-· 

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: 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:105. National emission standards for iron and steel foundry area sources. 

The national emission standards for iron and steel foundry area sources are those in 40 C.F.R. 

'art J }( 

• 

zzzzz~ 

Source: 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-l-18. 

74:36:08:106. National emission standards for gasoline distribution bulk terminals, 

bulk plants, and pipeline facilities. The national emission standards for gasoline distribution 

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

183 
Source: 

General Authority: 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: 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:108. National emission standards for paint stripping and miscellaneous 

surface coating area sources. The national emission standards for paint stripping and • 

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. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:109. National emission standards for acrylic and modacrylic fiber 

• production area sources. The national emission standards for acrylic and modacrylic fiber 

production area sources are those in 40 C.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 

General Authority: SDCL 34A-1-6. 

Law Implemented: 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: 

General Authority: 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: 

General Authority: SDCL 34A-1-6. 

Law Implemented: 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: 

General Authority: SDCL 34A-1-6. 

Law Implemented: 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: 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-I-18. 

ermit for a reason 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: 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:115. National emission standards for clay ceramic manufacturing area 

• 

sources. The national emission standards for clay ceramic manufacturing area sources are those • 

in 40 C.F.R. .:;<;: 

Subpart RRRRRR~~· 

Source: 

General Authority: 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: 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:08:117. National emission standards for secondary nonferrous metal 

processing area sources. The national emission standards for secondary nonferrous metal 

Source: 

General Authority: SDCL 34A-l-6. 

Law Implemented: 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 

Subpart WWWWWW ~~· 

Source: 

General Authority: SDCL 34A-l-6. 

Law Implemented: 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: 

General Authority: SDCL 34A-l-6. 

Law Implemented: 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: 

General Authority: SDCL 34A-1-6. 

Law Implemented: 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$ Subpart ZZZZZZ .~· 

Source: 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18 . 

J(:' 

and other 

co er and 

Jul 1 

191 
CHAPTER 74:36:09 

PREVENTION OF SIGNIFICANT DETERIORATION 

Section 

74:36:09:01 Applicability. 

74:36:09:01.01 Prevention of significant deterioration permit required. 

74:36:09:02 Prevention of significant deterioration. 

74:36:09:03 Public participation. 

74:36:09:02. Prevention of significant deterioration. For the purposes of this chapter, 

the state's definitions and requirements for the prevention of significant deterioration are those in 

40 C.F.R. § 52.21 (July 1, 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 secretary with 

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

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

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

(c) In 40 C.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" means the administrator of EPA; 

(2) For the purposes of this section, the term "Act" means the Clean Air Act; 

(3) For the purposes of this section, in 40 C.F.R. § 52.2l(c), the Class I areas in South 

Dakota are Wind Cave National Park and the Badlands National Park; 

(4) For the purposes of this section, 40 C.F.R § 52.2l(a)(2)(iv)(f) is incorporated by 

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

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

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

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

Clean Unit"; 

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 not be limited to, any activity(s) that meets the requirements of the 

equipment replacement provisions contained in paragraph (cc) of this section"; 

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

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

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

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

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

excluding the phrase, "expires under paragraph (s) of this section or". 

The secretary shall transmit to the administrator of the EPA a copy of each permit 

application subject to this section and shall notify the administrator of the EPA of each 

significant action the secretary takes on the application. 

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

SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 33 SDR 43, 

effective September 18, 2006; 33 SDR 217, effective June 13, 2007. 

General Authority: SDCL 34A-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 

participation procedures are those in 40 C.P.R. § 51.166(q) (Jaly 1, 2005 July 1, 2009), excluding 

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

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

authority" means the secretary; 

(2) For the purposes of this section, in 40 C.P.R. § 51.166(q)(I) the phrase "specified time 

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 of EPA; 

( 4) For the purposes of this section, in 40 C.P.R. § 51.166( q)(2)(iii), the phrase "Notify the 

public" shall consist of a public notice once in a legal newspaper in the county where the 

proposed source would be constructed. The public notice shall include a statement that a person 

may submit comments or contest the draft permit within 30 days after the publication of the 

notice. The statement shall also describe the procedures a person must follow to contest the draft 

permit and request a hearing in accordance with article 74:09; 

195 
(5) For the purposes of this section, in 40 C.F.R. § 51.166(q)(2)(v), a public hearing is • 

required if a person contests the draft permit or contests the secretary's final determination and 

requests a hearing in accordance with article 74:09; and 

(6) For the purposes of this section, in 40 C.F.R. § 51.166(q)(2)(viii), if a request for a 

contested case hearing is not submitted during the public notice period, the secretary shall make a 

final determination within 30 days of the end of the public comment period on the draft permit. 

The secretary shall notify, in writing, the applicant and each person that submitted written 

comments or requested notice of the final determination. The notice shall include reference to the 

procedures for contesting the final determination and requesting a hearing in accordance with 

article 74:09 within 30 days of receiving the secretary's final determination. If no person 

comments on a draft permit, requests changes, or contests the draft permit during the public • 

notice period, the draft permit automatically becomes the secretary's final determination and is 

issued at the end of the public notice period. 

Source: 33 SDR 43, effective September 18, 2006. 

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

Law Implemented: SDCL 34A-l-18. 

CHAPTER 74:36:10 

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 source review preconstruction permit required. 

Repealed. 

New source review preconstruction permit. 

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

Determining credit for emission offsets. 

Projected actual emissions. 

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

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

74:36:10:02. Defmitions. For the purposes of this chapter, the definitions for new source 

review are those in 40 C.F.R. § 51.165(a)(1) (JHly I, 2QQ3 July 1, 2009). 

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

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

197 
Source: 19 SDR 157, effective Apri122, 1993; 21 SDR 119, effective January 5, 1995; 30 

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

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-6. 

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

stationary sources or major modifications to existing major sources must obtain a preconstruction 

permit before beginning actual construction if they are located in the following areas: 

(1) An attainment or unclassified area if the source would cause or contribute to a 

violation of any national ambient air quality standard; or 

(2) An area designated nonattainment for any national ambient air quality standard if the 

source is major for the pollutant for which the area is designated nonattainment. 

Except as provided by a plant-wide applicability limit and a pollution control project 

exclusion, a proposed project is considered a major modification to an existing major source if 

the proposed project meets the criteria in 40 C.F.R. § 51.165(a)(2)(ii)(A) to (F), inclusive, (My 

1, 2003 July 1, 2009). 

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

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

Law Implemented: 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 of basis, public participation, 

and departmental recommendation, as outlined in§§ 74:36:05:08 to 74:36:05:20.01, inclusive. 

74:36:10:05. New source review preconstruction permit. A new source rev1ew 

preconstruction permit must satisfY the following criteria before beginning actual construction: 

(1) All requirements for new source performance standards in chapter 74:36:07 that apply 

to the facility; 

(2) Compliance with the lowest achievable emission rate (LAER); 

(3) Certification of compliance that all other major sources, major modifications, or 

reconstructed facilities that are owned, operated, or controlled by the applicant either in whole or 

in part elsewhere in the state are in compliance with all applicable emission limitations and 

standards; and 

(4) The total tonnage of increased emissions, in tons per year, resulting from a major 

modification that must be offset shall be determined by summing the difference between the 

allowable emissions after the modification and the actual emissions before the modification for 

each emissions unit. Emissions offsets are determined in accordance with§ 74:36:10:07. 

199 
The owner or operator may use a clean unit test as described in § 74:36:10:09 or 

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

major modification. 

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

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

(JtH.y 1, 2.003 July 1, 2009). 

The owner or operator may apply for a plant-wide applicability limit. The procedures for a 

plant-wide allowable limit are those in 40 C.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 of the responsibility to comply 

fully with applicable provisions of this article or the Clean Air Act and any other requirements 

under local, state, or federal law. 

Submission of preconstruction monitored or projected ambient air quality data, or both, 

from the proposed source must accompany the permit application. In addition, air quaiity 

dispersion modeling and meteorological data for the prescribed area may be required by the 

department. Costs of these requirements must be absorbed by the proposed source. 

200 

• 
• Source: 7 SDR 4, effective July 27, 1980; transferred from § 44:10:01:16, effective July 1, 

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

129, 13 SDR 141, effective July 1, 1987; 16 SDR 88, effective November 14, 1989; 17 SDR 170, 

effective May 13, 1991; transferred from§ 74:26:01:16, 19 SDR 157, effective 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 construct is 

• filed, except that the offset baseline is the actual emission of the unit from which offset credit is 

obtained if the demonstration of reasonable further progress and attainment of ambient air quality 

standards is based upon the actual emission of sources located within a designated nonattainment 

area; or ifthere is no applicable emission limit. 

• 

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

(1) All offsets must be for the same pollutant, result in a net positive air quality benefit in 

the affected area, and be approved by the department before issuance of the permit, even though 

they need not be in effect until the source commences operation; 

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 of the permit conditions • 

of the participating source or sources. At no time may the baseline be exceeded; 

(3) The permissible location of offsetting emissions shall be conducted in accordance with 

40 C.P.R., Part 51, Appendix S, section IV.D (July 1, 2003 July 1, 2009); 

(4) For an existing fuel combustion unit, credit shall be based on the emission limit for the 

type of fuel being burned at the time the application to construct is filed. If the existing source 

agrees to switch to a cleaner fuel at some future date, emission offset credits based on the 

allowable or actual emissions for the fuels involved may be allowed only if permit conditions 

specify an alternative control measure that would achieve the same degree of emission reduction • 

if the source switched back to the dirtier fuel at some later date; 

(5) Emission reductions achieved by shutting down an existing unit or curtailing 

production or operating hours below baseline levels may be credited if the reductions are 

permanent, quantifiable, federally enforceable, and the area has a federally-approved attainment 

plan. In addition, the shutdown or curtailed production must occur after August 7, 1977, or less 

than one year before the date of submitting the permit application, whichever is earlier. Emission 

reductions may be credited in the absence of a federally-approved attainment plan if the 

shutdown or curtailment occurred on or after the date the application is filed for a new unit or if 

the applicant can establish that the proposed new unit is a replacement for the shutdown or 

• 

202 
• curtailed unit, and the shutdown or curtailment occurred after August 7, 1977, or less than one 

year before the date of submitting the permit application, whichever is earlier; 

(6) Except as set forth in 40 C.P.R. § 51.165(a)(3)(ii)(D) (Jtlly 1, 2003 July l, 2009), 

emission offset credit may not be allowed for replacing one hydrocarbon compound with another 

of lesser reactivity; 

(7) Credit for emissions reduction may be claimed to the extent that the department has not 

relied on it in issuing a permit or in its demonstration of attainment or reasonable further 

progress; 

• (8) If the emissions limit allows greater emissions than the potential to emit of the unit, the 

emission offset credit is allowed only for the control below the potential to emit of the unit; 

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

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

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

offset; 

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

except as provided in 40 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 may not be used as offsets, 

• except as provided in 40 C.P.R.§ 51.165(e)(6)(iv) (Jaly 1, 2003 July l, 2009); and 

203 
(11) All emission reductions claimed as offset credit must be federally enforceable. 

Source: 7 SDR 4, effective July 27, 1980; transferred from §§ 44:10:01:15 and 

44:10:01:17, effective July 1, 1981; 8 SDR 71, effective December 21, 1981; 12 SDR 183, 

effective May 21, 1986; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 17 SDR 170, effective 

May 13, 1991; transferred from§§ 74:26:01:15,74:26:01:16.01, and 74:26:01:17, 19 SDR 157, 

effective April 22, 1993; 21 SDR 119, effective January 5, 1995; 30 SDR 26, effective 

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

General Authority: 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 the requirements 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 by the 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 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-6. 

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

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

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

§ 51.165(c)(1) to (c)(9), inclusive, (Jt!ly 1, 2003 July 1, 2009). 

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

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-6. 

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

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

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

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

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

in 40 C.F.R. § 51.165(d)(2) to (d)(ll), inclusive, (Jt!ly 1, 2003 July 1, 2009). 

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

General Authority: SDCL 34A-l-6. 

205 
Law Implemented: SDCL 34A-1-6. 

CHAPTER 74:36:11 

PERFORMANCE TESTING 

Section 

74:36:11:01 Stack performance testing or other testing methods. 

7 4:36: 11 :02 Secretary may require performance tests. 

74:36:11:03 Notice to department of performance test. 

74:36:11:04 Testing new fuels or raw materials. 

74:36:11:01. Stack performance testing or other testing methods. All stack 

performance tests or other test methods must be made in accordance with the applicable method 

specified in 40 C.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. 

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

Law Implemented: SDCL 34A-1-12. 

CHAPTER 74:36:12 

CONTROL OF VISIBLE EMISSIONS 

• 

Section 

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

74:36:12:02 Exceptions to restrictions. 

74:36:12:03 Exceptions granted to alfalfa palletizes or dehydrators. 

74:36:12:01. Restrictions on visible emissions. The owner or operator of a source may 

not discharge into the ambient air from a single unit of emissions an air pollutant of a density 

equal to or greater than that designated as 20 percent opacity, as established by the 

• 

207 
Environmental 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, effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective 

July 1, 1987; 17 SDR 170, effective May 13, 1991; transferred from§ 74:26:03:01, 19 SDR 157, 

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

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

209, effective June 13, 2006. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-6. 

74:36:12:03. Exceptions granted to alfalfa palletizes or dehydrators. The owner or 

operator of a facility that pelletizes or dehydrates alfalfa, or that does both, may discharge into 

the ambient air an air pollutant of a density no greater than 30 percent opacity, as established by 

the Environmental Protection Agency's Method 9 in 40 C.F.R. Part 60, Appendix A (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 January 2, 2005; 32 SDR 209, 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 

Secretary may require continuous emission monitoring systems (CEMS). 

Minimum performance specifications for all continuous emission monitoring 

systems . 

Reporting requirements. 

Notice to department of exceedance. 

Compliance determined by data from continuous emission monitor. 

Compliance certification. 

Credible evidence. 

Compliance assurance monitoring. 

74:36:13:02. Minimum performance specifications for all continuous emission 

monitoring systems. Minimum performance specifications for all continuous emission 

monitoring systems are those contained in 40 C.P.R. Part 60, Appendix Band 40 C.P.R.§ 60.13 

(Jtlly 1, 2005 July 1, 2009). 

209 
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. 

74:36:13:03. Reporting requirements. Owners or operators of those sources required to 

install continuous emission monitoring systems shall observe the reporting requirements 

contained in 40 C.P.R. § 60.7 (Jaly 1, 2005 July 1, 2009). All records must be made available to 

· the department on request. 

Source: 19 SDR 157, effective April22, 1993; 21 SDR 119, effective January 5, 1995; 26 

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

effective June 13, 2006. 

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

Law Implemented: SDCL 34A-1-12. 

74:36:13:04. Notice to department of exceedance. Any emissions that exceed the 

standards listed in 40 C.P.R. Part 60 (Jaly 1, 2005 July 1, 2009) or this article that are detected 

through continuous emission monitoring systems (CEMS) must be reported to the department 

within the time constraints as determined by the secretary in the permit to operate. 

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. 

General Authority: 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 of a plan. Credible evidence is as follows: 

(I) Information from the use of the following methods is presumptively credible evidence 

• of whether a violation has 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 in a federally enforceable operating permit; 

(b) Compliance methods specified in the applicable plan; and 

(2) The following testing, monitoring, or information gathering methods are presumptively 

credible testing, monitoring, or information-gathering methods; 

(a) Any federally enforceable monitoring or testing methods, including those in 40 

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

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

Law Implemented: SDCL 34A-1-12. 

212 

• 

• 

• 
• 

• 

• 

74:36:13:081 Compliance assurance monitoring. The owner or operator of a 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. 

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

Law Implemented: SDCL 34A-1-12. 

CHAPTER 74:36:16 

ACID RAIN PROGRAM 

Section 

74:36:16:01 . General provisions. 

74:36:16:02 Allowance system. 

74:36:16:03 Reserved. 

74:36:16:04 Continuous emission monitoring. 

74:36:16:05 Nitrogen oxides emission reduction . 

213 
74:36:16:01. 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 of this chapter, "administrator" means the secretary 

ef the department, except for those authorities which cannot be delegated to the state, in which 

case "administrator" means the administrator of the Environmental Protection Agency. 

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

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

effective June 13, 2006. 

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

Law Implemented: SDCL 34A-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 

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• 

• 
• 

• 

• 

74:36:16:04. Continuous emission monitoring. The continuous emission monitoring 

requirements for the acid rain program are those in 40 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, 

effective June 13, 2006. 

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

Law Implemented: SDCL 34A-1-18 . 

74:36:16:05. Nitrogen oxides emission reduction. The nitrogen oxides emission 

reduction requirements for the acid rain program are those in 40 C.P.R. §§ 76.1 to 76.16, 

inclusive, (July 1, 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, 

effective June 13, 2006. 

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

Law Implemented: SDCL 34A-1-18 . 

215 
CHAPTER 74:36:18 

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. 

Pennit required. 

Time period for pennits and renewals. 

Required contents of a complete application for a pennit. 

Contents of pennit. 

Pennit expiration. 

Renewal of pennit. 

Reasonably available control technology required. 

Visible emissions limit for construction and continuous operation activities. 

Exception to visible emission limit. 

Notice of operating noncompliance -- Contents. 

74:36:18:10. Visible emission limit for construction and continuous operation 

activities. The owner or operator of a state facility or state contractor may not discharge into the 

• 

• 

ambient air from a fugitive source an air pollutant of a density equal to or greater than that • 

216 
• designated as 20 percent opacity for a series of two minute averages with a minimum of a total of 

six minutes of readings. The Teflliessee Visual Emissions MetRed 1, as approved ay EPA in 4 Q 

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

CHAPTER 74:36:19 

• MERCURY BUDGET TRADING PROGRAM 

(Repealed) 

8eotien 

74:36:19:01 General previsions. 

74:36:19:02 Designated representative. 

74:36:19:03 Permits. 

74:36:19:04 z"ttlnual alleoatien sf mercury allewaHoes. 

• 74:36:19:05 Submitting mercury allowance alleoatiens te the administrator. 

217 
74:39:19:09 Base1ise heat 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 ofmeroory allov;anees from sew HHit set aside accoHHt. 

74:39:19:10 Meroory reE!Hctios accoHHt. 

74:39:19:11 AllocatioH ofmeroory allowanees from meroory reE!HctioH accoHHt. 

74:39:19:12 A~proval of meroory allov;ances from sew ooit set aside accoHHt ana meroory 

redHctioH accoHHt. 

74:39:19:13 Allowance traokisg systeFH. 

74:39:19:14 Allowance transfer. 

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 

• 

• 

• 
• 

• 

• 

R 4 3 effeetJve . Se fl teHrer, b 18 2009 . 

:3 PerHHts. . The followmg peffll: 7,,,.,,.,0 . . 2005). . it flFOYlSlORS . . e ar iReorpora t e El by refereRe e· '40 

0 412 4 iRe1uswe . €lt:lly 1, 

• """'" ......... . 2304 ......... , "''"''.'" . ' . . 010 '"''""" 2017" ' 

. allewaaees . The armua 1 al1oeatioRs of . R ef merea~ rear aREl for 

mereury allowBJ'lees for the eoRtro 1 penoEl lR 2 

201 8 afi:G thereafter' lS . 928 OUROeS pe r >.·ear y . 

DR 4 3 effeetl're . S ep tOHrer, b 18 2009. 

Ceaer al h +~tlJ:erlt) . 

Law Implemented: SD CL 34A . 1 18. 

74::39:19:05. Salnaittillg mereary alleeatieas te the admi&istrater. The 

allewaaee rElaRee with 

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

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 eoatrol period 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:lllit that has establisheEi a baseliae 

heat inj31:lt in aeeordanee vlith § 74:36:19:06. If there 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 by the ratio of the baseline heat iapl:lt ef the e~<istiag 1:lllit to the total amol:li'lt 

• 

220 
• 

• 

• 

ef baseliae heat mplf . ·4 ef aU sl:leh eKistiag l:1iltts . aa d Fel:lH:diag te st ·'"hele allev;aaee as the aeare "' 

appFepriate. 

SaaFee: 33 SDR ' 43 ' effeetive SeptembeF 18, 2006. 

h "ty- SDvn r"'T 3 9n A A 1 6 3 4A 1 1 g. CeHeFal Aut an . ' 

Law ImplemeH t e d· • SDGL 34A 1 18. 

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

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 

peno . d m . 20 15 aad theFeafteF. 

33 SDR 43 effeetive SepteHr~ l3 F 18 ' 2006. 

CeHeFal Aathan~ . 

Law lmplemeHted. • SDGL 34A 1 18. 

. llawaHees fF9RI• He~" \IHI "t set aside aeeauHt. 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 

M_, es ftem the aew 1:1H:lt set ast . . t ia aeeeFdanee 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 6 . · }' gible rOF fFl 'J 

""t'th A em l:IHlt IS EH llO''"aH:SeS s 74:36:19:0 . n B " 't t's alleeated ffieF6l:1fY 8? " n s . d foF "4il6H . h *h ttte aew l:lH:l~ 

aeeel:lH: t """' tbo fi<ot _, ,..,,_ • tati"e ef a ae ••. vr ·-Bit m moy ""''"" • '"'""~ 1:1a-eF d s s 74 · ·36:19:07. The meFel:lf)'estga d . ated FepFesea ' 

221 
to 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 mereary allewanee traBsfer request mast be 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 of meroory emissioBs fer the eeBtrol periea iB whieh the mereuty 

allewanees are requested. If the 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 by maltiplyiBg the total ameaBt of mereary allewanees by the ratio 

of the total el:lflees of mereary emissieBs duriBg the eeBtrel peri eEl from eaeh request to the total 

oooees of mereu.Ty emissioB of all saeh requests ana rel:lfl:EiiBg to the Bearest VI-hole allowaBee as • 

appropriate. Any l:lflalleeatea mereary allewanees remaiBiBg iB the Hew ooit set asiae aeeeHBt fer 

the eeBtrel periea shall be banked fer fu.fure ase. 

SauFee: 33 SDR 43, effeetive September lS, 2008. 

Ce~~enl Autharity: SDCL 3 4A 1 8, 3 4A 1 1 S. 

Law Implemeated: SDCL 34A 1 1g. 

74:38:19:10. MenuFy Feduetiaa aeeauat. Fer eaeh eoBtrel periea iB 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 
• 

• 

• 

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

peno . El m . 2015 ana thereafter. 

Seuree: ' 33 8DR 43 effeetPreep . g tem:Ber 18, 2006. 

Ceueral Aut h en 'ty· . 8DCL 34A 1 6, 34A 1 18. 

Law liBJJiemeB t e . d·8DCL 34A 1 18. 

" II atieB ef mere } . Hem ,.,,.,,.,u. _,,._ .. Hlo to '" "'",;og""" "'--

eroory reEluetioH aeeol:ffit are arai a 

ur . allewaueesrem f mereu11 . reduetieu aeeeuut. 

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 

fr . f HHit or Hew HHit a 

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 of the eoHtrol peno IH 

- .......... _. .. _... h .............. - .. _ 

. . •rh" eh best meroory eofb trois has .. eeH . . 

- tho ..-ul •""o8 "' '" 4> . I Ml" ""' oo-1 "'"''" m 

t be s'libmitteEl OH or before Fe 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..,., by tho""" 

a, ai . b . mHltiplyiHg the tota ~FROl:i:flt aJ of mere~*; e~listiRg 'liflit ana/or HeW Hfllt; t" of eoHtrol effieieHeies of aJl SHell 

of the meroor; . eoH Arol effieieeey for a reEf'liest toe th SHffiffiatOH 

223 
. o the Hearest whole allowaHse as appropnate. . >) '\:H • HHallosatea HH*Sffi)' • 

reEfHests aHa rOOflaiHg t 1 erioa shaH be banked for 

aHowaHses remaiHmg . . . m the mersm=y redtistlofl . as sotiffi for the sofltro P 

futt-a'e tiSO. 

SaaFee: 33 SDR ' 43 ' effestive Septeffil:Jer 18,2006. 

CeBeFa I uH A thaFif3': SDCL 34A 1 6, 34A 1 18. 

Law ImplemeBted. . SDCL 34A 1 18. 

I f meFeaFy allawaBees fFa m Hew aBit set aside aeeaaBt aBd 

d ti 8 aeeaaB t · The aepartmeflt wl 

meFeaFy Fe ae a fer meremy allowailses to 

. a 660tifl t an a merem=y redtietioH . asso HHt Bila traHs 

!he .... -"' "" ~ h t el ...... - "' 

the Hleretlry r allomaaee " traekffig system eomphans . e aseotiflt for ea<r soB r 

Stieh re<Jtiests as follov;s: 

(1) The aepartmeflt Will assep , t the 

. a b , the aepaFtmeflt as ReSeSSa.FJ to moe ' 

. t aH al1owaiiee al1oeatiOfl rO<JHOSt «Jre f< th fl enr n HHit set asiae 

aesoHHt Ofl 1 ) , . f 1 the feEftleSt meets, or is adJHste ) 

reEfffifemeJJ:tS Of§ 74:36:19:09; c the me£6\'lt=u reaHetiOfl 

( . e t all aUowaase a11osa tIOfl . re«l%est '1 .or .. • J 2) The departmeflt VIlli aSS4'J , t the 

aeeotiflt Ofl 1 Y , . f 1 the fO<JtieSt meets, Of lSJ . aa·Hstea by the aepartmeH t as Reeessa.FJ to me~' 

...,..;re.-. ef §74 '"' !9' 11; . "''''"''""' ...,..,.., " 

a Ftm flt nriH aetermiRe GO h Stim of the merStifY " 

• 

(3) Theepar ~r .r tr 1 period aiia traRsfef 

adjusted ifl aseoraaiiee ,..·th nl §§ 74:36:19:09 Bile: 74 36·19·11 · · ' for the soH o • 

224 
• 

• 

• 

., s to the at"J'lFO)'lna e 

the merol:H)' allovaaoe 11 ""anees are allooatea; asa 

. 4 meroary allowafloe traokiag system ool'R)'llianoe 

··4. · 03: the mereary a- 0 " "1 fthe year for y, 16 1.. "tt a aH . ffi bv Ootober 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 . ,_ '-""""' --"" 

ffieFOl:lfj' Aesianatea tt tr• represeatatlves . mere l:l fj , al1owasoe traonHg s 

the ooatro1 peno . a 60' ' •erea by the reEJ:UeSt 

SauFee: 33 SDR ' 43 ' effective September 18, 2009. 

C eaeFal Aut k an =ty· . SDCL 34/, 1 e, 34A 1 18. 

Lwlt I~lemeated: SDCL 34" "· 1 18. 

t The followiag allO'l/Bfl€6 tra6E:lHg 1 · s~zstem J " , e ff'aekiag sys em. . . 1 . 1 

74·3(d9:1.3. All911aBe 6Q 4157 iaol~:~swe €}try, 

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

SaaFee: 3 3 SDR 4 3 ' effeotiYe S eptera ber 18 ' 2009. 

CeaeFal Aat k an "ty· · SDCL 34A 1 e, 34A 1 18. 

Law I~lemea t e d· . SDCL 34A 1 18. 

,. ... aee tFaasfeFS.e 

14 :30:19:14. 'Jlo "

8 

02 

"'""'""' (Joly 1, 2005). 

R §§ 90.4190 to 90.41 , 

Th followiag allowanoe + t an =s"'er :1:< .t' <>rovisioas are 

me·...- . o=oratea by refereaee: 40 C.F.,. 

SaaFee. . 33 SDR 43, effeotlYeep . S tember 18, 2009 . 

225 
Ce&eFal Aatharity: 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. 

CeaeFal A.utllaFity: 8DCL 34A 1 9, 34A 1 18. 

LW~v IIHfllemeated: 8DCL 34A 1 18. 

CHAPTER 74:36:20 

/ / / 

CONSTRUCTION PERMTIS FOR NEW SOURCES OR MODIFICATIONS 

74:36:20:01 Applicability. 

74:36:20:02 Construction permit required. 

74:36:20:03 Construction permit exemption. 

74:36:20:04 Emission unit exemptions. 

74:36:20:05 Standard for issuance of construction permit. 

74:36:20:06 Timely and complete application for a construction permit required. 

74:36:20:07 Required contents of complete application for a construction permit. 

74:36:20:08 Applicant required to supplement or correct application. 

226 

• 

• 
• 

• 

• 

74:36:20:09 Permit application-~ Completeness review. 

74:36:20:10 Time period for department's recommendation. 

74:36:20:11 Public participation in permitting process. 

74:36:20:12 Public review of department's draft permit. 

74:36:20:13 Final permit decision-- Notice to interested persons. 

74:36:20:14 Right to petition for contested case hearing. 

74:36:20:15 Contents of construction permit. 

74:36:20:16 Administrative permit amendment. 

74:36:20:17 Procedures for administrative permit amendments. 

74:36:20:18 Reopening construction permit for cause. 

74:36:20:19 Procedures to reopen construction permit . 

74:36:20:20 Construction permit does not exempt from other requirements. 

74:36:20:21 Expiration of a construction permit. 

74:36:20:22 Notice of constructing or operating noncompliance-- Contents. 

74:36:20:23 Petition for contested case on alleged violation. 

74:36:20:24 Circumvention of emissions not allowed. 

74:36:20:01. Applicability. The requirements of this chapter apply to the construction of 

all new sources or modifications to existing sources. 

Source: 

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

Law Implemented: SDCL 34A-1-21. 

227 
74:36:20:02. Construction permit required. A person may not construct, install, modify, 

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

a construction permit has been issued by the board or the 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 construction permit: 

• 

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

74:36:09; 

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

74:36:10; 

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

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

Source: 

General Authority: SDCL 34A-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 or 74:36:08: 

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

that combust municipal or household waste; 

(2) A mobile internal combustion engme, including those m autos, trucks, tractors, 

airplanes, locomotives, and boats; 

(3) Laboratory equipment used exclusively for chemical or physical analysis; 

(4) A unit that has a heat input capability of not more than 3,500,000 Btus per hour, except 

• for units fueled with wood or coal; 

(5) An air conditioning or ventilating system not designed to remove air pollutants from 

equipment; 

(6) Routine housekeeping or plant upkeep activities such as painting buildings, retarring 

roofs, or paving parking lots; 

(7) A unit that has the potential to emit two tons or less per year of any criteria pollutant 

before the application of control equipment. 

~ 

However, the criteria pollutant emissions from the 

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 of construction permit. A construction permit for a 

new source or modification to an existing source may be issued only if it has been shown that the 

operation of the new source or modification to an existing source will not prevent or interfere 

with the attainment or maintenance of an applicable national ambient air quality standard. 

Compliance with this requirement as determined by air pollution dispersion modeling 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). Each new source or modification to an t.v 7k, 

existing source must comply with emission limits and other requirements of the 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 justified under SDCL 34A-1-19. 

Source: 

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

Law Implemented: SDCL 34A-l-21. 

• 

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 of commencing construction of the new source or modification to an 

existing source. An application is complete if it meets the reguirements in§ 74:36:20:07. 

Source: 

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

Law Implemented: SDCL 34A-l-21. 

74:36:20:07. Required contents of complete 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 company information: 

(a) The company name and address or the plant name and address if different from the 

company name; 

(b) The owner's name and agent, and 

(c) The plant site manager or contact; 

(2) A description of the plant and its processes and products; 

(3) The following information on emissions: 

(a) Identification and description of all emission units; 

(b) Fuels, fuel use, raw materials, and production rates; 

• (c) Identification and description of air pollution control eguipment; 

231 
~~ (d) Limitations on source operation affecting emissions or any work practice standards, :;.(, • 

"l)ef"e applicable, for all regulated air pollutants; 

(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 of any prepared plans and the specifications of any equipment or 

Jollution control devices· 

(5) A signed and notarized certification of applicant form; 

(6) The results of any air dispersion modeling required by the department; 

compliance with the act or the Clean Air Act. • 

The application must be signed by the responsible official or designated representative. 

Source: 

General Authority: SDCL 34A-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. If the applicant 

is aware that the application is incomplete or that any relevant facts or information contained in 

an application are incorrect. the applicant shall submit the supplementary facts or corrected 

information. The applicant shall provide additional information as necessary to address • 

232 
• requirements that become applicable after the application is filed but priovtO the release of the {< 

/1~ draft permit. 

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 of each permit application received, as follows: 

(1) Within 30 days after submission of an application for a construction permit, the 

department shall notify the applicant in writing whether or not the application is complete or 

• incomplete. If the department does not notify the applicant that the application is incomplete 

within 30 days after receipt of the application, the application is considered complete. The 

department may at any time during the processing of the application request, m writing, 

additional information necessary to evaluate or take final action on the application; 

(2) If the application is incomplete or additional information is necessary to evaluate the 

application, the department shall identify the items required to complete the application. The 

applicant has 20 working days after receipt of an incomplete notification or request for additional 

information to submit the information, unless an extension beyond the 20 working days is 

approved by the department; and 

• 

233 
(3) The department shall determine the adequacy of the applicant's response to each • 

incomplete item within 15 days after receipt of the response and shall notify the applicant in 

writing if the application is or is not complete. 

Source: 

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 of a construction permit within 180 days after the submission of a 

complete application and all other additional information necessary for the department to make 

an informed decision. A recommendation to issue a permit shall include a draft permit with • 

appropriate conditions to ~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 of the application without waiting for a department recommendation. The petition 

must conform to the requirements of article 74:09. 

Source: 

General Authority: 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 of the draft permit to the applicant. The department shall publish a public notice of the draft 

permit once in a legal newspaper in the county where the source is located. The notice must 

include a brief statement describing the source and where it is located; the department's 

recommendation and the reasons for it; the activity or activities involved in the permit action; a 

statement that a person may submit comments or contest the draft permit within 30 days after the 

publication of the notice; d~~~e1ures a person must follow to contest the draft permit *'-

and request a hearing in accordance with article 74:09; and a statement describing where copies 

of the draft permit or other information may be obtained. The department shall provide to the 

interested parties a 30-day notice of any hearing to contest a draft permit. 

Source: 

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 of this article or the 

requirements of the Clean Air Act. 

235 
Source: 

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

Law Implemented: SDCL 34A-l-21 

74:36:20:13. Final permit decision -- Notice to interested persons. The department 

shall make its final permit decision within 30 days of the end of the public comment period on a 

draft permit. The department shall notify, in writing, the applicant and each person that submitted 

written comments or requested notice of the final permit decision. The notice shall include 

reference to the procedures for contesting the final permit decision and requesting a hearing in 

accordance with article 74:09. For the purpose of this section, the final permit decision means 

proposing a permit or denying a permit. 

that submitted written comments or requested notification of the final permit decision except 

under the following conditions: 

(1) A later effective date is specified in the final permit decision; 

(2) A contested case hearing is requested; or 

(3) No comments or request for changes in the draft permit were received during the 

public notice period on the draft permit. In this case, the draft permit automatically becomes the 

• 

• 

final ermit decision and the final ermit is issued at the end of the 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 if the person has 

an interest affected by the department's draft permit. Such petitions must comply with the 

provisions of article 74:09 and be received by the department within 30 days after publication of 

the notice required by§ 74:36:20:11. 

The applicant or an interested person that comments on the draft permit may petition the 

• board for and obtain a contested case hearing to dispute the department's final permit decision. 

Such petitions must comply with the provisions of article 74:09 and be received by the 

department within 30 days after receiving the department's final permit decision. 

If the draft permit or the final permit decision is contested, the department shall present the 

draft permit or final permit decision to the board for action in accordance with article 74:09. 

Source: 

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 . 

• 

237 
74:36:20:15. Contents of construction permit. A construction permit shall include the • 

following: 

(1) The signature of either the secretary or the chairman; 

(2) The name of the person, company, political subdivision, agency, or institution granted 

a permit; 

(3) The type of operation; 

(4) The facility and mailing address; 

(5) The date the construction permit was granted; 

(6) A number for administrative reference; 

(7) The timeline for submitting a timely and complete application for a minor source 

operating permit or Part 70 source operating permit; 

(8) A statement granting a construction permit by the board or secretary and any • 

conditions that the board or secretary may impose to ensure compliance with the act and\ 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 of the act 

I 

and1Clean Air Act; 

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

compliance with the construction permit; 

(11) A severability clause to ensure the continued validity of the various permit 

requirements if any portions of the permit are challenged; and 

(12) Provisions stating the following: 

• 

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 

exclusive privilege; and 

(c) The permittee shall provide any information, including records, requested in writing 

by the department to determine compliance. 

Source: 

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

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 of the change 

and documentation supporting the applicant's claim the revision qualifies as an administrative 

permit amendment. ~JSource: 

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 .if an administrative • 

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

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

procedural requirements applicable to obtaining a construction permit. 

Source: 

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

Law Implemented: SDCL 34A-1-21 

74:36:20:18. Reopening construction permit for cause. The department may reopen a 

construction permit for further review if the department determines that the permit contains a 

material mistake in establishing the emissions standards or limits or other requirements of the 

construction permit or the department determines that the construction permit must be revised to 

~ompliance with the applicable requirements of this 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\r the 

source at least 30 days before reopening a construction permit. The department may reopen a 

permit in a shorter time in an emergency. The procedures to reopen a construction permit shall 

240 

• 

• 
• follow the procedural requirements to issue a construction permit and shall affect only those parts 

of the permit for which cause to reopen exist"' 

Source: 

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

Law Implemented: SDCL 34A-1-21 

74:36:20:20. Construction permit does not exempt from other requirements. The 

issuance of a construction permit for a new source or modification to an existing source does not 

exempt the new source or modification to an existing source from obtaining the applicable 

• 

operating permit pursuant to § 74:36:04 or § 74:36:05 aJ¥} to 

, \ 

emission limitations or requiremenf of the Clean Air Act o r 

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 if the 

construction of the new source or modification to an existing source has not commenced within 

18 months after the effective date of the construction permit, if construction is discontinued for a 

period of 18 months or more, or if construction is not completed within ten years of the effective 

date. If a construction t ~licanlSauthorit to commence ;;\'( 

• construction or com lete construction of the new source or modification 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 of constructing or operating noncompliance-- Contents. If the 

department determines that the construction or operation of a source is not in compliance with 

this article, the Clean Air Act, or permit conditions, the department may issue a notice of such a 

finding to the permit holder or operator of the source. The notice must contain citations to the 

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

is based. The secretary, with the concurrence of the alleged violator, may settle an issue of 

noncompliance by entering into a compliance agreement with the source that specifies the date • 

for final compliance of the source and any penalties under SDCL 34A-l-39. If a compliance 

etition the chairman of the board for a -f\ 

contested case hearing or may 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 

permit be suspended or revoked for noncompliance. 

Source: 

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-1-47, 34A-1-49. 

74:36:20:24. Circumvention of emissions not allowed. A person may not install or cause 

the installation or use of a device or a m~ ch conceals or dilutes an emission of air 

1.;(<. 

pollutants that would otherwise violate this article or the Clean Air Act. 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, or equivalent opening from which they were designed to be emitted. 

Source: 

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-1-18 . 

• 

243 
• 

• 

MEMO TO: 

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 of the Board of Minerals 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 of South Dakota (ARSD) 74:36. Those documents are as follows: 

1) A copy of the statement of basis. The statement of basis is a narrative review of the 

proposed changes to ARSD 74:36. 

2) A copy of the Legislative Research Council's letter noting it has reviewed the proposed 

rules for legality . 

3) A copy of the proposed changes to ARSD 74:36. The language underscored and colored 

in blue represent additions. The language strikethrough and colored in red represent 

deletions. 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- Ambient Air Quality and 74:36:03- Air Quality Episodes ....... 3 

4.0 Chapter 74:36:04- Operating Permits for Minor Sources ........................................... 3 

5.0 Chapter 74:36:05- Operating Permits for Part 70 Sources .......................................... 4 

6.0 Chapter 74:36:07- New Source Performance Standards ............................................. 5 

7.0 Chapter 74:36:08- National Emission Standards for Hazardous Air Pollutants ....... 5 

8.0 Chapter 74:36:09- Prevention of Significant Deterioration ......................................... 6 

9.0 Chapter 74:36:10- New Source Review .......................................................................... 7 

10.0 Chapter 74:36:11- Performance Testing ........................................................................ 7 

• 11.0 Chapter 74:36:12- Control of Visible Emissions ........................................................... 7 

12.0 Chapter 74:36:13- Continuous Emission Monitoring Systems .................................... 7 

13.0 Chapter 74:36:16- Acid Rain Program .......................................................................... 7 

14.0 Chapter 74:36:18- Regulations for State Facilities in the Rapid City Area ............... 7 

15.0 Chapter 74:36:19- Mercury Budget Trading Program ................................................ 7 

16.0 Chapter 74:36:20- Construction Permits for New Sources or Modifications ............ 8 

17.0 Response to Initial Comments .......................................................................................... 8 

Appendix A Proposed Amendments to ARSD 74:36- Air Pollution Control Program 

• 
• 

• 

• 

1.0 Background 

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

Resources (DENR) implements federal air quality programs to maintain the air quality in South 

Dakota in attainment with the federal National Ambient Air Quality Standards and meet other 

requirements under the federal Clean Air Act. There are several methods in which the U.S. 

Environmental Protection Agency (EPA) gives states approval to implement federal air quality 

programs. The more traditional method is for states to adopt rules and submit the state rules to 

EPA for implementation into what is called a state implementation plan (SIP). For this process, 

EPA reviews the state's rules to determine if the rules are equivalent to the federal regulations 

and if the state's rules are equivalent, EPA approves the state's rules through a federal register 

notice. The following sections and chapters in the Administrative Rules of South Dakota 

(ARSD) are part of South Dakota's SIP: 

• 

• 

• 

• 

• 

• 

• 

• 

• 

• 

• 

• 

• 

• 

• 

Chapter 74:36:01 -Definitions; 

Chapter 74:36:02- Ambient air quality; 

Chapter 74:36:03- Air quality episodes; 

Chapter 74:36:04- Operating permits for minor sources, except section 74:36:04:03.01; 

Chapter 74:36:06- Regulated air pollutant emissions; 

Section 74:36:07:08- Ash disposal requirements; 

Section 74:36:07:29- Operating requirements for wire reclamation furnaces; 

Section 74:36:07:30- Monitoring requirements for wire reclamation furnaces; 

Chapter 74:36:09- Prevention of Significant Deterioration program; 

Chapter 74:36:10- New source review; 

Chapter 74:36:11- Performance testing; 

Chapter 74:36:12- Control of visible emissions; 

Chapter 74:36:13- 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 in the Rapid City area . 

Section 74:36:04:03.01 allows DENR to issue a variance to a minor source that is unable to meet 

a state emission limit. The variance allows the minor source to operate even though the state 

emission limit is being exceeded while the minor source makes changes to bring the operations 

back into compliance with the state emission limit. This section is not included in South 

Dakota's SIP because EPA will not approve variances in a SIP. 

Section 74:36:07:08 was implemented to ensure ash generated from municipal waste combustors 

are disposed of in accordance with article 74:27- Solid Waste. There is no corresponding 

federal New Source Performance Standard. Therefore, DENR included this section in South 

Dakota's SIP. 

Sections 74:36:07:29 and 74:36:07:30 was implemented to establish the operating and 

monitoring requirements for wire reclamation furnaces to minimize air emissions from these 

operations. There are no federal regulations under the New Source Performance Standards that 
• 

• 

• 

are applicable to wire reclamation furnaces. Therefore, DENR included these sections in South 

Dakota's SIP. 

Section 74:36:13:08 was implemented as part ofDENR's Title V air quality permit program and 

establishes the requirements for "Compliance Assurance Monitoring." This section is a part of 

DENR's approved Title V air quality operating permit program. 

A second method for administrating a federal air quality program is to request delegation of the 

program. The first step in requesting delegations is to adopt state rules that are equivalent to the 

federal regulations. The easiest method DENR has found to achieve this goal is to adopt the 

federal regulations by reference. The federal regulations delegated to DENR are located in the 

following chapters in ARSD: 

• Chapter 74:36:07- New Source Performance Standards, except for section 74:36:07:08, 

74:36:07:29, and 74:36:07:30; 

• Chapter 74:36:08 -Maximum Achievable Control Technology Standards; and 

• Chapter 74:36:16- Acid Rain program. 

A third method for administrating a federal air quality program is to have the particular program 

approved. EPA established this method for the Title V air quality operating permit program. Just 

like the first two methods, the state must adopt rules equivalent to the federal program and 

submit the rules to EPA for approval. DENR developed an approved Title V air quality operating 

permit program, which is located in Chapter 74:36:05 and section 74:36:13:08. 

DENR is obligated by an agreement with EPA to adopt new federal regulations periodically to 

ensure the state's rules are equivalent to EPA's regulations. EPA has passed several new 

regulations and revised existing regulations that affect South Dakota since DENR last revised 

ARSD 74:36 in June 2007. As part of the proposed revisions, DENR will update article 74:36 to 

reflect new federal changes and make minor changes necessary to ensure the rules are equivalent 

to the federal regulations. 

Before DENR adopted its Title V air quality operating permit program, sources were required to 

obtain a construction permit before a new source could construct and an existing source could 

modify its operations. In an effort to streamline the process DENR combined its construction 

permit program with the Title V air quality operating permit program and with DENR's minor 

operating permit program. This worked well for many years by allowing DENR to issue air 

quality permits to new sources and existing sources in a timely manner. However, in recent years 

DENR has discovered that sources may be hampered by this process because a Title V air quality 

operating permit requires an EPA 45-day review period and the possibility that EPA or some 

other group may object to the issuance of the permit even though the permit meets all of South 

Dakota's requirements in the SIP, New Source Performance Standards, Maximum Achievable 

Control Technology Standards, etc. In addition, EPA recently indicated they have legal concerns 

with South Dakota's combined construction and Title V air quality operating permit. Therefore, 

DENR is separating its construction permit from both the minor air quality operating permit and 

Title V air quality operating permit program. 

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The proposed revisions to South Dakota's Air Pollution Control Program may be viewed in 

Appendix A. 

2.0 Chapter 74:36:01- Definitions 

Periodically chapter 74:36:01 is reviewed to ensure all definitions are up-to-date and consistent 

with the other chapters in the Air Quality Program. DENR is proposing to revise this chapter to 

incorporate the following: 

1. Minor changes to this chapter are proposed such as deleting "Fixed capital cost," 

"Municipal-type solid waste" "Title II" "Title III" "Title VII" "Title VIII ""Title IX " ' ' ' ' ' ' 

"Title X," "Title XI," and "Unit," which are not being used in Article 74:36, correcting 

grammatical errors, and revising definition to specify if the word or phrase pertains to 

operating permits, construction permits, or both; 

2. The federal regulations have updated the definition for volatile organic compounds by 

adding additional compounds to the list of compounds that are not considered a volatile 

organic compound. In the past, DENR defined volatile organic compounds by listing 

those compounds EPA determined did not participate in atmospheric photochemical 

reactions. DENR defined volatile organic compounds so the reader could easily 

determine what compounds were not volatile organic compounds. Today, this definition 

is readily available on EPA's website and listing each compound is unnecessary . 

Therefore, this definition is being revised to reference the federal regulation; 

3. Several of the definitions reference a specific year of the federal regulations. These 

definitions are being revised to reflect the most current version of the federal reference; 

and 

4. Two new phrases are being defined in this chapter associated with the addition of a 

construction permit program. The proposed definitions will define what constitutes a 

"construction permit" and "commenced construction." 

3.0 Chapters 74:36:02- Ambient Air Quality and 74:36:03- Air Quality Episodes 

This chapter reference a specific year of the federal regulations. These references are being 

revised to reflect the most current version of the federal reference. 

4.0 Chapter 74:36:04- Operating Permits for Minor Sources 

DENR is proposing to revise this chapter to incorporate the following: 

1. This chapter requires a permit to allow a minor source to construct and operate. The 

permit covered both the construction and operation of the source. DENR is proposing a 

construction permit program. Therefore, this chapter needs only to cover the operation of 

the source. The chapter is being revised to remove the references that a permit be 

obtained prior to construction or modification of an existing source. A new source or 

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5.0 

source that is modifYing its operations will be required to submit a permit application for 

an operating permit within 12-months after commencing operation; · 

2. DENR answers several questions a year involving the exemptions for the operating 

permits for minor sources. The exemptions in ARSD 74:36:04:03 is being separated into 

two proposed separate sections. The first section identifies the criteria for a business as a 

whole to meet before an operating permit is required. The second section identifies the 

emission units that are not required to be included in a minor permit; 

3. The types of exempt emission units are being revised. The subsections for each type of 

emission unit was compared to the insignificant activities associated with the Title V air 

quality operating permit program and adjusted so they were equivalent; 

4. One of the exemptions for an emission unit involves burning waste oil meeting the 

requirements of ARSD 74:28:27:01. This exemption does not distinguish between the 

size of equipment or the amount of air emissions generated. This exemption could be 

construed not to require a permit for a boiler at a power plant. This section is being 

revised to delete this automatic exemption. The intention of this section was to exempt 

small businesses that burn waste oil for heat recovery. These types of small businesses 

would still meet one of the other noted exemptions; 

5. There are certain sections in this chapter that reference a specific year of the federal 

regulations. These references are being revised to reflect the most current version of the 

federal reference; and 

6. Section 74:36:04:11 is being repealed since the main portion of this section is already 

stated in section 74:36:04:10 . 

Chapter 74:36:05- Operating Permits for Part 70 Sources 

DENR is proposing to revise this chapter to incorporate the following: 

1. This chapter references a specific year of the federal regulations. These references are 

being revised to reflect the most current version of the federal reference; 

2. Section 74:36:05:03.01 identifies that sources required to obtain a PSD or NSR 

preconstruction permit in chapter 74:36:09 and 74:36: 10, respectively, are required to 

apply for a Part 70 operating permit within 12-months after commencing operation. 

DENR is repealing this section since it is being specified in section 74:36:05:08- Timely 

and complete application for operating permit required; 

3. EPA has promulgated several federal regulations that are applicable to small sources of 

emissions such as emergency generators, gasoline stations, etc. These standards were 

promulgated under Sections 111 or 112 of the Clean Air Act. South Dakota had the 

option to require a Part 70 permit for any or all of those sources applicable to a standard 

promulgated under Ill or 112 of the Clean Air Act. In general, these regulations have 

basic recordkeeping and reporting requirements, are manufacturer based regulations, or 

do not have requirements for specific operations. The chapter is being revised to exempt 

these small sources applicable to these regulations from obtain a Part 70 permit; 

4. This chapter requires a permit to allow a major source to construct and operate. The 

permit covered both the construction and operation of the source. DENR is proposing a 

construction permit program. Therefore, this chapter needs only to cover the operation of 

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6.0 

the source. The chapter is being revised to remove the references that a permit be 

obtained prior to construction or modification of an existing source; and 

5. This permit program contains an EPA review period, where EPA may object to the permit 

proposed by DENR. ARSD 74:36:05:21.01 requires DENR to treat EPA's objection, 

including typographical changes, to the permit as a permit modification. The permit 

program establishes three procedural methods to be used to revise the permit. This 

section is being revised to allow all three procedural methods, as applicable. 

Chapter 74:36:07- New Source Performance Standards 

DENR is proposing to revise this chapter to incorporate the following: 

7.0 

1. This chapter references a specific year of the federal regulations. These references are 

being revised to reflect the most current version of the federal reference; and 

2. EPA has passed several new regulations that affect South Dakota since DENR last 

revised ARSD 74:36 in June 2007. The chapter will be revised to include the following 

three standards that may be applicable to existing or new sources in South Dakota; 

a. ARSD 74:36:07:22.01 -Standards of performance for equipment leaks ofVOC in the 

synthetic organic chemicals manufacturing industry for which construction, 

reconstruction, or modification commenced after November 7, 2006; 

b. ARSD 74:36:07:46.01- Standards of performance for petroleum refineries for which 

construction, reconstruction, or modification commenced after May 14, 2007 . 

c. ARSD 74:36:07:76.01 -Standards of performance for equipment leaks ofVOC in 

petroleum refineries; and 

d. ARSD 74:36:07:90- Standards of performance for stationary spark ignition internal 

combustion turbines. 

Chapter 74:36:08- National Emission Standards for Hazardous Air Pollutants 

DENR is proposing to revise this chapter to incorporate the following: 

1. This chapter references a specific year of the federal regulations. These references are 

being revised to reflect the most current version of the federal reference; and 

2. EPA has passed several new regulations or have existing regulations that now do or may 

affect South Dakota since DENR last revised ARSD 74:36 in June 2007. The chapter 

will be revised to include the following standards 

a. ARSD 74:36:08:02.02- Emission standards for benzene emissions from benzene 

storage vessels; 

b. ARSD 74:36:08:02.03 -Emission standards for benzene emissions from benzene 

transfer operations; 

c. ARSD 74:36:08:02.04- Emission standards for benzene waste operations; 

d. ARSD 74:36:08:103- National emission standards for hospital ethylene oxide 

sterilizers; 

e. ARSD 74:36:08:104- National emission standards for electric arc furnace 

steelmaking facility area sources; 

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f. 

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 distribution bulk 

terminals, bulk plants, and pipeline facilities; 

ARSD 74:36:08:107- National emission standards for gasoline dispensing facilities; 

ARSD 74:36:08:108 -National emission standards for paint stripping and 

miscellaneous surface coating area sources; 

ARSD 74:36:08:109 -National emission standards for acrylic and modacrylic fiber 

production area sources; 

ARSD 74:36:08:110- National emission standards for carbon black production area 

sources; 

I. ARSD 74:36:08:111 -National emission standards for chemical manufacturing area 

sources - chromium compounds; 

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 acid battery 

manufacturing area sources; 

o. ARSD 74:36:08:114- National emission standards for wood preserving 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 secondary nonferrous 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 of ARSD 74:36:08:35. ARSD 74:36:08:93 

was to cover polyurethane foam production facilities and not polyurethane foam 

fabrication facilities, which are covered by ARSD 74:36:08:35. This section will be 

revised to incorporate the appropriate type of facility. 

8.0 Chapter 74:36:09- Prevention of Significant Deterioration 

This chapter reference a specific year of the federal regulations. These references are being 

revised to reflect the most current version of the federal reference . 

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9.0 Chapter 74:36:10- New Source Review 

This chapter reference a specific year of the federal regulations. These references are being 

revised to reflect the most current version of the federal reference. 

10.0 Chapter 74:36:11- Performance Testing 

This chapter reference a specific year of the federal regulations. These references are being 

revised to reflect the most current version of the federal reference. 

11.0 Chapter 74:36:12- Control of Visible Emissions 

This chapter reference a specific year of the federal regulations. These references are being 

revised to reflect the most current version of the federal reference. 

12.0 Chapter 74:36:13- Continuous Emission Monitoring Systems 

This chapter reference a specific year of the federal regulations. These references are being 

revised to reflect the most current version of the federal reference. 

13.0 Chapter 74:36:16- Acid Rain Program 

This chapter reference a specific year ofthe federal regulations. These references are being 

revised to reflect the most current version of the federal reference. 

14.0 Chapter 74:36:18- Regulations for State Facilities in the Rapid City Area. 

ARSD 74:36:18: I 0 requires the Tennessee Visual Emission Evaluation Method 1 be the test 

method used to determine compliance with the opacity requirement. The method is part of 

Tennessee's state implementation plan and is not directly listed in the code of federal regulations. 

Each year, DENR administers two certifications to meet Environmental Protection Agency's 

Method 9 requirements to measure opacity. The majority of federal regulations and state 

regulations require the opacity to be determined using Environmental Protection Agency's 

Method 9. This section is being revised to require the Environmental Protection Agency's 

Method 9 to determine compliance with the opacity requirement. 

15.0 Chapter 74:36:19- Mercury Budget Trading Program. 

On March 15, 2005, EPA promulgated the Clean Air Mercury Rule to permanently cap and 

reduce mercury emissions from coal-fired power plants by approximately 70% nation-wide. In 

September 2006, South Dakota promulgated regulations to implement the Clean Air Mercury 

Rule. On February 8, 2008, the D.C. Circuit vacated EPA's rule removing power plants from the 

Clean Air Act list of sources of hazardous air pollutants. At the same time, the Court vacated the 

Clean Air Mercury Rule. In February 2009, EPA asked the Supreme Court to dismiss its request 

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to have the Suprement Court review the D.C. Circuit Court's decision. Instead, EPA plans to 

develop mercury standards for power plants under a different portion of Clean Air Act. 

Since the underlying federal regualtions have been vacated by the court system and EPA no 

longer plans to pursue these types of regulations, South Dakota is removing this Chapter. 

16.0 Chapter 74:36:20- Construction Permits for New Sources or Modifications. 

In calendar year 2004, EPA reviewed South Dakota's Title V permitting program. On September 

19, 2006, EPA finalized and submitted a copy of its report to DENR. In the report, EPA 

identified a concern that permits issued under South Dakota's Title V permitting program, which 

is a combined construction and operational permitting program, could expire. As such, 

conditions developed because of the construction activities could be voided, superseded, or 

replaced by future Title V permits. EPA's concern is that conditions in construction permits 

should be independently enforceable under Title I of the Clean Air Act. 

Even though DENR disagrees with EPA's concern on our Title V permitting program, DENR is 

proposing a construction permitting program to eliminate the confusion on which conditions are 

due to construction of a facility and which ones are associated with the operations. 

The construction permitting program will follow a similar process as the permitting under the 

minor permitting and Title V permitting programs. The construction permitting program will 

require an application, a review ofthat application will be conducted, a draft permit will be 

prepared, the public will be given an opportunity to comment on the draft permit and application, 

DENR will review any comments received and make a final permit decision, and the public will 

be given an opportunity to contest DENR's final permit decision, which will be heard by the 

Board of Minerals and Environment. 

17.0 Response to Initial Comments 

During January 2010, DENR emailed the proposed changes to 17 different organizations that 

include EPA Region VIII, Badlands National Park, Wind Cave National Park, industry, and 

environmental groups for initial comments. A summary of the comments received and DENR's 

responses follows: 

1. Comment: " ... question the elimination of the exemption for emergency generators units 

deleted under 74:36:04:03." 

Response: EPA promulgated federal regulations under the New Source Performance 

Standards that are applicable to new emergency generators. The federal regulations 

establish requirements for the manufacturers and owners of these new emergency 

generators. An emergency generator can not be considered an insignificant activity if a 

federal requirement is applicable. In addition, by removing the exemption for emergency 

generators, DENR is being consistent between the Minor air quality permit program and 

the Title V air quality permit program. Even though we are removing the exemption, an 

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emergency generator may still not require a minor air quality permit if the potential 

emissions from the facility is less than or equal to 25 tons per year (ARSD 

74:36:04:02.01(1)). However, a new emergency generator would still have to meet the 

requirements of the federal regulation. DENR considered the comment; but did not 

propose any changes to the draft rule revisions. 

2. Comment: " ... what constitutes an emergency generator losing the classification of being 

mobile or portable?" 

Response: The question or concern appears to center around when a nonroad engine 

such as a portable emergency generator becomes a stationary source and would be 

covered by one of the permit programs. Section 216(10) of the Clean Air Act defines a 

"nonroad engine" as an internal combustion engine that is not used in a motor vehicle or a 

vehicle used solely for competition or that is not subject to standards promulgated under 

section 111 (New Source Performance Standards) or 202 (mobile sources) of the federal 

Clean Air Act. A more specific definition of a nonroad engine is outlined in 40 CFR § 

89.2. It not only states what a nonroad engine is but also specifies when an internal 

combustion engine is no longer a nonroad engine and becomes a permitted unit. It states 

that an internal combustion engine is not a nonroad engine if the engine remains or will 

remain at a location for more than 12 consecutive months or a shorter period oftime for 

an engine located at a seasonal source . 

A portable emergency generator is generally an internal combustion engine located on a 

trailer and is not subject to section 111 or 202 of the federal Clean Air Act. Therefore, a 

portable emergency generator is considered a nonroad engine and not subject to 

permitting. This was more of a question and did not request any changes to the draft rule 

revisions. 

3. Comment: " ... do not understand the basis for the minor source exemption levels 

(74:3604:02.01 and 74:36:05:04) ... " 

Response: The exemptions noted in ARSD 74:36:05:04 are based on the federal 

regulations. 40 CFR 70.3(b)(4) notes that a source subject to the Standards of 

Performance for New Residential Wood Heaters and Standard for Demolition and 

Renovation are not required to obtain a Title V air quality operating permit. The 

exemptions noted in ARSD 74:36:04:02.01 are not new exemptions. These exemptions 

were originally part ARSD 74:36:04:03. These exemptions were developed for sources 

that were considered to have a negligible impact to air quality in South Dakota. DENR 

considered the comment; but did not propose any changes to the draft rule revisions. 

4. Comment: "Regarding the removal of the Mercury Budget Trading Program ... assume 

the state will undergo a case-by-case MACT analysis for new or modified major sources 

with mercury emissions, in accordance with section 1120) of the Clean Air Act." 

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Response: DENR will follow the regulations that are in affect at the time a new source 

or a modified source submits its application. For sources that construct or reconstruct a 

major source of hazardous air pollutants and is not being regulated by a current standard 

such as the maximum available control technology standards established in 40 CFR Part 

63, DENR will follow the requirements for section 112(g) of the Clean Air Act for new 

or modified sources that is outlined in 40 CFR §§ 63.40 through 63.44 (ARSD 

74:36:08:03.01). The requirements implemented in section 1120) of the Clean Air Act 

are established in 40 CFR §§ 63.50 through 63.56 (ARSD 74:36:08:03.01) and are for 

existing sources that EPA has failed to promulgate a standard by its established deadline. 

DENR considered the comment; but did not propose any changes to the draft rule 

revisions. 

5. Comment: " ... concern is the proposed requirement to include prepared plans and 

specification of any equipment or other facilities with application for a construction 

permit ... prepared plans and specification are not available in the early stages of project 

development. .. " 

Response: DENR agrees that for large projects, prepared plans and specifications are 

not available at the time an application is required prior to construction. Therefore, 

DENR agrees to revise the language in ARSD 74:36:20:07(4), by adding "If available" at 

the beginning of the subsection. This revision will require plans and specifications to be 

submitted only if they are available . 

6. Comment: " ... add language "actual on-site" to Administrative Rule of South Dakota 

74:36:20:06." 

Response: The term "actual on-site" is used as part of the definition for commenced 

construction in ARSD 74:36:01 :21. Therefore, this language is already incorporated into 

the suggested section by the definition of commenced construction. DENR considered 

the comment; but did not propose any changes to the draft rule revisions. 

7. Comment: " ... consider adding a provision ... contents of construction permit that would 

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

application without obtaining approval from the Secretary provided the final design does 

not significantly differ from the design described in the application and the final design 

would still demonstrate compliance with the National Ambient Air Quality Standards and 

PSD increments ... " 

Response: DENR believes this request is best suited for the case-by-case review of the 

application for the minor or Title V air quality operating permit, whichever is applicable. 

During this review, DENR can determine if the actual construction differed and if so, is it 

significant enough to warrant operational limits or requirement more restrictive than the 

construction permit. DENR considered the comment; but did not propose any changes to 

the draft rule revisions. 

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8. Verbal Comment: " ... can not exempt Subparts EEEEEE, FFFFFF, GGGGGG, 

YYYYY, MMMMMM, and SSSSSS from obtaining a Title V permit." 

Response: Some of the area source hazardous air pollutant regulations allow a source to 

be exempt from the obligation to obtain a Part 70 operating permit while others are 

required to obtain a Part 70 operating permit. In accordance with 40 CFR § § 63 .11146( d) 

(Subpart EEEEEE), 63.11153(d) (Subpart FFFFFF), 63.11160(c) (Subpart GGGGGG), 

63.10680(d) (Subpart YYYYY), 63.11400(d) (Subpart MMMMMM), and 63.11449(e) 

(Subpart SSSSSS) it states that an area source subject to these subparts must obtain a Part 

70 operating permit. DENR removed the recommended exemption in ARSD 

74:36:08:100,74:36:08:101,74:36:08:102,74:36:08:104,74:36:08:110, and 

74:36:08:116. 

9. Verbal Comment: " ... the Administrative Rules of South Dakota 74:36:08:02.02, 

74:36:08:02.03, and 74:36:08:02.04 should reference 40 CFR Part 61 instead of 40 CFR 

Part 60." 

Response: The federal regulations DENR is recommending to include do come from 40 

CFR Part 61. DENR corrected the reference to the appropriate Part. 

10. Comment: "The citation referenced in ARSD 74:36:07:03 should be revised ... " 

Response: The federal regulations for electric utility steam generators were recently 

revised. During the revision process, the federal citations were also revised. DENR will 

revise ARSD 74:36:07:03 to the correct federal citations. 

11. Comment: "The title of ARSD 74:36:07:74 should be revised to clarity volatile organic 

compounds are addressed ... " 

Response: DENR will revise the title of ARSD 74:36:07:74 from "Standards of 

performance for volatile organic emissions from polymer manufacturing industry" to 

"Standards of performance for volatile organic compound emissions from polymer 

manufacturing industry". 

12. Comment: " ... there are instances ... where titles are altered, abbreviated or contain 

typographical error .... reiterate that a difference in title merits no difference in 

applicability." 

Response: As noted in the Legislative Research Council's Guide to Form and Style for 

Administrative Rules of South Dakota, the title given to each rule is called a catchline. 

Catchlines help the reader find topics more quickly and provide a quick index to the rules 

when listed in the contents of the chapter. Catchlines are not part of the rules. Everything 

in the catchline that is essential to the rule must be repeated in the body of the rule. The 

important part of the rule is the reference to the federal citation. As such there is no 

difference in applicability because the federal citation identifies the applicability that is 

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referenced by the administrative rule. DENR considered the comment; but did not 

propose any changes to the draft rule revisions. 

13. Comment: " ... proposed regulation at 74:36:04:15(9) would allow for compliance with 

either State law or the Clean Air Act. Compliance must be with both state and Federal 

Requirements, the "or" ... should be "and" ... " 

Response: DENR agrees to make this recommended change. 

14. Comment: " ... 74:36:04:06 needs language that a minor source applying for an initial 

operating has already complied with modification requirements in 74:36:20:06" and" .. . 

74:36:05:08(2) may suggest a Permittee needs to only submit a complete application ... to 

prevent confusion in the future, the language should be revised .. .If the source has already 

complied with the modification requirements of 74:36:20 or 74:36:09 or 74:36:10 ... " 

Response: The concern appears to be that an owner or operator of source may think that 

just an operating permit is required and forgo the construction permitting process. A new 

source or modification to an existing source will be required to apply for and obtain a 

construction permit prior to constructing the facility or modification under one of the 

construction permit programs. The requirement to obtain one of these construction 

permits is not overridden by the requirements to obtain an operating permit. The 

operating permit is in addition to the construction permit. However, DENR does agree 

that it would be beneficial to identify that a construction permit is required before 

constructing the new source or modification in the operating permit program. DENR will 

identify this with a note at the end of ARSD 74:36:04:06 and 74:36:05:08. 

15. Comment: "Minor Permit Amendment is inconsistent with Part 70 definition of a 

procedure ... for consistency, this should be Minor Permit Modification ... " 

Response: DENR used a different term in an attempt to distinguish between the federal 

terms such as a major modification under the Prevention of Significant Deterioration 

program, a major modification under the Part 70 permitting program, and a minor 

modification under the Part 70 permitting program. DENR considers the term minor 

permit amendment instead of minor modification brings clarity and consistency to its 

permitting programs. DENR considered the comment; but did not propose any changes 

to the draft rule revisions. 

16. Verbal Comment: "Several of the federal regulations for national emission standards for 

hazardous air pollutants have been revised by adding an additional section or a table to 

the subpart. It is recommended that for those Administrative Rules of South Dakota in 

chapter 74:36:08 that do not reference the subpart be revised to reference the subpart to 

account for these changes." 

Response: Generally, the adoption by reference to a subpart was done because the 

subpart contained a table or an appendix that was not directly associated with the 

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numbering of the federal regulation. If there was no such table or appendix, the adoption 

by reference was to a specific set of federal regulations numbers. For consistency and to 

incorporate the identified new sections, tables and appendixes, ARSD chapter 74:36:08 

will be revised to reference the subpart lettering scheme. 

17. Verbal Comment: The regulations for dry cleaners, chromium electroplating (09), and 

halogenated solvent cleaning (13) identified in Administrative Rules of South Dakota 

74:36:08:04, 74:36:08:09, 74:36:08:13, reference a December 9, 2005, date. The federal 

regulations have been revised stating area sources have a permanent exemption from a 

Part 70 operating permit. The reference to the December 9, 2005, date should be 

removed. 

Response: In accordance with 40 CFR §§ 63.320(k), 63.340(e), 63.460(h), the federal 

rules note that an area source subject to these subparts is exempt from the obligation to 

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

other reasons. DENR agrees to make the recommended changes . 

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Appendix A 

Proposed Amendments 

to 

ARSD 74:36- Air Pollution Control Program 
• 

• 

• 

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 

AIR POLLUTION CONTROL PROGRAM 

Definitions. 

Ambient air quality. 

Air quality episodes. 

Operating permits for minor sources. 

Operating permits for Part 70 sources. 

Regulated air pollutant emissions. 

New source performance standards. 

National emission standards for hazardous air pollutants. 

Prevention of significant deterioration. 

New source review. 

Performance testing. 

Control of visible emissions. 

Continuous emission monitoring systems. 

Variances, Repealed. 

Open burning, Transferred or Repealed. 

Acid rain program. 

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 City area. 

Mercury budget trading program, Repealed. 

Construction permits for new sources or modifications. 

CHAPTER 74:36:01 

DEFINITIONS 

Definitions. 

Repealed. 

Administrative permit amendment defined. 

Affected states defined. 

Applicable requirements of the Clean Air Act defined. 

Complete application defined. 

Repealed. 

Major source defined. 

Categories of sources 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 air pollutant defined. 

74:36:01:16 Responsible official defined. 

74:36:01:17 Repealed. 

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

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

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

74:36:01:21 Commenced construction defined. 

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

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

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

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

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

source; 

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

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

Act· _, 

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

secretary 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 Air Act; 

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

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

(7) "Air pollutant," one or a combination of the regulated air pollutants listed in§ 74:36:0 

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

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

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

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

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

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

future compliance date; 

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

(e) The applicable standards in 40 C.F.R. Part 60, 61, or 63 (July 1, 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 Society for Testing and Materials; 

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

(12) "Btu," British thermal unit; 

(13) "CO," carbon monoxide; 

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

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

through November 15, 1990 January l, 2010; 

4 

• 

• 

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

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

(17) "Control equipment," a device which prevents or reduces emissions; 

(18) "Criteria pollutant," selected and specified pollutants for which limiting ambient air 

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

ozone, nitrogen oxides, and lead; 

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

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

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

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

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

• compliance plans for the unit; 

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

participation or affected state review; 

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

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

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

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

be subject; 

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

discharged from a single unit; 

• 

5 
(24) "Emission unit," "Unit," any part or activity of a stationary source which emits or has • 

the potential to emit a regulated air pollutant regula-ted under or any pollutant listed under section 

112(b) ofthe aet Clean Air Act; 

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

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

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

conditions; 

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

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

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

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

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

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

in the Standard Industrial Classification Manual, 1987; 

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

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

requirements developed pursuant to this article, those appearing in 40 C.F.R. §§ 60 and 61 (July 

1, 2005 July 1, 2009), requirements within the state implementation plan, and permit 

requirements established pursuant to this article or 40 C.F.R. §51 Subpart I (July 1, 2005 July 1, 

2009). The use of this term does not impede the department's authority under state law to enforce 

these limits and conditions; 

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

for a source that has completed all required review procedures; • 

6 
• 

• 

• 

(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 of burning fuel or other combustible material for the primary 

purposes of producing heat or power by indirect heat transfer; 

~ .Q12 "Fugitive emissions," those air pollutants which could not reasonably pass 

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

fM1 Qil "General permit," a permit issued by the board in accordance with SDCL 34A-1-

56 that may be made 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 or designer's guaranteed maximum input, whichever is greater; 

~ (35) "Incinerator," a furnace used to bum solid waste to reduce the volume of the 

waste by removing its combustible material; 

~ QQl "Malfunction," any sudden and unavoidable failure of air pollution control 

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

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

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

~ Ql) "Minor source," a source whose potential emissions of a criteria pollutant are 

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

(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 source review; 

~ Bll "Opacity," the degree to which emissions reduce the transmission of light and 

obscure the view of an object in the background; 

f441 (42) "Open burning," the burning of any matter in such a manner that the products of 

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

through a stack, duct, or chimney; 

~ .(1ll "Operating permit," a written authorization issued by the board or the secretary 

for the eoastmetioa or operation of a 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 of permits covering a Part 70 

source that is issued, renewed, amended, or revised; 

f491 (47) "Part 70 source," any source subject to§ 74:36:05:03; 

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

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

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 

§ 74:36:01:1 0; 

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 

minor permit 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 of the foregoing; 

~.(if} "PMIO," particulate matter with an aerodynamic diameter less than or equal to a 

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

~ Ql)_ "Proposed Part 70 operating permit," a permit that the department has forwarded 

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

comments, including those from affected states; 

~ 12.±1 "PSD," prevention of significant deterioration; 

~Gil Repealed; 

~ 0.2} "Salvage operation," an operation conducted in whole or in part for the 

reclaiming of product or material; 

~ {212 "Secretary," the secretary of the South Dakota Department of Environment and 

Natural Resources or an authorized representative; 

(-601 .G.ID_ "Shutdown," the cessation of operation of any control equipment, process 

equipment, or process 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 plume in the air; 

9 
~ (60) "Source," a facility that emits or may emit any air pollutant regulated under the 

Clean Air Act; 

~ .!Q1} "Start-up," the setting into operation of any control equipment, process 

equipment, or process for any purpose; 

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

maintenance of national ambient air quality standards; 

(65) "Title II," Title II of the Cleat!: Air Act Amendments, provisions relating to mobile 

somees; 

(66) "Title III," Title III of the Cleat!: A.ir Aet Amendments, ha21areol:ls air polll:ltaRts; 

~ {@ "Title IV," Title IV of the Clean Air Act Amendments, acid deposition control; 

t68) (64) "Title V," Title V of the Clean Air Act 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) "Title VIII," Title VIII ofthe Clean Air Act Amendments, miseellat~:eel:ts previsions; 

(72) "Title IX," Title IX of the Cleat!: f.ir Act Amendments, eleatJ: air researeh; 

(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 

or has the potential to emit a polll:ltant regHlated tmder the t\et; 

10 

• 
• f761 (66) "Variance," a written authorization issued by the board to operate a minor source 

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

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 

11 
methm<y butane (C4F9GGH;, 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;,F1GGR;, 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); and perfluorocarbon compounds which fall into these classes: 

(a) Cyelic, Branched, or lh'lear completely fluorinated alkanes; 

(b) Cyclic, braRehed, or linear completely fluorinated 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 • 

only to carBOB: and fluoriB:e; as defined in 40 C.F.R. § 51.1 OO(s) (July 1, 2009); 

pg) @ "Wire reclamation furnace," a furnace that uses either direct or indirect heat 

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

f791 (69) "PM2.5," particulate matter with an aerodynamic diameter less than or equal to a 

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

~ (70) "802," sulfur dioxide; and 

f8Bflll"N02," nitrogen dioxide~ and 

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

the construction and operation of a new source or modification to 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, effective June 

13, 2006. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-6 . 

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

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

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

100012. Cost: $31. 

74:36:01:02. Actual emissions defined. Repealed. 

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

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

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

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

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

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

repealed, 31 SDR 101, effective January 2, 2005. 

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

amendment is an amendment to an existing permit and is issued by the secretary. The secretary 

may issue an administrative permit amendment if it accomplishes one of the following: 

(1) Corrects typographical errors; 

(2) Changes the name, address, or phone number of any person identified in the permit or 

provides a similar minor administrative change at the source; 

(3) Requires more frequent monitoring or reporting by the permittee; 

(4) Allows for a change in ownership or operational control of a source if the department 

determines that no other change in the permit is necessary and a written agreement containing a 

specific date for transfer of permit responsibility, coverage, and liability between the current and 

new permittee has been submitted to the department. If the change in ownership or operational 

control changes the designated representative for an acid rain permit, the change is considered a 

permit modification and the procedures outlined in § 74:36:05:39 apply; or 

14 

• 

• 

• 
• ( 5) Any other change that the Administrator of the EPA and the secretary determines to be 

similar to the requirements in subdivisions (1) to (4), inclusive, of this section. 

Source: 19 SDR 157, effective 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 quality may 

be affected by and that are contiguous to the state in which an operating permit, permit 

modification, or permit renewal for a Part 70 source is being proposed or that are within 50 miles 

• of the permitted source. 

Source: 19 SDR 157, effective April22, 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 of the Clean Air Act include all of the following as they apply to emissions units in 

a Part 70 source, unless the context of the Clean Air Act requires otherwise: 

(1) Any standard or other requirement provided for in the applicable implementation plan 

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

15 
implements the relevant requirements of the Clean Air Act, including any revisions to that plan 

promulgated in Part 52 of 40 C.F .R. (Jlliy 1, 2005 July 1, 2009); 

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

approved through rulemaking under Title I, including Parts CorD, of the Clean Air 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 of the Clean Air Act, including any 

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

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

Air Act or the regulations promulgated under it; 

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

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

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

the Clean Air Act; 

(8) Any standard or other requirement for consumer and commercial products, under 

§ 183(e) of the Clean Air Act; 

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

Act; 

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

continental shelf sources, under§ 328 ofthe Clean Air Act; 

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

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

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

16 

• 

• 

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

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

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

Source: 19 SDR 157, effective 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. 

Law Implemented: 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 in writing. 

Source: 19 SDR 157, effective April22, 1993. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-6. 

74:36:01:07. Major modification defined. Repealed . 

• 

17 
Source: 8 SDR 71, effective December 21, 1981; 13 SDR 129, 13 SDR 141, effective July • 

1, 1987; 17 SDR 170, effective May 13, 1991; transferred from§ 74:26:01:02.01, 19 SDR 157, 

effective 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 of persons under common control, that belongs to a single major industrial 

grouping, and that is any of the following: 

(1) A major source under § 112 of the Clean Air Act defined as a source or group of 

sources located within a contiguous area and under common control that emits or has the • 

potential to emit, considering controls, in the aggregate, 10 tons per year (tpy) or more of any 

hazardous air pollutant which has been listed pursuant to § 112(b) of the Clean Air Act, 25 tpy or 

more of any combination of such hazardous air pollutants, or a lesser quantity established by rule 

by the administrator of the EPA. Emissions from any oil exploration or production well and its 

associated equipment and emissions from any pipeline compressor or pump station may not be 

aggregated with emissions from other similar units, whether or not such units are in a contiguous 

area or under common control, to determine whether such units or stations are major sources; & 

(2) A major source of air pollutants, as defined in § 302 of the Clean Air Act, that directly 

emits or has the potential to emit 100 tpy or more of any air pollutant, including any major source 

of fugitive emissions of any such pollutant, as determined by rule by the administrator of the 

EPA; or • 

18 
• 

• 

• 

(3) A major source as defined in Part D of Title I of the Clean Air Act, including; 

(a) For ozone nonattainment areas, sources with the potential to emit 100 tons or more 

per year of volatile organic compounds or oxides of nitrogen in areas classified as "marginal" or 

"moderate, "50 tons or more per year in areas classified as "serious," 25 tons or more per year in 

areas classified as "severe," and 10 tons or more per year in areas classified as "extreme." The 

references in this subdivision to 100, 50, 25, and 10 tons per year of nitrogen oxides do not apply 

to any source for which the administrator of the EPA has made a finding, under § 182(£)(1) or (2) 

of the Clean Air Act, that the requirements of§ 182( f) of the Clean Air Act do not apply; 

(b) For ozone transport regions established pursuant to § 184 of the Clean Air Act, 

sources with the potential to emit 50 tons or more per year of volatile organic compounds; 

(c) For carbon monoxide nonattainment areas that are classified as "serious" and in 

which sources contribute significantly to carbon monoxide levels as determined under rules 

issued by the administrator of the EPA, sources with the potential to emit 50 tons or more per 

year of carbon monoxide; and 

(d) For particulate matter (PMIO) nonattainment areas classified as "serious," sources 

with the potential to emit 70 tons or more per year ofPMlO. 

A source or group of sources is considered as part of a single industrial grouping if all of 

the pollutant-emitting activities of the source or group of sources belong to the same major group 

(i.e. which have the same two-digit code) as described in the Standard Industrial Classification 

Manual, 1987 . 

19 
Source: List of stationary sources transferred from § 74:26:01:03, 17 SDR 170, effective 

May 13, 1991; transferred from §§ 74:26:01:06.05 and 74:26:01:06.07, 19 SDR 157, effective 

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-1-6. 

Cross-Reference: Classification defined, Title I of the Clean Air Act. 

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

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

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

100012. Cost: $31. 

74:36:01:09. Categories of sources defmed. The fugitive emissions of a source shall not 

be included in determining whether it is a major source for any of the purposes of§ 74:36:01:08 

unless the source belongs to one of the following categories of sources: 

(1) Coal cleaning plants with thermal dryers; 

(2) Kraft pulp mills; 

(3) Portland cement plants; 

(4) Primary zinc smelters; 

( 5) Iron and steel mills; 

(6) Primary aluminum ore reduction plants; 

20 

• 

• 

• 
• 

• 

(7) Primary copper smelters; 

(8) Municipal incinerators capable of charging more than 250 tons of refuse per day; 

(9) Hydrofluoric, sulfuric, or nitric acid plants; 

(10) Petroleum refineries; 

(11) Lime plants; 

(12) Phosphate rock processing plants; 

(13) Coke oven batteries; 

(14) Sulfur recovery plants; 

(15) Carbon black plants (furnace process); 

(16) Primary lead smelters; 

(17) Fuel conversion plants; 

(18) Sintering plants; 

(19) Secondary metal production plants; 

(20) Chemical process plants; 

(21) Fossil fuel-fired boilers totaling more than 250 million British thermal units per hour 

heat input; 

(22) Petroleum storage and transfer units with a total storage capacity exceeding 300,000 

barrels; 

(23) Taconite ore processing plants; 

(24) Glass fiber processing plants; 

(25) Charcoal production plants; 

(26) Fossil fuel-fired steam electric plants of more than 250 million British thermal units 

• per hour heat input; and 

21 
(27) Any other source category, which as of August 7, 1980, is regulated under§ 111 or • 

112 of the Clean Air Act but only for those air pollutants that have been regulated for that 

category. 

Source: Transferred from§ 74:26:01:03, 17 SDR 170, effective May 13, 1991; transferred 

from§ 74:26:01:06.07, 19 SDR 157, effective 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 a physical change in or change in the 

method of operation of a source that results in at least one of the following: 

(1) An increase in the amount of an air pollutant emitted by that source or in the emission 

of an air pollutant not previously emitted; 

(2) A significant change to existing monitoring, reporting, or recordkeeping requirements 

in the permit; 

(3) The change requires or changes a case-by-case determination of an emission limit or 

other standard, a source-specific determination for temporary sources of ambient impacts, or a 

visibility or increment analysis; or 

(4) The change seeks to establish or change a permit term or condition for which there is a 

corresponding underlying applicable requirement that the source has assumed to avoid an 

• 

applicable requirement, a federally enforceable emissions cap assumed to avoid classification as • 

22 
• 

• 

• 

a modification under any provision of Title I, or an alternative emissions limit approved pursuant 

to regulations promulgated under§ 112(i)(5) ofthe Clean Air Act. 

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

§ 34:10:01:01(18), 7 SDR 4, effective July 27, 1980; transferred from§ 44:10:01:02, effective 

July 1, 1981; 8 SDR 71, effective December 21, 1981; 13 SDR 129, 13 SDR 141, effective July 

1, 1987; 17 SDR 170, effective May 13, 1991; transferred from§ 74:26:01:02, 19 SDR 157, 

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

1999; 31 SDR 101, effectiveJanuary2, 2005. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-6 . 

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

ambient air quality standards define levels of air quality that are necessary, with a margin of 

safety, to protect the public health. The national secondary ambient air quality standards define 

levels of air quality that are necessary to protect the public welfare from any known or 

anticipated adverse effects of a pollutant. These standards are located in chapter 74:36:02. 

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

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

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

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

23 
effective 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. 

Law Implemented: SDCL 34A-1-6. 

74:36:01:12. Potential to emit defined. The potential to emit for sources shall be based 

on the maximum rated capacity of a source to emit a pollutant under its physical or operational 

design. Any physical or operational limitation on the capacity of a source to emit a pollutant, 

including air pollution control equipment and restrictions on hours of operation or on the type or 

amount of material combusted, stored, or processed, shall be treated as part of its design if the 

limitation is federally enforceable. Secondary emissions are not included when determining the 

potential to emit. 

Source: 7 SDR 4, effective July 27, 1980; transferred from§ 44:10:01:03, effective July 1, 

1981; 10 SDR 68, effective January 5, 1984; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 

list of stationary sources transferred to § 74:26:01:06.07, 17 SDR 170, effective May 13, 1991; 

transferred from§ 74:26:01:03, 19 SDR 157, effective 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 of continuous operation or for a typical portion divided by 

the number of hours of the period or portion. 

The process weight rate for cyclical or batch operation is the total process weight for a 

period that covers a complete operation or an integral number of cycles divided by the hours of 

actual process operation during such a period . 

If the nature of a process or operation or the design of equipment permits more than one 

interpretation of data, the interpretation that results in the minimum value for allowable 

emissions applies. 

Source: SL 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 of sources 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, effective January 2, 2005. 

74:36:01:15. Regulated air pollutant defmed. A regulated air pollutant is one of the 

following: 

(1) Nitrogen oxides or any volatile organic compounds; 

(2) Nitrogen dioxide, PM10, sulfur dioxide, carbon monoxide, lead, ozone, or any 

• 

pollutant for which a national ambient air quality standard has been promulgated in the Clean Air • 

Act; 

(3) Any pollutant that is addressed by any standard promulgated under § 111 of the Clean 

Air Act; 

(4) Any Class I or II substance subject to a standard promulgated under or established by 

Title VI ofthe Clean Air Act; or 

(5) Any pollutant subject to a standard promulgated under§ 112 of the Clean Air Act or 

other requirements established under §§ 112(g), G), and (r) of the Clean Air Act, including the 

following: 

(a) Any pollutant subject to a standard promulgated under § 1120) of the Clean Air 

Act. If the administrator of the EPA fails to promulgate a standard by the date established in 

26 

• 
• § 112(e) of the Clean Air Act, any pollutant for which a subject source would be major shall be 

considered to be regulated on that date; and 

• 

• 

(b) Any pollutant for which the requirements of§ 112(g)(2) of the Clean Air Act have 

been met, but only for the individual source subject to§ 112(g)(2) requirement. 

Source: 19 SDR 157, effective April22, 1993; 21 SDR 119, effective January 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 of the 

following: 

(1) For a corporation, a president, secretary, treasurer, or vice-president of the corporation 

in charge of a principal business function or any other person who performs similar policy or 

decision-making functions for the corporation, or a duly authorized representative of such person 

if the representative is responsible for the overall operation of one or more manufacturing, 

production, or operating facilities applying for or subject to a permit, and either: 

(a) The facility employs more than 250 persons or has gross annual sales or 

expenditures exceeding $25 million (in second quarter 1980 dollars); or 

(b) The delegation of authority to such a representative is approved in advance by the 

department; 

(2) For a partnership or sole proprietorship, a general partner or the proprietor, 

respectively; 

27 
(3) For a municipal, state, federal, or other public agency, either a principal executive • 

officer or ranking elected official. For the purposes of this subdivision, a principal executive 

officer of a federal agency includes the chief executive officer having responsibility for the 

overall operations of a principal geographic unit of the agency; or 

(4) For affected sources: 

(a) The designated representative insofar as actions, standards, requirements, or 

prohibitions under Title IV of the Clean Air Act or the regulations promulgated under it are 

concerned; or 

(b) The designated representative for any other purposes under chapter 74:36:05. 

Source: 19 SDR 157, effective April22, 1993; 31 SDR 101, effective January 2, 2005. 

General Authority: SDCL 34A-1-6. • 

Law Implemented: SDCL 34A-1-6. 

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

Source: 8 SDR 71, effective December 21, 1981; 13 SDR 129, 13 SDR 141, effective July 

1, 1987; 17 SDR 170, effective May 13, 1991; transferred from§ 74:26:01:06.04, 19 SDR 157, 

effective April22, 1993; 25 SDR 123, effective April4, 1999; repealed, 31 SDR 101, effective 

January 2, 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 of the municipal solid waste 

landfill may be separated by access roads. A municipal solid waste landfill may be publicly or 

privately owned, a new landfill, an existing landfill, or a lateral expansion. 

Source: 23 SDR 106, effective December 29, 1996. 

General Authority: SDCL 34A-1-6. 

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

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

solid waste landfill is a municipal solid waste landfill that commenced construction, 

• reconstruction, or modification before May 30, 1991. An existing municipal solid waste landfill 

may be active or closed. Physical or operational changes made to an existing municipal solid 

waste landfill solely to comply with applicable emission limits are not considered a modification 

or reconstruction. 

Source: 23 SDR 106, effective December 29, 1996. 

General Authority: SDCL 34A-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 change in or a change in the method of operation does not include the following: 

• 

29 
(1) Routine maintenance, repair, and replacement; 

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

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

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

as in effect on January 1, 1993; 

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

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

solid waste; 

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

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

1975, pursuant to 40 C.F.R. § 52.21 (July 1, 2005 July 1, 2009), or under regulations approved 

• 

pursuant to 40 C.F.R. Part 51, Subpart I, or 40 C.F.R. § 51.166 (July 1, 2005 July 1, 2009); • 

(6) Any change of ownership at a source; 

(7) The use of an alternative fuel or raw material by a source which the source was capable 

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

enforceable permit condition which was established after January 6, 1975, pursuant to 40 C.F.R. 

§ 52.21 (July 1, 2005 July 1, 2009), or under regulations approved pursuant to 40 C.F.R. Part 51, 

Subpart I, or 40 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 pursuant to 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. 

Law Implemented: SDCL 34A-l-6. 

74:36:01:21. Commenced construction defined. Commenced construction means the 

owner or operator has all necessary construction approvals or permits and has: 

(1) Begun, or caused to begin, a continuous program of actual on-site construction of the 

new source or modification to the existing source; or 

(2) Entered into a binding agreement or contractual obligation, which cannot be cancelled 

or modified without substantial loss to the owner or operator, to undertake a program of actual 

• construction of the source. 

• 

Source: 

General Authority: SDCL 34A-l-6. 

Law Implemented: SDCL 34A-l-6. 

CHAPTER 74:36:02 

AMBIENT AIR QUALITY 

Section 

31 
74:36:02:01 

74:36:02:02 

74:36:02:03 

74:36:02:04 

74:36:02:05 

Air quality goals. 

Ambient air quality standards. 

Methods of sampling and analysis. 

Air quality monitoring network. 

Ambient air monitoring requirements. 

74:36:02:01. Air quality goals. The air quality goals are as follows: 

(1) Protection of the public health; 

(2) Prevention of damage to buildings, property, animals, plants, forests, and agricultural 

crops; 

(3) Optimization of visibility; and 

( 4) Minimization of the corrosion of or damage to metals or other materials. 

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

§ 34:10:02:01, 7 SDR 4, effective July 27, 1980; transferred from§ 44:10:02:01, effective July 1, 

1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; transferred from§ 74:26:02:01, 19 SDR 

157, effective 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 of air pollutants. 

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

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

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

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

January 5, 1995; 25 SDR 123, effective 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-1-15. 

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 

equivalent method designated in accordance with 40 C.F.R. Part 53 (July 1, 2005 July 1, 2009). 

33 
Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from 

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

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

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

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

SDR 209, effective June 13,2006. 

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

Law Implemented: SDCL 34A-1-15. 

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

• 

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

department shall revise the air quality monitoring network as required by 40 C.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 

January 2, 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 of monitoring 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. 

Law Implemented: SDCL 34A-1-15. 

CHAPTER 74:36:03 

AIR QUALITY EPISODES 

Section 

74:36:03:01 Air pollution emergency episode. 

74:36:03:02 Episode emergency contingency plan. 

74:36:03:01. Air pollution emergency episode. The proclamation of an air pollution 

emergency episode and its extent shall be made by the secretary, using the criteria in 40 C.F.R. 

§ 51.151 and Appendix L to Part 51 (July 1, 2005 July 1, 2009), if the accumulation of air 

35 
pollutants in any place is attaining or has attained levels which could, if such levels are sustained • 

or exceeded, lead to a substantial threat to the health of the public. 

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

§ 34:10:02:22,7 SDR 4, effective July 27, 1980; transferred from§ 44:10:02:17, effective July 1, 

1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; transferred from§ 74:26:02:17, 19 SDR 

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

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

Law Implemented: SDCL 34A-l-15. 

CHAPTER 74:36:04 

• 

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 FOR MINOR SOURCES 

Applicability. 

PeHRit Minor source operating permit required. 

Minor source operating permit exemption. 

Operatiag peHRit Emission unit exemptions. 

Minor source operating permit variance. 

Standard for issuance of operating permit. 

Time period for operating permits and renewals. 

Timely and complete application for operating permit required. 

Required contents of complete application for operating permit. 

Applicant required to supplement or correct application. 

Permit application-- Completeness review. 

Time period for department's recommendation. 

Departmeflt's reeemmendatioa en operatiag peHRit. Repealed. 

Public participation in permitting process. 

Public review of department's draft permit. 

Final permit decision -- Notice to interested persons. 

Right to petition for contested case hearing. 

Contents of operating permit. 

Operating permit expiration. 

37 
74:36:04:17 

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 of operating permit. 

Operating permit revision. 

Administrative permit amendment. 

Procedures for administrative permit amendments. 

Minor permit amendment required. 

Requirements for minor permit amendment. 

Application for minor permit amendment. 

Department deadline to approve minor permit amendment. 

Permit modifications. 

Source status change-- New permit required. 

Reopening operating permit for cause. 

Procedures to reopen operating permit. 

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 of operating noncompliance-- Contents. 

Petition for contested case on alleged violation. 

Repealed. 

Circumvention of emissions not allowed. 

General permits. 

Secretary may require an individual permit. 

38 

• 

• 

• 
• 

• 

• 

74:36:04:01. Applicability. The requirements of this chapter apply to all minor sources. 

Source: 19 SDR 157, effective April22, 1993. 

General Authority: SDCL 34A-1-6. 

Law Implemented: 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 operating permit has been issued by the board or the secretary . 

Source: 2 SDR 40, effective December 7, 1975; transferred from§ 34:10:01:03.01,7 SDR 

4, effective July 27, 1980; transferred from§ 44:10:01:08, effective July 1, 1981; 13 SDR 129, 

13 SDR 141, effective July 1, 1987; transferred from§ 74:26:01:08, 19 SDR 157, effective April 

22, 1993; 21 SDR 119, effective January 5, 1995. 

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

Law Implemented: SDCL 34A-1-21. 

74:36:04:02.01. Minor source operating permit exemption. The following sources are 

exempt from obtaining a minor source operating permit: 

(1) A source that has the potential to emit 25 tons or less per year of any criteria pollutant, 

except lead, before the application of control eguipment; and 

39 
(2) Any other source constructed for domestic purposes and not intended for use by an • 

industry, manufacturer, or business. 

Source: 

General Authority: 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 operating permit unless the 

source has 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 

preconstruction permit, or NSR preconstruction permit: 

(1) A faeility operatiHg aH iHeiHerator or One or more incinerators ofless than 100 pounds • 

per hour combined burning capacity that combust municipal or household waste; 

(2) A mobile internal combustion engine, including those in autos, trucks, tractors, 

airplanes, locomotives, and boats; 

(3) Laboratory equipment used exclusively for chemical or physical analysis; 

(4) A l:!Hit fueled by ootural gas th:at is 1:1sed eKell:lsi','ely fur spaee heating; 

~ill A unit that has a heat input capability of not more than 3,500,000 Btus per hour, 

except for units fueled with wood or coal; 

(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, or paving parking lots; and 

(7) AH emergeney eleetrieal generator pmverea by petrole1:1m proa1:1ets; 

(8) A faeility that has the potential to emit 25 tons or less per year of any eriteria poll~:~tant, 

eJ<eept lead, before the appliea-tion of eontrol equipment; 

(9) A 1:1nit fueled by waste 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 of control equipment. However, the criteria pollutant emissions 

from the unit must be included in determining if whether the source is 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, or busiBess . 

A sol:lfee or An emission unit that is exempt from permitting ~:~naer subElivisioRs (1) to (-W1-; 

inelusive, must still meet the visible emission restriction in§ 74:36:12:01. 

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

§ 34:10:01:16, 7 SDR 4, effective July 27, 1980; transferred from§ 44:10:01:25, effective July 1, 

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

transferred from§ 74:26:01:25, 19 SDR 157, effective April 22, 1993; 21 SDR 119, effective 

January 5, 1995; 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 

1999; 31 SDR I 01, effective January 2, 2005. 

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

Law Implemented: SDCL 34A-l-19, 34A-l-21. 

41 
Cross-References: Operating permits for Part 70 sources, ch 74:36:05; Prevention of 

significant deterioration, ch 74:36:09. 

74:36:04:03.01. Minor source operating permit variance. The owner or operator of a 

minor source may request a variance from applicable emission standards. The variance will allow 

allows the minor source to operate in noncompliance with applicable emission standards. A 

minor source is eligible for a variance if it is located within an area that is in attainment for all 

regulated air pollutants for which the source is requesting a variance. The minor source may not 

receive a variance if the source obtained a minor source operating permit by accepting federally 

enforceable permit conditions to prevent the source from needing a Part 70 operating permit. 

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 of proof required under SDCL 34A-1-27. The compliance plan 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. Any person affected by the recommendation or any person interested in testifying 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: Operating permits 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 of a minor source operating permit. An operating 

permit for a Hew source or permit modifieation revision may be issued only if it has been shown 

that the operation of the Hew source or permit 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 in 40 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 of the 

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 conditions justified under SDCL 34A-1-19. 

Source: 2 SDR 40, effective December 7, 1975; transferred from § 34:10:01:08.02; 

transferred from§ 44:10:01:12, effective July 1, 1981; 10 SDR 68, effective January 5, 1984; 12 

SDR 183, effective May 21, 1986; 13 SDR 129, 13 SDR I41, effective July I, 1987; 14 SDR 72, 

effective November 24, 1987; 16 SDR 88, effective November 14, 1989; 17 SDR 170, effective 

May 13, 1991; transferred from§ 74:26:0I: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 a period up to five years and all subsequent operating permits 

shall be for a period of five years. 

Source: 2 SDR 40, effective December 7, 1975; transferred from § 34:10:01:21.04; 

transferred from§ 44:10:01:32, effective July 1, 1981; 13 SDR 129, 13 SDR 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. 

Law Implemented: 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 a minor source operating permit shall 

submit a timely and complete application. An application is timely if it meets the time limits 

specified in this section. An application is complete if it meets the requirements in§ 74:36:04:07. 

A minor source applying for an initial operating permit shall submit a complete application 

to the department at least 120 Elays, wflieh inehtEles fue 30 Elay publie aotiee period, before fue 

estimated Elate of eoiRIReaeiag eoB:Stffietioa of tlte 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 of the emission unit(s) involved with the modification. 

A minor source applying for renewal of a an operating permit shall submit a complete 

application 90 days before the date of permit expiration. If an existing source submits a timely 

and complete application for renewal of an operating pennit within this time limit, the source's 

existing permit does not expire until the renewal permit has been issued or denied. The terms and 

conditions of the existing permit remain in effect until the renewal permit has been issued or 

denied. 

Source: 19 SDR 157, effective 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 of the source or permit modification. 

74:36:04:07. Required contents of complete application for operating permit. An 

application for an operating permit for a minor source or permit modification must submit 

include the following information to be considered a complete application: 

(1) General company information, including the company name and address or the plant 

name and address if different from the company name, the owner's name and agent, and the plant 

site manager or contact; 

(2) A description of the plant and its processes and products; 

(3) The following information on emissions: 

(a) Identification and description of all emission~ units; 

(b) Fuels, fuel use, aHd raw materials, 'HSed and production rates; 

(c) Identification and description of air pollution control equipment; 

(d) Limitations on source operation affecting emissions or any work practice standards, 

where applicable, for all regulated air pollutants; 

(e) Other information required by any applicable requirements, including information 

related to stack height limits, such as the location of emissions units, flow rates, building 

dimensions, and stack parameters, including height, diameter, and plume temperature, for all 

pollutants regulated at the source; 

46 

• 

• 

• 
• 

• 

• 

( 4) A copy of any prepared plans and the specifications of any equipment or other facilities 

which may affect the source, including pollution control devices; 

(5) An abatement strategies plan, if required by chapter 74:36:03; 

( 6) A signed and notarized certification of applicant form; 

(7) The results of any air dispersion modeling required by the department; 

(8) The results of any stack performance testing required by the department; 

(9) Any other information requested by the department which is relevant to determining 

compliance with the act or the Clean Air Act. 

The application must be signed by the responsible official or designated representative. An 

application for the renewal of an operating permit may refer to a previously submitted application 

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, effective July 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 

47 
an application are incorrect, the applicant shall submit the supplementary facts or corrected • 

information. The applicant shall provide additional information as necessary to address 

requirements that become applicable after the application is filed but prior to the release of the 

draft permit. 

Source: 19 SDR 157, effective April22, 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 of each permit application received, as follows: 

(1) Within 30 days after submission of an application for an initial operating permit, £! • 

permit modification, or a renewal of an operating permit for a minor source, the department shall 

notify the applicant in writing whether or not the application is complete or incomplete. If the 

department does not notify the applicant that the application is incomplete within 30 days after 

receipt of the application, the application is considered complete. The department may at any 

time during the processing of the application request, in writing, additional information necessary 

to evaluate or take final action on the application; 

(2) If the application is incomplete or additional information is necessary to evaluate the 

application, the department shall identify the items required to 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 approved by the department; and • 

48 
• (3) The department shall determine the adequacy of the applicant's response to each 

incomplete item within 15 days after receipt of the response and shall notify the applicant in 

writing if the application is or is not complete. 

Source: 19 SDR 157, effective 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 of an operating permit, a permit modification, or a renewal for an 

• operating permit for a minor source within 90 days after the submission of a 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 of the application without waiting for a department recommendation. The petition 

must conform to the requirements of article 74:09. 

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

§§ 34:10:01:08.01, 34:10:01:11, 7 SDR 4, effective July 27, 1980; transferred from 

§ 44:10:01:11, effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 

transferred from§ 74:26:01:11, 19 SDR 157, effective Apri122, 1993. 

49 
General 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 of a eomplete applieation for an operating permit or a renewal of an operating permit 

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

170, effective May 13, 1991; transferred from§ 74:26:01:36, 19 SDR 157, effective April 22, 

1993; 25 SDR 123, effective 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 of the draft permit once in a legal newspaper in the county where the source is 

located. The notice must include a brief statement describing the 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 a person may submit comments or contest the draft permit within 30 days after the 

publication of the notice; describe the procedures a person must follow to contest the draft permit 

• 

• 

and request a hearing in accordance with article 74:09; and a statement describing where copies 

of the draft permit or other information may be obtained. The department shall provide to the 

interested parties a 30-day notice of any hearing to contest a draft permit. 

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

§§ 34:10:01:02, 34:10:01:22.03, 7 SDR 4, effective July 27, 1980; transferred from 

§ 44:10:01:37, effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 14 SDR 

50, effective October 4, 1987; 17 SDR 170, effective May 13, 1991; transferred from 

§ 74:26:01:37, 19 SDR 157, effective April22, 1993; 25 SDR 123, effective April4, 1999 . 

General Authority: 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 of this article or the requirements of the Clean Air Act. 

Source: 25 SDR 123, effective April4, 1999. 

51 
General Authority: SDCL 34A-1-6, 34A-1-21. 

Law Implemented: SDCL 34A-1-21 

74:36:04:13. Final permit decision -- Notice to interested persons. The department 

shall make its final permit decision within 30 days of the end of the public comment period on a 

draft permit. The department shall notify, in writing, the applicant and each person that submitted 

written comments or requested notice of the final permit decision. The notice shall include 

reference to the procedures for contesting the final permit decision and requesting a hearing in 

accordance with article 74:09. For the purpose of this section, the final permit decision means 

proposing a ne•;v, modified, or renewed permit, denying a permit, or terminating a permit. 

• 

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 of the final permit decision except under the following conditions: 

(1) A later effective date is specified in the final permit decision; 

(2) A contested case hearing is requested; or 

(3) No comments or request for changes in the draft permit were received during the 

public notice period on the draft permit. In this case, the draft permit automatically becomes the 

final permit decision and the f)roposed B:e'.v, modifieEl, or renewed final permit is issued at the 

end ofthe public notice period. 

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

§§ 34:10:01:02, 34:10:01:22.04, 7 SDR 4, effective July 27, 1980; transferred from 

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. 

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

74:36:04:14. Right to petition for contested case hearing. The applicant or interested 

person may petition the board and obtain a contested case hearing to dispute the department's 

draft permit. Any other person may petition to intervene and request a hearing if the person has 

an interest affected by the department's draft permit. Such petitions must comply with the 

provisions of article 74:09 and be received by the department within 30 days after publication of 

• the notice required by§ 74:36:04:12. 

The applicant or an interested person that comments on the draft permit may petition the 

board for and obtain a contested case hearing to dispute the department's final permit decision. 

Such petitions must comply with the provisions of article 74:09 and be received by the 

department within 30 days after receiving the department's final permit decision. 

If the draft permit or the final permit decision is contested, the department shall present the 

draft permit or final permit decision to the board for action in accordance with article 74:09. 

Source: SL 1975, ch 16, §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, effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 14 SDR • 

50, effective October 4, 1987; transferred from§ 74:26:01:39, 19 SDR 157, effective April 22, 

1993; 25 SDR 123, effective Apri14, 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 

operatffig pel'lTtit for a minor source shall include the following: 

(1) The signature of either the secretary or the chairman; 

(2) The name of the person, company, political subdivision, agency, or institution granted 

a permit; 

(3) The type of operation; 

( 4) The J*ant facility and mailing address; • 

(5) The date the operating permit was granted and on which it will expire; 

(6) A number for administrative reference; 

(7) The name of a designated person or officer responsible for the source's operation; 

(8) A statement granting an operating permit by the board or secretary and any conditions 

that the board or secretary may impose to ensure compliance with the act and the Clean Air Act; 

(9) Emission limits and standards, including operational requirements and limits for all 

regulated emission units, necessary to assure compliance with applicable requirements of the act 

and the Clean Air Act; 

(10) Monitoring and related recordkeeping and reporting requirements; 

• 

54 
• 

• 

• 

(11) A severability clause to ensure the continued validity of the various permit 

requirements if any portions of the permit are challenged; and 

(12) Provisions stating the following: 

(a) The permittee must comply with all conditions of the permit. Any permit 

noncompliance constitutes a violation and is grounds for enforcement action, permit termination, 

revocation and reissuance, 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 

exclusive privilege; and 

(d) The permittee shall provide any information, including records, requested in writing 

by the department to determine if whether cause exists for modify-ing revising, revoking and 

reissuing, reopening, or terminating the permit or to determine compliance. 

Source: 2 SDR 40, effective December 7, 1975; transferred from§ 34:10:01:22.10,7 SDR 

4, effective July 27, 1980; transferred from§ 44:10:01:44, effective July 1, 1981; 13 SDR 129, 

13 SDR 141, effective July 1, 1987; 17 SDR 170, effective May 13, 1991; transferred from 

§ 74:26:01:44, 19 SDR 157, effective April22, 1993. 

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

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

55 
74:36:04:16. Operating permit expiration. Operating permit expiration terminates the • 

source's right to operate under the minor source operating permit unless a timely and complete 

renewal application has been submitted to the department. 

Source: 19 SDR 157, effective April 22, 1993. 

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

Law Implemented: SDCL 34A-1-21. 

74:36:04:17. Renewal of operating permit. Permits being renewed are subject to the 

same procedural requirements in §§ 74:36:04:06 to 74:36:04:14, inclusive, as the original minor 

source operating permit issuance. 

Source: 19 SDR 157, effective 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 operating permit for a minor source may be 

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, minor permit amendment, or permit modification. 

• 

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 of the 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 operating permit and is issued by the secretary. A source 

may request a minor permit amendment under §§ 74:36:04:20.02 to 74:36:04:20.04, inclusive, 

for a change that does not constitute a modification and is not prohibited under any applicable 

requirement under Title I of the Clean Air Act. 

Source: 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective 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) It does not violate any applicable requirement; 

(2) It does not involve significant changes to existing monitoring, reporting, or 

recordkeeping requirements in the permit; 

58 

• 

• 

• 
• 

• 

• 

(3) It does not require or change a case-by-case detennination of an emission limit or other 

standard, a source-specific determination for temporary sources of ambient impacts, or a 

visibility or increment analysis; 

(4) It does not seek to establish or change a permit term or condition for which there is no 

corresponding underlying applicable requirement that the source has assumed to avoid an 

applicable requirement, a federally enforceable emissions cap assumed to avoid classification as 

a modification under any provision of Title I, or an alternative emissions limit approved pursuant 

to regulations promulgated under§ 112(i)(5) of the Clean Air Act; and 

(5) It does not constitute a modification under Title I of the Clean Air Act. 

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

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

Law Implemented: SDCL 34A-1-21. 

74:36:04:20.03. Application for minor permit amendment. An application for a minor 

permit amendment shall include the following: 

(1) A description of the proposed change, the resulting change in emissions, and any new 

applicable requirements; 

(2) The source's suggested draft permit; and 

59 
(3) Certification by a responsible official that the proposed revision meets the applicable • 

requirements of a minor permit amendment. 

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

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

Law Implemented: SDCL 34A-1-21. 

74:36:04:20.04. Department deadline to approve minor permit amendment. The 

department shall take the following final action on a proposed minor permit amendment within 

90 days after receipt of a complete application for the amendment: 

(1) Issue the minor permit amendment as proposed; 

(2) Deny the minor permit amendment application; or 

(3) Determine that the requested minor permit amendment should be processed as a permit 

modification. 

The 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 minor permit amendments without the procedural requirements applicable to 

obtaining an efJerating fl permit modification. 

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

General Authority: SDCL 34A-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 

permit issuance as long as the source remains a minor source. However, the required review shall 

cover only the proposed changes rather than the unchanged activities of the permittee. 

Source: 19 SDR 157, effective 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 --New permit required. If a minor source becomes a 

Part 70 source because of a relaxation in a federally enforceable limit on the capacity of the 

source or modification as defined in§ 74:36:01:10, the requirements of chapter 74:36:05 apply to 

that source as though it were a single new source and the owner or operator shall obtain the 

applicable permit. 

Source: 12 SDR 183, effective May 21, 1986; 13 SDR 129, 13 SDR 141, effective July 1, 

1987; transferred from§ 74:26:01:02.02, 19 SDR 157, effective April 22, 1993; 25 SDR 123, 

effective April4, 1999. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-6 . 

61 
74:36:04:23. Reopening operating permit for cause. The department may reopen an • 

operating permit for further review if the department determines that the permit contains a 

material mistake in establishing the emissions standards or limits or other requirements of the 

operating permit or the department determines that the operating permit must be revised to asstlfe 

ensure compliance with the applicable requirements of this 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 before reopening an operating permit issued to the source. The department • 

may reopen a permit in a shorter time in an emergency. The procedures to reopen an operating 

permit shall follow the procedural requirements to issue an initial permit and shall affect only 

those parts of the permit for which cause to reopen 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 of intent. 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 of this article or nonpayment of any outstanding enforcement 

• penalty. 

• 

Source: 19 SDR 157, effective April22, 1993. 

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

Law Implemented: SDCL 34A-1-21. 

74:36:04:28. Notice of operating noncompliance -- Contents. If the department 

determines that the operation of a source is not in compliance with this article, the Clean Air Act, 

or permit conditions, the department may issue a notice of such a finding to the permit holder or 

operator of the source. The notice must contain citations to the rules, statutes, or permit 

conditions violated and the alleged facts upon which the determination is based. The secretary, 

with the concurrence of the alleged violator, may settle an issue of noncompliance by entering 

63 
into a compliance agreement with the source that specifies the date for final compliance of the • 

source and any penalties under SDCL 34A-l-39. If a compliance agreement can not be 

negotiated, the department may petition the chairman of the board for a contested case hearing or 

may file a civil penalty or injunctive action in circuit court. 

Source: 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-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 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. 

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 of emissions not allowed. A person may not install or cause 

the installation or use of a device or a means which conceals or dilutes an emission of air 

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

source, unit, or control device which emits pollutants into the ambient air from an opening other 

• than the stack, vent, or equivalent opening from which they were designed to be emitted. 

• 

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

§ 34:10:01:03, 7 SDR 4, effective July 27, 1980; transferred from§ 44:10:01:07, effective July 1, 

1981; 13 SDR 129, 13 SDR 141, effective July I, 1987; transferred from§ 74:26:01:07, 19 SDR 

157, effective April22, 1993. 

General Authority: 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 

air pollution sources that meets the following: 

65 
(1) Involve the same or substantially similar types of operations; 

(2) Require the same or similar type of air emission limits; and 

(3) Require the same or similar recordkeeping and monitoring. 

If a general permit has been issued by the secretary, all sources covered by the general 

permit shall apply for permission to operate under the general permit. Such sources may not be 

constructed or operate until they are granted coverage under the general permit, or until they 

obtain an individual permit if required by the secretary. 

Source: 30 SDR 26, effective September 1, 2003. 

General Authority: SDCL 34A-1-21. 

Law Implemented: SDCL 34A-1-56. 

Note: The procedural requirements for obtaining a general permit under this chapter are 

similar to the procedural requirements for a minor source, such as a timely and complete 

application, completeness review, public participation, and departmental recommendation, as 

outlined in§§ 74:36:04:06 to 74:36:04:14, inclusive. 

74:36:04:33. Secretary may require an individual permit. The secretary may require 

any source applying for a general permit or operating under a general permit to apply for and 

obtain an individual air quality permit. Individual air quality permits may be required at the 

discretion of the secretary, including under the following circumstances; 

66 

• 

• 

• 
• 

• 

• 

(1) The owner or operator is not in compliance with the conditions of its existing 

individual air permit prior to applying for the general permit; or 

(2) The owner or operator is not in compliance with the conditions of the general permit. 

Source: 30 SDR 26, effective September 1, 2003. 

General Authority: SDCL 34A-l-21. 

Law Implemented: 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 

CHAPTER 74:36:05 

OPERATING PERMITS FOR PART 70 SOURCES 

Applicability. 

Permit Part 70 operating permit required. 

Sources required to obtain a Part 70 operating permit. 

P£D or N£R preeonstmction permit required. Repealed. 

Sources exempt from obtaining a Part 70 operating permit. 

Insignificant activities. 

Transferred. 

Standard for issuance of a Part 70 operating permit. 

67 
74:36:05:06.01 Fees required for operating permit. 

74:36:05:07 Time period for operating permits and renewals. • 

74:36:05:08 Timely and complete application for operating permit required. 

74:36:05:09 Complete application. 

74:36:05:10 and 74:36:05:11 Transferred. 

74:36:05:12 Required contents of complete application. 

74:36:05:13 Applicant required to supplement or correct application. 

74:36:05:14 Repealed. 

74:36:05:15 Deadline for final action on permit application. 

74:36:05:16 Statement of basis for recommended permit conditions. 

74:36:05:16.01 Operating permit requirements. 

74:36:05:17 Public participation in permitting process. 

74:36:05:18 Public and affected state review of draft permit. • 

74:36:05:19 Transferred. 

74:36:05:20 Repealed. 

74:36:05:20.01 Final permit decision-- Notice to interested persons. 

74:36:05:20.02 Petitions for contested case hearing. 

74:36:05:20.03 EPA review of Part 70 operating permit. 

74:36:05:21 EPA objection to issuance of operating permit. 

74:36:05:21.01 Department response to EPA objection. 

74:36:05:22 Department failure to meet EPA objection deadline. 

74:36:05:23 Public petition to EPA on the final permit. 

74:36:05:24 Repealed. • 

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. 

Permit renewal. 

Permit flexibility. 

Permit amendment -- Application required. 

Administrative permit amendment required. 

Procedure for administrative permit amendments. 

Minor permit amendment required. 

Requirements for minor permit amendments. 

Application for minor permit amendment. 

Notification of EPA and affected states required. 

Department deadline to approve minor permit amendment. 

Permit modifications. 

Reopening operating permit for cause. 

Procedures to reopen permit. 

Reopening permit for cause by EPA. 

EPA review of proposed determination. 

Department failure to submit proposed determination. 

Repealed. 

Permit termination, modification, revocation, and reissuance by 

department. 

Notice of operating noncompliance-- Contents. 

Circumvention of emissions not allowed. 

69 
74:36:05:48 

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 enforceability of permit conditions. 

General permits. 

Secretary may require an individual permit. 

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

req1:1ired to obtain a Part 70 operating permit. 

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 or unit likely to cause the emission of air pollutants 

into the ambient air or any equipment which prevents or controls the emission of air pollutants 

into the ambient air until the applicable preconstmction a construction permit, PSD 

preconstmction permit, NSR preconstmction permit, or Part 70 operating permit has been issued 

by the board or the 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. 

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

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

Cross-References: Sources exempt from obtaining a Part 70 operating permit, 

§ 74:36:05:04; Timely and complete application for operating permit required, § 74:36:05:08. 

74:36:05:03. Sources required to obtain a Part 70 operating permit. Sources required 

to obtain a Part 70 operating permit include the following: 

(1) Any major source; 

(2) Any source, including an area source, subject to a standard or regulation promulgated 

under§ 111 of the Clean Air Act unless otherwise specified in§ 74:36:07; 

(3) Any source, including an area source, subject to a standard or regulation promulgated 

under § 112 of the Clean Air Act, except for a source that is solely subject to the regulations or 

requirements of§ 112(r) or unless otherwise specified in § 74:36:08; 

(4) Any affected source subject to Title IV of the Clean Air Act; and 

( 5) Any source in a source category designated by the administrator of the EPA through 

the Clean Air Act pursuant to Title V of the Clean Air Act. 

Source: 19 SDR 157, effective April22, 1993; 21 SDR 119, effective January 5, 1995; 25 

SDR 123, effective April4, 1999. 

71 
General 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 of the 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. 

Cooenl Aatherity: 8DCL 34A 1 6, 34A I 21. 

Law ImplemeRted: 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 operating permit: 

(I) All sources that are not included in§ 74:36:05:03; 

(2) Sources that operate a unit subject to 40 C.F.R. 60, Subpart 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 if the source is not required to obtain a Part 70 

operating permit for a reason other than the source is subject to Subpart AAA. Exempted 

sources must still meet the applicable requirements in Subpart AAA; 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 if the source is not required to obtain a Part 70 operating permit for a reason 

other than the source is subject to 40 C.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 or NSR preconstruction permit: 

(I) One or more incinerators of less than 100 pounds per hour combined burning capacity 

that combust municipal or household waste; 

(2) A mobile internal combustion engine, including engines in autos, trucks, tractors, 

airplanes, locomotives, and boats; 

(3) Laboratory equipment used exclusively for chemical or physical analysis; 

(4) A d<wice or apparatus unit that has a heat input capability of not more than 3,500,000 

Btus per hour, except for units fueled with wood or coal; 

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, or paving parking lots; 

(7) A unit that has the potential to emit two tons or less per year of any criteria pollutant 

before the application of control equipment. A unit may not ae considered insignificant if a state 

or federal limit is awlicable to the unit. However, the criteria pollutant emissions from the unit 

must be included in determining whether the source is a major source; and 

(8) A unit that has the potential to emit two tons or less per year of any hazardous air 

pollutant. However, the hazardous air pollutant emissions from the unit must be included in 

determining if whether the source is a major or minor source. A unit ean may not be considered 

insignificant if a state or federal limit is applicable to the unit. 

However, insignificant activities exempted because of size or production rate must be 

identified in the Part 70 operating permit application. An application may not omit information 

needed to determine the applicability of or to impose an applicable requirement. 

Source: 21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April4, 1999; 31 

SDR 101, effective January 2, 2005. 

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

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

74:36:05:05. Transferred to§ 74:36:05:02. 

74 

• 

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

permit for a :eew source or permit modifieffiion revision may be issued only if it has been shown 

that the operation of the :eew source or permit modifieation revision will not prevent or interfere 

with the attainment or maintenance of an applicable ambient air quality standard. Compliance 

with this requirement as determined by air pollution dispersion modeling is not affected by stack 

height that exceeds good engineering practice or by any other dispersion technique as defined in 

40 C.F.R. § 51.100 (July 1, 2005 July 1, 2009). Each :eew source, existing souree, and permit 

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

Air Act. A Part 70 operating permit must include reasonable conditions, including adherence to 

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

• conditions justified under SDCL 34A-1-19. 

• 

Source: 2 SDR 40, effective December 7, 1975; transferred from § 34:10:01:08.02; 

transferred from§ 44:10:01:12, effective July 1, 1981; 10 SDR 68, effective January 5, 1984; 12 

SDR 183, effective May 21, 1986; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 14 SDR 72, 

effective November 24, 1987; 16 SDR 88, effective November 14, 1989; 17 SDR 170, effective 

May 13, 1991; transferred from § 74:26:01:12, 19 SDR 157, effective April 22, 1993; 20 SDR 

125, effective February 9, 1994; 21 SDR 119, effective January 5, 1995; 31 SDR 101, effective 

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

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

Law Implemented: SDCL 34A-1-19, 34A-1-21. 

75 
74:36:05:06.01. Fees required for operating permit. The applicant for oo a Part 70 • 

operating permit ieF and the owner or operator of a 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 of the Clean Air Act shall be for a fixed term of five years. Operating 

permits for all Part 70 sources shall be issued for a period up to five years, and all subsequent • 

operating permits shall be for a period of five years. A permit issued for a solid waste incinerator 

subject to the requirements of§ 129(e) of the Clean Air Act shall be for a period not to exceed 12 

years and shall be reviewed by the department every five years. 

Source: 2 SDR 40, effective December 7, 1975; transferred from § 34:10:01:21.04; 

transferred from§ 44:10:01:32, effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective July 

1, 1987; 17 SDR 170, effective May 13, 1991; transferred from§ 74:26:01:32, 19 SDR 157, 

effective April 22, 1993. 

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 source required to have an operating permit must submit a 

timely and complete application. An application is timely if it meets the time limits specified in 

this section. An application is complete if it meets the requirements in §§ 74:36:05:12 and 

74:36:05:13. The time limits are set as follows: 

(1) A source applying for its initial Part 70 operating permit 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 of this 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 of operation that are of permanent narnre within 12 months after commencing operation; 

(2) A Part 70 source applying for a permit modification shall submit a complete 

application to the department within 12 months after commencing operation ofthe emission units 

involved with the modification; 

~ill A Part 70 source applying for renewal of an operating permit must submit a 

complete application six months before the date of permit expiration. If a source submits a timely 

and complete application for renewal of a permit, the terms and conditions ofthe existing permit 

remain in effect until the renewal permit has been issued or denied. This right to operate pending 

action on an application is extinguished if the applicant fails to submit on time the information 

identified in§ 74:36:05:12; 

f.B ill Part 70 sources required to obtain approval under § 112(g) of the Clean Air Act or 

• to have a PSD preconstruction permit or NSR preconstruction permit l:ltlder the preeoastmetion 

77 
re•riew prograffi under part CorD of Title I of the CleaE: Air Aet must file a complete application • 

to obtain a Part 70 operating permit or a permit modification, whichever is applicable, for the 

Part 70 source within 12 months after commencing operation. If an existing operating permit for 

a Part 70 source would prohibit such construction or the change in operation, the source must 

obtain a the applicable construction permit, PSD preconstruction permit, or NSR preconstruction 

permit modifieation before commencing operation; 

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 of the effective date of EPA's approval of the state's § 111 (d) plan required in • 

the Clean Air Act. 

Source: 19 SDR 157, effective April 22, 1993; 20 SDR 125, effective February 9, 1994; 

21 SDR 119, effective January 5, 1995; 25 SDR 123, effective April 4, 1999; 31 SDR 101, 

effective January 2, 2005. 

General Authority: SDCL 34A-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 of the source or permit modification. 

78 

• 
• 74:36:05:09. Complete application. The department shall detennine completeness of an 

application for a an initial Part 70 operating permit, permit modification, or renewal of a Part 70 

operating permit within 60 days after its receipt and shall notify the applicant in writing of its 

detennination. If the department does not notify the applicant that the application is incomplete 

within 60 days after receipt of the application, the applicant may consider the application 

complete. At any time during the processing of the application, the department may request, in 

writing, additional infonnation necessary to evaluate or take final action on the application. 

If the application is incomplete or additional information is necessary to evaluate the 

application, the department shall identify the items required to complete the application. The 

• applicant has an additioHal 20 working days after receipt of an incomplete notification or request 

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 of the response and 

shall notify the applicant in writing if the application is or is not complete. 

Once a designated representative submits a timely and complete acid rain pennit 

application, the owners or operators of the affected source and the affected units covered by the 

pennit application are considered in compliance with the requirement to have an acid rain pennit 

until the final pennit is issued, provided that if any requested additional information is submitted 

during the permitting process . 

• 

79 
Source: 19 SDR 157, effective April22, 1993; 21 SDR 119, effective January 5, 1995; 25 • 

SDR 123, effective April4, 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 of complete application. An applicant for an operating 

permit for a Part 70 source or permit modification must submit the following information for the 

application to be considered complete: 

(1) General company information, including the company name and address or the plant • 

name and address if different from the company name, the owner's name and agent, and the plant 

site manager or contact; 

(2) A plant description in terms of the processes and products identified by the Standard 

Industrial Classification Code, 1987, including any associated with each alternate scenario 

identified by the source; 

(3) The following information on emissions: 

(a) All emissions of pollutants for which the source is major and all emissions of 

regulated air pollutants. The applicant must describe all emissions of regulated air pollutants 

emitted from any emissions unit, except when such units are exempt; 

• 

80 
• (b) Identification and description of all emission peffits units described in subsection (a) 

of this subdivision in sufficient detail to establish the basis for fees and the applicability of 

requirements of the Clean Air Act; 

(c) Emissions rates in total tons per year and in any other terms necessary to establish 

compliance consistent with the applicable standard reference test method; 

(d) Fuels, fuel use, raw materials, production rates, and operating schedules; 

(e) Identification and description of air pollution control equipment and compliance 

monitoring devices or activities; 

(f) Limits on source operation affecting emissions or any work practice standards, as 

applicable for all regulated air pollutants; 

(g) For all pollutants regulated at the source, other information required by any 

• applicable requirements including information related to stack height limits, such as the location 

of emissions units, flow rates, building dimensions, and stack parameters, including height 

diameter, and plume temperature; and 

• 

(h) Calculations on which the items in this subdivision are based; 

(4) One copy of any prepared plans and the specifications of any equipment or other 

facilities that may affect the source, including pollution control devices; 

(5) An abatement strategies plan, if required by chapter 74:36:03; 

( 6) A signed and notarized certification of applicant form, as provided by the department; 

(7) The results of any air dispersion modeling or stack performance testing required by the 

department; 

(8) Citation and description of all applicable air pollution control emission limit 

requirements; 

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 of sources contained in the definition of major 

source; 

(10) A description of or reference to any applicable test method for determining 

compliance with each applicable requirement; 

(11) Any additional information that may be necessary to implement and enforce other 

requirements of the Clean Air Act or to determine the applicability of such requirements; 

(12) An explanation of any proposed exemptions from otherwise applicable requirements; 

(13) The use of standardized forms for acid rain portions of permit applications and 

compliance plans; 

(14) Information necessary to define reasonably anticipated alternative operating 

• 

scenarios, to define permit terms and conditions pursuant to § 74:36:05:30, or to implement a • 

federally enforceable emission cap; 

(15) A compliance plan that contains all of the following and is at least as stringent as that 

contained in any judicial consent decree or administrative order to which the source is subject: 

(a) A description of the compliance status of the source for all applicable requirements, 

including applicable requirements that will become effective during the term of the permit; 

(b) A description of the requirements for which the source is not in compliance at the 

time of permit issuance and a narrative description and a compliance schedule of how the source 

will achieve compliance with such requirements. The compliance schedule must include a 

statement that progress reports will be submitted at least once every six months; and 

(c) A statement that the source will continue to demonstrate compliance with applicable 

requirements; 

82 

• 
• (16) A certification of compliance by a responsible official that addresses all air pollution 

control requirements applicable to the source. A certification of compliance for an affected 

source subject to Title IV and chapter 74:36:16 must be submitted by the designated 

representative. This certification must be consistent with any applicable enhanced monitoring 

and compliance certification requirement of the Clean Air Act and must include: 

(a) A statement indicating methods used to determine compliance, including 

monitoring, recordkeeping and reporting requirements, and test methods; 

(b) A statement that compliance certifications will be submitted at least annually or at 

other designated times for the duration of the permit to the department; 

(c) A statement that the source is in compliance with all applicable requirements; 

(d) A statement identifying the condition of the permit that is the basis of the 

• certification, indicating the compliance status, and identifying whether compliance is continuous 

or intermittent; and 

• 

(e) A statement indicating the source's compliance status with any applicable enhanced 

monitoring and compliance certification requirements of the Clean Air Act; 

(17) A certification by a responsible official of the truth, accuracy, and completeness of 

any application form, report, or compliance certification submitted to the department. This 

certification and any other required certification must state that, based on information and belief 

formed after reasonable inquiry, the statements and information in the documents are true, 

accurate, and complete; and 

(18) Any other information requested by the department after submission of an application 

for a permit to operate a Part 70 source which is relevant to determine compliance of the source 

with the Clean Air Act. 

83 
An application for a renewal of an operating permit for a Part 70 source may refer to • 

previously submitted material. 

Source: 19 SDR 157, effective 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 of Management and Budget. Copies may be obtained from National Technical 

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

100012. Cost: $31. 

74:36:05:13. Applicant required to supplement or correct application. If the applicant 

is aware that the application is incomplete or that any relevant facts or information contained in 

an application are incorrect, the applicant shall submit the supplementary facts or corrected 

information. The applicant shall provide additional information as necessary to address 

requirements that become applicable after the application is filed but before the release of the 

draft permit. 

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

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

84 

• 
• 

• 

• 

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

74:36:05:14. Permit application-- Completeness review. Repealed. 

Source: 19 SDR 157, effective April 22, 1993; 20 SDR 125, effective February 9, 1994; 

repealed, 21 SDR 119, effective January 5, 1995. 

74:36:05:15. Deadline for fmal action on permit application. Except for the permitting 

of affected sources under the Title IV acid rain program, final action on each permit application 

for an operating permit for a Part 70 source, including requests for permit modification or 

renewal, must be completed within 18 months after receipt of a complete application . 

Source: 19 SDR 157, effective 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 of basis for recommended permit conditions. The department 

shall review the complete application for a Part 70 operating permit and develop a statement that 

sets forth the legal and factual basis for the recommended permit conditions, including references 

to the applicable statutory or regulatory provisions. The department shall provide this· statement 

to EPA, the applicant, and, upon request, to the public and affected states with the draft permit. 

85 
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 April4, 1999. 

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

Law Implemented: SDCL 34A-1-21. 

74:36:05:16.01. Operating permit requirements. Each permit issued for the operation of 

a Part 70 source must contain: 

(1) The name of the person, company, political subdivision, agency, or institution granted 

a permit; 

(2) The type of operation; 

(3) The~ facility and mailing address; 

( 4) The date the operating permit was granted and on which it will expire; 

(5) A number for administrative reference; • 

( 6) A The name of a designated person or officer responsible for the source's operation; 

(7) A statement granting an operating permit by the board or secretary and any conditions 

that the board or secretary may impose to ensure compliance with the act and the Clean Air Act; 

(8) Emission limits and standards, including operational requirements and limits for all 

regulated emission units, necessary to assure compliance with applicable requirements of the act 

and the Clean Air Act and including the following: 

(a) The reference of authority for each term or condition; 

(b) The applicable requirements from the Clean Air Act and from Title IV requirements 

of the Clean Air Act, reviewing both requirements and distinguishing which is more stringent 

and incorporating both into the permit; and • 

86 
• (c) If an alternative emission limit is approved in the state implementation plan (SIP), 

provisions to ensure that the alternative emission limit in the permit issuance, renewal, or permit 

modification process has been demonstrated to be equivalent to the applicable emission limit in 

the state implementation plan and is quantifiable, accountable, enforceable, and based on 

replicable procedures; 

(9) Monitoring and related recordkeeping and reporting requirements, consisting of at least 

the following: 

(a) All emissions monitoring and analysis procedures, alternative approved methods or 

test methods required under the applicable requirements, including procedures and methods in 

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

(b) If the applicable requirement does not require periodic testing or instrumental or 

• noninstrumental monitoring, periodic monitoring sufficient to yield reliable data from the 

relevant time period that are representative of the source's compliance with the permit. Such 

• 

monitoring requirements must assure use of terms, test methods, units, averaging periods, and 

other statistical conventions consistent with the applicable requirement; 

(c) As necessary, documentation of the use, maintenance, and if appropriate, 

installation of monitoring equipment or methods; 

(d) Documentation of the following: 

(i) The date, place as defined in the permit, and time of sampling or 

measurements; 

(ii) The date or dates analyses were performed; 

(iii) The company or entity that performed the analyses; 

(iv) The analytical techniques or methods used; 

87 
(v) The results of such analyses; and 

(vi) The operating conditions as existing at the time of sampling or 

measurement; 

(e) Recordkeeping and reporting requirements that comply with the following: 

(i) Submission of reports of any required monitoring must occur at least every 

six months. Reports must clearly identify all deviations from permit requirements and conditions. 

All required reports must be certified by a responsible official; and 

(ii) Deviations from permit requirements, including those attributable to upset 

conditions as defined in the permit, the probable cause of such deviations and any corrective 

actions or preventive measures taken must be promptly reported and certified by a responsible 

official; and 

• 

(f) Requirements for retention of monitoring records and all supporting documentation • 

for at least five years from the date of the monitoring sample, measurement, report, or 

application; and 

(1 0) If applicable, a condition prohibiting emissions exceeding any allowances that the 

source lawfully holds, exceedances of applicable emission rates, and the use of any allowance 

prior to the year for which it was allocated under the Title IV program of the Clean Air Act; 

(11) A severability clause asserting the continued validity of permit requirements if any 

portions of the permit are challenged; 

(12) Provisions stating the following: 

(a) The permittee must comply with all conditions of the permit. Any permit 

noncompliance constitutes a violation and is grounds for enforcement action, permit termination, 

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 necessary to cease or reduce the permitted activity in order to maintain compliance; 

(c) The permit may be modified, revised, revoked and reissued, reopened, or terminated 

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 of planned changes or anticipated noncompliance does not stay any permit condition; 

(d) The permit does not convey property rights of any sort or any exclusive privilege; 

and 

(e) The permittee must provide any information, including records, requested in writing 

• by the department to determine whether cause exists for modifyiHg revising, revoking and 

reissuing, reopening, or terminating the permit or to determine compliance; 

(13) Terms and conditions for reasonably anticipated operating scenarios identified by the 

source in its application and approved by the department. The terms and conditions must require 

the source, contemporaneously with making a change from one operating scenario to another, to 

record in a log at the permitted facility a record of the scenario under which it is operating and 

must ensure that the terms and conditions of each such alternative scenario meet all requirements 

of the Clean Air Act; 

(14) Compliance requirements that contain the following: 

(a) A compliance certification and testing, monitoring, reporting, and recordkeeping 

requirements sufficient to assure compliance with the terms and conditions of the permit. All 

• documents, including reports, required by the permit must be certified by a responsible official 

89 
consistent with subdivision 74:36:05:12(17). The compliance certification must be submitted 

annually from the date of permit issuance to the department and EPA; • 

(b) Inspection and entry requirements that require the permittee to allow the department 

or an authorized representative to perform the following: 

(1) Enter upon the permittee's premises where a Part 70 source is located or 

emissions-related activity is conducted or where records must be kept under the conditions of the 

permit; 

(2) Have access to and copy, at reasonable times, any records that must be kept 

under the conditions of the permit; 

(3) Inspect at reasonable times any facilities, equipment, practices, or operations 

regulated or required under the permit; and 

(4) As authorized by the Clean Air Act, sample or monitor at reasonable times • 

substances or parameters for the purpose of assuring compliance with the permit or applicable 

requirements; 

(c) A compliance plan in accordance with subdivision 74:36:05:12(15), including 

progress reports on noncompliance indicating the dates that compliance will be achieved or the 

dates that compliance was achieved as referred to in a schedule of compliance. The report must 

state an explanation for not attaining dates of compliance and must be submitted to the 

department semiannually or more frequently as required by the department; and 

(d) A compliance certification in accordance with subdivision 74:36:05:12(16); 

(15) A condition requiring a Part 70 source to pay any required fees; 

• 

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 by the applicable 

requirements of the Clean Air Act; 

(17) Any provisions the department uses to issue general permits that are in accordance 

with 40 C.F.R. Part 70.6(d) (July 1, 2005 July 1, 2009); 

(18) Provisions for permit emission exceedances due to emergencies that are in accordance 

with the requirements in 40 C.F.R. Part 70.6(g) (July 1, 2005 July 1, 2009); and 

(19) All applicable requirements of the Clean Air Act. 

Source: 19 SDR 157, effective April 22, 1993; transferred from § 74:36:05:27, 20 SDR 

125, effective February 9, 1994; 21 SDR 119, effective January 5, 1995; 31 SDR 101, effective 

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

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 draft permit. 

The department shall publish the public notice on the draft permit once in a legal 

newspaper in the county where the source is located. The public notice must include the 

• following: 

91 
( 1) A brief statement describing the facility source, including the name and address of the 

permittee; 

(2) The activity or activities involved in the permit action; 

(3) The emissions change involved in any permit modification; 

(4) The department's recommendation and the reasons for it; 

(5) A statement that a person may submit comments or contest the draft permit within 30 

days after publication of the notice. The statement shall also describe the procedures a person 

must follow to contest the draft permit and request a hearing in accordance with article 74:09; 

and 

(6) A statement describing where copies of the draft permit or other information may be 

obtained. 

The department shall provide to the interested parties a 30-day notice of any hearing to 

contest a draft permit. 

Source: 19 SDR 157, effective April 22, 1993; 20 SDR 125, effective February 9, 1994; 

21 SDR 119, effective January 5, 1995; 25 SDR 123, effective Apri14, 1999. 

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

Law Implemented: 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 hearing must be in writing and prepared and filed in accordance with 

article 74:09. The department is not required to accept recommendations or comments that are 

not based on applicable requirements of this article or the requirements of the Clean Air Act. 

Source: 19 SDR 157, adopted 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, effective April 4, 1999. 

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

Law Implemented: SDCL 34A-1-21 . 

74:36:05:19. Transferred to § 74:36:05:20.03. 

74:36:05:20. Department review of affected states' comments on draft permit. 

Repealed. 

Source: 19 SDR 157, effective April 22, 1993; 20 SDR 125, amended February 9, 1994, 

and effective date changed to November 15, 1994; 21 SDR 119, amended January 5, 1995, and 

effective date changed to March 15, 1995; repealed, 25 SDR 123, effective April 4, 1999. 

74:36:05:20.01. Final permit decision-- Notice to interested persons. The department 

shall make its final permit decision within 30 days of the end of the public comment period on a 

93 
draft permit. The department shall notify, in writing, the applicant and each person or affected • 

state that submitted written comments or requested notice ofthe final permit decision. The notice 

shall include reference to the procedures for contesting the final permit decision and requesting a 

hearing in accordance with article 74:09. For the purpose of this section, the final permit decision 

means proposing a ne•.v, modified, or rene>.ved permit, denying a permit, or terminating a permit. 

The proposed new, modified, or renewed Part 70 operating permit will must be submitted 

to EPA within 30 days of notifying the applicant and each person or affected state that submitted 

written comments or requested notification of the final permit decision except under the 

following conditions: 

(1) A later effective date is specified in the final permit decision; 

(2) A contested case hearing is requested; or 

(3) No comments or request for changes in the draft permit were received during the 

public notice period on the draft permit. In this case, the draft permit automatically becomes the 

final permit decision and the proposed Part 70 operating permit is submitted to EPA. 

Source: 19 SDR 157, effective April 22, 1993; transferred from§ 74:36:05:25, 20 SDR 

125, effective February 9, 1994; 25 SDR 123, effective 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, interested person, or 

affected state may petition the board and obtain a contested case hearing to dispute the 

department's draft permit. Any other person may petition to intervene and request a hearing if the 

person has an interest affected by the department's draft permit. Such petitions must comply with 

the provisions of article 74:09 and be received by the department within 30 days after the notice 

required by§ 74:36:05:17. 

The applicant or an interested person or affected state that comments on the draft permit 

may petition the board for and obtain a contested case hearing to dispute the department's final 

permit decision. Such petitions must comply with the provisions of article 74:09 and be received 

by the department within 30 days after the applicant, interested person, or affected state receives 

• the department's final permit decision. 

• 

If the draft permit or the final permit decision is contested, the department shall present the 

draft permit or final permit decision to the board for action in accordance with article 74:09. 

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

§§ 34:10:01:02, 34:10:01:22.05, 7 SDR 4, effective July 27, 1980; transferred from 

§ 44:10:01:39, effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 14 SDR 

50, effective October 4, 1987; transferred from § 74:26:01:39, 19 SDR 157, effective April 22, 

1993; transferred from § 74:36:05:26, 20 SDR 125, effective February 9, 1994; 21 SDR 119, 

effective January 5, 1995; 25 SDR 123, effective April4, 1999 . 

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

95 
Law Implemented: SDCL 1-26-27, 1-26-29, 34A-1-21, 34A-1-30, 34A-1-34. 

74:36:05:20.03. EPA review of Part 70 operating permit. The department shall submit 

to EPA a copy of each permit application for 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 of the permit application or compliance plan. 

• 

Source: 19 SDR 157, adopted April22, 1993, effective November 15, 1994; 20 SDR 125, • 

transferred from§ 74:36:05:19 and amended February 9, 1994, effective November 15, 1994; 21 

SDR 119, amended January 5, 1995, and effective date changed to March 15, 1995; 25 SDR 123, 

effective April4, 1999. 

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

Law Implemented: SDCL 34A-1-21. 

74:36:05:21. EPA objection to issuance of operating permit. The department may not 

issue a proposed Part 70 operating permit as a final permit for a Part 70 source if EPA objects to 

its issuance within 45 days after receipt of the proposed Part 70 operating permit pursuant to 

§ 74:36:05:20.03. If there is no EPA objection, the department shall issue the proposed Part 70 

operating permit as a final permit. 

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 objection procedure, 40 C.F.R. § 70.8( c). 

74:36:05:21.01. Department response to EPA objection. The department shall respond 

within 90 days to the EPA objection. The department may either revise the proposed Part 70 

• operating permit or justify its position on the proposed Part 70 operating permit to EPA. If the 

department decides to revise the proposed Part 70 operating permit, it shall 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, minor permit amendment, or permit modification, as applicable. 

If the EPA concurs with the revised proposed Part 70 operating permit or the department's 

justification, the department shall issue a final permit and submit it to the EPA. If the EPA does 

not concur, the EPA is responsible for issuing the final permit. 

Source: 20 SDR 125, adopted February 9, 1994, effective November 15, 1994; 21 SDR 

• 119, amended January 5, 1995, and effective date changed to March 15, 1995. 

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 or justification in accordance with 

§ 74:36:05:21.01 to EPA to meet the objection within 90 days after its receipt, responsibility for 

issuing or denying the final permit rests with EPA. 

Source: 19 SDR 157, effective April 22, 1993; 20 SDR 125, amended February 9, 1994, 

and effective date changed to November 15, 1994; 21 SDR 119, amended January 5, 1995, and 

effective date changed to March 15, 1995. 

General Authority: SDCL 34A-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 may petition 

the EPA in writing within 60 days after expiration of EPA's review period specified in 

§§ 74:36:05:20.03 to 74:36:05:22, inclusive, to object to the issuance of a final permit. The 

petition may be based only on objections to the permit that were raised with reasonable 

specificity during the public comment period, unless the petitioner demonstrates that it was 

impracticable to raise such objections within the public comment period or unless the grounds for 

the objection arose after the public comment period. If EPA objects to the issuance of the final 

permit as a result of a petition, the department shall respond to EPA's objection. Upon resolution 

98 

• 

• 

• 
• of EPA's objection, the permit shall remain the same or may be modified, terminated, or revoked 

by the department or EPA. 

Source: 19 SDR 157, effective April 22, 1993; 20 SDR 125, amended February 9, 1994, 

and effective date changed to November 15, 1994; 21 SDR 119, amended January 5, 1995, and 

effective date changed to March 15, 1995. 

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

Law Implemented: SDCL 34A-1-21. 

74:36:05:24. Affected state and EPA review required. Repealed . 

• Source: 19 SDR 157, effective April 22, 1993; repealed, 20 SDR 125, effective February 

9, 1994. 

74:36:05:25. Transferred to § 74:36:05:20.01. 

74:36:05:26. Transferred to § 74:36:05:20.02. 

74:36:05:27. Transferred to§ 74:36:05:16.01. 

74:36:05:28. Permit expiration. Permit expiration terminates the source's right to operate 

under the Part 70 operating permit unless a timely and complete renewal application has been 

• submitted to the department. 

99 
Source: 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 operating permit 

issuance. 

Source: 19 SDR 157, effective April 22, 1993; 20 SDR 125, effective February 9, 1994; 

31 SDR 101, effective January 2, 2005. 

General Authority: SDCL 34A-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 make the changes listed below without requiring a permit revision before the 

source makes those changes if the change is not a modification under any provision of Title I of 

the Clean Air Act and the change does not exceed the emissions allowable under the permit. The 

source must provide both EPA and the department written notification as required in this section 

100 

• 

• 

• 
• at least seven days in advance of the proposed changes. The source, the EPA, and the department 

shall attach each such notice to its copy of the relevant permit. 

Permitted sources may make changes ',vhieh that do not violate any applicable requirements 

or contravene federally enforceable permit terms and conditions, such as monitoring, including 

test methodst, recordkeepingt, reportingt, or compliance certification requirements. For each such 

change, the written notice must include a brief description of the change within the permitted 

facility, the date on which the change will occur, any change in emissions, and any permit term or 

condition that is no longer applicable as a result of the change 

If a permit applicant requests it, the department must issue permits that contain terms and 

• conditions, including all requirements under § 74:36:05:16.01, allowing for the trading of 

increases and decreases in the permitted facility solely for the purpose of complying with a 

federally enforceable emissions cap that is established in the permit independent of otherwise 

applicable requirements. The permit applicant must include in its permit application the proposed 

replicable procedures and permit terms that ensure that the emission trades are quantifiable and 

enforceable. Any emission units for which emissions are not quantifiable or for which there are 

no replicable procedures to enforce the emission trades shall not be permitted for trading of 

emissions. The written notice must include, at a minimum, when the proposed change will occur, 

a description of each such change, any change in emissions, and how these increases and 

decreases in emissions will comply with the terms and conditions of the permit. 

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

101 
General Authority: SDCL 34A-1-6, 34A-1-21. 

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

74:36:05:31. Permit amendment -- Application required. An amendment to a permit 

can be applied for at any time by the applic<mt's submittal of an application. The application must 

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 permit modification. 

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 of the 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 

more than 60 days from receipt of an application for an administrative permit amendment to take 

final action on the application. The department may make such changes without providing notice 

to the public or affected states if it designates any such pennit revisions as being made pursuant 

to this section. The department shall submit a copy of the revised permit to EPA. The source may 

implement the changes addressed in the application for an administrative amendment 

immediately upon submitting the application . 

Source: 19 SDR 157, effective April 22, 1993. 

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

Law Implemented: SDCL 34A-1-21. 

74:36:05:34. Minor permit amendment required. A Part 70 source may request a minor 

permit amendment under §§ 74:36:05:35 to 74:36:05:38, inclusive, for a change that does not 

constitute a modification and is not prohibited under any applicable requirement under Title I of 

the Clean Air Act. 

Source: 19 SDR 157, effective April22, 1993; 25 SDR 123, effective April4, 1999. 

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

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

103 
74:36:05:35. Requirements for minor permit amendments. A minor permit amendment 

is an amendment to an existing permit and is issued by the secretary. A minor permit amendment 

may be issued by the secretary if the proposed revision meets the following requirements: 

(I) It does not violate any applicable requirement; 

(2) It does not involve significant changes to existing monitoring, reporting, or 

recordkeeping requirements in the permit; 

(3) It does not require or change a case-by-case determination of an emission limit or other 

• 

standard, a source-specific determination for temporary sources of ambient impacts, or a • 

visibility or increment analysis; 

(4) It does not seek to establish or change a permit term or condition for which there is no 

corresponding underlying applicable requirement that the source has assumed to avoid an 

applicable requirement, a federally enforceable emissions cap assumed to avoid classification as 

a modification under any provision of Title I, and an alternative emissions limit approved 

pursuant to regulations promulgated under§ 112(i)(5) of the Clean Air Act; and 

(5) It does not constitute a modification under Title I ofthe Clean 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 of the proposed change, the resulting change in emissions, and any new 

applicable requirements; 

(2) The source's suggested draft permit; 

(3) Certification by a responsible official that the proposed revision meets the applicable 

requirements of a minor permit amendment; and 

( 4) Completed forms for notifying EPA and any affected states. 

Source: 19 SDR 157, effective April22, 1993. 

General Authority: 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 4 5 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 after the end of EPA's 45-day review period, whichever is later: 

(1) Issue the minor permit amendment as proposed; 

(2) Deny the minor permit amendment application; 

(3) Determine that the requested minor permit amendment should be processed as a permit • 

modification; or 

(4) Revise the proposed minor permit amendment and transmit the revised amendment to 

EPA. 

The department is not required to public notice a minor permit amendment; but the final 

permit decision for a minor permit amendment must be submitted to EPA for a 45-day review. 

The department may not issue a final permit for a minor permit amendment until after EPA's 45-

day review or until EPA has notified the department that EPA will not object to the issuance of 

the minor permit amendment. The source may implement a proposed revision that is considered 

a minor permit amendment seven days after submitting a complete application. 

• 

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 of the 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 operating permit for the following reasons: 

(1) Additional requirements of the Clean Air Act become applicable to a major source 

subject to a Part 70 operating permit and for which three years or more remain on the term of the 

permit. Such reopenings or revisions shall be made not more than 18 months after the 

promulgation of the relevant standard or regulations. Such reopenings or revisions are not 

required if the effective date of the requirement is later than the date on which the permit is due 

to expire; 

107 
(2) Additional requirements become applicable to an affected source under Title IV of the • 

Clean Air Act; 

(3) There is a determination by the department or EPA that the permit contains inaccurate 

statements or material mistakes in establishing the emission standard limitations on other 

requirements of the permit; or 

(4) The department or EPA determines that the permit must be revised or revoked to 

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

Source: 19 SDR 157, effective April 22, 1993; 25 SDR 123, effective 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 of the permit 

for which cause to reopen exists. The department shall follow the procedural requirements for 

initial permit issuance and shall notify the source 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, effective April22, 1993. 

108 

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• 

• 

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

Law Implemented: SDCL 34A-1-21. 

74:36:05:42. Reopening permit for cause by EPA. Within 90 days after EPA notifies the 

department and permittee that cause exists to terminate, modify revise, or revoke and reissue a 

permit, the department shall' submit to EPA a proposed determination of termination, 

moaifieation revision, or revocation and reissuance. 

Source: 19 SDR 157, effective Apri122, 1993. 

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

Law Implemented: SDCL 34A-1-21. 

74:36:05:43. EPA review of proposed determination. After EPA review of the proposed 

determination, the department has 90 days from receipt of an EPA objection to resolve the 

rejection. 

Source: 19 SDR 157, effective 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-day period in§ 74:36:05:42 or failure 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 and hearing by EPA on the proposed 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 decision fmal 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 of the Clean Air Act or this article or for nonpayment of a fee. Invalidation of the acid 

rain portion of an operating permit does not affect the continuing validity of the rest of the 

operating permit, nor does invalidation of any other portion of the operating permit affect the 

continuing validity of the acid rain portion of the permit. 

Source: 19 SDR 157, effective April 22, 1993. 

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

Law Implemented: SDCL 34A-l-21. 

llO 

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74:36:05:47. Notice of operating noncompliance -- Contents. If the department 

determines that the operation of a source is not in compliance with the rules, statutory 

requirements, or permit conditions, the department may issue a notice of such findings to the 

permit holder or operator of the source. The notice must contain citations to the rules, statutes, or 

permit conditions violated, reference to this section, and the alleged facts upon which the 

determination is based. The secretary, with the concurrence of the alleged violator, may settle an 

issue of noncompliance by specifying a compliance agreement, which may include a penalty 

under SDCL 34A-1-39 and the date for final compliance of the source. If a compliance 

agreement can not be negotiated, the department may petition the chairman of the board for a 

contested case hearing or may file a civil penalty or injunctive action in circuit court . 

Source: 2 SDR 40, effective December 7, 1975; transferred from§ 34:10:01:39, 7 SDR 4, 

effective July 27, 1980; transferred from § 44:10:01:47, effective July 1, 1981; 10 SDR 68, 

effective January 5, 1984; 13 SDR 129, 13 SDR 141, effective July 1, 1987; transferred from 

§ 74:26:01:47, 19 SDR 157, effective 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 of a device or a means which conceals or dilutes an emission of air 

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

Ill 
source, unit, or control device which emits pollutants into the ambient air from an opening other • 

than the stack, vent, or equivalent opening from which they were designed to be emitted. 

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

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-18. 

74:36:05:48. Petition for contested case on alleged violation. In accordance with 

§ 74:36:05:47, the department may file a petition containing the information required in article 

74:09 to request an order directing corrective action, that an enforcement hearing be scheduled 

pursuant to the provisions of article 74:09, or that the permit be suspended or revoked for 

noncompliance. 

Source: 2 SDR 40, effective December 7, 1975; transferred from§ 34:10:01:40, 7 SDR 4, 

effective July 27, 1980; transferred from§ 44:10:01:48, effective July 1, 1981; 13 SDR 129, 13 

SDR 141, effective July 1, 1987; 14 SDR 50, effective October 4, 1987; transferred from 

§ 74:26:01:48, 19 SDR 157, effective April22, 1993. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-47, 34A-1-49. 

74:36:05:49. Stack performance tests required. Repealed. 

112 

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• 

Source: 19 SDR 157, effective April22, 1993; repealed, 23 SDR 106, effective December 

29, 1996. 

74:36:05:50. Federal enforceability of permit conditions. All terms and conditions of a 

Part 70 operating permit issued pursuant to this article, including any provisions designed to limit 

a source's potential to emit, are federally enforceable, except those conditions imposed by the 

department that are not required under the Clean Air Act. The conditions imposed by the 

department that are not required under the Clean Air Act must be specifically designated as not 

being federally enforceable. 

Source: 20 SDR 125, effective February 9, 1994; 21 SDR 119, effective January 5, 1995 . 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-6. 

74:36:05:51. General permits. The secretary may issue a general permit to a category of 

air pollution sources that meets the following: 

(1) Involve the same or substantially similar types of operations; 

(2) Require the same or similar type of air emission limits; and 

(3) Require the same or similar recordkeeping 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 if required by the 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 of the secretary, including under the following circumstances; 

(1) The owner or operator is not in compliance with the conditions of its existing 

individual air permit prior to applying for the general permit; or 

(2) The owner or operator is not in compliance with the conditions of the general permit. 

Source: 30 SDR 26, effective September 1, 2003. • 

114 
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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 AIR POLLUTANT EMISSIONS 

Applicability. 

Allowable emissions for fuel-burning units. 

Allowable emissions for process industry units. 

Particulate emission restrictions for incinerators and waste wood burners. 

Most stringent interpretation applicable. 

Stack performance test. 

Open burning practices prohibited. 

74:36:06:01. Applicability. Any unit required to be permitted under this article must 

comply with the standards and requirements in this chapter except as otherwise specified in 

chapter 74:36:07, 74:36:08, 74:36:09, 74:36:10, or 74:36:16 . 

115 
Source: SL 1975, ch 16, § 1; transferred from§ 34:10:07:01, 7 SDR 4, effective July 27, 

1980; transferred from§ 44:10:07:01, effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective 

July 1, 1987; transferred from § 74:26:07:01, 19 SDR 157, effective April 22, 1993; 21 SDR 

119, effective January 5, 1995. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-6. 

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

fuel-burning unit may not cause or permit emissions of the following regulated air pollutants 

from the combustion of solid, gaseous, or liquid fuels that exceed the following allowable 

emissions limits that apply to the fuel-burning unit: 

(1) Particulate matter: 

(a) A fuel-burning unit with heat input values less than 10 million Btus per hour may 

not exceed .6 pounds of particulate matter per million Btus of heat input; and 

(b) A fuel-burning unit with a heat input equal to or greater than 10 million Btus per 

hour may not exceed the particulate emissions rate determined by the following equation: 

E = 0.811H-0

'

131, where 

116 

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• 

• 
• E = the allowable particulate emissions rate in pounds per million Btus of heat 

input and 

H = heat input in millions of Btus per hour; 

(2) Sulfur dioxide: A fuel-burning unit may not emit sulfur dioxide emissions to the 

ambient air in an amount greater than three pounds of sulfur dioxide per million Btus of heat 

input to the unit based on a three-hour rolling average, which is the arithmetic average of three 

contiguous one-hour periods. 

Source: SL 1975, ch 16, § 1; transferred from§ 34:10:07:03, 7 SDR 4, effective July 27, 

• 1980; transferred from§ 44:10:07:03, effective July 1, 1981; 11 SDR 151, effective May 12, 

1985; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 16 SDR 88, effective November 14, 

1989; 17 SDR 170, effective May 13, 1991; transferred from§§ 74:26:06:02.01 and 74:26:07:03, 

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

effective April4, 1999. 

• 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-6. 

74:36:06:03. Allowable emissions for process industry units. An owner or operator who 

operates a process industry unit may not cause or permit emissions of the following regulated air 

pollutants from any unit in excess of the amount expressed in the equation allocated to the unit 

listed in this section: 

117 
(1) Particulate matter: 

(a) The allowable particulate emissions rate for process industry units with process 

weight rates up to 60,000 pounds per hour shall be determined by use of the following equation: 

E = 4.10 x P0

·

67, and 

(b) The allowable particulate emissions rate for process industry units with process 

weight rates in excess of 60,000 pounds per hour shall be determined by use of the following 

equation: 

E = [55.0 x po.tl] - 40, where 

E = the rate of emission in pounds per hour and 

P = process weight rate in tons per hour; 

(2) Sulfur dioxide: A process unit which uses combustible fuel may not emit sulfur 

dioxide emissions to the ambient air in an amount greater than three pounds of sulfur dioxide per 

million Btus of heat input to the unit based on a three-hour rolling average, which is the 

arithmetic average ofthree contiguous one-hour periods. 

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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, effective January 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 or operator may not cause or permit an incinerator or wood waste burner to 

• emit a regulated air pollutant of a density greater than that designated as 20 percent opacity. No 

other emission limits apply to these sources except those in chapters 74:36:07 and 74:36:08. 

• 

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

§ 34:10:06:01, 7 SDR 4, effective July 27, 1980; transferred from § 44:10:06:01, effective July 1, 

1981; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 16 SDR 88, effective November 14, 

1989; 17 SDR 170, effective May 13, 1991; transferred from § 74:26:06:01, 19 SDR 157, 

effective April22, 1993; 31 SDR 101, effective January 2, 2005. 

General Authority: SDCL 34A-1-6. 

Law Implemented: SDCL 34A-1-6 . 

119 
74:36:06:05. Most stringent interpretation applicable. If the nature of any unit or the • 

design of any equipment permits more than one interpretation of the limits of this chapter, the 

interpretation that results in the most stringent value for the allowable emissions shall apply. 

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

§ 34:10:06:10, 7 SDR 4, effective July 27, 1980; transferred from§ 44:10:06:07, effective July 1, 

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

transferred from§ 74:26:06:07, 19 SDR 157, effective 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 

required under the following conditions: 

(1) A new unit or modification of an existing source with the potential to emit any of the 

regulated pollutants greater than 100 tons per year shall conduct a stack performance test to 

determine compliance with the applicable standard; 

(2) A unit that emits any regulated pollutants may be required to conduct a stack 

performance test to determine compliance with all applicable emission standards upon renewal of 

a permit to operate or at the discretion ofthe secretary. 

• 

120 
• Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from 

§ 34:10:05:02, 7 SDR 4, effective July 27, 1980; transferred from§ 44:10:05:02, effective July 1, 

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

157, effective April22, 1993; 31 SDR 101, effective January 2, 2005. 

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

Law Implemented: SDCL 34A-1-12. 

74:36:06:07. Open burning practices prohibited. The following open burning practices 

are prohibited: 

(1) A person may not bum waste oils, rubber, waste tires, tarpaper, or asphalt shingles. For 

• the purposes of this subdivision, waste oil means any oil that has been refined from crude oil, 

used, or contaminated by physical or chemical impurities. An exception for crude oil is allowed 

as a remediation alternative for soils contaminated with crude oil if a person submits the 

information requested in § 74:10:05:11.04 and the secretary approves the alternative remediation 

process; 

(2) A municipality or county governmental agency may not burn municipal solid waste 

unless exempted by the small town exemption in accordance with§ 74:27:12:25; 

(3) A person may not conduct or permit the operation of a salvage operation by open 

burning, except as allowed in article 74:27; and 

• 

121 
(4) A person may not bum railroad ties or wood treated with inorganic arsenicals, • 

pentacholorophenol, or creosols. 

Open burning of any other material must be conducted in accordance with all applicable 

local ordinances and state laws and rules. 

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

§§ 34:10:04:02 and 34:10:04:08, 7 SDR 4, effective July 27, 1980; transferred from 

§§ 44:10:04:02 and 44:10:04:08, effective July 1, 1981; 13 SDR 129, 13 SDR 141, effective July 

1, 1987; 17 SDR 170, effective May 13, 1991; transferred from§§ 74:26:04:02 and 74:26:04:08, 

19 SDR 157, effective 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; Open burning restrictions,§ 74:27:13:11. 

CHAPTER 74:36:07 

NEWSOURCEPERFORMANCESTANDARDS 

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122