ARTICLE 74:36 AIR POLLUTION CONTROL PROGRAM
Chapter 74:36:01 Definitions. 74:36:02 Ambient air quality. 74:36:03 Air quality episodes. 74:36:04 Operatingpermits for minor sources. 74:36:05 Operatingpermits for Part 70 sources. 74:36:06 Regulated airpollutant emissions. 74:36:07 New sourceperformance standards. 74:36:08 National emission standards for hazardous air pollutants. 74:36:09 Prevention ofsignificant deterioration. 74:36:10 New sourcereview. 74:36:11 Performancetesting. 74:36:12 Control ofvisible emissions. 74:36:13 Continuous emissionmonitoring systems. 74:36:14 Variances, Repealed. 74:36:15 Openburning, Transferred orRepealed. 74:36:16 Acid rain program. 74:36:17 Rapid City street sanding and deicing.74:36:18 Regulations for state facilities intheRapid Cityarea. 74:36:19 Mercurybudget tradingprogram, Repealed. 74:36:20 Constructionpermits for new sources ormodifications.

CHAPTER 74:36:01 DEFINITIONS

Section 74:36:01:01 Definitions. 74:36:01:02 Repealed. 74:36:01:03 Administrativepermit amendmentdefined. 74:36:01:04 Affected states defined. 74:36:01:05 Applicablerequirements ofthe CleanAirActdefined. 74:36:01:06 Complete application defined. 74:36:01:07 Repealed. 74:36:01:08 Major source defined. 74:36:01:09 Categories ofsources defined. 74:36:01:10 Modification defined. 74:36:01:11 National ambient airquality standard (NAAQS). 74:36:01:12 Potential to emit defined.

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### 74:36:01:13 Process weightrate defined. 74:36:01:14 Repealed. 74:36:01:15 Regulated airpollutant defined. 74:36:01:16 Responsible official defined. 74:36:01:17 Repealed. 74:36:01:18 Municipal solid waste landfill defined. 74:36:01:19 Existingmunicipal solid waste landfill defined. 74:36:01:20 Physical change in or changeinthe method ofoperation 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 ofthe South Dakota Codified Laws; (2) "Acidrainpermit," a legallybinding written document orportion ofa document that is issued by the department and specifies the acid rain program requirements applicable to an affected source and to the owners and operators and the designated representative ofthe affected source; (3) "Acid rain program," the national sulfur dioxide and nitrogen oxides air pollution control and emissions reduction program established in accordance with Title IV ofthe Clean AirAct;

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### (4) "Administrator," the administrator of the Environmental Protection Agency or the 

# r-· secretary ortheir authorizedrepresentatives; (5) "Affected source," a source that includes one or more affected units under Title IV of the CleanAir Act; (6) "Affected unit," a unit that is subject to any ofthe emission reduction requirements or emission limits pursuant to Title IV ofthe Clean Air Act or chapter 74:36:16; (7) "Air pollutant," one or a combination of the regulated mr pollutants listed m § 

### 74:36:01 :15; (8) "Allowable emissions," the emissionrate calculated using the maximum rated capacity ofa source unless the source is subject to federally enforceable limits which restrict operating rate, hours ofoperation, orboth, and the most stringent ofthe following: (a) The applicable new sourceperformance standards in chapter 74:36:07; (b) The applicable national emission standards in chapter 74:36:08; (c) Any applicable emission limitations specified in this article, including those with a future compliance date; (d) The emissionrate specified as apermit condition; or (e) The applicable standards in40 C.F.R. Part 60, 61, or 63 (July 1, 2009);

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### (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 ofMinerals and Environment; (12) "Btu," Britishthermal unit; (13) 

### "CO," carbonmonoxide; (14) "Chairman," chairman oftheboard; (15) "Clean Air Act," the Clean Air Act, 42 U.S.C. 7401 et seq., as amended through January 1, 2010; (16) "Clean Air Act Amendments," the amendments to the Clean Air Act enacted in Pub. L. 

### No. 101-549, November 15, 1990; (17) "Control equipment," a device whichprevents orreduces emissions;

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### (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 ofEnvironment and Natural Resources; (20) "Designated representative," the responsible person or official authorized by the owner or operator of an affected unit, in accordance with the Clean Air Act, to represent the owner or operator in matters pertaining to the holding, transfer, or disposition of allowances allocated to the unit and the submission ofand compliance withpermits, permit applications, and complianceplans for the unit; (21) "Draft permit," the versiOn of a permit for which the department offers public participation or affected statereview; (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 singleunit;

6(24) "Emissionunit," "Unit," any part or activity ofa stationary source which emits orhas the potential to emit a regulated air pollutant or any pollutant listed under section 112(b) ofthe CleanAirAct; (25) "EPA," the Environmental ProtectionAgency; (26) "Equivalentmethod," anymethod ofsampling and analysis for an air pollutant which has a consistent and quantitatively known relationship to the reference method under specified conditions; (27) "Existing source," a sourcethathas an approved state-issued variance orpermit; (28) "Facility," a building, structure, or installation ofpollutant-emitting activities which belong to the same industrial grouping, located on one ormore contiguous or adjacentproperties 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 iftheybelongto 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

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### 1, 2009), requirements within the state implementation plan, and permitrequirements established pursuant to this article or 40 C.F.R. § 51 Subpart I (July 1, 2009). The use ofthis term does not impede the department's authorityunder state law to enforce these limits and conditions; (30) "Final permit" the version ofan operating permit issued by the permitting authority for a source that has completed all required review procedures; (31) "Fuel-burning unit," a furnace, boiler, apparatus, stack, or any oftheir components used in the process ofburning fuel or other combustible material for the primary purposes of producingheat orpowerbyindirectheattransfer; (32) "Fugitive emissions," those air pollutants which could not reasonably pass through a stack, chimney, vent, or other functionally equivalent opening; (33) "General permit," a permit issued by the board in accordance with SDCL 34A-1-56 thatmaybemade applicable to numerous similar sources; (34) "Heat input," the aggregate heat content of all fuels whose products ofcombustion pass through a stack or stacks, using the heat input value ofthe 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 ofthewasteby removing its combustible material;

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### (36) "Malfunction," any sudden and unavoidable failure ofair pollution control equipment or process equipment or ofa 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, orany other causewithinthe control ofthe owner oroperator ofthe source; (37) "Minor source," a source whose potential emissions of a criteria pollutant are less than 100 tons a year and which does notmeet the definition ofa Part 70 source; (38) "New source," a sourcethathas notbeen constructed and does notpossess apermit or an approved state-issued variance; (39) "Nonattainrnent area," an area that does not meet or that contributes to ambient air quality in a nearby area that does not meet the national primary or secondary ambient air quality standard for the pollutant; ( 40) "NSR," new sourcereview; ( 41) "Opacity," the degree to which emissions reduce the transmission of light and obscurethe view ofan object in thebackground;

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### (42) "Open burning," the burning of any matter in such a manner that the products of**~~--.** 

### combustion resulting from the burning are emitted directly into the ambient air without passage through a stack, duct, or chimney; (43) "Operating permit," a written authorization issued by the board or the secretary for the operation ofa source; (44) "Owner or operator," anyperson who owns, leases, operates, controls, or supervises a source; (45) Repealed; (46) "Part 70 operating permit," any permit or group ofpermits covering a Part 70 source that is issued, renewed, amended, orrevised; (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 widerange ofsizes; (49) "Permit modification," a change to a source which operates under a minor source operatingpermit or Part 70 operatingpermit that meets the requirements of§ 74:36:01:10;

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### (50) "Permit revision," a revision to a minor source operating permit or Part 70 operating permit to incorporate a permit modification, administrative permit amendment, or minor permit amendment; (51) "Person," an individual, corporation, partnership, firm, association, trust, estate, public or private institution, group, agency, political subdivision or state agency or any legal successor, representative, agent, oragency ofthe foregoing; (52) "PMlO," particulate matter with an aerodynamic diameter less than or equal to a nominal ten micrometers as measuredbyan applicable reference orequivalentmethod; (53) "Proposed Part 70 operating permit," a permit that the department has forwarded to EPA for review after the closure ofthe public notice period and after considering any public comments, including those from affected states; (54) "PSD," prevention ofsignificant deterioration; (55) Repealed; (56) "Salvage operation," an operation conducted in whole or in part for the reclaiming of product or material;

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### (57) "Secretary," the secretary of the South Dakota Department of Environment and Natural Resources or an authorized representative; (58) "Shutdown," the cessation ofoperation ofany control equipment, process equipment, orprocess for anypurposes; (59) "Smoke," small gas-borne particles resulting from incomplete combustion, consisting predominantly, but not exclusively, ofcarbon, ash, and other combustible material, that form a visible plume inthe air; (60) "Source," a facility that emits ormay emit any air pollutant regulated underthe Clean Air Act; (61) "Start-up," the setting into operation ofany control equipment, process equipment, or 

# . process for anypurpose; (62) "Title I," Title I of the Clean Air Act Amendments, provisions for attainment and maintenance ofnational ambient air quality standards; (63) "Title IV," Title IV ofthe Clean Air Act Amendments, acid deposition control; (64) "Title V," Title V ofthe CleanAirAct Amendments, permits;

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### (65) "Title VI," Title VI of the Clean Air Act Amendments, stratospheric ozone protection; (66) "Variance," a written authorization issued by the board to operate a minor source in an attainment area that is not in compliancewith certainportions ofthe Act; (67) "VOC," "volatile organic compounds," as defined in 40 C.P.R. § 51.100(s) (July 1, 2009); (68) "Wire reclamation furnace," a furnace that uses either direct or indirect heat transfer to salvage nonferrous metals through the thermal destruction ofsolid wastematerials; (69) "PM2.5," particulate matter with an aerodynamic diameter less than or equal to a nominal 2.5 micrometers as measured byan applicable reference or equivalentmethod; (70) "S02," sulfurdioxide; (71) "N02," nitrogen dioxide; and (72) "Constructionpermit," a written authorization issued bytheboard or the secretary for the construction and operation ofanew source ormodification to an existing source.

13(73) "Subject to regulation" as defined in 40 CFR § 70.2 (July 1, 2009), as revised in 

# r=- i publication 75 Fed. Reg. 31607 (June 3, 2010), in accordance with EPArequirements. Source: SL 1975, ch 16, § 1; 2 SDR 40, effective December 7, 1975; transferred from § 34:10:01 :01, 7 SDR4, effectiveJuly27, 1980; transferred from §44:10:01 :01, effectiveJuly 1, 1981; 8 SDR 71, effective December 21, 1981; 10 SDR 68, effective January 5, 1984; 13 SDR 129, 13 SDR 141, effective July 1, 1987; 14 SDR 72, effective November 24, 1987; 16 SDR 88, effective November 14, 1989; 17 SDR 170, effective May 13, 1991; transferred from § 74:26:01:01, 19 SDR 157, effective April22, 1993; 21 SDR 119, effective January 5, 1995; 23 SDR 106, effective December 29, 1996; 25 SDR 123, effective April 4, 1999; 30 SDR 26, effective September 1, 2003; 31 SDR 101, effective January 2, 2005; 32 SDR 209, effective June 13, 2006; 36 SDR207, effective June 28, 2010. GeneralAuthority: SDCL 34A-1-6. Law Implemented: SDCL 34A-1-6. Reference: Standard Industrial Classification Manual, 1987, Executive Office of the President, Office ofManagement and Budget. Copies may be obtained from National Technical Information Service, 5285 Port Royal Road, Springfield, Virginia 22161, order no. PB 87- 100012. Cost: $31.

74:36:01:08. Major source defined. A major source is any source or any group of sources that is located on one or more contiguous or adjacent properties, that is under control of

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### r=- the same person or ofpersons under common control, that belongs to a single major industrial grouping, and that is any ofthe 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 whichhas beenlisted pursuantto § 112(b) ofthe Clean AirAct, 25 tpy or more ofany combination ofsuchhazardous airpollutants, or a lesser quantity establishedbyrule by the administrator ofthe EPA. Emissions from any oil exploration or production well and its associated equipment and emissions from any pipeline compressor or pump station may not be aggregated with emissions from other similarunits, whether ornot such units are in a contiguous area orunder common control, to determinewhether suchunits or stations are major sources; or (2) A major source ofair pollutants, as defined in § 302 ofthe Clean Air Act, thatdirectly emits or has the potential to emit 100 tpy or more of any air pollutant subject to regulation as required by EPA, including any major source of fugitive emissions of any such pollutant, as determinedbyrulebythe administrator ofthe EPA; or (3) A major source as defined inPart D ofTitle I ofthe CleanAirAct, including; (a) For ozone nonattainment areas, sources with the potential to emit 100 tons ormore per year ofvolatile organic compounds or oxides ofnitrogen in areas classified as "marginal" or "moderate, "50 tons ormore per year in areas classified as "serious," 25 tons ormore per year in

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### areas classified as "severe," and 10 tons or more per year in areas classified as "extreme." The references in this subdivision to 100, 50, 25, and 10 tons per year ofnitrogen oxides do not apply to any source for whichthe administrator ofthe EPAhas made a finding, under§ 182(£)(1) or (2) ofthe CleanAir Act, that therequirements of§ 182(f) ofthe Clean AirAct do not apply; (b) For ozone transport regions established pursuant to § 184 of the Clean Air Act, sources withthe potential to emit 50 tons or moreperyear ofvolatile organic compounds; (c) For carbon monoxide nonattainment areas that are classified as "serious" and in which sources contribute significantly to carbon monoxide levels as determined under rules issued by the administrator ofthe EPA, sources with the potential to emit 50 tons or more per year ofcarbon monoxide; and (d) For particulate matter (PM10) nonattainment areas classified as "serious," sources with the potential to emit 70 tons ormoreper year ofPM10. A source or group ofsources is considered as part ofa single industrial grouping ifall of the pollutant-emitting activities ofthe source or group ofsources belongto the samemajorgroup (i.e. which have the same two-digit code) as described in the Standard Industrial Classification Manual, 1987.

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### ;:=---, Source: 

### List ofstationary 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 January5, 1995; 25 SDR 123, effectiveApril4, 1999. GeneralAuthority: 

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

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

### Classification defined, Title I ofthe Clean AirAct. Reference: 

### Standard Industrial Classification Manual, 1987, Executive Office of the President, Office ofManagement and Budget. Copies may be obtained from National Technical Information Service, 5285 Port Royal Road, Springfield, Virginia 22161, order no. PB 87- 100012. Cost: $31. 74:36:01:15. Regulated air pollutant defined. 

### A regulated air pollutant is one ofthe following: (I) Nitrogen oxides or anyvolatile organic compounds; (2) Nitrogen dioxide, PM10, sulfur dioxide, carbon monoxide, lead, ozone, or any pollutant for which a national ambient air quality standard has beenpromulgated in the CleanAir Act;

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### (3) Anypollutant that is addressed by any standard promulgated under § 111 ofthe Clean AirAct; (4) Any Class I or II substance subject to a standard promulgated under or established by Title VI ofthe CleanAir Act; eF 

### (5) Any pollutant subject to a standard promulgated under § 112 ofthe Clean Air Act or other requirements established under §§ 112(g), (j), and (r) ofthe Clean Air Act, including the following: (a) Any pollutant subject to a standard promulgated under § 112(j) ofthe Clean Air Act. Ifthe administrator ofthe EPA fails to promulgate a standard by the date established in § 112(e) ofthe Clean Air Act, any pollutant for which a subject source would be major shall be consideredto beregulated on that date; and (b) Anypollutant for which the requirements of§ 112(g)(2) ofthe Clean Air Act have beenmet, but only for the individual source subject to § 112(g)(2) requirement; or (6) Any ofthe six greenhouse gases designated by EPA as regulated air pollutants: carbon dioxide, nitrous oxide, methane, hydrofluorocarbons, perfluorocarbons, and sulfurhexafluoride. Source: 

### 19 SDR 157, effectiveApril22, 1993; 21 SDR 119, effective January 5, 1995. GeneralAuthority: 

### SDCL 34A-1-6.

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



### CHAPTER74:36:09 PREVENTION OFSIGNIFICANT DETERIORATION

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



### 74:36:09:02. Prevention of significant deterioration. For the purposes ofthis chapter, the state's definitions and requirements for the prevention ofsignificant deterioration are those in 40 C.F.R. § 52.21 (July 1, 2009), as revised by EPA in publication 75 Fed. Reg. 31606 and 31607 (June 3, 2010), except for 40 C.F.R. § 52.21(a)(l), (a)(2)(iv)(e), (a)(2)(vi), (b)(2)(iii)(h), (b)(3)(iii)(b), (b)(3)(vi)(d), (b)(32), (b)(42), (b)(55), (b)(56), (b)(57), (b)(58), (f), (q), (s), (t), (u), (x), (y), (z), and (cc) (July 1, 2009) withthe following differences:

19(1) For the purposes of this section, all terms defined in this section have the meaning 

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

20**r-~~~** 

### existing unit and using the method specified in paragraph (a)(2)(iv)(e) of this section for the Clean Unit"; (5) For the purposes of this section, 40 C.F.R. § 

### 52.21(b)(2)(iii)(a) is incorporated by reference excluding the second sentence which states, "Routine maintenance, repair and replacement shall include, but not be limited to, any activity(s) that meets the requirements ofthe equipmentreplacement provisions contained in paragraph (cc) ofthis section"; (6) For the purposes ofthis section, 40 C.F.R. §

### 52.21(r)(6) is incorporated by reference excludingthephrase, "(otherthan projects at a Clean Unit or at a source with a PAL)"; (7) For the purposes ofthis section, 40 C.F.R. § 52.21(v)(l) is incorporated by reference excluding the phrase, "under40 CFR 124.10"; and (8) For the purposes ofthis section, 40 C.F.R. § 52.21(w)(l) is incorporated byreference excludingthe phrase, "expires underparagraph (s) ofthis section or". The secretary shall transmit to the administrator of the EPA a copy of each permit application subject to this section and shall notify the administrator of the EPA of each significant action the secretarytakes onthe application. IfEPA stays or withdraws the regulation ofgreenhouse gases as identified in publication 75 Fed. Reg. 31606 and 31607 (June 3, 2010), or a court issues an order vacating or otherwise

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### invalidating EPA's regulation ofgreenhouse gases for any reason, the regulation ofgreenhouse**(~-** = 

### gases by Article 74:36 are void as ofthe date ofsuch administrative or judicial action and shall have no further force and effect. 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; 33 SDR 43, effective September 18, 2006; 33 SDR 217, effective June 13, 2007; 36 SDR 207, effective June 28, 2010. General Authority: 

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

### SDCL 34A-1-18.

CHAPTER74:36:20 CONSTRUCTION PERMITS FORNEW SOURCES ORMODIFICATIONS



### Section 74:36:20:01 74:36:20:02 Applicability. Constructionpermitrequired. 74:36:20:02.01 Initiating constructionpriorto permit issuance. 74:36:20:03 74:36:20:04 Constructionpermit exemption. Emissionunit exemptions.

22-""- 74:36:20:05 

## r··''·=. Standard for issuance ofconstructionpermit. \ 74:36:20:06 Timelyand complete application for a constructionpermitrequired. 74:36:20:07 Required contents ofcomplete application for a constructionpermit. 74:36:20:08 Applicantrequired to supplement orcorrect application. 74:36:20:09 Permit application-- Completeness review. 74:36:20:10 Timeperiod for department's recommendation. 74:36:20:11 Public participation inpermittingprocess. 74:36:20:12 Publicreview ofdepartment's draftpermit. 74:36:20:13 Final permit decision -- Notice to interested persons. 74:36:20:14 Right to petition for contested casehearing. 74:36:20:15 Contents ofconstructionpermit. 74:36:20:16 Administrativepermit amendment. 74:36:20:17 Procedures for administrativepermit amendments. 74:36:20:18 Reopening construction permit for cause. 74:36:20:19 Procedures to reopen constructionpermit. 74:36:20:20 Constructionpermitdoes not exempt from otherrequirements. 74:36:20:21 Expiration ofa constructionpermit. 74:36:20:22 Notice ofconstructing oroperatingnoncompliance-- Contents. 74:36:20:23 Petition for contested case or alleged violation. 74:36:20:24 Circumvention ofemissions not allowed.

2374:36:20:02. Construction permit required. 

### A person may not construct, install, modify, or operate any source or unit likely to cause the emission of air pollutants into the ambient air or any equipment that prevents or controls the emission of air pollutants into the ambient air until a construction permit has been issued by the board or the secretary, unless it meetthe requirements in§ 74:36:20:02.01. Source: 

### 36 SDR 207, effective June 28, 2010. GeneralAuthority: 

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

### SDCL 34A-1-21. 74:36:20:02.01. Initiating construction prior to permit issuance. 

### The owner oroperator ofa new source or modification to an existing source may initiate construction prior to issuance of the construction permit by the department if the owner or operator meets the following requirements: (1) 

### The owner or operator has submitted a construction permit application to the departmentin accordance with §74:36:20:06; (2) The owner or operator has submitted a notification to the department ofits intentions to initiate construction prior to issuance of the construction permit five working days before initiating construction;

24(3) The new source or modification to an existing source is not subject to chapters 74:36:09 or 74:36:10. The provisions in chapters 74:36:09 or 74:36:10 remain applicable until the new source or modification to an existing source legally obtains a construction permit with federally enforceable conditions which limit the sources potential to emit below the applicable thresholds in chapters 74:36:09 or 74:36:10; (4) The new source or modification to an existing source is not subject to § 74:36:08:03.01. The provisions in § 74:36:08:03.01 remain applicable until the new source or modification to an existing source legally obtains a construction permit with federally enforceable conditions which limit the sources potential to emit below the applicable thresholds in§ 74:36:08:03.01; (5) The owner or operator must assume any liability for construction conducted on a source before the permit is issued and in no case will the applicant be allowed to operate the equipmentin any waythat may emit any airpollutantprior to receiving a constructionpermit; (6) The owner or operator must cease construction if the department's evaluation demonstrates the construction of the new source or modification to the existing source will interfere with the attainment or maintenance of a national ambient air quality standard or increment; and (7) The owner or operator will be required to make any changes to the new source or modification ofan existing source that maybeimposed in the issued constructionpermit.

25Source: GeneralAuthority: SDCL 34A-l-6, 34A-1-21. LawImplemented: SDCL 34A-1-21.

26MEMO TO: FROM: SUBJECT: DougDecker Code Counsel March 17, 2011 Legislative Research Council Kyrik

# t~bough, Engineering Manager I AirQuality Program Final Draft ofrevisions to ARSD 74:36- Air Pollution Control Program
I have enclosed a packet pertaining to the final draft ofthe revisions to 74:36- Air Pollution Control Program: The enclosedpacket contains thefollowing documents: • Aneditedcopy ofthe first draft; • A copy ofLegislative Research Council'srecommendedchanges • A copy ofthe final draft approvedby the Board ofMinerals andEnvironment • The original form #11,which containsthe signatures ofamajorityofthe members ofthe Board ofMinerals and Environment; • A copy ofthe affidavitofthe mailingto the Rules Committee members; • A copy ofthe minutesfor the February 17, 2011, Board ofMinerals and Environment meeting. Ifyou have any concerns or questions, please contactme at (605) 773-3151.March 18, 2011 Kristin A. Henry StaffAttorney Sierra Club 85 Second Street San Francisco, California 94115 Dear Ms. Henry: 

## DEPARTMENT of

## ENVIRONMENT and NATURAL RESOURCES PMB 2020 JOE FOSS BUILDING 523 EAST CAPITOL PIERRE, SOUTH DAKOTA 57501-3182 www.state.sd.us/denr

Thank you for submitting comments on the proposed revisions to the Administrative Rules of South Dakota (ARSD) 74:36- Air Pollution Control Program. On February 17, 2011, the Board ofMinerals and Environmentheld a public hearing on the proposedrevisions. During the hearing, the Department ofEnvironment and Natural Resources presented your comments to the Board. After considering the written and oral comments provided, the Board of Minerals and Environment approved the revisions to ARSD 74:36. Atthistime, you may access information regarding the hearing such as the agenda and minutesvia the internet at http://denr.sd.gov/boards/schedule.aspx. Sincerely, Kyrik Rombough Engineering Manager I Air Quality ProgramMarch 18, 2011 Vern Timmerman 25272 445 Avenue Salem, South Dakota 57058 Dear Mr. Timmerman: 

### DEPARTMENT 

### of ENVIRONMENT and NATURAL RESOURCES PMB 2020 JOE FOSS BUILDING 523 EAST CAPITOL PIERRE, SOUTH DAKOTA 57501-3182 www.state.sd.us/denr

Thankyou for submitting comments onthe proposed revisions to the Administrative Rules of South Dakota (ARSD) 74:36- Air Pollution Control Program. On February 17, 2011, the Board ofMinerals and Environmentheld a public hearing on the proposedrevisions. During the hearing, the Department ofEnvironment and Natural Resources presented your comments to the Board. After consideringthe written and oral comments provided, the Board of Minerals and Environment approved the revisions to ARSD 74:36. At this time, you may access information regarding the hearing such as the agenda and minutes viathe internet at http://denr.sd.gov/boards/schedule.aspx. Sincerely, Kyrik Rombough Engineering Manager I Air Quality ProgramMarch 18, 2011 DonnaLaFerrier 47423 319th Street Elk Point, South Dakota 57025 Dear Ms. LaFerrier: 

### DEPARTMENT 

### of ENVIRONMENT and NATURAL RESOURCES PMB 2020 JOE FOSS BUILDING 523 EAST CAPITOL PIERRE, SOUTH DAKOTA 57501-3182 www.state.sd.us/denr

Thank you for submitting comments on the proposedrevisions to the Administrative Rules of South Dakota (ARSD) 74:36- Air Pollution Control Program. On February 17, 2011, the Board ofMinerals and Environmentheld a public hearing onthe proposedrevisions. During the hearing, the Department ofEnvironment and Natural Resources presented your comments to the Board. After considering the written and oral comments provided, the Board of Minerals andEnvironment approvedthe revisions to ARSD 74:36. At this time, you may access information regarding the hearing such as the agenda and minutes viathe internet at http://denr.sd.gov/boards/schedule.aspx. Sincerely, Kyrik Rombough Engineering Manager I Air Quality ProgramMarch 18,2011 Deanna Langle 47542 SD Hwy 50 Elk Point, South Dakota 57025 Dear Ms. Langle: 

### DEPARTMENT

### of ENVIRONMENT and NATURAL RESOURCES PMB 2020 JOE FOSS BUILDING 523 EAST CAPITOL PIERRE, SOUTH DAKOTA 57501-3182 www.state.sd.us/denr

Thankyou for submitting comments on the proposed revisions to the Administrative Rules of SouthDakota (ARSD) 74:36- Air Pollution Control Program. On February 17, 2011, the Board ofMinerals and Environmentheld a public hearing onthe proposedrevisions. During the hearing, the Department ofEnvironment and Natural Resources presented your commentsto the Board. After considering the written and oral comments provided, the Board of Minerals and Environment approved the revisions to ARSD 74:36. At this time, youmay access information regarding the hearing such as the agenda and minutes via the internet at http://denr.sd.gov/boards/schedule.aspx. Sincerely, 

# ¥t#- Kyrik Rombough Engineering Manager I Air Quality ProgramMarch 18, 2011 Barbara Anderson 31992 SD Highway 11 Elk Point, SouthDakota 57025-6657 Dear Ms. Anderson: 

### DEPARTMENT 

### of ENVIRONMENT and NATURAL RESOURCES PMB 2020 JOE FOSS BUILDING 523 EAST CAPITOL PIERRE, SOUTH DAKOTA 57501-3182 www.state.sd.us/denr

Thankyou for submittingcomments on the proposedrevisions to the Administrative Rules of South Dakota (ARSD) 74:36- AirPollution Control Program. On February 17,2011, the Board ofMinerals and Environmentheld a public hearing onthe proposedrevisions. During the hearing, the Department ofEnvironment and Natural Resources presented your comments to the Board. After considering the written and oral comments provided, the Board of Minerals and Environment approvedthe revisions to ARSD 74:36. At this time, you may access informationregarding the hearing such as the agenda and minutes via the internet at http://denr.sd.gov/boards/schedule.aspx. Sincerely, 

# %/W Kyrik Rombough Engineering Manager I Air Quality ProgramMarch 18, 2011 Burdette and Gladys Hanson 31713 475 Avenue Elk Point, South Dakota 57025 DearMs. Hanson: 

## DEPARTMENT of 

## ENVIRONMENT and NATURAL RESOURCES PMB 2020 JOE FOSS BUILDING 523 EAST CAPITOL PIERRE, SOUTH DAKOTA 57501-3182 www.state.sd.us/denr

Thankyou for submitting comments onthe proposed revisions to the Administrative Rules of South Dakota (ARSD) 74:36- AirPollution Control Program. On February 17, 2011, the Board ofMinerals and Environment held a public hearing onthe proposedrevisions. During the hearing, the Department ofEnvironment and Natural Resources presented your comments to the Board. After considering the written and oral comments provided, the Board of Minerals and Environment approved the revisions to ARSD 74:36. At thistime, you may access informationregarding the hearing such as the agenda and minutes via the internet at http://denr.sd.gov/boards/schedule.aspx. Sincerely, I 

# %:lo/ / Kyrik Rombough Engineering Manager I Air Quality ProgramMarch 18, 2011 Elaine and Gerald Hanson 104 Maple Court- Box 705 Elk Point, South Dakota 57025 Dear Mr. and Mrs. Hanson: 

### DEPARTMENT ofENVIRONMENT and NATURAL RESOURCES PMB 2020 JOE FOSS BUILDING 523 EAST CAPITOL PIERRE, SOUTH DAKOTA 57501-3182 www.state.sd.us/denr

Thank you for submitting comments on the proposed revisions to the Administrative Rules of SouthDakota (ARSD) 74:36- Air Pollution Control Program. On February 17, 2011, the Board ofMinerals and Environmentheld a public hearing on the proposedrevisions. During the hearing, the Department ofEnvironment andNatural Resources presented your comments to the Board. After considering the written and oral comments provided, the Board of Minerals and Environment approved the revisions to ARSD 74:36. Atthistime, you may access information regarding the hearing such as the agenda and minutes via the internet at http://denr.sd.gov/boards/schedule.aspx. Sincerely, Kyrik Rombough Engineering Manager I Air Quality ProgramMarch 18, 2011 Nicholas Koster 46718 315 1h Street Vermillion, South Dakota 57069 DearMr. Koster: 

### DEPARTMENT 

### of ENVIRONMENT and NATURAL RESOURCES PMB 2020 JOE FOSS BUILDING 523 EAST CAPITOl PIERRE, SOUTH DAKOTA 57501-3182 www.state.sd.us/denr

Thank you for submitting comments on the proposed revisions to the Administrative Rules of South Dakota (ARSD) 74:36- Air Pollution Control Program. On February 17,2011, the Board ofMinerals and Environment held a public hearing onthe proposedrevisions. During the hearing, the Department ofEnvironment and Natural Resourcespresented your comments to the Board. After consideringthe written and oral comments provided, the Board of Minerals and Environment approved the revisions to ARSD 74:36. Atthistime, youmay access information regarding the hearing such as the agenda and minutes via the internet at http://denr.sd.gov/boards/schedule.aspx. Sincerely,



# %ilL/ Kyrik Rombough Engineering Manager I Air Quality ProgramMarch 18, 2011 Bruce Gray 222 North Yale Vermillion, SouthDakota 57069 Dear Mr. Gray: 

### DEPARTMENT of ENVIRONMENT and NATURAL RESOURCES PMB 2020 JOE FOSS BUILDING 523 EAST CAPITOL PIERRE, SOUTH DAKOTA 57501-3182 www.state.sd.us/denr

Thankyou for submitting comments on the proposed revisions to the Administrative Rules of SouthDakota (ARSD) 74:36- Air Pollution Control Program. On February 17,2011,the Board ofMinerals and Environmentheld a public hearing onthe proposed revisions. During the hearing, the Department ofEnvironment and Natural Resources presented your comments to the Board. After considering the written and oral comments provided, the Board of Minerals and Environment approved the revisions to ARSD 74:36. At this time, you may access information regarding the hearing such as the agenda and minutes via the internet at http://denr.sd.gov/boards/schedule.aspx. Sincerely,

# Y;J~ Kyrik Rombough Engineering Manager I Air Quality ProgramMarch 18, 2011 Cindy Gehm 804 Canby Street Vermillion, South Dakota 57069 Dear Ms. Gehm: 

### DEPARTMENT 

### of ENVIRONMENT and NATURAL RESOURCES PMB 2020 JOE FOSS BUilDING 523 EAST CAPITOl PIERRE, SOUTH DAKOTA 57501-3182 www.state.sd.us/denr

Thank you for submitting comments on the proposed revisions to the Administrative Rules of SouthDakota (ARSD) 74:36- Air Pollution Control Program. On February 17, 2011, the Board ofMinerals and Environment held apublic hearing on the proposed revisions. During the hearing, the Department ofEnvironment and Natural Resources presented your comments to the Board. After considering the written and oral comments provided, the Board of Minerals and Environment approved the revisions to ARSD 74:36. At this time, you may access information regarding the hearing such as the agenda and minutes via the internet at http://denr.sd.gov/boards/schedule.aspx. Sincerely,

# ~IlL Kyrik Rombough Engineering Manager I Air Quality ProgramMarch 18, 2011 Adrian and Carolyn Hanson 31745 47Yct Avenue Elk Point, South Dakota 57025 Dear Mr. and Mrs. Hanson: 

### DEPARTMENT

### of ENVIRONMENT and NATURAL RESOURCES PMB 2020 JOE FOSS BUILDING 523 EAST CAPITOl PIERRE, SOUTH DAKOTA 57501-3182 www.state.sd.us/denr

Thank you for submitting comments on the proposed revisions to the Administrative Rules of South Dakota (ARSD) 74:36- Air Pollution Control Program. On February 17, 2011, the Board ofMinerals and Environmentheld a public hearing on the proposedrevisions. During the hearing, the Department ofEnvironment and Natural Resources presented your comments to the Board. After consideringthe written and oral comments provided, the Board of Minerals and Environment approved the revisions to ARSD 74:36. Atthis time, you may access information regarding the hearing such as the agenda and minutes via the internet at http://denr.sd.gov/boards/schedule.aspx.

# ~u Kyrik Rombough Engineering Manager I Air Quality Program____ ....,... March 18, 2011 Gloria Kribell 506 Anderson Street Alcester, SouthDakota 57001 Dear Ms. Kribell: 

## DEPARTMENT of 

## ENVIRONMENT and NATURAL RESOURCES PMB 2020 JOE FOSS BUILDING 523 EAST CAPITOl PIERRE, SOUTH DAKOTA 57501-3182 www.state.sd.us/denr

Thank you for submitting comments on the proposed revisions to the Administrative Rules of South Dakota (ARSD) 74:36- Air Pollution Control Program. On February 17,2011, the Board ofMinerals and Environmentheld a public hearing onthe proposed revisions. During the hearing, the Department ofEnvironment and Natural Resources presented your comments to the Board. After considering the written and oral comments provided, the Board of Minerals and Environment approved the revisions to ARSD 74:36. At this time, you may access information regarding the hearing such as the agenda and minutes via the internet at http://denr.sd.gov/boards/schedule.aspx. Sincerely,

# ~10!- Kyrik Rombough Engineering Manager I Air Quality ProgramMarch 18, 2011 Arden and Bridget Hanson

. d 32726 473r Avenue Elk Point, South Dakota 57025 Dear Mr. and Mrs. Hanson: 

### DEPARTMENT 

### of ENVIRONMENT and NATURAL RESOURCES PMB 2020 JOE FOSS BUILDING 523 EAST CAPITOl PIERRE, SOUTH DAKOTA 57501-3182 www.state.sd.us/denr

Thankyou for submitting comments ontheproposed revisions to the Administrative Rules of SouthDakota (ARSD) 74:36- Air Pollution Control Program. OnFebruary 17, 2011, the Board ofMinerals and Environmentheld a publichearing on the proposed revisions. During the hearing, the Department ofEnvironmentand Natural Resources presented your comments to the Board. After consideringthe written and oral comments provided, the Board of Minerals and Environment approved the revisions to ARSD 74:36. At this time, you may access informationregarding the hearing such as the agenda and minutes viathe internet at http://denr.sd.gov/boards/schedule.aspx. Sincerely,

# ~~ Kyrik Rombough Engineering Manager I Air Quality ProgramMarch 18, 2011 Carolyn Harkness 47578 316t11 Street Elk Point, South Dakota 57025 Dear Ms. Harkness: 

### DEPARTMENT 

### of ENVIRONMENT and NATURAL RESOURCES PMB 2020 JOE FOSS BUILDING 523 EAST CAPITOL PIERRE, SOUTH DAKOTA 57501-3182 www.state.sd.us/denr

Thankyou for submitting comments on the proposed revisions to the Administrative Rules of South Dakota (ARSD) 74:36- Air Pollution Control Program. On February 17, 2011, the Board ofMinerals and Environmentheld a public hearing onthe proposedrevisions. During the hearing, the Department ofEnvironment andNatural Resourcespresented your comments to the Board. After considering the written and oral commentsprovided, the Board of Minerals and Environment approvedthe revisions to ARSD 74:36. Atthis time, youmay access information regarding the hearing such as the agenda andminutes via the internet at http://denr.sd.gov/boards/schedule.aspx. Sincerely,



# (/Ill Kyrik Rombough Engineering Manager I Air Quality ProgramMarch 18, 2011 Lola Prothero 231 N. 

## ih Street Akron, Iowa 51001 DearMs. Prothero: 

### DEPARTMENT of ENVIRONMENT and NATURAL RESOURCES PMB 2020 JOE FOSS BUILDING 523 EAST CAPITOL PIERRE, SOUTH DAKOTA 57501-3182 www.state.sd.us/denr

Thank you for submitting comments on the proposed revisions to the Administrative Rules of South Dakota (ARSD) 74:36- Air Pollution Control Program. On February 17, 2011, the Board ofMinerals and Environmentheld a public hearing onthe proposed revisions. During the hearing, the Department ofEnvironment and Natural Resources presented your comments to the Board. After consideringthe written and oral comments provided, the Board of Minerals and Environment approved the revisions to ARSD 74:36. Atthistime, you may access information regarding the hearing such as the agenda and minutes via the internet at http

### :1Idenr.sd.gov/boards/schedule.aspx. Sincerely,

# ~~ Kyrik Rombough Engineering Manager I Air Quality Program