequacy of the applicant's response to each • incomplete item within 15 days after receipt ofthe response and shall notify the applicant in writing ifthe applicationis or is not complete. Source: General Authority: SDCL 34A-l-6, 34A-1-21. Law Implemented: SDCL 34A-l-21. 74:36:20:10. Time period for department's recommendation. The department shall recommend issuance or denial ofa construction permit within 180 days after the submission ofa complete application and all other additional information necessary for the department to make an informed decision. A recommendation to issue a permit shall include a draft permit with • appropriate conditions to

# ~compliance with the act or%ean Air Act. Failure of the**~** I department to act on an application entitles the applicant to petition for and obtain a contested case review ofthe application without waiting for a department recommendation. The petition must conform to the requirements ofarticle 74:09. Source: GeneralAuthority: SDCL 34A-l-6, 34A-l-21. Law Implemented: SDCL 34A-1-21. 

# •

234

# •
•
• 74:36:20:11. Public participation in 

### permitting process. 

### The department shall mail a copy ofthe draft permit to the applicant. The department shall publish a public notice ofthe draft permit once in a legal newspaper in the county where the source is located. The notice must include a brief statement describing the source and where it is located; the department's recommendation and the reasons for it; the activity or activities involved in the permit action; a statement that a person may submit comments orcontest the draft permit within 30 days after the publication ofthe notice;

# d~~~e1ures aperson must follow to contest the draft permit 

## *'- and request a hearing in accordance with article 74:09; and a statement describing where copies ofthe draft permit or other information may be obtained. The department shall provide to the interested parties a 30-daynotice ofany hearing to contest adraft permit. Source: General Authority: 

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

### SDCL 1-26-27, 34A-l-21, 34A-l-30. 74:36:20:12. Public review of draft permit. 

### During the public comment period, any interested person may submit written comments on the draft permit or request a contested case

### ~ hearing. All comments

## ~ be considered in making a final permit decision on the draft permit as 

## f provided in § 

### 74:36:20:13. A request for a contested case hearing must be in writing and prepared and filed in accordance with article 74:09. The department is not required to accept recommendations or comments that are not based on applicable requirements ofthis article orthe requirements ofthe Clean Air Act.

235Source: General Authority: SDCL 34A-l-6, 34A-1-21. Law Implemented: SDCL 34A-l-21 74:36:20:13. Final permit decision -- Notice to interested persons. The department shall make its final permit decision within 30 days ofthe end ofthe public commentperiod on a draft permit. The department shall notify, in writing, the applicant and each personthat 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 ofthis section, the final permit decision means proposing a permit or denying a permit.

that submitted written comments or requested notification of the final permit decision except underthe following conditions: (1) A later effective date is specified in the final permit decision; (2) A contested case hearing is requested; or (3) No comments or request for changes in the draft permit were received during the public notice period on the draft permit. In this case, the draft permit automaticallybecomes the 

# •
•

final ermit decision and the final ermit is issued at the end ofthe ublic notice eriod. 

### 1. '(-. Source:**,~**

# • General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 1-26-27, 1-26-29, 34A-l-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 ifthe person has an interest affected by the department's draft permit. Such petitions must comply with the provisions ofarticle 74:09 and be received by the department within 30 days after publication of the notice requiredby§ 74:36:20:11. The applicant or an interested person that comments on the draft permit may petition the • board for and obtain a contested case hearing to dispute the department's final permit decision. Such petitions must comply with the provisions of article 74:09 and be received by the department within 30 days afterreceiving the department's final permit decision. Ifthe draft permit orthe final permit decision is contested, the department shall present the draft permit or 

### final permit decision to theboard for action in accordance with article 74:09. Source: General Authority: SDCL 34A-l-6, 34A-1-21. Law Implemented: SDCL 1-26-27, l-26-29, 34A-1-21, 34A-1-30, 34A-1-34. 

# •
23774:36:20:15. Contents of construction permit. A construction permit shall include the • following: (1) The signature ofeitherthe secretary orthe chairman; (2) The name ofthe person, company, political subdivision, agency, or institution granted a permit; (3) Thetype ofoperation; (4) The facility and mailing address; (5) Thedatethe constructionpermitwas granted; (6) A number for administrative reference; (7) The timeline for submitting a timely and complete application for a minor source operatingpermitorPart 70 source operatingpermit; (8) A statement granting a construction permit by the board or secretary and any • conditions that the board or secretary may impose to ensure compliance with the act and\Clean 

### k

# ~M;**~** (9) Emission limits and standards, including operational requirements and limits for all

### ~ 

# * regulated emission units, necessary to assx(re compliance with applicable requirements ofthe act I and1Clean AirAct;

## ~ (10) Monitoring, recordkeeping, and reporting requirements necessary to determine compliance withthe constructionpermit; (11) A severability clause to ensure the continued validity of the various permit requirements ifanyportions ofthe permit are challenged; and (12) Provisions stating the following: 

# •
238

# • (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 exclusiveprivilege; and (c) The permittee shall provide any information, includingrecords, requested in writing bythe department to determine compliance. Source: General Authority: SDCL 34A-l-6, 34A-1-21. Law Implemented: SDCL 34A-l-2l, 34A-1-30. 

# • 74:36:20:16. Administrative permit amendment. An administrative permit amendment may be issued for a revision to an operating permit meeting the requirements of§ 74:36:01:03. An application for an administrative permit amendment shall contain a description ofthe change and documentation supporting the applicant's claim the revision qualifies as an administrative

# ~Jpermit amendment. Source: General Authority: SDCL 34A-l-6, 34A-1-21. Law Implemented: SDCL 34A-l-21 74:36:20:17. Procedures for administrative permit amendments. The source may 

# • implement a proposed revision that is considered an administrative permit amendment 239

# y**~** immediately upon notifying the department. The department shall determine 

### .ifan administrative • permit amendment is applicable to the proposed revision within 15 days ofreceiving a request for a permit revision. The department shall issue administrative permit amendments without the procedural requirements applicable to obtaining a construction permit. Source: General Authority: SDCL 34A-l-6, 34A-1-21. LawImplemented: SDCL 34A-1-21 74:36:20:18. Reopening construction permit for cause. 

### The department may reopen a construction permit for further review if the department determines that the permit contains a material mistake in establishing the emissions standards or limits or other requirements ofthe construction permit or the department determines that the construction permit must be revised to

# ~ompliance with the applicable requirements ofthis article and the Clean Air Act. 7 Source: General Authority: SDCL 34A-l-6, 34A-l-21. Law Implemented: SDCL 34A-1-21 74:36:20:19. Procedures to reopen construction permit. 

### The department shall notif\rthe source at least 30 days before reopening a construction permit. The department may reopen a permit in a shorter time in an emergency. The procedures to reopen a construction permit shall

240 

# •
•

# • follow the procedural requirements to issue a constructionpermit and shall affect onlythose parts ofthe permit for which cause to reopen exist"' 

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

### Law Implemented: SDCL 34A-1-21 

### 74:36:20:20. Construction permit does not exempt from other requirements. The issuance ofa constructionpermit for a new source or modification to an existing source does not exempt the new source or modification to an existing source from obtaining the applicable 

# • operating permit pursuant to § 74:36:04 or § 74:36:05 

## aJ¥} to

, 

## \ emission limitations orrequiremenfofthe Clean Air Act or comply with the applicable IX



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

### Law Implemented: SDCL 34A-l-21 

### 74:36:20:21. Expiration of a construction permit. A construction permit expires ifthe construction ofthe new source or modification to an existing source has not commenced within 18 months after the effective date ofthe construction permit, ifconstruction is discontinued for a period of 18 months ormore, or ifconstruction is not completed within ten years ofthe effective date. If a construction t

# ~licanlSauthorit to commence ;;\'( 

# • construction or com lete construction ofthe new source ormodification to an existin 241

# • Source: General Authority: SDCL 34A-l-6, 34A-l-21. Law Implemented: SDCL 34A-l-21. 74:36:20:22. Notice ofconstructing or operating noncompliance-- Contents. Ifthe department determines that the construction or operation ofa source is not in compliance with this article, the Clean Air Act, or permit conditions, the department may issue a notice ofsuch a finding to the permit holder or operator ofthe source. The notice must contain citations to the rules, statutes, or permit conditions violated and the alleged facts upon which the determination 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 ofthe source and any penalties under SDCL 34A-l-39. If a compliance etition the chairman ofthe board for a 

## -f\ contested casehearing ormay file a civil penalty or injunctive action in circuit court. Source: General Authority: SDCL 34A-l-6. Law Implemented: SDCL 1-26-20, 34A-l-53. 74:36:20:23. Petition for contested case on alleged violation. In 

### accordance with § 

### 74:36:20:22, the department may file a petition containing the information required in article 74:09 with the chairman to request an order directing corrective action.;that an enforcement 

# 1\ •

# ~~ 242

# • hearin be scheduled ursuant to the rovisions of cha ter 74:09:01 or that the construction permitbe suspended orrevoked for noncompliance. Source: General Authority: SDCL 34A-l-6. Law Implemented: SDCL 34A-1-47, 34A-1-49. 74:36:20:24. Circumvention ofemissions not allowed. A person maynot install or cause the installation or use of a device or a

# m~ ch conceals or dilutes an emission of air 1.;(<. pollutants that would otherwise violate this article or the Clean AirAct. This includes operating a

### ~ source, unit, or control device w.)li'eh emits pollutants into the ambient air from an opening other • than the stack, vent, orequivalent opening from which theywere designed to be emitted. Source: General Authority: SDCL 34A-l-6. Law Implemented: SDCL 34A-1-18. 

# •
243

# •
• MEMOTO: FROM: SUBJECT: Aprill, 2010 

### DEPARTMENT 

### of ENVIRONMENT and NATURAL RESOURCES PMB 2020 JOE FOSS BUILDING 523 EAST CAPITOL PIERRE, SOUTH DAKOTA 57501-3182 denr.sd.gov Members ofthe Board ofMinerals and Environment

# Kyrik~bough, 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 ofSouth Dakota (ARSD) 74:36. Those documents are as follows: 1) A copy ofthe statement ofbasis. The statement ofbasis is a narrative review ofthe proposed changes to ARSD 74:36. 2) A copy ofthe Legislative Research Council's letternoting it has reviewed the proposed rules for legality. 3) A copy ofthe proposed changes to ARSD 74:36. The language underscored and colored in blue represent additions. The language strikethrough and coloredinred represent deletions. The language that is highlighted in yellow are those changes recommended by Legislative Research Council for form and style.

# 74:36

### TABLE OF CONTENTS 

# • Chapter Description Page 1.0 Background........................................................................................................................1 

### 2.0 Chapter 74:36:01 - Definitions.........................................................................................3 

### 3.0 Chapters 74:36:02- AmbientAir Quality and 74:36:03- Air QualityEpisodes .......3 4.0 Chapter74:36:04- OperatingPermits for Minor Sources ...........................................3 5.0 Chapter74:36:05- OperatingPermits for Part70 Sources..........................................4 6.0 Chapter74:36:07- New Source Performance Standards .............................................5 7.0 Chapter74:36:08- National Emission Standards for Hazardous AirPollutants.......5 8.0 Chapter74:36:09- Prevention ofSignificant Deterioration.........................................6 9.0 Chapter74:36:10- New Source Review..........................................................................7 10.0 Chapter74:36:11- PerformanceTesting........................................................................7 

# • 11.0 Chapter74:36:12- ControlofVisible Emissions...........................................................7 12.0 Chapter74:36:13- Continuous Emission Monitoring Systems....................................7 13.0 Chapter74:36:16- Acid Rain Program..........................................................................7 14.0 Chapter74:36:18- Regulations for StateFacilities in the Rapid City Area...............7 15.0 Chapter74:36:19- MercuryBudgetTradingProgram................................................7 16.0 Chapter74:36:20- Construction Permits for New Sources orModifications............8 17.0 Response to Initial Comments..........................................................................................8 Appendix A Proposed Amendments to ARSD 74:36- Air Pollution ControlProgram 

# •

# •
•
• 1.0 Background The Air Quality Program within the South Dakota Department ofEnvironment and Natural Resources (DENR) implements federal air qualityprograms to maintainthe air quality in South Dakotain attainment with the federal National Ambient Air Quality Standards and meet other requirements under the federal Clean AirAct. There are several methods in which the U.S. Environmental Protection Agency (EPA) gives states approval to implement federal air quality programs. The more traditional method is for states to adopt rules and submitthe staterules to EPA for implementation into what is called a state implementationplan (SIP). Forthis process, EPAreviews the state's rules to determine ifthe rules are equivalent to the federal regulations and ifthe state'srules are equivalent, EPA approves the state's rules through a federal register notice. The following sections and chapters inthe Administrative Rules ofSouth Dakota (ARSD) are part ofSouthDakota's SIP: 

# • • • • 

# • • • • • • 

# • • 

## • 

# • • Chapter 74:36:01 -Definitions; Chapter 74:36:02- Ambient air quality; Chapter 74:36:03- Air quality episodes; Chapter 74:36:04- Operating permits for minor sources, except section 74:36:04:03.01; Chapter 74:36:06- Regulated air pollutant emissions; Section 74:36:07:08- Ash disposal requirements; Section 74:36:07:29- Operating requirements for wire reclamation furnaces; Section 74:36:07:30- Monitoring requirements for wirereclamation furnaces; Chapter 74:36:09- Prevention ofSignificant Deteriorationprogram; Chapter 74:36:10- New sourcereview; Chapter 74:36:11- Performance testing; Chapter 74:36:12- Control ofvisible emissions; Chapter 74:36:13- Continuous emission monitoring systems, except for section 74:36:13:08; Chapter 74:36:17- Rapid City street sanding and deicing; and Chapter 74:36:18- Regulations for state facilities inthe Rapid City area. Section 74:36:04:03.01 allows DENRto issue a variance to aminor source thatis unable to meet a state emission limit. The variance allows the minor source to operate even though the state emissionlimit is being exceeded while the minor source makes changes to bringthe operations back into compliance with the state emission limit. This section is not included in South Dakota's SIP becauseEPAwill not approve variances in a SIP. Section 74:36:07:08 was implementedto ensure ash generated from municipal waste combustors are disposed ofin accordance with article 74:27- Solid Waste. There is no corresponding federal New Source Performance Standard. Therefore, DENR includedthis section in South Dakota's SIP. Sections 74:36:07:29 and 74:36:07:30 was implementedto establish the operating and monitoringrequirements for wire reclamation furnaces to minimize air emissions from these operations. There are no federal regulations under the New Source Performance Standards that

# •
•
• are applicable to wire reclamation furnaces. Therefore, DENRincludedthese sections in South Dakota's SIP. Section 74:36:13:08 was implemented as part ofDENR'sTitle V air quality permitprogram and establishes the requirements for "Compliance Assurance Monitoring." This section is a part of DENR's approved Title V air quality operating permitprogram. A second method for administrating a federal air quality program is to request delegation ofthe program. The first step in requesting delegations is to adopt state rules that are equivalentto the federal regulations. The easiest method DENRhas found to achieve this goal is to adopt the federal regulations by reference. The federal regulations delegated to DENRare located inthe following chapters in ARSD: • Chapter 74:36:07- New Source Performance Standards, except for section 74:36:07:08, 74:36:07:29, and 74:36:07:30; • Chapter74:36:08 -MaximumAchievable Control Technology Standards; and • Chapter74:36:16- Acid Rain program. A third method for administrating a federal air quality program is to have the particularprogram approved. EPA establishedthis method for the Title V air quality operatingpermitprogram. Just like the first two methods, the state must adoptrules equivalent to the federal program and submitthe rules to EPA for approval. DENRdeveloped an approved Title V air quality operating permitprogram, which is located in Chapter 74:36:05 and section 74:36:13:08. DENR is obligatedby an agreement withEPAto adopt new federal regulations periodicallyto ensure the state's rules are equivalentto EPA'sregulations. EPA has passed several new regulations and revised existing regulations that affect SouthDakota since DENRlastrevised ARSD 74:36 inJune 2007. As part ofthe proposedrevisions, DENRwill update article 74:36to reflect newfederal changes and make minor changes necessary to ensure therules are equivalent to the federal regulations. BeforeDENR adopted its Title V air quality operatingpermitprogram, sources wererequired to obtain a constructionpermitbefore a new source could construct and an existing source could modify its operations. In an effort to streamlinethe process DENRcombined its construction permitprogram with the Title V air quality operatingpermitprogram and with DENR'sminor operating permitprogram. This worked well for many years by allowing DENRto issue air quality permits to new sources and existing sources in a timelymanner. However, inrecent years DENRhas discovered that sources may be hamperedbythis process because a Title V air quality operatingpermitrequires an EPA 45-day review period andthe possibilitythatEPAor some other group may object to the issuance ofthe permiteventhoughthe permitmeets all ofSouth Dakota'srequirements inthe SIP, New Source Performance Standards, Maximum Achievable Control Technology Standards, etc. In addition, EPA recently indicated theyhave legal concerns with SouthDakota's combined construction and Title V air quality operatingpermit. Therefore, DENRis separating its constructionpermit from boththe minor air quality operatingpermit and Title V airquality operatingpermitprogram. 2

# •
•
• The proposedrevisions to South Dakota's Air Pollution Control Program may be viewed in Appendix A. 

### 2.0 Chapter 74:36:01- Definitions Periodically chapter 74:36:01 is reviewed to ensure all definitions are up-to-date and consistent with the other chapters inthe Air Quality Program. DENRis proposing to revise this chapterto incorporate the following: 1. Minor changes to this chapter are proposed such as deleting "Fixed capital cost," "Municipal-type solid waste" "Title II" "Title III" "Title VII" "Title VIII ""TitleIX " ' ' ' ' ' ' "Title X," "Title XI," and "Unit," which are not being used inArticle 74:36, correcting grammatical errors, and revising definition to specify ifthe word orphrasepertains to operatingpermits, constructionpermits, orboth; 2. The federal regulations have updated the definition for volatile organic compounds by adding additional compounds to the list ofcompounds that are not considered a volatile organic compound. In the past, DENR defined volatile organic compounds by listing those compounds EPA determined did notparticipate in atmospheric photochemical reactions. DENR defined volatile organic compounds so the reader could easily determine what compounds were not volatile organic compounds. Today, this definition is readily available onEPA's website and listing eachcompound is unnecessary. Therefore, this definition is beingrevised to reference the federal regulation; 3. Several ofthe definitions reference a specific year ofthe federal regulations. These definitions are beingrevised to reflect the most current version ofthe federal reference; and 4. Two new phrases are being defined inthis chapter associated with the addition ofa constructionpermitprogram. The proposed definitions will define what constitutes a "constructionpermit" and "commenced construction." 

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

### 4.0 Chapter 74:36:04- Operating Permits for Minor Sources DENR is proposing to revise this chapter to incorporate the following: 1. This chapterrequires apermitto allow a minor source to construct and operate. The permit coveredboththe construction and operation ofthe source. DENRis proposing a constructionpermitprogram. Therefore, this chapterneeds only to coverthe operation of the source. The chapterisbeingrevised to remove the references that a permitbe obtainedpriorto construction ormodification ofan existing source. A new source or
3

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• 5.0 source that is modifYing its operations will berequired to submit apermit application for an operating permit within 12-months after commencing operation; · 2. DENRanswers several questions a year involving the exemptions for the operating permits for minor sources. The exemptions in ARSD 74:36:04:03 is being separated into two proposed separate sections. The first section identifies the criteriafor a business as a whole to meetbefore an operatingpermit is required. The second sectionidentifies the emissionunits that are not required to be included in aminorpermit; 3. The types ofexempt emissionunits are beingrevised. The subsections for eachtype of emissionunit was comparedto the insignificant activities associated with the Title V air quality operating permitprogram and adjusted so they were equivalent; 4. One ofthe exemptions for an emissionunit involves burning waste oil meetingthe requirements ofARSD 74:28:27:01. This exemption does not distinguish between the size ofequipment orthe amount ofair emissions generated. This exemption could be construed notto require a permitfor a boiler at a power plant. This section is being revised to delete this automatic exemption. The intention ofthis sectionwas to exempt small businessesthatburn waste oil for heat recovery. These types ofsmall businesses would still meet one ofthe other noted exemptions; 5. There are certain sections inthis chapter that reference a specific year ofthe federal regulations. These references are being revised to reflect the most current version ofthe federal reference; and 6. Section 74:36:04:11 is being repealed since the mainportion ofthis section is already stated in section 74:36:04:10. Chapter 74:36:05- Operating Permits for Part 70 Sources DENR is proposing to revise this chapterto incorporate the following: 1. This chapterreferences a specific year ofthe federal regulations. These references are beingrevisedto reflect the most current version ofthe federal reference; 2. Section 74:36:05:03.01 identifies that sources required to obtain a PSD orNSR preconstructionpermit in chapter 74:36:09 and 74:36: 10, respectively, are required to apply for a Part70 operating permitwithin 12-months after commencing operation. DENRis repealing this section since it is being specified in section74:36:05:08- Timely and complete application for operating permitrequired; 3. EPAhaspromulgated several federal regulations that are applicable to small sources of emissions such as emergency generators, gasoline stations, etc. These standards were promulgated under Sections 111 or 112 ofthe CleanAir Act. SouthDakotahadthe optionto require a Part 70 permit for any or all ofthose sources applicable to a standard promulgated under Ill or 112 ofthe Clean AirAct. In general, these regulations have basic recordkeeping and reporting requirements, are manufacturerbasedregulations, or do nothave requirements for specific operations. The chapter is beingrevised to exempt these small sources applicable to these regulations from obtain a Part 70 permit; 4. This chapterrequires a permitto allow a major source to construct and operate. The permit coveredboththe construction and operation ofthe source. DENRisproposing a construction permitprogram. Therefore, this chapter needs only to coverthe operation of
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• 6.0 the source. The chapteris beingrevised to remove the references that a permitbe obtainedpriorto construction ormodification ofan existing source; and 5. Thispermitprogram containsan EPA review period, where EPA may objectto the permit proposedby DENR. ARSD 74:36:05:21.01 requires DENRto treat EPA's objection, including typographical changes, to the permit as a permit modification. Thepermit program establishes three procedural methods to be used to revise the permit. This section is beingrevised to allow all threeprocedural methods, as applicable. Chapter74:36:07- New Source Performance Standards DENR is proposing to revise this chapter to incorporate the following:

7.0 1. This chapter references a specific year ofthe federal regulations. These references are being revised to reflectthe most current version ofthe federal reference; and 2. EPAhas passed several new regulations that affect South Dakota since DENRlast revised ARSD 74:36 inJune 2007. The chapter will be revised to include the following three standards thatmay be applicable to existing ornew sources in SouthDakota; a. ARSD 74:36:07:22.01 -Standards ofperformancefor equipmentleaks ofVOC inthe synthetic organic chemicals manufacturing industry for which construction, reconstruction, or modification commenced after November 7, 2006; b. ARSD 74:36:07:46.01- Standards ofperformance for petroleum refineries for which construction, reconstruction, or modification commenced after May 14, 2007. c. ARSD 74:36:07:76.01 -Standards ofperformance for equipmentleaks ofVOCin petroleum refineries; and d. ARSD 74:36:07:90- Standards ofperformance for stationary spark ignitioninternal combustionturbines. Chapter 74:36:08- National Emission Standards for Hazardous Air Pollutants DENRis proposingto revise this chapter to incorporate the following: 1. This chapterreferences a specific year ofthe federal regulations. Thesereferences are being revised to reflect the most currentversion ofthe federal reference; and 2. EPA has passed several newregulations orhave existing regulations that now do ormay affect South Dakota since DENRlastrevised ARSD 74:36 inJune 2007. The chapter will berevisedto include the following standards a. ARSD 74:36:08:02.02- Emission standards for benzene emissions from benzene storage vessels; b. ARSD 74:36:08:02.03 -Emission standards for benzene emissions from benzene transfer operations; c. ARSD 74:36:08:02.04- Emission standards for benzene waste operations; d. ARSD 74:36:08:103- National emission standards for hospital ethylene oxide sterilizers; e. ARSD 74:36:08:104- National emission standards for electric arc furnace steelmaking facility area sources; 5

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### g. h. l. j. k. ARSD 74:36:08:105- National emission standards for iron and steel foundry area sources; ARSD 74:36:08:106- National emission standards for gasoline distributionbulk terminals, bulkplants, and pipeline facilities; ARSD 74:36:08:107- National emission standards for gasoline dispensing facilities; ARSD 74:36:08:108 -National emission standards for paint stripping and miscellaneous surface coating area sources; ARSD 74:36:08:109 -National emission standards for acrylic and modacrylic fiber production area sources; ARSD 74:36:08:110- National emission standards for carbon blackproduction area sources; 

### I. ARSD 74:36:08:111 -National emission standards for chemical manufacturing area sources - chromiumcompounds; m. ARSD 74:36:08:112- National emission standards for flexible polyurethane foam production and fabrication area sources; n. ARSD 74:36:08:113 -National emission standards for lead acidbattery manufacturing area sources; o. ARSD 74:36:08:114- National emission standards for woodpreserving area sources; p. ARSD 74:36:08:115- National emission standards for clay ceramic manufacturing area sources; q. ARSD 74:36:08:116- National emission standards for glass manufacturing area sources; r. ARSD 4:36:08:117- National emission standards for secondarynonferrous metal processing area sources; s. ARSD 74:36:08:118 -National emission standards for plating and polishing area sources; t. ARSD 74:36:08:119 -National emission standards for nine metal fabrication and finishing area sources; u. ARSD 74:36:08:120- National emission standards for ferroalloys production area sources; and v. ARSD 74:36:08:121 -National emission standards for aluminum, copper, and other nonferrous foundry area sources. 3. ARSD 74:36:08:93 is a duplicate regulation ofARSD 74:36:08:35. ARSD 74:36:08:93 was to coverpolyurethane foam production facilities and notpolyurethane foam fabrication facilities, which are coveredby ARSD 74:36:08:35. This sectionwill be revised to incorporate the appropriate type offacility. 

### 8.0 Chapter 74:36:09- Prevention ofSignificant Deterioration This chapterreference a specific year ofthe federal regulations. These references are being revised to reflectthe mostcurrent version ofthe federal reference.

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

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

### 11.0 Chapter 74:36:12- Control ofVisible Emissions This chapter reference a specific year ofthe federal regulations. These references are being revised to reflect the most current version ofthe federal reference. 

### 12.0 Chapter 74:36:13- Continuous Emission Monitoring Systems This chapterreference a specific year ofthe federal regulations. These references are being revised to reflect the most current version ofthe federal reference. 

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

### 14.0 Chapter 74:36:18- Regulations for State Facilities in the Rapid City Area. ARSD 74:36:18:I0requires the Tennessee Visual Emission Evaluation Method 1be the test method used to determine compliance with the opacityrequirement. The method is part of Tennessee's state implementationplan and is not directly listed inthe code offederal regulations. Each year, DENR administers two certifications to meet Environmental ProtectionAgency's Method 9 requirements to measure opacity. The majority offederal regulations and state regulations require the opacity to be determined using Environmental ProtectionAgency's Method 9. This section is being revised to require the Environmental Protection Agency's Method 9 to determine compliance with the opacity requirement. 

### 15.0 Chapter 74:36:19- Mercury Budget Trading Program. On March 15, 2005, EPApromulgatedthe Clean Air Mercury Rule to permanently cap and reduce mercury emissions from coal-fired powerplants by approximately 70% nation-wide. In September 2006, South Dakotapromulgated regulations to implementthe CleanAirMercury Rule. On February 8, 2008, the D.C. CircuitvacatedEPA's rule removing powerplants from the CleanAirAct list ofsources ofhazardous air pollutants. Atthe same time, the Court vacated the Clean Air Mercury Rule. In February 2009, EPA asked the Supreme Court to dismiss its request
7

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• to have the Suprement Courtreviewthe D.C. Circuit Court's decision. Instead, EPAplans to develop mercury standards for power plants under a different portion ofClean Air Act. Sincethe underlying federal regualtions have been vacatedbythe court system andEPA no longer plans to pursue these types ofregulations, South Dakota is removing this Chapter. 

### 16.0 Chapter 74:36:20- Construction Permits for New Sources or Modifications. In calendar year 2004, EPAreviewed SouthDakota'sTitle V permitting program. On September 19, 2006, EPA finalized and submitted a copy ofits reportto DENR. Inthe report, EPA identified a concernthat permits issued under South Dakota's Title V permittingprogram, which is a combined construction and operational permittingprogram, could expire. As such, conditions developed because ofthe construction activities could be voided, superseded, or replaced by future Title V permits. EPA's concern is that conditions in constructionpermits shouldbe independently enforceable under Title I ofthe Clean Air Act. Even though DENR disagrees with EPA's concern onour Title V permittingprogram, DENRis proposing a constructionpermittingprogramto eliminatethe confusion onwhich conditions are due to construction ofa facility and which ones are associated with the operations. The constructionpermitting program will follow a similarprocess as the permitting underthe minor permitting and Title V permittingprograms. The constructionpermitting program will require an application, a review ofthat application will be conducted, a draftpermitwill be prepared, the public will be given an opportunityto comment onthe draft permit and application, DENRwill review any comments received and make a final permit decision, and the public will be given an opportunityto contest DENR'sfinal permitdecision, which will be heardby the Board ofMinerals and Environment. 

### 17.0 Response to Initial Comments During January 2010, DENRemailed the proposed changes to 17 different organizations that includeEPA RegionVIII, BadlandsNational Park, Wind Cave National Park, industry, and environmental groups for initial comments. A summary ofthe comments received and DENR's responses follows: 1. 

### Comment: "... questionthe elimination ofthe exemption for emergency generators units deleted under 74:36:04:03." 

### Response: EPA promulgatedfederal regulations under theNew Source Performance Standards that are applicable to new emergency generators. The federal regulations establishrequirements for the manufacturers and owners ofthese newemergency generators. An emergency generator cannotbe considered aninsignificant activity ifa federal requirement is applicable. In addition, byremoving the exemption for emergency generators, DENRis being consistentbetweenthe Minor air quality permitprogram and the Title V air quality permitprogram. Even thoughwe are removing the exemption, an 8

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• emergency generator may still not require a minor air quality permit ifthe potential emissions from the facility is less than or equal to 25 tons peryear (ARSD 74:36:04:02.01(1)). However, a newemergency generator would still have to meet the requirements ofthe federal regulation. DENR considered the comment; but did not propose any changes to the draft rule revisions. 2. Comment: "...what constitutes an emergency generator losing the classification ofbeing mobile orportable?" Response: The question or concern appears to centeraround when a nonroad engine such as a portable emergency generator becomes a stationary source and would be coveredby one ofthe permitprograms. Section 216(10) ofthe Clean Air Act defines a "nonroad engine" as an internal combustion engine that is not used in a motor vehicle or a vehicle used solely for competition orthat is not subject to standardspromulgated under section 111 (New Source Performance Standards) or 202 (mobile sources) ofthe federal CleanAir Act. A more specific definition ofa nonroad engine is outlined in40 CFR 

### § 89.2. Itnotonly states what a nonroad engine is but also specifies when an internal combustion engine is no longer a nonroad engine and becomes a permitted unit. Itstates that an internal combustion engine is not a nonroad engine ifthe engine remains or will remain at a location for more than 12 consecutive months or a shorterperiod oftimefor an engine located at a seasonal source. A portable emergency generator is generally an internal combustion engine located on a trailer and is not subject to section 111 or 202 ofthe federal CleanAir Act. Therefore, a portable emergency generator is considered a nonroad engine and not subjectto permitting. This was more ofa question and did notrequest any changes to the draft rule revisions. 3. Comment: "...do not understand the basis for the minor source exemption levels (74:3604:02.01 and 74:36:05:04) ..." Response: The exemptions noted in ARSD 74:36:05:04 are based onthe federal regulations. 40 CFR 70.3(b)(4) notes that a source subject to the Standards of Performance for NewResidential Wood Heaters and Standard for Demolition and Renovation are not required to obtain a Title V air quality operating permit. The exemptions noted inARSD 74:36:04:02.01 are notnew exemptions. These exemptions were originallypartARSD 74:36:04:03. These exemptions were developed for sources that were consideredto have a negligible impactto air quality in SouthDakota. DENR considered the comment; but did not propose any changes to the draft rule revisions. 4. Comment: "Regarding the removal ofthe Mercury BudgetTrading Program...assume the state will undergo a case-by-case MACT analysis for newormodified major sources with mercury emissions, in accordance with section 1120) ofthe Clean AirAct."

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• Response: DENRwill follow the regulations that are in affect atthe time a new source or a modified source submits its application. For sources that construct orreconstruct a major source ofhazardous air pollutants and is not being regulated by a current standard such as the maximum available control technology standards established in40 CFRPart 63, DENRwill follow the requirements for section 112(g) ofthe CleanAir Act for new or modified sources that is outlined in 40 CFR §§ 63.40 through 63.44 (ARSD 74:36:08:03.01). The requirements implemented in section 1120) ofthe CleanAir Act are established in 40 CFR 

### §§ 63.50 through 63.56 (ARSD 74:36:08:03.01) and are for existing sources that EPA has failed to promulgate a standardby its established deadline. DENR considered the comment; but did not propose any changes to the draftrule revisions. 5. Comment: "...concernis the proposed requirement to include prepared plans and specification ofany equipment or otherfacilities with application for a construction permit...preparedplans and specification are not available inthe early stages ofproject development. .." Response: DENRagrees that for large projects, preparedplans and specifications are not available at the time an application is required prior to construction. Therefore, DENR agrees to revise the language in ARSD 74:36:20:07(4), by adding "Ifavailable" at the beginning ofthe subsection. This revision will require plans and specifications to be submitted only iftheyare available. 6. Comment: "...add language "actual on-site" to Administrative Rule ofSouthDakota 74:36:20:06." Response: The term "actual on-site" is used as part ofthe definition for commenced construction inARSD 74:36:01 :21. Therefore, this language is already incorporated into the suggested section by the definition ofcommencedconstruction. DENR considered the comment; but did not propose any changes to the draft rule revisions. 7. Comment: "...consider adding a provision...contents ofconstructionpermitthat would allow for construction and operation ofunits that differ from the design described in the applicationwithout obtaining approval from the Secretaryprovidedthe final design does not significantly differ from the design described inthe application and the final design would still demonstrate compliance with theNational AmbientAir Quality Standards and PSD increments..." Response: DENRbelieves this request is best suited for the case-by-casereview ofthe applicationforthe minor orTitle V air quality operating permit, whichever is applicable. Duringthis review, DENRcan determine ifthe actual construction differed and ifso, is it significant enoughto warrant operational limits or requirement more restrictive thanthe constructionpermit. DENR consideredthe comment; but did notpropose any changes to the draft rule revisions.

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• 8. Verbal Comment: "...cannot exempt Subparts EEEEEE, FFFFFF, GGGGGG, YYYYY, MMMMMM, and SSSSSS from obtaining aTitle V permit." Response: Some ofthe area source hazardous airpollutant regulations allowa source to be exempt from the obligationto obtain a Part 70 operating permitwhile others are required to obtain a Part 70 operatingpermit. In accordance with40 CFR 

### § § 63.11146(d) (Subpart EEEEEE), 63.11153(d) (Subpart FFFFFF), 63.11160(c) (Subpart GGGGGG), 63.10680(d) (Subpart YYYYY), 63.11400(d) (Subpart MMMMMM), and 63.11449(e) (Subpart SSSSSS) it states that an area source subjectto these subparts mustobtain a Part 70 operatingpermit. DENRremoved the recommended exemption inARSD 74:36:08:100,74:36:08:101,74:36:08:102,74:36:08:104,74:36:08:110, and 74:36:08:116. 9. Verbal Comment: "...the Administrative Rules ofSouth Dakota 74:36:08:02.02, 74:36:08:02.03, and 74:36:08:02.04 shouldreference 40 CFR Part 61 instead of40 CFR Part 60." Response: The federal regulations DENR is recommending to include do come from 40 CFR Part 61. DENR corrected the reference to the appropriate Part. 10. Comment: "The citationreferenced inARSD 74:36:07:03 shouldberevised..." Response: The federal regulations for electric utility steam generators were recently revised. During the revision process, the federal citations were also revised. DENRwill revise ARSD 74:36:07:03 to the correct federal citations. 11. Comment: "The title ofARSD 74:36:07:74 shouldberevised to clarityvolatile organic compounds are addressed..." Response: DENRwill revise the title ofARSD 74:36:07:74 from "Standards of performance for volatile organic emissions from polymer manufacturing industry" to "Standards ofperformance for volatile organic compound emissions from polymer manufacturing industry". 12. Comment: "...there are instances...where titles are altered, abbreviated orcontain typographical error....reiterate that a difference intitle merits no difference in applicability." Response: As noted in the Legislative Research Council's Guide to Form and Style for Administrative Rules ofSouth Dakota, the title givento eachrule is called a catchline. Catchlines help the reader find topics more quickly and provide a quick index to the rules when listed in the contents ofthe chapter. Catchlines are notpart ofthe rules. Everything in the catchline that is essentialto the rule must be repeated inthe body ofthe rule. The importantpart ofthe rule is thereference to the federal citation. As suchthere is no difference in applicability becausethe federal citationidentifies the applicability thatis II

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• referenced by the administrative rule. DENRconsidered the comment; but did not propose any changes to the draftrule revisions. 13. Comment: "...proposed regulation at 74:36:04:15(9) would allowfor compliance with either State law orthe Clean Air Act. Compliance must be with both state and Federal Requirements, the "or"...should be "and"..." Response: DENRagrees to make this recommended change. 14. Comment: "...74:36:04:06 needs language that a minor source applying for an initial operating has already complied with modificationrequirements in 74:36:20:06" and".. . 74:36:05:08(2) may suggest a Permittee needs to only submit a complete application...to prevent confusion inthe future, the language shouldbe revised...Ifthe source has already complied withthe modificationrequirements of74:36:20 or 74:36:09 or 74:36:10..." Response: The concern appears to be that an owner or operator ofsource may think that just an operating permit is required and forgo the constructionpermitting process. A new source ormodificationto anexisting source will be required to apply for and obtain a constructionpermitpriorto constructing the facility or modification under one ofthe construction permitprograms. Therequirement to obtain one ofthese construction permits is not overriddenby therequirements to obtain an operatingpermit. The operatingpermit is in addition to the constructionpermit. However, DENRdoes agree that it wouldbe beneficial to identifythat a constructionpermit is required before constructingthe new source ormodification inthe operatingpermitprogram. DENRwill identify this with a note atthe end ofARSD 74:36:04:06 and 74:36:05:08. 15. Comment: "Minor PermitAmendment is inconsistent with Part 70 definition ofa procedure...for consistency, this shouldbe Minor Permit Modification..." Response: DENRused a different term in an attempt to distinguish betweenthe federal terms such as a major modification under the Prevention ofSignificantDeterioration program, a majormodification underthe Part 70 permittingprogram, and a minor modification under the Part 70 permittingprogram. DENR considers the termminor permit amendmentinstead ofminor modificationbrings clarity and consistencyto its permitting programs. DENR considered the comment; but did notpropose any changes to the draft rule revisions. 16. Verbal Comment: "Several ofthe federal regulations for national emission standards for hazardous airpollutants havebeenrevised by adding an additional section or a table to the subpart. Itis recommended that for those Administrative Rules ofSouthDakotain chapter 74:36:08 that do not reference the subpartberevised to reference the subpartto account for these changes." Response: Generally, the adoption by reference to a subpart was done because the subpart contained a table or an appendix that was not directly associated withthe 12

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• numbering ofthe federal regulation. Ifthere was no such table or appendix, the adoption byreference was to a specific set offederal regulations numbers. For consistency and to incorporate the identified new sections, tables and appendixes, ARSD chapter 74:36:08 will be revised to reference the subpartlettering scheme. 17. Verbal Comment: The regulations for dry cleaners, chromium electroplating (09), and halogenated solvent cleaning (13) identified in Administrative Rules ofSouthDakota 74:36:08:04, 74:36:08:09, 74:36:08:13, reference a December 9, 2005, date. The federal regulations have beenrevised stating area sources have a permanentexemption from a Part 70 operatingpermit. The reference to the December 9, 2005, date shouldbe removed. Response: In accordance with40 CFR §§ 63.320(k), 63.340(e), 63.460(h), the federal rules note that an area source subjectto these subparts is exemptfrom the obligationto obtain a Part70 permitprovidedthe source is notrequired to obtain a Part 70permit for otherreasons. DENR agrees to maketherecommended changes.

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

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• Chapter 74:36:01 74:36:02 74:36:03 74:36:04 74:36:05 74:36:06 74:36:07 74:36:08 74:36:09 74:36:10 74:36:11 74:36:12 74:36:13 74:36:14 74:36:15 74:36:16 74:36:17 ARTICLE 74:36 AIRPOLLUTION CONTROL PROGRAM

Definitions. Ambient air quality. Airquality episodes. Operatingpermits for minor sources. Operatingpermits for Part 70 sources. Regulated airpollutant emissions. New sourceperformance standards. National emission standards for hazardous airpollutants. Prevention ofsignificant deterioration. New sourcereview. Performancetesting. Control ofvisible emissions. Continuous emissionmonitoring systems. Variances, Repealed. Openburning, Transferred orRepealed. Acidrainprogram. Rapid City street sanding and deicing.74:36:18 74:36:19 74:36:20

Section 74:36:01:01 74:36:01:02 74:36:01:03 74:36:01:04 74:36:01:05 74:36:01:06 74:36:01:07 74:36:01:08 74:36:01:09 74:36:01:10 74:36:01:11 74:36:01:12 Regulations for state facilities in the Rapid Cityarea. Mercurybudgettrading program, Repealed. Constructionpermits for new sources ormodifications.

CHAPTER74:36:01 DEFINITIONS

Definitions. Repealed. Administrativepermit amendment defined. Affected states defined. Applicablerequirements ofthe Clean AirAct defined. Complete application defined. Repealed. Major source defined. Categories ofsources defined. Modification defined. National ambient air quality standard (NAAQS). Potential to emit defined. 

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# • 74:36:01:13 74:36:01:14 Process weight rate defined. Repealed. 74:36:01:15 Regulated airpollutant 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 Existingmunicipal solid waste landfill defined. 74:36:01:20 Physical change in orchange in the method ofoperation defined. 74:36:01:21 Commenced construction defined. 74:36:01:01. Defmitions. Unlessotherwise specified, the terms used in this article mean: 

# • (1) "Act," chapter 34A-1 ofthe SouthDakota Codified Laws; (2) "Acid rain permit," a legallybinding written document orportion ofa 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 ofthe affected source; (3) "Acid rain program," the national sulfur dioxide and nitrogen oxides air pollution control and emissions reduction program establishedinaccordance withTitle IV ofthe Clean Air Act· 

### _, (4) "Administrator," the administrator of the Environmental Protection Agency or the secretary of the Departmeat of Ea-viFOHffieHt aaa Natuml ResoHFees or their authorized 

# • representatives; 3(5) "Affected source," a source that includes one or more affected units under Title IV of the Clean AirAct; (6) "Affected unit," a unit that is subject to any ofthe emission reduction requirements or emission limits pursuantto Title IV ofthe CleanAir Act or chapter 74:36:16; (7) "Air pollutant," one or a combination ofthe regulated air pollutants listed in§ 74:36:0 (8) "Allowable emissions," the emission rate calculated using the maximumrated capacity of a source unless the source is subject to federally enforceable limits which restrict operating rate, hours ofoperation, orboth, and the most stringent ofthe following: (a) The applicable new sourceperformance 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, 2005 July 1, 2009); (9) "Ambient air," that portion of the atmosphere external to buildings to which the general public has access; (10) "ASTM," the American Societyfor Testing and Materials; (11) "Board," theBoard ofMinerals and Environment; (12) "Btu," British thermal unit; (13) "CO," carbonmonoxide; (14) "Chairman," chairman oftheboard; (15) "Clean Air Act," the Clean Air Act, as ameaded, 42 U.S.C. 7401 et seq., as amended throughNovember 15, 1990 January l, 2010;
4 

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# • (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 orreduces emissions; (18) "Criteria pollutant," selected and specified pollutants for which limiting ambient air quality standards have been set, including sulfur dioxides, particulate matter, carbon monoxide, ozone, nitrogen oxides, and lead; (19) "Department," the South DakotaDepartment ofEnvironment 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 ofand compliance with permits, permit applications, and • compliance plans for theunit; (21) "Draft permit," the version of a permit for which the department offers public participation or affected state review; (22) "Emissions allowable under the permit," a federally enforceable permit term or condition determined at issuance to be required by an applicable requirement that establishes an emissions limit, including work practice standards, or a federally enforceable emissions cap that the source has assumed to avoid an applicable requirement to which the source would otherwise be subject; (23) "Emission standard," the maximum amount of a pollutant legally permitted to be discharged from a single unit; 

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5(24) "Emissionunit," "Unit," anypart or activityofa stationary source which emits or has • the potential to emit a regulated airpollutantregula-ted under or anypollutant listed under section 112(b) oftheaet Clean Air Act; (25) "EPA," the Environmental ProtectionAgency; (26) "Equivalent method," any method ofsampling 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 sourcethat has an approved state-issued variance orpermit; (28) "Facility," a building, structure, or installation ofpollutant-emitting activities which belong to the same industrial grouping, located on one ormore 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 iftheybelong to the same major group, i.e., have the same two-digit code, as described inthe Standard Industrial ClassificationManual, 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 developedpursuant to this article, those appearing in 40 C.F.R. §§ 60 and 61 (July 1, 2005 July 1, 2009), requirements within the state implementation plan, and permit requirements establishedpursuantto this article or 40 C.F.R. §51 SubpartI (July 1, 2005 July 1, 2009). The use ofthis term does not impedethe department's authorityunder state law to enforce these limits and conditions; (30) "Final permit" the version of an operating permit issued by the permitting authority for a sourcethathas completed all required review procedures; 

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• (31) "Filled Sl%flital eost," the Sl%flital Heeded to provide all depreeiable SOHlfJOHeHts;**~** 

### .QD "Fuel-burning unit," a furnace, boiler, apparatus, stack, or any of their components used in the process ofburning fuel or other combustible material for the primary purposes ofproducingheat orpowerbyindirect heat transfer;**~** .Q12 "Fugitive emissions," those air pollutants which could not reasonably pass through a stack, chimney, vent, or otherfunctionally equivalent opening; 

## fM1 Qil "General permit," apermitissuedbythe board in accordance with SDCL 34A-1- 56 that maybemade applicable to numerous similar sources;**~** Q1} "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 ordesigner's guaranteed maximum input, whichever is greater;**~** (35) "Incinerator," a furnace used to bum solid waste to reduce the volume of the wastebyremoving its combustible material;**~** QQl "Malfunction," any sudden and unavoidable failure of air pollution control equipment orprocess equipment orofa process to operate in a normal or usual manner, but not a failure caused entirely orinpartbypoor maintenance, careless operation, preventable equipment breakdown, orany other cause within the control ofthe owner or operator ofthe source;**~** Ql) "Minor source," a source whose potential emissions of a criteria pollutant are less than 100 tons a year and which does not meetthe definition ofa Part 70 source; (39) "Mlffiieipal t)'fle solid waste," as defiHed iH 40 C.P.R. § 60.5la (Jffiy 1, 2005);**~** QID "New source," a source that has not been constructed and does not possess a permit or an approved state-issued variance;

7

## t4B .Q2.l "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 sourcereview;**~** 

## Bll "Opacity," the degree to which emissions reduce the transmission oflight and obscurethe view ofan objectinthebackground; f441 (42) "Openburning," theburning ofany matter in such a manner that theproducts of combustion resulting from the burning are emitted directly into the ambient air without passage through a stack, duct, orchimney;**~** .(1ll "Operating permit," a written authorization issued by the board or the secretary for the eoastmetioa oroperation ofa source; 

# •**~** (44) "Owner or operator," any person who owns, leases, operates, controls, or • superv1ses a source; 

### +4+1J±21 Repealed; 

### f4&1 ( 46) "Part 70 operating permit," any permit or group ofpermits covering a Part 70 sourcethat is issued, renewed, amended, orrevised; 

### f491 (47) "Part 70 source," any source subjectto§ 74:36:05:03;**~** (48) "Particulate matter," a broad class of chemically and physically diverse substancesthatexist as discreteparticles, liquiddroplets, or solids over a widerange ofsizes; f3-l-1 (49) "Permit modification," a revisioa 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;

8 

# •

# •
•
•**~** (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 minorpermit amendment;**~** Gl} "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 ofthe foregoing;**~.(if}** "PMIO," particulate matter with an aerodynamic diameter less than or equal to a nominal ten micrometers as measured byan applicable reference orequivalent method;**~** Ql)_ "Proposed Part 70 operating permit," apermit that the department has forwarded to EPA for review after the closure ofthe public notice period and after considering any public comments, includingthose from affected states;**~** 

## 12.±1 "PSD," prevention ofsignificant deterioration;**~Gil** Repealed;**~** 0.2} "Salvage operation," an operation conducted in whole or in part for the reclaiming ofproduct ormaterial;**~** {212 "Secretary," the secretary ofthe SouthDakota Department ofEnvironment and Natural Resources or an authorized representative; (-601 .G.ID_ "Shutdown," the cessation of operation of any control equipment, process equipment, orprocess for any purposes; 

## te--4**~** "Smoke," small gas-home particles resulting from incomplete combustion, consisting predominantly, but not exclusively, of carbon, ash, and other combustible material, that form a visible plumein the air;

9**~** (60) "Source," a facility that emits or may emit any air pollutant regulated under the CleanAir Act;**~** .!Q1} "Start-up," the setting into operation of any control equipment, process equipment, orprocess for anypurpose;**~** (62) "Title I," Title I ofthe Clean AirActAmendments, provisions for attainment and maintenance ofnational ambient air quality standards; (65) "Title II," Title II of the Cleat!: Air Act Amendments, provisions relating to mobile somees; (66) "Title III," Title III ofthe Cleat!: A.ir AetAmendments, ha21areol:ls airpolll:ltaRts;**~** {@ "Title IV," Title IV ofthe CleanAirAct Amendments, acid deposition control; t68) (64) "TitleV," Title V ofthe CleanAirAct Amendments, permits; 

# •

{69) {§2} "Title VI," Title VI of the Clean Air Act Amendments, stratospheric ozone • protection; (70) "Title VII," Title VII of the Clean Air Aet Amendments, provisions relating to enforeOffient; (71) "TitleVIII," Title VIII oftheCleanAir Act Amendments,**miseellat~:eel:ts** previsions; (72) "Title IX," Title IX ofthe Cleat!: f.ir Act Amendments, eleatJ: airreseareh; (73) "Title X," Title X of the Cleat!: l\ir Aet Amendments, disadvatltaged bl:lsifless eoneerns; (74) "Title XI," Title XI of the Cleat!: Air Aet Amendments, eleatJ: atr 6111]9loyment transition assistatJ:ee; (75) "Unit" or "emission unit," at!:)' portable or stationary eqHipment or aetivity that emits orhas the potential to emit apolll:ltant regHlated tmder the t\et; 10 

# •

# • f761 (66) "Variance," a written authorization issued by the boardto operate a minor source in an attainment area that is notin compliance with certainportions ofthe Act; 

## fR-1 (67) "VOC," "volatile organic compounds," any compound of carbon whieh participates in atmospheric photechemica-1 reactions, t*cluding careen moaoxide, careen dim<ide, carbonic acid, meta-llic carbides or carbonates, and a!Hfflonium carbonate and excluding the following, which have been determined to have negligible photochemical reactivity: acetone; methane; ethane; rneth:ylene chloride (diehlorornethane); 1,1,1 triehloroethane (methyl eh!orofof!H); 1,1,2 triehloro 1,2,2 triflueroethane (CFC 113); triohlorofluoromethane (CFC 11); diehlorodifluommethane (CFC 12); ehlorodifluoromethane (HCFC 22); trifluoromethane (HFC 23) 1,2 diehloro 1,1,2,2 tetrafluoroethane (CFC 114); ehloropentaflueroethane (CFC liS) 1,1,1 trifluom 2,2 diehloroethane (HCFC 123); 1,1,1,2 tetrafluoroethane (HFC 134a); 1,1 diehloro 1 • flu.oroethane (HCFC 1419) 1 ehloro 1,1 difluoroethane (HCFC 1429); 2 chloro 1,1,1,2 tetrafluoroethane (HCFC 124); pentafluoroethane (HFC 125); 1,1,2,2 tetrafluoroethane (HFC 134); 1,1,1 triflaoroethane (HFC 143a); 1,1 difluoroethane (HFC 1S2a); 1,1,1,2,3,4,4,3,3,3 deeafluoropentane (HFC 43 lOrnee); 3,3 diehloro 1,1,1,2,2 pentaflaoropropane (HCFC 225oa); 1,3 diehloro 1,1,2,2,3 pentaflaoropropane (HCFC 22Soa); parachloreaenzotrifluoride (PCBTF); eyelie, branched, or linear eompletely methylated siloxanes; perehloroethylene (tetrachloroethylene); difluorornethane (HFC 32); ethylfluoride (HFC 161); 1,1,1,3,3,3 hel<afluoropropane (HFC 236fa); 1,1,2,2,3 pentaflaoropropane (HFC 24Sea); 1,1,2,3,3 pentafluoroj:)FOj'lane (HFC 245ea); 1,1,1,2,3 pentaflooroprOfJane (HFC 245613); 1,1,1,3,3 pentafluoropropane (HFC 245fa); 1,1,1,2,3,3 hexafluoroprOfJane (HFC 236ea); 1,1,1,3,3, pentaflaorobutane (HFC 365rnfe); ehloroflu.oromethane (HCFC 31); 1 eh1oro 1 fluoroethane • (HCFC 151a); 1,2 diehloro 1,1,2 trifluoroethane (HCFC 123a); 1,1,1,2,2,3,3,4,4 nonafluoro 

### 4
11methm<y butane (C4F 9GGH;, or HFE 7100); 2 (difluoromethmcymethyJ) 1,1,1,2,3,3,3 • heptafluoropropane ((CF;,j;;CFCF,.QGH;); 1 ethm<y 1,1,2,2,3,3,4,4,4 nonafluorobutane**(G¢ GG~**  or HFE 7200); 2 (ethm<ydifluoromethyl) 1,1,1,2,3,3,3 heptafluoropropane**((GF;;.j,.GFGF,.GG~);** methyl aeetate; 1,1,1,2,2,3,3 heptafluoro 3 methoKy prnpane (n C;,F 1

### GGR;, HFE 7000); 3 ethoxy 1,1,1,2,3,4,4,5,5,a,a,a dodecafluoro 2 (trifluoromethy1)**he~<ane** (HFE 7500); 1,1,1,2,3,3,3 heptafluoropropane (HFC227ea); methyl formate (HCOOCI-4); andperfluorocarbon compounds which fall into these classes: (a) Cyelic, Branched, or lh'lear completelyfluorinated alkanes; (b) Cyclic, braRehed, orlinearcompletelyfluorinated ethers 'Nith no unsaturations; (e) Gyelic, Brll:fiehed, or liB:ear completely fluorinated tertiary arnines with no uB:saturatioB:s; and (dj Sulfur coB:tairliB:g perflaorocarBons with no unsaturations aB:d with sulfur Bonds • onlyto carBOB: and fluoriB:e; as defined in 40 C.F.R. § 51.1OO(s) (July 1, 2009); pg) @ "Wire reclamation furnace," a furnace that uses either direct or indirect heat transferto salvagenonferrous metals through thethermal destruction ofsolid waste materials; f791 (69) "PM2.5," particulatematterwith an aerodynamic diameterless than or equal to a nominal 2.5 micrometers as measuredbyan applicablereference orequivalentmethod;**~** (70) 

### "802," sulfur dioxide; and 

### f8Bflll"N02," nitrogen**dioxide~** and (72) "Constructionpermit," a written authorization issuedbythe board or the secretarv for the construction and operation ofa new source ormodificationto an existing source. 

# •
12

# •
• 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, effectiveJune 13, 2006. GeneralAuthority: 

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

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

### Standard Industrial Classification Manual, 1987, Executive Office of the President, Office ofManagement and Budget. Copies maybe obtained from National Technical Information Service, 5285 Port Royal Road, Springfield, Virginia 22161, order no. PB 87- 100012. Cost: $31. 74:36:01:02. Actual emissions defined. 

### Repealed. Source: 

### SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from § 34:10:01:01, 7 SDR 4, effective July 27, 1980; transferred from§ 44:10:01:01, effective July 1, 1981; 8 SDR 71, effective December 21, 1981; 10 SDR 68, effective January 5, 1984; 13 SDR • 129, 13 SDR 141, effective July 1, 

### 1987; 14 

### SDR 72, effective November 24, 1987; 16 SDR 88, 13effective November 14, 1989; 17 SDR 170, effective May 13, 1991; transferred from § 74:26:01:01, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; repealed, 31 SDR 101, effective January2, 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 mayissue an administrativepermit amendment ifitaccomplishes one ofthe following: (1) Corrects typographical errors; (2) Changes the name, address, orphone number ofany person identified in the permit or provides a similarminor administrative change atthe source; (3) Requires more frequent monitoring orreportingbythepermittee; (4) Allows for a change in ownership or operational control ofa source ifthe department determines that no other change in the permit is necessary and a written agreement containing a specific date for transfer ofpermit responsibility, coverage, and liabilitybetween the current and new permittee has been submitted to the department. Ifthe change in ownership or operational control changes the designated representative for an acid rain permit, the change is considered a permitmodification and the procedures outlinedin § 74:36:05:39 apply; or

14 

# •
•
•

# • (5) Any other change that the Administrator ofthe EPA and the secretary determines to be similarto the requirements in subdivisions (1) to (4), inclusive, ofthis section. 

### Source: 19 SDR 157, effective April22, 1993; 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April4, 1999. 

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

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

### 74:36:01:04. Affected states defmed. Affected states are all states whose air qualitymay be affected by and that are contiguous to the state in which an operating permit, permit modification, orpermitrenewal for a Part 70 source isbeing proposed orthat are within 50 miles • ofthe permitted source. 

### Source: 19 SDR 157, effectiveApril22, 1993. 

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

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

### 74:36:01:05. Applicable requirements of the Clean Air Act defined. Applicable requirements ofthe Clean AirAct include all ofthe following as theyapply to emissions units in a Part 70 source, unless the context ofthe CleanAirAct 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 ofthe Clean Air Act that 15implements the relevant requirements ofthe Clean Air Act, including any revisions to that plan promulgatedinPart 52 of40C.F.R. (Jlliy 1, 2005 July 1, 2009); (2) Any term or condition of any preconstruction permits issued pursuant to regulations approved through rulemakingunderTitle I, includingParts CorD, ofthe CleanAir Act; (3) Any standard or other requirement under § 111 of the Clean Air Act, including § lll(d); (4) Any standard or other requirement under § 112 ofthe Clean Air Act, including any requirement concerning accidentpreventionunder§ 112(r)(7) ofthe CleanAirAct; (5) Any standard or otherrequirement ofthe acidrain programunderTitle IV ofthe Clean Air Actorthe regulations promulgatedunderit; (6) Any monitoring, reporting, and certification requirements established pursuant to § 504(b) or 114(a)(3) ofthe CleanAir Act; (7) Any standard or other requirement governing solid waste incineration, under§ 129 of the CleanAirAct; (8) Any standard or other requirement for consumer and commercial products, under § 183(e) ofthe CleanAirAct; (9) Any standard or other requirement for tank vessels, under § 183(f) ofthe Clean Air Act; (10) Any standard or other requirement ofthe program to control air pollution from outer continental shelfsources, under§ 328 ofthe Clean Air Act; (11) Any standard or other requirement of the regulations promulgated to protect stratospheric ozoneunder Title VI ofthe Clean Air Act, unless the administrator ofthe EPAhas determined that suchrequirements need notbe contained in a Part 70 operatingpermit; and 16 

# •
•
•

# • (12) Anynational ambient air quality standard orincrement orvisibilityrequirement under Part C ofTitle I ofthe Clean Air Act, but only as it would apply to temporary sources permitted pursuant to§ 504(e) ofthe Clean AirAct. Source: 

### 19 SDR 157, effective April22, 1993; 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April4, 1999; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006. General Authority: 

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

### SDCL 34A-1-6. 74:36:01:06. Complete application delmed. 

### A complete application is one that the • department has determined to contain all the information needed to begin to process the application. A determination that an application is complete continues in effect if the source submits by the date or dates specified by the department any additional information reasonably determined by the department to be necessary for developing and issuing the permit and requested inwriting. Source: 

### 19 SDR 157, effective April22, 1993. GeneralAuthority: 

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

### SDCL 34A-1-6. 74:36:01:07. Major modification defined. 

### Repealed. 

# •
17Source: 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 April22, 1993; 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April4, 1999; repealed, 31 SDR 101, effective January 2, 2005. 74:36:01:08. Major source defmed. A major source is any source or any group of sources that is located on one or more contiguous or adjacent properties, that is under control of the same person or ofpersons under common control, that belongs to a single major industrial grouping, and that is anyofthe 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 airpollutantwhichhasbeenlistedpursuantto § 112(b) ofthe CleanAir Act, 25 tpy or more ofany combination ofsuch hazardous air pollutants, or a lesser quantity established byrule by the administrator ofthe EPA. Emissions from any oil exploration or production well and its associated equipment and emissions from any pipeline compressor or pump station may not be aggregated with emissions from other similarunits, whether ornot suchunits are ina contiguous area orunder common control, to determine whether such units or stations aremajor sources; & (2) A major source ofair pollutants, as defined in § 302 ofthe Clean AirAct, that directly emits orhas the potential to emit 100 tpyormore ofany airpollutant, including anymajor source of fugitive emissions of any such pollutant, as determined by rule by the administrator ofthe EPA; or 

# •

18

# •
•
• (3) A major source as defined in Part D ofTitle Iofthe Clean Air Act, including; (a) For ozone nonattainment areas, sources with the potential to emit 100 tons ormore per year ofvolatile organic compounds or oxides ofnitrogen in areas classified as "marginal" or "moderate, "50 tons or more per year in areas classified as "serious," 25 tons or moreper year in areas classified as "severe," and 10 tons or more per year in areas classified as "extreme." The references in this subdivision to 100, 50, 25, and 10 tons per year ofnitrogen oxides do not apply to any source for which the administrator ofthe EPAhas made a finding, under § 182(£)(1) or (2) ofthe Clean Air Act, that therequirements of§ 182(f) ofthe CleanAirAct do not apply; (b) For ozone transport regions established pursuant to § 184 of the Clean Air Act, sources withthe potential to emit 50 tons ormoreperyear ofvolatile 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 ofthe EPA, sources with the potential to emit 50 tons or more per year ofcarbonmonoxide; and (d) For particulate matter (PMIO) nonattainment areas classified as "serious," sources withthe potential to emit 70 tons ormoreperyear ofPMlO. A source or group ofsources is considered as part ofa single industrial grouping ifall of the pollutant-emitting activities ofthe source orgroup ofsourcesbelongto the same major group (i.e. which have the same two-digit code) as described in the Standard Industrial Classification Manual, 1987.

19Source: 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 April22, 1993; 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April4, 1999. General Authority: SDCL 34A-1-6. LawImplemented: SDCL34A-1-6. Cross-Reference: Classificationdefined, Title I ofthe CleanAirAct. Reference: Standard Industrial Classification Manual, 1987, Executive Office of the President, Office ofManagement and Budget. Copies maybe 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 ofsources defmed. The fugitive emissions ofa source shall not be included in determining whether it is a major source for any ofthe purposes of§ 74:36:01:08 unless the sourcebelongs to one ofthe following categories ofsources: (1) Coal cleaningplants with thermal dryers; (2) Kraft pulpmills; (3) Portland cementplants; (4) Primaryzinc smelters; (5) Iron and steel mills; (6) Primaryaluminumorereductionplants; 20 

# •
•
•

# •
• (7) Primary copper smelters; (8) Municipal incinerators capable ofchargingmorethan 250 tons ofrefuse perday; (9) Hydrofluoric, sulfuric, ornitric acid plants; (10) Petroleumrefineries; (11) Lime plants; (12) Phosphaterockprocessingplants; (13) Coke oven batteries; (14) Sulfurrecoveryplants; (15) Carbonblackplants (furnaceprocess); (16) Primarylead smelters; (17) Fuel conversionplants; (18) Sinteringplants; (19) Secondarymetal productionplants; (20) Chemical process plants; (21) Fossil fuel-fired boilers totaling more than 250 million British thermal units perhour heatinput; (22) Petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels; (23) Taconite oreprocessingplants; (24) Glass fiber processingplants; (25) Charcoal productionplants; (26) Fossil fuel-fired steam electric plants ofmore than 250 million British thermal units • perhourheatinput; and 21(27) Any other source category, which as ofAugust 7, 1980, is regulated under§ 111 or • 112 of the Clean Air Act but only for those air pollutants that have been regulated for that category. Source: Transferred from§ 74:26:01:03, 17 SDR 170, effective May 13, 1991; transferred from§ 74:26:01:06.07, 19 SDR 157, effective April22, 1993; 31 SDR 101, effective January 2, 2005. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6. 74:36:01:10. Modification defined. Modification is aphysical change in or change in the method ofoperation ofa sourcethatresults in at least one ofthe following: (1) An increase inthe amount ofan air pollutant emitted bythat source or inthe emission ofan airpollutantnotpreviouslyemitted; (2) A significant change to existing monitoring, reporting, or recordkeeping requirements in the permit; (3) The change requires or changes a case-by-case determination ofan emission limit or other standard, a source-specific determination for temporary sources of ambient impacts, or a visibilityorincrement analysis; or (4) The change seeks to establish or change a permitterm 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 • 22

# •
•
• a modification under anyprovision ofTitle I, or an alternative emissions limit approved pursuant to regulations promulgated under§ 112(i)(5) oftheClean AirAct. Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from § 34:10:01:01(18), 7 SDR 4, effective July 27, 1980; transferred from§ 44:10:01:02, effective July 1, 1981; 8 SDR 71, effective December 21, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 17 SDR 170, effective May 13, 1991; transferred from§ 74:26:01:02, 19 SDR 157, effective April22, 1993; 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April4, 1999; 31 SDR 101, effectiveJanuary2, 2005. GeneralAuthority: SDCL 34A-1-6. LawImplemented: SDCL 34A-1-6. 74:36:01:11. National ambient air quality standard (NAAQS). The national primary ambient air quality standards define levels of air quality that are necessary, with a margin of safety, to protect the public health. The national secondary ambient air quality standards define levels of air quality that are necessary to protect the public welfare from any known or anticipated adverse effects ofapollutant. These standards are located in chapter 74:36:02. Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from § 34:10:01:01, 7 SDR4, effective July 27, 1980; transferred from §44:10:01:01, effectiveJuly 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,

23effective November 14, 1989; 17 SDR 170, effective May 13, 1991; transferred from §74:26:01:01, 19 SDR 157, effective April22, 1993. General Authority: SDCL 34A-l-6. LawImplemented: SDCL 34A-1-6. 74:36:01:12. Potential to emit defined. The potential to emit for sources shall be based on the maximum rated capacity ofa source to emit a pollutant under its physical or operational design. Any physical or operational limitation on the capacity of a source to emit a pollutant, including air pollution control equipment and restrictions on hours ofoperation or on the type or amount ofmaterial combusted, stored, or processed, shall be treated as part ofits design ifthe limitation is federally enforceable. Secondary emissions are not included when determining the potential to emit. Source: 7 SDR 4, effective July 27, 1980; transferred from§ 44:10:01:03, effective July 1, 1981; 10 SDR 68, effective January 5, 1984; 13 SDR 129, 13 SDR 141, effective July 1, 1987; list ofstationary 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 April22, 1993. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6. 74:36:01:13. Process weight rate defmed. Process weight per hour is the total weight of all raw materials and other materials introduced into any specific process that may cause an

24 

# •
•
•

### • 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 ofcontinuous operation or for a typical portion divided by thenumber ofhours ofthe 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 ofcycles divided bythe hours of actual process operation during such aperiod. Ifthe nature ofa process or operation or the design ofequipment permits more than one interpretation of data, the interpretation that results in the minimum value for allowable emissions applies. Source: 

### SL I975, ch I6, § 

### I; 2 SDR 40, effective December 7, I975; transferred from 

### § 34:I0:01:01(29), 7 SDR 4, effective July 27, I980; transferred from§ 44:10:01:04, effective July I, I98I; I3 SDR 129, I3 SDR I4I, effective July I, I987; transferred from§ 74:26:0I:04, 19 SDR 157, effective April22, 1993. General Authority: 

### SDCL 34A-I-6. Law Implemented: 

### SDCL 34A-l-6. 74:36:01:14. Reconstruction ofsources defmed. 

### Repealed 25

### Source: 7 SDR 4, effective July 27, 1980; transferred from§ 44:10:01:05, effective July 1, 1981; 10 SDR 68, effective January 5, 1984; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 17 SDR 170, effective May 13, 1991; transferred from§ 74:26:01:05, 19 SDR 157, effective April22, 1993; repealed, 31 SDR 101, effectiveJanuary2, 2005. 

### 74:36:01:15. Regulated air pollutant defmed. A regulated air pollutant is one of the following: (1) Nitrogen oxides or anyvolatile organiccompounds; (2) Nitrogen dioxide, PM10, sulfur dioxide, carbon monoxide, lead, ozone, or any 

# •

pollutantfor which a national ambient air quality standardhasbeenpromulgatedinthe CleanAir • Act; (3) Any pollutant that is addressed by any standard promulgated under § 111 ofthe Clean AirAct; (4) Any Class I or II substance subject to a standard promulgated under or established by TitleVI ofthe Clean AirAct; or (5) Any pollutant subject to a standard promulgated under§ 112 ofthe Clean Air Act or other requirements established under §§ 112(g), G), and (r) ofthe Clean Air Act, including the following: (a) Any pollutant subject to a standard promulgated under § 1120) of the Clean Air Act. Ifthe administrator ofthe EPA fails to promulgate a standard by the date established in

26 

# •• § 112(e) ofthe Clean Air Act, any pollutant for which a subject source would bemajor shall be consideredto beregulated onthat date; and


# •
• (b) Any pollutant for which the requirements of§ 112(g)(2) ofthe Clean Air Act have beenmet, but onlyfor the individual source subjectto§ 112(g)(2)requirement. Source: 19 SDR 157, effective April22, 1993; 21 SDR 119, effectiveJanuary 5, 1995. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-l-6. 74:36:01:16. Responsible official defmed. A responsible official is defined as one ofthe following: (1) For a corporation, a president, secretary, treasurer, or vice-president ofthe 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 ofsuch person if the representative is responsible for the overall operation of one or more manufacturing, production, or operating facilities applying for or subjectto a permit, and either: (a) The facility employs more than 250 persons or has gross annual sales or expenditures exceeding $25 million (in second quarter 1980 dollars); or (b) The delegation ofauthority 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; 27(3) For a municipal, state, federal, or other public agency, either a principal executive • officer or ranking elected official. For the purposes ofthis subdivision, a principal executive officer of a federal agency includes the chief executive officer having responsibility for the overall operations ofa principal geographic unit ofthe agency; or (4) Foraffected sources: (a) The designated representative insofar as actions, standards, requirements, or prohibitions under Title IV of the Clean Air Act or the regulations promulgated under it are concerned; or (b) The designated representative for anyotherpurposes under chapter 74:36:05. 

### Source: 19 SDR 157, effective April22, 1993; 31 SDR 101, effectiveJanuary2, 2005. 

### General Authority: SDCL34A-1-6. • 

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

### 74:36:01:17. Significant defmed. Repealed. 

### Source: 8 SDR 71, effectiveDecember21, 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 April22, 1993; 25 SDR 123, effective April4, 1999; repealed, 31 SDR 101, effective January2, 2005. 

### 74:36:01:18. Municipal solid waste landfill defmed. Municipal solid waste landfill means the entire disposal facility in a contiguous geographical space where household waste, 28 

# •• commercial solid waste, nonhazardous sludge, conditionally exempt small-quantity generator waste, or industrial solid waste is placed in or on land. Portions ofthe municipal solid waste landfill may be separated by access roads. A municipal solid waste landfill maybe publicly or privately owned, a new landfill, an existing landfill, or a lateral expansion. Source: 23 SDR 106, effectiveDecember29, 1996. General Authority: SDCL 34A-1-6. LawImplemented: SDCL 34A-1-6, 34A-1-18. 74:36:01:19. Existing municipal solid waste landfill defined. An existing municipal solid waste landfill is a municipal solid waste landfill that commenced construction, • reconstruction, ormodification before May 30, 1991. An existing municipal solid waste landfill may be active or closed. Physical or operational changes made to an existing municipal solid waste landfill solelyto comply with applicable emission limits are not considered a modification orreconstruction. Source: 23 SDR 106, effective December 29, 1996. General Authority: SDCL 34A-l-6. Law Implemented: SDCL 34A-1-6, 34A-1-18. 74:36:01:20. Physical change in or change in the method of operation defined. A physical changein ora change in the method ofoperation does notinclude the following: 

# •
29(1) Routine maintenance, repair, andreplacement; (2) Use ofan alternative fuel or raw material because ofan 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 ofa natural gas curtailment plan pursuant to the Federal Power Act as ineffect onJanuary 1, 1993; (3) Use ofan alternative fuel because ofan order orrule under§ 125 ofthe CleanAirAct; (4) Use at a steam generating unit ofan alternative fuel that is generated from municipal solidwaste; (5) An increase in the hours ofoperation 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, 2005 July 1, 2009), or under regulations approved 

# •

pursuantto 40 C.F.R. Part 51, SubpartI, or40 C.F.R. § 51.166 (July 1, 2005 July 1, 2009); • (6) Anychange ofownership at a source; (7) Theuse ofan alternative fuel orraw material bya sourcewhichthe sourcewas 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, 2005 July 1, 2009), orunder regulations approved pursuant to 40 C.F.R. Part 51, Subpart I, or40 C.F.R. § 51.166 (July 1, 2005 July 1, 2009); 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 (Jaly 1, 2005 July 1, 2009) or under regulations approved pursuantto 40 C.F.R. § 51.165 (fuly 1, 2005 July l,2009).

30 

# •

# • Source: 25 SDR 123, effective April4, 1999; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006. 

### General Authority: SDCL 34A-l-6. LawImplemented: SDCL 34A-l-6. 74:36:01:21. Commenced construction defined. Commenced construction means the owner or operatorhas all necessaryconstruction approvals orpermits and has: (1) Begun, or caused to begin, a continuous program ofactual on-site construction ofthe new source ormodification to the existing source; or (2) Entered into a binding agreement or contractual obligation, which cannotbe cancelled or modified without substantial loss to the owner or operator, to undertake a program ofactual • construction ofthe source.


# • Source: GeneralAuthority: SDCL 34A-l-6. Law Implemented: SDCL 34A-l-6. CHAPTER74:36:02 AMBIENT AIRQUALITY

Section 3174:36:02:01 74:36:02:02 74:36:02:03 74:36:02:04 74:36:02:05 Airqualitygoals. Ambient air quality standards. Methods ofsampling and analysis. Air qualitymonitoringnetwork. Ambient air monitoringrequirements.

74:36:02:01. Air quality goals. The air quality goals are as follows: (1) Protection ofthe publichealth; (2) Prevention ofdamage to buildings, property, animals, plants, forests, and agricultural crops;(3) Optimizationofvisibility; and (4) Minimization ofthe corrosion ofordamage to metals or othermaterials. Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from § 34:10:02:01, 7 SDR4, effectiveJuly 27, 1980; transferred from§ 44:10:02:01, effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; transferred from§ 74:26:02:01, 19 SDR 157, effective April22, 1993. General Authority: SDCL 34A-1-6, 34A-1-15. Law Implemented: SDCL 34A-1-15.

32 

# •
•
•

# • 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, 2005 July 1, 2009); 40 C.F.R. § 50.6 (July 1, 2005 July l, 2009); 40 C.F.R. § 50.7(a)(1), (b), and (c) (July 1, 2005 July 1, 2009); 40 C.F.R. § 50.8 and 40 C.F.R. §§ 50.10 to 50.12, inclusive, (July 1, 2005 July 1, 2009), 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 ofairpollutants. Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from § 34:10:02:02, 7 SDR4, effective July27, 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 April4, 1999; 26 SDR 168, effective June 27, 2000; 31 SDR 101, effectiveJanuary2, 2005; 32 SDR209, effectiveJune 13, 2006. 

# • General Authority: SDCL 34A-1-6, 34A-1-15. Law Implemented: SDCL 34A-1-15. 74:36:02:03. Methods of sampling and analysis. Air pollutants of particulate matter, sulfur dioxide, carbon monoxide, ozone, nitrogen dioxide, and lead listed in 40 C.F.R. Part 50 (July 1, 2005 July l, 2009) 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, 2005 July 1, 2009) or an equivalentmethod designated in accordance with40 C.F.R. Part 53 (July 1, 2005 July 1, 2009).33Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from § 34:10:02:11, 7 SDR4, effective July27, 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, effectiveJune 13,2006. 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 qualitymonitoring network as required by40 C.P.R. § 58.20 (:My 1, 2005 July 1, 2009). Source: 19 SDR 157, effective April22, 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 January2, 2005; 32 SDR 209, effective June 13, 2006. General Authority: SDCL 34A-1-6, 34A-l-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.P.R. Part 58 (July 1, 2005 34 

# •• July 1, 2009). Records ofmonitoring activities and results shall be retained for a minimum of three years.


# •
• Source: 19 SDR 157, effective April22, 1993; 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April4, 1999; 26 SDR 168, effective June 27, 2000; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006. General Authority: SDCL 34A-1-6, 34A-l-15. LawImplemented: SDCL 34A-1-15. CHAPTER74:36:03 AIR QUALITYEPISODES

Section 74:36:03:01 Airpollution emergency episode. 74:36:03:02 Episode emergency contingencyplan.

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, 2005 July 1, 2009), if the accumulation of air

35pollutants in anyplace is attaining orhas attained levels which could, ifsuch levels are sustained • orexceeded, leadto a substantial threatto the health ofthepublic. Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from § 34:10:02:22,7 SDR 4, effectiveJuly 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 April22, 1993; 21 SDR 119, effective January 5, 1995; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effectiveJune 13, 2006. General Authority: SDCL 34A-l-6, 34A-1-15. Law Implemented: SDCL 34A-l-15. 74:36:03:02. Episode emergency contingency plan. The department shall develop an • episode emergency contingency plan and maintain it following the requirements in 40 C.F.R. § 51.152 (July 1, 2005 July 1, 2009). The department shall reevaluate the contingency plan in accordance with the requirements in 40 C.P.R.§ 51.153 (July 1, 2005 July 1, 2009). Source: 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 31 SDR 101, effectiveJanuary 2, 2005; 32 SDR 209, effectiveJune 13,2006. General Authority: SDCL 34A-l-6, 34A-1-15. Law Implemented: SDCL 34A-l-15. CHAPTER74:36:04 

# •
36

# •
•
• Section 74:36:04:01 74:36:04:02 74:36:04:02.01 74:36:04:03 74:36:04:03.01 74:36:04:04 74:36:04:05 74:36:04:06 74:36:04:07 74:36:04:08 74:36:04:09 74:36:04:10 74:36:04:11 74:36:04:12 74:36:04:12.01 74:36:04:13 74:36:04:14 74:36:04:15 74:36:04:16 OPERATING PERMITS FORMINOR SOURCES

Applicability. PeHRit Minor source operatingpermitrequired. Minor source operatingpermit exemption. OperatiagpeHRit Emissionunit exemptions. Minor source operatingpermitvariance. Standard for issuance ofoperatingpermit. Timeperiod for operatingpermits andrenewals. Timelyand complete application for operatingpermitrequired. Required contents ofcomplete applicationfor operatingpermit. Applicantrequired to supplement or correct application. Permit application-- Completenessreview. Timeperiod for department's recommendation. Departmeflt's reeemmendatioa en operatiagpeHRit. Repealed. Publicparticipationinpermittingprocess. Publicreview ofdepartment's draft permit. Final permit decision -- Noticeto interestedpersons. Right to petition for contested casehearing. Contents ofoperatingpermit. Operatingpermit expiration. 3774:36:04:17 74:36:04:18 74:36:04:19 74:36:04:20 74:36:04:20.01 74:36:04:20.02 74:36:04:20.03 74:36:04:20.04 74:36:04:21 74:36:04:22 74:36:04:23 74:36:04:24 Renewal ofoperatingpermit. Operatingpermitrevision. Administrativepermit amendment. Procedures for administrativepermit amendments. Minorpermit amendment required. Requirements for minorpermit amendment. Application for minorpermit amendment. Department deadlineto approveminorpermit amendment. Permitmodifications. Source status change-- Newpermitrequired. Reopening operating permit for cause. Procedures toreopen operatingpermit. 74:36:04:25 and 74:36:04:26 Repealed. 74:36:04:27 Operating permit termination, modifieation revision, and revocation. 74:36:04:28 74:36:04:29 74:36:04:30 74:36:04:31 74:36:04:32 74:36:04:33 Notice ofoperatingnoncompliance-- Contents. Petition for contested case on alleged violation. Repealed. Circumvention ofemissions not allowed. General permits. Secretarymayrequire an individual permit.

38 

# •
•
•

# •
•
• 74:36:04:01. Applicability. The requirements ofthis chapter applyto all minor sources. Source: 19 SDR 157, effectiveApril22, 1993. GeneralAuthority: SDCL 34A-1-6. LawImplemented: SDCL 34A-1-6. 74:36:04:02. Permit Minor source operating permit required. A person may not ooHstruet, iHstall, modify, or 

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

### whi:eh that prevents or controls the emission of air pollutants into the ambient air until the a:pplioable preeoHstmotioH 

### a construction permit or minor source operatingpermithas beenissuedbytheboard 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, effectiveJanuary 5, 1995. GeneralAuthority: SDCL 34A-1-6, 34A-1-21. LawImplemented: SDCL 34A-1-21. 74:36:04:02.01. Minor source operating permit exemption. The following sources are exempt from obtaining aminor source operating permit: (1) 

### A source that has the potential to emit 25 tons or less peryear ofany criteria pollutant, except lead, before the application ofcontrol eguipment; and 39(2) Any other source constructed for domestic purposes and not intended for use by an • industry, manufacturer, orbusiness. Source: GeneralAuthority: SDCL 34A-l-6, 34A-l-21. Law Implemented: SDCL 34A-l-21. 74:36:04:03. OpeFatiug pennit Emission unit exemptions. The following sourees or emission units are exempt from obtaiHiHg inclusion in a minor source operatingpermitunless the sourcehas requested federally enforceable permit conditions related to the emission unit to avoid needing a Part 70 operating permit, or a pre>roHtioH of sigB.ifieaB.t deterioratioH PSD preconstructionpermit, orNSRpreconstructionpermit: 

# • (1) A faeility operatiHg aH iHeiHerator or One ormore incinerators ofless than 100 pounds perhour combinedburning capacitythat combustmunicipal or householdwaste; (2) A mobile internal combustion engine, including those in autos, trucks, tractors, airplanes, locomotives, and boats; (3) Laboratory equipmentused exclusivelyfor chemical orphysical analysis; (4) A l:!Hit fueled byootural gas th:at is 1:1sed eKell:lsi','ely fur spaee heating;**~ill** A unit that has a heat input capability ofnot more than 3,500,000 Btus per hour, except for units fueled with wood or coal; (91 

## ill An air conditioning or ventilating system not designed to remove air pollutants from equipment; 

# •
40

# •
•
• (6) Routine housekeeping or plant upkeep activities such as painting buildings, retarring roofs, orpavingparkinglots; and (7) AH emergeney eleetrieal generatorpmverea bypetrole1:1m proa1:1ets; (8) A faeility that has the potential to emit 25 tons or less peryear ofany eriteria**poll~:~tant,** eJ<eept lead, before the appliea-tion ofeontrol equipment; (9) A 1:1nit fueled bywaste oil meetiRg the**req~:~irements** of§ 74:28:27:01; 

## tw1--ill A unit that has the potential to emit two tons or less per year of any criteria pollutant before the application ofcontrol equipment. However, the criteria pollutant emissions from theunitmustbe included in determiningif whetherthe sourceis a minor source;--anEI (11) Any other SOl:lfee 60RStruetea for Elomestie Pl:lfllOSes ana Rot inteREleEl for l:ISe by an iRElustry, manl:lfaeturer, orbusiBess. A sol:lfee orAn emissionunitthat is exempt from permitting**~:~naer** subElivisioRs (1) to (-W1-; inelusive, must still meetthe visible emissionrestriction in§ 74:36:12:01. Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from § 34:10:01:16, 7 SDR4, effective July27, 1980; transferred from§ 44:10:01:25, effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 17 SDR 170, effective May 13, 1991; transferred from§ 74:26:01:25, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999; 31 SDR I01, effective January2, 2005. General Authority: SDCL 34A-l-6, 34A-1-21. Law Implemented: SDCL34A-l-19, 34A-l-21. 41Cross-References: Operating permits for Part 70 sources, ch 74:36:05; Prevention of significantdeterioration, ch74:36:09. 74:36:04:03.01. Minor source operating permit variance. The owner or operator of a minor source mayrequest a variance from applicable emission standards. Thevariance will allow allows the minor source to operate in noncompliance with applicable emission standards. A minor source is eligible for a variance ifit is located within an area that is in attainment for all regulated air pollutants for which the source is requesting a variance. Theminor source may not receive a variance ifthe source obtained a minor source operating permit by accepting federally enforceable permit conditions to preventthe source from needing a Part 70 operatingpermit. The owner or operator desiring to obtain a variance must submit an application. The application must include the same provisions required by§ 74:36:04:07, the requirements and a compliance plan for which a variance is requested, and the facts relevant to establishing the burden ofproofrequiredunder SDCL 34A-1-27. The complianceplan must outline the steps that will be taken to come into compliance and the completion date for each step. The board shall hold a hearing on the department's recommendation on a request for a variance. Anyperson affected bythe recommendation or anypersoninterested intestifying either for or against the department's recommendation may submit written comments to the department or present oral testimony before the board at the hearing. After the hearing is closed, the board may

### ettheF amend and approve, deny, or adopt the department's recommendation. 42 

# •
•
•

# • 2005. Source: 

### 23 SDR 106, effective December 29, 1996; 31 SDR 101, effective January 2, General Authority: 

### SDCL 34A-1-6, 34A-1-19, 34A-1-24. Law Implemented: 

### SDCL 34A-l-12, 34A-1-19, 34A-l-24. Cross-Reference: 

### Operatingpermits for Part 70 sources, ch 74:36:05. Note: 

### The procedural requirements for obtaining a variance are similar to the procedural requirements for obtaining a minor source operating permit, such as a timely and complete application, completeness review, statement of basis, public participation, and department • recommendation, as outlined in§§ 74:36:04:06 to 74:36:04:12, inclusive. 74:36:04:04. Standard for issuance ofa minor source operating permit. An 

### operating permit for a Hew 

### source or permit modifieation revision maybe issued only ifit has been shown that the operation ofthe Hew 

### source orpermit modifieation revision will not prevent or interfere with the attainment or maintenance of an applicable national ambient air quality standard. Compliance with this requirement as determined by air pollution dispersion modeling is not affected by stack height that exceeds good engineering practice or by any other dispersion technique as defined in40 C.F.R. § 51.100 (July 1, 2005 July 1, 2009). Each Hew 

### source, eKistiag saUTee, and permit modifieation must comply with emission limits and other requirements ofthe act and the Clean Air Act. The minor source operating permit must include reasonable 

# •
43

### conditions, including adherence to plans and specifications, to assure compliance with the act, the Clean Air Act, and any other conditionsjustifiedunder 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 I41, effective July I, 1987; 14 SDR72, effective November 24, 1987; 16 SDR 88, effective November 14, 1989; 17 SDR 170, effective May 13, 1991; transferred from§ 74:26:0I:12, 19 SDR 157, effective April22, 1993; 21 SDR 119, effective January 5, 1995; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006. General Authority: 

### SDCL 34A-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 aperiod up to five years and all subsequent operating permits shall be for aperiod offive 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 14I, effective July I, 1987; I7 SDR I70, effective May 13, 1991; transferred from§ 74:26:01:32, 19 SDR 157, effective April22, 1993. General Authority: 

### SDCL 34A-1-6, 34A-1-21, 34A-1-24. LawImplemented: 

### SDCL 34A-1-21, 34A-1-24. 44 

# •
•
•

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

### person who owns or operates a source required to have an aminor source operating permit shall submit a timely and complete application. An 

### application is timely if it meets the time limits specified inthis section. An 

### application is complete ifitmeets the requirements in§ 74:36:04:07. A minor source applying for an initial operating permit shall submit a complete application to the department at least 

### 120 Elays, wflieh inehtEles fue 

### 30 Elay publie aotiee period, before fue estimated Elate of eoiRIReaeiag eoB:Stffietioa oftlte soUl'ee or operatioa of a eoastrueteEl solli'ee 

### 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 ofthe emission unit(s) involved withthe modification. A minor source applying for renewal ofa an operating permit shall submit a complete application 90 days before the date ofpermit expiration. Ifan existing source submits a timely and complete application for renewal ofan operating pennit within this time limit, the source's existing permit does not expire until the renewal permit has beenissued or denied. The terms and conditions ofthe existing permit remain in effect until the renewal permit has been issued or denied. Source: 

### 19 SDR 157, effective April22, 1993; 21 SDR 119, effective January 5, 1995; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005. 

# • General Authority: 

### SDCL 34A-1-6, 34A-1-21. 45

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

### Note: A minor source applying for an initial operating permit or a permit modification must obtain a construction permit in accordance with § 74:36:20 before commencmg construction ofthe source orpermitmodification. 

### 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 submit include the following informationto be considered a complete application: (1) General company information, including the company name and address or the plant name and address ifdifferent from the companyname, the owner's name and agent, andtheplant sitemanager or contact; (2) A description oftheplant and its processes and products; (3) The followinginformationon emissions: (a) Identification and description ofall**emission~** units; (b) Fuels, fuel use, 

### aHd rawmaterials,

### 'HSed and productionrates; (c) Identification and description ofairpollution control equipment; (d) Limitations on source operation affecting emissions or any work practice standards, where applicable, for all regulated airpollutants; (e) Other information required by any applicable requirements, including information related to stack height limits, such as the location of emissions units, flow rates, building dimensions, and stack parameters, including height, diameter, and plume temperature, for all pollutants regulated at the source; 46 

# •
•
•

# •
•
• ( 4) A copyofany preparedplans and the specifications ofany equipment or otherfacilities which mayaffect the source, includingpollution control devices; (5) An abatement strategies plan, ifrequired by chapter 74:36:03; (6) A signed and notarized certification ofapplicant form; (7) Theresults ofany air dispersionmodeling required bythe department; (8) Theresults ofany stackperformance testing required bythe department; (9) Any other information requested by the department which is relevant to determining compliance with the act orthe Clean AirAct. The application mustbe signed bythe responsible official or designated representative. An application for therenewal ofan operatingpermitmayreferto apreviously submitted application ifthere are no operational changes. Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from §§ 34:10:01:04.01, 34:10:01:06, 7 SDR 4, effective July 27, 1980; transferred from §44:10:01:09, effective July 1, 1981; 10 SDR 68, effective January 5, 1984; 13 SDR 129, 13 SDR 141, effectiveJuly 1, 1987; transferred from§ 74:26:01:09, 19 SDR 157, effective April22, 1993. General Authority: SDCL 34A-l-6, 34A-1-21. Law Implemented: SDCL 34A-1-12, 34A-1-21. 74:36:04:08. Applicant required to supplement or correct application. Ifthe applicant is aware that the application is incomplete or that any relevant facts or information contained in 47an application are incorrect, the applicant shall submit the supplementary facts or corrected • information. The applicant shall provide additional information as necessary to address requirements that become applicable after the application is filed but prior to the release ofthe draftpermit. Source: 19 SDR 157, effectiveApril22, 1993; 21 SDR 119, effective January 5, 1995. General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-l-12, 34A-1-21. 74:36:04:09. Permit application -- Completeness review. The department shall conduct a completeness review ofeachpermit application received, as follows: (1) Within 30 days after submission of an application for an initial operating permit, £! • permit modification, or arenewal ofan operating permit for a minor source, the department shall notify the applicant in writing whether or not the application is complete or incomplete. Ifthe department does not notify the applicant that the application is incomplete within 30 days after receipt ofthe application, the application is considered complete. The department may at any time during the processing ofthe application request, inwriting, additional informationnecessary to evaluate ortakefinal action onthe application; (2) Ifthe application is incomplete or additional information is necessary to evaluate the application, the department shall identify the items required to review complete the application. The applicant has 20 working days after receipt of an incomplete notification or request for additional information to submit the information, unless an extension beyond the 20 working days is approvedbythe department; and 

# •
48

# • (3) The department shall determine the adequacy of the applicant's response to each incomplete item within 15 days after receipt ofthe response and shall notify the applicant in writing ifthe application is or is not complete. Source: 

### 19 SDR 157, effective April22, 1993; 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April4, 1999. General Authority: 

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

### SDCL 34A-1-21. 74:36:04:10. Time period for department's recommendation. 

### The department shall recommend issuance or denial ofan operating permit, a permit modification, or a renewal for an • operating permit for aminor source within 90 days after the submission ofa eornpleted 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 ofthe application without waiting for a department recommendation. The petition must conform to therequirements ofarticle 74:09. Source: 

### SL 1975, ch 16, § 

### 1; 2 SDR 40, effective December 7, 1975; transferred from §§ 34:10:01:08.01, 34:10:01:11, 7 SDR 4, effective July 27, 1980; transferred from §44:10:01:11, effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; transferred from§ 74:26:01:11, 19 SDR 157, effective Apri122, 1993. 49General Authority: 

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

### SDCL 34A-1-21. 74:36:04:11. Department's recommendation on operating permit. The departmen-t, 

### after review ofa eomplete applieation for an operatingpermit or arenewal ofan operatingpermit for a minor souree shall reeommend to the board that the permit be issued or denied. The reeommendation to issue a permit shall inelude a draft permit vli:th appropriate eonditions to assure eomplianee •.vith the act. 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, effectiveJuly 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 Apri14, 1999. Ceaeral

### f..utharity: 

### SDCL 34A I 6, 34l" 

### 1 21. La-w lm.plemeated: 

### SDCL 34A 1 21, 34A 1 29, 34A 1 30. 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 ofthe draft permit once in a legal newspaper in the county where the source is located. The notice must include a briefstatement describing the facility 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 50 

# •
•
•

### • statement that aperson may submit comments or contest the draft permit within 30 days after the publication ofthe notice; describe the procedures apersonmust follow to contest the draftpermit


# •
• and request a hearing in accordance with article 74:09; and a statement describing where copies ofthe draft permit or other information may be obtained. The department shall provide to the interested parties a 30-daynotice ofany hearing to contest adraft permit. 

### Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from §§ 34:10:01:02, 34:10:01:22.03, 7 SDR 4, effective July 27, 1980; transferred from §44:10:01:37, effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 14 SDR 50, effective October 4, 1987; 17 SDR 170, effective May 13, 1991; transferred from § 74:26:01:37, 19 SDR 157, effective April22, 1993; 25 SDR 123, effective April4, 1999. 

### GeneralAuthority: SDCL 34A-l-6, 34A-l-21. 

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

### 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 department's draft permit or request a contested case hearing. All comments will be considered in making a final permit decision on the draft permit as provided in§ 74:36:04:13. A request for a contested case hearing must be in writing and prepared and filed in accordance with article 74:09. The department is not required to accept recommendations or comments that are not based on applicable requirements ofthis article orthe requirements ofthe Clean Air Act. 

### Source: 25 SDR 123, effectiveApril4, 1999. 51GeneralAuthority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-21 74:36:04:13. Final permit decision -- Notice to interested persons. The department shall make its final permit decision within 30 days ofthe end ofthe public comment period on a draftpermit. The department shall notify, inwriting, the applicant and eachpersonthat 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 ofthis section, the final permit decision means proposing a 

### ne•;v, modified, orrenewed permit, denying a permit, orterminating apermit. 

# •

The 

### prof)osed B:e>.v, modifieEl, or reneweEl final permit will be issued within 30 days of • notifying the applicant and each person that submitted written comments or requested notification ofthe final permit decision exceptunder the following conditions: (1) A later effective date is specifiedinthefinal permit decision; (2) A contested casehearing is requested; or (3) No comments or request for changes in the draft permit were received during the public noticeperiod on the draftpermit. Inthis case, the draft permit automaticallybecomes the final permit decision and the 

### f)roposed B:e'.v, modifieEl, or renewed final permit is issued at the end ofthepublicnoticeperiod. 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 52 

# •

### • §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 April22, 1993; 25 SDR 123, effective April4, 1999. General Authority: 

### SDCL 34A-1-6, 34A-1-21. LawImplemented: 

### 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 ifthe person has an interest affected by the department's draft permit. Such petitions must comply with the provisions ofarticle 74:09 and be received bythe department within 30 days after publication of • thenoticerequired 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 afterreceiving the department's final permit decision. Ifthe draft permit or the final permit decision is contested, the department shall present the draft permit or final permit decisionto the board for actionin accordance with article 74:09. Source: 

### SL 1975, ch 16, §I; 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 53§44:10:01:39, effectiveJuly 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, effectiveApri14, 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-l-34. 74:36:04:15. Contents of operating permit. 

### An operating permit or a renewal of an operatffigpel'lTtit for aminor source shall includethefollowing: (1) The signature ofeither the secretaryorthe chairman; (2) The name ofthe person, company, political subdivision, agency, or institution granted a permit; (3) Thetype ofoperation; 

# • (4) The

## J*ant facility and mailing address; (5) The date the operatingpermitwas granted and onwhich itwill expire; (6) A number for administrative reference; (7) Thename ofa 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 thattheboard or secretarymayimpose to ensure compliance withthe act and the Clean Air Act; (9) Emission limits and standards, including operational requirements and limits for all regulated emission units, necessary to assure compliance with applicable requirements ofthe act and the Clean AirAct; (10) Monitoring and related recordkeeping and reporting requirements; 

# •
54

# •
•
• (11) A severability clause to ensure the continued validity of the various permit requirements ifanyportions ofthepermit are challenged; and (12) Provisions statingthe 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, or moElifieation permit revision, or 

### fer denial of a permit renewal application; (b) The operating permit may be moElifieEl revised, revoked and reissued, reopened, or terminated for cause; (c) The operating permit does not convey any property rights of any sort or any exclusiveprivilege; and (d) Thepermittee shall provide any information, including records, requested inwriting by the department to determine if whether cause exists for modify-ing revising, revoking and reissuing, reopening, orterminating thepermit orto 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 April22, 1993. General Authority: SDCL 34A-1-6, 34A-l-21. LawImplemented: SDCL 34A-1-21, 34A-1-30.

5574:36:04:16. 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 applicationhasbeen submitted to the department. Source: 19 SDR 157, effective April 22, 1993. General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-21. 74:36:04:17. 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 operatingpermitissuance. 

# • Source: 19 SDR 157, effective April22, 1993; 21 SDR 119, effective January 5, 1995. General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-21. 74:36:04:18. Operating permit revision. An operatingpermit for a minor source maybe revised at any time by the applicant's submittal of a notice and an application. The netiee application must specify if whether the requested revision is an administrative permit amendment, minor permit amendment, or .!! permit modification with supporting documentation. The application 

### shall must contain the necessary information required for an administrative permit amendment, minorpermit amendment, orpermitmodification. 

# •
56

# •
•
• Source: 

### 19 SDR 157, effective April22, 1993; 25 SDR 123, effective April4, 1999. General Authority: 

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

### SDCL 34A-l-21. 74:36:04:19. Administrative permit amendment. An 

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

### application for an administrative permit amendment shall contain a description ofthe change and documentation supporting the applicant's claim the revision qualifies as an administrative permit amendment. Source: 

### 19 SDR 157, effective April22, 1993; 25 SDR 123, effective April4, 1999. General Authority: 

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

### SDCL 34A-1-21. 74:36:04:20. Procedures for administrative permit amendments. 

### The facility source may implement a proposed revision that is considered an administrative permit amendment immediately upon notifying the department. The department shall determine if 

### 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 an OflOFating 

### g permit modification. Source: 

### 19 SDR 157, effective April22, 1993; 25 SDR 123, effective April4, 1999. 57

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

### Law Implemented: SDCL 34A-1-21. 

### 74:36:04:20.01. Minor permit amendment required. A minor permit amendment is an amendment to an existing minor source operatingpermit and is issued bythe secretary. A source may request a minor permit amendment under §§ 74:36:04:20.02 to 74:36:04:20.04, inclusive, for a change that does not constitute a modification and is not prohibited under any applicable requirementunderTitle I ofthe CleanAirAct. 

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

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

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

### 74:36:04:20.02. Requirements for minor permit amendment. A mmor permit amendment may be issued by the secretary if the proposed revts1on meets the following requirements: (1) Itdoes not violate any applicable requirement; (2) It does not involve significant changes to existing monitoring, reporting, or recordkeepingrequirements inthe permit;

58 

# •
•
•

# •
•
• (3) Itdoes notrequire or change a case-by-case detennination ofan emission limit or other standard, a source-specific determination for temporary sources of ambient impacts, or a visibility orincrement analysis; (4) It does not seek to establish or change apermit 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 anyprovision ofTitle I, or an alternative emissions limit approved pursuant to regulations promulgatedunder§ 112(i)(5) ofthe Clean Air Act; and (5) Itdoes not constitute a modification under Title Iofthe Clean AirAct. Source: 21 SDR 119, effective January 5, 1995. General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-21. 74:36:04:20.03. Application for minor permit amendment. An application for a minor permit amendment shall include the following: (1) A description ofthe proposed change, the resulting change in emissions, and any new applicable requirements; (2) The source's suggested draftpermit; and

59(3) Certification by a responsible official that the proposed revision meets the applicable • requirements ofa minorpermit amendment. 

### Source: 21 SDR 119, effectiveJanuary 5, 1995. 

### General Authority: SDCL34A-1-6, 34A-1-21. 

### Law Implemented: SDCL34A-1-21. 

### 74:36:04:20.04. Department deadline to approve minor permit amendment. The department shall take the following final action on a proposed minor permit amendment within 90 days afterreceipt ofa complete application for the amendment: (1) Issue theminorpermit amendment as proposed; (2) Denytheminorpermit amendment application; or (3) Determinethat therequested minorpermit amendment shouldbeprocessed as apermit modification. The facility source may implement a proposed revision that is considered a minor permit amendment seven days after netifYing the aefJartment submitting a complete application. The secretary shall issue minorpermit amendments withouttheprocedural requirements applicable to obtaining an efJerating flpermitmodification. 

### Source: 21 SDR 119, effectiveJanuary 5, 1995; 25 SDR 123, effective April4, 1999. 

### GeneralAuthority: SDCL34A-1-6, 34A-1-21. 60 

# •
•

# •
•
• Law Implemented: SDCL 34A-1-21. 74:36:04:21. Permit modifications. Permit modifications are subject to the same procedural requirements in §§ 74:36:04:06 to 74:36:04:14, inclusive, as the original operating permitissuance as long as the source remains a minor source. However, the required review shall cover onlythe proposed changes ratherthan theunchanged activities ofthe permittee. Source: 19 SDR 157, effective April22, 1993; 21 SDR 119, effective January 5, 1995. General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-l-21. 74:36:04:22. Source status change --Newpermit required. Ifa minor source becomes a Part 70 source because of a relaxation in a federally enforceable limit on the capacity of the source or modification as defined in§ 74:36:01:10, the requirements ofchapter 74:36:05 applyto that source as though it were a single new source and the owner or operator shall obtain the applicable permit. Source: 12 SDR 183, effective May 21, 1986; 13 SDR 129, 13 SDR 141, effective July 1, 1987; transferred from§ 74:26:01:02.02, 19 SDR 157, effective April 22, 1993; 25 SDR 123, effectiveApril4, 1999. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6.

6174:36:04:23. Reopening operating permit for cause. The department may reopen an • operating permit for further review if the department determines that the permit contains a material mistake in establishing the emissions standards or limits or other requirements ofthe operating permit orthe department determines that the operatingpermit mustberevised to asstlfe ensure compliance with the applicablerequirements ofthis article and the Clean Air Act. Source: 19 SDR 157, effective April22, 1993. General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-21. 74:36:04:24. Procedures to reopen operating permit. The department shall notify the source at least 30 days beforereopening an operatingpermitissued 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 ofthe permitfor which cause to reopen exist. Source: 19 SDR 157, effective April22, 1993. General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-21. 74:36:04:25. General permit. Repealed. 

# •

62

# • Source: 19 SDR 157, effective April22, 1993; repealed, 23 SDR 106, effective December 29, 1996. 

### 74:36:04:26. General permit-- Notice ofintent. Repealed. 

### Source: 19 SDR 157, effective April22, 1993; repealed, 23 SDR 106, effective December 29, 1996. 

### 74:36:04:27. Operating permit termination, madifieatiaa revision, and revocation. The board, upon recommendation by the secretary, may terminate, medify revise, or revoke an operating permit for a violation ofthis article or nonpayment of any outstanding enforcement • penalty.


# • Source: 19 SDR 157, effectiveApril22, 1993. 

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

### LawImplemented: SDCL 34A-1-21. 

### 74:36:04:28. Notice of operating noncompliance -- Contents. If the department determines that the operation ofa source is not incompliance with this article, the Clean AirAct, orpermit conditions, the department may issue a notice ofsuch a finding to the permitholder 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 ofthe alleged violator, may settle an issue ofnoncompliance by entering 63

### into a compliance agreement with the source that specifies the date for final compliance ofthe • source and any penalties under SDCL 34A-l-39. If a compliance agreement can not be negotiated, the department may petition the chairman ofthe board for a contested case hearing 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 SDR4, 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 April22, 1993. General Authority: 

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

### SDCL 1-26-20, 34A-l-53. 74:36:04:29. Petition for contested 

### case on alleged violation. In 

### accordance with §74:36:04:28, the department may file a petition containing the information required in article 74:09 with the chairman to request an order directing corrective action, that an enforcement hearing be scheduled pursuant to the provisions of chapter 74:09:01, or that the permit be suspended orrevoked 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 April22, 1993. General Authority: 

### SDCL 34A-1-6. 64 

# •
•

# • Law Implemented: SDCL 34A-l-47, 34A-l-49. 74:36:04:30. Stack performance tests required. Repealed. Source: 19 SDR 157, effective April22, 1993; repealed, 23 SDR 106, effective December 29, 1996. 74:36:04:31. Circumvention ofemissions not allowed. A person maynot 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 orthe Clean AirAct. This includes operating a source, unit, or control device which emits pollutants into the ambient air from an opening other • than the stack, vent, or equivalent opening from which theywere designed to be emitted.


# • Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from § 34:10:01:03, 7 SDR4, effective July27, 1980; transferred from§ 44:10:01:07, effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective July I, 1987; transferred from§ 74:26:01:07, 19 SDR 157, effectiveApril22, 1993. GeneralAuthority: SDCL 34A-l-6. Law Implemented: SDCL 34A-l-18. 74:36:04:32. General permits. The secretary may issue a general permit to a category of airpollution sources that meets the following:

65(1) Involve the same or substantially similar types ofoperations; (2) Require the same or similar type ofair emission limits; and (3) Require the same or similarrecordkeeping 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 individualpermitifrequiredbythe secretary. Source: 30 SDR 26, effective September 1, 2003. GeneralAuthority: SDCL 34A-1-21. Law Implemented: SDCL 34A-1-56. Note: The procedural requirements for obtaining a general permit under this chapter are similar to the procedural requirements for a minor source, such as a timely and complete application, completeness review, public participation, and departmental recommendation, as outlined in§§ 74:36:04:06 to 74:36:04:14, inclusive. 74:36:04:33. Secretary may require an individual permit. The secretary may require any source applying for a general permit or operating under a general permit to apply for and obtain an individual air quality permit. Individual air quality permits may be required at the discretion ofthe secretary, including underthe following circumstances;

66 

# •
•
•

# •
•
• (1) The owner or operator is not in compliance with the conditions of its existing individual airpermitpriorto applying for the general permit; or (2) The owneroroperatoris notin compliance withthe conditions ofthe general permit. Source: 30 SDR 26, effective September 1, 2003. General Authority: SDCL 34A-l-21. LawImplemented: SDCL 34A-1-56.

Section 74:36:05:01 74:36:05:02 74:36:05:03 74:36:05:03.01 74:36:05:04 74:36:05:04.01 74:36:05:05 74:36:05:06 CHAPTER74:36:05 OPERATINGPERMITS FORPART 70 SOURCES

Applicability. PermitPart 70 operatingpermitrequired. Sourcesrequired to obtain aPart70 operatingpermit. P£D orN£Rpreeonstmctionpermitrequired. Repealed. Sources exempt from obtaining a Part70 operatingpermit. Insignificant activities. Transferred. Standard for issuance ofa Part 70 operatingpermit. 6774:36:05:06.01 Fees required for operatingpermit. 

# • 74:36:05:07 Timeperiod for operatingpermits and renewals. 74:36:05:08 Timely and complete application for operating permitrequired. 74:36:05:09 Complete application. 74:36:05:10 and 74:36:05:11 Transferred. 74:36:05:12 Required contents ofcomplete application. 74:36:05:13 Applicantrequiredto supplementorcorrect application. 74:36:05:14 Repealed. 74:36:05:15 Deadline for final action onpermit application. 74:36:05:16 Statement ofbasis for recommended permit conditions. 74:36:05:16.01 Operatingpermitrequirements. 74:36:05:17 Publicparticipationinpermittingprocess. 

# • 74:36:05:18 Public and affected state review ofdraftpermit. 74:36:05:19 Transferred. 74:36:05:20 Repealed. 74:36:05:20.01 Finalpermitdecision-- Noticeto interestedpersons. 74:36:05:20.02 Petitions for contested casehearing. 74:36:05:20.03 EPAreview ofPart 70 operatingpermit. 74:36:05:21 EPA objection to issuance ofoperatingpermit. 74:36:05:21.01 Departmentresponse to EPA objection. 74:36:05:22 Departmentfailure to meet EPAobjection deadline. 74:36:05:23 Publicpetitionto EPA onthe final permit. 74:36:05:24 Repealed. 

# •
68

# •
•
• 74:36:05:25 to 74:36:05:27 Transferred. 74:36:05:28 74:36:05:29 74:36:05:30 74:36:05:31 74:36:05:32 74:36:05:33 74:36:05:34 74:36:05:35 74:36:05:36 74:36:05:37 74:36:05:38 74:36:05:39 74:36:05:40 74:36:05:41 74:36:05:42 74:36:05:43 74:36:05:44 74:36:05:45 74:36:05:46 74:36:05:47 74:36:05:47.01 Permit expiration. Permitrenewal. Permit flexibility. Permit amendment -- Applicationrequired. Administrative permit amendment required. Procedure for administrativepermit amendments. Minorpermit amendmentrequired. Requirements forminorpermit amendments. Application for minorpermit amendment. Notification ofEPAand affected states required. Department deadline to approve minorpermit amendment. Permit modifications. Reopening operatingpermitfor cause. Procedures to reopen permit. Reopeningpermit for causebyEPA. EPAreview ofproposed determination. Department failure to submitproposed determination. Repealed. Permit termination, modification, revocation, and reissuance by department. Notice ofoperatingnoncompliance-- Contents. Circumvention ofemissions not allowed. 6974:36:05:48 74:36:05:49 74:36:05:50 74:36:05:51 74:36:05:52 Petition for contested case on alleged violation. Repealed. Federal enforceabilityofpermit conditions. General permits. Secretarymayrequire an individual permit.

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

### req1:1ired to obtain a Part 70 operatingpermit. Source: 19 SDR 157, effective April22, 1993; 21 SDR 119, effective January 5, 1995; 31 SDR 101, effective January 2, 2005. General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-l-21. 74:36:05:02. Penait Part 70 operating permit required. A person may not 

### const:niet, install, modifY, re•tise, or operate any source orunit likely to cause the emission ofair pollutants into the ambient air or any equipment which prevents or controls the emission ofair pollutants into the ambient air until the applicable preconstmction a construction permit, PSD preconstmction permit, NSR preconstmction permit, or Part 70 operatingpermit has been issued bythe board orthe secretary.

70 

# •
•
•

# •
•
• Source: 19 SDR 157, effective April 22, 1993; second paragraph transferred from § 74:36:05:05, 20 SDR 125, effective February 9, 1994; 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April4, 1999. GeneralAuthority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-12, 34A-1-21. Cross-References: Sources exempt from obtaining a Part 70 operating permit, § 74:36:05:04; Timely and complete application for operating permitrequired, § 74:36:05:08. 74:36:05:03. Sources required to obtain a Part 70 operating permit. Sources required to obtain a Part 70 operatingpermitinclude the following: (1) Anymajor source; (2) Any source, including an area source, subject to a standard or regulation promulgated under§ 111 ofthe CleanAir Act unless otherwise specified in§ 74:36:07; (3) Any source, including an area source, subject to a standard or regulation promulgated under § 112 ofthe Clean Air Act, except for a source that is solely subject to the regulations or requirements of§ 112(r) orunless otherwise specified in § 74:36:08; (4) Any affected source subjectto Title IV ofthe Clean Air Act; and (5) Any source in a source category designated by the administrator ofthe EPA through the CleanAirActpursuant to TitleV ofthe Clean AirAct. Source: 19 SDR 157, effective April22, 1993; 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April4, 1999. 71General Authority: SDCL 34A-l-6, 34A-1-21. Law Implemented: SDCL 34A-1-12, 34A-1-21. 74:36:05:03.01. PSD or NSR preconstruction permit required. The submitta-l of a eomplete applieatioa for aa operatiag perrRit for a Part 70 souree does aot affeet the requiremeat thai a souree have a P8D or N8R preeoastruetioa perrRit as required uader § llO, 165, 172, or 173 ofthe Clean Air Aet or ehapters 74:36:09 and 74:36:10. A P8D or }J8R souree must submit a eomplete applieatioa fur a Part 70 operatiag perrRit withia 12 moaths after eommeaeiag operatioa. 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. CooenlAatherity: 8DCL 34A 1 6, 34A I 21. LawImplemeRted: 8DCL 34A 1 21. 74:36:05:04. Sources exempt from obtaining a Part 70 operating permit. The following sources are exempt from obtaining a Part 70 operatingpermit: (I) All sources that are notincluded in§ 74:36:05:03; (2) Sources that operate a unit subject to 40 C.F.R. 60, Subpart AM-Standards of Performance for New Residential Wood Heaters (July 1, 2005 July I, 2009) are exempt from the obligation to obtain a Part 70 operating permit ifthe 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 meetthe applicable requirements inSubpartAAA; ort 72 

# •
•
•

# •
•
• (3) Sources that operate a unit subject to 40 C.P.R. § 61.145, Standard for Demolition and Renovation (July I, 2005 July 1, 2009) are exempt from the obligation to obtain a Part 70 operating permit ifthe source is not required to obtain a Part 70 operating permit for a reason other than the source is subject to 40 C.P.R. § 61.145 (July 

### 1. 2009). Exempted sources must still meet the applicable requirements in 40 C.P.R.§ 61.145 (July 1, 2009).

Source: 19 SDR 157, effective April22, 1993; 21 SDR 119, effective January 5, 1995; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13,2006. General Authority: SDCL 34A-1-6, 34A-I-21. Law Implemented: SDCL 34A-l-12, 34A-1-21. 74:36:05:04.01. Insignificant activities. The following emission units are considered insignificant activities and are exempt from inclusion in a Part 70 operating permit unless the source has requested federally-enforceable permit conditions related to the insignificant activity to avoid needing a PSD preconstruction permit orNSRpreconstructionpermit: (I) One ormore incinerators ofless than 100 pounds perhour combined burning capacity that combustmunicipal or household waste; (2) A mobile internal combustion engine, including engines in autos, trucks, tractors, airplanes, locomotives, and boats; (3) Laboratoryequipment used exclusively for chemical orphysical analysis; (4) A d<wice or apparatus unit that has a heat input capability ofnot more than 3,500,000 Btusperhour, except for units fueled with wood or coal; 73(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, orpavingparkinglots; (7) A unit that has the potential to emit two tons or less per year ofany criteria pollutant before the application ofcontrol equipment. A unit maynot ae considered insignificant ifa state or federal limit is awlicable to the unit. However, the criteriapollutant emissions from theunit mustbeincluded in determiningwhetherthe sourceis 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 ifwhether the source is a major or minor source. A unit ean maynot be considered insignificant ifa state orfederal limitis applicable to theunit. 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 applicabilityoforto impose an applicablerequirement. Source: 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April4, 1999; 31 SDR 101, effective January2, 2005. General Authority: SDCL34A-1-6, 34A-1-21. Law Implemented: SDCL34A-1-12, 34A-1-21. 74:36:05:05. Transferred to§74:36:05:02. 74 

# •
•

# • 74:36:05:06. Standard for issuance ofa Part 70 operating permit. A Part 70 operating permit for a 

### :eew source orpermit modifieffiion revision maybe issued onlyifithas been shown that the operation ofthe 

### :eew source orpermit modifieation revision will notprevent or interfere with the attainment or maintenance of an applicable ambient air quality standard. Compliance with this requirement as determined by air pollution dispersion modelingis 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, 2005 July 1, 2009). Each 

### :eew source, existing souree, and permit modifieation must comply with emission limits and other requirements ofthe 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 • conditionsjustifiedunder 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 SDR72, 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 January2, 2005; 32 SDR209, effectiveJune 13, 2006. General Authority: SDCL 34A-1-6, 34A-1-19, 34A-1-21. Law Implemented: SDCL 34A-1-19, 34A-1-21.

7574:36:05:06.01. Fees required for operating permit. The applicant for oo a Part 70 • operating permit

### ieF and the owner or operator ofa source with a Part 70 souroe operating permit shall submit a fee in accordance with article 74:37. Source: 19 SDR 157, effective April 22, 1993; transferred from § 74:36:05:11, 20 SDR 125, effective February 9, 1994. General Authority: SDCL 34A-1-57, 34A-1-58. Law Implemented: SDCL 34A-1-58. 74:36:05:07. Time period for operating permits and renewals. A permit for an affected source under Title N ofthe Clean Air Act shall be for a fixed term offive 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 aperiod offive years. A permit issued for a solid waste incinerator subject to the requirements of§ 129(e) ofthe Clean Air Act shall be for aperiod not to exceed 12 years and shall bereviewedbythedepartment 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, effectiveApril 22, 1993. General Authority: SDCL 34A-1-6, 34A-1-21, 34A-1-24. Law Implemented: SDCL 34A-1-21, 34A-1-24.

76 

# •

# •
• 74:36:05:08. Timely and complete application for operating permit required. A person who owns or operates a Part 70 sourcerequired to have an operatingpermitmust submit a timely and complete application. An application is timely ifit meets the time limits specified in this section. An application is complete if it meets the requirements in §§ 74:36:05:12 and 74:36:05:13. Thetime limits are set as follows: (1) A source applying for its initial Part 70 operating permit or a modifieation to an existing sol.Hee, exeept as provided in subdivisioa (3), must submit a complete application to the department no less than siJ< months before aegiooing aetua-1 eonstmetion. An applieation may ae subrniUed i-n a shorter time frame if the applieant reeei'tes prior written appro:val from the department. For plff)?oses ofthis seetion, aeginl'l:ing aetua-1 eonstmotion means the initiation of pfl:ysiea-1, onsite eonstmotion, reeonstmetion, or modifieation activities on a anit or ehange in method ofoperation that are ofpermanentnarnre within 12 months after commencingoperation; (2) A Part 70 source applying for a permit modification shall submit a complete application to the department within 12 months after commencing operation oftheemissionunits involved with themodification;**~ill** A Part 70 source applying for renewal of an operating permit must submit a complete application six monthsbeforethe date ofpermit expiration. Ifa source submits a timely and complete application for renewal ofa permit, the terms and conditions ofthe existingpermit remain in effect until therenewal permithas been issued or denied. This right to operate pending action on an application is extinguished ifthe applicant fails to submit on time the information identified in§ 74:36:05:12; 

### f.B 

## ill Part 70 sources required to obtain approval under § 112(g) ofthe Clean Air Act or • to have a PSD preconstruction permit or NSR preconstruction permit l:ltlder the preeoastmetion
77re•riew prograffi under part CorD ofTitle I ofthe CleaE: AirAet mustfile a complete application • to obtain a Part 70 operating permit or a permit modification, whichever is applicable, for the Part 70 source within 12months after commencingoperation. Ifan existing operatingpermit for a Part 70 source would prohibit such construction or the change in operation, the source must obtain a the applicable construction permit, PSD preconstructionpermit, orNSRpreconstruction permitmodifieationbefore commencingoperation; 

### f4f 

## ill Applications for initial phase II acid ram permits must be submitted to the department by January 1, 1996, for sulfur dioxide and by January 1, 1998, for nitrogen oxides; and**~** .{Q} An existing municipal solid waste landfill that meets the requirements of subdivisions 74:36:07:34(1) and (2) is required to submit a Part 70 operating permit application within 15 months ofthe effective date ofEPA's approval ofthe state's § 111(d) plan required in • the CleanAirAct. Source: 19 SDR 157, effective April 22, 1993; 20 SDR 125, effective February 9, 1994; 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April 4, 1999; 31 SDR 101, effectiveJanuary2, 2005. General Authority: SDCL34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-12, 34A-l-21. Note: A Part 70 source applying for an initial operating permit or a permit modification must obtain a construction permit in accordance with§§ 74:36:09, 74:36:10, or 74:36:20 before commencing construction ofthe source orpermitmodification. 78 

# •

# • 74:36:05:09. Complete application. The department shall detennine completeness ofan application for a an initial Part 70 operating permit, permit modification, orrenewal ofa Part 70 operating permit within 60 days after its receipt and shall notify the applicant in writing ofits detennination. Ifthe department does not notify the applicant that the application is incomplete within 60 days after receipt of the application, the applicant may consider the application complete. At any time during the processing ofthe application, the department may request, in writing, additional infonnation necessaryto evaluate or takefinal action onthe application. If the application is incomplete or additional information is necessary to evaluate the application, the department shall identify the items required to complete the application. The • applicant has an additioHal 20 working days after receipt ofan incomplete notification orrequest for additional infonnation to submit the requested infonnation, unless an extension beyond the 20 working days is approved by the department. The department shall detennine the adequacy of the applicant's response to each incomplete item within 20 days after receipt ofthe response and shall notifythe applicant inwriting ifthe application is oris not complete. Once a designated representative submits a timely and complete acid rain pennit application, the owners or operators ofthe affected source and the affected units covered bythe pennit application are considered in compliance with therequirement to have an acid rainpennit until the final pennit is issued, provided that 

### ifanyrequested additional informationis submitted duringthepermittingprocess. 

# •
79Source: 19 SDR 157, effective April22, 1993; 21 SDR 119, effective January 5, 1995; 25 • SDR 123, effectiveApril4, 1999. General Authority: SDCL 34A-l-6, 34A-1-21. Law Implemented: SDCL 34A-1-21. 74:36:05:10. Transferred to§ 74:36:05:03.01. 74:36:05:11. Transferred to§ 74:36:05:06.01. 74:36:05:12. Required contents ofcomplete application. An applicant for an operating permit for a Part 70 source orpermit modification must submitthe 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 ifdifferent from the company name, the owner's name and agent, andtheplant site manager or contact; (2) A plant description in terms ofthe processes and products identified by the Standard Industrial Classification Code, 1987, including any associated with each alternate scenario identifiedbythe source; (3) Thefollowinginformation 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 anyemissions unit, exceptwhen suchunits are exempt; 

# •
80

# • (b) Identification and description ofall emissionpeffits units describedin subsection (a) of this subdivision in sufficient detail to establish the basis for fees and the applicability of requirements ofthe CleanAirAct; (c) Emissions rates in total tons per year and in any other terms necessary to establish compliance consistentwiththe applicable standardreferencetestmethod; (d) Fuels, fuel use,rawmaterials,productionrates, and operating schedules; (e) Identification and description of air pollution control equipment and compliance monitoring devices or activities; (f) Limits on source operation affecting emissions or any work practice standards, as applicable for allregulated airpollutants; (g) For all pollutants regulated at the source, other information required by any • applicable requirements including information related to stack height limits, such as the location of emissions units, flow rates, building dimensions, and stack parameters, including height diameter, and plumetemperature; and 

# • (h) Calculations onwhichtheitems inthis subdivision are based; (4) One copy of any prepared plans and the specifications of any equipment or other facilities thatmay affect the source, includingpollutioncontrol devices; (5) An abatement strategiesplan, ifrequiredbychapter74:36:03; (6) A signed and notarized certification ofapplicant form, as providedbythe department; (7) The results ofany air dispersion modeling or stack performance testingrequired bythe department; (8) Citation and description of all applicable air pollution control emission limit requirements; 81(9) A review of fugitive emissions included in the same manner as stack emissions, whether or not the source is included in the list ofsources contained in the definition ofmajor 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 ofthe Clean Air Actorto determine the applicabilityofsuchrequirements; (12) Anexplanation ofanyproposed exemptions from otherwise applicablerequirements; (13) The use of standardized forms for acid rain portions of permit applications and complianceplans; (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 complianceplanthat contains all ofthe following and is at least as stringent as that contained in anyjudicialconsent decree or administrative order to whichthe sourceis subject: (a) A description ofthe compliance status ofthe source for all applicablerequirements, including applicablerequirements thatwillbecome effective duringthe term ofthe permit; (b) A description ofthe requirements for which the source is not in compliance at the time ofpermit issuance and a narrative description and a compliance schedule ofhow the source will achieve compliance with such requirements. The compliance schedule must include a statementthatprogress reports willbe submitted at least once everysixmonths; and (c) A statementthatthe source will continueto demonstrate compliance with applicable requirements; 82 

# •

# • (16) A certification ofcompliance by a responsible official that addresses all air pollution control requirements applicable to the source. A certification of compliance for an affected source subject to Title IV and chapter 74:36:16 must be submitted by the designated representative. This certification must be consistent with any applicable enhanced monitoring and compliance certificationrequirement ofthe Clean Air Act and must include: (a) A statement indicating methods used to determine compliance, including monitoring, recordkeeping and reportingrequirements, and testmethods; (b) 

### A statement that compliance certifications will be submitted at least annually or at other designated times for the duration ofthe permit to the department; (c) A statementthat the source is in compliance with all applicable requirements; (d) A statement identifying the condition of the permit that is the basis of the • certification, indicating the compliance status, and identifying whether compliance is continuous or intermittent; and 

# • (e) A statement indicating the source's compliance status with any applicable enhanced monitoring and compliance certificationrequirements ofthe CleanAirAct; (17) A certification by a responsible official ofthe truth, accuracy, and completeness of any application form, report, or compliance certification submitted to the department. This certification and any other required certification must state that, based on information and belief formed after reasonable inquiry, the statements and information in the documents are true, accurate, and complete; and (18) Any otherinformationrequested bythe department after submission ofan application for a permit to operate a Part 70 source which is relevant to determine compliance ofthe source with the Clean AirAct. 83

# • An 

### application for a renewal of an operating permit for a Part 70 source may refer to previously submittedmaterial. Source: 

### 19 SDR 157, effective April22, 1993; 20 SDR 125, effective February 9, 1994; 21 SDR 119, effective January 5, 1995. General Authority: 

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

### SDCL 34A-l-12, 34A-1-21. Reference: 

### Standard Industrial Classification Manual, 1987, Executive Office of the President, Office ofManagement 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. 

### Ifthe applicant is aware that the application is incomplete or that any relevant facts or information contained in an application are incorrect, the applicant shall submit the supplementary facts or corrected information. The applicant shall provide additional information as necessary to address requirements that become applicable after the application is filed but before the release ofthe draftpermit. Source: 

### 19 SDR 157, effective April22, 1993; 21 SDR 119, effective January 5, 1995. General Authority: 

### SDCL 34A-l-6, 34A-l-21. 84 

# •

# •
•
• LawImplemented: SDCL 34A-1-12, 34A-1-21. 74:36:05:14. Permit application-- Completeness review. Repealed. Source: 19 SDR 157, effective April 22, 1993; 20 SDR 125, effective February 9, 1994; repealed, 21 SDR 119, effectiveJanuary 5, 1995. 74:36:05:15. Deadline for fmal action on permit application. Except for the permitting ofaffected sources under the Title IV acid rain program, final action on each permit application for an operating permit for a Part 70 source, including requests for permit modification or renewal, mustbecompleted within 18 months afterreceipt ofa complete application. Source: 19 SDR 157, effective April22, 1993; 21 SDR 119, effective January 5, 1995. General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-21. 74:36:05:16. Statement ofbasis for recommended permit conditions. The department shall review the complete application for a Part 70 operatingpermit and develop a statement that sets forth the legal and factual basis for the recommended permit conditions, includingreferences 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 draftpermit.

85Source: 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 April4, 1999. GeneralAuthority: SDCL 34A-l-6, 34A-l-21. LawImplemented: SDCL 34A-1-21. 74:36:05:16.01. Operating permit requirements. Each permit issued for the operation of a Part 70 source must contain: (1) The name ofthe person, company, political subdivision, agency, or institution granted a permit; (2) The type ofoperation; (3)**The~** facility and mailing address; (4) The date the operatingpermitwas granted and onwhich itwill expire; 

# • (5) A number for administrative reference; (6) A Thename ofa designated person or officerresponsible for the source's operation; (7) A statement granting an operating permit bythe board or secretary and any conditions thatthe board or secretarymayimpose to ensure compliance with the act and the CleanAirAct; (8) Emission limits and standards, including operational requirements and limits for all regulated emission units, necessary to assure compliance with applicable requirements ofthe act andthe Clean AirAct and including the following: (a) Thereferenceofauthority for eachterm or condition; (b) The applicable requirements from the Clean Air Act and from TitleIV requirements ofthe Clean Air Act, reviewing both requirements and distinguishing which is more stringent and incorporatingbothinto thepermit; and 

# •
86

# • (c) Ifan alternative emission limit is approved in the state implementation plan (SIP), provisions to ensure that the alternative emission limit in the permit issuance, renewal, orpermit modification process has been demonstrated to be equivalent to the applicable emission limit in the state implementation plan and is quantifiable, accountable, enforceable, and based on replicable procedures; (9) Monitoring and related recordkeeping and reporting requirements, consisting ofat 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) ofthe Clean AirAct; (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 ofterms, 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 ofmonitoring equipment or methods; (d) Documentation ofthe 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 companyorentitythatperformedthe analyses; (iv) The analytical techniques or methods used;
87(v) The results ofsuch analyses; and (vi) The operating conditions as existing at the time of sampling or measurement; (e) Recordkeeping and reporting requirements that complywith the following: (i) Submission ofreports ofany required monitoring must occur at least every six months. Reports must clearly identify all deviations from permitrequirements and conditions. All required reportsmustbecertifiedbya responsible official; and (ii) Deviations from permit requirements, including those attributable to upset conditions as defined in the permit, the probable cause of such deviations and any corrective actions or preventive measures taken must be promptly reported and certified by a responsible official; and 

# •

(f) Requirements for retention ofmonitoring records and all supporting documentation • for at least five years from the date of the monitoring sample, measurement, report, or application; and (10) If applicable, a condition prohibiting emissions exceeding any allowances that the source lawfully holds, exceedances of applicable emission rates, and the use of any allowance prior to theyearfor which itwas allocated under theTitleIV program ofthe Clean AirAct; (11) A severability clause asserting the continued validity ofpermit requirements if any portions ofthepermit 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,

88 

# •• revocation and reissuance, 

### or modifieatioH permit revision, or for denial of a permit renewal application; 

### (b) A permittee in an enforcement action may not use the defense that it would have been necessaryto cease orreduce thepermitted activityinorderto maintain compliance; (c) Thepermit maybe

### modified, revised, revoked and reissued, reopened, orterminated for cause. 

### EKisting permit 60HditiOHS '.Vill 

### Hot 

## ae affeeted 

## ay the The filing of a request by the permittee for a permit 

### modifieation revision, revocation and reissuance, or termination or of a notification ofplanned changes oranticipated noncompliancedoes not stay anypermit condition; (d) The permit does not convey property rights of any sort or any exclusive privilege; and (e) Thepermittee must provide any information, includingrecords, requested in writing • by the department to determine whether cause exists for 

### modifyiHg revising, revoking and reissuing, reopening, orterminating thepermit orto determine compliance; (13) Terms and conditions for reasonably anticipated operating scenarios identified by the source in its application and approved bythe department. The terms and conditions must require the source, contemporaneously with making a change from one operating scenario to another, to record in a log at the permitted facility a record ofthe scenario under which it is operating and must ensure that the terms and conditions ofeach such alternative scenario meet all requirements ofthe Clean AirAct; (14) Compliancerequirements that contain the following: (a) A compliance certification and testing, monitoring, reporting, and recordkeeping requirements sufficient to assure compliance with the terms and conditions ofthe permit. All 

# • documents, including reports, required by the permit must be certified by a responsible official 89consistent with subdivision 74:36:05:12(17). The compliance certification must be submitted 

# • annually from thedate ofpermitissuanceto the department and EPA; (b) Inspection and entryrequirements 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 ofthe permit; (2) Have access to and copy, at reasonable times, any records that must be kept underthe conditions ofthepermit; (3) Inspect at reasonable times any facilities, equipment, practices, or operations regulated orrequired under the permit; and (4) As authorized by the Clean Air Act, sample or monitor at reasonable times • substances or parameters for the purpose of assuring compliance with the permit or applicable requirements; (c) A compliance plan in accordance with subdivision 74:36:05:12(15), including progress reports on noncompliance indicating the dates that compliance will be achieved or the dates that compliance was achieved as referred to in a schedule ofcompliance. The report must state an explanation for not attaining dates of compliance and must be submitted to the department semiannuallyormore frequently as requiredbythe department; and (d) A compliance certificationin accordance with subdivision 74:36:05:12(16); (15) A conditionrequiring a Part 70 source to pay anyrequired fees; 

# • 90

# • (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 bythe applicable requirements ofthe CleanAir 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, 2005 July 1, 2009); (18) Provisions forpermit emission exceedances due to emergencies that are in accordance with therequirements in 40 C.F.R. Part 70.6(g) (July 1, 2005 July 1, 2009); and (19) All applicablerequirements ofthe Clean AirAct. 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. General Authority: SDCL 34A-1-6, 34A-l-21. Law Implemented: SDCL 34A-l-12, 34A-l-21. 74:36:05:17. Public participation in permitting process. All operating permit issuance proceedings, including renewals, permit modifications, and reopenings, for a Part 70 source, except as provided in this chapter, must provide an opportunity for public and affected states to comment on the draftpermit. 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: 91(1) A briefstatement describing the facility source, including the name and address ofthe permittee; (2) The activity or activities involved inthepermit action; (3) The emissions change involved inanypermitmodification; (4) The department's recommendation and thereasons for it; (5) A statement that a person may submit comments or contest the draft permit within 30 days after publication ofthe 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 ofthe 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 Apri14, 1999. General Authority: SDCL 34A-l-6, 34A-1-21. LawImplemented: SDCL 34A-l-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 92 

# •
•
•• draft permit or request a contested case hearing. All comments will be considered in making a final permit decision on the draft permit as provided in §§ 74:36:05:20 and 74:36:05:20.01. A


# •
• request for a contested case hearingmustbe in writing andprepared and filed in accordance with article 74:09. The department is not required to accept recommendations or comments that are notbased on applicablerequirements ofthis article ortherequirements oftheCleanAir Act. Source: 19 SDR 157, adopted April22, 1993, effective November 15, 1994; 20 SDR 125, amended February 9, 1994, effective November 15, 1994; 21 SDR 119, amended January 5, 1995, and effective date changed to March 15, 1995; 25 SDR 123, effectiveApril 4, 1999. General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL34A-1-21. 74:36:05:19. Transferred to §74:36:05:20.03. 74:36:05:20. Department review of affected states' comments on draft permit. Repealed. Source: 19 SDR 157, effective April 22, 1993; 20 SDR 125, amended February 9, 1994, and effective date changed to November 15, 1994; 21 SDR 119, amended January 5, 1995, and effective date changed to March 15, 1995; repealed, 25 SDR 123, effective April 4, 1999. 74:36:05:20.01. Final permit decision-- Notice to interested persons. The department shall make its final permit decision within 30 days ofthe end ofthepublic comment period on a 93draft permit. The department shall notify, in writing, the applicant and each person or affected • state that submitted written comments orrequested notice ofthefinal permit decision. The notice shall includereference to theprocedures for contesting thefinal permit decision andrequesting a hearing in accordance with article 74:09. Forthe purpose ofthis section, the final permit decision means proposing a ne•.v, modified, orrene>.ved permit, denying apermit, or terminating apermit. The proposed new, modified, or renewed Part 70 operating permit will must be submitted to EPA within 30 days ofnotifying 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 specifiedinthefinal 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 publicnotice period onthe draft permit. Inthis case, the draft permit automatically becomes the final permit decision and theproposed Part 70 operatingpermitis 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 April4, 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-l-34.

94 

# •
•

# • 74:36:05:20.02. Petitions for contested case hearing. The applicant, interestedperson, or affected state may petition the board and obtain a contested case hearing to dispute the department's draftpermit. Anyotherperson maypetition to intervene and request a hearing ifthe person has an interest affected bythe department's draft permit. Such petitions must comply with the provisions ofarticle 74:09 and be received bythe department within 30 days after the notice requiredby§ 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. Suchpetitions must comply with theprovisions ofarticle 74:09 and bereceived by the department within 30 days after the applicant, interested person, or affected state receives • thedepartment's final permit decision.


# • Ifthe draft permit or the final permit decision is contested, the department shall presentthe draft permit or final permit decision to theboard for action in accordancewith 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, effectiveApril4, 1999. General Authority: SDCL 34A-1-6, 34A-1-21. 95LawImplemented: SDCL 1-26-27, 1-26-29, 34A-1-21, 34A-1-30, 34A-1-34. 74:36:05:20.03. EPA review ofPart 70 operating permit. The department shall submit to EPA a copy ofeach permit application for an. operating permit for a Part 70 Sffi:ffi.le operating permit, including any application for .!!:permit modification at the time the application is received by the department, minutes of the proceedings of a contested case hearing, the draft permit, comments from the public or affected states on the draft permit and the department's response, the proposed Part 70 operating permit, and the final permit after EPA review. The department may, in agreement with EPA, submit a permit application summary form and any relevant portion ofthe permit application or compliance plan. 

# •

Source: 19 SDR 157, adopted April22, 1993, effectiveNovember 15, 1994; 20 SDR 125, • transferred from§ 74:36:05:19 and amended February 9, 1994, effective November 15, 1994; 21 SDR 119, amended January 5, 1995, and effective date changed to March 15, 1995; 25 SDR 123, effective April4, 1999. GeneralAuthority: SDCL 34A-1-6, 34A-1-21. LawImplemented: SDCL 34A-1-21. 74:36:05:21. EPA objection to issuance of operating permit. The department may not issue aproposed Part 70 operating permit as a final permit for a Part 70 source ifEPA objects to its issuance within 45 days after receipt ofthe proposed Part 70 operating permit pursuant to § 74:36:05:20.03. Ifthere is no EPA objection, the department shall issue the proposed Part 70 operatingpermit as a final permit. 96 

# •

# • Source: 19 SDR 157, effective April 22, 1993; 20 SDR 125, amended February 9, 1994, and effective date changed to November 15, 1994; 21 SDR 119, amended January 5, 1995, and effective date changed to March 15, 1995. General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-21. Cross-Reference: EPA objectionprocedure, 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 orjustify its position on the proposed Part 70 operating permit to EPA. Ifthe department decides to revise the proposed Part 70 operating permit, it shall publish a pualie Rotiee as required by §74:36:05:17 and take eoffiffieRts from the pualie OR the revised permit follow the procedural requirements for an initial Part 70 operating permit, administrative permit amendment, minorpermit amendment, or permitmodification, as applicable. Ifthe 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. Ifthe EPA does not concur, the EPAisresponsible 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. 97

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

### Law Implemented: SDCL 34A-1-21. 

### 74:36:05:22. Department failure to meet EPA objection deadline. If the department fails to submit a revised proposed Part 70 operating permit orjustification in accordance with § 74:36:05:21.01 to EPA to meet the objection within 90 days after its receipt, responsibility for issuing or denyingthe final permitrests with EPA. 

### Source: 19 SDR 157, effective April 22, 1993; 20 SDR 125, amended February 9, 1994, and effective date changed to November 15, 1994; 21 SDR 119, amended January 5, 1995, and effective date changed to March 15, 1995. 

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

### Law Implemented: SDCL 34A-1-21. 

### 74:36:05:23. Public petition to EPA on the fmal permit. When a proposed Part 70 operating permit is issued as a final permit by the EPA or the department, a person maypetition the EPA in writing within 60 days after expiration of EPA's review period specified in §§ 74:36:05:20.03 to 74:36:05:22, inclusive, to object to the issuance of a final permit. The petition may be based only on objections to the permit that were raised with reasonable specificity during the public comment period, unless the petitioner demonstrates that it was impracticable to raise such objections within the public commentperiod orunless the grounds for the objection arose after the public comment period. IfEPA objects to the issuance ofthe final permit as a result ofapetition, the department shall respond to EPA's objection. Upon resolution 98 

# •
•
•• ofEPA's objection, the permit shall remain the same or maybe modified, terminated, orrevoked bythe department orEPA. 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. GeneralAuthority: SDCL34A-1-6, 34A-l-21. Law Implemented: SDCL 34A-1-21. 74:36:05:24. Affected state and EPAreview required. Repealed. 

# • Source: 19 SDR 157, effective April 22, 1993; repealed, 20 SDR 125, effective February 9, 1994. 74:36:05:25. Transferred to § 74:36:05:20.01. 74:36:05:26. Transferred to § 74:36:05:20.02. 74:36:05:27. Transferred to§74:36:05:16.01. 74:36:05:28. Permit expiration. Permit expiration terminates the source's right to operate under the Part 70 operating permit unless a timely and complete renewal application has been 

# • submitted to the department. 99Source: 19 SDR 157, effectiveApril22, 1993. General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-21. Cross-Reference: Timely and complete application for operating permit required, § 74:36:05:08. 74:36:05:29. Permit renewal. Permits to be renewed are subject to the same procedural requirements in§§ 74:36:05:08 to 74:36:05:23, inclusive, as the original Part 70 operatingpermit issuance. Source: 19 SDR 157, effective April 22, 1993; 20 SDR 125, effective February 9, 1994; 31 SDR 101, effective January2, 2005. GeneralAuthority: SDCL 34A-l-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 makethe changes listedbelow without requiring a permit revision before the source makes those changes ifthe change is not a modificationunder any provision ofTitle I of the Clean AirAct and the change does not exceed the emissions allowable under the permit. The source mustprovide both EPA and the department written notification as required in this section

100 

# •
•
•• at least seven days in advance ofthe proposed changes. The source, 

### the EPA, and the department shall attach each such notice to its copy oftherelevantpermit. Permitted sources maymake changes 

### ',vhieh that do not violate anyapplicablerequirements or contravene federally enforceable permit terms and conditions, such as monitoring, including testmethodst,recordkeepingt, reportingt, or compliance certificationrequirements. For each such change, the written notice must include a briefdescription ofthe change within the permitted facility, the date on which the change will occur, anychange in emissions, and anypermit term or conditionthat is no longer applicable as aresult ofthe change Ifa permit applicant requests it, the department must issue permits that contain terms and • conditions, including all requirements under §74:36:05:16.01, allowing for the trading of increases and decreases in the permitted facility solely for the purpose of complying with a federally enforceable emissions cap that is established in the permit independent of otherwise applicable requirements. Thepermit applicantmustinclude inits permit applicationtheproposed 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 complywiththeterms and conditions ofthepermit. 

# • Source: 19 SDR 157, effective April22, 1993; 21 SDR 119, effective January 5, 1995.
101General 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 canbe applied for at anytime bythe applic<mt's submittal ofan application. The applicationmust specify whether the requested ameadmeat aad the reasoas for it 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 permitmodification. Source: 19 SDR 157, effective April22, 1993. General Authority: SDCL 34A-l-6, 34A-1-21. Law Implemented: SDCL 34A-1-21. 74:36:05:32. Administrative permit amendment required. An administrative permit amendment may be issued for a revision to a permit meeting the requirements of§ 74:36:01:03. An application for an administrative permit amendment shall contain a description ofthe change and documentation supporting the applicant's claim the revision qualifies as an administrative permit amendment. Source: 19 SDR 157, effective April22, 1993; 23 SDR 106, effective December 29, 1996. General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-21. 102 

# •
•
•

# •
•
• 74:36:05:33. Procedure for administrative permit amendments. An administrative permit amendment shall be made by the department without being subject to advance notice or the procedural requirements applicable to a permit modification. The department shall take no morethan 60 days from receipt ofan application for an administrative permit amendment to take final action on the application. The department maymake such changes withoutproviding notice to the public or affected states ifit designates any such pennitrevisions as being made pursuant to this section. The department shall submit a copy ofthe revised permitto EPA. The sourcemay implement the changes addressed in the application for an administrative amendment immediatelyupon submittingthe 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 mayrequest 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 CleanAirAct. Source: 19 SDR 157, effective April22, 1993; 25 SDR 123, effective April4, 1999. GeneralAuthority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-12, 34A-l-21. 10374:36:05:35. Requirements for minor permit amendments. A minorpermit amendment is an amendment to an existing permit and is issuedbythe secretary. A minor permit amendment maybe issued bythe secretaryifthe proposed revisionmeets the following requirements: (I) Itdoes not violate any applicablerequirement; (2) It does not involve significant changes to existing monitoring, reporting, or recordkeeping requirements in thepermit; (3) Itdoes notrequire or change a case-by-case determination ofan emission limit or other 

# •

standard, a source-specific determination for temporary sources of ambient impacts, or a • visibility or increment analysis; (4) Itdoes not seek to establish or change a permit term or condition for which there is no corresponding underlying applicable requirement that the source has assumed to avoid an applicable requirement, a federally enforceable emissions cap assumed to avoid classification as a modification under any provision of Title I, and an alternative emissions limit approved pursuantto regulations promulgated under§ 112(i)(5) ofthe Clean AirAct; and (5) Itdoes notconstitute amodificationunder Title I oftheClean Air Act. Source: 19 SDR 157, effective April22, 1993; 21 SDR 119, effective January 5, 1995. • 104

# •
•
• General Authority: SDCL 34A-l-6, 34A-l-21. Law Implemented: SDCL 34A-l-21. 74:36:05:36. Application for minor permit amendment. An application for a minor permit amendment shall include the following: (I) A description ofthe proposed change, the resulting change in emissions, and any new applicablerequirements; (2) The source's suggested draft permit; (3) Certification by a responsible official that the proposed revision meets the applicable requirements ofa minorpermit amendment; and ( 4) Completed forms for notifying EPA and any affected states. Source: 19 SDR 157, effective April22, 1993. GeneralAuthority: SDCL 34A-l-6, 34A-l-21. Law Implemented: SDCL 34A-l-21. 74:36:05:37. Notification of EPA and affected states required. The department shall notify EPA and any affected states within five working days after receipt of a complete minor permit amendment application. Source: 19 SDR 157, effective April22, 1993. General Authority: SDCL 34A-l-6, 34A-l-21. 105

### Law Implemented: SDCL 34A-l-21. 

# • 74:36:05:38. Department deadline to approve minor permit amendment. +he departmeHt may Ret issue a fiHal miHor fl6£Hl:it ameHdmeHt l:lfltil after EPA's 45 day re¥iew or l:lfltil EPA has Hotified the departHl:eHt that EPA will Hot objeet to the issuasee of the miHor pefffiit ameHdmeHt. 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 afterthe end ofEPA's 45-dayreviewperiod, whicheveris later: (1) Issue theminorpermit amendment as proposed; (2) Denythe minorpermit amendment application; (3) Determinethat the requested minorpermit amendment shouldbeprocessed as a permit • modification; or (4) Revise the proposed minor permit amendment and transmit the revised amendment to EPA. The department is not required to public notice a minor permit amendment; but the final permit decision for a minor permit amendment must be submitted to EPA for a 45-day review. The department maynotissue a final permit for a minorpermit amendmentuntil 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 minorpermit amendment sevendays after submitting a complete application. 

# •

106

# •
•
• Source: 

### 19 SDR 157, effective April22, 1993; 21 SDR 119, effective January 5, 1995. General Authority: 

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

### SDCL 34A-l-21. 74:36:05:39. Permit modifications. 

### Permit modifications are subject to the same procedural requirements in §§ 

### 74:36:05:08 to 74:36:05:23, inclusive, as the original permit issuance, except that the required review covers only the proposed changes rather than the unchanged activities ofthe permittee. Source: 

### 19 SDR 157, effective April22, 1993; 21 SDR 119, effective January 5, 1995. General Authority: 

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

### SDCL 34A-1-21. 74:36:05:40. Reopening operating permit for cause. 

### The department may reopen and revise an operatingpermit 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 ofthe 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 ifthe effective date ofthe requirement is later than the date on which the permit is due to expire;

107

### (2) Additional requirements become applicable to an affected source under Title IV ofthe • Clean AirAct; (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 ofthepermit; or (4) The department or EPA determines that the permit must be revised or revoked to assure compliance with the applicablerequirements ofthe Clean Air Act or this article. Source: 

### 19 SDR 157, effective April 22, 1993; 25 SDR 123, effective April4, 1999; 31 SDR 101, effective January 2, 2005. General Authority: 

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

### SDCL 34A-1-21. 74:36:05:41. Procedures to reopen permit. 

### Reopening a permit shall follow the procedural requirements to issue an initial permit and shall affect only those parts ofthe permit for which cause to reopen exists. The department shall follow the procedural requirements for initial permit issuance and shall notify the source subjeet to Part 70 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, effectiveApril22, 1993. 108 

# •
•

# •
•
• GeneralAuthority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-21. 74:36:05:42. Reopening permitfor cause byEPA.Within 90 days after EPAnotifies the department and permittee that cause exists to terminate, modify revise, or revoke and reissue a permit, the department shall' submit to EPA a proposed determination of termination, moaifieationrevision, orrevocation and reissuance. Source: 19 SDR 157, effectiveApri122, 1993. General Authority: SDCL 34A-1-6, 34A-1-21. Law Implemented: SDCL 34A-1-21. 74:36:05:43. EPA review ofproposed determination. AfterEPAreview ofthe proposed determination, the department has 90 days from receipt of an EPA objection to resolve the rejection. Source: 19 SDR 157, effective Apri122, 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-dayperiod in§ 74:36:05:42 orfailure to resolve the objection in §74:36:05:43 will result in termination, moaifieation revision, or 109

### 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 andhearingbyEPAontheproposed action. Source: 

### 19 SDR 157, effective Apri122, 1993. General Authority: 

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

### SDCL 34A-1-21. 74:36:05:45. EPA's decisionfmal action. 

### Repealed. Source: 

### 19 SDR 157, effective April22, 1993; repealed, 21 SDR 119, effective January 5, 1995. 74:36:05:46. Permit termination, modification, revocation, and reissuance by department. 

### The department shall 

### may terminate, modify revise, or revoke permits for violations ofthe Clean Air Act orthis article or for nonpayment ofa fee. Invalidation ofthe acid rain portion of an operating permit does not affect the continuing validity of the rest of the operating permit, nor does invalidation ofany other portion ofthe operating permit affect the continuing validityofthe acid rainportion ofthe permit. Source: 

### 19 SDR 157, effective April 22, 1993. General Authority: 

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

### SDCL 34A-l-21. llO 

# •
•

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

### If the department determines that the operation of a source is not in compliance with the rules, statutory requirements, or permit conditions, the department may issue a notice of such findings to the permit holder or operator ofthe source. The notice must contain citations to the rules, statutes, or permit conditions violated, reference to this section, and the alleged facts upon which the determination is based. The secretary, with the concurrence ofthe alleged violator, may settle an issue of noncompliance by specifying a compliance agreement, which may include a penalty under SDCL 34A-1-39 and the date for final compliance of the source. If a compliance agreement can not be negotiated, the department may petition the chairman ofthe board for a contested case hearing ormay 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 April22, 1993. General Authority: 

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

### SDCL 1-26-20, 34A-1-39, 34A-1-53. 74:36:05:47.01. Circumvention of 

### emissions not allowed. 

### A person may not install or cause the installation or use ofa device or a means which conceals or dilutes an emission ofair pollutants that would otherwise violate this article orthe Clean AirAct. This includes operating a

Illsource, unit, or control device which emits pollutants into the ambient air from an opening other • than the stack, vent, orequivalent opening from whichtheywere designed to be emitted. 

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

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

### Law Implemented: SDCL 34A-1-18. 

### 74:36:05:48. Petition for contested case on alleged violation. In accordance with § 74:36:05:47, the department may file a petition containing the information required in article 74:09 to request an order directing corrective action, that an enforcement hearing be scheduled pursuant to the provisions of article 74:09, or that the permit be suspended or revoked for noncompliance. 

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

### 4, effective July 27, 1980; transferred from§ 44:10:01:48, effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 14 SDR 50, effective October 4, 1987; transferred from § 74:26:01:48, 19 SDR 157, effective April22, 1993. 

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

### LawImplemented: SDCL 34A-1-47, 34A-1-49. 

### 74:36:05:49. Stackperformance tests required. Repealed.

112 

# •
•

# •
•
• Source: 19 SDR 157, effective April22, 1993; repealed, 23 SDR 106, effective December 29, 1996. 74:36:05:50. Federal enforceability ofpermit conditions. All terms and conditions ofa Part 70 operatingpermit issuedpursuantto this article, including anyprovisions designed to limit a source's potential to emit, are federally enforceable, except those conditions imposed by the department that are not required under the Clean Air Act. The conditions imposed by the department that are not required under the Clean Air Act must be specifically designated as not being federally enforceable. Source: 20 SDR 125, effective February 9, 1994; 21 SDR 119, effective January 5, 1995. GeneralAuthority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6. 74:36:05:51. General permits. The secretary may issue a general permit to a category of airpollution sources that meets the following: (1) Involvethe same or substantially similar types ofoperations; (2) Require the same or similartype ofair emission limits; and (3) Require the same or similarrecordkeeping 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 113

### constructed or operate until they are granted coverage under the general permit, or until they • obtain an individual permit ifrequiredbythe secretary. Source: 

### 30 SDR 26, effective September 1, 2003. General Authority: 

### SDCL 34A-l-21. Law Implemented: 

### SDCL 34A-l-56. Note: 

### The procedural requirements for obtaining a general permit under this chapter are similar to the procedural requirements for a Part 70 source, such as a timely and complete application, completeness review, public participation, and departmental recommendation, as outlined in§§ 74:36:05:08 to 74:36:05:23, inclusive. 

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

### The secretary may require any source applying for a general permit or operating under a general permit to apply for and obtain an individual air quality permit. Individual air quality permits may be required at the discretion ofthe secretary, including underthe following circumstances; (1) The owner or operator is not in compliance with the conditions of its existing individual airpermitpriorto applying for the general permit; or (2) The owner or operator is not in compliance withthe conditions ofthe general permit. Source: 

### 30 SDR 26, effective September 1, 2003. 

# •

114

# •
•
• General Authority: SDCL 34A-1-21. Law Implemented: SDCL 34A-1-56.

Section 74:36:06:01 74:36:06:02 74:36:06:03 74:36:06:04 74:36:06:05 74:36:06:06 74:36:06:07 CHAPTER 74:36:06 REGULATED AIRPOLLUTANT EMISSIONS

Applicability. Allowable emissions for fuel-burning units. Allowable emissions for process industryunits. Particulate emissionrestrictions for incinerators and waste woodburners. Most stringent interpretation applicable. Stackperformance test. Openburningpracticesprohibited.

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, or74:36:16.

115Source: SL 1975, ch 16, § 1; transferred from§ 34:10:07:01, 7 SDR 4, effective July 27, 1980; transferred from§ 44:10:07:01, effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; transferred from § 74:26:07:01, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effectiveJanuary 5, 1995. General Authority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6. 74:36:06:02. Allowable emissions for fuel-burning units. An owner or operator of a fuel-burning unit may not cause or permit emissions ofthe following regulated air pollutants from the combustion of solid, gaseous, or liquid fuels that exceed the following allowable emissions limits that applyto the fuel-burningunit: (1) Particulatematter: (a) A fuel-burning unit with heat input values less than 10 million Btus per hour may not exceed .6 pounds ofparticulate matterpermillion Btus ofheatinput; and (b) A fuel-burning unit with a heat input equal to or greater than 10 million Btus per hourmaynot exceedtheparticulate emissionsrate determinedbythe following equation:
E = 0.811H-0'131, where

116 

# •
•
•

# • E 

### = the allowable particulate emissions rate in pounds per million Btus of heat input and H = 

### heat input in millions ofBtus perhour; (2) Sulfur dioxide: A fuel-burning unit may not emit sulfur dioxide emissions to the ambient air in an amount greater than three pounds of sulfur dioxide per million Btus ofheat input to the unit based on a three-hour rolling average, which is the arithmetic average ofthree contiguous one-hourperiods. Source: SL 1975, ch 16, § 1; transferred from§ 34:10:07:03, 7 SDR 4, effective July 27, • 1980; transferred from§ 44:10:07:03, effective July 1, 1981; 11 SDR 151, effective May 12, 1985; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 16 SDR 88, effective November 14, 1989; 17 SDR 170, effective May 13, 1991; transferred from§§ 74:26:06:02.01 and 74:26:07:03, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April4, 1999. 

# • GeneralAuthority: SDCL 34A-1-6. LawImplemented: SDCL 34A-1-6. 74:36:06:03. Allowable emissions for process industryunits. An 

### owner or operator who operates a process industry unit may not cause orpermit emissions ofthe following regulated air pollutants from any unit in excess ofthe amount expressed in the equation allocated to the unit listed in this section: 117(1) Particulate matter: (a) The allowable particulate emissions rate for process industry units with process weight rates up to 60,000 poundsperhour shall be determinedbyuse ofthe 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 ofthe following equation: E = [55.0 x 

### po.tl] - 40, where
E = the rateofemission in pounds perhour and P = process weightrate intons perhour; (2) Sulfur dioxide: A process unit which uses combustible fuel may not emit sulfur dioxide emissions to the ambient air in an amount greater than threepounds ofsulfur dioxide per million Btus of heat input to the unit based on a three-hour rolling average, which is the arithmetic average ofthreecontiguous one-hourperiods.

118 

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### • Source: SL 1975, ch 16, § 

### 1; 2 SDR 40, effective December 7, 1975; transferred from §§ 34:10:06:08 and 34:10:07:03, 7 SDR 4, effective July 27, 1980; transferred from §§ 44:10:06:05 and 44:10:07:03, effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 16 SDR 88, effective November 14, 1989; 17 SDR 170, effective May 13, 1991; transferred from§§ 74:26:06:05 and 74:26:07:03, 19 SDR 157, effective Apri122, 1993; 21 SDR 119, effectiveJanuary 5, 1995; 25 SDR 123, effective April4, 1999. 

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

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

### 74:36:06:04. Particulate emission restrictions for incinerators and waste wood burners. An owner oroperator maynot cause orpermit an incinerator or wood waste burner to • emit a regulated airpollutant ofa density greater than that designated as 20 percent opacity. No otheremission limits applyto these sources except those in chapters 74:36:07 and 74:36:08. 

# • Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from § 34:10:06:01, 7 SDR4, effective July27, 1980; transferred from §44:10:06:01, effectiveJuly 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 April22, 1993; 31 SDR 101, effectiveJanuary 2, 2005. 

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

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

11974:36:06:05. Most stringent interpretation applicable. 

### Ifthe nature ofany unit or the • design ofany equipment permits more than one interpretation ofthe limits ofthis chapter, the interpretation that results inthe most stringentvalue for the allowable emissions shall apply. Source: 

### SL 1975, ch 16, §1; 

### 2 SDR 40, effective December 7, 1975; transferred from § 34:10:06:10, 7 SDR 4, effective July 27, 1980; transferred from§ 44:10:06:07, effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 17 SDR 170, effective May 13, 1991; transferred from§ 74:26:06:07, 19 SDR 157, effective April22, 1993. General Authority: 

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

### SDCL 34A-1-6. 74:36:06:06. Stack performance test. 

### A unit subject to this chapter must follow the • requirements in chapter 74:36:11 for stack performance tests. A stack performance test is requiredunderthe following conditions: (1) A new unit or modification ofan existing source with the potential to emit any ofthe regulated pollutants greater than 100 tons per year shall conduct a stack performance test to determine compliance withthe 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 apermit to operate or at the discretion ofthe secretary. 

# •
120• Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from § 34:10:05:02, 7 SDR4, effective July 27, 1980; transferred from§ 44:10:05:02, effectiveJuly 1, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; transferred from§ 74:26:05:02, 19 SDR 157, effectiveApril22, 1993; 31 SDR 101, effectiveJanuary2, 2005. GeneralAuthority: SDCL 34A-1-6, 34A-1-12. Law Implemented: SDCL 34A-1-12. 74:36:06:07. Open burning practices prohibited. The following open burning practices are prohibited: (1) A personmaynotbumwaste oils, rubber, waste tires, tarpaper, or asphalt shingles. For • the purposes ofthis subdivision, waste oil means any oil that has been refined from crude oil, used, or contaminated byphysical or chemical impurities. An exception for crude oil is allowed as a remediation alternative for soils contaminated with crude oil if a person submits the information requested in § 74:10:05:11.04 and the secretary approves the alternative remediation process; (2) A municipality or county governmental agency may not burn municipal solid waste unless exemptedbythe small town exemption in accordance with§ 74:27:12:25; (3) A person may not conduct or permit the operation of a salvage operation by open burning, except as allowed in article 74:27; and 

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### (4) A person may not bum railroad ties or wood treated with inorganic arsenicals, • pentacholorophenol, or creosols. Open burning ofany other material must be conducted in accordance with all applicable local ordinances and state laws and rules. Source: 

### SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from §§ 34:10:04:02 and 34:10:04:08, 7 SDR 4, effective July 27, 1980; transferred from §§ 44:10:04:02 and 44:10:04:08, effective July 1, 

### 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 17 SDR 170, effective May 13, 1991; transferred from§§ 74:26:04:02 and 74:26:04:08, 19 SDR 157, effective April22, 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 April4, 1999. • General Authority: 

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

### SDCL 34A-1-18. Cross-References: 

### Promulgation of rules -- Factors for consideration -- Scope -- Open burning, SDCL 34A-6-1.6; Openburningrestrictions,§ 74:27:13:11. 

### CHAPTER74:36:07 NEWSOURCEPERFORMANCESTANDARDS 

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